Terms and Conditions–Customers
PCX, Inc. LIMITED WARRANTY
PCX, Inc. guarantees all parts shipped to meet original equipment manufacturer’s specifications for fit, form and function. PCX, Inc.'s liability arising out of any sale of products to Customer is expressly limited to refund of the purchase price paid by Customer for such products (without interest), or repair and/or replacement of such products, at PCX, Inc.'s election, and such remedies shall be exclusive and in lieu of all others.
Customer must notify PCX, Inc. within 30 days from date of shipment of any defective product. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Customer's obligations and PCX Inc.’s remedies, with respect to defective or nonconforming products, are solely and exclusively as stated herein. Further, no warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered or altered in any way.
Products are intended for commercial use only. PCX, Inc. does not determine the specifications of the products that it sells. Specification sheets provided to customers are produced by the manufacturer or transcribed from information provided by the manufacturer. PCX, Inc. does not participate in any product safety engineering, product safety review or product safety testing. PCX, Inc. cannot provide any safety testing, safety evaluation or safety engineering services.
CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD PCX, INC. AND THE MANUFACTURER OF THE PRODUCTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE OR SALE. If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and PCX, Inc. shall have no responsibility or liability for the content or use of such statements or advice.
Terms and Conditions–External Providers
Standard Quality System Requirement Applicable to this Purchase Order ( PO ). In addition to the standard requirements outlined on each PO, these additional terms and conditions could apply.
Qualification of Personnel (Quality Requirement): The supplier is responsible for maintaining all special process certifications (i.e. Non-Destructive Inspection (NDI), Solder, ESD, etc.). Work performed to provided product shall be performed by personnel possessing qualifications or certifications to perform the work.
Notification of Nonconformities (Quality Requirement): PCX Supplier agrees to notify the PCX buyer of any nonconforming product or issues that require disposition or a nonconformity resulting in a departure from contract requirements. The supplier shall request the PCX Director of Quality to disposition any supplier nonconformities. This applies to all deliveries for this order, and if found after delivery, the PCX supplier agrees to notify the PCX buyer of any nonconformities. Sources of such defect date may include seller's own determination, data received from the manufacturer, GIDEP Alerts and reports from other buyers of the same product.
Prevention of Counterfeit Parts (Quality Requirement): Seller shall only supply products to PCX buyer directly from the Original Component Manufacturer (OCM) / Original Equipment Manufacturer (OEM) or through an OCM/OEM authorized distributor chain if available. Seller may use another source only if:
(i) The foregoing sources are unavailable
(ii) Seller's inspection and other risk mitigation processes will be utilized to ensure the authenticity of the product
(iii) The supplies meet applicable IDEA STD 1010 and/or AS553 adopted counterfeit prevention industry standards and processes (including tests) and
(iv) Seller obtains the advance written approval of the PCX buyer. Approval to use another source other than defined above requires the submittal of a comprehensive risk mitigation test and inspection plan to the PCX buyer procurement representative.
The PCX supplier’s risk mitigation plan shall define appropriate tests and inspections, as well as acceptance criteria, to validate Products authenticity. Test results should be available for review and given buyer approval prior to shipping if requested. PCX supplier shall develop and implement a counterfeit product control plan using either IDEA STD 1010 and/or AS5553 for electronic parts. For all other materials, use AS6174 as guidance. The plan shall be available for the PCX buyer’s review upon request. The PCX supplier’s counterfeit avoidance and detection systems are subject to PCX and/or PCX customer audit and approval. PCX supplier shall implement systems that assure traceability that enables tracking of products from the original manufacturer to product acceptance by the PCX buyer if required. This requirement applies to all work delivered to PCX either directly or indirectly as components are included in assemblies. The supplier shall have processes that enables tracking of electronic parts from the original component manufacturer, original equipment manufacturer or through an OCM/OEM authorized suppliers, if applicable. This entire note, or requirements that meet the intent of this note, shall be flowed down to all sub-tier suppliers under this contract and seller shall provide evidence of compliance to this note upon request.
Supplier Process Change Control (Quality Requirement): The supplier agrees to obtain buyer's approval prior to
1.) Changes of suppliers or product other than what was originally quoted.
2.) Changes in the delivery dates.
3.) Other changes to the original purchase order issued per vendor quote.
A notice of change shall be documented, and included with any requested change. This request shall be submitted in writing prior to proposed change implementation. The change will not be implemented unless approved by the buyer in writing.
Flow down of Requirements (Quality Requirement): When work related to this purchase order is outsourced to a sub-tier supplier, the PCX supplier agrees to flow down the appropriate requirements to the sub-tier. The appropriate requirements include, but are not limited to, customer requirements, critical items, special requirements, key characteristics, control of special processes, record retention, and a flow down of the quality system requirements. Outsourced work to sub-tier suppliers performing special processes (i.e. Non Destructive Inspection (NDI), Solderability, ESD, Heat Treat, etc) must be approved by the PCX buyer in writing prior to outsourcing.
Record Retention (Quality Requirement): PCX Supplier agrees to retain all records associated with this purchase order for minimum of (4) years unless otherwise stated by contract statement of work or PO. All records must be maintained and made available in a timely manner to the PCX buyer's, PCX customers, and/or regulatory authorities upon request.
Right of Access (Quality Requirement): The PCX supplier shall grant right of access to the buyer, their customers, and regulatory authorities to all applicable areas of PCX supplier’s and PCX supplier’s subcontractors' facilities where work under this agreement is being performed and all applicable product records.
Note: PCX does not do onsite verification or validation activities at vendor facilities unless specified and noted on the purchase order.
Packaging (Quality Requirement): All material shall be properly packaged to ensure that damage does not occur during transit utilizing, ASTM D3951 "Standard Practices for Commercial Packaging" industry practice based on commodity being shipped when specific packaging instructions are not identified.
Product Safety / Ethics (Quality Requirement): PCX supplier shall establish a communication method that ensures all personnel are aware of their contribution to product safety and product or service conformity. This method shall establish a communication that is appropriate to the organization and this communication will occur annually at a minimum. Seller shall maintain records of this communication.
Vendor Performance & Communications (Quality Requirement): PCX monitors vendor performance thru vendor surveys, OTD and RTV metrics. This information is recorded in the system and constantly monitored by management. A vCAR will be issued for any 2 instances in a given quarter for quality or other issues, such as consistent late delivery.