Quality Assurance Agreement
Railway Vehicle Industry
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 1 页 共 27 页
Content
1 GENERAL .............................................................................................................................................. 4
2 SELLER QUALIFICATION ........................................................................................................................ 4
2.1
QUALITY
SYSTEM ........................................................................................................................................... 4
.................................................................................................................................... 5
2.2
WELDING
CERTIFICATE
.................................................................................................................................... 6
2.3
OTHER
QUALIFICATION
3 QUALITY PLANNING ............................................................................................................................... 6
3.1
QUALITY
PLAN .............................................................................................................................................. 6
3.2
CONTRACT
KICK-OFF
6
3.3
DESIGN
CONTROL ........................................................................................................................................... 7
3.3.1 Design Review .................................................................................................................................. 7
3.3.2 Design Validation ............................................................................................................................. 8
3.3.3 Interface Management .................................................................................................................... 8
3.3.4 Technical Change ............................................................................................................................. 8
3.3.5（FMECA） ...................................................................................................................................... 9
3.3.6RAMS Analysis .................................................................................................................................. 9
4 SOFTWARE .............................................................................................................................................. 9
5 FIREPROOF ............................................................................................................................................... 10
6 RECORD ARCHIVES ............................................................................................................................ 10
7 PURCHASING ........................................................................................................................................ 11
............................................................................................................................. 11
7.1
SUB-CONTRACT OF
SELLER
7.2
SUB-SUPPLIER
LIST OF
SELLER .................................................................................................................... 11
7.3
MONITORING TO SELLER’S SUB-SUPPLIER BY
BUYER ........................................................................................ 11
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 2 页 共 27 页
8 PRODUCTION ........................................................................................................................................ 11
8.1
START
WORK
REVIEW .................................................................................................................................... 11
8.2
SPECIAL
WORK
PROCESS ................................................................................................................................ 12
............................................................................................................................... 12
9 INSPECTION & TEST
9.1
GENERAL OF
INSPECTION AND
TEST ................................................................................................................ 12
9.2
INSPECTION AND
TEST
PLAN ......................................................................................................................... 14
9.3
INSPECTION
&
TEST
INSTRUCTION ................................................................................................................. 15
9.4
INSPECTION
RECORDS
&
TEST
REPORT ............................................................................................................ 15
9.5
IMPLEMENTATION OF
INSPECTION AND
16
9.6（FAI） ................................................................................................................................................... 17
9.6.1 Pre-condition of FAI ....................................................................................................................... 17
9.6.2 FAI Implementation ....................................................................................................................... 17
9.7
RELEASE
INSPECTION ................................................................................................................................... 18
10 PACKAGING ........................................................................................................................................... 18
11 DELIVERY ........................................................................................................................................... 19
12 PRODUCT IDENTIFICATION AND TRACEABILITY ........................................................................ 19
12.1
PRODUCT
IDENTIFICATION ........................................................................................................................... 19
12.2
TRACEABILITY ........................................................................................................................................... 20
13 NON-CONFORMITY MANAGEMENT ................................................................................................. 20
14 LIABILITY ............................................................................................................................................... 21
15 ACCESS RIGHT, SITE SUPERVISION, PROCESS AUDIT ................................................................. 21
16 AFTER-SALES SERVICE ....................................................................................................................... 22
17 LIABILITY FOR BREACH OF CONTRACT ...................................................................................... 23
18 DISPUTE SETTLEMENT ..................................................................................................................... 27
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 3 页 共 27 页
1 General
In order to promote the supply and demand relations effectively, further clarify
the responsibility of both the supply and the demand parties, meet the procurement
business contract (hereinafter referred to as the contract) and technical specification
requirement, to ensure that the requirements of the railway and urban rail transport
security, comfort and on the dot operation, this agreement was formulated specially.
The enterprises those who are willing to become railway vehicle Co., Ltd.
qualified supplier, must sign the quality assurance agreement, and strictly comply
with them, or can't be company qualified supplier.
2 Seller Qualification
2.1 Quality System
The seller should be approved by the state certificated third part
ISO9001:2008(or the equal standard) quality management system certificate, or the
pass the other quality management system certificate, such as TS16949, IRIS etc.
When the buyer need or required additionally in contract and/or technical
specification, the seller should pass the related professional quality management
certification, such as EN15085, DIN6701 etc.
The quality management system is applied for various stage of the provided
product realization by sellers.
The seller should establish corresponding quality management system and
maintain the validity of the QMS before sign the assurance agreement. As well has
to pass the certification audit by the state approved third party and get the
corresponding certificate, and maintain the validity of the certification.
The establishment, utilize and third party certification has to be finished before
the sign of this agreement. During sign the agreement, the seller has to provide a valid
latest version QMS certificate (copy is ok). Within the effective period of the contract,
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 4 页 共 27 页
if the certificate changed, the seller should provide the latest version certificate to the
buyer (copy is ok).
When the seller’s QMS certification scope does not include its provided product,
the buyer is entitled to organize or authorize the third party to implement special QMS
audit to determine whether the seller has the capability to provide qualified contracted
products, and also entitled to suspend or cancel contract acc. to the audit status. The
audit expense will be borne by seller.
2.2 Welding Certificate
When the product involves welding process, no matter the welding work process
was borne by the seller itself or authorized to the seller’s subcontractor by seller, the
seller has to pass the corresponding level EN15985 “railway application-railway
vehicle and components welding” certification, obtain the certificate and maintain its
validity. When authorizes to the subcontractor of seller, the subcontractor of the seller
should pass the corresponding EN15085“railway application-railway vehicle and
components welding” certification, obtain the certificate and maintain its validity.
The seller or its subcontractor (only when seller authorize to its subcontractor)
should equipped with sufficient quantity welding engineers who have qualification,
welder and welding supervision engineer, implement supervision, inspection and test
during the welded product realization of the manufacturing process.
The seller should provide the valid latest version EN15085 welding system
certificate (copy is ok) to buyer. Within the effective period of the contract, if the
certificate changed, the seller should provide the latest version certificate to the buyer
(copy is ok).
When the seller’s EN15085 certification scope does not include its provided
product, the buyer is entitled to organize or authorize the third party to implement
special welding quality audit to determine whether the seller has the capability to
provide qualified contracted products, and also entitled to suspend or cancel contract
acc. to the audit status. The audit expense will be borne by seller
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 5 页 共 27 页
2.3 Other Qualification
The seller has to obligation to obtain the other certificate, proof and qualification
records and state or industry required compulsory certificate which regulated in the
contract or technical specification by the buyer.
3 Quality Planning
3.1 Quality Plan
The seller should make quality plan acc. to contract or technical specification
requirements, the contract and form of the quality plan should meet ISO10005:2005
standard. The plan should be basic on detail manufacturing and inspection plan. All
listed supply scope in the contract and technical specification should be included in
the quality plan.
The quality plan should be approved by buyer before the fist article production
or 30 natural days whatever occurs first) after the contract was signed.
To the suggestion of the quality plan which the buyer proposed, the seller should
implement necessary modification and re-provide to buyer after 14 natural days from
receive seller’s modification suggestion, until the quality plan was approved. To the
quoted seller’s quality system documents (if there’s work procedure, management
system etc.) in the quality plan, the buyer have right to require the seller to provide it
for audit when they think it’s necessary; have right to propose related suggestions, the
seller should implement necessary change to the involved documents and implement
acc. to updated documents during the contract implementation period.
3.2 Contract Kick-off Meeting
With 15 natural days after the contract signed and put into effect or regulated in
the technical specification additional, acc. to the technical complexity of the purchase
product, the buyer is entitled to require the seller to hold contract kick-off meeting in
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 6 页 共 27 页
seller’s location or the agreed location by both parties.
The contract kick-off meeting includes but not limit the following contents, the
supply and demand party should confirm acc. the contract actual status:
a）Both parties confirm the interface and information transfer procedure together.
b）Review the contract item by item to confirm both parties have the consistent
understanding.
c）Review the project plan, project implementation master plan, development
process note review plan
d）Evaluate the delivery delay risk and quality risk, analyze the influence of
technical transfer to project schedule
e）Review the first article trial production plan, localization plan, seller product
quality dept etc.
3.3 Design Control
Before signing the contract, the seller has obligation to review the obtained
contract, technical specification and related technical documents from the buyer. If
there’s any error or omission, should inform the buyer in written form in time and
require the buyer to amend the contract or the give explanation to the unclear or
incomplete content. The buyer should give in time response to the seller’s suggestion.
3.3.1 Design Review
The seller carry out the contract product design and development (including joint
design and secondary development), the seller shall implement the design review
process according to the buyer requirements, the buyer is entitled to acc. to demand to
take part in the design review process.
If the buyer needs the seller to execute special form design review (such as
design & quality), it should be negotiated by both parties.
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 7 页 共 27 页
3.3.2 Design Validation
The seller should implement design validation group, the design validation result
should be accepted by the buyer in written form. The buyer is entitled to take part in
the design validation acc. to its demand.
The seller should acc. to contract requirement and technical specification to
create all necessary documents, drawing, calculations and analysis etc.. And the buyer
should acc. to the contract requirement and technical specification or the agreed
period to submit it for the buyer’s approval.
3.3.3 Interface Management
The seller should carry out interface management during design and
development process. The interface management should cover the regular items
(such as mechanical interface, electrical interface, EMC etc.) in of buyer and
seller and seller’s subcontractor interface. After the contract was signed and take
into effect, the seller should create the interface documents within 4 weeks,
identify all the interfaces, point out the partner of the interface, list related
specific specification and establish the joint of inspection & test plan as well. The
interface document has to be reviewed and approved in written form by whom is
related with the interface. The interface documents should be agreed between
buyer and seller, and the agreed interface document should be approved in written
form by buyer.
3.3.4 Technical Change
The seller should establish the process to clarify the change process management,
the seller should keep a technical change list to ensure the effective identification of
change, and implement appropriate review, verification and confirmation to technical
change. The review of technical change should include: evaluate the influence of the
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 8 页 共 27 页
technical change to the components of product and delivered product. And obtain
the approval from buyer before implementation. The related records of technical
change should be kept.
3.3.5（FMECA）
The seller should implement FMECA within the design and development
framework of the provided product, acc. to contract or technical specification
requirement or agreement of both parties, the seller should submit the analysis data to
buyer for vehicle analysis preparation; specific requirement implement acc. to
contract and technical specification.
3.3.6RAMS Analysis
The seller should acc. to contract or technical specification requirement to
implement RAMS analysis, and provide the analysis report to buyer. Details should
acc. to contract and technical specification to implement.
4 Software
When the contract products include software, the seller should acc. to contract
and technical specification requirement or supply and demand parties agreement, and
EN50128 to implement software management.
The seller should acc. to contract and technical specification requirement or
supply and demand both parties agreement to make software quality management
plan which used for software supply and service, and get written form approval from
buyer within 60 natural days after the contract signed and took into effect or acc. to
contract and technical specification requirement or within the agreed period by supply
and demand parties.
The plan should describe the used organization and approach which ensure
software meet the agreed quality requirement during the process of seller creating and
verifying software. The plan should include: software module test, the deadline of
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 9 页 共 27 页
comprehensive test and function test during software in the simulation lab.
The buyer shall have the right to propose suggestion to the content of plan, they
seller shall be fully considered and acc. to the buyers suggestion to carry out
necessary adjustment. And re-provide to buyer after 14 natural days from receive
seller’s modification suggestion, till the quality plan was approved.
The seller shall acc. to contract and technical specification requirement or the
supply and demand both parties agreement to definite the items of quality control,
inspection and test during the software development process. The seller shall invite
buyer to participate in the corresponding note, when it’s necessary, the buyer shall
have right to invite the third party implement supervision to the software development.
When it’s not required in contract or technical specification requirement, all expense
of inviting the third party for supervision will be borne by seller.
5 Fireproof
The seller shall acc. to contract or technical specification requirement to
implement product fireproof requirement, and provide the non-metallic material list,
fireproof rating form and fireproof certificate for buyer’s confirmation.
Unless there’s additional regulation in contract or technical specification, the
seller should choose test institute who has qualification to implement related fireproof
property test, the selected test institute should be declare to buyer and get buyer’s
written form agreement during sign of technical specification.
6 Record Archives
The seller should have necessary description to the category, scope and retention
period of quality records in the quality system documents. Unless there’s additional
regulation in contract or technical specification, the seller is bound to keep quality
records for at least 20 years after products were delivered, but not beyond the
regulated life span of contract product.
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 10 页 共 27 页
7 Purchasing
The seller shall ensure that all buyer’s requirements have been transferred and
can be implemented (include but not limited in related quality system requirement,
inspection and test, incoming inspection, when necessary, audit to subcontractor) by
its subcontractor.
7.1 Sub-contract of Seller
For the work which should be completed by seller is not allowed to subcontract
without prior written form approval of buyer.
7.2 Sub-supplier List of Seller
The seller shall provide the main subcontractor list of its purchased products
after contract was signed and before FAI. The list at least shall include the supplier’s
basic information overview, qualification and supply performance etc. information.
The buyer shall have to right to put forward doubt to the subcontractor qualification,
and the seller should fully affirm its qualification, when necessary, replace with the
supplier who can meet the buyer qualification requirement.
7.3 Monitoring to seller’s sub-supplier by Buyer
The buyer shall have right to take part in the subcontractor assurance capacity
review, FAI, on-site supervision audit etc. which organized by seller.
8 Production
8.1 Start Work Review
Before production, the seller shall implement comprehensive review to the
preparation status of production components, provide start review report to buyer for
audit. The buyer shall have right to put forward suggestion and verify the content of
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 11 页 共 27 页
the start review report. As well the seller should ensure that during the whole project
implementation process all components is consistent with the status of start review.
8.2 Special Work Process
The seller internal special process list( include but not limit in welding,
nondestructive test, powder coating, casting, forging, heat treatment, electrical plating,
glueing, adhesive and terminal crimping etc.)and quality control method(include but
not limit in personnel qualification requirement, raw material and parts requirement,
environment requirement, construction process control procedure, equipment
requirement, inspection and test requirement) should be provided to buyer for review,
after obtaining the buyer written approval, then it’s allowed to start production.
9 Inspection & Test
9.1 General of Inspection and Test
The seller should acc. to contract and technical specification requirement to
implement inspection and test and ensure the contract product meet requirement. The
buyer and final user shall have right to implement supervision and inspection to the
production process of product provided by seller.
If the buyer think it’s necessary, the seller shall implement inspection and test
within the vehicle scope at buyer or final user location, test expense should be borne
by seller.
When the buyer take part in inspection and test, the seller should inform buyer in
written form in a reasonable period before the inspection and test, and confirm the
final inspection and test implementation date by both parties. PRC overseas( includes
Hongkong, Macao, Tanwan etc. area) at least in advance 28 work days, in PRC
( excludes Hongkong, Macao, Tanwan etc. area) at least in advance 10 workdays.
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 12 页 共 27 页
During inspection and test, when found the product quality does not meet the
contract and/or technical specification regulation (include the package unsuitable etc.),
the buyer shall have right to put forward suggestion, the seller should fully consider
and implement action to ensure the delivered product quality.
If there’s any change of delivered contract product, the seller should implement
all necessary inspection and test to the changed product.
The seller should be borne all the expense (include travel expense of buyer
journey, corrective action and repeat measurement expenses) caused by failure of
inspection and test and be responsible for it. Due to seller’s responsibility not meet the
requirement and result in buyer implement any repeated inspection and test, all cost
caused cost will be borne by seller.
The buyer shall have right to obtain all inspection and test document (test
records/test report/inspection certificate etc.) of contract product, unless there’s
additional requirement in contract or technical specification, all provided inspection
and test document and related records by seller should be Chinese version or Chinese
and English version.
The seller shall provide related product and service records, detail records should
include but not limited in the following contents:
a）type test report
b）routine test report
c）dimension and manufacturing process inspection report
d）welding seam(X ray and penetration test) inspection report
e）Special process confirmation ( such as : surface treatment, welding and
adhesive) report
f）Material and fireproof test report
g）shock and vibration resistant test report
h）resistant of climate change test report
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 13 页 共 27 页
i）type test report after component change( if have)
9.2 Inspection and Test Plan
The seller should make inspection and test plan before production or within 4
weeks after signed the contract and take into effect (whichever occurs first).
Inspection plan should cover all regulated product and service which agreed(if have)
in contact and technical specification
The inspection and test plan should be approved by buyer in written form. The
buyer shall have right to put forward suggestion, the seller should acc. to buyer’s
suggestion to implement necessary adjustment to the plan. And re-provide it to buyer
within 14 natural days after receive the buyer’s suggestion, till the plan approved by
buyer.
The approved inspection and test plan, as the basis of all inspection and test and
related documents, any change of the inspection and test plan have to be implemented
after negotiation with buyer and get its written approval.
Inspection and test plan at least should include the following contents:
a）process flow chart
b）Inspection and test category (type test, routine test, FAI, batch acceptance)
c）Inspection and test objective (name, drawing No. and article No.)
d）Inspection item and test planning
e）basis documents ( necessary doc. , drawing)
f）used test records by internal and user
g）the executive dept or related party of inspection and test
h）inspection and test items taken part in by buyer and user
i）After the inspection and test plan approved by buyer, the buyer will take part in
the listed items in the inspection and test plan
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 14 页 共 27 页
9.3 Inspection & Test Instruction
The seller should create inspection and test instruction of every item listed in the
inspection test plan, include type test and routine test.
The inspection and test instruction should include but not limited the following
contents:
a）scope and purpose
b）the hardware and software which consist of test equipments
c）the measure instrument and sample
d）the detail description of inspection and test method
e）the data obtain and analysis method
f）Inspection and test documents which have traceability
g）acceptance and reject standard
h）Inspection time, location, inspector
The inspection and test instruction should obtain buyer written approval in
advance 30 natural days before test.
9.4 Inspection Records & Test Report
The inspection records shall specify the corresponding relation with product each
other clear, record the comparable data, actual data, and tolerance of performance
parameter, any nonconformities shall be recorded.
The test report shall at least include the following contents:
a）test basis;
b）location, data, person in charge ；
c）type of inspection and test ；
d）Procedure；
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 15 页 共 27 页
e）Equipment of inspection, measure and test；
f）test condition, configuration, environment( eg. temperature)；
g）test result；
h）Conclusion and advice；
Type test report and first article routine test report should be provided to buyer
within 14 natural days after test was finished
The seller should provide product or system certificate which accord with
EN10204 standard 3.1 term requirement.
The regulated retention period in Chapter 6 is applied for the inspection and test
document which regulated in inspection and test plan.
9.5 Implementation of Inspection and Test
Unless otherwise stipulated in the contract or technical specifications, when
buyer may wish to participate in a quality control and inspection /test process, need to
request seller in advance, acc. to the agreed schedule to implement. If the seller
implement in advance without written notice to buyer, the buyer shall have right to
request re-implement related processes, and the related expense shall be borne by
seller.
The seller shall provide necessary support to the preparation and implementation
of inspection and test.
When the buyer need, the seller shall provide to the buyer the suitable inspection
and test location, the necessary measurement charts, inspection and test procedures,
measuring and test equipment and other necessary resources.
The seller must carry out inspection and measuring work, and ensure that the
inspection and test be implemented by the qualified personnel, these staff should have
necessary knowledge and skill for the inspection preparation and inspection,
evaluation test and report creation.
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 16 页 共 27 页
9.6（FAI）
9.6.1 Pre-condition of FAI
The FAI product must be produced under batch production condition.
Quality plan, inspection and test plan has already been submitted and approved
by the buyer.
Product design has been frozen, drawings and technical specifications has been
submitted to buyer design dept for confirmation.
The welding qualification and welding document has been confirmed by buyers.
Project contract and required test in its accessories has been completed, and the
test report has been submitted to buyer.
Type test planning has been approved by buyer and (or) stated related dept, and the
type test report has been confirmed by buyer, for the delay of type test has to be
approved by buyer.
The stipulated routine test planning has approved by buyer and state related dept,
and the routine test has been completed, and routine test report has been confirmed by
buyer.
The seller’s pre-FAI has been finished, and the existing problem has been solved,
and the report has been submitted to buyer.
9.6.2 FAI Implementation
The seller should ensure that the quality status of batch production product is
consistent with the first article. The seller should submit the written form FAI
application to buyer in advance 20 natural days before FAI; and submit all related
documents listed in the term 9.6.1 of the agreement. After the buyer review all
submitted documents and proof and confirm that there’s FAI condition, only the seller
receive the written form notice form buyer, then can implement FAI, otherwise the
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 17 页 共 27 页
FAI can’t be implemented.
The product which didn’t pass the welding FAI by buyer, any process such as
painting and anti corrosion which influence the FAI can’t’ be implemented.
The buyer shall not receive the batch product which didn’t pass the FAI.
If due to the seller’s responsibility and the FAI not passed, all expense (include
the travel expense of buyer related staffs) caused in the re-FAI will be borne by seller.
9.7 Release Inspection
Whether need to implement release inspection or not will be confirmed by
contract and /or technical specification. If the contract and technical specification is
unclear, whether need release inspection or not will be decided by buyer.
Before the delivery of the products which need the release inspection, the seller
should apply and pass the release inspection. The buyer shall have right to reject the
product which not implement or pass release inspection.
The release inspection application should be submitted to buyer in advance 7
natural days before delivery date of every batch.
The seller should make separate quality certificate in every release inspection
application. The quality certificate content shall be consistent with the product in the
packing list.
Only when all inspection, test and non-conformity of product was solved
efficiently, then buyer can make release quality certificate.
10 Packaging
Packing confirmation as one of the FAI items, the buyer shall have right to put
forward reasonable opinion, the seller should fully considered and implement
necessary action to ensure meet buyer’s requirement.
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 18 页 共 27 页
The packing confirmation of buyer will not cause the transfer of quality
responsibility.
The buyer has right to reject the provided product if the packing not meet buyer’s
requirement.
11 Delivery
During product delivery, the seller shall submit the following documents under
the premise that it is conformity with contract requirement:
Declaration of conformity which is conformity with term3.1of DINEN10204;
Quality records and test report (the item put forwarded by buyer acc. to
inspection and test plan the content)
Technical change implementation list (especially the change from buyer)
If individual or some of the delivered product has defects, the buyer shall have
right to reject the whole batch of product.
12 Product Identification and Traceability
12.1 Product Identification
The product which will be provided to buyer, the seller should use the unique
identification. The seller should provide a detail identification and traceability control
plan to buyer for confirmation.
The identification of product must be clear and permanent. The position of the
identification should be in clear position and is not easy to be moved and removed.
Unless otherwise stipulated in contract and/or technical specification, the
identification language should be Chinese or Chinese and English.
The identification should at least include the following contents:
a）Product name, manufacturer, production date;
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 19 页 共 27 页
b）Product Version (hen necessary, software version);
c）Product article No., Serial No., Specification, batch No.
d）The main technical data of product
As a result that product size or structure causes identification can’t reach the
above requirement, the seller should put forward detail statement in advance 10 work
days before the first delivery and get the buyer’s written approval.
12.2 Traceability
The seller should establish traceability management system of product to ensure
it has the ability to provide the following records at any time:
a）Recorder bills
b）Reliable traceability (recorded in seller’s own documents)
c）Related document name, content and location which used for product
manufacturing
d）Manufacture date of main part;
e）Change records;
f）Record the way of accepting non-conformity;
g）Inspection and test content, test certificate
The seller should keep related serial No. and batch No. list of all delivered
product, when the buyer request, it can be submitted to buyer at any time,
corresponding retention period acc. to chapter 6 of the agreement to implement.
13 Non-conformity Management
The seller shall provide the product which without defects and be conformity
with contract and technical specification, and related standard requirement, these
product should have pass complete inspection and test, and be conformity with
requirement and specification.
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 20 页 共 27 页
If it can’t conform to the specified requirements, the buyer shall have the right to
acc. to non-conformity situation (quality and influence degree) to return all or part of
the delivered product. The isolated or reworked products, when re-delivery, have to
use special method to identify.
The buyer should acc. to quality system requirement to deliver product and
check whether the product has obvious damages during the transportation. This kind
inspection can be supplemented irregularly during incoming or the delivery inspection
before the goods leave seller’s location.
For the nonconformity mentioned by buyer, the seller should give response
within 2 work days since receive the notice, analyze the root cause of problem and
take active action to eliminate nonconformity. Take necessary action to avoid the
nonconformity happen again.
When the buyer put forward that it is necessary to take corrective/preventive
action to the nonconformity, the seller should make complete corrective/preventive
action solution within 3 work days and submit to buyer for approval. After
implementation of corrective/preventive action, the buyer shall have right to check the
implementation status of corrective/preventive action.
14 Liability
When applied, in order to allow product batch production and supply and service,
the seller should undertake technical responsibility in its supply & service scope.
The inspection and test and its result can’t remit the product quality liability
stipulated in the contract. And the seller has no right to request any refund fee and
compensation to the buyer.
15 Access Right, site Supervision, Process Audit
During the valid period of contract, within advance notice, the seller shall have
right to access seller or its subcontractor area which is related to the contract product
realization process in normal work time. And should also allow buyer to inspection
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 21 页 共 27 页
the product, service and document which is related to contract.
The buyer shall have right to implement supervision at contract product
production location. As earlier as possible to find the possible existing quality
problem or risk during production. The seller should coordinate actively to ensure
qualified purchased product access buyer’s location for vehicle assembly and use.
During on-site supervision, if the purchased product have continuous failure (the
consecutive failure is : 10% or more product have failure in same type goods or parts
in the same production batch) or quality problem and affects the project schedule, all
expense(include but not limit in cost of labor, travel and accommondation) caused
during site supervision will be borne by seller.
The seller shall provide the necessary inspection and test equipment, staffs,
traffic equipment, office location etc. which used for the implementation of process
supervision.
When the buyer think it’s necessary, the buyer shall have right to implement
process audit in seller and its subcontractor location, and acc. to result of process
audit to decide whether suspend the contract or cancel the seller’s supply
qualification.
16 After-sales Service
Since the delivery of product, the seller should provide enough after-sales service
resource, include staff, equipment, measure instrument an sample, spare parts etc. the
related after-sales staff should have sufficient skill to ensure the effective
implementation of after-sales service.
The buyer shall have right to acc. to its own inspection and test result to request
the repair or replace defected parts. Except for the agreed situation, the seller should
arrive the required location within 24 hours after receive the buyer’s inform. And
finish the repair or replacement work within 2 natural days after arrive the required
location.
For the case that the seller didn’t arrive or finish the failure handling within
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 22 页 共 27 页
required date, the buyer shall have right to arrange its own staff or other person to
deal with the failure, all caused expense will be borne by seller.
If it belongs to new product, when the product arrive the buyer’s factory, at the
same time, the seller after-sales service staffs have to arrive buyer’s location with
necessary tools and components to ensure the buyer can implement normal production,
and acc. to contract requirement to provide corresponding mounting training.
Due to the seller's reason appeared quality problem, if the seller can’t provide
immediate remedial work, the buyer shall have right to set a reasonable grace period.
If the seller can’t finish stipulated work within required period, or give up the
following work, the buyer shall have right cancel all or part of the order which have
problem, or reduce the purchasing price. In this case, the buyer will correct the
problem by itself, or arrange other person to correct problem, expenses shall be borne
by the seller. And depending on the influence degree of the problem to buyer, the
seller will bear at least 1000 penalty (upper limit acc. to contract requirement)each
time.
In case of continuous failure, the seller shall repair the damaged products by
itself within the life cycle of product, and replace all same type of parts, include those
good performance parts. Besides, the seller should also bear at least 2000RMB
penalty (upper limit acc. to contract requirement) each time.
If within the quality warranty period, any contract seller’s product leads to the
buyer’s product have accident, and the used claim the buyer, the seller should make
up for the deficiency immediately and bear all loss and expense.
17 Liability for breach of Contract
When the amount of liquidated damages, losses, expensed, fine etc. agreed in the
above terms occurs, the buyer can deduct the deposit of quality warranty directly.
When the quality warranty deposit is not enough, if the contract price was not paid,
then it will be deduct from the contract price. If the contract money was paid, the
deduction will be required to pay from seller, till the termination of contract and
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 23 页 共 27 页
cancel the seller’s supply qualification. When deduction, the buyer will notify the
seller in written form as the basis of penalty. If the seller has an objection to the
contents of the notice, must feedback within three natural days after receiving the
notice. Or will be considered have accepted. The deducted money, the seller shall not
be further recovery.
The specific penalty rules as following:
a）Due to the seller’s liability caused special major accident, serious accident,
larger accident and general class A accident, will acc. to authorized administrative
institute relevant decision to investigate responsibility.
b）Due to seller’s responsibility caused general class B accident, the buyer shall
have right to decide to impose 500,000 RMB penalty for each item to the seller; or
acc. to the caused economic loss and the economic claim compensation required by
final user from buyer, and acc. to the proportion of the responsibility of seller to
calculate the economy punishment to seller.
c）Due to seller’s responsibility caused general class C accident, the buyer shall
have right to decide to impose 300,00RMB penalty for each item to the seller; or acc.
to the caused economic loss and the economic claim compensation required by final
user from buyer, and acc. to the proportion of the responsibility of seller to calculate
the economy punishment to seller.
d）Due to the seller’s responsibility caused general class D accident, the buyer
shall have right to decide to impose 200,00RMB penalty for each item to the seller; or
acc. to the caused economic loss and the economic claim compensation required by
final user from buyer, and acc. to the proportion of the responsibility of seller to
calculate the economy punishment to seller.
e）Due to seller’s responsibility caused the delivered vehicle return to factory (8
or more), will acc. to the caused economic loss and the economic claim compensation
required by final user from buyer, to the proportion of the responsibility of seller to
calculate the economy punishment to seller.
f）Due to seller’s responsibility caused 50,000 or more direct economic loss, to
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 24 页 共 27 页
the proportion of the responsibility of seller to calculate the economy punishment to
seller.
g）Due to the provided product have batch nonconformity/unqualified (every
time due to seller’s responsibility cause 10% of the delivered batch unqualified, the
same below) during inspection (include incoming inspection, release inspection, the
same below), the buyer will impose 5000—10,000 RMB penalty to seller, if the
penalty is not enough for the caused loss to the buyer, the seller should compensate
the balance.
h）Due to the provided product from seller still have batch nonconformity after
repair, the seller will be imposed 10,000—20,000 RMB penalty for each time. If the
penalty is not enough for the caused loss to the buyer, the seller should compensate
for the balance.
i）Due to quality problem during last inspection appears again in this inspected
batch of the provided same products from seller, the seller will be imposed
10,000—20,000 RMB penalty for each time. If the penalty is not enough for the
caused loss to the buyer, the seller should compensate for the balance.
j）Due to the provided product from seller have same quality problem and lead to
be transacted (twice or more) special release continuously, the seller will be imposed
10,000—20,000 RMB penalty for each time. If the penalty is not enough for the
caused loss to the buyer, the seller should compensate for the balance.
k）Due to the related inspection and test report, quality certificate etc. quality
assurance documents which provided by sell are not complete, and affects the
production and quality inspection, the seller will be imposed 5000RMB penalty, if the
penalty is not enough for the caused loss to the buyer, the seller should compensate
for the balance.
l）Due to seller provide false test and inspection report, quality certificate etc.
technical quality documents, the buyer will impose 50,000RMB penalty from the
seller for each time and cancel its supply qualification. If the penalty is not enough for
the caused loss to the buyer, the seller should compensate for the balance.
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 25 页 共 27 页
m）
After the FAI have been confirmed, when the buyer arrived seller’s site to
implement FAI and found it doesn’t have FAI condition, the seller will be imposed
5000RMB penalty for each time, if the penalty is not enough for the caused loss to the
buyer, the seller should compensate for the balance.
n）Due to seller’s liability and caused FAI not passed for continuous two times,
the seller will be imposed 1,000RMB penalty, if the penalty is not enough for the
caused loss to the buyer, the seller should compensate for the balance.
o）Due to the seller didn’t acc. to plan to correct the problem which mentioned
during the FAI by buyer, the seller will be imposed 1000RMB penalty for each item,
if the penalty is not enough for the caused loss to the buyer, the seller should
compensate for the balance.
p）After the seller’s product delivered to buyer site, the mentioned problem
during FAI still exist, the seller will be imposed 10,000 RMB penalty for each item, if
the penalty is not enough for the caused loss to the buyer, the seller should
compensate for the balance.
q）Due to the seller didn’t acc. to plan correct the problem which mentioned
during process audit, the seller will be imposed 1000RMB penalty for each item, if
the penalty is not enough for the caused loss to the buyer, the seller should
compensate for the balance.
r）Due to the seller’s liability caused by the product batch scrap, but the direct
economic loss is less than 50,000 RMB, the seller will be imposed 5000—10,000
RMB penalty for each time, if the penalty is not enough for the caused loss to the
buyer, the seller should compensate for the balance.
s）Due to seller product appears quality problem during vehicle operating, and
the seller didn’t handle in time. The seller will be imposed 10,000—20,000RMB
penalty for each time. If the penalty is not enough for the caused loss to the buyer, the
seller should compensate for the balance.
If the seller products exists quality problem which regulated in this agreement
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 26 页 共 27 页
and delay the delivery to the buyer, and this lead to the buyer delay the delivery to
final customer, then the undertaken liability for breach of contract by buyer because
of the delivery delay, the seller shall compensate for it.
The above penalty rules refers special major accident, serious accident, larger
accident, general class A/B/C/D accident: see MoR 《Railway Traffic Accident
Handling Rules》, non-railway passenger accident punishment rules acc. to this
standard to implement.
18 Dispute Settlement
All arising disputes of the quality assurance agreement will be solved through
negotiation. When negotiation doesn’t work, acc. to dispute resolution clause of
purchasing business contract to settle the dispute.
Contract No.： Seller Signature：
SAP No.：A12162003 Buyer Signature：
第 27 页 共 27 页
本文发布于:2024-09-23 20:09:22，感谢您对本站的认可！
本文链接：https://www.17tex.com/fanyi/18152.html
版权声明：本站内容均来自互联网，仅供演示用，请勿用于商业和其他非法用途。如果侵犯了您的权益请与我们联系，我们将在24小时内删除。
| 留言与评论（共有 0 条评论） |
豫公网安备41160202000603
站长QQ:729038198
关于我们
投诉建议