Company Conditions of purchase

P K Engineering Ltd (“the Buyer”)

1.In these Conditions :-

“Contract” means the agreement for the sale and purchase of the goods or services the subject matter of and in accordance with these Conditions
“Goods” means the goods including any instalment or parts of the goods described in the Order
“Order” means the Buyer’s purchase order on or to which these conditions are printed or annexed
“Price” means the Price of the Goods or Services stated in the Order
“Seller” means the party described as such in the Order
“Services” means such services as are to be supplied by the Seller as set out in the Order
“Specification” means and includes any plans, data, drawings or other description or information detailing the Buyer’s requirements in respect of the Goods or Services

2. The Order is subject to these Conditions which apply to the Contract to the exclusion of any other terms and conditions which the Seller may seek to apply under any terms or conditions of sale or purchase order confirmation or similar document and despatch or delivery of the Goods or commencement of the Services by the Seller shall be conclusive evidence of the Seller’s acceptance of the same

3. Neither the Order nor these Conditions may be varied without the written agreement of a Director of the Buyer

4. The Goods or Services shall be supplied by the Seller in accordance with the quality and description and in the quantity specified in the Order and in these conditions.
The Intellectual property rights in any documentation or data included in any Specification supplied by the Buyer to the Seller shall remain the exclusive property of the Buyer and shall not be divulged to any third party otherwise than may be necessary for the purposes of completion of the Order

5. The Price shall be that stated in the Order and (unless stated otherwise in writing in the Order) shall be: -
i) exclusive of value added tax
ii) inclusive of all duties or other levies (other than VAT) and of all packaging, shipping, carriage, insurance or transportation costs involved in the delivery of the Goods
No increase in the Price shall be made without the prior written consent of a Director of the Buyer however the Buyer shall be entitled to such prompt payment or bulk purchase discount as may be customarily granted by the Seller

6. The Buyer shall unless otherwise stated in the Order pay the Price to the Seller by cheque or Banks Automated Clearing Service (BACS) at the end of the month following the month of delivery of the Goods or completion of the Services subject to receipt from the Seller (on or after such delivery or completion) of a proper invoice quoting the number of the Order.
The Buyer shall be entitled to set off against the Price any sums owing by the Seller to the Buyer

7. The Goods shall be delivered or the Services shall be performed by the Seller during the Buyer’s normal hours of business at the address and on the date or (in the case of Services to be provided) between the dates stated in the Order. In the event that no date or dates are specified at the time the Order is placed the Seller shall give notice of a specified date for delivery (or dates for performance of the Services) within a reasonable time of the Order.
In respect of all such matters: -
i) time shall be of the essence
ii) Goods must be properly addressed and packaged with packaging and delivery notes quoting order reference numbers prominently displayed
iii) Goods delivered by agreed instalments shall be treated as a single contract
iv) the Buyer shall be entitled to reject the Goods if they or any part are delivered otherwise than in accordance with the Contract
v) the Buyer will not be deemed to have accepted the Goods until a reasonable time has elapsed following delivery so as to enable the Buyer to inspect the goods or in the case of a latent defect within a reasonable time of such defect becoming apparent
vi) the Seller shall provide to the Buyer all necessary instructions or other information required to enable the Buyer to safely accept delivery of the Goods or performance of the Services.

8. Risk of damage to or loss of the Goods passes to the Buyer on delivery in accordance with the Contract. Property in the Goods passes on delivery or at the time of payment if prior to delivery.

9. The Seller shall ensure that :-
i) all Goods supplied will be manufactured, stored tested and packed in accordance with all British and EEC standards applicable to them and will be of the best quality and fit for the purposes for which the Buyer intends to use the same.
ii) all Services provided are in accordance with the Specification and comply
with all statutory and other legal requirements and are performed with due
care and attention by appropriately trained and qualified personnel

10.The Seller shall indemnify the Buyer in respect of any loss arising to the Buyer (including legal expenses) as a result of or in connection with the breach of any warranty (express or implied) given by the Seller in relation to either the Goods or the Services including (but not by way of limitation) any loss in respect of: -
i) any claim relating to or an infringement of intellectual property rights
ii) any act or omission of the Seller, its agents or employees in the supply, delivery, installation or performance of the Goods or Services
iii) any liability under the consumer protection or health and safety legislation from time to time in force

11. (1).The Buyer may cancel the Contract at any time prior to delivery of all of the Goods or performance of the Services by giving written notice. On receipt of such notice: -
i) the Seller shall no longer be bound to deliver or perform and the Buyer shall no longer be bound to receive delivery or performance of any further Goods or Services
ii) the Buyer shall not be obliged to pay that part of the Price which relates to the Goods or Services not delivered or performed but shall pay the Price for the Goods or Services less the Seller’s net saving of cost arising from cancellation.
(2).The Buyer may terminate the Contract without notice at any time in the event that the Seller :-
i) makes a voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or being a Company becomes subject to an administration order or goes into liquidation (other than for the purposes of reconstruction or amalgamation)
ii) has a receiver appointed to administer or a creditor take possession of its undertaking or assets
iii) ceases or threatens to discontinue its business
iv) offers or is shown to have offered either directly or indirectly any inducement to the Buyer or its servants agents or employees to secure the Contract

12. The Order is personal to the Seller and the Seller shall not be entitled to assign, subcontract or otherwise transfer the Order without the written consent of a Director of the Buyer

13. Any notice requiring to be given in writing shall given if possible by e-mail or facsimile or otherwise may be sent by first class post to the Registered Office or last known address of the party to whom it is intended. If sent by e-mail or facsimile it shall be deemed to have been given on transmission or if sent by post 48 hours after posting. In proving service by letter it shall be sufficient to show that the envelope was properly addressed, stamped and duly posted.

14. The waiver of any one breach of a condition of these Conditions shall not be deemed a waiver of any subsequent breach

15. These Conditions and the Contract shall be governed by and construed in accordance with the Law of England and shall be subject only to the jurisdiction of the English Courts.

ISO 9001: 2015 / AS9100 Rev D Requirements

The supplier on this order must have a quality and inspection system conforming to one of the above standards.

The supplier shall retain documented information, including retention periods and disposition requirements All quality related documents must be maintained for a period of 10 years unless otherwise specified on individual purchase orders and be available for review within one business day.

Records to be retained, unless otherwise specified include:-

a. Purchase Orders / Contract Review Records
b. Supplier Certification / Test Reports
c. Inspection Reports
d. Calibration Reports
e. Correction / Corrective / Preventive Action
f. Raw Material Verification
g. Sub – supplier evaluation

The supplier shall:

• Use customer-designated or approved external providers, including process sources (e.g., special processes);

• Notify P K Engineering Ltd of any changes to processes, products, or services, including changes of their external providers or location of manufacture, and obtain P K Engineering Ltd approval.

• Allow right of access by P K Engineering Ltd, our customer, and regulatory authorities to the applicable areas of facilities and to applicable information, at any level of the supply chain.

• Flow down to sub-tier suppliers the applicable requirements including P K Engineering Ltd’s customer requirements in the purchasing documents, including key characteristics where required.

• Notify P K Engineering Ltd at the earliest opportunity of nonconforming processes, products, or services and obtain approval for their disposition.

• Prevent the use of counterfeit parts

• Not use-as-is or repair components unless authorised by P K Engineering Ltd Quality Representative.

• Ensure that their employees and sub-tier suppliers are aware of: −

o their contribution to product or service conformity;
o their contribution to product safety;
o the importance of ethical behavior.

Material Verification / Test Specimens

• All material used in the manufacturing of products shall not be released for production until it has been verified as conforming to the specified requirements. The supplier may be asked to provide test specimens for inspection/verification, investigation, or auditing;

• Only the supplier’s nominated authorised person shall authorise product release.

9th February 2018