TERMS AND CONDITIONS;
(Pursuant to requirements of AS9100)
ACCEPTANCE
This Order constitutes Golden State Engineering, Inc.’s (GSE’s) offer to Supplier, which becomes a binding contract under these terms and conditions when it is accepted by the Supplier, either by acknowledgment or the commencement of performance. No condition stated by Supplier in accepting or acknowledging this Order will be binding upon GSE if in conflict with, inconsistent with, or in addition to these terms and conditions unless specifically accepted by GSE in writing. This Order is expressly limited to the terms and conditions contained herein.
NOTIFICATION
Supplier will promptly notify GSE of any discrepancy or nonconformance in materials, services or products immediately upon discovery of the discrepancy or nonconformance whether before during or after actual delivery to GSE of the materials, services or products.
ACCESS TO FACILITIES, AUDIT AND INSPECTION: If this purchase order (a) includes specifications, or (b) is for the procurement of either (i) goods to be incorporated into Buyer’s products or (ii) services to be used in the production of Buyer’s products, then Seller’s (and Seller’s subtier suppliers who provide goods or services) plant, books and records pertinent to this or any related order (to the extent consistent with applicable laws and regulations) shall at all practical times be subject to review, inspection and audit by Buyer, its authorized representative and any authorized representative of Buyer's customer to the extent necessary to verify compliance with Buyer’s specifications or to enable Buyer to comply with its obligations to its customer(s).
SUPPLIER CHANGES IN PRODUCT, MANUFACTURING LOCATION, OR PROCESS DEFINITION
Golden State Engineering, Inc. (GSE) must be promptly notified of changes in product, manufacturing location, or process definition that were not requested by GSE. Notification should describe the change or changes that have been made or are being proposed. GSE reserves the right to require its approval of the product, manufacturing location or the process change before the Supplier forwards the product.
SUBCONTRACTING
Supplier agrees to obtain GSE’s written approval before subcontracting this Order or any substantial portion of this Order. However, this requirement will not apply to the purchase of standard commercial supplies or raw materials on which Supplier will perform further work.
MODIFICATIONS
No modification of any part of this Order, including these terms and conditions, will be valid unless it is issued in writing and signed by an authorized representative of GSE’s Purchasing Department.
ACCEPTANCE AND REJECTION
(a) Golden State Engineering, Inc. (GSE) will have the right to accept delivered items or give Supplier notice of rejection or revocation of acceptance, regardless of any prior payment, test, inspection, or passage of title. No inspection, test, delay, or failure to inspect, test or discover any defect or other nonconformance will relieve Supplier of any obligations under this Order or impair any rights or remedies of GSE.
(b) If Supplier delivers non-conforming items, GSE may, at its option and at Supplier's expense: (i) return the items for credit or refund; (ii) require Supplier to promptly correct or replace the items; (iii) correct the items; or (iv) obtain replacement items from another source.
(c) Supplier will not redeliver corrected or rejected items without disclosing the former rejection or requirement for correction. Supplier will disclose any corrective action taken. Repair, replacement and other correction and redelivery will be completed within the original delivery schedule or such later time as GSE's authorized Purchasing Department Representative may reasonably direct.
(d) All costs, expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Supplier by equitable price reduction or credit against any amounts that may be owed to Supplier under this Order or otherwise.