Moxness Supplier Documents
Moxness - Precision Silicone Rubber Products.
Below is the Moxness "Business Purchase Order Supplement" and the "Moxness Terms & Conditions of Sale".
Click HERE for a Word document of the "Business Purchase Order Supplement".
Click HERE for a Word document of the "Moxness Terms & Conditions of Sale".
BUSINESS PURCHASE ORDER SUPLEMENT - REV. 2018-06-18
The following clauses are supplemental requirements to any purchase order. The "General" section below and the clauses and/or sub-clauses specified on a particular PO are applicable to that PO, a requirement of that PO and considered part of the purchase order. If there are any sections/clauses that a supplier cannot comply with, it is the supplier's responsibility to notify Moxness prior to any procurement activities. Please contact your Moxness buyer with questions.
All direct and sub tier suppliers are required to take necessary actions to prevent the occurrence of Foreign Object Damage/Debris (FOD). FOD is a substance, debris or article alien to the vehicle or system which would potentially cause damage. FOD is any damage attributed to a foreign object that can be expressed in physical or economic terms that may or may not degrade the product's required quality, safety and/or performance characteristics. Typically, FOD is an aviation term used to describe debris on or around aircrafts, vehicles, missiles, naval vessels, systems or damage done to such. The supplier shall ensure that articles are not damaged or otherwise contaminated during manufacture, storage, packaging and shipment.
PLEASE NOTE: The Moxness purchase order / contract takes precedence. If there are any discrepancies or questions, please contact your buyer prior to any procurement activities.
1) In addition to the General section above, the supplier is required to maintain all raw material certifications including, physical and chemical test reports of the materials for each heat/batch/lot numbers used on the build of the contracted product, or a statement that the materials were those furnished by Moxness, Original mill Certification of Analysis stating country of origin must be readily available, retrievable and delivered to Moxness upon request at no additional charges. Any material test reports or C-of-C's must be certified by the manufacturer (i.e., raw material certs from the mill, foundry.....etc.). Transcribed Certificates of Compliance/Conformance are not allowed unless specifically authorized by Moxness.
2) SOURCE INSPECTION / ON-SITE AUDITS
Moxness may perform an on-site audit to verify supplier's quality system and the ability to comply with program and contract requirements. Note: Moxness may also require regular, on-site audit, intervals to verify the supplier's quality system and the ability to comply with program and contract requirements.
3) GOVERNMENT OR MOXNESS CUSTOMER SOURCE INSPECTION
Right of Access: Moxness, the U.S. Government, and Moxness customers have the right to inspect any or all of the work included in this order at the supplier's plant and the sub tier supplier's plant. Moxness and its customers has the right of access to the facility, sub tier's facility, all records and documents and may review/audit any facility and system contracted on this PO to establish conformance to applicable program requirements.
4) SHIPMENT OF DISCREPANT MATERIAL
The supplier shall not ship any material or parts, which do not conform to all drawings, specifications and purchase order requirements, to Moxness or their designated receiver without prior approval from Moxness Quality & Engineering personnel. Moxness will not approve any request unless acceptable corrective action to preclude future discrepancies accompanies request. Request must show purchase order number, part number, number/pounds of discrepant parts/material.
The supplier is required to notify Moxness Buyer within 2 business days in writing (i.e., letter or email) after it has been confirmed that non-conforming product has been delivered to Moxness.
5) SPECIAL PROCESSES
All special processes performed by direct Moxness suppliers and all levels of supply chain sub tier suppliers on this order requires that the supplier be NADCAP accredited for the specific process. Qualified suppliers can be ascertained through the NADCAP website (www.pri-network.org>eauditnet.com>OnLine QML). All x-ray film, inspection data, test results, heat treat charts must be shipped with parts unless otherwise instructed by Moxness. The name of the applicable special process supplier, specification, revision level, and the NADCAP certification number or stamp must be listed on the certificate of compliance supplied to Moxness.
6) PACKAGING AND SHIPMENT
This order requires levels and methods of packing and preservation that will assure safe arrival at destination, in accordance with good commercial practice unless special packaging and shipping instructions are defined in purchase order. Damaged articles received at Moxness will be rejected as suppliers’ responsibility.
7) FINAL ACCEPTANCE
All supplies ordered may be subject to inspection or audit by Moxness or Moxness customers:
-During the period of manufacture at Seller’s facility (and/or sub tier's facility
-Prior to shipment at Seller's facility
-And shall be subject to final inspection and acceptance at destination after receipt thereof, notwithstanding any prior payment or inspection and acceptance.
Without limitation Moxness may determine acceptance or rejection of the supplies by using a Moxness approved sampling procedure. Moxness may reject and hold at Seller's expense, subject to Seller's disposal, all supplies not conforming to applicable specifications, drawings, samples or descriptions.
Without limiting any other rights it may have, Moxness at its option may require the Seller:
-To repair or replace at Seller's expense, any item of supplies ordered which fails to meet the requirements of the contract, applicable specifications, drawings, samples, or descriptions, or a refund of the price of any item(s)
8) SUPPLIER QUALITY MANAGEMENT SYSTEM
This order requires the supplier and any sub tier supplier's to provide and maintain a Moxness approved Quality Management System (QMS).
The supplier is required to control material traceable to each part or lot manufactured, identified by a serial number. Moxness may assign the serial number in accordance with purchase order requirements. Objective evidence of inspection is required subject to Moxness review and approval. Moxness traceability requirements are specified on Moxness drawings, Purchase Order or contract.
In the case where material and/or parts are delivered to Moxness that contain a more than one lot number / date codes / heat number, etc., each lot shall be segregated and the total shipped quantities of each lot shall clearly be identified on the C-of-C.
10) MERCURY OR MERCURY COMPOUNDS
Mercury or Mercury Compound containing instruments or equipment (such as thermometers, manometers, and vacuum pumps) shall not be used for any service in connection with fluid systems or components during fabrication, assembly, packaging, installation, examination, testing or repair. It is not the intent of this standard to prevent the use of fluorescent lighting fixtures.
11) RECORD RETENTION
Quality records (as defined below) shall be retained for a minimum period as identified by sub-clause below or as otherwise specified by O, drawing or contract after the date of final payment.
At the end of the retention period, or any change in the status of the company which could lead to premature disposal of records, the Seller shall advise Moxness prior to any disposal for Moxness disposition of records.
Minimum specified Record Retention Period:
- 20 years
Quality Records include:
-Moxness purchase order plus any specific communication relating to the order (e.g., emails)
-Moxness drawing to the specified revision at the time of the order.
-The seller's certificate of conformance as well as inspection details report, charts, audit records, raw material certifications....etc.
-The seller's purchase order(s) to sub tiers along with sub tier's C-of-C including raw material certifications and test reports and any sub tier's inspection records.
-All process documentation and any reject / rework operations (e.g. job travelers, production routings, defect documentation with disposition and repair documentation, all inspection operations....etc.)
12) SUBTIER FLOWDOWN REQUIRMENTS AND PACKAGING
The supplier shall be held responsible and accountable for all purchase order requirements. When additional processing is required at outside sub tier suppliers, all applicable technical and Quality requirements derived from the drawing, purchase order and cited procedures, specifications or standards therein shall be flowed down to the sub tier in the supplier's purchase order. Evidence of system for flow down requirements shall be maintained and is subject to Moxness review.
Suppliers that are providing the machining services and finishing requirements per drawing must assure that all products are properly packaged to prevent damage in transit to the finishing houses. The supplier shall also pass down the packaging concerns to the finisher to preclude damage to the finished product.
13) PREFERENCE FOR DOMESTIC SPECIALTY METALS
Preference for Domestic Specialty Metals applies for this order in accordance with Defense Federal Acquisition Regulation Supplement (DFAR) 252.225.7008 through 252.225-7010. Please refer to these clauses for requirements.
If the contracted supplier is supply direct raw material to Moxness, the supplier shall follow DFAR 252.225.7008 for any specialty metal delivered under this order. The specialty metal shall be melted and produced in the United States or its possessions (outlying areas).
If the contracted supplier is supplying specialty metals incorporated in articles delivered to Moxness under this order, the supplier shall follow DFAR 252-225-7009, the specialty metals shall be melted and manufactured in the United States: its possessions, or a qualifying country. "Qualifying country" means any country set forth in subsection 252.872-1 of the Defense Federal Acquisition Regulation Supplement. Contact Moxness Buyer if more information is required.
Raw Material Traceability applies:
When this clause in invoked on a particular purchase order, the supplier is required to identify, maintain and show traceability to the raw material heat/lot numbers for each heat/lot number used on the purchase order for the supplied materials/parts.
These requirements shall be flowed down to all sub tiers, raw material sources. Prior approval is required if specialty metals does not meet the requirements of this clause, or are planned for use in articles delivered under the contract (PO) to Moxness Aerospace, See Clause 4.
The supplier is requested to state that the raw material conforms to the applicable DFAR clause on their C-of-C. The supplier may also be required to submit raw material certifications containing country of origin (melt and manufacture) with each shipment and for each unique heat/lot used on a specific order as directed by the purchase order, contract or Moxness correspondence. The raw material heat/lot shall be traceable to the source of the melt and manufacture as required by the DFAR clause. At a minimum, the supplier is required to maintain the raw material C-of-C, chemical and physical analysis, and provide it to Moxness as required for the specified retention period. Transcribed Certs are not allowed.
14) PURE TIN PROHIBITION
The use of pure tin (>95% tine content), or as specified by drawing, specification or contract, is prohibited as a material of construction, plating or finish. Any tin used must be alloyed with other metals (such as lead) to reduce the propensity for tin whisker growth. Any surface intended for electrical connection shall be compatible with tin-lead alloy solders. Bismuth is prohibited from use as an alloy constituent.
THIS ORDER IS SUBJECT TO U.S. ITAR EXPORT CONTROLS:
This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, USC, Sec 2751, et seq) or the Export Administration Act of 1979, as amended (Title 50, USC, App. 2401 et seq). It may not be shared with Foreign Persons unless under prior written approval of the US Department of State or Commerce. Violations of the export laws are subject to severe criminal penalties. Government right of access applies.
If the direct supplier intends to send any information pertaining to this purchase order to any level of supply chain (including technical information), sub tier supplier, a non-US company or parent or subsidiary division which is located outside of the ?US, the supplier is responsible for and needs to ensure the following:
The supplier's sub tier supplier, subsidiary or parent company must also comply with the ITAR requirements as stated above.
Fax is not permitted to a company outside of the US.
Email to a non-US company is permitted provided that the receiving company has a DSP-5 license or that a Technical Assistance Agreement (TAA) is in effect; and the email must be encrypted and password protected.
16) AEROSPACE APPLICATIONS:
All materials on this order are for use in commercial or military aerospace or human space flight. Materials, manufacturing, and workmanship of highest quality standards are essential to human safety. If you are unable to supply the desired item, or if you are able to supply the desired item with a higher quality than that of the items proposed, you are requested to bring this fact to the immediate attention of the purchaser.
17) PRIORTY RATING
The Supplier shall follow all the provisions of the Defense Priorities and Allocations Systems (DPAS) regulation (15 CFR 700) for this rated order that is certified for national defense use.
See the Purchase Order for the appropriate priority rating (e.g., DO-A1, DX-A1, DO-A4).
CHEMICAL OR HAZARDUS MATERIALS
As required by the Occupational Safety and Health Administration (OSHA), the chemical supplier is to send Moxness a Safety Data Sheet (SDS) for each initial chemical supplied under this purchase order, and any subsequent chemical supplied hereunder, wherein the chemical supplier has made corrections, deletions, or alterations of any kind to the SDS. The SDS sheet is to be supplied with material shipment.
MOXNESS TERMS & CONDITIONS OF SALE
1. ACCEPTANCE: ACCEPTANCE BY BUYER OF SELLERS PROPOSAL IS EXPRESSLY LIMITED TO ASSENT TO THE TERMS STATED ON THIS AND THE OTHER SIDE HERE OF BY EXECUTING AND RETURNING TO SELLER THE ACKNOWLEDGEMENT COPY OF SELLER's OFFER OF CONTRACT. Prior to acceptance by Buyer, Seller may withdraw or modify this Offer of Contract.
2. THE AGREEMENT: The agreement between Seller and Buyer (the contract) with respect to any sales of goods described on the other side hereof (good) shall consist only of the terms appearing hereon and on the other side hereof together with any additions or revisions of such terms mutually agreed to in writing by Seller or Buyer. Seller objects to, and shall not be bound by, any additional or different terms, whether printed or otherwise, in Buyer's purchase order(s) or in any other communication from Buyer to Seller unless specifically agreed to by Seller in writing. The contract shall be for the benefit of Seller and Buyer and not for the benefit of any other person. Prior courses of dealing, trade usage and verbal agreements not reduced to a writing signed by Seller, to the extent they differ from, modify, add to or detract from the contract, shall not be binding on Seller. There are no agreements, promises, understandings, either verbal or written that are not fully expressed herein. No statements, recommendations, or assistance by either party have been relied upon by either party or shall constitute a waiver by either party of any of the provisions hereof.
3. TERMS OF NOTIFICATION: The contract may be modified or terminated only upon Seller's written consent. If all or part of the sales contract is terminated, buyer, in the absence of contrary written agreement with Seller, shall pay termination charges based upon expenses and costs incurred in the production of the goods to the date such termination is accepted by Seller plus a reasonable profit, except that any goods completed on or prior to Seller's acceptance of such termination shall be accepted and paid for in full by Buyer.
4. CHANGES IN PRICE: Unless otherwise set forth in the contract, prices are subject to change for parts released by Seller for shipments after the firm date identified on the other side hereof. Seller may change the price to account for changes in Seller's costs plus a reasonable return, as determined by Seller in good faith.
5. TERMS OF PAYMENT: Payment terms for all parts supplied by Moxness (Seller) are net 30 days from date of shipment unless otherwise provided in the purchase agreement or quotation. Prices are F.O.B. Seller's shipping point unless otherwise provided in the purchase agreement or quotation. One half of tooling charge shall be paid upon order. The remaining tooling charge is due thirty days after first article approval or, if approval is delayed beyond thirty days, the remaining payment shall be due 60 days from Buyer's receipt of the first article. Seller may perform periodic credit reviews of Buyer and may, in its sole discretion, amend these Terms of Payment for future orders. Buyer hereby grants to Seller a security interest in all tools, molds, and dies and other property of Buyer which come into the possession of Seller, as security for all sums owing from Buyer to Seller from time to time.
6. TAXES: Sales, use, occupation, excise and other taxes upon the production, sale or use of goods are not included in the price and such taxes or any costs in connection therewith, wherever levied and whether imposed before or after payment of invoice shall be paid by Buyer.
7. DELIVERY: Promises of delivery from stock are subject to prior sale. Delivery dates are not guaranteed but are estimated on the basis of immediate receipt by Seller of all information to be furnished by Buyer and the absence of delays, direct or indirect, resulting from us or contributed to by circumstance beyond Seller's reasonable control. Seller shall in good faith endeavor to meet estimated delivery dates. Seller may ship overages or underages to the extent of 10% of quantity ordered. Seller shall not be responsible for claims for error in quantity, weight or number not made within 10 days after Buyer's receipt of goods. Under no circumstances shall Seller be liable for any damages or losses arising out of or resulting from any delay of any kind whatsoever, unless there is specific written agreement between the Seller and the Buyer to the contrary.
8. RISK OF LOSS: Buyer assumes all risk of loss of such goods upon delivery by Seller to carrier.
9. LIMITED WARRANTIES: Seller warrants that the goods to be delivered hereunder will be of the kind designated on the other side hereof and free from defects of material and workmanship. SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE AS TO MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE IN PARTICULAR, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING EXCLUSION IF THE GOODS ARE MADE ACCORDING TO BUYERS SPECIFICATIONS, SELER DOES NOT WARRANT THE ADEQUACY OF SUCH SPECIFICATIONS OR THAT THE GOODS WILL PERFORM IN ACCORDANCE WITH SUCH SPECIFICATIONS. Seller's sole obligation under the foregoing warranties will be limited to either, at the Seller's option, replacing or repairing defective goods or refunding the purchase price for such goods therefore paid by Buyer, and Buyer's exclusive remedy for breach of any such warranties will be enforcement of such obligation of Seller. These warranties will not extend to goods subjected to misuses, neglect, accident, improper storage or improper installation or maintenance or which have been altered or repaired by anyone other than Seller or its authorized representative. Seller shall not be liable on any claim for defective goods which is not made within 30 days after such goods have been received by Buyer.
10. REMEDIES AND LIMITATIONS OF LIABILITY: In the event Buyer claims Seller has breached any of its obligations under the contract, whether of warranty or otherwise, Seller may request return of the goods and tender to Buyer the purchase price therefore paid by Buyer, and, in such event, Seller shall have no further obligation under the contract except to refund such purchase price upon redelivery of the goods. No goods may be returned without Seller's written request. If Seller requests the return of the goods, the goods will be redelivered to Seller at Seller's expense by the lowest cost mode of transportation unless otherwise authorized in writing by Seller. In the event Buyer claims Seller has breached any of its obligations under the contract, whether of warranty or otherwise, and Seller has not delivered any goods to Buyer, Seller may tender to Buyer the purchase Price therefore paid by Buyer, and, in such event, Seller shall have no further obligation under the contract except to refund such purchase price therefore paid by Buyer. The remedies contained in this and the preceding paragraph shall constitute the sole recourse of Buyer against Seller for breach of any Seller's obligations under the contract whether warranty or otherwise. In no event shall Seller be liable for indirect or consequential damages nor shall Seller's liability on any claim for damages arising out of or connected with the contract or the manufacture, sale, delivery or use or the goods exceed the purchase price of the goods therefore paid by the Buyer to Seller. Seller shall not be liable for failure to perform its obligations under the contract resulting directly or indirectly from circumstances beyond Seller's reasonable control.
11. PATENTS: Seller shall hold Buyer harmless against any rightful claim of any third person by way of infringement of any United States Letters Patent by such of the goods as are of Seller's own manufacture, but, if Buyer furnishes specifications to Seller, Buyer shall hold Seller Harmless against any such claims which arise out of compliance with the specifications. Seller's agreement to hold Buyer harmless shall not apply to any infringement consisting of the use of goods manufactured by Seller as a part of any combination with goods manufactured by others. In the event that any goods manufactured by Seller are in any suit held to constitute infringement and their use is enjoined, Seller, if unable within a reasonable time to secure for Buyer the right to continue using such goods, either by suspension of the injunction, by securing for Buyer a license or otherwise, shall, at its own expense, either replace such goods with non-infringing goods or modify such goods so that they become noninfringing, or accept the return of the enjoined goods and refund the purchase price theretofore paid thereof. Except as in this paragraph provide, Seller makes no warranty that the goods will be delivered free of the rightful claim of nay third person by way of infringement or the like.
12. TOOLING: Buyer's tools, molds and dies (tooling) in the possession of Seller are at the risk of Buyer, and Seller does not undertake to insure such property. Seller may dispose of any tooling at any time after one year of completion of the most recent production order requiring the use of such tooling, and Seller shall not be liable for the continued retention or availability of any such tooling after the expiration of such period. If Buyer requests Seller to deliver tooling to Buyer, Buyer will pay Seller an engineering charge of 40% if the cost of such tooling except that if, in the judgment of Seller, such tooling includes Seller's proprietary ideas or devices, Seller may refund to Buyer any price of the tooling paid by Buyer rather than surrender the same.
13. INSERTS: Prices are based on Buyer supplying all inserts unless otherwise stated in the contract. Practical production loss of inserts may be redetermined after first production run. If requested, scrap inserts will be returned or salvaged at Buyer's expense.
14. GOVERNING LAW: The formation and performance of the contract shall be governed by the Uniform Commercial Code as adopted in the State of Indiana. Any action for breach of the contract, including any breach of warranty, must be commenced within one year after the cause of action has accrued.
15. CHANGES: Changes in the work to be performed hereunder may be made only if Buyer submits written instructions for such changes and if Seller accepts those changes in writing. If any such approved changes in drawings, materials, quantities, dates of performance or design of the parts, units, tooling or fixtures, in Seller's sole judgment, increase Seller's costs, Seller may condition approval of any such change on agreement by Buyer to a price.