Condizioni di acquisto
1. DELIVERY TERMS
Delivery shall be carried out in the terms expressly set out in each order. In case of breach of the delivery term, PAMBIA AEROSPACE S.L. hereby reserves itself the following rights at its discretion:
1. Consider the order to be final, applying to the Supplier the penalties in respect of the sum for the material to be delivered, in the same amount that the end-customer could apply to PAMBIA because of the delay produced.
2. Consider the order as cancelled, requiring only PAMBIA´s written notice to the effect.
2. RECEIVING
No materials will be accepted without being accompanied by a delivery note stating number of packages, quantity and reference of the material, and number of the purchasing order to which the delivery corresponds. The required documentation will be indicated in the specific order under Section 9.2 of “Special Requirements”
3. RETURNS AND REJECTIONS
PAMBIA shall assume no liability for materials supplied in excess of those set out in its reference order, even though they may have been accepted in its stores, reserving itself the right to return said amounts at Supplier´s expenses. Likewise, goods rejected by PAMBIA´s Quality Control, shall be returned with the freight of the Supplier, which shall be bound to replace it within 20 days, freight paid, unless instructions on the contrary are received. PAMBIA shall have 30 days, excepting causes of Forces Majeure, for the verification of the material by reception Control, and for the issue of the
acceptance or rejection note.
4. TRANSPORT AND PACKING
Transport insurance and packing of the goods shall be at Supplier´s expense, no charge will be accepted under this title unless expressly so agreed. Should the case be that of a freight shipment, then the forwarder to be used shall be the one designated by PAMBIA and indicated in the purchasing order.
5. INVOICING
Invoices will be issued and sent to PAMBIA to accouting@pambia.com or one copy will be sent to the attention of “Administration Department”, Invoices shall state PAMBIA´s purchase order number, item and number of units being invoiced of each item.
6. PAYMENT TERMS
Unless otherwise stated payment will be made check at 30 days from invoice.
7. WARRANTY/CIVIL RESPONSABILITY
Supplier shall indemnity and hold PAMBIA safe and harmless in respect of any claims which may arise due to a defect supply as well as for breaches of patents, trademarks or utility models and shall, at its own expense, defend any litigation arising therefrom, provided that the products do not fulfil to the characteristics corresponding to the reference provided.
8. ORDER ACKNOWLEDGMENTS
Supplier will send to PAMBIA the order acknowledgement duly signed. Acceptance of this purchase order means the acceptance of this General Purchasing Terms and Conditions in its entirety. PAMBIA accepts no other terms or conditions which are in conflict with those set out in this purchasing orders unless so specified in writing.
9. REQUIREMENTS:
The following GENERAL requirements will be applicable plus one of the below SPECIFIC requirements which will be indicated in the purchase order.
9.1. GENERAL REQUIREMENTS
I. The goods to be delivered will always be brand new except when something different is mentioned in the order and must be known by PAMBIA.
II. When the items to be delivered have usage limitations such as life limited materials, Supplier will provide PAMBIA with the manufacture date and life time limit date as well as information relevant to the applicable specifications’ requirements. New material will have upon arrival at PAMBIA a remaining life time at least 80% as a minimum.
III. The supplier must have a Quality Management System (applicable to the materials supplied) in place, based on the applicable EN/AS 9100 – 9120 specification The supplier must ensure that this requirement is met, otherwise the material supplied may be rejected by PAMBIA.
If the material is not suitable for airworthiness, the applicable specification shall be ISO 9001.
IV. PAMBIA as supplier of elements subject to EN 9120, obliges the Supplier to facilitate access to their facilities and their subcontractors to the inspection as quality control (QC) within the quality management system implemented, be of a nature civilian or military.
V. The supplier will accomplish the REACH regulation CE nº1907/2006 (Register, Evaluation, Authorization and Restriction of chemical substances).
VI. Every deliver to PAMBIA of aeronautical material or standard material subject to be incorporated in an aircraft, unless exception included in the Purchase Order, should include a certification under the standard applicable to this references, with full traceability from the OEM along its distributors.
VII. The supplier must assure that all the documentation related to the product (Certificates of Conformance, Test report, etc.) must be kept as records for, at least, 10 years.
VIII. Supplier must have a system to treat any part suspect to be unapproved. These parts must be segregated immediately and notification to PAMBIA must be sent, in case this part is under investigation of being counterfeited.
IX. In relation to the transactions the subject of this Agreement, neither Seller nor any of its Related Parties has made, offered or authorized or will make, offer or authorize any payment, gift, promise or other advantage, whether directly or through any other person or entity, to or for the use or benefit of any Government Official or any entity or other person where such payment, gift, promise or other advantage would (i) comprise a Facilitation Payment; or (ii) violate the Anti-Bribery and Money-Laundering Laws and Obligations or any other applicable Law.
X. Supplier must assure that all the products delivered accomplish the Safety, Health and product conformity by providing proper packing, information or other measures.
XI. Supplier must inform about any Non-Conformity or change of the Order as well as any major change on its processes, products or services. Additionally, Supplier must inform about any change on the location of its facilities.
XII. Supplier must assure that any employee of the organization as well as any personnel that participate in the realization of their product or service must aware of their contribution to Quality and Safety as well as the importance of a proper ethical behaviour.
XIII. All the clauses included in this General Purchasing Terms should be transferred to any subcontractor of the Supplier.
9.2. SPECIFIC REQUIREMENTS
The material will be delivered according to the requirements of the last revision of the applicable specifications unless specifically indicated in each line.
Supplier will deliver along with the items the following documentation (as indicated in the purchasing order)
1) Cnd.: FN: Copy of MFG. COC (Manufacture Certificate of Conformance) + Test reports
2) Cnd.: NE: Copy of MFG. COC (Manufacture Certificate of Conformance)
3) Cnd.: NS: Only Distributor COC.
IMPORTANT: Full manufacturer traceability is required for material with FN and NE conditions.