GENERAL TERMS AND CONDITIONS OF PURCHASING - PLANT FOR OPTICS

1. PACKAGING AND PRESERVATION
Finished parts shall be adequately protected to prevent damage during handling and shipment to OEG/PFO. Also, the packed parts into protected boxes must have label with information (purchase order number, article, number of pieces). Over or under shipment only after OEG’s / PFO’s written acceptance.

2. CERTIFICATE OF CONFIRMANCE
All supplies should be accompanied by a certificate of conformance, also measurement reports, issued by the seller certifying that the supplies was manufactured in accordance with requirement of the spec purchase order (P.O).

3. DELIVERY SCHEDULE
The supplier’s obligation is to deliver the supplies according the agreed schedule.

It is hereby agreed that the delivery of the supplies by the supplier at it’s due date, as agreed in the schedule and delivery dates, is a fundamental condition of the order/agreement. The seller is not authorized to deviate from the quantities ordered unless specifically mentioned in the order.

Should the supplier come to knowledge that the delay in the supplies is foreseen or another violation of the order is foreseen, he must notify immediately in writing to the buyer at least 10-14 days ahead from the supplies due date. The supplier must indicate the reasons that caused the delay in supply as well as the estimated date of the supply. In case buyer will be provided a stop work order for this program by it’s customer, such order will apply for this purchase order.

4. QUALITY REQUIREMENTS
The seller agreed that:
– no goods or services shall be supplied with any defective materials, workmanship or design. That the goods and/or services are guaranteed to be manufactured under normal work procedures, according to the required instructions and standards, and that the raw material used by the seller comply with requirements of the relevant standards and are without defect or flaw.

– the goods / services ordered under this purchase order shall meet all requirements listed in the purchase order including attached technical specifications and relevant standards. In case the item ordered is a seller’s catalog item, it shall meet the specification of the seller’s catalog valid at the time of the P.O. issue.

– the goods / services will be supplied without defect or flaw after they have passed the seller’s quality inspection.

5.WARRANTY PERIOD AND SETTLEMENT OF THE CLAIM
The warranty period shall not be less than twelve (12) months (unless a longer warranty period has otherwise been agreed upon in terms of the purchase order or in other applicalble P.O. documents). The warranty period shall begin from the date of receipt of the goods and or/services by the buyer and after approval of the goods/services by the quality control unit of the buyer (acceptance of the goods).

The seller shall repair or replace each defective item in the shortest possible timeframe and no later than the timeframe agreed upon with the buyer in accordance with the relevant circumstances.

Any costs for repair /replacement and shipment of the defective item shall incurred by the seller. The defective items shall be held at the disposal of the seller for return and replacement at it’s own expense. Upon buyer’s request, the seller shall promptly provide the buyer with a “return of material authorization” number (RMA) and the account number of the seller’s courier company in order to cover the cost of the shipment of the returned goods. The warranty period after repair/replacement shall be less than six (6) months from completion of the and or/ replacement of the defective item, or the remaining warranty period, whichever the longest the countdown of the warranty period shall be stopped at the time RMA request is issued.

Inspections made by the buyer before or after receipt of the goods or services shall not be reason to lessen the seller’s responsibility in this section.
The seller’s warranty for the quality of the goods subject to this P.O. includes repair of defects /flaws that are revealed during routine inspection of the items and shall continue to cover defects or flaws revealed after inspection and approval of the items by the buyer’s quality control unit.

Upon buyer’s request, when the goods/service are not accepted by the Buyer:
– The buyer issues a claim paper, which indicates whether any replace delivery of goods or not. Upon request by the Supplier goods can be returned by transport at it’s costs.

– The buyer repairs the rejected goods using its own resources and deducts to 20% of the unit price, depending on the defect size and the repair actions.
– The buyer estimates if could accept and use the rejected goods. For that purpose shall be deducted 5% for taking that risk.

The last two clauses shall enter into force only upon written notice to the supplier.

6.PROPERTY INFORMATION
Supplier acknowledge that it might be exposed to proprietary information of the buyer and/or representatives of buyer’s customer either in tangible or intangible form, which may include without limitation, technical data information of commercial, marketing, technical or operational nature information regarding research or product patents trade marks secrets and any other information of a property nature (hereinafter: “IP”). Supplier undertakes to keep such information confidential to use this information solely for the purpose of performing this order not to reverse engineer and not to disclose the IP to any third party. The provisions in this order relating to IP rights shall remain in full force and effect after expiration or termination of this order.

SHIPPING INSTRUCTIONS / Ship to:
Opticoelectron Group / Plant for Optics
Industrial park Opticoelectron, 4500 Panagyuriste, BG Bulgaria
Contact: Mrs. Sonya Slavkova, Tel. +359 357 63052, e-mail: sales@opticoel.com
Terms: FCA – Free Carrier (Incoterms 2010)