STANDARD TERMS AND CONDITIONS
TERMS: Our standard terms are ½% 10 days, net 30 (upon credit approval). We do not accept credit cards. We apologize for any inconvenience. All pricing is quoted FOB: New Hartford, CT.
PRICES: Due to the current volatility of wire pricing, the pricing for the parts quoted are only good for the calendar month of the quote itself and can be adjusted at time of order to account for these changes.
TOLERANCES: Springs are quoted to dimensions specified on the print. Where no tolerances are specified, springs are manufactured to MIL-STD-29A, rather than to the block tolerances.
DELIVERY: Delivery estimates are based on our best judgment at the time of quote and every effort will be made to honor these dates. However, these dates cannot be guaranteed as we are not responsible for any unforeseen delays outside of our control.
CANCELLATION: In the event of the cancellation of any purchase order by the customer, the customer shall reimburse Hurley Manufacturing for any work completed, work in process, and for raw materials, Tooling, and engineering expenses incurred in connection with such purchase order.
ENGINEERING: Hurley Manufacturing does not accept responsibility for design, mistreatment or rough handling of parts as manufactured. The customer accepts all responsibility of the design once it has been approved.
SHIPPED QUANTITY: We are allowed the standard over-run or under-run of 10% of the quantity ordered.
TOOL CHARGES: As is customary, all tooling remains on our premises to be used on your parts only. There is no discount on tooling. Tools may be removed after a payment of 35% of the original tool price.
FIRST ARTICLE SAMPLES: Hurley Manufacturing reserves the right to proceed manufacturing the parts within 2 days after sending first article samples to the customer. If you claim a defect exists in the first article samples, you must notify us within 24 hours of receipt. The parts purchased from Hurley Manufacturing shall be free from defects in material and workmanship and shall be limited solely and exclusively to repairing or replacing the defective goods.
CLAIMS: Any claims of material/parts not meeting specifications shall be in writing and received within 10 days of the receipt by you of such material/parts, otherwise any such claim shall be deemed to have been waived by you. Our liability in all cases shall be limited to the refunding of the purchase price of the material in question or replacement of the material/parts at our option. Material/parts returned to us without our prior permission will not be accepted.
STANDARD QUALITY REQUIREMENTS
RIGHT OF ACCESS: The supplier agrees to grant right of access to Hurley Manufacturing, their customer and regulatory authorities to the applicable areas of all facilities, at any level of the supply chain, involved in the order and all applicable records.
RECORDS RETENTION: The supplier agrees to maintain quality records for a minimum of 7 years
NONCONFORMING PRODUCT: The supplier agrees to notify Hurley Manufacturing of any nonconforming product, changes in product and/or process, changes of suppliers, changes of manufacturing facility location and, where required, obtain Hurley Manufacturing disposition/approval, and flow down to the supply chain the applicable requirements including customer requirements.
PRESERVATION AND PACKAGING: Supplier shall maintain a system ensuring adequate controls. FOD (Foreign Object Damage) must be observed before and after packaging.
TRAINED – QUALIFIED PERSONNEL: Shall be used for all product and services provided.
CRITICAL – KEY CHARACTERISTICS: Inspection and/or SPC data shall be provided for all key characteristics specified on the Hurley Manufacturing Purchase Order.
RAW MATERIAL SUPPLIERS: The supplier agrees to provide raw material certifications with the latest applicable specification revisions. The supplier agrees to notify Hurley Manufacturing of any issues related to specification revisions on Hurley Manufacturing Purchase Orders.
SPECIAL PROCESS SUPPLIERS: The supplier agrees to provide special process certifications with the latest applicable specification revisions based on applicable process approvals. The supplier agrees to notify Hurley Manufacturing of any issues related to specification revisions on Hurley Manufacturing Purchase Orders for special processes.
SHELF LIFE ITEMS: Shelf Life items must have evidence of Date of Manufacture, Duration of Shelf Life, and Storage Temperature.
RAW MATERIAL CERTIFICATION: At least 1 copy of Certification of Material must be supplied, showing Chemical and/or Physical Ranges, and must identify the applicable Specification, Heat Lot(s), Purchase Order Number, and other pertinent information as stated on the face of the Purchase Order, and must be signed by the designated Quality Analyst/Clerk at your facility.
GUARANTEE OF MATERIAL SOURCE: The seller shall ensure that only new and authentic materials are used in material delivered to Hurley Manufacturing. The seller may only purchase raw material from original manufacturers, manufacturer franchised distributors, or authorized aftermarket manufacturers. Use of material that was not provided by these sources is not authorized unless first approved in writing by Hurley Manufacturing. The seller must present compelling support for its request (i.e., original manufacturer documentation that authenticates traceability of the material to the original manufacturer), and include in its request all actions to ensure the material thus procured is authentic and conforming.
PRODUCT IMPOUNDMENT AND FINANCIAL RESPONSIBILITY: If suspect/counterfeit material is furnished under this purchase agreement, such items shall be impounded. The seller shall promptly replace such items with items acceptable to Hurley Manufacturing and the seller may be liable for all costs relating to impoundment, removal and replacement. Hurley Manufacturing may turn such items over to the Authority Having Jurisdiction for investigation and reserves the right to withhold payment for the suspect items pending the results of the investigation. Any known instances of fraud or attempted fraud shall be documented in writing to Hurley Manufacturing.
PENALTIES ASSOCIATED WITH FRAUD: This purchase order and activities hereunder are within the jurisdiction of the United States of America. Any known and willful act to falsify, conceal or alter a material fact, or any false, fraudulent or fictitious statement of representation in connection with the performance of work under this purchase order may be punishable in accordance with applicable legal statutes.
Seller employees engaged in the performance of work under this purchase order shall be informed in writing prior to performance of work that there is a risk of criminal penalties associated with any falsification, concealment, or misrepresentation in connection with work performed under this purchase order.
Seller shall include the following statement preprinted on each Certificate of Conformance initiated by the seller and provided to Hurley Manufacturing in conjunction with this purchase order: "The recording of false, fictitious or fraudulent statements or entries on this document may be punishable as a crime under the United States of America statutes." Seller shall include all provisions of this contract clause, including this sentence, in all lower tier contracts under this order. Any inability or unwillingness of a lower-tier supplier to comply with this provision should be documented in writing and submitted to Hurley Manufacturing.
DEFENSE PRIORITY AND ALLOCATION REQUIREMENT: As prescribed in FAR 52.211-15, any Hurley Manufacturing order rated for national defense, emergency preparedness, and energy program use, the contractor shall follow the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).
WARNING U.S. CONTROLLED TECHNICAL DATA
THIS DOCUMENT MAY CONTAIN TECHNICAL DATA AS DEFINED IN THE U.S. INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR) SECTION 22 C.F.R. §120.10. THE TECHNICAL DATA MAY NOT BE EXPORTED, DISCLOSED OR TRANSFERRED TO ANY FOREIGN PERSON, CORPORATION OR ENTITY OR GROUP, AS DEFINED IN THE ITAR SECTION 22 C.F.R. §120.16, WHETHER IN THE UNITED STATES OR ABROAD, WITHOUT THE PRIOR WRITTEN APPROVAL OF THE U.S. DEPARTMENT OF STATE