1.2 The present general conditions apply to any order placed by CMD S.p.A (further designated “CMD”)
1.3 With the acceptance of order or delivery of material contained therein (see also article 2), the Supplier natural or legal person, accepts without reservation this general purchasing conditions. Any general sale conditions of Supplier that contradict with these are fully rejected.
2. CONCLUSION OF THE CONTRACT AND ORDERS
2.1. The execution of the contract is not assignable.
The purchase contract is concluded when the Supplier accepts the order by CMD, even through the postponement to the latter of the same duly signed release (order confirmation).
The order by CMD must be considered fully accepted in any case at the time that the Supplier starts with the fulfilment of obligations to fulfil.
2.2. If CMD sets a deadline within which it must reach and the deadline expire unnecessarily, the order will automatically void.
2.3. For confirming the order means solely the order’s duplicate duly signed by the Supplier for acceptance of the onerous conditions.
2.4. In addition, are always to reject and consider as non-existent any clauses providing any kind of penalties borne by CMD, unless specifically signed them.
2.5. Every stipulation and declaration legally relevant between contracting parties, changes or additions to the contract especially, need the written form and, in order to be valid, must be signed by both Parties.
3.1 The supply can’t be completely or partly subcontracted without prior written consent of CMD.
It is the responsibility of the Supplier to transfer the applicable requirements to its suppliers by CMD.
4.1 The Supplier is obliged to allow the access to its plants and to those of any sub-suppliers to the CMD staff, to the CMD customer representatives, to the appropriate authorities, to the certification bodies, for the organization and business processes assessment and for the conformity clearance of requirements concerning products/services provided.
5.1. Designs, projects, specifications, standards, tables and any other technical documents and samples and special equipment that CMD provides the Supplier, or industry information, submitted or disclosed, even verbally, before and after the conclusion of the contract, remain the exclusive property by CMD itself and can be used only for the execution of the contract, of which they are part. In particular, these industry information cannot be exploited by the Supplier, copied or reproduced, submitted or disclosed to third parties, without prior written consent of CMD. The Supplier must follow the requirements of this article even when CMD submits or discloses to the Supplier industry information of its Customers or other third parties.
5.2 Unless otherwise agreed, when the contract requires that the Supplier to elaborate the project, the design or product features on the basis of information more ore less detailed expressed by CMD, each industry information used by the Supplier in this context will be the exclusive property by CMD that will take care of all economic rights to use, even in the case of inventions or achievements patentable or intellectual work protected by the rules on intellectual property.
5.3 The Supplier must read them and check the suitability to the execution of the contract itself, eventually providing modification apt to improve the product’s quality and economy and/or part to supply, also highlighting any modification requested by legal requirements. They must be returned to CMD upon the request, in any case when the contract expires, unless it is allowed the demolition and scrapping.
5.4. The Supplier recognises for torts the products and/or parts manufacture and market, except products and/or parts supply based on the designs, models and/or samples by CMD whether this happens with recall or not to the name, to brands or distinctive designs by CMD.
5.5. The Supplier will safeguard the assets with the care of the depositary, will properly ensure them from the risks of theft and fire, will register as CMD property and promptly inform it about every executive action or collective proceedings that was initiated by third parties against them and can involve those assets.
5.6. The Supplier during destination of the samples and special equipment will provide for their routine maintenance and will promptly report repairs necessary to CMD, and the latter accredit to provide them or provide you at the expense of CMD by the same Supplier respectively to provide you at their expense in cases of negligence or incompetence of them.
5.7. The Supplier will allow to CMD to enter the premises anytime, assets for the execution of the contract and to verify the compliance with those provisions.
6.1 In the process of defining a responsible management system increasingly structured and popular within their organization, CMD believes that business relationships based on transparency and business ethics can help to increase the effectiveness of the company processes and competitiveness. In this perspective and natural logical connection with our Code of Ethics is increased the need to define minimal ethical conducts to which the suppliers and partners must attain, being part of the contract terms.
6.2 The suppliers must attain to the following conduct specifications:
7.1. If the material is provided by the Supplier, CMD is entitled to request the documentation demonstrating the quality required of supply material.
7.2. If the material is provided by third parties for CMD (C/L) the Supplier has an obligation to find the suitability intended for use.
8.1. CMD is obliged to accept only the quantities ordered
8.2. Any tolerance on quantities must be agreed in any case expressly in writing
9.1. Any directives on quality, of CMD or its customer, as communicated to the Supplier, are deemed accepted by the Supplier and should be considered an integral part of these respectively contract’s General Purchasing Terms.
9.2. The bill of lading of materials, products and/or ordered parts it doesn’t imply approval for quantity and quality even without wording of explicit reservation.
9.3. The quality assessment must be exclusively performed by CMD control bodies or third parties we engage.
9.4. The Supplier is committed to maintain constant the quality of materials, products and/or supplied parts, for the entire duration of the contract; also it is responsible for their quality and conformity to the order and must provide the testing of them to ensure that are reliable anytime, of appropriate quality and comply with the technical requirements of CMD, with the accident prevention rules, with environmental regulations and with other Italian and European rules and at the product destination.
9.5. CMD is entitled, by agreement with the Supplier, to send their persons in charge to the plant’s Supplier and/or to the Supplier of the latter to read the test procedures of materials, products and/or parts pre-shipment, using control and testing tools owned by the Supplier where it is necessary, made available for free by the latter.
10.1. The Supplier ensures compliance of the materials, products and/or parts with the specifications, their suitability for the purpose indicated by CMD and the execution free from manufacturing defects and in particular:
10.2. Any complaints regarding faults and/or defects on materials, products and/or parts provided, will have to be reported by CMD to the Supplier within 90 days from discovering. This even if materials, products and/or parts provided they have been processed and the relative invoices were already paid.
If the faults and/or defects on materials, products and/or parts provided were noted near the customers of CMD after sale, the complaint of them must be made within the warranty period provided by CMD to its customers and in that case will apply the clause in Art. 7.3.
10.3. Whatever as provided in Art. 7.2., CMD is entitled to report any defects and/or hidden defects of materials, products and/or provided parts within 5 years from delivery.
10.4. CMD will charge to the Supplier the cost incurred to replace the materials, products and/or faulty parts provided until the 12th month deadline from delivery of these to the end user and in any case no later than 24th month from delivery to CMD.
10.5. In the presence of any non-compliant materials, products and/or part rejects, CMD will inform the Supplier with special signals reserving on its production needs to:
If the material is supplied by CMD (art.4):
11.1 The Supplier must plan, implement, control the necessary processes for the product safety during the entire life cycle of the product, as appropriate for the Supplier and the product.
12.1 The Supplier must plan, implement and control the processes as appropriate to the Supplier and the product for the prevention of the use of counterfeits parts or suspected to be counterfeit and their inclusion in the product(s) delivered to CMD.
12.2 To reach this the Supplier must train personnel for the detection of suspected or counterfeit parts, preserving evidence.
12.3 To reach this it must verify its sub suppliers as well to avoid the use of suspected or counterfeit parts during its processes, by establishing a supply chain and relative retraceability.
12.4 Anytime it would notice to have provided or to provide suspected or counterfeit parts it is obliged to immediately report to CMD as found out by itself.
12.5 The same applies even if what it was found concern only information who can ease CMD to identify suspected or counterfeit parts.
13.1 The Suppliers must conduct the following activities:
14.1 The raw material Supplier (raw or semi-finished materials) must transmit the certificate of conformity of the producer together with the supply. The material provided must be accompanied by chemical analysis results and mechanical features required by CMD or in any case provided by specific and applicable regulations.
The certificate of conformity must clearly include the reference to specification/standard recalled in the order, where present.
14.2 The raw material Supplier qualified by final customer has a responsibility to ensure that material supply is comply with the latest valid version of specification set by the final customer.
14.3 It is the responsibility of the Supplier to verify that the values into material documents are conform as required by regulation/specific recalled in the order.
14.4 It is responsibility of the Supplier to declare the absence of radioactivity on metals provided as comply with applicable standards.
15.1 Each CMD Supplier and all its Supply Chain must comply with the requirements of Regulation CE n.1 907/2006 (Regulation REACH) and of Regulation CE n.1 272/2008 (Regulation CLP).
The Supplier must specifically perform all duties to be imposed pursuant to Article from 31 to 33 of Regulation REACH and to Titles III and IV of Regulation CLP.
It must also provide all information who CMD require it in order to use the substances, mixtures or article provided according to those regulations.
Without limitation, it must be provided information regarding the presence of SVHC (Substances of Very High Concern) and substances subject to restrictions Annex XVII of Regulation REACH).
15.2 Under Regulation CLP must be also fulfilled the labelling requirements (Title III) and packaging (Title IV).
Each Supplier which is located outside the European Economic Area must satisfy the requirements of Regulations REACH and CLP, as importers of substances, mixtures or articles in the EEA market.
15.3 If the Supplier does not meet totally, sufficiently or in timely manner, the requirements of Regulations REACH and CLP, it must make restitution CMD for each damage if CMD is affected for not respecting the mentioned standard.
15.4 Under Directive 2000/53/CE – ELV (End-Of-Life-Vehicles) the major car manufactures have set the standard in IMDS (International Material Data System) to verify the presence of substances allowed for materials and components the composition of which is compared and authorized on the basis of reference list GADSL (Global Automotive Declarable Substance List).
The Supplier of CMD must comply with bans and restrictions to the use of all substances from the list GADSL available on the website http://www.gadsl.org.
16. SUPPLIERS MONITORING
16.1 The Supplier may be subjected to regular rating according to (ISO 900 1 -EN 9 100, ISO 1400 I, ITAF16949).
The Supplier may be periodically informed about performance according to compliance of the particular sent and the service provided.
16.2 CMD can performs regular inspections at the Supplier in order to control the production process and the compliance with the requirements by quality, environmental and safety system.
17.1. The materials, products and/or parts provided are always delivered at the CMD or customer stock, depending how much is indicated on the order, even the transport costs are not borne by the Supplier.
17.2. The risk transfer by the Supplier to CMD take place on delivery of materials, products and/or parts at the CMD plant or the customer one, depending how much is indicated on the order.
18.1. Delivery terms will be more comprehensive in the individual work orders, to be decided by mutual consent of the parties.
18.2. Quantities delivered terms are mandatory.
18.3. CMD reserves the right to accept overage to the program and the order, sending back their originally payment time limits.
19. LATE DELIVERY AND PENALTIES
19.1. Delivery terms are extended, in derogation as provided in Art. 9, when arise causes beyond the control of the Supplier that prevent the regular execution of the contract.
19.2. It is considered as susceptible impediments to delay the execution of the contract, any fact or act, beyond the control of the parties and CMD customer, that makes it impossible the contract presentation, for example epidemic, mobilizations, wars, strikes, uprisings, accident, measures of authorities, cataclysms and generally each event who is beyond the reasonable control opportunity of the parties.
19.3. However, the Supplier is obligated to provide an immediate written report to CMD about the occurrence and cease of reasons beyond its control susceptible to delay the regular execution of the contract and to take all measures to limit the effects.
19.4. Delivery delays (even partial) attributable to the Supplier, empower CMD to apply a cancellation fee corresponding to recover damages attributed to that delay.
Also, CMD customer may invoke the right to compensation for damage attributable to that delays.
19.5. If the delay exceed 25 working days, CMD, and retains the right to compensation for damage, will at its discretion:
To supply materials, products and/or parts elsewhere and anytime (and this also in derogation from Art. 1516 C.C.) at the expense and risk of the Supplier charging to itself each increased burden of supply, in that case CMD must reports the Supplier.
20.1. The bills must include materials, products and/or parts and/or performance of a single order, subject to the same VAT rate and shall report: order number and number of relative D.D.T.’s and product codes.
20.2. The materials, products and/or parts must be accompanied by D.D.T. – in triplicate, containing the following information: CMD product code, materials name, products and/or parts provided, date of dispatch, order number, quantity for each delivery, number of packages delivered and any indication required in order.
21.1. CMD shall pay in the manner and within the agreed, subject to reception of a statement account of bills issued, separately for each month and for documents compiled regularly. This statement account must be delivered to CMD within following first 10 days after billing month.
21.2. It is expressly forbidden to the Supplier to issue bills for the payment. In any case, they will be not collected and the Supplier will be held responsible for all damages including morals one that result from failure to collect of that.
21.3. Payments in expiration from the end of July to the end of August will be delayed to the next September 10th.
21.4. It is expressly agreed that credit deriving from supply cannot be subjected to transaction and/or delegation in any form.
a) “Personal Data” consists of any information relative to a physical person identified or identifiable (“Data Subject”):
b) CMD “Personal Data” consists of:
c) Personal Data “Processing” consists of any operation or series of operations executed on personal data, through automated means or not, as collection, recording, adaptation or modification, dissemination or other mean that makes them available, alignment or combination, blocking, deletion or destruction.
22.2 CMD Personal Data will be displayed and processed only in so far as this is necessary for the execution of the contract or following written directions by CMD.
22.3 The Supplier agrees to keep confidential the personal data of CMD and agrees to not to disclose them to third parties without first receiving explicit written consent by CMD. The Supplier staff will process CMD personal data only in so far as this is necessary for the execution of the contract as orders received in the face of itself.
22.4 The Supplier is committed to put in place technical and organizational measures required to ensure Personal Data safety and privacy of the buyer in order to avoid:
The Supplier must comply with all applicable laws and regulations regarding Personal Data Protection indicated in point c) of this Article. In particular, if completion of orders issued after the contract would mean Personal Data collection directly by the Supplier to Data Subject, the Supplier must:
To provide to Data Subject information required by applicable laws and regulations, to allow the access by Data Subject to Personal Data collected relating to itself and, if necessary to obtain the consent of Data Subject. The Supplier must, however, obtain the prior written authorization by CMD regarding Personal Data measurement to collect and the consent for the language to be used.
23.1. The present contract is governed by Italian law. It is explicitly excluded, beyond the control of the parties, the applicability of the uniform laws regarding the formulation of International Sales Contracts and International Sales Contracts of movable properties.
23.2. Place of jurisdiction for the Supplier and for CMD is Santa Maria Capua Vetere (CE).
However, CMD reserves to sue the Supplier to each other competent supervisory place of jurisdiction.
General Purchasing Conditions M.D.
The purpose of this procedure is regulate the activity and related supplies by our suppliers.
This procedure applies to all suppliers.
The activities emission of the order develop according to the following points:
In order to better distribute resources and costs of their activities, CMD divided suppliers into two categories: Standard Suppliers and Automotive Suppliers.
As Standard Suppliers include all suppliers of parts necessary to production of their products, marine Customers and account work of non-Automotive Customers, whereas as Automotive Suppliers include all those whose supplies are necessary to production of products for Automotive Customers.
The only difference between two categories is that for Automotive Suppliers are applied, in addition to planned activities for Standard Suppliers, other most restrictive activities according to QS9000. Those activities will be highlighted by setting the application to Automotive Suppliers only.
In both categories, CMD aims the use of suppliers whose reliability is such as to enable that supplies can be developed under quality assurance. In this way, is established a relationship of mutual collaboration and trust with the supplier that allows to CMD the immediate use as supplied.
For this purpose, C.M.D. monitors and assesses all suppliers and supports those DIST consider strategic in the improvement of their ability to meet business needs. C.M.D. assesses the ability of their suppliers to deliver materials and products conform to the specifications:
CMD suppliers is assigned a score corresponding to one of the three possible bands, depending on their capacity to provide a product conform to business needs.
The qualification bands (classes) are:
Suppliers potentially reliable:
They cannot be considered for any supply.
The score is assigned at the first assessment in the manner described below for each of criteria used. This score is updated every 6 months by AQT during surveillance activities and supplier evaluation.
In the description of General Purchasing Terms CMD reserved the right, upon agreement with the Supplier, to send their delegates at the Supplier’s plants and/or at the supplier of the latter to carry out inspections, by reviewing test procedures of materials, products and/or parts before shipment and, where necessary, using control and test systems owned by the Supplier, made freely available by the latter.
The inspection consists of a direct evaluation regarding the business system and/or production processes of the Supplier. AQT, within the concerned functions, identifies at least two persons who make up the verifications team; At least one of them, must be AQT or SEQU, who will act as Team’s Representative. Team members must have a suitable technical expertise.
AQT and Verification Team’s Representative will agree with the supplier the time for the execution of inspection any critical points on which focus the verification and evaluation activities, by sending him the Suppliers Evaluation report.
Upstream of inspection execution, the Verification Team’s Representative, in collaboration with the members team, draws up a report about the verification.
The report’s contents are assessed by AQT, who attributes to the Supplier, the class of qualification that belongs him and updates Supply Evaluation Form.
Where have emerged values during verification, AQT report them to the Supplier, asking him to indicate within a fixed time frame corrective actions it intends to take, with their implementation times. These corrective actions will be subject of subsequent inspection, whose expiration is indicated on Supply Evaluation Form.
With this criterion, AQT and SEQU evaluate the possibility to qualify the Supplier on the basis of specific tests to sampling or pilot supply agreed. Tests are defined by product category and, where necessary, and tested at accredited laboratories. Regarding results of these tests and related registration documents, AQT and SEQU, carry out a critical assessment of them to establish the capacity of the Supplier to provide a product in compliance with the technical specifications. For Automotive Suppliers, where possible, will be required P.P.A.P. application as well.
The score given to the Supplier is minimum of the band A in case of compliance. Otherwise, the Supplier is given within the band B.
AQT updates the Supply Evaluation Form reporting necessary information and, in case of attributing within the band B, the length of time and/or number of supplies by subjecting acceptance control in order to test the ability of the Supplier over time to provide a compliant product.
126.96.36.199 QUALITY CERTIFICATION SYSTEM
It is considered qualified that supplier who is able to demonstrate to have a Quality Certification System by accredited body. In that case, it is agreed to attribute him what qualification that is corresponding at the lower limit of class A.
AQT updates the Supply Evaluation Form reporting necessary information and especially operating procedures of monitoring taking into account the period of validity of produced certification.
In the description of General Purchasing Terms, CMD reserved the right, upon agreement with the Supplier, to send their delegates at the plants of the Supplier.
They are considered qualified those suppliers which are for the Customer, in relation to these materials or products. These, if do not qualify, are used only for the supply of materials and/or products to use for the product to deliver to the Customer from whom are qualified. The given qualification is, if it is considered appropriate, the lower limit of corresponding band of the Customer. Otherwise, it is attributed the lower limit of class A qualification.
After the shipment demanded of offer, accompanied by all necessary technical documentation for the Supplier, CMD looks forward of the offer.
The Supplier must assess based on a feasibility analysis of required product industrialization, where industrialization means the series of organizational activities (including any investment proposals) necessary to perform the supply within the quality level required by CMD so that the economic and management result is satisfactory.
Designs, projects, specifications, standards, tables and any other technical documents and samples and special equipment that CMD provides the Supplier, remain the exclusive property by CMD itself and can be used only for the execution of the contract, of which they are part. The Supplier must view them and detects the suitability to the execution of that contract, eventually suggesting modifications apt to improve the quality and economy of product and/or part to provide, reporting each modification. These must be returned to CMD upon request, regardless following the end of the contract, unless it is authorized destruction or scrapping.
The Supplier – except for the execution of the contract – cannot copy, reproduce or use them for other purposes neither disclose or allow their use to the third parties, without the written permission by CMD. The Supplier recognizes for illicit the manufacture and market of products and/or parts, out the products and/or parts supply on the basis of designs, models and/or samples of CMD, no matter if this occurs with recall or not on name, brands or distinctive design by CMD.
The Supplier will safeguard those assets with the diligence of the depositary, will provide to properly ensure against risk of theft and fire, will register them as property by CMD and will promptly inform it about each executive action or collective proceedings that taken by third parties towards them and that can involve the above assets.
The Supplier, during samples and special equipment destination, will provide for their routine maintenance and will promptly report the necessary extraordinary repairs to CMD, whom reserves to directly provide or to provide you at the expense of CMD by the same Supplier, and respectively to provide at the expense of this latter in cases of negligence or incompetence of them. The Supplier, will enable CMD anytime to inspect the premises, assets for the execution of the contract and to verify compliance with this provisions.
The supply offer must contain all necessary data by CMD to conduct a proper assessment of required product.
However, it must contain:
Before shipping or putting into production any particular request by CMD, the Supplier must wait order signed by Plant Manager, unless written derogation or if it was requested during offering/ordering of pre-series, the approval to production.
CMD offer contains:
During Offering/Ordering of particular products, CMD may request any pre-series to assess the compliance with the specifications required to the Supplier.
After pre-series analysis, in case of success of controls and tests, it will be sent the Approval to production to the Supplier.
Otherwise, in case of failure of controls and tests, it will be sent a report containing any dissimilarities or Non-Compliance document.
If the material is provided by the Supplier, CMD has the right to request documentation demonstrating the quality required of supplied material.
If the material is provided on behalf of CMD by third parties (C/L), the Supplier is obliged to detect the suitability for intended purpose.
All material who sent to CMD, must be identified with identification label containing code, description, quantity, and if it has been required during the order of product compliance certification.
Any directive on quality product sent by CMD or by it customer to the Supplier, are regarded accepted by the Supplier and considered integral part of General Purchasing Terms sent when placing the order.
The Supplier, for the entire duration of the contract, is committed to maintain a constant quality of materials, products and/or parts provided; in addition, it is responsible for their quality and compliance to the ordered ones and it is required to provide for testing of them to ensure that are reliable anytime, of appropriate quality and comply with the technical requirements of CMD.
Upon agreement with the Supplier, CMD has the right to send their delegates to the Supplier’s plants and/or to the Supplier of the latter to view the procedures of test materials, products and/or parts before shipping and, if necessary, using control and test instruments property of the Supplier, made freely available by the latter.
The Supplier ensures the compliance of materials, products and/or any part of them, with the quality and commercial standards under General Supply Terms, ensuring their suitability for the purpose indicated by CMD and lack of manufacturing defects, and in particular:
Any complaints regarding faults and/or defects on materials, products and/or parts provided, will have to be reported by CMD to the Supplier within 90 days from discovering. This even if materials, products and/or parts provided have been processed and relative invoices were already paid.
If the faults and/or defects on materials, products and/or parts provided were noted near the customers of CMD after sale, the complaint of them must be made within the warranty period provided by CMD to its customers.
Whatever as previously provided, CMD is entitled to report any defects and/or hidden defects of materials, products and/or provided parts within 5 years from delivery.
CMD will charge to the Supplier the cost incurred to replace the materials, products and/or faulty parts provided until the 12th month deadline from delivery of these to the end user and in any case no later than 24th month from delivery to CMD.
Any compensation is not detected to the Supplier for the processing on products and/or parts to provide that are rejected due faults and defects of materials.
AQT and SEQU keep under control the ability of the suppliers to meet the needs of C.M.D. thanks to:
For the purpose, SEQU performs acceptance cycles control which involve different test criteria by the qualification level of the Supplier. Also, the Supplier is assessed considering commercial aspects, and so quality-price ratio, punctuality of deliveries, the entire shipped material.
SEQU performs different acceptance control on supplies depending on the importance of supply itself for the quality and qualification obtained by the Supplier. For the purpose, SEQU performs acceptance cycles control, which involve sampling to be used according to MIL-STD and control instruments to be used.
C.M.D. separate supplies per lots, corresponding to single deliveries. Each lot is tested according to specified criteria into acceptance control cycles, when it occurs a non-compliance on sampling, CMD will charge the costs of line stop and machine.
Also, CMD requests to the Supplier to make selections or make the lot as waste.
If the Supplier authorize the selection with written and signed communication by CMD, will be charged the selection costs.
The selections results will be:
Products for reprocessing will be reprocessed by CMD upon written request of the Supplier with charges of production or returned to the Supplier.
Compliance products will be accepted by the stock.
C.M.D. evaluates their Suppliers also based on commercial aspects as flexibility compared to quantities to order, the wide range of products, the quality/price ratio.
The results of this evaluation are expressed by ACQ and semi-annually analyzed and reported on Supply Form.
Considering the essential deliveries dates to a production scheduling, CMD monitors and considers them as measure of the Supplier itself.
If the late delivery should cause line stop and/or machine, CMD will have the right to charge the related costs to the Supplier itself.
In addition, it should be recalled that for the automotive Suppliers there is a 100% obligation of deliveries.
The Suppliers Automotive are more restrictive and are related to the application of the procedures P.P.A.P., 100% respect of deliveries dates, avoiding additional shipping costs, and if should be produced, must be reported to ACQ. However, despite those reports, ACQ makes a monthly formal request for this type of Suppliers in order to report additional shipping costs, valuating any costs as to quantities and types of delivered products.
For C.M.D. is essential the integrity of material shipping to receive and then to use the product avoiding that the material are tampered or damaged causing delays and production stops. Therefore, the packaging is monitored and considered as measure of the Supplier itself.
In the aspects mentioned above, CMD takes responsibility to the Supplier, subject to a specific request of CMD on the order, to find and choose the shipping type of products provided by it, if during shipping the product were damaged which affect its use causing line and/or machine stops, CMD will have the right to charge relative costs to the Supplier itself.
In order to meet the management and administrative requirements in addition to the normal data, the accompanying documentation must obligatory include:
The automotive Suppliers must respect deliveries dates 100%, avoiding additional shipping costs, if should be produced, must be reported to ACQ. However, despite those reports, ACQ makes a monthly formal request for this type of Suppliers in order to report additional shipping costs, valuating any costs as to quantities and types of delivered products.
1.5.12 DELIVERY TIME
Delivery time will be specified into single orders, to be determined in accordance between the Parties.
Delivery quantity and terms are mandatory, CMD reserves the right to accept overage to the program and order, delaying payment on the time limits originally planned.
Regarding penalties, we refer in the previous paragraph 188.8.131.52. Deliveries and as mentioned in General Supply Terms.