Quality Assurance Agreements (QAA) shall be deemed essential agreements within the supply chain in the automotive industry. They must be designed and transposed in accordance with the strict regime of processes of ISO/TS 16949:2009 in order to comply with the superior principle of avoidance of defects. They must ensure that the processes of communication for the determination of specifications result in congruent stipulations. The party not communicating is basically exposed to liabilities due to breach con contract beside the liability for the product. The QAA must also ensure that the strict processes of incoming inspections of purchased components shall be complied with in accordance with ISO/TS 16949:2009 -7.4.1. and 7.4.3. The waiver or the restriction of the incoming inspection under the commercial rules of Section 377 HGB (German Commercial Code) shall be deemed subordinated and bear substantial risks.
(Translation by Charlotte Kiesslich).
Quality Assurance Agreements under ISO/TS 16949 – liability risks and avoidance strategies
International automotive and supplier industry
VDA 2 (2012)
Quality management
VDA Maturty level assurance
ISO 26262
ISO TS 16949
VDA Failure analysis field
Product liability
APQP and PPAP
Risk management
Technical Standards
Supplier management
European law
General Terms & Conditions
United Nations Convention on Contracts for the International Sale of Goods (CISG)
Quality Assurance Agreement
Product safety
Compliance
Complaint management
recall campaigns
Business interruptions
Incoming inspections
Tools
Contract management
delay in delivery
General Conditions of Purchase
Compensation of damages
General Conditions of Sale