Manufacturer Contract Information
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1 MET Laboratories, Inc. Safety Certification - EMI - Telecom - Environmental Simulation - NEBS 914 WEST PATAPSCO AVENUE BALTIMORE, MARYLAND PHONE (410) FAX (410) METrak Job Number Applicant Products Manufacturer Contract Information Important! Product approval cannot be issued until this document is returned to MET fully completed. This document does not authorize the application of the MET Mark to be applied to any products. It is IMPORTANT to READ this document and understand the conditions for maintaining this Certification. This document may be completed electronically. Other wise, please print clearly. By signing this document, the Manufacturer is agreeing with the requirements described within this document. This document should be signed by an officer of the product's manufacturer. Table of Contents MANUFACTURER CONTRACT... 2 MANUFACTURER QUALITY SYSTEM REQUIREMENT... 4 FOLLOW-UP INSPECTION REQUIREMENTS... 6 MANUFACTURER DATA... 7 SAFJ Form of 7 Rev. October 20, 2010
2 MET Laboratories, Inc. Safety Certification - EMI - Telecom - Environmental Simulation - NEBS 914 WEST PATAPSCO AVENUE BALTIMORE, MARYLAND PHONE (410) FAX (410) MANUFACTURER CONTRACT This Contract is made at Baltimore, Maryland by and between MET LABORATORIES, INC. (hereinafter referred to as MET) and the following: Manufacturer*: (Company name) Address: (Hereinafter referred to as the "Manufacturer")* The full legal Manufacturer name and address is required and is how the information will appear in all documentation issued by MET. Only the product(s) designed and engineered by the Applicant and/or manufactured by the Manufacturer at the Manufacturer's facility at the above address, which have been authorized by MET to bear the appropriate MET certification (hereinafter referred to as the "MET Mark") are covered by this Contract. NOW, THEREFORE, in consideration of the premises set forth in this Contract, the above mentioned party agrees that: MET s authorization to apply the MET Mark to the Applicant's product(s) on or adjacent to the product's identification plate or label. The product's identification plate or label will include the applicant's name or trademark, product model number, electrical ratings, and any other marking required on the plate or label stipulated in the Certification Report for the product(s). Only products visually bearing the MET Mark will be acknowledged as being a MET certified product. The application of the MET Mark shall be accomplished under the authority and periodic supervision of a MET auditor. The Manufacturer agrees to authorize MET to subcontract an approved MET representative to act on MET s behalf as the auditor. The Manufacturer is required to complete and return to MET this Contract, agreeing to allow the inspector free and unrestricted access to the Manufacturer's facility during normal working hours for the purpose of permitting this supervision of MET Mark application. The MET auditor will perform an announced initial factory assessment and subsequent unannounced follow-up inspections. The Manufacture also agrees to grant reasonable access to same by our accrediting bodies if such access is relevant to the maintenance of product certification. SAFJ Form of 7 Rev. October 20, 2010
3 The Manufacturer further acknowledges that MET supplied labels are and shall remain the property of MET until affixed to the product. MET supplied labels may only be applied at the location where follow-up inspections are authorized and conducted. If a product is in the field with no label, only an approved MET representative is allowed to go into the field and affix a label containing the MET Mark. The Manufacturer understands and agrees that MET is allowing the Manufacturer to have custody of labels only as a convenience and shall only be applied to the product upon authorization from MET. In the event the Manufacturer violates the requirements of this Contract, after giving effect to any cure provision set forth herein, upon demand made by MET, the Manufacturer shall immediately return all unused labels, and shall furnish an accounting of all labels used and cease the application of the MET Mark to the product. The application of the MET Mark or any reference to MET shall not be permitted on any non-eligible product(s), packaging, or literature. If the Manufacturer applies the MET Mark to unauthorized products, then the Manufacturer shall save, indemnify, and hold harmless MET LABORATORIES, INC. from any and all claims which may arise out of said unauthorized action. The MET Mark and/or references to MET are permitted on promotional, advertising, and packaging of MET Marked product(s) provided that misrepresentation of results of the marking process and/or this Contract does not occur. Final judgment as to the suitability of use will be determined by MET and communicated to the Applicant and Manufacturer. MET reserves the right to disclose to third parties basic descriptive information about the product including: the name of the manufacturer, model of the product and/or exterior image of the product. The Manufacturer must notify MET immediately if the Manufacturer becomes aware of a potential hazard with respect to the covered product Compliance with all requirements and stipulations of the Report and this Contract between MET and the Manufacturer is required for compliance with this Contract. Non-compliance with all or part of this Contract may result in termination of the Contract. The Manufacturer assumes responsibility for complying with the requirements of the product's Certification Report and this Contract regarding the application of the MET Mark. The Manufacturer is responsible for applying the MET Mark to only eligible product(s). In the event the Manufacturer violates the requirements of this Contract and fails to cure any such violation within 10 business days (or within the time frame given by the MET inspection agent, whichever time frame is less) from the date the Manufacturer receives written notice of such violation from MET, MET can immediately, at MET's discretion, terminate this Contract and void all authorities granted the Manufacturer from this Contract. Upon demand made by MET, the Manufacturer shall immediately terminate application of the MET Mark to any product(s) stipulated at any time by MET to be ineligible. MET may immediately terminate a certification if a fee for factory inspections or annual licensing is not paid within the 30 day terms. The observance of the aforementioned requirements for the product is a condition for continued use of the MET Mark. However, MET assumes no responsibility of Applicant or the Manufacturer or any other party resulting out of the sale or use of the product. SAFJ Form of 7 Rev. October 20, 2010
4 Manufacturer Quality System Requirement The Manufacturer is required to be able to produce a product, the same as was evaluated and/or tested by MET. To support that requirement there are several very basic quality requirements that are required to give MET the capability to perform manufacturer factory inspections. These items must be in effect prior to production and labeling of the product. These items will be reviewed at the Manufacturer during the pre-certification factory inspection. Confirmation Of Production-Line Testing Most products are required to pass Dielectric-Strength testing and Grounding-Continuity testing as part of the production-line inspection process. Refer to the Certification Report for details. Quality Elements 1. For Hazardous Location Equipments, (not allowable for Sign Shop Program), this requirement supplements the requirements in paragraph 2: A. An E.C.R. /E.C.N. (Engineering Change Request/Engineering Change Notice) system that allows for production changes are required. This should include a review by the person/department responsible for informing MET of proposed changes to the product. Drawings must contain drawing numbers and revision identification. 2. All other products: A. Purchasing: a procedure to insure that a master purchase list or other document is maintained and used for completing purchase orders. This procedure should include the manufacturers/sources, manufacturers part numbers, electrical ratings, requirements for listed or recognized components/parts. This information is included in purchase orders where necessary to insure that purchased materials are the same as those originally tested. B. Receiving: a procedure to insure that incoming materials are checked against purchase orders, drawings, specification, etc. and that non-conforming materials are quarantined. C. Inventory control: a procedure to control incoming/outgoing inventory and where required a FIFO (First-In-First-Out) type of system is in place. D. Manufacturing: a procedure or procedures to insure that manufacturing is using only approved/current drawings, approved samples or other conventional manufacturing processes issued or approved by responsible departments (e.g., engineering, quality). This should include a review by the person/department responsible for informing MET of proposed changes to the product. Also a procedure exists to resolve discrepancies between drawings, procedures or instructions and components or materials issued from inventory that do not meet requirements. SAFJ Form of 7 Rev. October 20, 2010
5 Manufacturer Quality System Requirement (Continued) E. Customer Quality Assurance Requirements: a procedure to insure that any internal quality assurance steps (e.g., testing, visual inspections or other quality functions) are documented and available to the MET auditor. This procedure should include a section to quarantine all nonconforming products. Examples are production records, travelers, quality check lists, etc. F. Product Certification Testing Requirements: a procedure to insure that Certification imposed testing or quality requirements such as dielectric strength testing, ground continuity testing or pressure testing is conducted and documented. This procedure should include a section(s) to quarantine all non-conforming products and monitor failure trends. If this type of routine factory testing is required, it will be identified in the product Certification report provided by MET. This testing MUST be documented and available for the auditor s review at each inspection. G. Equipment Maintenance, Repair and Calibration: a procedure to insure that where required (mandatory for F above), equipment used for test and evaluation is kept in good repair and has current calibration. Equipment must be calibrated by a reputable calibration department or laboratory where standards are traceable to the National Institute of Standards (NIST) and calibration records be maintained for a minimum of 1 year from the date of calibration. The minimum requirement for frequency of calibration for equipment in F above is 12 months. H. Complaint Procedure: A procedure to keep record of all complaints made known to the Applicant/Manufacturer relating to the product s compliance. Records will be inspected during all follow-up inspections. Take appropriate action with respect to such complaints and any deficiencies found in products or services that affect compliance with the requirements for certification. Complaint trends shall be monitored and MET must be made aware of any unsafe product that reaches the marketplace. Document the actions taken. SAFJ Form of 7 Rev. October 20, 2010
6 Follow-Up Inspection Requirements Follow-up inspections are required to be conducted at the manufacturing location. The first follow-up inspection at a factory will also constitute the initial factory assessment (a one-time fee will be charged for this). During the first visit, the auditor will confirm the quality system elements and testing equipment. The auditor will review required Manufacturer s documentation and discuss the format for future follow-up inspections. The auditor will explain the Follow-up Inspection Form, and answer any questions your production staff might have about inspections. This first inspection is coordinated by the auditor with your staff. Subsequent follow-up inspections after the initial inspection are conducted unannounced. Once the auditor arrives at the Manufacturer s facility, the inspection must be conducted regardless of production status. If there is/are major non-compliance(s) or if there is an increase in the number of different products/categories of equipment being MET marked, it may result in additional inspections determined necessary by MET Laboratories. If the Manufacturer ceases production of a MET evaluated product, written notification is required. After receipt of the proper notification, follow-up inspections will be placed on hold. The Manufacturer must return any unused labels, imprinting plates, etc. MET will place the notification letter and label/marking related materials on file for up to two years. Any time during that two year period, the Manufacturer may again build and label a MET evaluated product after notifying MET that production is to restart. At that time, MET will return the unused labels, imprinting plates, etc. after a successful pre-certification factory inspection and place the Manufacturer back into the inspection schedule. Assuming that no changes have been made to the product, the re-start of production beyond the two year point shall only require a precertification inspection of the manufacturer and a review of the product file. SAFJ Form of 7 Rev. October 20, 2010
7 Manufacturer Data Contact information: Primary: Alternate: Name: Name: Phone: Phone: Fax: Fax: Directions to the Manufacturer from: The closest major airport, or interstate: Special information: (Vacation shut downs, reduced summer hours, and so on) This document shall continue in effect for the initial Contract year and shall automatically be renewed thereafter for periods of one year from the anniversary date, unless the otherwise terminated for cause, as set forth herein, and/or any party to this Contract gives not less than thirty (30) days prior written notice of the intent to terminate. Termination of this Contract does not affect any responsibilities of MET, the Applicant, or the Manufacturer prior to the termination date. IN NO EVENT WILL ANY PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT. AUTHORIZED SIGNATURE AND TITLE: PRINTED NAME & DATE: MET LABORATORIES, INC. MANUFACTURER: (Company name) AUTHORIZED SIGNATURE: PRINTED NAME: TITLE: DATE: SAFJ Form of 7 Rev. October 20, 2010
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