Buyer referred to in these Terms and Conditions is Advantage Machine & Mfg., a Texas Corporation with offices in Plano, Texas. No other affiliate, parent, subsidiary or division of Advantage Machine & Mfg., Inc.. is a party to or in any way subject to the terms, rights and obligations hereof, including but not limited to any rights of set-off or recoupment accruing to the Seller.
None of the terms and conditions contained in the Purchase Order/Subcontract Agreement may be added to, modified, superseded or otherwise altered except by a written instrument signed by buyer and delivered by buyer to seller. All work performed hereunder and each shipment received by buyer from seller shall be deemed to be only upon the terms and conditions contained in the Purchase Order/Subcontract Agreement except as they may be added to, modified, superseded or otherwise altered, notwithstanding any terms and conditions that may be contained in any acknowledgement, invoice or other form of seller and notwithstanding buyer’s act of accepting or paying for any shipment or similar act of buyer.
1. This is a fixed price order and prices cannot be increased. This purchase is exempt from sales and use taxes. In the event repairs are needed Advantage Machine and Seller will enter into negotiations to establish a reasonable price for the inspection and evaluation costs associated with such repairs. No repairs are to be made until seller advised cost by individual piece and receives approval in the form of a change order to this purchase order. Cost, if any, or analyzing the extent of needed repair, if no work is authorized to be performed, is to be absorbed by Seller.
2. The delivery schedule specified is firm and shall not be changed without the prior written approval from Buyer. In the event the Seller becomes delinquent in the delivery of hardware to the specified schedule herein, Advantage Machine reserves the right to cancel all or any part thereof of those items which are delinquent at no cost to Advantage Machine & Mfg.
3. All rejected hardware shall be returned to Seller at Seller’s expense. Replacement shipments to Advantage Machine shall be at the Seller’s expense.
4. Over-shipments to the purchase order quantity will not be accepted by Advantage Machine unless authorized by the Buyer and documented by change order.
5. Air or other premium shipping charges generated as a result of supplier being delinquent to purchase order schedules shall be charged to the Seller.
6. If applicable, all materials required for fabrication shall be furnished by subcontractor, the cost of which is included in the contract prices stated herein.
7. All tooling ordered hereunder will become the property of Advantage Machine & Mfg.. Invoices for said tooling will be paid by Buyer when the tool is completed and received by the Buyer and the first article made POL04 REV: C Issued: 3/3/17 with the tooling is accepted by Buyer. In addition, upon completion of this order, seller agrees to retain and protect said tooling for use on future orders for Buyer or return said tooling to Buyer when requested by Buyer.
8. All tools either produced or provided by the Buyer will be used only for the fabrication of Buyer’s parts and assemblies, unless otherwise authorized by Buyer. This tooling is not to be destroyed, disposed of, or transferred without written authorization from Buyer. Tooling must be maintained per DAR 7.104.24-A and FAR 52.245-2 government property.
9. Seller shall notify Buyer immediately of all articles not in strict conformance with drawings, specifications or contractual requirements. Such items shall not be shipped without prior written approval of Buyer.
10. Buyer shall have the privilege of sending personnel into the Seller’s plant for the purpose of coordination of the work being performed under the Buyer’s purchase order. Seller may make such visits to Advantage Machine & Mfg. when required for assistance or coordination toward the integration of Seller’s effort with Buyer’s purchase order requirements.
11. All articles shall be adequately wrapped, packed and crated to prevent damage in transit.
12. Seller shall furnish CERTIFICATE OF CONFORMANCE stating as a minimum that items meet the purchase order requirements. C of C must reflect the purchase order, part number, revision number, quantity and authorized signature. This must be repeated for partial shipments.
13. Advantage Machine & Mfg. source inspection is required on first lot only. Notify Advantage Machine ten (10) days in advance of test to final inspection of first lot. Final acceptance is at Advantage Machine offices in Plano, Texas. Advantage Machine source inspection shall not constitute product acceptance, nor shall it relieve the Seller of any responsibility and/or liability for full compliance with all requirements of this purchase order.
14. Seller shall provide evidence of and maintain a quality control system acceptable to Advantage Machine and the Government.
15. The seller shall have an organization with defined responsibilities and qualifications for personnel engaged in work affecting quality. There shall be a management quality representative with sufficient staff and resources to ensure that the requirements of this procedure are maintained, regardless of other responsibilities.
16. The government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The government shall perform inspections and tests in a manner that will not unduly delay the work. The government assumes no contractual obligation to perform any inspection and test for the benefit of the contractor unless specifically set forth elsewhere in this contract.
17. If the government performs inspection or test on the premises of the contractor or a subcontractor, the contractor shall furnish, and shall require subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the government shall bear the expense of government inspections or tests made at other then the contractor’s or subcontractor’s premises, provided that in case of rejection, the government shall not be liable for any reduction in the value of inspection of test samples.
18. Supplies delivered under this purchase order may be eligible for duty-free entry into the United States. Please contact the Advantage Machine purchasing agent if you need more information.
Supplement 1 – Government Contract Provisions (FAR/DFARS)
1) EQUAL OPPORTUNITY REPORTING :- In accordance with FAR 52.222-26, Equal Opportunity seller is hereby notified of its responsibility to submit Annual Information Reports in accordance with instructions contained in the Employee Information Report EEO-1 Standard Form 100. These forms may be obtained from Joint Reporting Committee, 1800 G Street NW, Washington, DC 20506.
2) AFFIRMATIVE ACTION COMPLIANCE PROGRAM:- The rules and regulations of the Secretary of Labor, which paragraph 6 of the Equal Opportunity clause incorporates, provide, among other things, that each Buyer and Seller shall require each Seller who has 50 more employees and a subcontract of $50,000 or more to develop a written affirmative action compliance program for each of its establishments (41 CFR 60-1.20). The Seller herein is required within 120 days from the commencement of this purchase order to develop and maintain such a program and to require its subcontractors who have 50 or more employees and a subcontract of $50,000 or more to do the same. Such programs shall be developed and maintained in accordance with 41 CFR 60-1.40 and 60.2
3) RELEASE OF INFORMATION:- Seller shall not publish any information developed under this purchase order nor distribute it nor make any news release about the subject matter of this purchase order or the prime contract without prior approval of the US Government agency which issued the prime contract. Seller shall request the approval through the Buyer.
| Rev. No. | Date | Summary of Change | Reviewed By | Approved By |
|---|---|---|---|---|
| C | 3/3/17 | Changed REV number to POL. Replaces QMF43. | Cari Manderscheid | Cari Manderscheid |
| B | 4/19/12 | Changed verbage | Cari Manderscheid Greg Manderscheid Haley Shankle | Cari Manderscheid |
| A | 4/7/10 | New Document | Cari Manderscheid Greg Manderscheid Haley Shankle | Cari Manderscheid |