NDA / Supplier Agreement

“Our success depends on the success of our customers.”
David Fisher, President, S&H Machine

  2. The undersigned, (“Recipient” herein), acknowledges that it has or will receive from S&H Machine, Inc, (“S&H” herein), certain technical and design data, such as solid models, CNC Programs, specifications, and drawings, (the “Technical Information” herein), relating to products that S&H provides to it’s customers.
  3. By signing below, Recipient acknowledges that the Technical Information it has obtained is confidential and proprietary to S&H and/or it’s customers.
  4. Acknowledging the confidential and proprietary nature of the Technical Information, and in consideration of its release to Recipient, Recipient agrees that it will strictly limit the use of the Technical Information in order to provide quotations to S&H and/or to manufacture products for S&H machine exclusively.
  5. Recipient agrees that it will protect the confidential and proprietary nature of the Technical Information and not use the Technical Information to develop or manufacture the Product for anyone other than S&H. Recipient further agrees that it will not transfer or allow the transfer of the Technical Information to any third person or entity, including Recipient’s customers, contractors, visitors, and/or associates without the prior written consent of S&H, which may be withheld in S&H’s sole and absolute discretion, and the execution of a similar agreement by that third party.
  6. Recipient agrees to indemnify S&H from any losses incurred by Recipient’s violation of this Agreement including any reasonable attorney’s fees or other legal costs incurred by S&H in seeking the enforcement of this Agreement.
  7. S&H will only pay invoices from Recipient for products produced by Recipient that meet our purchase order (P.O.) requirements and/or the requirements of the technical information provided. In all cases the P.O. takes precedence over any other technical data provided.
  8. No deviations are accepted. S&H will only pay for a “perfect part”. Perfect parts are those that meet our requirements as stated on our P.O. or the drawings as well as the technical data provided to Recipient. In all cases S&H is the final authority on determining if a product produced by Recipient is acceptable or not.
  9. This Agreement is intended to be ongoing and shall also apply to any further requests from Recipient for the release of additional or further Technical Information provided by S&H.
  10. The person executing this Agreement on behalf of Recipient below represents and warrants to S&H that he or she is authorized to execute this Agreement on behalf of Recipient.
    S&H Machine, Inc [Name of Company]
    Name:____________________________________ Name:____________________________________
    Signature:_________________________________ Signature:_________________________________
    Date:_____________________________________ Date:_____________________________________