Company
 
 
 
 

General terms of business and agreement for Service Contracts

Between:

ASIG Quality Services Co., Ltd.
No. 13-1, Ln. 19, Wen  33rd St., Guishan Dist., Taoyuan City 33381, Taiwan (R.O.C.)

-hereinafter referred to as “ASIG”-

and

Customer

-hereinafter referred to as “customer”-

Preamble

1. The customer buys products from external suppliers. The product was developed as well as qualified and tested by the external manufacturer and has all needed approvals.

2. The product was specified and defined and is possibly equipped with customized features by the customer. Partly the customer can deliver own components to the factory of the supplier, which the manufacturer assembles in his production line.

3. ASIG is testing products in its lab to confirm compliance to customer and manufacturer specifications. Test criteria needs to be defined prior to testing between ASIG and customer.

4. ASIG goes on behalf of the customer into the factory of supplier and monitors by order of the customer, correct realization of the customer’s requirements during the production through sample test of finished goods.

A.  Services Obligation of ASIG

A1. ASIG performs lab tests in its own labs and/or qualified consultant & inspection services in the factories according to customer requirements. Prior to lab tests and inspection service, there must be a detailed technical specification and customer acceptance criteria (CAC) & inspection checklist defined and agreed upon in writing by customer & ASIG for each product.

A2. The source inspection will be performed according to MIL Std. 105 respectively DIN ISO 2859-1. AQL for critical, major and minor defects and lot size and sample size will be defined in the CAC.

A3. ASIG will not be responsible for product adherence or conformance to regulatory standards & law (e.g. product safety, EMI, FCC, UL, GS etc.). ASIG does also not check the violation of any intellectual property rights or industrial property rights like trademarks, patents or similar rights and assets.

A4. All tests and reports in ASIG labs are limited by items mentioned in each report’s limitation sheet.

A5. All test results and quality records will be stored by ASIG for a maximum period of 2 years.

A6. ASIG will document deviations of the product quality and inform the customer about it. The rejection or release of goods will only be done after agreement by the customer.

A7. If deficiencies with the goods are found. ASIG will handle the supervision of necessary rework action at the supplier. ASIG will take care about the documentation and the follow up of noticed deficiencies together with the customer and supplier.

A8. ASIG is the communication interface on site between customer ad supplier.

B.  Obligations of the customer

B1. The customer is obliged to test all products or components before input into production. Prior to production starts, all goods and components must be released by the quality assurance of the customer. In case that the customer did not follow up this obligation accordingly. ASIG is not liable in any case for the mistakes which would have been found if the prior tests had been done properly and had led to a rejection of the product by the customer.

B2. The customer is obliged only to order products from suppliers which have a certified quality system and work according to mutual defined, agreed rules. The customer has to ensure that ASIG has all necessary access, personal support and test equipment available in the factories of suppliers necessary to perform its services effectively.

B3. All consigned parts must be controlled at the supplier site by the customer or at their IQC according to an AQL sample plan.

B4. The customer is obliged to make sure that all changes to the product or the customer specification will be checked in advance and that changes will be implemented only after customer agreement.

B5. The customer is obliged to hand over to ASIG a complete up to date set of product documentation and sufficient information in due time prior to the inspection in order to enable the required services to be performed effectively. The necessary documentation has to include : Specification of the product, the product manual, the product configuration, service manual, accessory list, an overview of all released and built in components, a complete set of software, a qualification report, specific artwork information (e.g. colors, logos, carton, labels etc.). Revision history and all ECR’s and a detailed and mutually agreed acceptance test procedure or customer acceptance criteria (CAC).

B6. The information about shipments which need to be inspected must be given to ASIG by the customer at least 5 days before the planned inspection date.

B7. In case continuous improvement of quality is requested, the customer has to ensure that ASIG will received a monthly defect statistics report for every single product ASIG takes care of.

B8. If a lot was found faulty, it can only be released by the quality department of the customer.

C.  Forecast

C1. The customer provides a monthly inspection forecast including scheduled inspection, quantities and suppliers.

D.  Schedule and content of the order

D1. The order for ASIG services should be given to ASIG one month in advance in written form.

D2. The customer can order each of the following services : Quality Consultant Engineer / Local inspector / Laboratory Tests.

D3. With the ordered time for the assigned project the customer can also limit the working time for the project. However, in case of time limits the customer must be aware of the fact that limited time can cause limited results. Working time starts with travelling from ASIG office to the factory and ends after returning.

E.  Charges

E1. The actual charges are based on detailed quotations per requested services and the standard ASIG pricelist which will be provided on request.

F.  Travelling, accommodation expenses

F1. Costs for flight tickets will be charged at actual costs in economic class. If flight is necessary, customer will be asked for confirmation in advance.

F2. If hotel accommodation is necessary, it will be charged at actual costs.

G.  Payment conditions

G1. The work hours will be invoiced monthly of following month. Invoices must be paid via bank transfer to the ASIG bank account mentioned in the footer of the invoice latest 15 days after invoice receipt.

H.  Sample Handling

H1. As long as there is no other agreement between ASIG and customer, all received test samples will be destroyed 4 weeks after the service is finished.

H2. This clause does not apply to any factory reference of golden samples.

H3. All shipping costs or possible customs duties during sample delivery have to be borne by the sender of the test samples.

I.  Liability

I1. ASIG is not liable for loss of earnings or consequential damages or any other damages and risks.

I2. ASIG is neither an insurer nor a guarantor and disclaims all liability in such capacity. Customers seeking a guarantee against loss or damage or quality risks should obtain appropriate insurance.

I3. In case of negligent breach of a material contractual obligation by ASIG. ASIG shall be liable to damages for the predictable damage. Then the liability shall be limited to the actual cost to cover damages but not more than the amount of 2 times the ASIG invoice for the specifically inspected or tested units for material and property damage including latent costs.

I4. The service of lab testing, inspection or quality consultancy as well as product release for delivery does not mean in any case that ASIG takes over the responsibilities for the warranty or quality of the product. Every quality problem, violation of the specification or sales contracts remains the responsibility of the customer or its supplier.

J.  None-competition clause

J1. During the validity of this contract and even 12 months after termination of the contract the customer is neither allowed to offer a job to an ASIG employee nor to hire an ASIG employee.

J2. Former ASIG employees must not be hired by the customer within 12 months after leaving ASIG.

J3. Above mentioned limitations are not valid in case the job and its tasks are not in any way related or similar to the tasks mentioned in this contract.

K.  Service contract duration

K1. Service contracts start after a quotation was accepted and first order was given.

K2. Contracts end one year after the first order if not otherwise mentioned in the contract.

K3. Service contracts shall be automatically extended by one year unless one of the parties to the agreement has given notice of termination at least three months prior to the expiration date. Termination can only be done in written form.

L.  Concluding stipulations

L1. This agreement shall be apply Taiwan local law (choice-of law)

L2. There are no supplementary agreements to this agreement to this agreement. Alteration and additions to this agreement shall only be valid when signed by both parties.

 



ASIG Quality Services Co., Ltd.
No. 13-1, Ln. 19, Wen  33rd St., Guishan Dist., Taoyuan City 33381, Taiwan (R.O.C.)
Tel  : +886-3-327 4881 / Fax : +886-3-327 4880
Copyright © 2015 ASIG Quality Services Co., Ltd. All rights reserved.