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AGREEMENT<br />
for Assuring the Quality of Deliveries<br />
between<br />
the company <strong>Funkwerk</strong> <strong>Dabendorf</strong> <strong>GmbH</strong><br />
Märkische Straße<br />
15806 <strong>Dabendorf</strong><br />
-hereinafter referred to as "Buyer" -<br />
and<br />
the company<br />
....<br />
- hereinafter referred to as "Supplier" -<br />
- the Buyer and the Supplier hereinafter referred to as "Contracting Parties" -<br />
Quality Assurance Agreement 1/5<br />
FwD/ . 15/03/2010
etween (Buyer) <strong>Funkwerk</strong> <strong>Dabendorf</strong> <strong>GmbH</strong><br />
and (Supplier) ...<br />
I. Scope of Application<br />
Quality Assurance Agreement<br />
1. This Agreement applies only in conjunction with the Buyer's Terms and Conditions of Purchase. It applies to<br />
the products which are delivered by the Supplier on the basis of purchase orders which the Supplier receives<br />
from the Buyer and accepts during the term of this Agreement. In the event of discrepancies between the Quality<br />
Assurance Agreement and the Buyer's Terms and Conditions of Purchase, the Buyer's Terms and Conditions of<br />
Purchase shall exclusively apply.<br />
2. The term of this Agreement shall cover the period of the business relationship between the Contracting<br />
Parties. Either Party may only amend or terminate the Agreement by giving 6 months' written notice.<br />
II. Quality Assurance<br />
1. The Supplier shall maintain a quality management system which at least meets the requirements of DIN ISO<br />
9001, as valid at the time, is constantly under further development and is monitored by means of suitable audits.<br />
The products shall be manufactured and tested in accordance with the rules of this quality management system.<br />
The Supplier shall promptly make sure that its quality management system complies with the requirements of<br />
DIN ISO 9001, as valid at the time.<br />
2. The Supplier shall impose upon its subcontractors an obligation to set up, maintain and further develop<br />
comparable quality management systems.<br />
3. The Buyer shall, depending upon requirements, be granted the right to audit the Supplier and its<br />
subcontractors which deliver products for the Buyer. If corrective action is necessary from the Buyer's<br />
viewpoint, the Supplier shall without undue delay draw up an action plan, implement this plan in due time and<br />
give the Buyer a report on this.<br />
4. With regard to series production, process capabilities shall be proven on a long-term. The Supplier must<br />
safeguard its deliveries through suitable testing methods and use all endeavours to optimise the production<br />
process, in order to attain the required process capabilities.<br />
In particular, dimensional accuracy, optics and haptics shall be constantly checked during the production<br />
process.<br />
5. The Supplier make, by dint of suitable measures, sure that the delivery of incoming goods at the Buyers<br />
company are free from any defects.<br />
III. Initial Sample Tests<br />
1. Follow process for sampling is fixed :<br />
- The Supplier deliver samples of new or changed parts/products clear marked as “samples”<br />
- After arrival at the Buyer the goods will be barred for further processing at FwD and will passed down to the<br />
development-department for sampling.<br />
- Is the sampling finished the create the Buyers responsible developer a written “First-Sample-Test-Report”<br />
with the information<br />
- enabled<br />
- enabled with action<br />
- disabled<br />
- The purchasing-department of Buyer is responsible to inform the Supplier about the result, to implementing<br />
consequent actions and require new samples.<br />
Quality Assurance Agreement 2/5<br />
FwD/ . 15/03/2010
- Series-produced parts may only be delivered after initial samples have been approved by the Buyer.<br />
2. An initial sample test report must be enclosed with the delivery of every article ordered for the first time.<br />
Further initial samples and a test report shall be necessary on the following occasions:<br />
- after a change of subcontractor<br />
- after altering the specification<br />
- after a change in production methods or tools<br />
- after a relocation of production sites, involving the use of new or relocated machinery.<br />
3. The Supplier and the Buyer deposit, after initial samples, reference-parts in relevant places.<br />
On request the Supplier can the Buyer ask for providing this reference-parts.<br />
IV. The Supplier's Duties to Prove and Inform<br />
1. If the Supplier detects an increase in discrepancies between the actual quality and the required quality of the<br />
products (quality slumps), the Supplier shall inform the Buyer without delay and describe any remedial action<br />
that is planned.<br />
2. The Supplier shall label or mark the products or, if this is impossible or inappropriate, take other suitable<br />
action in order to ensure that, if a product defect occurs, the Buyer is able to immediately determine which other<br />
products could be affected. The Supplier shall inform the Buyer of its labelling or marking system, and other<br />
actions taken by the Supplier, so as to enable the Buyer to make its own investigations in so far as necessary.<br />
3. The Supplier undertakes to obtain the Buyer's consent prior to<br />
- any change in manufacturing methods / materials<br />
- any change of subcontractor<br />
- any change in testing methods / equipment<br />
- any relocation of production sites<br />
- any relocation of production equipment at the site.<br />
Any and all changes to the product and the process chain shall be documented by the Supplier in a product CV.<br />
V. Transportation and Packaging<br />
1. Transportation to the Buyer shall occur in packaging that prevents damage of any kind to the goods during<br />
transit. Packaging shall be agreed upon with the Buyer.<br />
2. All further provisions governing the transportation and packaging of goods to be delivered (including samples<br />
and substitute deliveries) are laid down in the Buyer's packaging manual. These provisions must be complied<br />
with at all times. Deviations shall be agreed upon with the Buyer beforehand and be recorded in writing.<br />
VI. Incoming Goods, Complaints<br />
1. The Supplier shall enclose with all goods a delivery note, indicating the Supplier's delivery note number, the<br />
Buyer's purchase order number and subject number and the number of units delivered.<br />
2. Upon receipt of the products, the Buyer shall check whether they correspond to the quantity ordered and the<br />
model ordered and whether the products are in apparent good order and condition.<br />
3. If the Buyer discovers damage or a defect during such inspections or at a later date, the Buyer shall without<br />
undue delay notify the Supplier thereof. If requested in the complaint, the Supplier must fill in the Buyer's 8-D<br />
report and return it to the Buyer within 14 working days.<br />
4. Quality defects acknowledged by the Supplier shall form the basis for compensation for expenditure in respect<br />
of every delivery complained about, the sum is 200 USD for each delivery with goods with quality defects or the<br />
basis for a claim for damages incurred by the Buyer on account of default in delivery.<br />
The Supplier is fully liable to pay damages to Buyer.<br />
Quality Assurance Agreement 3/5<br />
FwD/ . 15/03/2010
VII. Warranty<br />
For all from supplier delivered goods is agreed a warranty deed over 2 years from arrival-date at the buyer.<br />
VIII. Environment<br />
The Buyer's objective is to minimise, from an ecological perspective, any adverse effects that its products may<br />
have on people or the environment, taking account of technical and commercial aspects.<br />
In order to achieve this objective, the Supplier shall strive for an efficient environmental management system. A<br />
milestone plan for this shall be handed over to the Buyer. The Supplier shall only deliver to the Buyer products<br />
that meet RoHS Directive 2002/95/EC of 27 January 03.<br />
IX. Quality Assurance Officer<br />
1. The Contracting Parties shall give each other in writing the name of a quality assurance officer who shall coordinate<br />
the implementation of this Agreement and make or bring about decisions in this connection. Any<br />
change of quality assurance officer shall be notified in writing without undue delay.<br />
<strong>Funkwerk</strong> <strong>Dabendorf</strong> <strong>GmbH</strong><br />
........................................................................ ……….. ……………………………………...........<br />
Place, date Norbert Stünkel (Chief Procurement Officer)<br />
...<br />
………………………………………………..........<br />
Hans-Werner Lehmann (Quality-Assurance-Representative)<br />
........................................................................ ……….. ……………………………………...........<br />
Place, date Signature / Position<br />
Quality Assurance Agreement 4/5<br />
FwD/ . 15/03/2010
<strong>Funkwerk</strong> <strong>Dabendorf</strong> <strong>GmbH</strong><br />
Naming of the Quality Assurance Officer<br />
Name Position Telephone number<br />
Lehmann, Hans-Werner Quality-Assurance-Representative t 03377-316368<br />
....<br />
Name Position Telephone number<br />
Quality Assurance Agreement 5/5<br />
FwD/ . 15/03/2010