ISO/TS 16949:2009 stipulates a resilient supplier relationship management. This entails each supplier’s obligation to examine and verify his own subsupplier’s ability to deliver quality products, and to maintain this quality level throughout the entire duration of the supplier relationship. The supplier is legally responsible and liable for failures in supplier relationship management. In order to safeguard himself with respect to whether his subsupplier’s products are delivered as agreed, the key requirements are those set out in ISO/TS 16949 – 7.4.1 (Purchasing process) as well as 7.4.3 (Verification of purchased products).
Point 7.4.3 requires that an inspection of all purchased parts be carried out during processes so as to ensure the purchased parts themselves, and in turn the supplier’s products manufactured therewith, are defect-free. The verification of purchased products as required by the universally binding ISO/TS 16949 corresponds to an incoming goods inspection and, from a technical as well as legal point of view, goes beyond the incoming goods inspection according to §377 of the German Commercial Code (HGB). Any negligence of this obligation to inspect constitutes a breach of contract and, hence, an obligation to pay damages, irrespective of liability for defective products.