General conditions for the cooperation between allsafe GmbH & Co. KG and our suppliers (EKB)
1. Foreword
allsafe GmbH & Co KG attaches great importance to a fair and honest partnership. This is the basis of every business relationship. Should disruptions occur despite all the precautionary and control measures that have been introduced, it is necessary to be able to fall back on clear framework conditions that are recognized by both sides. For this reason, the following rules have been drawn up in connection with the technical specification and/or drawing. These components form the essential part of the contract between the supplier partner and allsafe GmbH & Co KG, and we attach great importance to ensuring that our partner is not unnecessarily disturbed in its normal processes by these conditions. This is the only way to guarantee that processes and procedures can be constantly optimized and that these delivery conditions are coordinated with the supplier to ensure smooth processing.
2. Binding nature of framework agreements
The quantities and delivery times stated by allsafe GmbH & Co. KG in the framework order are prepared to the best of our knowledge and belief on the basis of the information provided by our customers. However, we must point out that this information is subject to constant change. We reserve the right to adjust them to requirements, i.e. to correct them upwards or downwards, and the agreements made regarding price, delivery, terms of payment and the item to be delivered are binding.
3. Tools
3.1 Care, maintenance, storage of tools
The supplier assumes the guarantee for the defect-free functionality of the tools during their use. if the tools have been provided by allsafe GmbH & Co. KG, the supplier undertakes to check the tools provided to him for their suitability. If necessary, a written offer for repair or adaptation must be prepared. These measures may only be carried out after a written order has been placed by allsafe GmbH & Co KG. The supplier must store the tools properly and protect them from any damage and environmental influences. During the contractually agreed quantities, the costs for maintenance, care and repair shall be borne by the supplier. After the contractually agreed quantities have expired, the costs for care and maintenance are the responsibility of the supplier; the costs for the repair of the tools are borne by allsafe GmbH & Co KG after the order has been placed. The tools must be maintained, repaired and cared for by the supplier in order to guarantee a continuous defect-free delivery. It must be ensured that the tools are always ready for use. at the end of the delivery, the supplier is obliged to hand over the tools to allsafe GmbH & Co KG in perfect condition, if desired. the transfer of ownership of the tools takes place automatically with the payment of the tools and requires no further contractual agreement.
4. Tool modification
Modifications to tools may only be made with the prior written consent of allsafe GmbH & Co KG. If a tool change is required due to technical changes by allsafe GmbH & Co. KG, the supplier must first submit a written offer. Only after a written order has been placed are the necessary measures to be approved and carried out. The modified parts must be resampled and released by allsafe GmbH & Co KG for series delivery. allsafe GmbH & Co KG assumes the costs for material that can no longer be used due to a drawing change within the framework of a partnership relationship. However, the supplier undertakes to point out when preparing the offer that the existing materials can no longer be used after the changeover.
5. Tool approval/initial sampling
5.1 Occasion
The supplier is obliged to carry out initial sampling in the following cases:
- New parts
- Changed parts or specifications
If the supplier intends to make any of the following changes, he is obliged to inform allsafe GmbH & Co. KG of his intention and wait for written approval. Initial sampling may also be necessary in this case.
- Product modification
- Change in design, specification or material
- Relocation of production to external production sites
- Relocation of production to new plants or relocation in own plant
- Change in production processes
- Prolonged suspension of production (longer than 1 year)
- New sub-suppliers
- In the case of subsequently manufactured tools for capacity reasons
- or wear and tear, allsafe GmbH & Co. KG must be informed and, if necessary, an initial sampling must be carried out
- allsafe GmbH & Co. KG must be informed for other reasons
- The supplier is obliged to carry out an internal sampling/release regardless of whether an initial sampling is required by allsafe GmbH & Co KG.
5.2 Initial sampling / forms for initial sampling
The initial sampling carried out by the supplier must be based on the forms created by allsafe GmbH & Co KG or on forms in accordance with VDA
- Initial sample test report
- Test results
- delivery note
must be used. If these are not available to the supplier, they must be requested.
If no other quantity has been agreed, 50 parts must be tested and documented. If it is an assembly, 50 individual parts must also be tested and documented. In the case of production with several identical tools, an initial sample inspection must be carried out from each tool or nest of a multiple mold. Unless otherwise agreed, the corresponding parts must be attached to the initial sample test report.
Unless otherwise agreed, the initial sample inspection report must be accompanied by appropriate evidence / material analyses for the materials used. In special cases - automotive applications - this data must be entered into the IMDS database.
Together with the initial sampling, a proof of capability (test based on at least 50 parts) must be submitted for the specifications and special test dimensions defined by allsafe GmbH & Co. Furthermore, a test plan must be attached to the initial sampling.
The delivery release/series release of the sampled parts is carried out by allsafe GmbH & Co. KG on the "Initial sample test report" form completed by the supplier.
6. Right of purchase from tools
The supplier undertakes to deliver parts or components/assemblies from tools and/or developments of allsafe GmbH & Co. KG exclusively to allsafe GmbH & Co. KG. Parts may only be sold to third parties after written approval. For each case of non-compliance, the supplier must be liable in the amount of the total damage caused. In addition, the supplier is obliged to disclose the quantity and the customers of the parts delivered in parallel. If allsafe GmbH & Co KG has given approval for delivery to third parties, the purchasing supplier is not permitted to change tools or specifications. Furthermore, it is not permitted to transfer tools to other suppliers without the written consent of allsafe GmbH & Co.
7. Supply period, spare parts delivery
The supplier undertakes to supply allsafe GmbH & Co. KG with the product as well as with spare parts for the product for the entire duration of the series and beyond 15 years after the series discontinuation date. The scrapping of part-specific production equipment of the part may only be carried out with the written consent of allsafe GmbH & Co. KG, regardless of the ownership structure.
8. Audit, documentation, retention periods
8.1 Audit
The customer is entitled to conduct an audit to determine whether the supplier's quality assurance measures meet the customer's requirements. The audit can be carried out as a system or process audit and must be agreed in good time before the planned implementation. Audits by approved certification bodies must be taken into account. Reasonable restrictions on the part of the supplier to safeguard its trade secrets are accepted.
8.2 Retention periods
The supplier must retain all product and process-relevant documents, records and data that are part of the production process and product release for at least 20 years. This regulation is relevant both for series production and for the supply of spare parts.
8.3 Access authorization
The supplier undertakes to grant allsafe GmbH & Co KG as well as its customers and regulatory authorities access to the company (EN 9100:2018 point 8.4.3.L)
9. Statistical values, evaluations
9.1 FMEA
It is desired that the supplier prepares an FMEA for its scope of delivery. This is the basis for a smooth and high-quality delivery.
9.2 Process capability
It is desirable that the process capability is verified on the basis of statistical values. In the interest of continuous quality improvements, it is necessary to record this data and use it consistently to optimize the processes. In principle, the capability values specified by allsafe GmbH & Co. KG in the specifications (if available) must be achieved and documented.
9.3 Quality objectives
For functional and safety-relevant product properties, zero-defect production is essential and must be demonstrated by the supplier. Unless otherwise agreed, the upper limit of the defect rate for non-functional and safety-relevant product features is < 500 PPM. However, it should be noted that a supplier who is permanently at this upper limit must be replaced at sight. The target set by allsafe GmbH & Co KG is a rate of < 100 PPM. A poor delivery includes not only direct quality defects in the product, but also inadequate packaging, incorrect labeling of the shipment, incorrect quantity, as well as all errors that can hinder or stop the process of allsafe GmbH & Co KG.
10. Quality, inspections
10.1 Incoming goods inspection
allsafe GmbH & Co KG will only check the delivered products on a random basis. This means that the supplier must guarantee the required quality for the products delivered by him and assume liability for the parts delivered by him in the event of a complaint.
However, checks are always carried out with regard to the quantity delivered, reference and external damage or defects.
If transport damage occurs during delivery that makes it impossible to unload the products or has also resulted in damage to the products, allsafe reserves the right to refuse acceptance or to return the goods at the supplier's expense.
In this case, the supplier must ensure that the goods are immediately resupplied in perfect condition.
In addition, remedial action must be taken to ensure that such damage does not occur again.
10.2 Complaint handling, complaint processing
If the supplier discovers that faulty parts have been manufactured and already delivered, he is obliged to inform allsafe GmbH & Co KG immediately in the event of imminent danger. allsafe GmbH & Co KG undertakes to inform the supplier immediately of any faults found.
If the supplier discovers that faulty parts have been manufactured which, in his opinion, could be usable, he can report these to allsafe GmbH & Co KG for approval. Delivery may only take place after written approval by allsafe GmbH & Co KG (deviation approval). The parts must be labeled accordingly.
Quality is a high priority in the supplier evaluation and is constantly monitored.
In the event of a complaint, the supplier undertakes to maintain capacities for elimination. Furthermore, the supplier is obliged to ensure the continuation of production at allsafe GmbH & Co KG, e.g. by sorting out bad parts, repairing already manufactured components (approval by allsafe GmbH & Co KG required - type and scope of repair must be documented), immediate delivery of good parts and taking back bad parts free of charge.
In addition, an 8 D report must be prepared by the supplier. The resulting measures must be monitored, implemented and documented.
The initiation of measures in the event of a complaint must take place within one day. In the event of complaints about parts with documentation requirements, production at the supplier must be stopped immediately and the affected stocks must be secured at the supplier and at allsafe on site.
A catalog of measures must be submitted by the supplier after three days at the latest. allsafe reserves the right to carry out a short audit to ensure that the catalog of measures has been processed.
10.3 Quality management system of the supplier
The supplier agrees to introduce and/or maintain a quality system based on ISO 9000 ff with the goal of a zero-defect target and to optimize its processes with continuous improvement measures.
The supplier shall also oblige its subcontractors to set up, consistently apply and maintain a comparable QM system with the aim of ensuring the flawless quality of its purchased parts.
11. Delivery
11.1 Frequency of delivery
allsafe GmbH & Co KG is dependent on flexible and fast delivery in small batch sizes. In order to achieve this, we endeavor to give our suppliers advance planning of our main products.
In order to make the processes as efficient as possible, we need partners who are willing to optimize their processes and adapt to our needs.
11.2 Disposition/order processing
Wherever possible, allsafe GmbH & Co KG works with framework agreements (also known as call-off orders or open orders). These framework agreements regulate all important points such as total quantity, price, packaging, duration, etc.
The classification of the products defined in the framework agreement is usually given to the supplier via a closed order.
As we are also constantly striving to optimize our processes, we are increasingly using other forms of order processing, such as Kanban, continuous delivery, forecasting and self-control of various product groups. This means that we will generate our requirements less and less via an order. The order will be replaced by flexible planning, which the supplier will cover with corresponding capacity reservations.
These different planning systems also have a positive effect on the overall delivery time of the products, as, for example, primary materials can be scheduled by the supplier according to the planning.
11.3 Delivery time/delivery reliability
The delivery time agreed with allsafe GmbH & Co KG must be strictly adhered to. On the contrary, the supplier is required to constantly improve its processes and thus reduce the delivery time or adapt it to our needs.
If delivery is not possible within the agreed time or if difficulties arise during production, the supplier is obliged to inform us immediately of potential disruptions and to take appropriate measures to keep the delay as short as possible.
In principle, the supplier is automatically in default of delivery if deadlines are exceeded without this being expressly formulated by allsafe GmbH & Co KG. Delivery time and delivery reliability are evaluated monthly as part of our supplier evaluation and are also given high priority there.
11.4 Incoming goods
Allsafe GmbH & Co KG requires the following information on the delivery bill as well as on the goods for the processing of incoming goods:
- Delivery bill number
- Date of dispatch
- Sender address and supplier number
- Quantity
- Designation / article number
- Order number
- Number of packages
- Warehouse no. (visible on our order)
- Weight/package
- Order date
- Barcode 835 whenever possible
In addition, all packages must be labeled with article number and description. Wherever possible, the delivered products must be labeled accordingly so that their origin can be traced at any time. Furthermore, each delivery must be accompanied by the contractually stipulated and required test certificates. For suppliers of extruded aluminum profiles, we require an EN 10204-3.1 certificate for the first 5 deliveries and, if no deviations were found, an EN 10204-2.2 certificate thereafter.
11.5 Safety management
The supplier shall promote a safety culture in which all employees have a high awareness of safety and proactively contribute to safety. Employees shall be encouraged to report errors, incidents and hazards that may lead to product non-conformity. This safety culture also includes the exchange of safety-relevant information with allsafe GmbH & Co. KG as well as collegial cooperation in identifying and eliminating safety risks.
12. Terms of payment/delivery
Our terms of payment are as follows:10 days net after receipt of invoice or goods.other terms of payment must be accepted by allsafe GmbH & Co KG in writing.deliveries are made ex works or free domicile with the carrier specified by allsafe GmbH & Co KG, depending on the agreement.
13. Productivity/KVP
We attach great importance to the fact that our partner constantly deals with improvement measures and consistently implements them in order to be able to offer market-driven conditions in the future and to be able to assert itself on the market. In order to achieve this goal, we are prepared to support our partners in process improvements and CIP measures with knowledge and active cooperation. This will secure and increase competitiveness on both sides in the long term, and we expect cost reductions of any kind to be shared with us as part of our partnership.
14. Packaging
The type of packaging is clearly defined in our packaging regulations. Should the supplier require other packaging, this must be approved in writing by allsafe GmbH & Co.
15. Termination
The contract can be terminated by either party with a notice period of 12 months.
17. Confidentiality clause
All data relating to allsafe GmbH & Co. KG, regardless of type, may not be reproduced or made accessible to third parties without our permission in accordance with the provisions of copyright law
18. Severability clause
Should individual provisions of this contract prove to be invalid or incomplete, this shall not affect its validity; in this case, it shall be interpreted or reinterpreted in such a way that an appropriate provision corresponding to its meaning and purpose applies, which - as far as legally permissible - comes closest to what the parties intended to achieve through this contract. If necessary, they undertake to cooperate in such an amendment to the contract.
19. Overriding provisions
If requirements are defined in technical documents, specifications, etc. or other agreements or provisions that go beyond the requirements of this contract, the higher requirements shall apply.
20. Place of jurisdiction
The place of jurisdiction for all disputes or claims arising out of or in connection with this contract, including those concerning its validity, amendment or termination as well as non-contractual claims, shall be Stuttgart.
21. Product liability
The supplier undertakes to take out and maintain suitable product liability insurance. There must be sufficient insurance cover for the product liability risk.
22. Counterfeit parts/traceability
The supplier guarantees to purchase primary materials only from authorized, approved suppliers in order to prevent counterfeit parts from third-party suppliers. For this purpose, he has installed a corresponding process in his organization, which ensures that the protection extends over the entire supply chain. Furthermore, it must be ensured that complete traceability of the products is guaranteed.