Those in Manufacturing Services receive advanced training in performing a wide variety of sophisticated industrial related work, such as electro-mechanical assembly, packaging, and fulfillment services.
An award winning South Florida Manufacturer of the Year, HABCO Manufacturing is a successful manufacturer of products for a range of industries. As a contract manufacturer, HABCO Manufacturing operates in a state-of-the-art environment with sophistication in high tech assembly capabilities and supply management. Possessing a recognized global customer base, HABCO routinely meets the most demanding schedules and requirements. HABCO has built its reputation on its commitment to continuous improvement and customer service.
TERMS AND CONDITIONS:
ASP-814 Counterfeit Parts Prevention Procedure:
The purpose of this document is to describe the process and due diligence performed to prevent the purchase and/or use of Counterfeit Parts and meet the requirements of AS5553 Standard for Counterfeit Electronic Parts; Avoidance, Detection, Mitigation and Disposition.
The Counterfeit Parts Prevention procedure applies to all employees within the company and extends to our suppliers and outsourced services.
3.0 Documentation References
AS5553 Counterfeit Electronic Parts: Avoidance, Detection, Mitigation and Disposition
AS9100 Quality Management System Requirements – Aerospace
IS09001 Quality Management System Requirements
4.1 Suspect Part – A part in which there is an indication by visual inspection, testing or other information indicating the item may have been misrepresented by the Supplier or Manufacturer and may in turn meet the definition of a Counterfeit Part.
4.2 Counterfeit Part – A suspect part identified as a copy or substitute without the legal right or authority to do so or a part whose material, performance or characteristics are knowingly misrepresented by a Supplier in the supply chain. The Counterfeit Parts include but are not limited to:
4.2.1 Parts not containing the proper internal construction that is consistent with the desired, producer or ordered part.
4.2.2 Unused, refurbished or reclaimed parts represented as new product.
4.2.3 Parts with different packaging style, type or surface plating/finish than the required or ordered product.
4.2.4 Parts not successfully completing the full production and/or test flow of the Original Component Manufacturer (OCM) that are represented as completed product.
4.2.5 Parts sold or delivered as up-screened product that have not successfully completed the up-screening process.
4.2.6 Parts sold or delivered with modified labeling or markings intended to misrepresent the form, fit, function or grade of the intended product.
NOTE: Refinished, up-screened or updated parts identified accordingly are not considered counterfeit product.
4.3 Aftermarket Manufacturer – A manufacturer meeting one or more of these criteria:
4.3.1 A manufacturer authorized by the OCM/OEM to produce or provide replacement parts. The parts supplied originate from the OCM/OEM to the aftermarket manufacturer or an aftermarket manufacturer using the OCM/OEM tooling or intellectual property produces the parts.
4.3.2 The manufacturer produces parts using tooling or equipment manufactured by and traceable to an OCM/OEM that was properly stored until used. The parts are subsequently assembled, tested and qualified using processes meeting the technical specifications without violating the intellectual property right, patents or copyrights.
4.3.3 The manufacturer produces parts by emulation, reverse engineering or redesign using processes matching the OCM/OEM specification. The parts must meet the Customer needs without violating the OCM/OEM intellectual property rights, patents or copyrights.
NOTE: The Aftermarket Manufacturer must label or otherwise identify a part to ensure the “as shipped” product is not mistaken for the product manufactured by the OCM/OEM.
4.4 Approved Supplier – Suppliers who are formally assessed and determined to have a low risk of providing counterfeit product.
4.5 Authorized Supplier/Distributor – Aftermarket Manufacturers (reference Section 4.3) and OCM/OEM authorized sources of supply for a specific part. The OEM/OCM’s Authorized Distributor list will be validated prior to placement of order and placed in the supplier file.
4.6 Certificate of Conformance (C of C) – A document provided by the supplier formally declaring the purchase order requirements are met. The document may include information relative to the Manufacturer or OCM/OEM Authorized Distributor, quantity, date code and inspection date that is signed by a responsible associate for the supplier.
4.7 Certificate of Conformance and Traceability (C of CT) – A certificate of conformance applicable to some military specifications requiring documented traceability of the product from the Qualified Parts List/Qualified Materials manufacturer through the product delivery to the Government.
4.8 Government Industry Data Exchange Program (GIDEP) – A cooperative activity between the Government and industry participants seeking to reduce or eliminate resource expenses by sharing technical information essential for research, design, development, production and operational phases of the life cycle of the system, facility or equipment.
4.9 Up-screened – Additional part testing performed to produce parts verified beyond the specification parameters of the Manufacturer.
Purchasing, Engineering and other associates as appropriate are responsible to comply with the requirements and processes identified in this document. Additionally, training in identifying and preventing counterfeit parts entering the supply chain will be administered to all Quality, Purchasing and Shipping/Receiving employees in accordance with ASP-840
The HABCENTER Boca Raton maintains a long history of purchasing products from reputable suppliers. The HABCENTER Boca Raton will procure parts directly from OCM/OEM’s or their Authorized Distributors who are on the HABCENTER’s Boca Raton Approved Supplier List. A waiver must be approved by the Customer to use a supplier other than the OCM/OEM or their Authorized Distributor.
All suppliers will continue to be evaluated by Purchasing before placing a new order. Such evaluation includes quality, services and price, with an emphasis on maintaining effective processes for mitigating the risks of supplying counterfeit electronic parts and includes researching industry website/forums regarding the supplier’s performance and review of the HABCENTER’s Boca Raton past experience with previous orders.
5.1 Purchasing is responsible to procure the correct parts to include but not limited to wires, cables and connectors using the applicable drawing, specification, description, supplier or other information to meet the intended use.
The HABCENTER Boca Raton is registered with GIDEP (Government-Industry Data Exchange Program) and ERAI for purposes of verifying suppliers and parts and for reporting instances of confirmed counterfeit product. Where applicable (e.g., existing stock, new suppliers, lower-tier vendors, older date codes, highly suspected parts based on HABCENTER Boca Raton ’s history or ERAI or GIDEP alerts), the HABCENTER Boca Raton reserves the right to send products to the test house for further inspection.
5.2 Engineering is responsible to ensure the drawing, specification, process or other description identifies the applicable type, class, style, part number, manufacturer or other related information so the correct part or product is identified.
5.3 Quality associates are responsible to examine and/or inspect the parts to identify or mitigate the receipt and/or use of counterfeit parts.
5.4 Purchasing is responsible to reference and/or attach the following statement to each purchase order.
Seller shall not deliver any Products to Buyer that contain any “Counterfeit Parts” as defined in Buyer’s Standard Operating Procedure – Counterfeit Parts (ASP-814) as such procedure may be amended from time to time. A copy of ASP-814 may be found at: www.habcenter.com/manufacturing.htm
Seller shall indemnify and hold harmless Buyer and its officers, directors and affiliated companies from any and all losses, damages, claims, cost and expenses for Seller’s failure to comply with ASP-814.
6.1 Purchasing must examine a potential source of supply to assess the risk of receiving counterfeit parts. Purchasing must focus buying efforts to obtain parts directly from an OCM/OEM or their Authorized Distributor. Approval for non-OCM/OEM buys must be approved by Customer.
6.2 At a minimum, the OCM/OEM, their Authorized Distributor or the Aftermarket Manufacturer will be required to provide Certificates of Conformance and acquisition traceability. These certificate requirements will be clearly identified on the purchase document as deliverable data.
6.3 The HABCENTER Boca Raton has adopted the industry standard for performing incoming receiving and inspection using the IDEA 1010 Standard for inspection of product. Any suspect product identified by the HABCENTER Boca Raton through the receiving and inspection process must be either validated as authentic and accepted or verified as counterfeit product and destroyed.
Associates receiving, inspecting or processing parts must examine the product to ensure the drawing, specification, type, class, style, part number, manufacturer or other related information is present to detect or identify suspect or counterfeit parts. Suspect or counterfeit parts are placed on a Nonconformance Report (ASF-870-001 NEW FORM) so the items may be identified and segregated to the MRB area.
6.4 When parts have been authenticated, the Nonconformance Report (ASF-870-001) may be disposition “Accept”. The reason for accepting the product must be recorded on the document as a reference to the due diligence work and/or activity performed.
6.5 A suspect and verified counterfeit part must be reported to Management and must remain at the HABCENTER Boca Raton. Management is responsible to determine how the counterfeit part occurrence is reported internally, to Customers, to the Government, the Government Cooperative (GIDEP), other industry reporting programs (ERAI) and criminal authorities using the reporting process listed in the
AS5553 Standard, Appendix G.
7.0 Verification of Due Diligence – Electrical Components
The HABCENTER Boca Raton considers the due diligence applied to the material purchase successful when this procedure is followed and when finished product meets the test or inspection requirements identified for the product.
Failed product does not mean the instance was caused by a counterfeit part. The HABCENTER Boca Raton must verify the cause of the non-conformance and disposition the defect per the Control of Non-Conforming Output ASP- 870. This procedure will apply if the deficiency is suspected or attributed to a counterfeit part.
The HABCENTER Boca Raton offers a 30-day (and frequently much longer) warranty against faulty product unless otherwise discussed and so documented by both the buyer and the seller and reflected as such in both the purchase order and invoice agreements pertaining to the transaction.
If parts are found to be defective, we ask our customers to return product on an authorized RMA and to include a full engineering report, in addition to the original C of C and traceability documentation and original packaging. Returned items will be inspected to confirm they are the same lot/batch of products originally delivered. Products may be sent to our approved third-party test house for further confirmation.
The HABCENTER Boca Raton notifies our customers of non-conforming parts if the discovery is made after the product is shipped.
|A||All||All||All||Initial Release||5/16/18||Bob Gilbert|
|Reviewed and approved by:
|Date: 5-16-18||Date: 8-07-2019|
ASF-820-003 Terms and Conditions:
Seller agrees to provide the Goods or Services in accordance with the applicable purchase and with these Terms and Conditions (Agreement) of Habilitation Center Inc. hereinafter referred to as Buyer. Upon acceptance of a purchase order, shipment of Goods or Services, or services rendered, Seller shall be bound by the provisions of the agreement, including all provisions set forth, unless Seller objects to such terms in writing prior to shipping Goods or Services. This agreement may not be added to, modified, superseded or otherwise altered, except by writing signed by an authorized Buyer representative.
Ensure that persons / employees are aware of:
- their contribution to product or service conformity
- their contribution to product safety, and
- their contribution to the importance of ethical behavior
Any of the following acts by Seller shall constitute acceptance of this order, signing and returning a copy of the order, delivery of any of the Goods or Services ordered, or returning Seller’s own form of acknowledgment. Any additional or different term or condition on Seller’s acknowledgment form, or otherwise communicate by Seller in accepting this order, shall be deemed to be a material alteration of this order and is hereby objected to by Buyer. Any such term or condition shall be totally inapplicable to this order unless specifically agreed to in writing signed by an authorized representative of Buyer.
Buyer hereby reserves the right to reschedule any delivery or cancel any purchase order issued at any time prior to shipment of the Goods or Services. Buyer shall not be subject to any charges or other fees as a result of such cancellation, or any restocking fees or charges for excess inventories or materials built or purchased by Seller unless approved in writing by an authorized Buyer representative.
Delivery of Goods or Services shall be made pursuant to the applicable purchase order. In the event Seller fails to deliver the Goods or Services within the time specified, buyer may, at is option, decline to accept the Goods or Services and terminate the agreement.
Seller shall package all items in suitable containers to permit safe transportation and handling. Buyer’s purchase order number and part number must appear on call shipping containers, packing sheets, delivery tickets and bills of lading. Country of origin, applicable specifications, certifications and compliance to standards shall be clearly marked on the smallest unit of measure.
Risk of Loss
Title to the Goods or Services shipped under this purchase order shall pass to buyer in accordance with the shipping terms specified on the face of the purchase order. In the event shipping instructions are not provided, the applicable shipping terms shall be FOB, Origin, Freight Collect, using buyer specified carriers.
Buyer shall pay seller the amount agreed upon and specified in the applicable purchase order. Payment shall not constitute acceptance. Seller shall invoice buyer for all Goods or Service delivered within ninety (90) days of delivery and must reference the applicable purchase order. Buyer reserves the right to refuse all incorrect invoices. Unless otherwise specified on the face of a purchase order, buyer shall pay the invoiced amount within thirty (30) days after receipt of a correct invoice.
Seller warrants that all Goods or Services provided will be new and not used or refurbished. Seller warrants that all Goods or Services delivered shall be free from defects in materials and workmanship and shall conform to all applicable specifications. Seller shall furnish to buyer the seller’s standard warranty and service guaranty applicable to the Goods or Services, if buyer identifies a warranty problem with the Goods or Services during the warranty period, buyer will promptly notify seller of such problems and will return the Goods or Services to seller, at seller’s expense. Seller shall, at buyer’s option, either repair or replace such Goods or Services, or credit Buyer’s account for the same. Replacement and repaired Goods or Services shall be warranted for the remainder of the warranty period.
Buyer shall have a reasonable time after receipt of Goods or Services and before payment to inspect them for conformity. Goods or Services received prior to inspection shall not be deemed accepted until buyer has run an adequate test to determine whether the Goods or Services conform to the applicable specifications. Use of a portion of the Goods or Services for the purpose of testing shall not constitute an acceptance of the Goods or Services, if the Goods or Services tendered do not wholly conform to the provisions hereof, buyer shall have the right to reject such Goods or Services. Nonconforming Goods or Services will be returned to seller freight collect and risk of loss will pass to seller upon buyer’s delivery to the carrier. No test or inspection in any way relieves seller of its obligation to furnish all required articles, materials and services in strict accordance with the requirements of the purchase order.
The seller must possess a quality and inspection system minimally compliance to MIL-45208 or equivalent standard, unless otherwise specified. The seller agrees to allow the buyer access to the seller’s and/or seller’s suppliers facilities at any time and place before, during and after manufacture or completion of production to observe, survey or audit their quality and process controls and/or inspect and test material and workmanship, with or without buyer’s customers representation. The seller agrees to provide failure and/or root cause analysis including corrective and preventive actions for any defective or rejected products upon request by the buyer. The seller agrees to provide advance notification to the buyer if the facility and/or production processes are re-located to a location different than the location at the time of the quote. The seller agrees to immediately notify the buyer of any impending ownership or senior management changes. All materials with limited calendar life must be delivered with a minimum of 85% calendar life remaining to the buyer prior to shipment for buyer approval.
Seller is an independent contractor for all purposes, without express or implied authority to bind buyer by contract or otherwise.
Taxes and Records
The prices stated in the purchase order include all applicable taxes and duties, except state and local sales and use taxes. Such sales and use taxes shall be separately itemized in seller’s invoice.
Seller shall be solely responsible for maintaining adequate health, auto, worker’s compensation, unemployment compensation, disability, liability and other insurance, as is required by law or as is the common practice in seller’s trades or businesses. Upon request, seller shall provide buyer with certificates of insurance or evidence of coverage before commending performance under this agreement.
Seller agrees at its expense to indemnify, defend and hold harmless buyer, it’s directors, officers, employees, affiliates, subsidiaries, agents, customers and end users from any and all loss, claims and liability, including, without limitation, reasonable legal fees and costs, for death, injury or disability of any person or damage to or destruction of property (including, without limitation, the loss of use of any property or the presence of hazardous substances at any property) caused by or resulting from the acts or omissions of seller, its agents, suppliers or employees in connection with the performance of this purchase order, including, without limitation, any claim by a third party against buyer alleging that the Goods or Services, or any other products or processes provided under this agreement, infringe a patent, copyright, trademark, trade secret or other proprietary right of a third party, whether such are provided alone or in combination with other products, software or processes.
Seller will acquire knowledge of buyer confidential information in connection with its relationship with buyer and agrees to keep such information in confidence during and following the termination or expiration of this agreement. Seller agrees to limit its internal distribution of buyer confidential information to seller’s assistants who have a need to know, and further agrees not to use such information except in the course of providing Goods or Services in accordance with the applicable purchase order and will not use such information for its own benefit or for the benefit of any third party. Buyer may require at its sole discretion a signed Non-Disclosure agreement in which the terms and conditions supersede the general and limited scope listed here.
Buyer may terminate this agreement upon notice to seller if seller fails to perform or otherwise breaches this agreement, files a petition in bankruptcy, becomes insolvent or dissolves. In the event of such termination, buyer shall pay seller for those conforming Goods or Services delivered to buyer through the date of determination, less appropriate offsets. Buyer may terminate this agreement for any other reason with sufficient notice to seller. Seller shall cease to provide Goods or Services under this agreement on the date of termination specified in such notice. In the event of such termination, buyer shall be liable to seller only for those conforming Goods or Services delivered to buyer through the date of termination, less appropriate offsets.
Buyer shall not be liable for any failure to perform including failure to take delivery of the Goods or Services as provided caused by circumstances impractical including, but not limited to acts of God, fire, flood, acts of war, government action and accident. In the event buyer is so accused, either party may terminate the agreement and buyer shall at its expense and risk, return any Goods or Services received to the place of shipment.
If any portion of this agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Limitation of Liability
In no event shall buyer be liable for any incidental, indirect, special, consequential or punitive damages. Whether or not buyer was advised or could foresee the possibility of such damage.
Section 301 Tariffs
All tariffs must be disclosed on all quotes, and all Purchase Order confirmations. Failure to disclose tariffs prior to invoicing will result in Non-payment of Section 301 Tariff charges with waived liability to Habilitation Center Inc.
Seller may not assign this agreement or any of its rights or obligations under this agreement, without the proper written consent of buyer. Any assignment or transfer without such written consent shall be null and void. This agreement shall inure to the benefit of and be binding upon, the successors and assigns of buyer without restriction. A waiver of any default hereunder or any term or condition oh this agreement shall not be deemed to be a continuing waiver or a waiver of any other default or any other form or condition.
This Agreement shall be construed in accordance with and disputes shall be governed by, the laws of the State of Florida, excluding its conflict of law rules the State and Federal courts in Broward County, Florida shall have jurisdiction and venue over all controversies arising out of or relating to this agreement.
This agreement is the complete, final and exclusive statement of the terms of the agreement between the parties and supersedes any and all other prior and contemporaneous negotiations and agreements, whether oral or written, between them relating to the subject matter hereof. The terms and conditions of this agreement shall prevail not withstanding any variance with the terms and conditions of any acknowledgment or other document submitted by seller.