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.|
- 2.1 Supplier represents and warrants to Jabil that the manufacture, delivery or sale to Jabil of any Product under this Agreement complies with all applicable Laws.
- 2.2 Supplier represents and warrants to Jabil that all Products shall, at the time of sale to Jabil, comply with all product safety, emissions, environmental and other Laws applicable thereto, including the RoHS Directive, the WEEE Directive (unless the RoHS Directive and/or WEEE Directive expressly exempts the Product or Jabil has expressly noted in its order for that Product that such Product need not be RoHS and/or WEEE Compliant), and any requirements included in the Product specifications provided by Jabil and the Supplier’s published specifications. Supplier represents and warrants that all Products sold to Jabil meet the Maximum Concentration Values in the particular Product or component thereof. Supplier shall obtain and maintain all certifications related to such requirements to the extent such certification is required by any applicable Law or is reasonably requested by Jabil.
- 2.3 Supplier acknowledges that it is the intent of Jabil to disclose and identify including, where appropriate, to our customers, all hazardous substances contained in our added to the Products. Supplier represents and warrants that none of the following hazardous substances are present in any Product: asbestos, azo colorants and its compounds, ozone-depleting substances (CFCs, HCFCs, HBFCs, carbon tetrachloride, etc.), tributyltin (TBTO), tributyl tin (TBT), triphenyltin (TPT), polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs), polychlorinated naphthalenes (more than 3 chlorine atoms), short chain chlorinated paraffins (SCCPs), and nuclear or radioactive materials.
- 2.4 Supplier shall furnish to Jabil copies of all regulatory reports and certifications upon demand. Further, if any resubmissions for recertifications are required, Supplier shall provide timely notice to Jabil and immediately provide Jabil with copies and full details of same.
- 2.5 Supplier shall test products using testing protocols, standards and procedures provided by or approved in writing by Jabil. In the absence of such testing protocols, standards and procedures, Supplier shall use testing protocols, standards and procedures that meet or exceed any guidance provided by the European Union Commission or the European Union Technical Adaptation Committee or, in the absence thereof, the best practices developed by industry taking into account the work conducted by international standard-setting organizations such as the International Electrotechnical Commission.
- 2.6 Supplier shall notify Jabil promptly upon discovering that if any Product is Noncompliant or otherwise fails to comply with any applicable product safety, emissions, environmental and other Law applicable thereto consumer product or safety rule or contains a defect that could create a substantial product safety or electrical or environmental hazard and to supply the other with information concerning the nature and extent of the defect involved and the nature and severity of injuries or potential injuries related to the particular Product.
3.0 Certification and Declaration
- 3.1 Supplier shall complete and submit to Jabil a Certification and Declaration for each type of Product delivered to Jabil on an annual basis or as Jabil may reasonably request from Supplier to comply with Laws or respond to customer or regulatory authority requests. Supplier represents and warrants that all information and statements provided in each Certification and Declaration are true, accurate and complete.
- 3.2 Supplier acknowledges and understands that Jabil enters into this Agreement in reliance upon the Supplier’s completion of a Certification and Declaration for each type of Product delivered to Jabil and that Supplier’s completion of such Certification and Declaration is a condition precedent for Jabil’s entry into this Agreement. This Agreement incorporates as binding and material terms all the representations, warranties, terms and conditions set forth in the Certifications and Declarations.
- 3.3 In addition to the Certifications and Declarations, Supplier shall provide to Jabil data on the content and composition of Products, including a complete elemental analysis at the level of each Homogeneous Material. Supplier hereby agrees to provide these data by means of specific format and specific information technology dictated by Jabil. Supplier represents and warrants that all data provided about the content and composition of Products is true, accurate and complete.
- 3.4 Supplier shall keep for a period of five (5) years from the date of delivery of any Product an accurate factual record, including any testing and measurement data and certification, demonstrating that the Products do not exceed the Maximum Concentration Values and otherwise comply with applicable Law, including the RoHS Directive and WEEE Directive. Upon ten (10) days written notice, Supplier shall provide a copy of the factual record to Jabil.
- 3.5 Notwithstanding anything to the contrary contained in this Agreement, Supplier agrees that Jabil may communicate to any person, including Jabil’s customers and any regulatory authority, any Certification and Declaration and any other data submitted by Supplier that may be relevant to assessing the Products’ compliance with Maximum Concentration Values and Laws, including the RoHS Directive & WEEE Directive. Supplier shall provide such assistance and cooperation as Jabil, Jabil’s customer or their respective counsel may reasonably request in connection with such compliance assessment.
- 3.6 Supplier understands and acknowledges that the legal and practical requirements of complying with the RoHS Directive and the WEEE Directive are subject to change, and that Jabil reserves the right change its supplier requirements and specifications, including but not limited to these BaRS Requirements in response to any such change, in response to any new or anticipated customer or legal requirement or specifications, or for any other reason.
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.
5.0 Reporting Requirements
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 firstname.lastname@example.org.
The process for completion of the full disclosure worksheet is:
- Obtain the full disclosure worksheet
- Following the instructions contained in the worksheet, enter the full material composition information for the specific part number being reported, including the Jabil Circuit part number
- Once all data has been entered for the part, perform the Certify and Export check.
- If the check result is acceptable, the file must be certified and then saved as a .cxs file. The file name must include the Supplier Name. Any non-certified worksheets submitted will be rejected.
- Submit the completed and certified worksheet (.cxs file) to email@example.com and to a specific requester, if so requested.
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.