Common use of Quality and documentation Clause in Contracts

Quality and documentation. 9.1 To ensure faultless and consistent quality of the products, Supplier shall set up a quality management system in accordance with the relevant Technical Specifications ISO/TS 16949 (including their related amendments, supplements and replacements from time to time) and in accordance with any requirements in the Purchase Contract or in General terms & conditions or in Special Terms of Buyer relating to the setup of a quality management system. The procedure for permanently disposing of Supplies failing to pass the quality in section at Supplier’s site shall be separately determined by Buyer and notified to Supplier who shall strictly comply with such procedures. In any case, Supplies having failed the quality inspection must not enter any commercial or non-commercial channels without prior consent of Buyer in Written Form. 9.2 Any serial supply by Supplier to Buyer shall require the prior release of the manufacturing process and the Supplies in Written Form. A release shall also be required if the Supplies are delivered under a new parts identification number of in the case of a process modification. Buyer shall issue a release only if the requirements of the ISO TS 16949 as well as of any additionally agreed requirements in the Purchase Contract and/or in Special Terms of Buyer relating to the release of the manufacturing process and the Supplies are met. 9.3 In case of a conflict between the Purchase Contract and/or General terms & Conditions and/or Buyer’s Special Terms and ISO TS 16949 the Purchase Contract and/or the Special Terms shall prevail. 9.4 Supplier and its Supplies shall comply with the acknowledged state of the art, the safety regulations and the agreed technical data and documentation requirements including all national standards required by applicable law. Supplier shall be responsible at all times to control and assure the quality of the Supplies delivered. The Parties shall inform each other of any possibilities to improve the quality of the Supplies. 9.5 All suppliers of production materials are obliged to implement a certified environmental management system according to ISO 14001, EMAS or comparable standards no later than two years after conclusion of the purchasing contract. This above mentioned certified environmental system has to be operated during the entire term of the business relationship. Supplier is obliged to provide a corresponding certificate. In due time before the expiry of the duration of validity, a new certificate has to be provided. Following clauses shall survive any termination of the Purchase Contract. 9.6 Supplier agrees to maintain quality records for all Supplies indicating when, how and by whom any checks have been carried out in order to ensure the defect-free manufacture of the Supplies. These records must be kept 15 (fifteen) years following the end of supply and be presented to Buyer upon request. Supplier is entitled to reduce the holding period for documentation if Supplier is able to exclude the possibility of risk to life and health in the use of its products. Supplier is required to impose on any sub-suppliers the same obligations. 9.7 In the event any authorities responsible for vehicle safety, emissions standards and the like demand inspection of the manufacturing process and disclosure of the test records of Buyer to scrutinize certain requirements, Supplier shall, upon Buyer’s request, concede to such authorities the rights they have against Buyer and provide them with any reasonable support.

Quality and documentation. 9.1 To ensure faultless and consistent quality of the products, Supplier shall set up a quality management system in accordance with the relevant Technical Specifications ISO/TS ISO 9001/ IATF 16949 (including their related amendments, supplements and replacements from time to time) and in accordance with any requirements in the Purchase Contract or in General terms & conditions or in Special Terms of Buyer relating to the setup of a quality management system. The procedure for permanently disposing of Supplies failing to pass the quality in section at Supplier’s site shall be separately determined by Buyer and notified to Supplier who shall strictly comply with such procedures. In any case, Supplies having failed the quality inspection must not enter any commercial or non-commercial channels without prior consent of Buyer in Written Form. 9.2 Any serial supply by Supplier to Buyer shall require the prior release of the manufacturing process and the Supplies in Written Form. A release shall also be required if the Supplies are delivered under a new parts identification number of in the case of a process modification. Buyer shall issue a release only if the requirements of the ISO TS 9001/ IATF 16949 as well as of any additionally agreed requirements in the Purchase Contract and/or in Special Terms of Buyer relating to the release of the manufacturing process and the Supplies are met. 9.3 In case of a conflict between the Purchase Contract and/or General terms & Conditions and/or Buyer’s Special Terms and ISO TS 9001/ IATF 16949 the Purchase Contract and/or the Special Terms shall prevail. 9.4 Supplier and its Supplies shall comply with the acknowledged state of the art, the safety regulations and the agreed technical data and documentation requirements including all national standards required by applicable law. Supplier shall be responsible at all times to control and assure the quality of the Supplies delivered. The Parties shall inform each other of any possibilities to improve the quality of the Supplies. 9.5 All suppliers of production materials are obliged to implement a certified environmental management system according to ISO 14001, EMAS or comparable standards no later than two years after conclusion of the purchasing contract. This above mentioned certified environmental system has to be operated during the entire term of the business relationship. Supplier is obliged to provide a corresponding certificate. In due time before the expiry of the duration of validity, a new certificate has to be provided. Following clauses shall survive any termination of the Purchase Contract. 9.6 Supplier agrees to maintain quality records for all Supplies indicating when, how and by whom any checks have been carried out in order to ensure the defect-free manufacture of the Supplies. These records must be kept 15 (fifteen) years following the end of supply and be presented to Buyer upon request. Supplier is entitled to reduce the holding period for documentation if Supplier is able to exclude the possibility of risk to life and health in the use of its products. Supplier is required to impose on any sub-suppliers the same obligations. 9.7 In the event any authorities responsible for vehicle safety, emissions standards and the like demand inspection of the manufacturing process and disclosure of the test records of Buyer to scrutinize certain requirements, Supplier shall, upon Buyer’s request, concede to such authorities the rights they have against Buyer and provide them with any reasonable support.