ACCEPTANCE OF ORDER. Derco Aerospace, Inc.'s (“Seller”) acceptance of your order is expressly made conditional on your agreement to these terms and conditions. Your agreement shall be conclusively presumed from your failure to object in writing within 10 days of delivery of goods or from your acceptance of all or any part of your order. Any other terms and conditions, including those set forth in Buyer’s purchase order or other ordering document, are hereby rejected and deemed null and void. These goods are being provided under the assumption that they are to be manufactured to military specifications.
PAYMENT. Terms are net 30 days from date of invoice unless otherwise specified on the face of invoice. All items quoted are in United States dollars and all amounts shall be paid in cash or in negotiable paper collectable at its face value in United States Funds. Seller is not required to proceed with performance of Buyer's order while Buyer is in default of this or any other contract with Seller or upon the suspension of business, insolvency or liquidation of Buyer or the commencement of any proceeding under any bankruptcy law by or against the Buyer. Upon failure of the Buyer to pay the price as set forth herein, Buyer hereby grants the Seller the right to come onto the premises of the Buyer, or Buyer's purchaser, and to reclaim all of the goods under this agreement. In the event that any amounts due Seller hereunder become delinquent, the entire balance shall become immediately due and bear interest from the date of this contract at the legal rate of interest per annum, determined on a pro rata daily basis.
CREDIT. Seller reserves the right to, at any time, revoke any credit extended to the Buyer if Buyer fails to pay for any shipment promptly when due, or for any other reason in the sole and absolute discretion of Seller.
WARRANTY. Seller warrants that at time of delivery to the Buyer, and for a period of one (1) year or one thousand (1,000) operating hours after delivery, whichever shall first occur, (six (6) months or five hundred (500) operating hours in the case of overhauled condition items; three (3) months or two hundred fifty (250) operating hours in the case of New Surplus and Serviceable condition items; Repairable Condition items are sold on an “as is” basis only and are non-returnable) all goods sold shall be free of defects in material and workmanship, and substantially conform to the original manufacturer's and/or prevailing U.S. Government specifications or drawings, including all technical requirements. Seller's liability and Buyer’s remedy under this warranty shall be limited to repair, replacement, or refund, at Seller's option, of any goods which have failed to comply with this warranty. Notice of an alleged defect shall be given by the Buyer to Seller within thirty (30) days after discovery thereof, and such notices shall contain detailed particulars setting out the nature and ground of the claim. Transportation charges for the return of such defective parts to Seller and its reshipment to Buyer and the risk of loss thereof will be borne by Seller only if returned in accordance with written shipping instructions from Seller. Seller shall not be liable under this warranty in any of the following events, namely: (a) if the aircraft component in which the part is fitted has not been operated, maintained, overhauled, or stored in accordance with the Manufacturers' instruction; (b) if the said defective part shall have been handled, stored, repaired, or altered by the Buyer in any way which may have impaired its safety of operation or efficiency; (c) if the aircraft component in which the said part is fitted has been subjected to any abnormal condition or to misuse or neglect or shall have suffered any accident. If assignable, Buyer shall be entitled to receive the benefit given by the supplier of goods to Seller, and for this purpose Seller hereby agrees to assign the benefit of such warranty to the Buyer. THE AFORESAID WARRANTY, AND THE WARRANTY OF TITLE BELOW, ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AND SELLER HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOSSES, COSTS, OR CONSEQUENTIAL DAMAGES, DIRECT OR INDIRECT, OF ANY KIND OR NATURE, WHATSOEVER. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES, OR THIS LIMITATION WILL BE BINDING UPON SELLER, SIKORSKY AIRCRAFT CORPORATION, OR UNITED TECHNOLOGIES CORPORATION UNLESS IN WRITING, SIGNED BY A DULY AUTHORIZED OFFICER OF SELLER.
INDEMNIFICATION. Buyer shall indemnify and hold Seller harmless against any and all losses, liabilities, damages, costs, or expenses arising from (i) any and all claims which may be made against Seller by reason of injury or death which were caused by or alleged to have been caused by the use, sale, transfer or alteration of the goods furnished hereunder, (ii) any and all damages to Seller's property which are caused by any act or omission, negligence or otherwise, of Buyer or any subcontractor of Buyer or of any of Buyer's employees, workmen, servants or agents; (iii) all fines and civil or criminal penalties arising out of the manufacture, delivery or performance by Seller of goods or services hereunder; and (iv) in the case of any goods furnished hereunder in accordance with the special request, plans or specifications of the Buyer, any infringement or alleged infringement of any United States or foreign letters patent by any of the goods delivered hereunder.
LIABILITY LIMITATION. With respect to any goods purchased under this order and alleged to be the cause of any loss or damage to Buyer, the sum equal to the invoiced price of such good (or if not separately priced, Seller's established selling price for such item) shall be the ceiling limit on Seller's, Sikorsky Aircraft Corporation’s, and United Technologies Corporation's liability, whether founded in contract or tort (including negligence, strict tort liability, or breach of warranty), arising out of or resulting from (i) this order or the performance or breach thereof or (ii) the design, manufacture, delivery, sale, repair, replacement, use, or furnishing of any such good. In no event shall Seller, Sikorsky Aircraft Corporation or United Technologies Corporation have any liability for any indirect, incidental, consequential or special damages.
DELIVERY. All deliveries shall be made FCA, Seller’s Milwaukee, WI, USA facility (INCOTERMS 2000). Failure of Seller to make delivery when due, if such failure is due to any reason beyond the control of Seller shall not subject Seller to any liability to Buyer. Seller reserves the right to make delivery in installments that shall be separately invoiced and paid for when due. Delay in delivery of installments will not relieve the Buyer of its obligation to accept remaining deliveries.
RETURNED GOODS AND CANCELLATION. All sales are final. The return of any material will be accepted only with prior approval of the Seller, and the Buyer will be subject to a restocking charge. Request for cancellation must be submitted to Seller in writing and will be subject to a cancellation fee. Seller shall have sole discretion to grant any request for cancellation.
EXTRAS. Additional charges will be allowed and at Seller's discretion, be made for cartons, wrapping, packing, boxing, crating, delivery, drayage, returnable containers, taxes and transportation of goods covered by invoice. All sales, use and excise taxes and duties shall be paid by the Buyer.
TITLE. Title and risk of loss to all goods sold hereunder shall pass to Buyer upon Seller's delivery to carrier at point of shipment designated by Seller. Seller's liability and Buyer's remedy under this warranty are limited to the removal of any title defect or at the election of Seller to the replacement of the goods which are defective in title.
ASSIGNMENT/WAIVER. This contract is not assignable by Buyer without the prior written consent of Seller. Any failure by either Party to exercise any right granted by these terms and conditions shall not be construed as a waiver of such right or any other rights under these terms and conditions, and shall in no way affect the subsequent exercise of such right or of any rights under these terms and conditions by such Party. If any term of this Order is determined to be invalid or unenforceable under applicable law, such term or terms shall not apply; but the remaining terms of this Order shall remain in full force and effect.
GOVERNING LAW AND FORUM. This contract shall be governed by and construed according to the laws of the State of Wisconsin, without reference to its conflict of laws rules and specificially excludes application of the United Nations Convention on Contracts for the International Sale of Goods. Any and all disputes hereunder shall be submitted solely and exclusively to binding arbitration in Milwaukee, Wisconsin, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted before a single arbitrator chosen in accordance with such rules, and shall be in the English language.
CLAIMS. Failure to give notice of claim within ten (10) days after the occurrence upon which a claim is founded shall constitute a waiver by Buyer of the Claim. If, upon receipt of the goods by Buyer at its location, the same shall not conform to this Order, Buyer shall within ten (10) calendar days after receipt thereof, notify Seller of such condition and afford Seller a reasonable opportunity to inspect the goods and make any appropriate adjustment or replacement. The same remedies afforded Buyer under "Warranties" shall be exclusive for defective goods discovered upon inspection. Buyer shall not delay payment for the goods pending their inspection. Buyer will furnish written shipping instructions for all goods as promptly as possible. In the absence of such instructions Seller may, at any time beginning ten (10) days after forwarding notice to Buyer by mail, facsimile or otherwise that the goods are ready for shipment, do either of the following for the account of and at the expense and risk of Buyer: (i) arrange for shipment of the goods by a carrier of its own selection to Buyer's place of business or other destination reasonably believed to be suitable or (ii) warehouse the goods and charge the Buyer a reasonable warehousing fee.
EXPORT COMPLIANCE. For all international shipments, unless otherwise instructed by the Buyer, the Seller will obtain any and all necessary export licenses necessary to ship these goods, from the United States Government Department of State or Commerce, if so required under the applicable U.S. Government export control regulations. Seller and Buyer specifically acknowledge that Seller’s ability to obtain an export license is conditioned upon the ability of Seller and Buyer to conform to the laws and regulations of the U. S. Government and its various cognizant departments regarding the sale of the goods to Buyer. Buyer agrees to provide any required documentation to Seller required to obtain an export license. Buyer understands that Seller is legally responsible for violations of U.S. export laws; therefore, Buyer agrees that Buyer will, upon demand by Seller, make Seller whole as a result of any fines, penalties, or forfeitures resulting from errors or omissions of a Freight Forwarder not recommended or approved by Seller. Any technical data or defense service exported from the United States under these Terms and Conditions and any defense article which may be produced or manufactured from such technical data or defense service may not be transferred to a person in a third country or to a national of a third country except as specifically authorized by the United States Department of State unless the prior written approval of that agency has been obtained, and this obligation shall remain binding on the Buyer. For all domestic shipments, the Buyer assumes all responsibility for any subsequent export of the goods and shall indemnify Seller against any and all losses, liabilities, damages, costs, or expenses arising from the improper or unauthorized export of goods shipped under this order by Buyer or Buyer’s customer, and by acceptance of these terms, certifies that, if receiving defense articles, it is registered with the Directorate of Defense Trade Controls and therefore eligible to handle such goods.
IMPORT COMPLIANCE. With respect to any import laws and other regulations of the country of destination and its various cognizant departments regarding the impot of the goods hereunder, Buyer shall be solely responsible for obtaining and complying with any and all import licenses or other authorizations which may be required for importing the goods.
U.S. GOVERNMENT FLOWDOWN. Seller accepts only the flowdown of those goverment purchasing regulations (FAR, DFAR, etc.) made known to and accepted by Seller at time of quotation. If this order requires compliance with such regulation not made previously know to and accepted by Seller, Seller reserves the right to re-price the goods or cancel the order without any further liability.
NOTICES. All notices, or communications of any kind under and with respect to this order and the goods shall be in the English language. All legal notices required hereunder shall be given by hand delivery or registered mail. The effective date of each such notice shall be the date upon which it is received.
FORCE MAJEURE. Buyer acknowledges that the delivery dates are based on the assumption that there will be no delay due to causes beyond the reasonable control of Seller. Seller shall not be charged with any liability for delay or nondelivery when due to delays of suppliers, acts of God or the public enemy, compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not it proves to be invalid, fires, riots, labor disputes, unusually severe weather, or any other cause beyond the reasonable control of Seller. To the extent that such causes actually retard deliveries on the part of Seller, the time for the performance shall be extended for as many days beyond the date thereof as is required to obtain removal of such causes. This provision shall not, however, relieve Seller from using reasonable effortrs to avoid or remove such causes and continue performance with reasonable dispatch whenever such causes are removed.
DEBARMENT OF BUYER: If Buyer is debarred by the U.S. Government from participating in transactions which involve the export of goods (whether commercial or military), Seller has the immediately available option of canceling this order without liability of any kind to Buyer. If Buyer is debarred by the U.S. Government from selling goods either directly to the government or from providing goods as a subcontractor in fulfillment of requirements originating with the U.S. Government, Seller has the immediately available option of canceling this order without liability of any kind to Buyer.
Revision Date 01/14/2010
ACCEPTANCE OF ORDER. Derco Repair Services, Inc.'s (“Seller”) acceptance of your order is expressly made conditional on your agreement to these terms and conditions. Your agreement shall be conclusively presumed from your failure to object in writing within 10 days of delivery of goods or from your acceptance of all or any part of your order. Any other terms and conditions, including those set formth in Buyer’s purchase order or other ordering document, are hereby rejected and deemed null and void.
PAYMENT. Terms are net 30 days from date of invoice unless otherwise specified on the face of invoice. All items quoted are in United States dollars and all amounts shall be paid in cash or in negotiable paper collectable at its face value in United States Funds. Seller is not required to proceed with performance of Buyer's order while Buyer is in default of this or any other contract with Seller or upon the suspension of business, insolvency or liquidation of Buyer or the commencement of any proceeding under any bankruptcy law by or against the Buyer. Upon failure of the Buyer to pay the price as set forth herein, Buyer hereby grants the Seller the right to come onto the premises of the Buyer, or Buyer's purchaser, and to reclaim all of the goods under this agreement. In the event that any amounts due Seller hereunder become delinquent, the entire balance shall become immediately due and bear interest from the date of this contract at the legal rate of interest per annum, determined on a pro rata daily basis.
CREDIT. Seller reserves the right to, at any time, revoke any credit extended to the Buyer if Buyer fails to pay for any shipment promptly when due, or for any other reason in the sole and absolute discretion of Seller.
WARRANTY. Seller warrants that at time of delivery to the Buyer, and for a period of one (1) year or one thousand (1,000) operating hours for overhauled items, or six (6) months or five hundred (500) hours for repaired items, after delivery, whichever shall first occur, all goods sold shall be free of defects in material and workmanship, and substantially conform to the original manufacturer's, prevailing U.S. Government, and/or commercial specifications or drawings, including all technical requirements (whichever is applicable). Seller's liability and Buyer’s remedy under this warranty shall be limited to repair, replacement, or refund, at Seller's option, of any goods which have failed to comply with this warranty. Notice of an alleged defect shall be given by the Buyer to Seller within thirty (30) days after discovery thereof, and such notices shall contain detailed particulars setting out the nature and ground of the claim. Transportation charges for the return of such defective parts to Seller and its reshipment to Buyer and the risk of loss thereof will be borne by Seller only if returned in accordance with written shipping instructions from Seller. Seller shall not be liable under this warranty in any of the following events, namely: (a) if the aircraft component in which the part is fitted has not been operated, maintained, overhauled, or stored in accordance with the Manufacturers' instruction; (b) if the said defective part shall have been handled, stored, repaired, or altered by the Buyer in any way which may have impaired its safety of operation or efficiency; (c) if the aircraft component in which the said part is fitted has been subjected to any abnormal condition or to misuse or neglect or shall have suffered any accident. If assignable, Buyer shall be entitled to receive the benefit given by the supplier of goods to Seller, and for this purpose Seller hereby agrees to assign the benefit of such warranty to the Buyer. THE AFORESAID WARRANTY, AND THE WARRANTY OF TITLE BELOW, ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AND SELLER HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOSSES, COSTS, OR CONSEQUENTIAL DAMAGES, DIRECT OR INDIRECT, OF ANY KIND OR NATURE, WHATSOEVER. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES, OR THIS LIMITATION WILL BE BINDING UPON SELLER, SIKORSKY AIRCRAFT CORPORATION, OR UNITED TECHNOLOGIES CORPORATION UNLESS IN WRITING, SIGNED BY A DULY AUTHORIZED OFFICER OF SELLER.
INDEMNIFICATION. Buyer shall indemnify and hold Seller harmless against any and all losses, liabilities, damages, costs, or expenses arising from (i) any and all claims which may be made against Seller by reason of injury or death which were caused by or alleged to have been caused by the use, sale, transfer or alteration of the goods furnished hereunder, (ii) any and all damages to Seller's property which are caused by any act or omission, negligence or otherwise, of Buyer or any subcontractor of Buyer or of any of Buyer's employees, workmen, servants or agents; (iii) all fines and civil or criminal penalties arising out of the manufacture, delivery or performance by Seller of goods or services hereunder; and (iv) in the case of any goods furnished hereunder in accordance with the special request, plans or specifications of the Buyer, any infringement or alleged infringement of any United States or foreign letters patent by any of the goods delivered hereunder.
LIABILITY LIMITATION. With respect to any goods purchased under this order and alledged to the be cause of any loss or damage to Buyer, the sum equal to the invoiced price od such good (or if not separately priced, Seller’s established selling price for such item) shall be the ceiling limit on Seller’s, Sikorsky Aircraft Corporation’s, and United Technologies Corporation’s liability, whehter founded in contract or tort (including negligence, strict tort liability, or breach of warranty), arising out of or resulting from (i) this order or the performance or breach thereof or (ii) the design, manufacture, delivery, sale, repair, replacement, use, or furnishing of any such good. In no event shall Seller, Sikorsky Aircraft Corporation, or United Technologies Corporation have any liability for any indirect, incidental, consequential, or special damages.
DELIVERY. All deliveries shall be made FCA, Seller’s Milwaukee, WI, USA facility (INCOTERMS 2000). Failure of Seller to make delivery when due, if such failure is due to any reason beyond the control of Seller shall not subject Seller to any liability to Buyer. Seller reserves the right to make delivery in installments that shall be separately invoiced and paid for when due. Delay in delivery of installments will not relieve the Buyer of its obligation to accept remaining deliveries.
RETURNED GOODS AND CANCELLATION. All sales are final. The return of any material will be accepted only with prior approval of the Seller, and the Buyer will be subject to a restocking charge. Request for cancellation must be submitted to Seller in writing and will be subject to a cancellation fee. Seller shall have sole discretion to grant any request for cancellation.
EXTRAS. Additional charges will be allowed and at Seller's discretion, be made for cartons, wrapping, packing, boxing, crating, delivery, drayage, returnable containers, taxes and transportation of goods covered by invoice. All sales, use and excise taxes and duties shall be paid by the Buyer.
TITLE. Title and risk of loss to all goods sold hereunder shall pass to Buyer upon Seller's delivery to carrier at point of shipment designated by Seller. Seller's liability and Buyer's remedy under this warranty are limited to the removal of any title defect or at the election of Seller to the replacement of the goods which are defective in title.
ASSIGNMENT/WAIVER. This contract is not assignable by Buyer without the prior written consent of Seller. Any failure by either Party to exercise any right granted by these terms and conditions shall not be construed as a waiver of such right or any other rights under these terms and conditions, and shall in no way affect the subsequent exercise of such right or of any rights under these terms and conditions by such Party. If any term of this Order is determined to be invalid or unenforceable under applicable law, such term or terms shall not apply; but the remaining terms of this Order shall remain in full force and effect.
GOVERNING LAW AND FORUM. This contract shall be governed by and construed according to the laws of the State of Wisconsin, without reference to its conflict of laws rules and specificially excludes application of the United Nations Convention on Contracts for the International Sale of Goods. Any and all disputes hereunder shall be submitted solely and exclusively to binding arbitration in Milwaukee, Wisconsin, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted before a single arbitrator chosen in accordance with such rules, and shall be in the English language.
CLAIMS. Failure to give notice of claim within ten (10) days after the occurrence upon which a claim is founded shall constitute a waiver by Buyer of the Claim. If, upon receipt of the goods by Buyer at its location, the same shall not conform to this Order, Buyer shall within ten (10) calendar days after receipt thereof, notify Seller of such condition and afford Seller a reasonable opportunity to inspect the goods and make any appropriate adjustment or replacement. The same remedies afforded Buyer under "Warranties" shall be exclusive for defective goods discovered upon inspection. Buyer shall not delay payment for the goods pending their inspection. Buyer will furnish written shipping instructions for all goods as promptly as possible. In the absence of such instructions Seller may, at any time beginning ten (10) days after forwarding notice to Buyer by mail, facsimile or otherwise that the goods are ready for shipment, do either of the following for the account of and at the expense and risk of Buyer: (i) arrange for shipment of the goods by a carrier of its own selection to Buyer's place of business or other destination reasonably believed to be suitable or (ii) warehouse the goods and charge the Buyer a reasonable warehousing fee.
DISPOSITION OF PROPERTY. Buyer property sent to Seller which is not either claimed or for which Buyer has provided disposition direction to Seller within twelve (12) months after a request for the same is made by Seller will be considered abandoned property and Seller, at its sole discretion, may take clear title to such property without resorting to judicial action and may scrap or reuse such Buyer property. At its sole discretion, Seller may take clear title to property which Buyer has requested Seller to scrap, without resorting to judicial action, and Seller may use such Buyer property without further permission from Buyer.
EXPORT COMPLIANCE. For all international shipments, unless otherwise instructed by the Buyer, the Seller will obtain any and all necessary export licenses necessary to ship these goods from the United States Government Department of State or Department of Commerce, if so required under the applicable U.S. Government export control regulations. Seller and Buyer specifically acknowledge that Seller’s ability to obtain an export license is conditioned upon the ability of Seller and Buyer to conform to the laws and regulations of the U. S. Government and its various cognizant departments regarding the sale of the goods to Buyer. Buyer agrees to provide any required documentation to Seller required to obtain an export license. Buyer understands that Seller is legally responsible for violations of U.S. export law; therefore, Buyer agrees that Buyer will, upon demand by Seller, make Seller whole as a result of any fines, penalities, or forfeitures resulting from errors or omissions of a Freight Forwarder not recommended or approved by Seller. Any technical data or defense service exported from the United States under these Terms and Conditions and any defense article which may be produced or manufactured from such technical data or defense service may not be transferred to a person in a third country or to a national of a third country except as specifically authorized by the United States Department of State unless the prior written approval of that agency has been obtained, and this obligation shall remain binding on the Buyer. For all domestic shipments, the Buyer assumes all responsibility for any subsequent export of the goods and shall indemnify Seller against any and all losses, liabilities, damages, costs, or expenses arising from the improper or unauthorized export of goods shipped under this order by Buyer or Buyerr’s customer, and by acceptance of the terms, certifies that, if receiving defense articles, it is registered with the Directorate of Defense Trade Controls and therefore eligible to handles such goods.
IMPORT COMPLIANCE. With respect to any import laws and other regulations of the country of destination and its various cognizant departments regarding the import of the goods hereunder, Buyer shall be solely responsible for obtaining and complying with any and all import licenses or other authorizations which may be required for importing the goods.
U.S. GOVERNMENT FLOWDOWN. Seller accepts only the flowdown of those government purchasing regulations (FAR, DFAR, etc.) made known to and accepted by Seller at time of quotation. If this order requires compliance with such regulation not made previously know to and accepted by Seller, Seller reserves the right to re-price the goods or cancel the order without any further liability.
NOTICES. All notices, or communications of any kind under and with respect to this order and the goods shall be in the English language. All legal notices required hereunder shall be given by hand delivery or registered mail. The effective date of each such notice shall be the date upon which it is received.
FORCE MAJEURE. Buyer acknowledges that the delivery dates are based on the assumption that there will be no delay due to causes beyond the reasonable control of Seller. Seller shall not be charged with any liability for delay or nondelivery when due to delays of suppliers, acts of God or the public enemy, compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not it proves to be invalid, fires, riots, labor disputes, unusually severe weather, or any other cause beyond the reasonable control of Seller. To the extent that such causes actually retard deliveries on the part of Seller, the time for the performance shall be extended for as many days beyond the date thereof as is required to obtain removal of such causes. This provision shall not, however, relieve Seller from using reasonable effortrs to avoid or remove such causes and continue performance with reasonable dispatch whenever such causes are removed.
DEBARMENT OF BUYER. If Buyer is debarred by the U.S. Government from participating in transactions which involve the export of goods (whether commercial or military), Seller has the immediately available option of canceling this order without liability of any kind to Buyer. If Buyer is debarred by the U.S. Government from selling goods either directly to the government or from providing goods as a subcontractor in fulfillment of requirements originating with the U.S. Government, Seller has the immediately available option of canceling this order without any liability of any kind to Buyer.
Revision Date 01/14/10
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