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QS036en
QS036en/20.06.2012
Quality Agreement
By and between
hereinafter FTE
and
hereinafter Supplier
QA011/0402.2003
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__________________________________________________________________________________________
FTE automotive GmbH Postfach 1180 D-96104 Ebern Telephone 09531/81-0 Telefax 09531/813711
All rights reserved. Circulation or reproduction without express written approval is prohibited.
Quality Agreement
QS036en
QS036en/20.06.2012
1.
Introduction/Scope
Products of the FTE automotive Group are primarily used for the automotive industry and thus have to
comply with highest requirement standards (also considering the possible severe loss consequences
notably resulting from production stops, warranty cost, product liability cases and recalls). This
requires correspondingly high quality, competitiveness as to prices and delivery reliability regarding
Suppliers manufactured and / or delivered samples, initial samples, series production parts,
production materials (including raw materials and starting materials), and, where applicable, also
regarding tools and equipment, as well as any other services (collectively also the Supply or the
Supplies).
The FTE automotive Group companies, in addition, are aiming at concentrating on few, strategically
important suppliers in future.
To this end and for an intensive and close technical and logistical cooperation between FTE including
the FTE automotive Group companies that are hereby represented by FTE and listed below
(collectively also FTE) and Supplier, the following quality agreement is entered into.
The terms and conditions agreed in this Quality Agreement (hereinafter this Agreement) shall
automatically be applicable to and form an integral part of any Supply related master agreements,
supply agreements, tooling agreements, purchase orders, contracts or other agreements (collectively
also the Individual Agreement) between Supplier and the respective companies of the FTE
automotive Group. The following are the companies of the FTE automotive Group:
FTE automotive GmbH
Andreas - Humann -Strae 2
96106 Ebern, Germany
Quality Agreement
QS036en
QS036en/20.06.2012
2.
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__________________________________________________________________________________________
FTE automotive GmbH Postfach 1180 D-96104 Ebern Telephone 09531/81-0 Telefax 09531/813711
All rights reserved. Circulation or reproduction without express written approval is prohibited.
Quality Agreement
QS036en
QS036en/20.06.2012
3.
Technical Documents
The quality characteristics of Supplies for FTE that are to be complied with by Supplier are recorded in
technical documents; the parties agree that these documents shall form part of the respective
contractual agreements between FTE and Supplier. Technical documents in this sense include, but
shall not be limited to drawings (including CAD drawings), technical terms of delivery, specifications
and requirements specifications, as well as any other regulations and standards referred to in any of
the foregoing. In addition, and even without respective agreement, as a minimum standard any
generally applicable state of science and technology standards and regulations, and in case of
Suppliers own development and design any respective Suppliers documentation relating to the
relevant part, as approved and released by FTE, shall also form part of these mandatory technical
documents; however, no releases or approvals by FTE shall relieve and exempt Supplier from its
responsibility to supply products without any defects.
Based on such technical documents, Supplier shall prepare internal production drawings, production
and test plans, technical specifications, FMEAs, as well as instructions in the required scope. In the
sense of preventive quality planning, Supplier shall also comply with the provisions of Section 2,
paragraph 3 of this Quality Agreement.
Supplier shall assure that all parts and components are always manufactured and tested in
accordance with the available and most recently agreed and FTE-released technical documents.
5.
at least a quality assurance system complying with ISO 9000 et seqq. and including the obligation
of the zero-defect target and continuous improvement exists and is maintained by Suppliers
subsuppliers important for the Supplies of raw materials, products and services to FTE. The
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__________________________________________________________________________________________
FTE automotive GmbH Postfach 1180 D-96104 Ebern Telephone 09531/81-0 Telefax 09531/813711
All rights reserved. Circulation or reproduction without express written approval is prohibited.
Quality Agreement
QS036en
QS036en/20.06.2012
quality management systems of Suppliers suppliers also comply with the requirements according
to ISO TS 16949 and ISO 14001, both in any of their most recent revisions. FTE may require
respective evidence from Supplier that Supplier has satisfied itself of the efficiency of such quality
assurance systems. In the event of quality problems, Supplier shall procure for FTE the
opportunity to perform an audit at Suppliers supplier.
-
raw materials, products and services procured by Supplier shall only be finished, processed or
installed upon establishment of their suitability and compliance with the technical documents;
satisfactory machine and process capabilities according to VDA Part 4 Qualittskontrolle in der
Automobilindustrie Sicherung der Qualitt vor Serieneinsatz (most recent version) exists for all
production processes and machines involved in the manufacture of the Supplies for FTE.
Suitable processes shall be applied by Supplier for ensuring the quality. This includes, but is not
limited to:
-
Test planning;
Failure Mode and Effect Analysis (process FMEA) and for Suppliers own designs (design FMEA)
according to TL 036 (Appendix).
Statistic Process Control (SPC) and Simple Process Control (EPR) for all weighted characteristics
according to TL 036 (Appendix).
These processes are subjected to the standards acknowledged by the automotive industry, e.g.
Q-DAS or FORD. In particular, Supplier shall observe and comply without undue delay with the
following:
On an occurrence of systematic influences, the causes shall be analysed and relevant
remedial actions shall be initiated and documented;
Normal distribution test, and a further process analysis is required in case of not normally
distributed processes;
Establishing of the process and machine capability factors: Refer to TL 036, Matrix
(Appendix).
Any and all tests shall be designed according to the degree of the process capability reached, the
significance of the respective quality characteristics and the possible consequences of defects, and
shall be fully documented in test plans.
The test equipment listed in the test plans shall be designed in terms of kind and scope in a way that
all agreed quality characteristics can be tested. The test equipment shall be monitored in fixed
intervals so as to ensure its compliance with the dimensional accuracy. Capability of the test
equipment applied shall be evidenced by an analysis of the measuring system. On monitoring the test
equipment, traceability to the relevant standard must be assured.
Quality Agreement
QS036en
QS036en/20.06.2012
In order to accomplish these objectives in a systematic manner, it is necessary to actively involve also
the Suppliers especially in the environmental protection and occupational safety. All FTE suppliers
shall therefore aim at an environmental management system according to ISO 14001 and an
occupational safety management system according to OHSAS 18001.
To this end, Supplier submitted to FTE a true and correct self-disclosure on environmental
management (refer to form QQ181, Appendix).
7. Quality Deviation
As a matter of principle, Supplier shall only deliver to FTE such Supplies that do not deviate from the
agreed requirements (including the technical documentation stated in Section 3) and specifications. In
the scope of a documented deviation procedure, Supplies deviating from the required quality shall
only be delivered or rendered respectively, upon FTE having approved the same in writing. Such
Supplies, as well as any delivery documents shall be conspicuously and unambiguously marked with
a note referring to the approval of deviation issued by FTE. No approvals of deviation by FTE shall
relieve and exempt Supplier from Suppliers responsibility for defect-free supply parts and also in this
respect, Supplier herewith waives any statutory or other objections regarding the purchase or
acceptance of defective supply parts in knowledge of defects.
10. Documentation
Any and all quality-assuring measures (quality assurance system) shall be documented by Supplier in
a manual of quality assurance, or, as the case may be, in supplementary internal
regulations/instructions on quality assurance.
Any and all test protocols and acceptance documents, as well as any and all test documentation
communicated by Supplier shall be stored by and kept on file at Suppliers site at least throughout the
period of series deliveries to FTE, and, with regard to parts or components subject to a documentation
requirement, for 15 years after the last series delivery.
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__________________________________________________________________________________________
FTE automotive GmbH Postfach 1180 D-96104 Ebern Telephone 09531/81-0 Telefax 09531/813711
All rights reserved. Circulation or reproduction without express written approval is prohibited.
Quality Agreement
QS036en
QS036en/20.06.2012
Furthermore, any and all results from tests regarding raw materials, parts and services, as well as any
and all results from the monitoring of the test equipment and from approval procedures for deviations
at FTE shall be stored by and kept on file at Suppliers site for at least 15 years after the last series
delivery.
Upon agreement with FTE, Supplier shall submit the certificates and documents according to EN 10204.
With regard to Supplies designed and / or engineered by Supplier or Suppliers suppliers, any and all
additionally existing documents on first trials shall be stored by and kept on file at Suppliers site for
the duration of the series deliveries to FTE, and for 15 years thereafter with regard to parts and
components subject to a documentation requirement.
Any and all documents stored and kept by Supplier shall be submitted at any time to FTE upon FTEs
request.
11. Auditing
FTE and FTEs representatives, as well as FTEs customers if so required for FTE, shall be entitled to
reasonably inform themselves on the manufacturing and quality assurance system of Supplier by
visits announced on good time and to access the production sites, testing sites, storages and adjacent
areas. On the occasion of such audits, Supplier shall be obligated to allow FTEs representatives and
FTEs customers to inspect the following:
-
Suppliers manufacturing processes applied for the production of the FTE parts and components;
Any and all quality assuring measures and organisational units;
The quality assurance manual;
The documentation according to Section 10;
Suppliers management system relating to environmental matters and occupational safety.
With regard to necessary and reasonably protection of business secrets, FTE will respect restrictions
to the right to information.
Quality Agreement
QS036en
QS036en/20.06.2012
to any further delivery. FTE shall not be obliged to issue a special release or approval, however, the
issuance of such special release or approval by FTE shall not relieve and exempt Supplier from its
liability and warranty for former or future defective Supplies of parts and components. Also in this
respect, Supplier herewith waives any statutory or other objections regarding the purchase or
acceptance of defective supply parts in knowledge of defects.
If, by the delivery of parts that do not comply with the contractual agreements, any production
stoppages at FTE or FTEs customer threaten to occur, Supplier, after respective agreement with
FTE, shall promptly take suitable remedial actions with cost to be borne by Supplier (e.g. replacement,
sorting, rework, special shifts, express delivery etc).
If Supplier, by complaints or in any other way, learns that Suppliers parts and components may be
defective, Supplier shall analyse such parts and components without undue delay and inform FTE
about the cause of the deviation and remedial and preventive actions initiated, as well as their
efficiency. Supplier, in the scope of Suppliers capability and under Suppliers responsibility, shall take
into due consideration any proposals from FTE regarding the improvement of quality and processes
(also as a consequence of possible audits); to this end, Supplier shall prepare action plans, implement
them in due time and inform FTE thereof respectively.
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__________________________________________________________________________________________
FTE automotive GmbH Postfach 1180 D-96104 Ebern Telephone 09531/81-0 Telefax 09531/813711
All rights reserved. Circulation or reproduction without express written approval is prohibited.
Quality Agreement
QS036en
QS036en/20.06.2012
18. Severability
Should any of the provisions of this Agreement be or become invalid or void, the validity of the other
provisions shall not be affected. The parties shall then replace the invalid provision by a valid
provision coming as close as possible to the purpose of the invalid provision. The same shall apply to
the filling of contractual gaps.
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__________________________________________________________________________________________
FTE automotive GmbH Postfach 1180 D-96104 Ebern Telephone 09531/81-0 Telefax 09531/813711
All rights reserved. Circulation or reproduction without express written approval is prohibited.
Quality Agreement
QS036en
QS036en/20.06.2012
Page 10/10
__________________________________________________________________________________________
FTE automotive GmbH Postfach 1180 D-96104 Ebern Telephone 09531/81-0 Telefax 09531/813711
All rights reserved. Circulation or reproduction without express written approval is prohibited.