Standard Order Terms and Conditions

 

MK Industries, LLC.

7315 Industrial Park Boulevard

Mentor, OH 44060

440-975-0855

 

•  Acceptance:  This Purchase Order/Repair Order (herein referred to as the “Order”) is neither an expression of acceptance of any offer made to Buyer by Vendor nor a confirmation of any contract or agreement between Buyer and Vendor; this order is an offer to the Vendor to contract on the terms set forth herein, and such offer expressly limits acceptance by Vendor to the terms set forth herein, and any additional or different terms proposed by Vendor are specifically rejected, unless expressly agreed to in a subsequent writing signed by an authorized representative of the Buyer.  MK Industries only accepts material traced back to an airline with all legal documents and Non-Incident Statement from the last operator provided.

 

• Packaging:  All goods will be packed and marked (including notice of hazardous substances) in accordance with industry standards and will comply with applicable laws and carrier requirements.  Goods will be packed in accordance with ATA 300.  Each container will be marked with applicable Order number and be accompanied by one copy of the shipping papers.

 

• Specification, Certification and Traceability:  All material, parts, equipment or items supplied by Vendor shall comply with the applicable part numbers and other specification stipulated on this Order.  No substitutes are permitted except upon the prior consent by an authorized representative of MK Industries, any material subject to Federal Aviation Regulations must have been manufactured in accordance with FAR Part 21 Sub part F, G, K, or O and must be certified accordingly material, parts or items manufactured outside the United States which are to be fitted to a U.S. type certificated product shall be imported into the USA in accordance with FAR part 21 Sub-part N, under a certificate of airworthiness.  Material, parts or items manufactured outside the United States under EASA, JAA or other Civil Aviation Authority shall be certified by EASA Form 1, JAA, CAAC, or other approved Civil Aviation Authority.  All material must be traceable to the following approved sources: FAR parts 121, 129, 145, or the OEM.  All material shall have been clearly and continuously identified from the time that it was removed from an engine or aircraft with information that would allow the following information to be tracked: last operator, engine/aircraft of origin, serviceability status, and reason for rejection if applicable. All Airworthiness Directives (AD's) that are represented as having been performed/accomplished are documented accordingly. Certification of compliance shall specify AD number, amendment number, date, and method of compliance.

 

• Shipping Instructions:  Notice of shipment shall be sent to Purchaser at the time of shipment, which shall state the Purchase Order Number, the kind and amount of merchandise and the route by which the shipment is being made.  All merchandise shall be suitably packed, marked and shipped in accordance with shipping instructions specified herein.  Any losses accruing from deviation from the Purchaser’s routing instructions shall be the sole responsibility of the Supplier.

 

• Title and Risk of Loss:  Except as otherwise provided in the Order, title passes to Purchaser upon delivery of the merchandise at Buyer’s premises.  The risk of loss of and damage to the merchandise which are the subject of this Order, regardless of the F.O.B. point, shall be and remain with the Supplier until the merchandise is delivered to the destination set forth in the order and accepted by the Buyer or Buyer’s nominee.

 

• Inspection:  All goods and/or services in this order are subject to Buyer’s inspection within a reasonable time after arrival at the ultimate destination.  If, upon inspection, any merchandise is found to be non-conforming, defective, of inferior quality or workmanship, or fails to meet the specifications of any other requirements of this order (hereinafter  “Non-Conforming Goods”), then Buyer may reject same and return the Non-Conforming Goods to Supplier at Supplier’s expense.  Payment for Non-Conforming Goods shall not be an acceptance of such goods and/or services.  Upon the return of Non-Conforming Goods Supplier shall reimburse Buyer for (a) any amounts paid by Buyer on account of the purchase price of such goods and/or services and (b) any costs incurred by Buyer in connection with the delivery or return of such goods and/or services.  Such expenses include, but are not limited to, expenses related to unpacking, examining, handling, repacking and re-shipping.  Alternatively, Buyer may require Supplier, at Supplier’s expense, to remove from the premises of Purchase defective or non-conforming merchandise whose defects or non conformity are not immediately apparent on examination, Buyer reserves the right to require replacement, as well as payment of any applicable damages, within a reasonable time following discovery of any defect or non-conformity.  Material that is not in OEM packaging must have the part number (and Serial Number, if applicable) clearly and fully legible on each part by means of a data plate, ink stamping, engraving or other approved method of fireproof identification that is placed on the part on a non-critical area.

 

• Returns:  Buyer may, in its sole discretion, at any time and from time to time, within sixty (60) days after acceptance of the goods, return to Vendor any part or all goods and receive full credit on such return.

 

• Warranties:  Vendor warrants that (a) all goods and services when delivered will be merchantable and free from defects in workmanship and material, will confirm strictly to the specifications, drawings, samples, or other description specified herein or furnished herewith, and will be fit for their ordinary intended purposed and any special purpose specified by Buyer; (b) it has good title to the goods free from all encumbrances and that it will defend such title against demands of all persons whomsoever arising; (c) all goods of Vendor’s design or production will be free from defects in design or production; and (d) it has all required authority and approvals to sell the goods to and perform the services for the Buyer.  All warranties shall run to Buyer, its successor’s assigns, and all persons to whom the good may be resold.

 

• General:  If there is an express conflict between the terms of this Order and the provision of any current written agreement between Vendor and Buyer also intended expressly to apply to the goods and/or services ordered herein, those provisions will control only for those goods and services  contemplated both by this Order and the agreement.  In filling this order, Vendor and its subcontractor will comply with all applicable federal, state, and local laws and the rules and regulations and shall furnish evidence of such compliance as required by Buyer.

 

• Termination of Convenience:   Buyer may at any time prior to delivery terminate this Order for its convenience, in whole or in part, by written, telegraphic or verbal notice confirmed in writing to vendor.  If vendor has specifically manufactured the goods to fill this order and is unable to make other commercially reasonable disposition of the goods, Buyer will pay Vendor the cost incurred for the line of work performed by Vendor in respect of such goods at the time of written notification by Buyer.  Vendors will mitigate such costs to the extent it is reasonably possible.  Buyer’s liability under this paragraph will not exceed the aggregated price specified in this Order.

 

• Equal Employment Opportunity:  Vendor will comply with Executive Order 11246, dated September 24, 1965, as amended by Executive Order Number 11375, dated October 13, 1967, and all administrative regulations issued pursuant thereto; said Executive Order is hereby incorporated by reference and Vendor agrees to be bound by paragraphs (1) through (7) of Section 202 thereof.  Vendor certifies that it does not maintain any segregated facilities for its employees and that it will not permit its employees to perform services at any location where segregated facilities are maintained.  When applicable, Vendor will be bound by Section 503 of the Rehabilitation Act of 1973 and Section 402 of the Vietnam Era Veterans Readjustment Assistance Act.   This contractor and subcontractor shall abide by the requirements of 41 CFR Section 60-300.5 (a) and 60-741.5(a).  These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities.  This contractor and subcontractor shall abide by the employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A.