Unless otherwise explicitly agreed in writing by Airgrup, no purchasing conditions will be accepted other than those contained in the order.
If, in the view of the supplier, the material contained in the order is not fully defined, this circumstance must be communicated urgently to Airgrup, which is the only party who may take decisions in this respect.
Airgrup may cancel the order at any time, paying the supplier for the amounts pending payment for goods or services already delivered, or for work and supplies in progress, after the deduction of the amounts corresponding to any liabilities or breaches which may have occurred. Likewise, Airgrup reserves the right to make changes to the order at any time, in particular:
Airgrup shall compensate the possible costs that such changes generate for the supplier, provided that the supplier requests such compensation in writing within 15 days of the notification of the changes.
Unless otherwise specified in the order, the packaging, packing, transport and insurance, as well as handling, shall be considered to be included in the prices shown in the order. No surcharges for taxes or levies will be accepted other than Value Added Tax (VAT). If any price is missing from the order, the price determined by the supplier shall not be valid until the cost estimate has been processed and approved in writing by Airgrup. Any increase in the prices contained in the order shall, in all events, require the written approval of Airgrup, as a consequence of the official provisions which justify such an increase. Modifications to the current tax regime which are not included in the price shall be at the risk of the supplier who will, in all events, be responsible for the payment of any possible charges.
Unless otherwise indicated by Airgrup at a date subsequent to the order, deliveries must be made without fail within the deadline contained in the order. In the case of failure to meet the delivery deadline, Airgrup reserves the right to take any action allowed by law (penalties, cancellation of the order, etc).
All deliveries must be made in accordance with the instructions of the purchase order, and the place of delivery shall be that which appears in the order.
The goods must be sufficiently protected to prevent any damage, especially to mechanical, polished or fragile parts. If the goods were not bought free of transport charges, the means of transport shall be determined by Airgrup. If the order specifies that Airgrup is to insure the goods during transport, the carrier must advise Airgrup sufficiently in advance for Airgrup to take out the corresponding insurance, otherwise the carrier shall be responsible for all damages.
The goods will be examined by Airgrup at the destination and, in the case of any nonconformity, they will be returned to the supplier with expenses from its departure from the point of origin.
The measuring instruments used at the destination shall bear witness to the condition in which the goods are received. In the absence of said measuring instruments, those of the buyer shall bear witness.
The materials included in this order shall have a minimum guarantee of one year from the date of entry into service or the period established in the Specific Conditions. During the guarantee period, the supplier guarantees that the goods and services included in the order:
Said guarantees shall remain in force for the period laid down in the Specific Conditions, including cases in which the goods or facilities included in the order are transferred by Airgrup, under any title, to third parties, before whom the supplier shall meet its obligations under such guarantees.
The supplier shall correct any defects, repair or substitute materials and make the replacements necessary to comply with the terms of the guarantee. If the supplier does not effect such corrections within the deadline specified by Airgrup in its requirement, Airgrup may effect the corrections itself or through third parties, with the cost being charged to the amounts pending payment to or retained from the supplier, if any, without prejudice to any claim for damages to which it may be entitled by law.
For each delivery, the supplier shall provide the following documentation:
The packages shall be duly labelled, indicating the order number, as well as our reference or order number.
Airgrup shall immediately return any invoices, duplicates and copies which do not contain, exactly, each and every one of the following items or which fail to meet any of the conditions listed below: the original and three copies (on which the word “COPY” shall expressly appear) of invoices shall be submitted, and they must be in the possession of Airgrup within a maximum period of 10 days counted from their date of issue. The invoice must contain the following data, correctly expressed:
If the invoice is issued for an advance payment, the nature of the advance payment must be expressly specified, and the corresponding VAT must be included.
The general payment conditions of Airgrup are as follows:
The supplier may not issue any invoice until the complete delivery of the supply, unless special invoicing and delivery conditions have been agreed. Since Airgrup is not obliged to receive supplies before the agreed delivery date, even in the case that Airgrup receives the supply to accommodate the supplier, the supplier shall not be entitled to issue the invoice outside the agreed contractual terms.
The payment of the invoices will be conditioned to the validation of the parts by the quality department of Airgrup.
In case of detecting non-conforming parts with a “scrap” resolution, a payment invoice will be requested, blocking the payment of the total until receipt of the payment.
When the non-conforming parts with “repair”, “use” or “assembly attention” resolution, the payment will be blocked until the origin that caused the non-conformity and corrective actions that strengthen the process to avoid the repetition of the mistake.
In addition to the other cases described in these General Conditions, the following shall be grounds for the cancellation of the order:
Any of the above grounds for rescission, except mutual agreement, shall entitle Airgrup to receive the compensation established in the Specific Conditions as a cumulative penalty for such cases, together with the application of the other penalties for delay or non-fulfilment which may be established in the Specific Conditions, and whose amounts shall first be charged by deduction from the amounts pending payments or retained, independently of any other compensation or claims which may be demanded by law.
The supplier expressly renounces any industrial property rights over the technical innovations which it might develop during the execution of this order, and accepts the unconditional assignment to Airgrup of the patents rights and exploitation rights which might arise from same.
Airgrup may automatically charge the amounts payable by the supplier on this order for penalties, compensation, etc, by deducting them from the amounts pending payment for this order or any other which it has contracted with the supplier.
The supplier shall ensure that the product acquired meets the applicable requirements, and shall be responsible for the conformity of said products. Prior to the commencement of work, the supplier shall inform about each supplier or subcontractor of the aeronautical product used, so that they might be accepted by Airgrup.
The supplier must have a Quality and Environmental System which complies with the requirements of Airgrup, together with the legal and regulatory systems necessary for its application.
Depending on the goods or services provided, the supplier must meet the following requirements:
The supplier must send proof to Airgrup of the corresponding accreditations, and of their periodical updates.
Documentation must be controlled and distributed to its point of use, ensuring that the current versions are available. The documents generated by the supplier must be approved as conforming before they are issued. The supplier must attach to the products all of the documentation necessary to evidence and provide proof that they meet the parameters and specifications required (e.g. certificates of conformity, test reports, etc). Likewise, any agreed deviation must appear. The records established to provide evidence of conformity with requirements must be identified, stored, protected and retained, and must be easily accessible. The supplier shall conserve the records related to conformity and airworthiness, for the operational life of the product plus 6 years, and, for a period of at least 10 years for the rest. The documents and records must be kept available for review by Airgrup, its clients or representatives and authorities.
The supplier shall determine and provide the resources necessary to fulfil the requirements. The personnel whose work affects conformity with the requirements of the product must be competent and have sufficient education, training, skills and experience. The supplier shall establish appropriate means for communication with Airgrup.
Before undertaking to supply a product, the supplier shall determine and review the requirements related to said product, ensuring that it has the capacity and means necessary to meet the requirements. The supplier shall manufacture the product or provide the service in accordance with the specifications of the purchase order/subcontract, manufacturing the products in accordance with Airgrup’s production order (if applicable) and the latest version of the applicable technical documentation (plans, specifications, etc), unless specified otherwise. The supplier shall plan and undertake the production or the provision of the service under controlled conditions, including, when applicable:
The supplier shall control any changes in the production process, verifying that the desired effects are achieved. A control and maintenance system must be established for the production equipment, tools and computer programs. The supplier shall preserve the product during the internal process and delivery to the planned destination, including its identification, handling, packing, storage and protection. The supplier shall identify the product by appropriate means throughout the entire manufacturing process of the product, in order to identify any difference between the real and the agreed configuration.
The supplier shall make an inspection of the first article in order to verify that the processes, documentation and tools used are appropriate for the manufacture of the product in accordance with the applicable requirements. This process must be repeated whenever there are changes which invalidate the original results (e.g. changes in the configuration or plans, changes in the manufacturing process, etc).
The supplier shall monitor and measure the characteristics of the product at the appropriate stages in the manufacturing process in order to verify that the requirements of the process are met. Evidence of the conformity of the product with the acceptance criteria must be kept. The records must identify the person authorised to release the product to Airgrup and, when required, the values of the results. Only elements which have passed all of the inspections and tests shall be delivered to Airgrup.
The supplier shall ensure that any product which does not conform to the requirements is identified, controlled and separated in order to prevent its unintentional delivery or use. Nonconforming products must be notified to Airgrup, who will arrange the final disposal of same. After correcting a nonconforming product, it must be verified again to demonstrate its conformity. Records must be kept of the nonconformities and of any action taken subsequently.
The supplier shall take action to eliminate nonconformities and their causes, in order to prevent their re-occurrence. A process must be established to:
The supplier shall take care of the goods which are the property of Airgrup while they are under its control. The supplier shall identify, verify, protect and safeguard the goods supplied to it by Airgrup for use or incorporation into the product. If any goods are lost, damaged or considered inadequate for use, the supplier shall inform Airgrup of same.
The supplier shall:
All of the requirements of this contract may be subject to Official Quality Assurance. You will be notified of any Official Quality Assurance activity to which you are to be subject.
The supplier is obliged to accept the presence of Airgrup, Airgrup’s clients and of Official Organisations (Civil Aviation Authorities, Military Aviation Authorities) during audits (of the product, processes and systems), inspections at source, acceptance of the product or any other practice whose purpose is to guarantee quality. In such a case, the supplier, at no extra charge, shall provide all of the means reasonably necessary to perform these tasks safely and conveniently, including information and data.
The supplier shall notify Airgrup of any changes in the product or process, changes of subcontractors, changes in the location of facilities and, when required, it must obtain the approval of Airgrup.
The supplier shall comply with the PCA-00- 038 procedure in the case that the elements supplied are to be processed or mounted on Aernnova products.
The supplier shall control the activities or services which have a potential impact on the environment and undertakes to prevent contamination at all times. Suppliers undertaking activities in Airgrup facilities shall fulfil the requirements of the Airgrup Quality and Environment System which are applicable to their activities, as established in the operational control rules, which are available on request. Likewise, the supplier shall undertake to notify immediately of any emergency situation or incident which occurs during its activity. The supplier shall comply with the environmental regulations in force at the time being, especially REACH (Regulation for Registration, Evaluation, Authorisation and Restriction of Chemicals), where applicable.
Any modification to these requirements requested by the supplier must be requested in writing and must first be accepted by Airgrup or included in by mutual agreement in the specific conditions of the purchase order or contract. Failure to comply with these requirements without prior agreement shall suppose the rejection of the product or service, and the issue of the corresponding nonconformity report.
Acceptance of this order by the supplier supposes acceptance of these General Conditions in their entirety.
Unless agreed otherwise in a specific stipulation, and notwithstanding any contrary clauses which might exist in the commercial documentation of the supplier, the acceptance of this order supposes, in the case of litigation, acceptance of the jurisdiction of the Courts of Seville.
Airgrup suppliers must develop, implement and maintain effective methods and appropriate processes in their products to reduce the risk of introducing counterfeit parts and materials into the products they deliver. In addition, Airgrup suppliers must provide notification to recipients of counterfeit product when circumstances require it and exclude them from the product delivered.
Any commercial or technical information and documents which have been disclosed by purchaser to supplier and which are not available to the public shall be kept secret and confidential and may only be used for rendering the ordered godos or services. Subcontractors or another vendor shall be committed accordingly.
Any reference by supplier of purchaser´s firm, corporate name or trademarks to third parties shall require purchaser´s prior consent.
In the event that, for the information received, the legislation on the protection of personal data is aplicable, AIRGRUP, S.L. informs its suppliers and subcontractors that the identifying data of the data controller are the following: Airgrup S.L., CIF B41414053. C/ Ingeniero Rafael Rubio Elola Nº 2, P.T. Aerópolis, 41300, La Rinconada, (Sevilla). 954999457.