Quality Assurance Agreement

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Quality Assurance Agreement between

MIBA XXXXXXX and the supplier

Quality Assurance Agreement

Between the company:

MIBA XXXXXXXXXXXXXX

and the Supplier :

Company:

Address:

Postal code and city:

Country:

Page 1 of 20

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Quality Assurance Agreement between

MIBA XXXXXXX and the supplier

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Table of contents

1 Goal and scope .................................................................................................................... 3

2 Points of contact ................................................................................................................... 4

3 Enactment of the quality assurance agreement: ................................................................... 4

4 Basic demands of the supplier .............................................................................................. 5

4.1

Quality/environmental management system ................................................................. 5

4.2

Delivery quality .............................................................................................................. 5

4.3

Technical documents .................................................................................................... 5

4.4

Identification of the manufacturer/delivery lot (traceability) ............................................ 6

4.5

Special product characteristics ..................................................................................... 6

4.6

Packaging, transport, storage ....................................................................................... 6

4.7

Corrective measures ..................................................................................................... 7

4.8

Special approval (deviation authorization / re-work) ...................................................... 7

4.9

Retention of records and parts ...................................................................................... 9

4.10

Audit right on the premises of the supplier .................................................................... 9

4.11

Complaints .................................................................................................................. 10

4.12

Non-usability and loss of placed for disposal parts...................................................... 12

4.13

Adherence to delivery deadlines (delivery performance) ............................................. 12

4.14

Warranty / Compensation for damages / Product liability ............................................ 12

4.15

Environmental protection ............................................................................................ 13

4.16

Occupational safety & health protection ...................................................................... 13

5 Feasibility analysis .............................................................................................................. 13

6 Project management .......................................................................................................... 13

6.1

Project plans ............................................................................................................... 13

6.2

Project documentation ................................................................................................ 14

6.3

Project planning in the sense of an advance quality planning ..................................... 14

6.4

Project planning product development ........................................................................ 14

6.5

Advance quality planning discussion ........................................................................... 14

7 Presentation and approval of initial samples ....................................................................... 15

8 Tests .................................................................................................................................. 15

8.1

Quality testing procedure ............................................................................................ 15

8.2

Test instructions .......................................................................................................... 16

8.3

Periodic tests .............................................................................................................. 16

8.4

Test equipment, test equipment monitoring ................................................................ 16

8.5

Tests, test certificates, approval.................................................................................. 16

9 Series production ................................................................................................................ 17

9.1

Monitoring of the manufacturing processes ................................................................ 17

9.2

Proof of process capability .......................................................................................... 17

9.3

Maintenance ............................................................................................................... 17

10 Procurement at the supplier ............................................................................................ 18

10.1

Quality assurance of purchased materials .................................................................. 18

10.2

Relaying of the requirements to sub-suppliers ............................................................ 18

10.3

Change of sub-suppliers ............................................................................................. 18

11 Continuous improvement process ................................................................................... 18

12 Measures for the settlement of conflicts.......................................................................... 19

13 Termination of the quality assurance agreement ............................................................ 19

14 Further applicable documents ......................................................................................... 19

14.1

Further applicable documents ..................................................................................... 19

14.2

Global Automotive Declarable Substance List............................................................. 20

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1 Goal and scope

Quality Assurance Agreement between

MIBA XXXXXXX and the supplier

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The requirements which our customers make of system suppliers with respect to product and service quality have increased continuously in past years.

Suppliers and partners, expectation and performance, demand and service are in harmony with one another.

The requirements of our suppliers are therefore accordingly on the highest level. Required today are QM systems such as the EFQM model, ISO TS 16949 and also environmental management systems such as ISO 14001 and EMAS. (always in the valid version)

This quality assurance agreement (hereafter referred to as QAA) regulates important measures in the relationship between the supplier and MIBA.

It guarantees that the supplier will adhere to the standards required by MIBA with respect to product quality, delivery reliability, environmental protection and occupational safety in the contract period without limitations. Special automobile manufacturer-related interpretations for the achievement of required specializations are also a part of this.

The MIBA quality assurance agreement for suppliers is therefore a binding quality assurance agreement in which we specify the quality system requirements for our suppliers uniformly.

With the capability of our suppliers and their ability to innovate in the implementation of the requirements posed, we will be able to live up together to the quality challenges of all customers worldwide.

We ask you as supplier and partner to comply with the requirements of our quality assurance agreement so that together we can develop our products and produce them successfully to meet the highest requirements.

The scope extends to the supplier named on the previous page and is valid for all delivered production materials, external processing, services, development activities, etc.

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2 Points of contact

With respect to quality assurance, the following employees of both partners maintain direct contact:

For MIBA: Name: …………………………. Tel.: ………………………..

Fax: ………………………..

For the supplier: Name: ..................................... Tel.: ..................................

Fax: ..................................

3 Enactment of the quality assurance agreement:

The standards specified in this QAA are unified within the MIBA group.

The supplier therefore declares itself in agreement with the contract signing and agrees explicitly that this QAA is applicable to all contracts concluded with the MIBA group, regardless of their type and duration. The supplier thus obligates itself to adhere to and follow the standards required in this QAA with respect to all companies of the MIBA group. With this binding confirmation, an explicit agreement in the respective individual case is not required; the supplier also declares itself in agreement with this. The present QAA is then only not applicable to contracts concluded with companies of the MIBA group if a company of the MIBA group explicitly foregoes its applicability in writing.

The present quality assurance agreement was made in mutual consultation between the supplier and MIBA and is hereby declared binding effective immediately.

For the supplier: Place: ..................................... Date:..............................

For MIBA:

Signature: ..................................................

(Name – in block letters) .............................................

Place: XXXXXXXXXXXX Date: ……………………

Signature: ..................................................

(Name

– in letters) XXXXXXXXXXXXXX

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4 Basic demands of the supplier

4.1 Quality/environmental management system

MIBA requires of its suppliers that they demonstrate a functioning quality management and environmental management system according to ISO 9001 (minimum requirement), ISO/TS

16949, as well as ISO 14001. The supplier is obligated to further develop its management system in the sense of fulfilling ISO 9001, ISO/TS 16949, as well as ISO 14001.

Proof must be provided with the corresponding certificates. The respectively-valid certificates must be accessible for MIBA (e.g.: Homepage) or has be sent to the responsible purchasing office at MIBA.

In any case, MIBA reserves the right to assess the quality capability and environmental conformance of the supplier or to conduct system audits and/or process audits after conferring with the supplier. On the basis of the audit results, the supplier is asked to develop appropriate measures concerning objectionable points in agreement with MIBA and to implement these.

4.2 Delivery quality

MIBA expects deliveries with zero errors from its suppliers. All efforts to avoid errors must be included in the offers; this applies for all project phases including product lifecycle.

Efforts to be implemented later are at the expense of the supplier, referencing to the concerned offer. These also includes the reservation of sufficient capacities for emergencies (e.g. for unplanned sorting actions, etc. due to product and process errors). For each case of disturbance or complaint, MIBA demands immediate & lasting rectification. The supplier must react immediately in case of complaints; for the detailed procedure, see section 4.11.

The supplier’s quality performance flows into the supplier assessment and forms an essential criterion for the granting of new orders.

4.3 Technical documents

The product characteristics to be adhered to by the supplier and technical specifications are specified in the following documents:

MIBA drawings - Corresponding documents from the supplier,

- MIBA terms of purchase which bear the MIBA mark of agreement.

- Test instructions

- Other standards and specifications

- Product-related individual specifications

- Packaging specifications

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4.4 Identification of the manufacturer/delivery lot (traceability)

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In the manufacturing process, the supplier ensures through suitable identification that in case of defects there is traceability, whereby the supplier must adhere to the FIFO rules specified by MIBA

(see MIBA instruction: AP_FIFO – rules external processing, if applicable).

4.5 Special product characteristics

MIBA specifies the special product characteristics with respect to safety, function, further processing and assembly on the drawing and communicates these to the supplier.

In order to be able to guarantee the safety and function of the products efficiently and effectively, the supplier must, insofar as it is responsible for the product development, identify and mark product characteristics important for safety and function as "special product characteristics”.

The designated characteristics are to be regarded specially as an initial basis for process

FMEAs, process capability investigations, work and test planning, process regulation, quality verification, etc. and they are continuously to be documented in traceable fashion.

The supplier must furthermore, insofar as it is responsible for the production, specify the special characteristics for the product creation.

4.6 Packaging, transport, storage

The supplier packages the products according to packaging specifications, which are together harmonized and approved by MIBA.

The transport and packaging must occur in such a way which excludes a damage of the product.

The supplier must also ensure proper handling and identification of the products and manufacturing lots at any time through the:

Creation of technical requirements

Packaging planning

Use of packaging for protection against quality reduction

Steering of faulty products

Training and instruction of the employees

Visualization aids

Part identification tags/labelling

For raw materials/purchased parts, the identification of the delivery units occurs via a label according to VDA. For outsourced processing steps (external work), identification occurs via part identification tags provided by MIBA.

For the storage and planning of corresponding areas, the following aspects must be taken into consideration:

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Proper receipt of goods

Prevention of possible environmental influences

Storage according to the FIFO principle

Special product and material-specific storage conditions,

Storage areas are protected, marked, clear and clean

Identification of the materials and products

Regulations concerning the responsibility for inventory and availability

Storage time limitation (date of expiry)

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4.7 Corrective measures

Based on defects determined or processes not mastered, the supplier will take corrective measures independently and documents these to MIBA in the form of measure action plans

(e.g.: 8D - report). Affected parts must be kept separate.

4.8 Special approval (deviation authorization / re-work)

The supplier must deliver in conformance with drawings and specifications. If it is temporarily not in a position due to deviations, it is possible to make a written deviation or re-work request to

MIBA. Deviations or re-work can only be approved if the safety, function, durability, process qualities and assembly qualities of the parts are not compromised.

To be effective, deviation authorization (special approval) or re-work always requires written approval from MIBA and is limited to a particular number of parts or a particular delivery period.

For the quick processing of the deviation request (special approval) or re-work, the following information must be listed in the application:

Description of the deviation or re-work

Cause of the deviation (include drawing detail, material analyses in case of material change)

Duration of deviation authorization (period and/or delivery progress number range from Material Laboratory)

Basic data: number of measured pieces, maximum exceeding, estimated distribution

Eventually function and / or duration tests

Note about reference products with adequate function and load

Planned assurance measures & test steps in order to prevent a further nonadherence to the specification according to the requested deviation authorization

Planned and / or applied measures in order to exclude deviations in the future

(including cause analysis, 7-step method)

If applicable, documentation for additional obligations, which are listed in the deviation authorization approved by MIBA

Since the positive handling of a deviation authorization or re-work is exclusively for the benefit of the supplier (avoidance of rejection, costs of downtime), MIBA will charge – after informing the

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Page 8 of 20 supplier and in accordance with the supplier – the actual MIBA hourly rate of the internal effort.

This should cover the MIBA internal administrative costs.

If MIBA agrees to a deviation authorization or re-work this explicitly does not mean that the supplier is released from its responsibility with respect to delivery reliability, warranty as well as compensation for damages and product liability.

The delivered goods must be marked specific on the delivery note and on the packaging. The approved deviation or re-work authorization must be included with the delivery note.

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4.9 Retention of records and parts

The supplier ensures the keeping of quality-relevant records. The duration of the keeping

(archiving) must, among other things, also be directed towards legal requirements, general guidelines, customers and aspects of product liability. Additional minimum requirements must be adhered to in accordance with VDA 6.1 (chapter 20.3) or according to MIBA-specific requirements.

Furthermore the supplier is obligated to meet following conditions of retention periods:

Records / parts

Records of process development including approvals and special approvals

Records of the production process (production orders, inspection instructions, etc.)

Contracts (quality assurance agreement, delivery contract

[if applicable], logistical agreements), frame contracts, and orders

Initial sample reference parts

re – sampling parts

parts of exceptional approvals

Retention period (years)

15

3

15

15

15

15

4.10 Audit right on the premises of the supplier

The supplier grants MIBA the right to audit with previous notice on its premises and those of its suppliers.

MIBA may see the processes, documents, tools and records relevant for the products after prior registration and agreement at the suppliers’ premises.

Before accepting series deliveries, a process approval can be granted through a process audit.

The process audit is carried out by MIBA according to VDA 6.3 and similar regulations and thus serves to assess the effectiveness of the quality management measures for a particular process.

Here, adherence to specifications and customer requirements and their continuous documentation are investigated.

Based on current events, process audits, outside of the plan with previous notice at the supplier may be necessary:

Possible reasons for the execution of process audits can be:

Current complaints, sinking product quality

Product/process changes

Delivery irregularities, incorrect deliveries

Process qualification in the course of initial sample approval

Supplier approval

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4.11 Complaints

Every test report sent by MIBA is to be considered as a complaint. MIBA is entitled to return faulty products for replacement and/ or reworking free of charge after coordination with the supplier.

MIBA reserves the right, after clearance with the supplier, to carry out possibly-required reworking, due to urgency, at the cost of the supplier. The assessment of urgency is MIBA ’s responsibility.

To ensure error-free follow-up deliveries, a MIBA measure action plan (e.g.: 8D - Report) must be presented (on request included in the test report) to the MIBA contact person within 5 working days; an initial reaction must occur at least after one working day after received complaint.

If due to quality problems the on-time availability of the products to be delivered is not guaranteed, the supplier must, in consultation with MIBA logistics, take all necessary measures to guarantee deadlines.

In disturbance and complaint cases, MIBA reserves the right to take additional measures (cost transfer, block for further orders or ending of the business relationship, after reaching escalation level 3 information of the responsible certification agency).

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In case of faulty or unsatisfactory handling of the complaints and / or insufficient effectiveness of the measures, the MIBA escalation scenario comes into force. If so the supplier obligates oneself to work closely with MIBA and to assure effectiveness of activities and measures defined in the escalation process through active cooperation.

Level Definition

0 Daily business

1

2

3

Long term problems at supplier

Long term problems at supplier /

Repeated problems over a period of 6 moths

Supplier is not able to eliminate long term problems

Trigger

Failure reports/8D-Reports

Agreed targets are fulfilled or exceeded by max. 25%

Agreed targets are exceeded ppm target by100% *

Del. Performance day < 75% *

Del. Performance Quantity < 75% *

Supplier assessment lower than AB

Number of supplier claims significantly higher than the average of the previous period

Corrective actions out of the 8Dreports are not effective

8D-Reports are not answered on time

No reaction on the escalation level 1

In spite of supplier reaction the long term problems are not eliminated

Still repeated problems

Critical failures with impact on final customer

Long term problems cause high special cost at MIBA

Cooperation of supplier not sufficient

Measures defined within the level 2 doesn

’t improve the performance of the supplier

Supplier ranking C

No willingness to cooperation and improvement

Bankruptcy

Actions

Immediate information to the supplier

Sorting action – internally/externally

Additional shipment / replacement

Specific marking of the next shipments

Monitoring of the 8D-reports/Failure reports

Official letter

– request for corrective action plan within 7 days.

Continuous/weekly reports to MIBA

If necessary, MIBA requires new PPAP-

Process

MIBA could offer a support in form of a special process audit

100% inspection or increased frequency of inspection in incoming area

Supplier invited to a special meeting

Presentation of specific action plan with written commitment to immediate improvement of the performance

MIBA performs a process- or system audit

100% inspection or increased frequency of inspection in incoming area

If necessary, MIBA introduces additional quality gate – third company or own forces

Immediate meeting: MIBA top management - Supplier top management

General decision about further cooperation with the supplier

*

These limits are valid for all automotive applications and services.

For non automotive applications are for the first two years after the contract was signed following limits

applicable:

Delivery performance day and delivery performance quantity < 75% and PPM target exceeded > 100%.

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4.12 Non-usability and loss of placed for disposal parts

In case of an exceeding of the rejection quote (if not otherwise agreed, this quote is 1%) with respect to the quantity provided per quarter and part number, the supplier must bear the part costs accrued thus far (= material incl. parts processing before delivery) for the rejected quantity.

For batch processes the rejection quote is 0,2% per quarter and part number, reliable for inspection parts, damaged parts from handling or single parts what are not usable.

If there is a kind of breakage of the equipment and the parts are not usable any more, do not full fill the specification or are not comparable to the initial samples, the supplier must bear the part costs accrued thus far ( = material incl. parts processing before delivery) for the rejected quantity.

Part costs occurred due to breakage of the equipment are treated at any time and separately of the quarterly rejection rate.

4.13 Adherence to delivery deadlines (delivery performance)

The supplier obligates itself to adhere to agreed delivery deadlines and sets itself the goal of achieving a delivery reliability of 100%. MIBA is entitled to invoice the supplier for costs caused by the supplier, incurred as the consequence of a delivery delay (deadline exceeded or quantity underrun). Furthermore, MIBA must be informed by the supplier about an upcoming delivery delay at the earliest possible point in time. The causes of the delivery delay must be analyzed by the supplier and remedied permanently. The S will inform MIBA about the measures it has taken in this regard.

The supplier performance flows into the supplier evaluation and forms an essential criterion for the granting of new orders.

The emergency planning describes the risk potential and safety precautions introduced for all operational and production areas at the suppliers. On its own initiative, the supplier specifies a concept for emergencies in order to exclude the risks of an interrupted or lacking delivery capability.

4.14 Warranty / Compensation for damages / Product liability

In the context of quality management, the supplier is obligated to achieve the zero defect goal. If necessary (under consideration of point 4.12), MIBA agrees with the supplier in which period of time and counter measures the zero defect goal must be realized. The supplier will inform MIBA immediately as soon as disadvantageous deviations from the agreed target corridor are foreseeable.

The agreement on a target corridor does not affect the liability of the supplier for warranty and claims for compensation for damages by MIBA due to defects in the deliveries. Rather, the supplier is also liable based on the contractual provisions for any defects if the error frequency is in the scope of the agreed target corridor.

Liability for damages exists if the supplier is at fault for the damage.

The supplier is not liable for MIBA ’s costs of damage prevention (e.g. recall action), insofar as it can prove that it is not at fault.

MIBA will inform the supplier immediately and extensively if it wants to claim this provision. MIBA must give the supplier the opportunity to investigate the damage case. The contractual parties will agree about the measures to be taken to minimize damages, especially in case of settlement negotiations.

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The supplier is obligated to insure itself against the above mentioned listed risks during the contract term and to provide evidence of this insurance coverage to MIBA upon request.

Both parties confirm there effort to keep the disadvantage and costs as low as possible.

4.15 Environmental protection

As a minimum standard the supplier obligates itself to adhere to the respectively-valid national and international legal requirements with respect to environmental protection in the production location.

Essentially, the principle of error avoidance also applies for operational environmental protection of the supplier. This means that the supplier strives, insofar as is economically feasible, to use the best available technology in order to protect resources from the very start. Therefore, already during the planning and development of new products or processes, environmental aspects must be taken into consideration. Environmental accidents should be avoided through preventative measures.

4.16 Occupational safety & health protection

As a minimum standard the supplier obligates itself to adhere to the respectively-valid national and international legal requirements with respect to occupational safety & health protection in the production location.

Essentially, the principle of error avoidance also applies for occupational safety and operational health protection of the supplier. This means that the supplier strives, insofar as is economically feasible, to use the best available technology in order prevent accidents and health consequences from the very start (e.g.: through ergonomic workplace design and the use of corresponding safety equipment on the systems & machines). Therefore, already during the planning and development of new products or processes, safety aspects must be taken into consideration. Through the elimination of danger sources and risks, accidents should be avoided.

Care, order and cleanliness in the workplace are a basic prerequisite for this.

5 Feasibility analysis

The supplier must also check the feasibility of the service it is offering. In addition to the technical feasibility (manufacturability of the parts under series conditions according to the specifications with the required process capability), this also includes aspects such as logistics, quality, deadlines, costs, personnel, etc. This must be confirmed with a completely filled-out and signed form: “FO_AG_PUR_07_18_Manufacturability Analysis Suppliers“. In addition, critical process topics must be documented in the feasibility investigation. The manufacturability analysis is an essential requirement for new parts and it must be reworked and reconfirmed in case of product or process changes.

6 Project management

6.1 Project plans

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Both partners must have a suitable project management. The supplier must name a person responsible for each project, who coordinates all planning activities with the project responsible person at MIBA.

In order to achieve the project goals from the technical, schedule, financial and qualitative points of view, an overall project plan must be created, which has division-spanning validity and clearly shows all planned goals.

From the overall project plan it should be possible to determine risks and critical project points early on in order to be able to take corrective measures if necessary.

The entire scope of the project planning (project management) depends on the complexity of the product and is agreed upon with MIBA.

6.2 Project documentation

The supplier must keep a status report, which reflects the current state of the project planning. It should provide information about which planning points are in a critical status and when the remedy of this state can be achieved.

The status report will be presented at the request of MIBA or on special occasions.

6.3 Project planning in the sense of an advance quality planning

The S will create a professional detailed project plan for advance quality planning.

Among other things, the project plan monitors:

 the determination of MIBA ’s quality requirements

 the quality planning activities

 the provision of measurement and test aids and acceptance

 of the series delivery approval

The project progress monitoring must be specified in the project plan.

6.4 Project planning product development

As soon as the supplier has been commissioned with the development of a product, it is completely responsible for the handling of all development activities.

During the development phase, the supplier must remain in close contact with MIBA, so that constant agreement, especially at the interfaces to MIBA is guaranteed.

The supplier creates a project plan, from which the required time for a development project is evident and which is agreed upon with MIBA.

6.5 Advance quality planning discussion

During the process/product development, advance quality planning discussions (AQP discussions) will be held with the MIBA quality officer and the person at the supplier responsible for the project.

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The advance quality planning discussions serve to achieve agreement on quality assurance measures with the supplier and through the application of checklists, they also ensure that all planned quality activities are carried out and documented before series deployment.

If deviations are determined, suitable corrective measures must be taken. The elimination of these deviations must be communicated to MIBA in writing.

Characteristics are specified jointly for which a static proof of capability is required in the context of initial sampling and if necessary during series production.

The characteristics are selected according to specified drawing details, the planned production conditions and according to the requirements of production and products.

7 Presentation and approval of initial samples

In the following cases, MIBA must be presented with initial samples in timely fashion before acceptance of series deliveries:

 in case of new products

 in case of change to the product (change of the technical documents)

 in case of new or transferred production equipment

 in case of changing the production location

 in case of supplier change (previous material)

 in case of change in the production process

 there must be a requalification test at least yearly

(see ISO TS16949 8.2.4.1)

These initial samples must have been manufactured completely with series resources and under series conditions and they must be tested carefully with respect to all quality characteristics.

Included with these initial samples must be the test results determined by the supplier, presented in the form of initial sample test reports and measurement sheets (standard: current complete

VDA form, on request also customer-specific forms, e.g. from PPAP) as well as process capability investigations for important functional characteristics (required capability indices, see point 9.2 proof of process capability). The number of required initial samples will be specified in the individual case on order or it must be agreed upon with MIBA. Generally, these are at least 50 parts, whereby 5 numbered parts must be completely measured and assignable to the measurement values.

In case of multiple tools, samples from each deployment must be measured and delivered separately. The initial samples must occur according to the “Checklist Initial Sample Report for

Sub – Contractors“ attached to the order. The supplier has to put aside a complete measured initial sample reference part, corrosion protected and labelled with report - number and date, and has to store it for a period of 15 years.

8 Tests

8.1 Quality testing procedure

The supplier will create a quality testing procedure plan (control plan) for the products determined for MIBA from which all initial tests of raw materials, interim tests and final/exit tests are evident.

On request, this quality testing procedure must be presented to MIBA for inspection.

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8.2 Test instructions

The supplier will create test instructions for all required tests (incl. self-tests), from which the following are evident:

Test characteristics

Test accuracy/intervals

Test procedures

Test equipment

Type of test documentation

Significant changes in these test documents require approval by MIBA.

8.3 Periodic tests

Periodic tests (e.g.: product audits, requalifications, 3.1 certificates) and corresponding test instructions must also be recorded in a test plan and the results documented. Here, the acceptance number c=0 applies.

8.4 Test equipment, test equipment monitoring

The supplier monitors the test equipment relevant for our products at regular intervals according to the requirements of ISO TS 16949 and ensures that only test equipment with corresponding capability and sufficiently-small measurement inaccuracy is used.

The test equipment that is possibly provided by MIBA must be treated with care as MIBA property and kept carefully for possible follow-up orders.

8.5 Tests, test certificates, approval

The products determined for MIBA will be tested according to the abovementioned test instructions. The test results will be entered on the test certificate and signed by the person responsible for the test.

On request, the supplier will send the filled-out test certificate to MIBA for appraisal of the test results.

MIBA will check the incoming deliveries with respect to:

Identity (labelling)

Quantity

State of the packaging and of the products (transport damage)

MIBA will check individual or several product characteristics using random samples. MIBA will also report to the supplier immediately and in writing any defects in the delivery as soon as they

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Page 17 of 20 are determined according to the circumstances of an orderly course of business. The supplier thus foregoes the objection of delayed notice of defect.

9 Series production

9.1 Monitoring of the manufacturing processes

The supplier monitors the manufacturing processes (characteristics or influence factors) of our products and records (or archives) the results suitably (statistical process regulation, quality regulation cards, error collection cards, etc.).

The results will be presented to MIBA on the occasion of quality audits.

9.2 Proof of process capability

The supplier must demonstrate process capability for all important and critical product and process characteristics agreed-upon and specified in the control plan.

For this, the methods of statistical process control (SPC) must be applied.

The proof of short-term capability Ppk occurs already in the course of initial sampling.

The proof of longer-term capability Cpk occurs continuously and must be assessed at regular intervals.

Cpk values < 1.33 are essentially not permissible.

Required minimum process capabilities, if not otherwise agreed:

Characteristic type

Preliminary process capability

P p

& P pk

Long-term process capability c p

& c pk

Safety, official specifications 2.0 1.67

Function 1.67 1.33

Process 1.67 1.33

Other characteristics, not identified

1.33 1.33

For processes which are not demonstrably full fill the above mentioned requirements, suitable measures must be provided in agreement with MIBA which ensure the fulfilment of the requirements.

(e.g. safety through 100% testing).

9.3 Maintenance

The supplier ensures the required deployment readiness and capability of its systems and equipment through preventative maintenance.

In case of unforeseen failures, MIBA must be informed immediately and a measure plan for ensuring delivery supply must be presented, in case reaching the delivery date is uncertain.

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10 Procurement at the supplier

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MIBA demands care in their procurement activities from its suppliers. This especially affects the following points:

Inspection of the procurement documents with respect to clarity and completeness

Specification and following of the special product & process characteristics

(see section 4.5 special product characteristics)

Identification and traceability

Sampling of supplies

Selection of sources of supply

Monitoring of sub-suppliers

Support and encouragement of the sub-suppliers

Continuous improvement at sub-suppliers

Proof that the procured products fulfil the requirements

Requalification tests (ISO/TS 16949 8.2.4.1) at least yearly or through confirmation in terms of 3.1 certificates (DIN 10204) for each production lot

10.1 Quality assurance of purchased materials

The supplier takes suitable quality-assuring measures with respect to the raw materials used for our products.

It checks the raw materials used for MIBA on receipt or has the delivered quality confirmed by the supplier through test certificates (raw material certificate).

These certificates/test results must be archived so that they can be assigned at any time.

10.2 Relaying of the requirements to sub-suppliers

The supplier is obligated to relay the quality/environmental management requirements as well as

MIBA ’s order-specific requirements and any additional requirements of MIBA customers to its sub-suppliers and to obligate them to adherence.

10.3 Change of sub-suppliers

If the supplier plans to change a sub-supplier, there must be written notice of this. After a joint assessment of the basic conditions, the measures required by MIBA of suppliers must be planned and carried out. In any case, a corresponding new product & process approval must be carried out. The supplier then delivers initial samples to MIBA together with complete initial

sample documentation (see point 7).

The implementation of the change of supplier may only occur after presentation of the approval by MIBA.

In case of multiple sourcing, all suppliers must be made known and sampled accordingly.

Furthermore, the clear traceability of the source of supply must be guaranteed.

11 Continuous improvement process

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In order to be able to keep up with the competition in the future, it is necessary to constantly improve all operational processes. This goes beyond the elimination of current problems. The goal is to keep the processes so that deviations from target values are constantly reduced.

Target values are specifications, such as technical specifications, but they also include quality goals, costs, deadlines, etc.

Through suitable figures for all company divisions, the supplier should make improvements evident. Efficiency and economy are important aspects of continuous improvements.

MIBA reserves the right to hold improvement workshops, in accordance with the supplier, (e.g. for quality improvement, cost reduction) on the supplier's premises in the interest of supplier development.

12 Measures for the settlement of conflicts

The supplier grants MIBA after prior consultation the right to take measures which serve the purpose of the immediate settlement of conflicts. Such measures might be, e.g.:

Tests during production at the S by MIBA

Test by MIBA before delivery at the supplier

Test at MIBA together with supplier

Tests by authorized testing institute.

13 Termination of the quality assurance agreement

This quality assurance agreement applies for an unlimited period and can be terminated with a termination deadline of 6 months to the end of a calendar year. However, it remains valid for all delivery contracts up to its end.

This agreement shall be subject to and construed in accordance with Austrian law. The parties submit to the jurisdiction of the competent local Wels courts. The UN convention on Contracts for the International Sale of Goods (Vienna,1980) shall not apply to this Agreement

14 Further applicable documents

14.1 Further applicable documents

All further applicable MIBA - documents concerning:

Requirements for design

Requirements for initial sampling

Traceability

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Feasibility studies are available for our suppliers in electronic form and are provided by MIBA.

The supplier obligates itself to use the provided documents.

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14.2 Global Automotive Declarable Substance List

The supplier obligates itself to adhere to the

„GADSL Reference List“ – Global Automotive

Declarable Substance List (see Homepage: http://gadsl.org

) of forbidden materials and materials which require declaration for the products it delivers. This list does not absolve the supplier from the obligation to adhere to all national and international legal regulations about hazardous materials and the resulting bans.

The materials marked with “P" are generally forbidden and may not be added. The materials marked with “D” should be avoided insofar as possible and they must be limited in their application insofar as possible and replaced with alternative materials in cooperation with MIBA.

In suitable form, they must be declared completely.

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