Complaints, measures. If the Buyer notifies the Supplier of a defect, the Supplier will carry out a fault analysis without undue delay, with support from the Buyer to the extent that is required and feasible. The Supplier shall respond to complaints without undue delay. It shall immediately confirm receipt of the complaint in writing, send to the Buyer an initial report on immediate measures within 24 hours and deliver a faultless replacement within no more than 24 hours. Troubleshooting and corrective measures must be presented promptly, but within no more than 5 calendar days. A final 8-D report with verified measures must be presented within 10 calendar days. An agreed number of defective products will be returned to the Supplier for this purpose. On the Buyer’s instruction, the Supplier commits to analyse the cause of the defect based on the 5-Why or Ishikawa Method, to initiate corrective actions and to ascertain their effectiveness by means of a process analysis or process audit. If the Buyer or its customers face the risk of production shutdowns due to the delivery of products that do not conform to the specification, then the Supplier, in coordination with the Buyer, must take suitable immediate measures to minimise a disruption in production (substitute supplies, sorting, rework, additional shifts, express transportation, etc.). In urgent cases and by prior agreement with the Supplier, the Buyer is entitled to complete reworking itself or commission third parties with reworking on the account of the Supplier. As a rule, the Buyer shall only perform reworking in order to avoid or minimise further damages or disadvantages to the detriment of the Buyer or its customers, as well as any obligations to indemnify the Supplier. The use of subsuppliers appointed by the Buyer does not release the Supplier from its obligation to assure the quality of products obtained from subsuppliers. The Supplier shall lodge any complaints directly with the subsuppliers without undue delay. On request, the Supplier shall notify the Buyer of the current status of complaint processing.
Complaints, measures. The supplier undertakes to analyse any discrepancies in the event of complaints and to communicate the re- xxxx to MS-Xxxxxxxxxx in 8-D format. The first response is expected within 24 hours, the final response within 3 working days. MS-Xxxxxxxxxx reserves the right to demand rectification of these measures if they are not considered to be promising. The supplier shall be invoiced for the additional costs incurred due to poor quality of the delivered products (line stoppage, scrapping, inspection, sorting, reworking and logistic costs, special shifts). If MS-Xxxxxxxxxx sees itself obliged to retrieve and exchange contract products from end customers in the event of proven quality defects for which the supplier is responsible and/or to rework them on site or in- house, the supplier shall bear the costs. MS-Xxxxxxxxxx shall inform the supplier immediately of any quality defects that have occurred. The above paragraph shall also apply to quality defects which are detected by MS-Schramberg before delivery to the end customer. If the supplier does not succeed in restoring the agreed quality level within the mutually agreed period of time, MS-Xxxxxxxxxx can use an external service provider at the supplier's expense to provide support. The supplier's liability for defective delivery or delayed delivery shall remain unaffected by the above provi- sions. In the event of repeated quality problems, MS-Xxxxxxxxxx reserves the right to include the supplier in esca- lation levels CSL1 or CSL2. Any costs arising therefrom shall be borne by the supplier.
Complaints, measures. If Xxxxxx + Xxxxxx discovers defects, it will notify the Supplier of these during the normal course of business. The Supplier waives any right to object to a late deficiency claim in accordance with Sec. 377 Commercial Code (HGB) . The same applies if a Xxxxxx + Xxxxxx customer finds defects caused by a defect in products delivered by the Supplier. The Supplier will then promptly complete an error analysis using suitable quality management methods. Products about which complaints have been received will be returned to the Supplier to the agreed extent. The Supplier hereby undertakes to complete an 8D report within 24 hours after becoming aware of such issues to initiate suitable immediate measures (replacement delivery, sorting, re-work, additional shifts, emergency transport, etc.) in order to indemnify Xxxxxx + Xxxxxx against any damage. It will submit a full 8D report to Xxxxxx + Xxxxxx within 10 business days including causes, corrective measures and controls of effectiveness for any errors which occur or which are discovered. An 8D report is also required if the Supplier requests special approval (see chapter 10). Additional costs incurred by Xxxxxx + Xxxxxx and its customers due to Sorting Re-work Returns Scrap Downtimes Additional expenses in production processes will be submitted by Xxxxxx + Xxxxxx and fully compensated by the Supplier. Xxxxxx + Xxxxxx will give the Supplier the opportunity to correct issues to the best of its ability, as long as the customer supply can be ensured. The Supplier will observe information and suggestions from Xxxxxx + Xxxxxx on how to improve product quality by changing production and quality assurance of its own accord and under its own responsibility.
Complaints, measures. In the event of a complaint, the Supplier undertakes to analyse every discrepancy and to notify Bär in 8-D format. Bär reserves the right to request that these measures be improved, if they are not deemed as promising. Additional costs (production downtime, scrapping, reworking and logistics expenditure etc.) arising from poor quality or delayed delivery will be charged to the contractual partner according to the costs-by-cause principle. Bär reserves the right to recover additional costs from the Supplier. These include, for example: Receivables from supplier agreements (see appendix) Exceptional measures Inspections at Bär’s premises which correspond to the Supplier’s final inspection Audits carried out by Bär at the Supplier’s premises in relation to quality issues Bär explicitly reserves the right to make claims for faults which arise at a later date. Where Bär has found it necessary to recall, replace, and/or rework contractual objects either at his customers’ premises or in-house due to proven quality deficiencies which the Supplier is responsible for, then the Supplier shall bear the costs up to the maximum amount that the business and product liability insurance taken out by the Supplier accounts for. Bär shall inform the Supplier about the quality deficiencies which have arisen without delay. The paragraph above also applies to quality deficiencies which were detected at Bär’s premises before delivery to the customer. Any other liability on the part of the Supplier shall remain unaffected, in particular if the Supplier is mandatorily liable according to the German Product Liability Law, is liable due to the acceptance of a guarantee or the damage was due to gross negligence.
Complaints, measures. Should the Supplier suffer process malfunctions or quality deviations, the Supplier shall analyse the causes, introduce remedial measures and monitor the effectiveness of such measures. Should LEONI discover any defects, they will be brought to the attention of the Supplier in ac- cordance with normal business practice. The Supplier shall immediately conduct a defect analy- sis, whereby LEONI will provide what assistance it can. In the case of dispute, a joint evaluation is to be conducted by LEONI and the Supplier or by a neutral third party. LEONI shall ensure that the products giving rise to the complaint are returned to the Supplier in the agreed scope. The Supplier shall undertake to analyse any non-conformity and notify LEONI without delay of the cause, remedial and preventative measures initiated as well as the effec- tiveness of such measures. Should the supply of products that fail to meet specifications threaten production stoppages at LEONI or its customers, the Supplier shall, at its own cost and in agreement with LEONI, take im- mediate remedial action (alternative supply, sorting process, reworking, special shifts, express deliveries etc.). The Supplier shall undertake to immediately notify LEONI if it discovers any quality deviations or supply problems. The Supplier shall bear the cost of process audits and problem analyses should these become necessary as a result of reductions in quality. Furthermore, the Supplier shall bear the cost of follow-up audits and the verification of measures deriving from regular audits where these are shown to be necessary by an audit result that indicates the possibility of potential reductions in quality on the part of the Supplier. Except where otherwise expressly agreed by the parties, LEONI shall be entitled to demand compensation from the Supplier for all costs arising from defective products supplied by the Supplier (including claims for damages from LEONI customers) in accordance with the law.
Complaints, measures. If MONTRATEC during the remaining production process determine defects, they will be communicated to the SUPPLIER by means of a defect report. At this regard, the SUPPLIER waives the objection of a delayed notification of defects. The SUPPLIER will draft on demand of MONTRATEC immediately an error analysis in the shape of an 8D-report and will inform MONTRATEC about the immediate taken measures. Depending on the problem, MONTRATEC will determine the procedure to be followed for the processing of the complaint: ● Return of the complete supply for analyses and repair or new production and immediate spare delivery by the SUPPLIER, ● Sorting of the goods and return of the defect products for analyses and repair or new production an immediate spare delivery by the SUPPLIER, or ● Sorting an repair by MONTRATEC.
Complaints, measures. In the ordinary course of business, centrotherm will bring to the attention of the supplier any noticed deficiencies. The parties agree that omission or delay of complaint does not constitute an acceptance of delivery. For defects that have arisen, the supplier immediately create an error analysis, using - if demanded - the 8D (Eight Disciple) Problem Solving Method. Any deviation will be analyzed so that centrotherm can be informed on short notice and in writing of cause, countermeasures and error prevention measures as well as the effectiveness of said measures. If the delivery of out-of-spec products and/or substandard services could cause production downtime at centrotherm or at the end customer, the supplier must be ready to immediately provide centrotherm with suitable remedial action (delivery of spare parts, additional shifts, express delivery, sorting, reworking, etc.) at his own expense. Running a quality management system and achieving agreed quality objectives due not lead to an exclusion of supplementary performance demands or any other demands on behalf of centrotherm.
Complaints, measures. The Supplier is aware that the Customer does not get all defective parts back from its cus- tomers. The Supplier therefore hereby agrees that he too will only get back a small number of defective parts (for analysis purposes, amongst other things) and will not lodge any claims and/or objections in that respect. The Supplier undertakes to analyse any deviation and to promptly inform the Customer of the cause of the deviation and of the measures taken in order to remedy the defect and to avoid it in future in an 8D report sent no more than one week later; he shall immediately review the success of the measures taken. Should the parts delivered by the Supplier - not comply with the contract terms and particularly the specifications - or due to the fault of the Supplier not be suitable for assembly - or not be adequate for their subsequent use and therefore pose a risk that may stop production at the Customer, his affiliates as listed in Annex 1 and/or his or their customers, the Supplier must – without undue delay and by agreement with the Customer – immediately take suitable corrective measures (replace- ment supplies, sorting work, rework/rectification, extra shifts, express transportation etc.). Expenses incurred as a result of this shall be borne by the Supplier. Irrespective of the above, clause 8 of this Agreement shall apply.
