TERMS AND CONDITIONS OF THE PURCHASE ORDER

Shipping Instructions
Loran Aerospace Incorporated
Attn.: Andrea Jimenez
Shipping Address: 5077 Dallas Hwy #211,
Powder Springs, GA 30127 USA
Telephone: 1-770-726-8181
E-mail: andrea.jimenez@loranaerospace.com
Carrier: UPS
Account: A100W9
Freight Service (USA): Next Day Delivery
Freight Service (International): WW Express

TERMS AND CONDITIONS FOR PURCHASE ORDER

1. GENERAL TERMS
   Loran Aerospace Inc., Purchase Orders including any attachments, contain the complete and final agreement between Loran Aerospace Incorporated (“Loran”, “Loran Aerospace” or Buyer) and Supplier (Seller).
2. Upon acceptance of any Purchase Order by Seller, all the terms and conditions of the transaction and no term or condition at variance with the Order proposed by Seller in acknowledging or accepting this Order will be binding on Buyer unless specifically accepted in writing.
3. Buyer is only allowed to purchase from vendors pre-approved in advance. New vendors should ensure they receive a Loran Aerospace vendor number before completing first sale.
4. Buyer will not approve vendors that are debarred from doing business with the US Government or are listed on the US Department of State list of debarred persons / entities.
5. Seller shall not ship under reservation. Failure of Buyer to enforce any right hereunder shall not constitute a waiver of such right or any other rights hereunder. The Order and the agreement entered pursuant to its acceptance by Seller shall be governed and interpreted in accordance with the laws of the State of Georgia.
6. Neither the Order, any interest therein, nor shall claim there under, be assigned or transferred by the Seller except as expressly authorized by the Buyer.
7. Neither all, nor substantially all, of any order may be further subcontracted by the Seller without the prior written consent of the Buyer.
8. Buyer may, at any time, in writing make changes to an order. If any such change causes an increase or decrease in the cost or time required for performance of the work, the price and/or delivery schedule shall be equitably adjusted and the Purchase Order so modified. The Seller shall submit any claim for adjustment to the Buyer within seven (7) days following receipt of the Buyer’s written Change Order. Failure of the parties to agree to an adjustment shall be considered a dispute under the Disputes clause hereof; however pending resolution of any dispute, the Seller shall immediately proceed with the work as changed.
9. Payment terms shall be NET 30 days after receipt and acceptance of material. If a vendor wishes to have payment in advance, all trade references must be verified and a management determination by Buyer will be made. Even in these circumstances, specifically for initial / first time procurement, it is Buyer policy to only accept cash on delivery (COD) or upon verification of material in our possession to ensure a) delivery is made and b) material is in conformance with documentation provided and c) visual inspection to ensure goods are airworthy and in conformance with desired condition requested on the purchase order.
10. FOR SHELF LIFE AND AGE CONTROLLED MATERIALS, THE SUPPLIER/SELLER SHALL ENSURE THAT AT LEAST 75% OF MATERIAL LIFE IS REMAINING AT TIME OF DELIVERY, THIS REQUIREMENT MAY BE WAIVED BY LORAN MANAGEMENT.
11. The supplier shall perform 100% visual inspection for defects: caps, plugs, part name, part number, lot number, serialization, and trace documentation.
12. Buyer has the right of final approval of products supplied based on compliance to drawings, standards, and raw material certification requirements.
13. Seller must notify Buyer of any non-conforming processes, products or services and Buyer must give approval for their disposition.
14. To comply with Buyer’s requirements of their QMS, Buyer may conduct vendor evaluations, scorecards or other performance evaluations as defined on the Seller.
15. Most interactions between Buyer and Seller will be over electronic mail or telephone. Buyer does on occasion use online sourcing portals to inquire and receive initial quotations.
16. Buyer, as a distributor, normally has no specific design or development control requirements. Any special requirements, critical items or key characteristics on a “build to print” item or an item to be manufactured to a Buyer supplied drawing, will be listed on our PO.
17. If applicable, Buyer may request on-site product verification and inspection, at supplier’s premises, when source inspection is required.
18. All material delivered must be accompanied by a signed Certificate of Conformance (“CofC”) stating the material complies with the requirements of Buyer’s Purchase Order and drawing (when applicable). If not provided upon receipt, if not provided upon receipt, the invoice may be aged for payment based on final date of certifications received.
19. For Commercial aviation items, including parts in NE, NS, OH and RP conditions, an FAA8130-3 shall be supplied whenever possible. Buyer cannot automatically accept parts Commercial parts with a CofC only.
20. Seller shall supply a proper Bill of Lading signed by carrier or any other legal applicable documents providing title to the goods to the purchaser upon delivery, fully protecting all parties in case of damages in transit. All costs incurred due to improper packaging will be borne by the supplier.
21. Buyer reserves the right to designate requirements for first article reports or tests, specimens, design approval, inspection/verification sampling, statistical techniques, and/or key characteristics. Additional requirements above and beyond the normal deliverable items will be specified on the Purchase Order.
22. Seller must maintain the proper identification and revision status of specifications, drawings, process, requirements, inspection/verification instructions, and other relevant technical data. The latest revision of the specification or drawing to be used in manufacture and inspection, unless specific written instruction requesting a previous revision is specified.
23. Seller is required to maintain compliance to a Quality Management System standard and notify Buyer of changes to certification status (i.e. ISO9001, AS9100, AS9120, etc.).
24. Seller is required to notify Buyer of major changes to Loran operation, such as a change in manufacturing location, Loran Aerospace name changes, changes in ownership.
25. Seller is required to maintain records associated with the Purchase Order as required for a period of no less than 10 years.
26. Buyer retains the right of access of Buyer’s personnel, our customer, our regulatory authorities (including FAA and EASA), to the applicable areas of all facilities, and at any level of the supply chain, for the purposes of auditing the maintenance activity, relative to the Purchase Order in accordance with CFR 145.233(b).
27. Customer directed sources must operate in accordance with approved specifications and standards as directed and controlled by the customer in question. Any supplier requirements defined by Buyer’s customers will be stated on the Purchase Order, as applicable.
28. Seller is required to prevent delivery of counterfeit parts or material. Contact Buyer for any questions related to counterfeit material prevention and control.
29. Any nonconforming materials, parts, assemblies, subassemblies, systems, subsystems or services shall be documented and reported to Loran within 24 hours.
30. Seller is required to ensure that their personnel are trained to the requirements of the drawings, standards and Purchase Order requirements supplied by Buyer.
31. Seller must flow applicable requirements, including key characteristics and customer requirements, down to secondary level suppliers and subcontractors as necessary for compliance to requirements.
32. Seller is expected to act ethically, honestly, and with the highest standard of personal integrity always in the performance of work, product / service conformity and product safety.
33. No rights in any plans, drawings, or other data furnished by the Buyer or derived there from shall pass to the Seller in fulfillment of the order or be released to third parties without the written consent of the Buyer. To the extent that the items ordered are manufactured to designs not originated by Buyer, Seller guarantees that the sale and/or use of such items delivered hereunder will not infringe any United States or foreign patents. Seller agrees to indemnify and save Buyer harmless from any expense, loss, cost, damage or liability that may be incurred on account of infringement or alleged infringement of patent rights against the Buyer.

SPECIAL TERMS

Nonconforming Products

• Any nonconforming materials, parts, assemblies, subassemblies, systems, subsystems or services shall be documented and reported to Loran within 24 hours.
• No deviation will be considered approved or be allowed to ship to Loran without written confirmation from Loran.
• All nonconforming materials, parts, assemblies, systems, subsystems, or services shipped to Loran shall be clearly identified as such.
• Unless otherwise specified in the contract with the manufacturer, the below-specified nonconformity procedure will be applied before the product dispatch approval step. 

On-Site Acceptance: before dispatching the product from the manufacturer's warehouse, it must be approved by our authorized person. Once we meet any nonconformity during our on-site acceptance process, this will be notified to the manufacturer. The manufacturer must fix the non-conformance issue in a maximum of 2 weeks, if the manufacturer can not provide enough corrections on the products in this period, Loran will keep the order cancellation right. If the manufacturer needs more than 2 weeks to provide enough corrections, the manufacturer must need Loran's approval on this correction. 

Prohibited Practices

• Material substitution by Supplier/Seller is forbidden for all materials, parts, assemblies, subassemblies, systems, subsystems, or services supplied to Loran.
• Scrap: The Supplier/Seller shall return any furnished materials, parts, assemblies, subassemblies, systems, subsystems or services that Supplier/Seller has dispositioned as scrap to Loran. Loran shall determine whether the proper disposition will be scrap.
• Repair: The Supplier/Seller shall not repair a product without prior written approval of Loran.
• Rework: The Supplier/Seller shall not perform work outside of the specific specification limits.
• Use of Special Processes: The use of the following special processes is forbidden unless authorized by the Loran purchase order, flowed down prime source requirements, drawings, sketches, electronic files, or specifications: heat treat, welding, brazing, soldering, and all nonconventional machining.
• Re-Submittal of Rejected Items: The Supplier/Seller shall clearly identify items that were previously rejected by Loran and are being resubmitted to Loran.
• Use of Sub-Tier Suppliers: The Supplier/Seller shall not farm out work to a sub-tier supplier unless authorized by Loran.
• Notification of Location Change: The Supplier/Seller shall notify Loran prior to any change in location of its facility to allow Loran time, if required, to perform an on-site audit for supplier qualification.

Conflict Minerals: Supplier must comply with the requirements of the Dodd Frank Act on Conflict Minerals. Upon identifying that any of your suppliers procuring products containing minerals identified in the Dodd Frank Act from specified conflict regions, that end up in the final products that are sold to Loran, supplier will notify Loran in writing within 60 days.

Foreign Object Debris (FOD): The Supplier shall have a fully implemented FOD Prevention Program that provides for the Detection, Removal and Reporting of Foreign Object Debris. The procedure shall include provisions for customer notification, internal audits and training of personnel and will contain all necessary provisions of AS9146 & NAS412 as determined by the supplier’s Quality Assurance and Engineering functions. The supplier shall assure that every package, whatever its size, is without dirt or foreign objects that may be characterized as “FOD”.

Working Conditions and Human Rights: By acceptance of an order, the seller agrees that any material violation of law by seller relating to basic working conditions and human rights, including laws regarding slavery and human trafficking, applicable to sellers’ performance under this purchase order may be considered a material breach of contract for which Loran Aerospace may elect to cancel any open orders with the seller at no cost to Loran Aerospace.

Russian Material Exclusion: All material with a melt source within Russia is prohibited from being used to manufacture products procured for Loran Aerospace (excluding tooling). If Russian material is to be used, written authorization must be obtained from Loran Aerospace purchasing representative prior to manufacturing / shipping products to Loran Aerospace.

International Standards: Packaging must comply with ASTM-D3951 and/or Mil-STD-2037 standards,

Thread and Shank Protection: Unless otherwise specified by required packaging requirement, all externally threaded fasteners 3/8” diameter and above shall have the full length of the threads and shank protected from handling damage by covering these areas with plastic sleeves. The sleeves shall be appropriately sized so as not to fall off during normal handling. Other alternative methods of protection can be used, such as covering the entire fastener with protective webbing or protect the fasteners from touching each-other by packaging the fasteners using the vacuum packaging method. External threads, splines and close tolerance surfaces shall be provided additional protection by means of individual ferrules or additional wrapping.

Warning Labels: Depending upon content, boxes must identify with instruction such as: “Fragile Handle with Care”, “Delicate Unit”, “This Side Up”, up arrows, “Center of Balance”, “Keep Dry”, “Do not Use Forklift”, Do Not Stack”, “Open This Side”, “Do not open This Side”, “Glass-Fragile”, etc.…

Corrosion Preventive: Packaging must prevent damage such as corrosion, mildew, scratching, denting, and salt contamination of part. The supplier is responsible for selecting packaging materials. Materials shall be chemically compatible with transport material and the mode of transport used (maritime, air or road),

Coated Products: It is the supplier's responsibility to package the products according to the coating type. Appropriate packaging equipment will be used to ensure that the products remain healthy and undamaged on the shelf for a long time, depending on the coating type.

LABELLING

Product descriptive labels must include at least the following information:

Product Information:

• Product Name,
• Manufacturer Part Number,
• Customer Part Number,
• Manufacturer Product Reference Number (if any),
• Lot/Batch/Serial Number and Quantity
• Manufacturer CAGE Code,
• Product Origin Information,
• Raw material (standard and heating number) detail, and (if any) heat treatment, coating, welding etc. information,
• Date of manufacturing,
• Packaging Date,
• Product amount in the Package
• Shelf-Life information (for shelf-life limited products),
• Product condition (for only Overhauled, Serviceable, As Is)

Customer Information:

• Loran Aerospace full name and address,
• Loran purchase order reference number,
• Loran Order Quantity,
• Delivery Quantity,
• Back-order amount (if any),
• Delivery Date

LORAN AEROSPACE PURCHASE ORDER FORM
Form No: 050720
Form Date: 09.06.2022
Form Revision No: 02
Revision Date: 07.04.2024