The Jabil BaRS Requirements apply to all materials, parts, components and products supplied for Jabil Circuit, Inc, including its Subsidiaries and Affiliates ("Jabil"). The Supplier is responsible for compliance with the Jabil BaRS Requirements, which are available at http://jabil.com/BaRS.asp or upon request. Additionally, it is the supplier's responsibility to comply with all applicable legal requirements and any terms or conditions otherwise agreed to by and between Jabil and Supplier. In the event of conflict between this Jabil BaRS Requirements and any other Jabil or Jabil Customer requirement, Supplier will immediately notify their Jabil purchasing representative of any such conflicts, and except where agreed to in writing by the Jabil purchasing representative and Jabil Corporate Commodity Management, the terms and conditions of the Jabil BaRS Requirements shall prevail. Any deviation from the Jabil BaRS Requirements must be approved in writing by Jabil's purchasing representative after concurrence by Jabil Corporate Commodity Management is documented.
Capitalized terms not defined herein shall have the meaning set forth in supplier's written agreement with Jabil. For purposes of the Jabil BaRS Requirements, the following terms shall have the following meaning:
|Affiliate||with respect to a Person, any other Person which directly or indirectly controls, or is controlled by, or is under common control with, the specified Person or an officer, director or 10% or more shareholder of the specified Person. For purposes of the preceding sentence, “control” of a Person shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such Person, or direct or indirect ownership (beneficially or of record) of, or direct or indirect power to vote, 5% or more of the outstanding shares of any class of capital stock of such Person (or in the case of a Person that is not a corporation, 5% or more of any class of equity interest).|
|Certification and Declaration||the Certification and Declaration of Conformity of Environmental Compliance that Supplier shall complete and submit to Jabil pursuant to Section 4.|
|Non-Compliance||failure of Product to comply with the Jabil BaRS Requirements|
|Jabil Circuit, Inc. ; Jabil||Jabil Circuit, Inc., including its Subsidiaries Affiliates and any Jabil business entity supplier does business with|
|Homogenous Materials||a material of uniform composition throughout that cannot be, in principle, separated into different materials by mechanical actions such as unscrewing, cutting, crushing, grinding and abrasive processes. Illustrative examples of Homogeneous Materials are individual types of plastics, ceramics, glass, metals, alloys, paper, board, resins, and coatings.|
|Law||any U.S. or non-U.S. federal, national, supranational, state, provincial, local or similar statute, law (including common law), treaty, constitutional provision, ordinance, code, directive, notice, binding agreement, policy or rule of law, legal requirement, other government restriction or regulation promulgated or entered into by any regulatory authority of competent jurisdiction, tribunal, judicial or arbitral body, administrative agency or commission or other government authority or instrumentality.|
|Maximum Concentration Values||the highest allowable concentrations of lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBBs) or polybrominated diphenyl ethers (PBDEs) as measured by weight in Homogenous Materials. These levels are: (x) (i) 0.1% for lead, mercury, hexavalent chromium, PBBs and PBDEs; and (ii) 0.01% for cadmium; or (y) any other level adopted by the European Union under the RoHS Directive.|
|Person||any corporation, business entity, natural person, firm, joint venture, limited or general partnership, limited liability entity, limited liability partnership, trust, unincorporated organization, association, government, or any department or agency of any government|
|Product(s)||without limitation, any component, part, sub-assembly, assembly, raw material or other commodity purchased by Jabil from Supplier.|
|RoHS Directive||Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment, O.J. (L 174/88) (June 8 2011), as amended from time to time, European Union Member State implementing legislation and regulation, and related interpretive guidance and enforcement policies, as amended from time to time|
|Standard Product(s)||Products for which Supplier has other customers using the same Product that is manufactured for or sold to Jabil.|
|Subsidiary||corporations, partnerships, limited liability companies, joint ventures, associations and any other legal entities of which any Party (either alone or through or together with any other Subsidiary), owns, directly or indirectly, or has rights to acquire, directly or indirectly more than 50 percent of the stock or other equity interests, the holders of which are generally entitled to vote for the election of the board of directors or other governing body of such corporation or other legal entity.|
|WEEE Directive||Directive 2012/19/EU on Waste Electrical and Electronic Equipment (WEEE), O.J. L 197/38 (July 24, 2012), as amended from time to time, European Union Member State implementing legislation and regulation, and related interpretive guidance and enforcement policies, as amended from time to time.|
Supplier will notify Jabil in writing of any and all proposed design or other changes to the Products. Such notice will be delivered at least 180 days prior to the date such change is proposed to be incorporated into the Product. No change will be made without Jabil’s prior written consent. For the avoidance of any doubt, any proposed change that would result in any Product not complying with the RoHS Directive or exceeding the Maximum Concentration Values shall be deemed to be a design change.
All suppliers are required to prepare and submit full disclosure material composition data for every part number that is supplied to Jabil in support of our efforts and legislative requirements. A full disclosure worksheet can be requested via email@example.com.
The process for completion of the full disclosure worksheet is:
This requirement applies to all part numbers currently being supplied, all new part numbers that are currently under quote or pending quote and any part number (currently supplied) that undergoes a change to fit, form or function. Jabil Circuit recommends that suppliers include a part number change for material changes to provide easier traceability and tracking.
Suppliers shall establish a central point of contact for this reporting activity. This person will be looked upon to be the focal point for submitting requests to report, information and questions as well as the coordination of reporting activities throughout the suppliers’ organization.
In the event that a particular part number requires prioritization or expedited reporting, supplier will be contacted directly and expected to complete and submit the required information in the time frame requested. In some cases, a special prioritization request may be made to provide specific information in a format other than Jabil’s full disclosure spreadsheet. Special prioritization is primarily used to support aggressive timing requirements, including but not limited to, those of Jabil Design Services. The format that typically will be used is a yes/no declaration that addresses a specific requirement, customer request, industry standard, and/or regulation that can consist of multiple substances and serves as an interim declaration only. These special requests will be clearly identified by the Jabil requestor and do not relieve the supplier of the responsibility to submit a full disclosure spreadsheet for all parts to Jabil by the date requested.