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Vendor Terms and Conditions

1. Acceptance - Agreement

Seller's commencement of work on the goods subject to this purchase order or shipment of such goods, whichever occurs first, shall be deemed an effective mode of acceptance of this purchase order. Any acceptance of this purchase order is limited to acceptance of the express terms contained on the face and back hereof. Any proposal for additional or different terms or any attempt by Seller to vary in any degree any of the terms of this offer in Seller's acceptance is hereby objected to and rejected, but such proposals shall not operate as a rejection of this offer unless such variances are in the terms of the description, quantity, price, or delivery schedule of the goods, but shall be deemed a material alteration thereof, and this offer shall be deemed accepted by Seller without said additional or different terms. If this purchase order shall be deemed an acceptance of a prior offer by Seller, such acceptance is limited to the express terms contained on the face and on the back hereof. Additional or different terms or any attempt by Seller to vary in any degree any of the terms of this purchase order shall be deemed material and are objected to and rejected, but this purchase order shall not operate as a rejection of the Seller's offer unless it contains variances in the terms of the description, quantity, price, or delivery schedule of the goods.

2. Payment Terms:

Payment terms are defined in the purchase order. Payment will be made upon receipt of shipment unless prior arrangements are made. Payments are made in the following manner; check processing and wire transfer. ACI’s standard method of payment is to issue check, but in the event that a wire transfer is required, it is up to the supplier to notify the ACI buyer in advance of accepting the Purchase order. All associated costs for wire transfers will be paid for by the supplier. Invoices should be mailed directly to Accounts Payable. Please notify ACI within 60 days of the original invoice date if there are any discrepancies on payment.

3. Changes in Critical Characteristics:

By accepting the Purchase Order, the Supplier agrees to make notification in advance to ACI of any changes or substitutions in product that do not coincide with product specifications. Documentation should be delivered through ACI communication channels (email, fax, and postmark mail) and require ACI approval prior to ACI receiving shipment of product. ACI reserves the right to reject and return product to supplier if notification is not given that a change or substitution has been made.

4. Freight:

Supplier is to ship according to the Applied Concepts, Inc. routing guide. Any changes in freight carriers or shipping methods must be approved by one of the Applied Concepts, Inc. contacts listed in this routing guide prior to the shipment. Failure to comply with these shipping guidelines will result in the charge back of all shipping costs incurred for said shipment, cause the delay of receipt and payment of invoices.

5. Inspection/Testing:

Payment for the goods delivered hereunder shall not constitute acceptance thereof. Purchaser shall have the right to inspect such goods and to reject any or all of said goods which are in Purchaser's judgment defective or nonconforming. Goods rejected and goods supplied in excess of quantities called for herein may be returned to Seller at its expense and, in addition to Purchaser's other rights, Purchaser may charge Seller all expenses of unpacking, examining, repacking and reshipping such goods. In the event Purchaser receives goods whose defects or nonconformities are not apparent on examination, Purchaser reserves the right to require replacement, as well as payment of damages. Nothing contained in this purchase order shall relieve in any way the Seller from the obligation of testing, inspection and quality control.

6. Manufacturing:

All Product and PCA’s must conform to the IPC A 610 Rev. E Class 2 specification. Any deviation from that specification must be either documented by drawing, instructions, or email.

7. First Articles:

Suppliers of custom ACI product, which is defined as parts or products that were designed by ACI and are specified by a drawing or revision, require first article approval in writing by ACI. ACI requires Suppliers to supply a first article inspection report at the time of delivery of parts or products that are being submitted for ACI first article approval.

A new First Article Inspection Report (or delta report) shall be required for any of the following conditions: 1) a design or process change has been made that affects fit, form, or function of the item: (2) An item has not been produced for a period of 2 years; (3) A change in facilities utilized to produce the item has taken place; (4) Initial First Article rejection for re-inspection of those characteristics affected. The First Article Package shall consist of the documented inspection results for each drawing

The first article inspection report is a deliverable with the parts or products. The order is considered incomplete without this paperwork and will be held on the ACI dock until first article paperwork is received or for 2 business days after receipt, whichever happens first. Non-conformance to this policy may result in loss of business.

8. Vendor Performance

Suppliers of ACI product are expected to deliver materials to the committed dock date. On-time delivery is calculated at zero days late and up to five working days early. Vendors are expected to maintain a on-time delivery of 96% on-time or better. Vendors with a delivery score below 75% for a twelve month average will be considered “on probation”. A vendor can be returned to “Approved” status by increasing the twelve month average to above 75% or by having three consecutive months at goal or better.

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