Purchasing Terms and Conditions
Clauses:
1. Supplier notification is required in cases of nonconforming product, including arrangements for Entrepix approval of supplier nonconforming material.
2. Supplier notification is required for changes in product and/or process definition including, where required, per Entrepix approval.
3. The supplier will flow down to subtier suppliers the applicable requirements in the purchasing documents, including key characteristics.
4. Certification(s) of Compliance to all applicable specifications if requested by Entrepix.
5. Right of Entry shall be granted to Entrepix, its customers, and regulatory authorities, to all facilities involved with the order and to all applicable records, for the purpose of monitoring product quality.
6. Records resulting from the processing of this order shall be retained for a minimum of seven (7) years after completion of Entrepix’s customer’s contract, or as otherwise required by that customer.
7. Supplier responsible for Lost or Damaged Product
8. Supplier performance; Entrepix will evaluate and record the supplier(s) ability to meet contractual requirements, including product characteristics, specifications, on-time delivery, completion of documentation, and responsiveness to corrective actions. Entrepix reserves the right, at our discretion, to approve and/or disapprove a supplier for lack of performance.
9. Supplier Quality System; a Quality System which assures compliance with supplied documentation, including the purchase order, drawings, MOT, and specifications. A system that complies with ISO 9001, AS9100, and/or Nadcap preferred. Entrepix will validate the supplier Quality System status by confirming the sustained certification approval, quality surveys, and/or on-site surveillance audits.
10. Prevent the use of counterfeit parts (see 8.1.4 of the AS9100D / ISO 9001:2015 Standard)
11. Ensure that persons / employees are aware of:
- their contribution to product or service conformity
- their contribution to product safety, and
- the importance of ethical behavior
12. Suppliers will maintain an approved calibration system (where applicable) which ensures valid measurements within the appropriate accuracy and is traceable to the NIST.
13. For Calibration Suppliers; ISO 17025 Certified preferred. Calibration Certificates must identify standards used and must be traceable to NIST (National Institute of Standards Technology).
14. Conflict Minerals: No products sent to Entrepix Inc. shall contain any products sourced from the DRC and Unapproved Smelters by using the most up to date S.E.C. listing of approved smelters by the U.S. Government. Seller (distributor, manufacturer, vendor, seller etc.) must have performed Due Diligence to confirm that the products shipping to Entrepix Inc. do NOT contain Conflict Minerals as defined by Section 1502 of the Dodd-Frank Act including Section 13(p) of the S.E.C. Act of 1934 < https://www.sec.gov/files/rules/final/2012/34-67716.pdf
15. REACH/RoHS
REACH stands for Registration, Evaluation, Authorization and Restriction of Chemicals. It entered into force on June 1, 2007. REACH is a regulation of the European Union, adopted to improve the protection of human health and the environment from the risks that can be posed by chemicals, while enhancing the competitiveness of the EU chemicals industry. In principle, REACH applies to all chemical substances; not only those used in industrial processes but also in our day-to-day lives, for example in cleaning products, paints as well as in articles such as clothes, furniture, and electrical appliances. Therefore, the regulation has an impact on most companies across the EU.
REACH places the burden of proof on companies. To comply with the regulation, companies must identify and manage the risks linked to the substances they manufacture and market in the EU. They must demonstrate to ECHA how the substance can be safely used, and they must communicate the risk management measures to the users. If the risks cannot be managed, authorities can restrict the use of substances in different ways. In the long run, the most hazardous substances should be substituted with less dangerous ones.
The RoHS Directive currently restricts the use of ten substances: lead, cadmium, mercury, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE), bis(2-ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP).
The rise in the production and use of electrical and electronic products, such as mobile phones, computers, and kitchen appliances, has resulted in an increasing volume of electrical and electronic waste. During the use, collection, treatment and disposal of such waste, products may release harmful (hazardous) substances such as lead, mercury, and cadmium, which can cause major environmental and health problems.
To address such challenges, EU laws restrict the use of certain hazardous substances in electrical and electronic equipment through the RoHS Directive. All products with an electrical and electronic component, unless specifically excluded, must comply with these restrictions.
Entrepix suppliers must make themselves aware of both the SVHC and Restricted Substances list and conform to the requirements of both REACH and RoHS to maintain their compliance with those initiatives.
16. Cal Prop 65: The California Safe Drinking Water and Toxic Enforcement Act of 1986, commonly referred to as “Proposition 65” or “Prop 65”, is a right-to-know law that is unique to the State of California. The goal of Prop 65 is to ensure that individuals in the State of California are informed about possible exposure to chemicals “known to the State of California to cause cancer and/or reproductive toxicity.” Under the law, the California Office of Environmental Health Hazard Assessment (“OEHHA”) is tasked with maintaining a list of chemicals and updating the list at least annually.
To date, there are over 900 chemicals listed by OEHHA, which list can be found at https://oehha.ca.gov/proposition-65/proposition-65-list. Historically, only manufacturers of end products had an obligation to notify Californians about significant amounts of chemicals in the products they purchase for their homes or workplaces. In late 2016, OEHHA adopted new regulations that went into effect on August 30, 2018.
Proposition 65 now applies to suppliers of components used in end products to ensure that information about chemicals used in the components is communicated to Californians who might encounter the chemicals during the development, manufacture, or use of the end products.
To comply with Prop 65, Entrepix suppliers (including manufacturers, distributors, and retail sellers) shall provide a “clear and reasonable” warning for listed chemicals unless exposure is low enough to pose “no significant risk” of cancer or is significantly below levels observed to cause birth defects or other reproductive harm. (A Prop 65 warning does not necessarily mean a product is in violation of any product-safety standards or requirements).
17. ITAR: Upon completion of performance and expiration of the recordkeeping obligations under the purchase order, at the request of Entrepix Inc., the seller and its suppliers shall destroy or return to Entrepix Inc. all technical data by means suitable to satisfy the ITAR security requirements of Entrepix Inc. Destruction applies to both physical and electronic copies of technical data and including archived copies.
Last Revised and Effective April 2024