East Coast Electronics & Data

ECED1: Quality System per Purchase Agreement

The supplier shall provide and maintain a quality system that will ensure that all products delivered conform to the drawings, specifications and requirements specified by the purchase agreement.

ECED2: ISO 9001

The supplier shall provide and maintain a quality system that meets the requirements of ISO 9001 as currently amended. If not currently certified, a Quality system that complies with industry standards is acceptable.

ECED3: Right of Access

All work and material may be subject to inspection and test by the Company and its customer at any place and time. The Company’s access to processes considered proprietary by the supplier will be by mutual agreement. If applicable, the supplier or sub-tier supplier shall provide the necessary facilities, equipment and assistance for the safety and convenience of the Company’s or its customer’s personnel in the performance of selected inspections.

ECED4: Change Notification

The supplier shall provide advance notification to the Company of any change of the supplier's or sub-tier supplier's name, address, design, tooling, facilities, materials or processes. This includes but is not limited to fabrication, assembly, handling, inspection, acceptance or testing.

ECED5: Traceability

Parts to be delivered shall be identified by serial, lot numbers and date of manufacturer (as specified by the purchase agreement), part number, revision and, if applicable, change number and shall be traceable to the lots of raw materials used.

ECED6: Personnel Training

The supplier shall ensure that personnel whose work has an effect on the quality of the product are trained. Training shall include pertinent subjects relating to manufacturing, inspection, testing, packaging and handling techniques and shall be documented.

ECED7: Record Retention

The supplier shall ensure that it maintains all appropriate Quality documentation that supports form, fit and function requirements for a minimum of 10 years.

ECED8: Certificate of Conformance

The supplier shall supply a company certificate of conformance with each shipment, a manufacturer certificate of conformance and a test report when applicable. If a certificate from the manufacturer is unavailable, ECED must be notified in advance, allowing appropriate customer notification.

ECED9: Notification of Non-Conforming Product

Suppliers are required to notify East Coast Electronics & Data if there is any evidence that non-conforming product has been shipped to East Coast Electronics & Data or any of our customers.

ECED10: Suspect/Counterfeit Parts

Seller represents and warrants that it has procedures in place to ensure that none of the supplies furnished under this Purchase Order are “suspect/counterfeit parts” and certifies, to the best of its knowledge and belief, that no such parts have been or are being furnished to Buyer by Seller. Seller shall establish and maintain a counterfeit prevention program using industry standard SAE AS5553 as a guideline to prevent the delivery of counterfeit parts and control parts identified as counterfeit.

ECED11: Conflict-Free Sourcing

Parts must be CFS compliant and DRC conflict-free.

ECED12: Export Control

A “Foreign” person is not allowed to inspect or review our parts/drawings/specifications (i.e. AS9100 audit and special process audit) without an MLA (Manufacturing License Agreement).

ECED13: DFAR Compliance

All parts must be DFAR compliant where applicable.

ECED14: Personnel Awareness

Ensuring that persons are aware of:

• Their contribution to product or service conformity;
• Their contribution to product safety;
• The importance of ethical behavior.

1. Acceptance and Agreement

This Agreement, including these Terms and Conditions, supersedes all other agreements, oral or written, and all other communications between the parties suggesting additional or different terms. It represents the final and complete understanding of the parties and may be amended or cancelled only by written agreement signed by both parties. This Agreement expressly limits acceptance to these terms. No order shall have any force or effect until acknowledged in writing by Seller. Any proposal for additional or different terms or any attempt by Buyer to vary in any degree any of the terms hereof is hereby deemed material and is objected to and rejected. No terms of any document or form submitted by Buyer shall be effective to alter or add to the terms and conditions in this Agreement. Unless otherwise stated herein, Buyer’s receipt of any portion of the goods (“Goods”) shall constitute acceptance of this Agreement and all of its terms and conditions, unless Buyer immediately returns all such Goods, with a Return Material Authorization.

2. Prices

Seller reserves the right to revise the price for all or part of any unshipped order by giving Buyer written notice of the revision in price not less than thirty (30) days prior to the effective date of the revision. Buyer shall be deemed to have agreed to such revision unless Buyer rejects such price revision by written notice within ten (10) days after receipt of such notice. Buyer’s rejection of such a price revision shall give Seller the option of either canceling that portion of the order to which the price revision is applicable or completing the order at the original price.

3. Terms of Payment

Unless otherwise agreed in writing by Seller, terms of sale are net 30 days.

4. Taxes

Prices do not include any sales, use, excise, privilege, or other taxes or assessments now or hereafter imposed or levied by or under the authority of any federal, state, or local law, rule, or regulation concerning the Goods sold hereunder or the manufacture or sale thereof are the sole responsibility of Buyer.

5. Risk of Loss

All risk of loss or damage to Goods shipped hereunder shall pass to Buyer upon delivery thereof to Buyer, to its designated agent, or to a carrier for delivery to Buyer, whichever occurs first. Unless otherwise stated, all shipments will be made F.O.B. point of manufacture.

6. Delivery

All shipping and delivery dates are estimates based upon prompt receipt of all necessary information. Delays in securing Buyer’s approval of necessary pecifications or samples of products and materials shall, If Seller so chooses, extend the date of delivery. Seller shall not be liable for any claim, loss, expense, or damage of any kind whatsoever for delays in delivery.

7. Limited Warranty

a. Seller warrants that the Goods will conform to the specifications furnished by Seller or, If agreed to in writing by an authorized representative of Seller, specifications furnished by Buyer. Any specifications furnished by Seller must be approved in writing by Buyer before raw materials can be purchased or before Seller can manufacture the Goods.

b. Buyer is responsible for testing the Goods before installation. If Buyer determines that the Goods fail to conform to the applicable specifications, Buyer must notify Seller in writing within a reasonable amount of time to permit Seller to examine and test the goods. Seller may, at Seller’s option, (I) replace the goods, (II) give the Buyer credit on a future order, or (III) refund the purchase price. This represents Buyer’s sole remedy for any breach of warranty.

c. THESE ARE SELLER’S ONLY WARRANTIES. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE HERBY DISCLAIMED BY SELLER AND EXCLUDED.

d. Seller’s liability to Buyer or anyone claiming through or on behalf of Buyer, with respect to any claim or loss arising out of this transaction or alleged to have resulted from an act or omission of Seller, whether negligent or otherwise, and whether in tort, contract, or otherwise, including failure to deliver, delay in delivery, or breach of warranty, shall be limited to an amount equal to the purchase price of the Goods with respect to which such liability is claimed or, where appropriate and at the option of Seller, to replacement of the Goods thereof. In no case will Seller be liable for any bodily injury, death, or property damage resulting from or in any way arising out of the Goods of their sale, use, or manufacture. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL OR COSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING OUT of this transaction.

e. Seller reserves the right, at any time, to make changes in the design or specification of the Goods, or any part thereof, which Seller, in its sole discretion, believes will constitute an improvement in such Goods or parts thereof.

f. Seller is not liable for any alterations of the goods, improper maintenance, abuse of the goods, or Improper Installation.

8. Returns

a. Any Goods to be returned to Seller must have Return Material Authorization number issued by Seller before being returned. Any Goods returned without a proper RMA number will not be accepted and will be returned to Buyer at Buyer’s expense.

b. Any goods returned for Buyer’s convenience must be returned as originally shipped. Damaged Goods cannot be returned. All transportation and other applicable charges for returns at Buyer’s convenience returns shall be responsibility of Buyer. Returns for customer convenience are limited to Goods shipped within 60 Days prior to the return request date and are subject to restocking charges.

c. Non-standard and specialty manufactured Goods will not be considered for return. Goods which are deemed non-conforming by Seller may be returned provided an RMA number is issued.

9. Cancellations

Order cancellations are subject to cancellation charges as deemed applicable by the Seller to cover all costs and expenses incurred prior to the cancellation of said order. Cancellation charges may include, but are not limited to, all costs and expenses incurred in producing the Goods (both completed and in process) and the cost of all items and special material purchased for such order. Cancellation charges may be the total cost of manufacturing the Goods.

10. Force Majeure

Seller shall not be liable for any delay in or failure of performance hereunder due to any contingency beyond its reasonable control, including without limitation: an act of God; war; civil commotion; sabotage; labor dispute; explosion; fire; accident; power or equipment failure; inability to obtain suitable or sufficient labor, fuel, power, or material; delay of carrier; embargo; or any law, ordinance, rule, or regulation, whether valid or invalid.

11. Quantity Variance

All orders will be shipped +/- 10% unless previously agreed to be Seller in writing.

12. Choice of Law Provisions

The terms and provisions of this agreement shall be construed in accordance with the laws of the State of PA without regard for any rules on conflicts on laws.