Miller Tool & Die Terms and Conditions


GENERAL REQUIREMENTS: Unless otherwise specified in the purchase order, the following general requirements apply to all purchases.

PROHIBITED PRACTICES: Unauthorized repairs, without Miller Tool & Dieís approval; seller will not repair by welding, brazing soldering, adhesive or by any method any parts nonconforming, damaged or found to be faulty during fabrication. Defects in castings or forgings will not be repaired by any method unless authorized by Miller Tool & Die in writing.

CHANGE IN APPROVED PROCESS, MATERIALS OR PROCEDURES: Seller will not change any process, material or procedure without prior approval from Miller Tool & Die.

UNAUTHORIZED SUBMITTAL OF PRODUCTION PARTS: When the purchase order requires acceptance of a first article, seller will not submit parts from a production run for inspection prior to Miller Tool & Die acceptance of such first article, unless authorized by Miller Tool & Die in writing.

IMPROPER RESUBMITTAL: Articles rejected by Miller Tool & Die, and subsequently resubmitted to Miller Tool & Die, will be clearly and properly identified as resubmitted articles. Sellerís shipping document will contain a statement that articles are replacement or are reworked articles and also will refer to the Miller Tool & Die rejection document.

RESPONSIBILITY FOR CONFORMANCE: Neither surveillance, inspection and or tests made by Miller Tool & Die or itís representatives, at either the sellerís or Millerís facility will relieve the seller of the responsibility to furnish items which conform to the requirements of the Purchase Order.

DOCUMENTATION: Miller Tool & Die may refuse to accept items delivered under the purchase order if the seller fails to submit the certification, documentation, test data or reports as specified in the purchase order. Documentation also includes source inspection records when source inspection is performed.

RECORD RETENTION: All records pertaining to a given purchase order shall remain on file for the period of time that Miller Tool & Die deems necessary.

LOT SAMPLING: Miller Tool & Die reserves the right to use applicable inspection plans for the acceptance or rejection of supplies. Final acceptance is at Miller Tool & Die.

CORRECTIVE ACTION REQUEST: When a Quality problem exists, Miller Tool & Die will request corrective action from the seller. Said request requires timely response and will include the following information: Analysis of the problem cause, statement of actions taken, and the effectiveness of the action.

NONCONFORMING MATERIAL CONTROL: The seller will maintain an effective, documented system for control of nonconforming articles, which will include identification, segregation, review and processing of nonconforming articles. The seller will not accept nonconforming articles, other than the sellerís proprietary products, unless authority to conduct material review activities has been granted by Miller Tool & Die. Sellerís of proprietary products will not conduct material review action on discrepancies that will result in a departure from the requirements of Miller Tool & Die or customer specifications. Seller will submit nonconformances to Miller Tool & Die quality manager within two (2) working days, by phone from the date of the discovery and within seven (7) working days by letter

RIGHT OF ACCESS: The seller will permit Miller Tool & Die, Millerís customer, and cognizant government agencies to conduct such inspections and audits at supplierís facilities as may be required to verify compliance with Millerís purchase order requirements. Such facilities, and assistance as may be reasonably required to accomplish these inspections, will be furnished by the seller without cost to Miller Tool & Die or its customer.

WARRANTY: Seller expressly warrants that all work, including articles, material and designs, supplied by seller, will conform to the specifications, drawings, samples or other descriptions set forth in order or furnished by Miller Tool & Die and will be of good material and workmanship and free from defect. All work is subject to final inspection and acceptance at Millerís plant, it being understood that payment, therefore, shall not constitute acceptance. Any work which is found to be defective either before or after acceptance may be rejected and returned to seller at sellerís risk and expense for repair or replacement, or if seller cannot make the repair or replacement in the time required buy Miller Tool & Die to meet its delivery schedule, for credit at Millerís option. If Miller Tool & Die finds it impractical to return defective work for rework, repair or replacement within a reasonable time, it may perform necessary repairs and charge the reasonable cost therefore to seller. Any payments made on any rejected work shall be immediately refunded to Miller Tool & Die.

DELIVERY: Should seller fail to deliver material within the time specified, Miller Tool & Die may terminate this order in whole or part and may buy elsewhere and charge seller any additional expense incurred thereby. Miller Tool & Die expressly retains all its rights and remedies provided by law in case of such a default, and no action on the part of Miller Tool & Die shall constitute a waiver of any right or remedy. Seller shall not be liable by reason of any failure to deliver or delay in delivery due to any cause beyond sellerís reasonable control and with out fault or negligence of Miller Tool & Die.

PACKING: No charge will be allowed for packing, boxing, or cartage, unless agreed upon at the time of purchase, but damage to any material not packed to ensure proper protection will be charged to seller. Each package must contain a memorandum showing shipperís name, contents of package and purchase order number of Miller Tool & Die.

TEST SPECIMENS: When test specimens are required they will be produced, inspected and stored in the manner and for the time period as required by the contract, which will be included on the purchase order.

SUBTIERS: The seller will not procure items or services from a subtier, unless the subtier is approved in advance by Miller Tool & Die in writing. When approved in writing, Millerís purchase order requirements must also be flowed down to all subtier suppliers.

EXPORT CONTROLLED: This data / item may be subject to the International Traffic in Arms Regulation (ITAR) or the Export Administration Regulation (EAR) pursuant to 22 CFR Past 120-130 and 15 CFR Parts 730-774 respectively. Transfer of this data by any means to a Non-US Person without the proper U.S. Government authorization is strictly prohibited. A violation of the ITAR or EAR may be subject to a penalty of up to 10 years imprisonment and a fine of $100,000 under U.S.C. 2778 or Section 2410 of the Export Administration Act of 1979


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