First Article Production Clause Samples
The First Article Production clause requires the supplier to produce an initial sample or prototype of a product for inspection and approval before commencing full-scale manufacturing. Typically, this clause outlines the standards the first article must meet, the process for submitting it, and the consequences if it fails to conform, such as required corrections or contract termination. Its core function is to ensure that the final products will meet the buyer’s specifications and quality requirements, thereby reducing the risk of defects or nonconformity in the full production run.
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First Article Production. If Sourcefire, in its sole discretion, determines that the prototype of a Product conforms to all Specifications and satisfies all of Sourcefire’s testing requirements, then Premio shall proceed to the first article production of at least twenty (20) units of such Product, unless Sourcefire requests fewer units be produced. Premio shall not undertake the first article production for any Product until Sourcefire has approved the prototype for such Product. During the first article production process for any Product, Sourcefire shall have the right to be present at the Manufacturing Facility where the first article production takes place. Following completion of the first article production of a Product, Sourcefire shall then determine, in its sole discretion, if Premio has successfully achieved first article production for such Product based on the Specifications and all other testing requirements. If Sourcefire approves the first article production for a Product, then Premio shall be permitted to manufacture and ship such Product to Customers upon receipt of an Order from Sourcefire. If Sourcefire does not approve the first article production for a Product due to the failure to conform with the Specifications or testing requirements provided in the SOW, Sourcefire shall provide Premio with the reasons (in reasonable detail) as to why Premio did not successfully achieve the first article production for such Product and also provide any necessary and specific suggestions and guidelines to assist Premio in achieving approval for first article production. Thereafter, Premio shall proceed again with the aforementioned first article production and approval process set forth in this Section 2.3(b) until the first article production for such Product is approved by Sourcefire.
First Article Production. If Sourcefire, in its sole discretion, determines that the prototype of a Product conforms to all Specifications and satisfies all of Sourcefire’s testing requirements, then Patriot shall, at no cost to Sourcefire, proceed to the first article production of one (1) unit of such Product. Sourcefire shall be required to pay for any additional first article production units that it desires to be manufactured. Patriot shall not undertake the first article production for any Product until Sourcefire has approved the prototype for such Product. During the first article production process for any Product, Sourcefire shall have the right to be present at the Manufacturing Facility where the first article production takes place. Following completion of the first article production of a Product, Sourcefire shall then determine, in its sole discretion, if Patriot has successfully achieved first article production for such Product based on the Specifications and all other testing requirements. If Sourcefire approves the first article production for a Product, then Patriot shall be permitted to manufacture and ship such Product to Customers upon receipt of an Order from Sourcefire. If Sourcefire does not approve the first article production for a Product due to the failure to conform with the Specifications or testing requirements, then Sourcefire shall provide Patriot with the reasons (in reasonable detail) as to why Patriot did not successfully achieve the first article production for such Product and also provide any necessary and specific suggestions and guidelines to assist Patriot in achieving approval for first article production. Thereafter, Patriot shall proceed again with the aforementioned first article production and approval process set forth in this Section 2.3(b) until the first article production for such Product is approved by Sourcefire.
First Article Production. If Sourcefire, in its sole discretion, determines that the prototype of a Product conforms to all Specifications and satisfies all of Sourcefire’s testing requirements, then AIC shall proceed to the first article production of one (1) unit of such Product and Sourcefire shall pay for the cost of such unit but not for any other fees or expenses (i.e. no services costs). Upon request by Sourcefire, AIC will provide Sourcefire with photographs of each Product as part of first article production in order for Sourcefire to examine the design, coloring and other aesthetic features of such Product. AIC shall not undertake the first article production for any Product until Sourcefire has approved the prototype for such Product. During the first article production process for any Product, Sourcefire shall have the right to be present at the Manufacturing Facility where the first article production takes place. Following completion of the first article production of a Product, Sourcefire shall then determine, in its sole discretion, if AIC has successfully achieved first article production for such Product based on the Specifications and all other testing requirements. If Sourcefire approves the first article production for a Product, then AIC shall be permitted to manufacture and ship such Product to Integrators and Sourcefire upon receipt of an Order. If Sourcefire does not approve the first article production for a Product due to the failure to conform with the Specifications or testing requirements, then Sourcefire shall provide AIC with the causes (in reasonable detail) as to why AIC did not successfully achieve the first article production for such Product and also provide any necessary and specific suggestions, guidelines and corrective actions to assist AIC in achieving approval for first article production. Thereafter, AIC shall proceed again with the aforementioned first article production and approval process set forth in this Section 2.3(b) until the first article production for such Product is approved by Sourcefire.