Long Lasting Problem with our Supplier sending incorrect parts

Z

zkrasztina

#1
Hallo Dear experts,

We have a long lasting problem with our supplier.
The issue: They supply a small electric device for our trucks, but recently they had a wrong delivery (20Vs devices intsead of 40Vs!) We returned butsince then(!) they are not able to replace this quantity, nor deliver for our current production. I suppose they stopped the 40Vs production.
We tried to make some pressure in different ways but no results.
We are in Europe and the supplier is in the States. So the communication and a visit is very hard from distance. (Our resident there had no succes too)

No we are facing to our customer getting penatly due to the delyed delivery!
What kind of tools are available?
Shall I ask their registars to make sudden audit about this?? Or what?

Thank you for your advice in advance.
Zoltán
:bonk:
 
Elsmar Forum Sponsor
T

True Position

#2
Re: Long Lasting Problem with our Supplier

Were you directed to this supplier from your customer? If so, you'll be in luck since you can then make it the OEM's purchasing / supplier quality problem.

If not, you'll need to see about expediting and who is going to pay for all of that. I would contact your customer if you can't work out an expediting arragement, especially if there's going to be a long delay getting replacement tooling / etc.
 
J

John Martinez

#3
Re: Long Lasting Problem with our Supplier

While True Position may be on to something, it has been my experience that most contracts from automotive clients, while dictating that you purchase from a particular supplier, does not remove you from being responsible for quality or fines for late delivery.

You need to refer to your contract with your customer to see what was agreed.

Regarding the supplier:
  • What was the qualification criteria used to select them?
  • What did your contract or purchase order specify (i.e. 40V transformer or just “transformer” - you did not specify what specific 40V item in your post this is only and example)?
  • What were the fines you imposed upon them?
  • If you did business based upon a letter of credit, and it has not been paid, then that may be a failsafe.
If you feel you are correct and if they are certified, you can certainly lodge a complaint with their Certification Body, and if the CB is accredited, they will have to take some type of action.

While we await your answer, this may be a good learning opportunity for others. Price in and of itself is NEVER a good supplier evaluation tool. Of course, I’m not stating that this was your only qualification.

Disclaimer: NO – not an attorney, nor is this legal advice. :notme:
 

Sidney Vianna

Post Responsibly
Staff member
Admin
#4
Re: Long Lasting Problem with our Supplier

We are in Europe and the supplier is in the States. So the communication and a visit is very hard from distance. (Our resident there had no succes too)
So, if communication is a problem and the logistics are a challenge, how/why was this supplier qualified in the first place?
Shall I ask their registars to make sudden audit about this?? Or what?
You can certainly try to involve the supplier's CB in the mix, since ISO 17021 has provision for the CB to perform short-notice audits, when justified concerns over the effectiveness of the certified system exist, but I doubt the issue will be resolved faster. You can also follow the advice offered here.
What to do if things go wrong?

In the event you are not happy with specific goods or services you receive, you should first of all bring this to your supplier’s attention. You will typically do this via the normal technical and/or commercial communication channels that have been established. Your supplier is obliged to investigate your complaint and should take appropriate actions to avoid or reduce the chances of it happening again.

If, however, you are dissatisfied with the overall performance of your supplier (for example if they continue to provide nonconforming products, do not address your complaints, or are not taking appropriate corrective action). then this is an indication of problems in their quality management system. Depending on the responses you receive, you should be aware that you can escalate your complaint via the steps described below.

If your supplier has a QMS that meets ISO 9001 requirements, they are required to have nominated a person – the management representative – with the responsibility and authority to ensure the system is working properly. You should find out who this is, and make a formal complaint.
If you are still not satisfied with the response from your supplier, and if they are certified by an independent (third party) certification body (registrar), you should bring the matter to the certification body’s attention. You can find the certification body’s name by looking at your supplier’s certificate. The certification body will investigate the problems during their surveillance audits of your supplier’s QMS, or, in critical cases, may decide to carry out an additional specific investigation.
If you do not receive a satisfactory response from the certification body, and if it is accredited (see Figure 1), you should complain to the relevant accreditation body. Details of any such accreditation will appear on your supplier’s ISO 9001 certificate. If you have difficulty in getting this information, you can consult the list of accreditation bodies who are members of the International Accreditation Forum on the IAF Website (www.iaf.nu)
If you feel that you have not received a satisfactory response from the accreditation body, and if it is a member of the International Accreditation Forum (see Figure 1), you can complain to the IAF (www.iaf.nu).
Remember that none of the above will affect your statutory rights as a purchaser and it may be appropriate to take legal action against your supplier instead of, or in parallel with, the above channels. The way in which you do this may vary from one country to another.
 
Z

zkrasztina

#5
Re: Long Lasting Problem with our Supplier

We have contacted already to our customer and his new final deadline is closing, without any changes from supplier's side.

Zoltán
 

SteelMaiden

Super Moderator
Super Moderator
#6
Re: Long Lasting Problem with our Supplier

It is quite unclear what sorts of communications you have had with your supplier, beyond the fact that you sent product back. When this happened, do you ask for a corrective action, or otherwise make some agreement with them about the time frame this needed to be completed? You say that you suppose they've quit making the part, but there should be communication with them to find that out. A good root cause analysis needs to be done, both on this wrong part, and where your problems lie in communications.

If they have contracted to supply this part for you, and they are unable to do so, they should be reimbursing you and more importantly, they should have notified you as soon as they found they wouldn't be able to honor their contractual obligations. (I'm not a lawyer either, so this is just all layman business operations)

You certainly can contact their registrar to lodge a complaint. Follow Sidney's info on how to do that.
 
Z

zkrasztina

#7
Re: Long Lasting Problem with our Supplier

This supplier has been delivering his products since years without any major issue or complaint. But they suddenly stopped delivery this particulary one item of their (complete) product since months (as I mentioned in my first sentences).
The first finding was the wrong specification on this item 20Vs instead of 40Vs. Since we returned they are not able to delive neither answering our questions about it!!! No communication. As I read your comments and advices I am stronly belive I should contact to their registrar now.
Thanks: Zoltán
 
S

Sorin

#8
Re: Long Lasting Problem with our Supplier

This supplier has been delivering his products since years without any major issue or complaint. But they suddenly stopped delivery this particulary one item of their (complete) product since months (as I mentioned in my first sentences).
The first finding was the wrong specification on this item 20Vs instead of 40Vs. Since we returned they are not able to delive neither answering our questions about it!!! No communication. As I read your comments and advices I am stronly belive I should contact to their registrar now.
Thanks: Zoltán

That is highly fishy ...did you look for another supplier?

Edit: What I do not understand is why are you bringing the registrar in discussion.
Or....what do you mean by registrar?
 
Last edited by a moderator:
T

True Position

#9
Re: Long Lasting Problem with our Supplier

Do you have a contract stating the supplier is to continue to provide 40V units to you? If not, I don't see why the accreditation body would get involved at all.
 

Wes Bucey

Quite Involved in Discussions
#10
Re: Long Lasting Problem with our Supplier

Exactly HOW are you communicating with these folks?


  1. phone? What time of day? Is the executive staff available?
  2. email? Who are you addressing the communication to? Maybe that person no longer works at the company (dead, ill, fired, retired, etc.)
  3. snail mail? Did you use registered or certified mail, requiring someone to sign for it?
In my opinion, you need to exhaust EVERY method to contact a responsible person at the supplier to get "some" reply concerning the situation. Only AFTER you have exhausted those avenues, should you start a dialog with a registration entity. Look at it this way, if a supplier is ignoring ALL attempts at communication with the customer, he probably won't be any more responsive in communicating with a registrar.


  1. In the meantime, your company will still be without product - where are you going to get product?
  2. Have you contacted alternate suppliers?
  3. Do you owe the supplier money?
  4. Have you paid money in advance for product not received?
  5. If you do not owe money to supplier and supplier is not holding your money without delivering correct product, WHY keep up the effort at all? Just get a new supplier if you are sure you have done everything to contact this supplier.
  6. It is not your job to police this supplier instead of proceeding with your business.
  7. Get on with your business and don't waste time, effort, and energy on punishing a screwed-up supplier.
 
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