Full Terms and Conditions

General Requirements: MJS Designs, Inc. Purchase Order Number must be referenced on all packages/packing slips and Invoices. Where Applicable; All Subcontracted work will be performed in accordance with All Specification(s) /Drawing(s) and/or Information passed down during the Quoting Phase. A Certificate of Compliance (or C of C) is required for ALL Items listed on this PO with the only exception being Office Supplies. Supplier(s) must ensure their personnel are aware of: Their contribution to product or service conformity. Their contribution to product safety; The importance of ethical behavior. The use of statistical techniques for product acceptance and related instructions for acceptance by the organization.

Calibration Requirements: Calibrate to manufacturers specifications annually unless otherwise specified and traceable to NIST (National Institute of Standards & Technology).

Conflict Minerals: No products sent to MJS Designs, Inc. shall contain any products sourced from the DRC and Unapproved Smelters using the most up-to-date S.E.C. listing of approved smelters by the U.S. Government. Seller (distributor, manufacturer, vendor, seller etc.) must have performed Due Diligence to confirm that the products shipping to MJS Designs, Inc. do NOT contain Conflict Minerals as defined by Section 1502 of the Dodd-Frank Act including Section 13(p) of the S.E.C. Act of 1934  https://www.sec.gov/rules/final/2012/34-67716.pdf

Cyber Security Requirements for CUI Data and/or Manufacturers of Bare Boards, Stencils, Fabricated Items, Modification Files, Test, Conformal Coating the following will apply:

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

252.204.7009 Limitation on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204.7020 NIST SP800-171 DOD Assessment Requirement

252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement

Documented Information:

1.) The supplier is required to retain records identified in the PO and/or Email for no less than ten (10) years. Documented Information shall be made available upon request and shall be retained in a safe, accessible location for a period of ten (10) years. Where applicable, Seller’s records associated with the manufacture of serialized or lot-controlled articles will provide for continued traceability of serial numbers or lot number identification through all phases of manufacture, commencing with the raw material and continuing through final acceptance of the end item. Records held for the required retention period ten (10) years shall not be destroyed without MJS Designs, Inc. written concurrence.

2.) At MJS Designs, Inc, request and upon completion of performance under the Order, and expiration of recordkeeping obligations under this purchase order, Seller and it suppliers shall destroy or return to MJS Designs, Inc. all Technical Data, as instructed by MJS Designs, Inc. Destruction applies to both physical and electronics copies of Technical Data, including archived copies by means suitable to satisfy MJS Designs, Inc., ITAR and/or customer security requirements.

Conditions of Purchase – This purchase order is subject to the following conditions:

1) The Seller warrants that the goods and services described herein shall be free from defects in workmanship and materials and shall strictly conform to applicable specifications and, if of Seller’s design, shall be free from design defects. These warranties shall be in addition to any other warranties express, implied or statutory.

2.) All materials/product shall be subject to inspection/verification and test by MJS Designs, Inc. and /or its customers to the extent practicable at all times and places; and in any event prior to acceptance.

3.) MJS Designs, Inc. reserves the right to perform on-site inspection/verification at Seller’s premises, with appropriate notification, prior to finalizing any terms of sale. Failure to comply with this requirement will result in nullification, prior to finalizing any terms of sale as well as endanger future purchases (right of access by the organization, their customer and regulatory authorities to the applicable areas of all facilities, at any level of the supply chain, involved in the order and to all applicable records). In addition, in regards to subcontractors/Fabricators and Itinerant or Resident Representatives and Government Visits, the Subcontractor/Fabricator agrees, upon request from MJS Designs, Inc., to allow the U.S. Government contracting officer under the prime contract or authorized representatives, to visit the Subcontractors/Fabricators facilities to review progress and witness testing pertaining to the requirements of this purchase order and previous drawings/instructions/direction given during and after the quoting process. The Subcontractor/Fabricator shall furnish the contracting officer and his/her representatives all reasonable facilities and assistance for the safe and convenient performance of the actions described.

4.) Inspection/verification activities conducted on-site shall not absolve Seller of the responsibility to provide acceptable product, nor shall it preclude subsequent rejection by MJS Designs, Inc.

5.) In the event that any materials/product are defective in material or workmanship or otherwise not in conformity with the requirements of this Purchase Order, MJS Designs, Inc. shall have the right either to reject or to require correction or replacement at the Seller’s expense promptly after notification. Seller shall notify MJS Designs, Inc of nonconforming product, obtain MJS Designs, Inc approval for nonconforming product disposition, notify MJS Designs, Inc. of changes in product and/or process, changes of suppliers, changes of manufacturing facility location and, where required, obtain MJS Designs, Inc approval, and flow down to the supply chain the applicable requirements including customer requirements.

6.) The seller shall provide and maintain an inspection system acceptable to MJS Designs, Inc. covering the materials/product. In addition, Seller shall have in place a quality assurance system meeting AS9100 current revision or MJS Designs, Inc.’s standards of acceptability.

7.) The seller shall not disclose any information relating to this Purchase Order or any Quote to any persons or organizations not entitled to receive it. The Seller nor any of its employees, agents, or representatives is permitted to directly communicate with any employee, agent, or representative of MJS Designs, Inc. (or end Customer when end Customer is not MJS Designs, Inc. direct Customer) regarding any matter related to this Purchase Order or Quote or Email where end customer information was provided previously during the Quoting or Ordering Process. The Seller shall not engage the end Customer when end Customer is not MJS Designs, Inc. directly in discussions relating to disputes between the Parties. Further, neither Party shall engage in discussions with the Customer ( or end Customer if applicable) relating to any other matter that may adversely impact the other Party’s relations with the Customer (or end Customer if applicable). In the event of inadvertent contact or discussions with any customer (or end Customer when end Customer is not MJS Designs, Inc. direct customer) personnel, the subcontractor employee will document the contact and the discussions between the parties. The Subcontractor will provide the documentation related to the contact to MJS Designs, Inc. Purchasing Manager or Supply Chain Manager within three workdays of the contract/purchase order.

8.) Seller warrants that in the performance of this Purchase Order, Seller has complied with or will comply with all applicable Federal, State and Local laws and ordinances; and all lawful orders, rules and regulations there under including, but not limited to, the applicable provisions of the Fair Labor Standards Act of 1964 and the Occupational Safety and Health Act of 1970 and all regulations, orders, standards and any amendments issues pursuant thereto.

ENDING TRAFFICKING IN PERSONS – As required by FAR 22.1701, FAR 22.1702, FAR 22.1703, and FAR 22.1704, and, where applicable, Defense Federal Acquisition Regulation Supplement (DFARS), employees, consultants, subcontractor, vendor, distributor, supplier, manufacturer or agent performing any work under this Purchase Order shall not: (i) engage in or support trafficking in persons; (ii) procure commercial sex acts; (iii) use forced labor in the performance of the contract; (iv) destroy, conceal, confiscate, or otherwise deny access by an employee to the employee’s identity documents, such as passports or driver’s licenses; (v) use misleading or fraudulent recruitment practices during the recruitment of employees, or fail to disclose information about the key terms and conditions of employment, including wages and fringe benefits, the location of work, living conditions and housing (if housing is provided or arranged), any significant costs to be charged to the employee, and, if applicable, the hazardous nature of the work; (vi) use recruiters that do not comply with local labor laws; (vii) charge recruitment fees to employees; (vii) fail to provide or reimburse return transportation costs upon the end of employment for non-national employees brought into a country for the purpose of working on a U.S. government contract or subcontract; (viii) provide or arrange housing that fails to meet the host country housing and safety standards; and (ix) fail to provide a written agreement if required by law or contract, in the employee’s native language at least five days before the employee parts from his or her country of origin.  Seller shall immediately report suspected violations of these requirements to MJS Designs, Inc. at HumanResources@MJSDesigns.com 

Incidents of suspected human trafficking activity may also be made to the Global Human Trafficking Hotline at 1 -844-373-7888 or Text *233733 and https://humantraffickinghotline.org/en

Should subcontractor, vendor, distributor, supplier, manufacturer or agent violate any of these requirements set forth in FAR Subpart 2 2.17 during the course of performance under this Purchase Order, MJS Designs, Inc. may terminate performance of work under this Purchase Order in whole or in part. Upon request, subcontractor, vendor, distributor, supplier, manufacturer or agent shall provide information to MJS Designs, Inc. demonstrating its compliance with these requirements, including, where applicable, a compliance plan and any corrective actions implemented as a result of any violations of these requirements.

STANDARDS OF BUSINESS ETHICS & CONDUCT – MJS Designs, Inc. is committed to conducting its business fairly, impartially and in an ethical and proper manner. These characteristics make it imperative that MJS Designs, Inc. employees adhere to a particularly high ethical standard in accordance with MJS Designs, Inc. Code of Conduct. MJS Designs, Inc. values relationships that are grounded in a shared commitment to performing in accordance with the highest standards of professional business conduct and encourages all suppliers to implement an effective ethics program, including adopting a written code of conduct. In performance of this purchase order, MJS Designs, Inc. expects the Seller to conduct themselves in a manner consistent with the principles expressed in either the MJS Designs, Inc. Code of Conduct or the Defense Industry Initiative (DII) Model Supplier Code of Conduct. As evidence of our commitment, should Seller wish to review MJS Designs, Inc.’ ethics training for your organization, request a copy through MJS Designs, Inc. purchase order point of contact. If Seller has cause to believe that MJS Designs, Inc., employee or agent of MJS Designs, Inc., or any Subcontractor employee has acted improperly or unethically under this agreement/purchase order, Seller shall report such behavior to MJS Designs, Inc. at HumanResources@MJSDesigns.com . MJS Designs, Inc. provides its Code of Conduct for informational purposes only, and makes no representations as to its appropriateness for use outside of MJS Designs, Inc. Failure to comply in any one or more instances, to insist upon performance of any of the terms or conditions of this Purchase Order, exercise any right or privilege contained in this Purchase Order, or the waiver of any breach of the terms or conditions of this Purchase Order shall not be construed as thereafter waiving any such terms, conditions, rights or privileges.

All Suppliers Shall adhere to MJS Designs, Inc. Counterfeit Compliance Clause:

No counterfeit parts, as defined herein, shall be used in parts supplied to MJS Designs. Definition:

1. A) “Counterfeit Part”: A part that is a copy or substitute without legal right or authority to do so or one whose material, performance, or characteristics are knowingly misrepresented by a supplier at any level in the supply chain. Examples of counterfeit parts may include, but are not limited to:

1) Parts which do not contain the proper internal construction (Die, Manufacturer, Wire Bonding, etc.) consistent with the ordered part;

2) Parts which have been used, refurbished, or reclaimed, but represented as new product;

3) Parts which have a different package style or surface plating/finish than the ordered parts;

4) Parts which have not successfully completed the OEM’s full production and test flow, but are not represented as completed product;

5) Parts sold as up screened parts, which have not successfully completed up screening; or,

6) Parts sold with modified labeling or markings intended to misrepresent the part’s form, fit, function, grade, or manufacturing date.

1. B) “Part”: The lowest level of separately identifiable items (e.g., piece parts). Only authentic parts and/or components directly from the Original Equipment Manufacturer (OEM or OCM) or through the OEM/OCM authorized distribution chain shall be authorized for the subject order line.
2. C) Supplier Certificate of Compliance (C of C) and the Manufacturer C of C (UNLESS OTHERWISE STATED IN WRITING) are Required for the parts listed on this Purchase Order.

NOTE: The recording of false, fictitious or fraudulent statements or entries on this document may be punishable as a felony under Federal Statutes including Federal law, Title 18, Chapter 47.