Supplier Terms and Conditions Agreement

General: As a supplier to Firebird Optics, it is understood that your organization agrees to meet the following stipulations / requirements whenever a Firebird Optics Purchase Order specifies that the order is for an aerospace application/job (or contains some similar aerospace/AS9120 reference). These requirements are, therefore, to be considered as terms and conditions to all aerospace purchases.

1. All suppliers to Firebird Optics are expected to implement a quality system and will provide Firebird Optics with evidence of an established system upon request.

2. Where required on the Firebird Optics Purchase Order, its suppliers must use Firebird Optics’ customer-approved special process sources.

3. Suppliers shall ensure appropriate competence of their personnel, including any required qualifications, when applicable, to provide additional confidence of the conformance of purchases.

4. Suppliers shall ensure its personnel are aware of their contribution to product or service conformity, their contribution to product safety, and the importance of ethical behavior.

5. Firebird Optics monitors supplier performance, including both on-time delivery, and quality of purchases, and may react accordingly based on performance concerns.

6. When applicable, Firebird Optics retains all rights and controls regarding design and development activities of purchases, and supplier agrees to abide by Firebird Optics’ direction.

7. Firebird Optics is to be contacted (by the supplier) in the event of nonconforming product/material. Arrangements for the approval of supplier nonconforming product/material must be as directed by a Firebird Optics’ authorized manager or designee.

8. Furthermore, the supplier is required to notify Firebird Optics of any

changes to a product and/or process and to obtain approval from an authorized Firebird Optics manager or designee (if applicable).

9. Firebird Optics, their customers, and regulatory authorities retain the right

of access to all supplier facilities involved in the aerospace order and to all applicable records.

10. The AS9120 standard requires that all applicable customer/regulatory/AS9120 requirements for the supplier to flow down to sub-tier suppliers (includes requirements in the purchasing documents and key characteristics where required). However, Firebird Optics does not allow its aerospace suppliers to subcontract any product or process to a sub-tier supplier without Firebird Optics expressed written consent.

11. Firebird Optics performs inspection activities to ensure that purchased product meets purchase requirements. They may include Receiving inspections (of supplier products / services / documents) may be / are performed by a designated employee. Firebird Optics verifies the authenticity of the appropriate certificate of conformity, material certificates, etc. and other accompanying documentation by review and comparison (as is appropriate) to the drawing and/or industry specifications or by other means. When necessary, Firebird Optics may inspect or audit at the supplier’s facility. Furthermore, products are inspected to ensure they meet requirements (dimensions, etc.) and the results are recorded (as appropriate). All special processes (anodizing, heat treat etc.) where the compliance cannot be verified by inspections will require a Certificate of Conformity.

12. Supplier must ensure that products are produced / manufactured / packaged / shipped in a manner that eliminates the presence of any dust, debris, or other foreign objects / material that may damage or put into question the conformity of the products.

13. When appropriate, Firebird Optics may delegate the inspection authority to one of its approved suppliers. Firebird Optics will communicate the inspection requirements (including approved monitoring and measurement equipment/methods) and Firebird Optics will maintain a record of those approved to carry out such inspections.

14. When Firebird Optics or its customer intends to perform verification at the supplier’s premises; Firebird Optics will first state the intended verification arrangements and the method of product release. This information will be communicated on the Firebird Optics Purchase Order or via another acceptable purchasing arrangement.

15. Where specified in the contract, the Firebird Optics’ customer or customer’s representative will be afforded the right to verify at the supplier’s premises and Firebird Optics’ premises that subcontracted product conforms to specified requirements. Verification by the customer is not used by Firebird Optics as evidence of effective control of quality by the supplier and shall not absolve Firebird Optics or its supplier of the responsibility to provide acceptable product, nor shall it preclude subsequent rejection by the customer.

16. To prevent the purchase of counterfeit or suspect/unapproved products and to ensure product identification and traceability (and for other reasons), Firebird Optics will institute controls that include the requirement of Material Certificates, Certificates of Conformity, and/or other supporting documentation from its suppliers as is appropriate. These requirements may be specified on Firebird Optics’ Purchase Order or may otherwise be communicated to the supplier.

17. Records are available for review by customers and regulatory authorities in accordance with contract or regulatory requirements and should otherwise be kept confidential.

18. Firebird Optics may also require specific actions where timely and/or effective corrective actions to a supplier issue(s) are not achieved. These actions may include but are not limited to any or all of the following: withholding payment until the issue is resolved, removal of the supplier from Firebird Optics’ Approved Supplier List.

19. Firebird Optics requires all documents be retained for seven (7) years, unless otherwise directed.