If there is a conflict, the following order controls: (a) any negotiated supply agreement signed by both parties; (b) the face of the purchase order; (c) any Buyer-approved exhibit, addendum, statement of work, quality clause, or customer flowdown incorporated into the purchase order; (d) these Global Master Ts&Cs; and (e) Seller’s quotation or acknowledgement shall have no force except to the extent expressly accepted in writing by Buyer. In the event of a conflict, the higher priority document shall control solely to the extent of the inconsistency.
All exhibits attached hereto (identified below), addenda, statements of work, specifications, and documents referenced in the purchase order are incorporated by reference as if fully set forth herein.
Seller shall not make any change to the Goods, including, but not limited to, materials, manufacturing process, manufacturing location, sub-tier supplier, software, firmware, source of supply, testing methods, inspection criteria, quality systems, form/fit/function, country of origin, or applicable certifications without Buyer’s prior written approval. Any unauthorized change shall constitute a material breach and all affected Goods shall be deemed nonconforming. Buyer may direct changes within the general scope of the purchase order, which must be issued in writing by authorized procurement or engineering personnel. If a Buyer-directed change affects cost or schedule, Seller must provide written notice with supporting detail within ten (10) business days or the claim is waived, unless Buyer agrees otherwise in writing. Seller shall not proceed with any change affecting cost or schedule without Buyer’s prior written approval.
Seller shall immediately notify Buyer in writing of any actual or anticipated delay, including root cause, recovery plan, revised delivery date, and mitigation steps. Seller shall acknowledge Buyer inquiries relating to delivery status, schedule risk, shortages, or production interruptions within one (1) business day and shall provide substantive updates within a commercially reasonable period based on the nature and complexity of the issue.
If Seller fails, or reasonably anticipates that it may fail, to meet a required delivery date for reasons within Seller’s control (including delays caused by Seller’s suppliers, subcontractors, logistics providers, or failure to maintain commercially reasonable capacity, inventory, or contingency planning), Seller shall, at Seller’s expense, take all commercially reasonable actions necessary to recover schedule and mitigate impact to Buyer, including expediting production or shipment, reallocating available capacity, implementing overtime or additional shifts where commercially reasonable, obtaining alternate materials or sources, and prioritizing Buyer requirements consistent with Seller’s contractual obligations and Buyer’s disclosed production or customer commitments. Buyer may also require Seller to expedite shipment, obtain alternate supply, or provide substitute conforming Goods approved by Buyer. In addition, Buyer may obtain substitute goods or services from alternate sources without liability to Buyer. Seller shall reimburse Buyer for all reasonably substantiated incremental and mitigation-related costs incurred as a result of Seller’s delay or nonperformance, including premium freight, line-down costs, customer charges, cover, requalification, inspection, administrative costs, and other direct costs attributable to Seller’s delay or nonperformance. Buyer’s acceptance of late delivery does not waive any rights or remedies.
Where stated on the purchase order or applicable addendum, Seller shall pay liquidated damages equal to 0.5% of the delayed line-item value for each calendar day of delay, capped at fifteen percent (15%) of the delayed line-item value. The parties agree that late delivery damages may be difficult to determine at contracting and that the liquidated damages are a reasonable pre-estimate of anticipated harm, not a penalty. Liquidated damages are in addition to Buyer’s right to recover cover, premium freight, customer-imposed charges, and other direct mitigation costs. Further, Buyer may withhold payment for delayed or nonconforming Goods without penalty.
Unless a different cancellation formula is stated on the purchase order or applicable addendum, Buyer’s liability for cancellation without Seller default is limited to conforming finished Goods, reasonable work in process, and raw materials specifically and reasonably procured for the cancelled Goods in accordance with authorized lead times, less any amounts Seller can mitigate, reuse, return, cancel, or sell. Seller must provide, subject to Buyer audit, reasonable documentation, including inventory, purchase orders, invoices, and mitigation efforts supporting any cancellation claim. Buyer may require transfer of title and delivery of any items paid for under this clause. In the event of a cancellation, Buyer shall not be liable for lost profits, anticipated profits, overhead, or administrative costs.
Buyer may reject or revoke acceptance of nonconforming Goods and may, at its option: (a) require correction, repair, replacement, or reperformance; (b) return Goods at Seller’s expense; (c) retain Goods with an equitable price reduction; (d) rework Goods under Section 8; (e) obtain cover and charge Seller for incremental costs; or (f) terminate for default.
Unless a longer period is stated on the purchase order or applicable addendum, the warranty period is: (i) thirty-six (36) months after delivery for mechanical Goods; (ii) twenty-four (24) months after delivery for electrical or electronic Goods; and (iii) the longer of Seller’s standard warranty, the manufacturer’s warranty, or any customer-required warranty period. Warranty obligations survive inspection, acceptance, payment, resale, incorporation, and termination.
If any Goods fail to conform to this warranty, Buyer may, at its option, require Seller to promptly repair, replace, reperform, credit, or refund the nonconforming Goods. Seller shall bear all reasonable, substantiated direct costs associated with such nonconformance, including removal, reinstallation, testing, shipping, premium freight, field service, customer charges, and recall or corrective actions attributable to Seller’s breach.
To maintain production flow and meet customer commitments, Buyer may perform or arrange sorting, inspection, rework, repair, replacement, or cover procurement. Seller shall reimburse Buyer for all reasonable, substantiated direct and mitigation-related costs incurred as a result of the nonconformance.
The rights and remedies in this Section are cumulative and in addition to any other rights or remedies available under the purchase order or applicable law, including indemnification under Section 10 and delivery remedies under Section 4; provided, however, that Buyer shall not recover duplicative amounts for the same loss.
For custom work, all deliverables, inventions, works of authorship, developments, improvements, and technical data created specifically for Buyer and paid for by Buyer are works made for hire to the extent permitted by law and otherwise are assigned to Buyer upon creation. Seller retains ownership of its pre-existing background intellectual property, but grants Buyer a perpetual, irrevocable, worldwide, royalty-free license to use such background intellectual property as necessary to use, sell, service, repair, modify, and support the Goods.
EXHIBITS
Exhibit A: Quality Requirements Addendum
Exhibit B: Government Contract and Customer Flowdown Addendum
Exhibit C: Export, Sanctions, Import and Trade Compliance Addendum
Exhibit D: Logistics, Packing, Shipping and Routing Addendum
Exhibit E: Contact Information
A.1. Quality System. Seller shall maintain a quality management system appropriate for the Goods and any customer requirements, including ISO 9001, AS9100, ISO 13485, IATF 16949, or other standard if specified by Buyer.
A.2. Inspection and Test. Seller shall perform all inspections, tests, first article inspections, source inspections, acceptance tests, and certifications required by the purchase order, drawings, specifications, or customer flowdowns.
A.3. Records and Traceability. Seller shall maintain lot, batch, serial, material, process, inspection, calibration, test, and certificate records sufficient to demonstrate conformity and traceability.
A.4. Nonconformance and Corrective Action. Seller shall promptly respond to Buyer quality or nonconformance inquiries and shall provide containment and corrective action information within the timeframe reasonably requested by Buyer. Seller shall immediately notify Buyer of suspected or actual nonconformance. Seller shall not use-as-is, repair, rework, or ship nonconforming Goods without Buyer’s written disposition. Seller shall provide root cause/corrective action reports within the timeframe required by Buyer.
A.5. Seller Changes. Seller shall not change manufacturing location, key personnel, special process sources, materials, sub-tier suppliers, inspection methods, or process controls without prior Buyer approval where such changes may affect quality, compliance, fit, form, function, reliability, qualification, certification, or customer approval.
A.6. Customer Access. Buyer’s customers, regulators, and higher-tier contractors may access Seller facilities and records where required by contract, law, or customer flowdown.
A.7. Supplier Performance and Corrective Action. Buyer may monitor and evaluate Seller performance, including delivery performance, responsiveness, quality, compliance, corrective action effectiveness, and supply continuity. Upon Buyer’s request, Seller shall promptly implement and document corrective action plans addressing identified performance deficiencies. Buyer may suspend, restrict, or remove Seller from approved supplier status based on reasonable performance, quality, compliance, or supply-risk concerns.
A.8. Jonathan Engineered Solutions, Inc. Affiliate-Specific Quality Clauses. Certain Jonathan Engineered Solutions, Inc. business units maintain supplemental quality requirements. Any such quality clauses expressly identified, referenced, or incorporated on the applicable purchase order (including by reference, attachment, hyperlink, document number, or purchase order comment) are incorporated into the purchase order and shall apply only to that purchase order.
This Exhibit B applies only to the extent the purchase order supports a contract, subcontract, or program with the United States Government (including any prime contract or higher-tier subcontract), and only where such purchase order expressly incorporates this Exhibit or identifies applicable flowdown requirements.
B.1. Interpretation of Flowdown Clauses. Unless otherwise required by applicable law or expressly stated in a flowdown clause, references in any flowed-down clause to “Government,” “United States,” or similar terms shall be deemed to refer to Buyer, and references to “Contractor” shall be deemed to refer to Seller. Notwithstanding the foregoing, any rights, remedies, or authorities that by law or regulation must run exclusively to the Government shall remain with the Government.
B.2. Applicability; Self-Deleting Clauses. Flowdown clauses shall apply to Seller only to the extent applicable to the Goods or services being procured, the type of contract, and the role of Seller. Any clause that is not applicable by its terms or that is not required to be flowed down is deemed “self-deleting” and shall have no force or effect.
B.3. FAR/DFARS Flowdown Schedule. The Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and any applicable agency supplement clauses incorporated into this purchase order are set forth in the flowdown schedule attached here, or included or referenced in the purchase order, statement of work, or other attachment.
B.4. Flowdown Incorporation. Seller shall comply with all customer, prime contract, higher-tier subcontract, FAR clauses, DFARS clauses, agency supplement, and other flowdown clauses identified on the purchase order, statement of work, quality addendum, or flowdown attachment.
B.5. Precedence. If a mandatory customer or government flowdown conflicts with the Global Master Ts&Cs, the mandatory flowdown controls only to the extent necessary to satisfy the applicable customer or government requirement.
B.6. Cyber / CUI Placeholder. If Seller will receive or access covered defense information (CDI), controlled unclassified information (CUI), export-controlled information (i.e., ITAR-controlled “Technical Data” or EAR-controlled “Technology”), or customer sensitive information, Seller shall comply with the cybersecurity requirements identified in the purchase order, which may include DFARS 252.204-7012, DFARS 252.204-7019, DFARS 252.204-7020, CMMC requirements, NIST SP 800-171, incident reporting, and flowdown obligations.
B.7. Counterfeit Electronic Parts. If applicable, Seller shall comply with DFARS counterfeit electronic parts requirements and Buyer’s counterfeit avoidance requirements, including source restrictions, traceability, inspection, reporting, and flowdown.
B.8. Domestic Preference / Specialty Metals. If applicable, Seller shall comply with domestic preference, specialty metals, Buy American Act, Trade Agreements Act, Build America Buy America Act (BABA), country-of-origin, and other sourcing restrictions identified in the purchase order or applicable flowdown clauses.
B.9. Small Business / Labor / Ethics. If applicable, Seller shall comply with small business, labor, equal opportunity, trafficking, ethics, and other socioeconomic flowdowns identified in the purchase order or applicable flowdown clauses.
B.10. Quality/Product Safety. Seller shall ensure personnel performing work affecting product conformity or product safety are competent, appropriately trained, and aware of: (i) their contribution to product conformity; (ii) their contribution to product safety; and (iii) the importance of ethical behavior and reporting of nonconformities or safety concerns. Where applicable to the Goods, Seller shall maintain appropriate foreign object debris/damage (FOD) prevention controls, including clean work areas, product protection, inspection, and packaging controls reasonably designed to prevent introduction of foreign material. Where special processes are required by specification or purchase order, Seller shall use the applicable approved process revision identified in the purchase order or specification and shall identify such revision on applicable certifications upon request. For age-sensitive or shelf-life-controlled materials, Seller shall provide applicable manufacture date, lot identification, expiration date, and remaining shelf life as reasonably required by Buyer or specification. Measuring and test equipment used to verify product conformity shall be calibrated and traceable to nationally or internationally recognized standards where applicable.
B.11. Conflict of Interest. Seller represents that no actual organizational conflict of interest or prohibited personal conflict of interest exists that would impair Seller’s ability to perform the purchase order objectively and in compliance with applicable law or customer requirements. Seller shall promptly notify Buyer of any actual, potential, or perceived conflict of interest relating to the purchase order.
B.12. Communications with Buyer’s Customer. Unless authorized in writing by Buyer, Seller shall not directly coordinate with Buyer’s customer or the Government regarding scope, technical direction, contractual matters, schedule commitments, or changes relating to the purchase order.
B.13. Restricted Party / Debarment Status. Seller represents that neither Seller nor, to Seller’s knowledge, its principals are debarred, suspended, sanctioned, denied, or otherwise restricted from participating in U.S. Government contracting or export-controlled activities. Seller shall promptly notify Buyer of any change to such status.
C.1. Classification Data. This Exhibit applies to all purchase orders issued by Buyer. The obligations contained herein apply only to the extent applicable to the Goods, software, technology, technical data, services, documentation, or other deliverables supplied under the applicable purchase order (i.e., those items/data that are covered by U.S. export control laws and regulations).
C.2 Compliance with Trade Laws. Seller shall comply with all applicable export control, import, customs, sanctions, antiboycott, anti-corruption, and other international trade laws and regulations applicable to the Goods, data or services supplied under the purchase order, including, where applicable, the International Traffic in Arms Regulations (“ITAR”), the Export Administration Regulations (“EAR”), regulations administered by the Office of Foreign Assets Control (“OFAC”), U.S. Customs laws, U.S. antiboycott regulations, and applicable foreign export control laws governing Seller’s performance. Seller shall not take any action that would cause Buyer to violate any applicable trade compliance law or regulation.
C.3 Export Classification, Origin, and Trade Information. Upon request, and prior to delivery where reasonably necessary for Buyer’s compliance obligations, Seller shall provide complete and accurate trade compliance information for the Goods, software, technology, technical data, services, and documentation supplied under the purchase order, including, as applicable: Export jurisdiction (e.g., ITAR, EAR, or other applicable jurisdiction) and classification, such as United States Munitions List (“USML”) category or Export Control Classification Number (“ECCN”); Harmonized Tariff Schedule (HTS) classification & Schedule B classification (if applicable); Country of origin; and any other information reasonably necessary or requested by Buyer to support export, import, customs, licensing, or government contract compliance. Seller represents that such information is accurate to the best of Seller’s knowledge following reasonable diligence. Seller shall promptly notify Buyer in writing of any correction, modification, or change to previously provided classification, jurisdiction, origin, licensing, or trade compliance information.
C.4 Export-Controlled Goods and Technology. Seller shall not export, reexport, transfer, release, disclose, provide access to, or otherwise furnish any export-controlled Goods, software, technology, technical data, defense articles, defense services, or controlled information except in compliance with applicable law and any written instructions provided by Buyer. Where required by applicable law, Seller shall obtain and maintain all required governmental authorizations relating to its own activities and shall comply with all conditions applicable to such authorizations. Seller shall not provide access by any foreign person to ITAR-controlled technical data, defense articles, defense services, EAR-controlled technology requiring authorization, or other export-controlled information without all required governmental authorization.
C.5 Restricted Party Screening. Seller shall maintain commercially reasonable procedures to screen parties involved in the performance of the purchase order against applicable U.S. Government restricted party lists, including, where appropriate, customers, subcontractors, suppliers, freight forwarders, brokers, consignees, and other parties participating in the transaction. Seller shall not knowingly involve any sanctioned, denied, debarred, blocked, restricted, or prohibited person, entity, destination, or end use in connection with the performance of the purchase order.
C.6 Subcontractors and Flowdown. Seller shall flow down all applicable export control, sanctions, customs, and trade compliance obligations to subcontractors and suppliers supporting performance of the purchase order. Seller remains fully responsible for compliance by its subcontractors and suppliers and shall exercise commercially reasonable oversight to ensure compliance with applicable trade laws and the requirements of this Exhibit.
C.7 Notification of Material Trade Compliance Matters. Seller shall promptly notify Buyer in writing upon becoming aware of any matter reasonably likely to materially affect Buyer’s trade compliance obligations relating to the purchase order, including: any actual or suspected violation of export control, sanctions, customs, antiboycott, forced labor, or international trade laws relating to the Goods or services; any governmental investigation, enforcement action, administrative proceeding, seizure, detention, or penalty relating to the Goods or services; any material change in export jurisdiction, classification, licensing status, country of origin, preferential origin, or transfer restrictions; any suspension, debarment, denial of export privileges, sanctions designation, or similar governmental restriction affecting Seller’s ability to perform; or any inability to obtain or maintain governmental authorization necessary for Seller’s performance.
C.8 Cooperation with Buyer. Seller shall reasonably cooperate with Buyer in connection with export, import, customs, sanctions, and government contract compliance activities, including supporting: export license applications; customs entries; duty drawback claims; free trade agreement qualification; classification requests; Commodity Jurisdiction requests; Commodity Classification (CCATS) requests; government audits; governmental inquiries; voluntary disclosures, where appropriate; and requests for documentation relating to the Goods or services supplied. Seller shall timely provide any documentation reasonably requested by Buyer to support such activities.
C.9 Records. Seller shall maintain all records required by applicable trade compliance laws and regulations and shall retain such records for the longer of: (a) the retention period required by applicable law; or (b) seven (7) years following completion of the applicable purchase order. Upon reasonable request, Seller shall make such records available to Buyer to the extent reasonably necessary to verify compliance with this Exhibit.
C.10 Material Breach. Compliance with this Exhibit is a material requirement of each purchase order. Any material violation of this Exhibit shall constitute a material breach of the applicable purchase order and shall entitle Buyer to exercise any rights or remedies available under the purchase order, including, where applicable, Sections 10 (Indemnity), 14 (Export Controls; Sanctions; Restricted Parties), 21 (Termination), and any other applicable provision of the Global Master Terms and Conditions.
D.1. Packaging. Seller shall package, mark, label, preserve, and ship Goods to prevent damage, deterioration, electrostatic discharge, corrosion, contamination, or loss and to comply with Buyer’s routing guide and any customer/site-specific requirements.
D.2. Documentation. Each shipment must include a packing list, Buyer purchase order number, line item, Buyer part number, revision level, quantity, serial/lot numbers if applicable, country of origin, certificates of conformance, test reports, and other documents required by the purchase order.
D.3. Delivery Terms. Unless otherwise stated on the purchase order, delivery terms are Free Carrier (FCA) Seller’s facility (Incoterms® 2020). Title and risk of loss shall pass to Buyer in accordance with the stated Incoterms® 2020 rule; provided, however, that such transfer shall not limit Buyer’s rights of inspection, rejection, or revocation of acceptance.
D.4. Premium Freight. Seller is responsible for premium freight and expediting costs required because of Seller delay, nonconformance, incorrect shipment, documentation error, or failure to follow routing instructions.
D.5. Hazardous Materials. Seller shall provide applicable safety data sheets and hazardous material information required by applicable law.
D.6. Quality Documentation. Seller shall provide all certifications, traceability documents, material certifications, country-of-origin declarations, trade-preference certifications, and quality records reasonably required by Buyer or applicable specifications, including certificates of conformance signed by authorized quality personnel where required.
The address and contact information for Jonathan Engineered Solutions, Inc. is provided below for reference in connection with purchase orders issued under these Ts&Cs. This information reflects the most recently available public record as of August 2026 and should be verified by the parties before use.
Jonathan Engineered Solutions, Inc.
250 Commerce, Suite 100
Irvine, CA 92602
Phone: (714) 665-4400
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