1. General, areas of application
These general terms of purchase apply to any delivery or service provided to the buyer. Our conditions of purchase are applicable exclusively. Any condition of the supplier contrary to or different from our conditions will not be recognized. Any individual agreement concluded with the Supplier in a particular case prevails over these general terms of purchase. The content of such an agreement shall be the subject of a written contract or written confirmation from us.
2. Offer or quote, order processing, confidentiality
When submitting an offer or a quote, the supplier must comply precisely with the specifications appearing in the request for quotation and must expressly point out any deviation from them. Any offer or quote must be submitted free of charge.
Each order or offer must be formalized.
The Supplier accepts to acknowledge receipt of our order within two working days. After this period, the order will be automatically accepted within all it terms. We reserve the right to cancel the order whether a modification made by the supplier occurs on the acknowledgment of receipt.
Our order number must be clearly stated on each order confirmation, note of delivery, invoice, certificate, or other documents.
A delivery note indicating the details of our order, the quantity delivered and a complete description of the goods must be attached to each delivery.
Before commencing manufacture or making a delivery, the Supplier shall notify us in writing of any change in the composition of the material processed or in the version of the design compared to a delivery of the material or in the design version compared to any delivery of a similar nature which has been provided to us at an earlier time. Any modification of this type is subject to our prior written agreement.
We retain ownership of any pictures, drawings, sketches or other documents sent to the Supplier; this also applies to our copyrights where this document is copyright protected. None of these documents may be disclosed to a third party, unless our prior written consent. None of these documents should be used except exclusively for the purpose defined in our purchase order. Any request, after having processed the order must be kept secret from any third party. The Supplier has no right of retention on these documents.
3. Traceability
The supplier must be able to link the JUMO order number to its own internal traceability.
Product related documents (certificates) shall be attached to the delivery and archived by the supplier for the entire life of the product.
The documents relating to the manufacturing of the product (Tooling/OT, Traveler/OF, process parameters, etc.) shall be archived by the supplier for the entire life of the product and shall be provided on request by JUMO.
The supplier shall systematically notify JUMO before destroying this type of document. Unless otherwise stated, the product life is 30 years.
4. Storage conditions
4.1 Remaining shelflife at delivery.
Glues, resins, pastes, threadlockers and conformal coating: Minimum residual life at delivery shall be 12 months.
Cables: No expiry date applies unless specifically mentioned on the order or in the item reference. In this case, the date of manufacture and/or the expiration date must be indicated on the reel.
Gaskets: The table below gives, according to the materials, the acceptable residual shelflife (cf. ISO 2230). If the duration between the date of manufacturing and the date of delivery is higher than the requirement of the table below, the gaskets will be refused.
Printed circuits board: The date code shall be less than 6 months for circuits with ENIG finishing (Chemical Nickel Gold) and less than 12 months for circuits with HASL finishing (electrolytic Tin or Tin Lead). Date code shall be written on the packaging.
4.2 Storage conditions
Below are detailed the storage conditions applied by JUMO to products with an expiration date. Depending on the products delivered, the supplier will validate the compatibility and/or transmit his recommendations.
Glues, resins, pastes, threadlockers and conformal coating: Stored between 18°C and 25°C with the exception of Loctite 401 which, before opening only, should be stored between 2°C and 8°C.
Cables: Room condition
Gaskets: Room condition : Stocking in light protected area or anti UV bag.
Printed circuit boards: Boards should be stored in vacuum packaging at room temperature.
5. Prices, costs, packaging, insurance
The price indicated in the order form is firm. Unless otherwise agreed, all prices are firm and are expressed in EUROS. Invoices are also issued in EUROS.
Prices are deemed to be inclusive of shipping and packaging, taxes, customs duties, commissioning charges, fees or other public charges or personal expenses. Delivery is made free of charge. Shipping takes place at the supplier's risk. The products are to be packaged in such a way that their physical and functional integrity is guaranteed during transport.
We do not bear the cost of insurance.
Supplier warrants that it has complied with all applicable export regulations and that there has been no violation of these regulations and that neither the prohibitions nor the requirement to obtain an export license have been ignored. The Supplier undertakes to provide, free of charge and in a timely manner, all applicable information to be provided for export or re-export, as well as on the composition and origin of the goods delivered by the supplier, and to inform us of any recording of the supplier's goods in customs records.
With the exception of glues, resins, threadlockers and conformal coating, each containment will be labeled with our item number, our order number and the quantity.
6. REACH/ROHS
For the first delivery, and in case of change, the supplier will provide a REACH/ROHS certificate or alert JUMO if it does not comply with these requirements. The supplier will monitor the regulations concerning the evolution of the list of hazardous materials. The presence of a material containing substance identified on the prohibited substances list will alert JUMO as soon as possible.
7. Terms of payment
We are entitled, in particular, to withhold payments due to a reasonable extent as long as we still have a claim on the supplier resulting from incomplete or unsatisfactory delivery or non-compliant.
8. Delivery
The delivery date is the date of arrival of the products at the intended destination. The supplier shall inform JUMO in writing of any delay in delivery as soon as it becomes aware of it. Depending on the impact and circumstances, JUMO may postpone the delivery date. If the contractual deadline is exceeded, the supplier shall be liable to pay daily penalties for the part for which it is responsible.
9. Risk management
The supplier must establish and maintain a system for risks identification and continuous evaluation.
It includes at least:
- An analysis of potential risks at each stage of the product life cycle, ideally a FMEA.
- An action/monitoring plan to minimize the consequences of the risk and/or reduce its probability of occurrence,
- A security plan in case of a major incident such as strike, fire, natural disasters ....
In case of repetitive non-conformity, JUMO FRANCE reserves the right to consult these documents and to request the necessary modifications, in agreement with the supplier, to solve the problem.
10. Quality requirement
It is the responsibility of the supplier to implement an effective organization to ensure the quality of the products he delivers and in particular their compliance with the requirements prescribed by the order placed, as well as with legal and regulatory requirements.
In addition, the supplier shall respect and transmit to the entire supply chain the requirements of JUMO, JUMO’S customer and the end customer.
Any product or process used for the first time by a supplier or a subcontractor must be the subject of a formal qualification validating the fact that the product delivered / service performed is compliant.
Each supplier must inform JUMO and obtain its agreement concerning changes in processes, products, services, external service providers or production sites and supplier.
Except for particular requirements specified in the order, the final inspection must be carried out according to the transmitted documents (plans, technical file, customer specification...)
11. Counterfeit
It is the responsibility of the supplier to ensure that the parts delivered to JUMO are not counterfeit: original and without doubt regarding their origin. The supplier must control his sources of supply and ensure traceability of the parts.
12. Access permission
The supplier undertakes to allow JUMO, its customers and regulatory authorities access to the appropriate premises at all sites, at any level of the supply chain, affected by the order and to all applicable records for the purpose of ascertaining the supplier's ability to meet its needs and expectations.
JUMO undertakes that its intervention will not disrupt the operation of the supplier's business or that of any person working on its behalf beyond normal inconvenience and to comply with all safety regulations of such businesses.
13. Product warranty, indemnification, liability insurance cover
To the extent that the supplier is liable for any damage to the product, he is obliged to indemnify us against any claims for damage caused by third parties.
The contractor agrees to take out product liability insurance providing an adequate amount of cover for bodily injury and property damage. At our request, the supplier must, at any time, send us a copy of the insurance policy or, on express request from us, a certificate of insurance in force.
Products identified as non-conform during incoming inspection will be returned to the supplier. Transportation costs will be at the supplier's expense. The return will be accompanied by a non-conformity form. Depending on the impact, costs of non-conformity may be passed on to the supplier.
15. Request for concession
Non-conform products, detected before delivery, must be the subject of a request for concession which will be accepted or refused by JUMO. The request for concession must detail the actions applied to the products and those put in place to avoid recurrence.
For some projects, it is necessary to obtain fire and a Smoke Certificate and a test report from an ISO 17025 certified laboratory. This request will be transmitted by the design office to the purchasing department and included in the order. If the supplier / sub-contractor is not able to provide this document, he will alert the purchasing department as soon as possible.
Tubes, flanges, pellets and machined parts (fittings, clamps, armatures…) must be delivered systematically with a 3.1 certificate showing clearly and legibly the heat/casting identification/number. 16.3 The supply of other types of certificates than those listed in the previous chapters will be specified at the time of order (electropolishing, alimentary...).
17. Obsolescence
The supplier must alert JUMO as soon as he become aware of a risk of obsolescence.
18. Ethical behavior and product safety
The supplier is committed to promote ethical behavior. It is the responsibility of the supplier to plan, implement and control processes that ensure the safety of the product throughout its life cycle. The supplier assesses hazards, ensures that the associated risks and critical elements are properly managed, analyzed and made them available to JUMO.
19. Case of termination
Safeguarding, reorganization and liquidation proceedings: The Supplier shall notify JUMO as soon as a judgement of opening of insolvency proceedings is pronounced against it, JUMO may terminate the order.
Death, civil incapacity: In the event of the death or civil incapacity of the Supplier, JUMO may terminate the order by operation of law.
Physical impossibility: If the Supplier is unable to fulfil its obligations due to a manifest and lasting physical impossibility, JUMO may terminate the order.
Fault: In the event that one party fails to fulfil its obligations under the order, the other party shall be entitled to terminate the order automatically and without formalities. This termination is without prejudice to any damages that the defaulting party may be liable for.
Failure to perform: In the event of termination at the supplier's expense, JUMO may place substitute orders with other suppliers.
20. Contestation
For any dispute that may arise between the parties regarding the execution or interpretation of the contract, only the commercial chamber of the Tribunal de Grande Instance of METZ (FRANCE) will be competent.