TERMS & CONDITIONS FOR – PURCHASE
1 GENERAL
The Seller agrees to sell and the Buyer agrees to purchase the Goods in accordance with the Purchase Order (PO). The Contract shall comprise (in order of precedence): any Order Amendments, the Purchase Order, these Terms & Conditions, and any documents referenced in the PO. Seller’s terms shall not apply unless expressly agreed in writing. Acceptance of the PO implies full acceptance of these Terms.
2 DEFINITIONS
- Buyer: Formix International India Private Limited
- Seller: Supplier receiving the PO
- Goods: Products/services defined in PO
- PO: Buyer’s authorized purchasing document
3 QUALITY & PRODUCT REQUIREMENTS
- Goods must conform to PO specifications and applicable standards
- Goods must be new, unused, and not older than 18 months (unless specified)
- Must be in original manufacturer packaging
- Seller warrants clear title and no encumbrances
- Goods must be fit for intended purpose
4 PRODUCT AUTHENTICITY & COUNTERFEIT PREVENTION
- Seller shall ensure all parts are 100% authentic - No counterfeit, refurbished, reclaimed, or remarked parts allowed.
- Seller shall comply with counterfeit prevention practices aligned with aerospace standards
- Buyer reserves right to verify authenticity through testing
5 TRACEABILITY
Seller shall provide and maintain full traceability including otherwise agreed upon:
- Manufacturer name, Lot / Batch number, Date code & Country of origin
- Records must be available upon request.
6 CHANGE NOTIFICATION
Seller shall notify Buyer in advance of any changes in:
- Product design, Manufacturing process, Location, Materials or sub-suppliers.
- No changes without written approval.
7 FLOW-DOWN REQUIREMENTS
Seller shall ensure all PO requirements are flowed down to sub-tier suppliers.
8 RIGHT OF ACCESS
Buyer, its customers, and regulatory authorities shall have the right to:
- Access Seller’s facilities, Review processes and records & Conduct audits and inspections
9 RECORD RETENTION
Seller shall retain all quality and traceability records for a minimum of 10 years and provide access when requested.
10 NON-CONFORMING PRODUCT
- Seller shall not ship non-conforming goods without approval
- Any deviation must be communicated in advance
- Seller must provide Root Cause Analysis (RCA) and Corrective Action (CAPA) when required
11 INSPECTION & TESTING
Buyer reserves the right to:
- Inspect and test goods
- Perform additional verification (including X-ray, decapsulation, electrical testing)
- Rejected goods shall be returned at Seller’s cost.
12 PRODUCT SAFETY
Seller shall ensure product safety and immediately notify Buyer of any safety-related concerns.
13 PERSONNEL COMPETENCE & AWARENESS
Seller shall ensure personnel are aware of:
- Their contribution to product quality, Product safety and Ethical behaviour
15 PACKAGING & HANDLING
- ESD-safe and damage-proof packaging required
- Proper labelling and packing list mandatory
- Buyer may reject goods for improper packaging
16 SHIPPING & DELIVERY
- Must follow Buyer’s shipping instructions
- Delays or incorrect delivery may result in cost deductions
- Seller responsible for proof of quality and traceability
17 PURCHASER’S PROPERTY
Ownership transfers upon delivery or payment. Goods held by Seller shall be at Seller’s risk and insured.
18 DOCUMENTATION
Seller shall provide all technical documentation necessary for use of goods.
19 PAYMENT & INVOICING
- Payment within 30 days of correct invoice
- Invoice must include PO number and complete details
- One invoice per PO
20 PRICING
No price increase without written approval. No additional charges allowed.
21 TERMINATION
Buyer may terminate PO at any time. Seller insolvency results in automatic termination.
22 INDEMNIFICATION
Seller shall indemnify Buyer against all claims arising from supplied goods or services.
23 LIMITATION OF LIABILITY
Buyer’s liability limited to amount paid. No indirect or consequential damages.
24 PUBLICITY & CONFIDENTIALITY
Seller shall not disclose Buyer information or use Buyer’s name without written consent.
25 COMPLIANCE WITH LAWS
Seller shall comply with all applicable laws including RoHS, REACH, and export regulations.
26 ETHICAL BEHAVIOR
Seller shall ensure ethical conduct, preventing fraud, misrepresentation, and counterfeit supply.
27 RISK IN TRANSIT
Seller bears all risk until goods are delivered and accepted.
28 SEVERABILITY & WAIVER
Invalid provisions do not affect remaining terms. Failure to enforce does not waive rights.
29 GOVERNING LAW
This agreement shall be governed by laws of Mumbai, India.
