Terms & Conditions

AERO-GLEN INTERNATIONAL, LLC TERMS AND CONDITIONS OF SALE

APPLICABILITY Unless otherwise provided in a separate, written definitive contract signed by the parties, these terms and conditions of sale are applicable to all sales of all goods (“Products”) by Aero-Glen International, LLC (hereinafter “AGI” to any customer (hereinafter “Customer”). Issuance of a purchase order to AGI by Customer for the purchase of Products shall legally bind Customer exclusively to these terms and conditions of sale. Customer agrees to be bound exclusively by these terms and conditions of sale, notwithstanding Customer’s terms and conditions—whether or not supplied to AGI at any time. Any term or condition submitted by Customer in any manner, whether included on a request for quote, request for proposal, purchase order or acknowledgement or otherwise that is inconsistent with or contrary to any term or condition included herein, is expressly rejected by AGI. Any additional terms or conditions put forth by Customer shall not be binding on AGI unless AGI expressly agrees to them in a writing signed by a duly authorized officer. Customer acknowledges that acceptance of these exclusive terms and conditions of sale is a material part of AGI’s agreement to sell Products to Customer, and but for the exclusive application of these terms and conditions, AGI would not agree to sell Products to Customer. Notwithstanding anything to the contrary in Customer’s order or any ancillary documentation thereto, no act by AGI, including, without limitation, accepting an order, acknowledging an order, commencing performance and/or performance, shall legally bind AGI to Customer’s terms and conditions of purchase, in total or part. No failure by AGI to object to Customer’s terms and conditions shall constitute a waiver by AGI of these terms and conditions of sale.

ORDER ACKNOWLEDGMENT Upon Customer’s request, AGI will endeavor to acknowledge receipt of purchase orders and issue acceptance or denial within three (3) business days.

Order Cancellation Orders that have been accepted by AGI may not be canceled without AGI’s consent. If AGI consents to a cancellation, restocking and cancellation charges may apply. If Customer has been placed on an administrative account hold (e.g., credit hold, etc.,) after 60 days, Customer’s stock allocation may be reallocated to other sales, and Orders may be cancelled if the hold exceeds 6 months. AGI will not be liable for any delay penalties on Customer accounts resumed from hold status that were subject a stock reallocation described in this paragraph.

ORDER MINIMUMS Unless other terms have been agreed to, order and line minimums will apply. AGI reserves the right to consolidate multiple purchase orders of the same Product under one order where it would increase the efficiency of fulfilment.

PRICE QUOTES Every effort will be made to maintain the quoted prices for stated validity terms; however, prices are subject to change without notice. Prices and availability information received from AGI representatives are quotations and DO NOT constitute legally binding offers.

PAYMENT TERMS Shipments to a Customer who has not established credit terms will be charged to a credit card (VISA, MasterCard, American Express, Discover) and subject to a 3% credit card fee. Invoices will be sent at the time of shipment. Payments from a Customer who has been given open terms should be mailed to the address shown on the invoice or electronic payment issued within thirty (30) days of receipt of the invoice (or other mutually agreed upon payment term). Late payments will be subject to an interest charge of 1.5% per month (or the highest rate allowed by applicable law) until paid and any collection costs or fees incurred (unless special terms have been arranged). Accounts with unpaid balances over sixty (60) days will be placed on credit hold. In addition, AGI may, at its election, refuse to accept new orders from the Customer or hold delivery of orders placed by the Customer until the Customer’s account has been brought current. AGI reserves the right to modify or withdraw credit terms and/or credit limits at any time without notice and to require guaranteed security or payment in advance for the amount of the order.

CREDIT APPLICATION A Customer that wishes to pay on credit terms must fill out and sign a “Credit Application” form and return to an AGI representative for processing. Only AGI’s “Credit Application” will be accepted for credit terms. Credit terms and credit limits are not given until the credit application is fully processed and approved. Credit limits may be adjusted by AGI at its sole discretion.

DELIVERY Accepted Purchase Orders shall be delivered in accordance with the quoted lead times. If an item is out of stock, Customer will be notified and an approximate delivery date will be provided for any back-ordered item.

Although AGI will make commercially reasonable efforts to meet the AGI confirmed delivery date, Customer acknowledges and agrees that delivery dates and lead times are estimates only and not firm commitments and, further, that AGI shall not be liable for any resulting charges, costs or damages incurred by the Customer on account of delays. Subject to the provision for Special Orders below, Customer may submit a written request to cancel any item which is excessively delayed.

DELIVERY TERMS FOR ALL ORDERS SHALL BE FOB ORIGIN.

 

COST OF DELIVERY, TAXES, DUTIES, AND OTHER CHARGES Delivery costs of the Products shall be in accordance with the referenced Incoterm. Unless expressly stated otherwise, AGI’s quoted prices for the Products do not include, and Customer will pay or reimburse AGI for, any and all duties or sales, use, excise, value added or similar taxes (excluding income taxes of AGI) payable as a result of Customer’s purchase, transportation, importation, receipt or use of the Products. In addition to all other rights, AGI reserves the right to adjust prices for Products on any quotes or “accepted” Purchase Orders to account for the imposition of new or any increases to duties, tariffs, taxes or similar charges or the cost of complying with new or increased U.S. or foreign governmental restrictions or requirements related to product or material origin, processing or composition that, individually or collectively, directly or indirectly, affect AGI’s ability to supply or overall cost of supplying Products to the Customer.

TITLE AND RISK OF LOSS Title to each Product and risk of loss of each Product shall pass to Customer in accordance with the referenced Incoterm.

SPECIAL ORDERS In the event AGI provisions Products specifically for the Customer and Customer requests a cancellation of the order, AGI reserves the right to charge Customer associated cancellation costs in addition to a 15% restocking fee.

CERTIFICATION AGI maintains complete traceability on all Products. If Customer orders or accepts new surplus (NS), as removed (AR), serviceable (SV), repaired (RP), or overhauled (OH) Products, customer accepts that complete traceability may not be available. All shipments are accompanied by an AGI Certificate of Conformance at no additional charge. If a copy of the manufacturer’s certification is requested, this must be stipulated on Customer’s purchase order. Certification requests will be agreed upon at the time Customer’s account is established. AGI does not provide test reports as part of our certification packages. Requests for test reports should be clearly noted on Customer’s purchase order or directed to your sales representative and when available, a charge will apply.

INTELLECTUAL PROPERTY AGI reserves the right to discontinue, without liability, delivery of any Products the manufacture, sale or use of which would, in AGI’s opinion, infringe upon any intellectual property rights of third parties.

PACKAGING AGI packages Products to mitigate accidental damage during shipment and storage. Products are packaged according to the requirements of the design authority. Deviations from these standard packaging methods may incur additional cost, which shall be for the account of Customer. Unless otherwise stated, quoted prices are for standard packaging methods only. Special package markings (custom labeling) will be agreed upon at the time Customer’s account is established, with any exceptions noted clearly on the purchase order. Please contact an AGI sales representative to arrange for custom labeling. If custom labeling is not requested, Products will be shipped with AGI’s standard label.

RETURN POLICY Under certain conditions, and with AGI’s consent, Products regularly carried in stock may be requested to be returned within sixty (30) days of invoice date. Within this time requirement, an AGI sales representative must be contacted to request a Return Material Authorization (RMA) number. Returns without an RMA are not allowed and upon issuance of an RMA, returns must be shipped within 30 days. A Customer who does not obtain an RMA will be responsible for any excess costs incurred. All products must maintain full lot traceability as shipped and products must be returned unused in the original AGI packaging, in new condition and with a copy of the original shipment’s paperwork. AGI has the right of refusal for products returned not meeting these requirements, and no credit will be issued. Where Products are returned for reasons other than an error by AGI or pursuant to a valid warranty claim, cancellation fees and a 15% restocking fee shall be charged. In addition, the customer will be responsible for freight charges returning to AGI, unless AGI is at fault.

INSPECTION All Products shall conclusively be deemed to conform to Customer’s order and be accepted by Customer unless rejected in writing within thirty (30) calendar days of invoice date. Such acceptance shall be conclusively deemed final, and Customer waives the right to revoke such acceptance for any reason. There shall be a permissible quantity variance of +/- 10% for all Products consisting of seals, packings, O-rings, and standard hardware. The sole remedy for any variance in the product quantity shall be a credit applied to Customer’s account for the amount of such variance.

DAMAGED GOODS In the event that a Product is damaged in transit due to AGI’s packaging, Customer must notify AGI within thirty (30) calendar days of invoice date and request a credit or replacement order. Photos of the damaged packaging must also be included with the request. AGI is not responsible for damage that occurs during shipment, unless the damage is due to AGI’s packaging not meeting the standards set forth above.

WARRANTY

All other Products sold to Customer are sold by AGI as a distributor and are subject to the warranty provided by the original equipment manufacturer (for new Products) and AGI agrees to assign to Customer any and all warranties applicable to any such Product from the manufacturer.

AGI’s sole obligation and Customer’s exclusive remedy for any breach of AGI’s warranty (as set forth above) will be the replacement or repair of the nonconforming Product; provided, however, if AGI determines that such repair or replacement is not commercially reasonable or feasible or such remedy fails its essential purpose, Customer’s exclusive alternate remedy and AGI’s sole obligation, will be the return to Customer of the purchase price paid to AGI by the Customer for the Product.

Under no circumstance shall AGI be liable under any warranty for any damages to the extent incurred during shipment (other than due to improper packing by AGI) and/or caused by normal wear and tear; misuse; abuse; storage or use in harsh conditions; installation or use inconsistent with the manufacturer’s instructions; and/or repair, overhaul or maintenance performed subsequent to delivery by any person or entity than AGI.

THE WARRANTIES REFERENCED HEREIN AND THE OBLIGATIONS AND LIABILITIES OF AGI THEREUNDER, ARE EXPRESSLY IN LIEU OF, AND THE CUSTOMER HEREBY WAIVES AND RELEASES AGI FROM ANY AND ALL OTHER WARRANTIES, AGREEMENTS, GUARANTEES, CONDITIONS, DUTIES, OBLIGATIONS, REMEDIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO AGREEMENT VARYING, ALTERING OR EXTENDING AGI’S LIABILITY HEREUNDER WILL BE BINDING ON AGI UNLESS IN WRITING AND SIGNED BY THE CUSTOMER’S AND AGI’S DULY AUTHORIZED REPRESENTATIVE.

INDEMNIFICATION Customer agrees to indemnify and hold harmless AGI and its employees, members, affiliates and agents against and from any and all claims, liabilities, losses, damages or expenses, including (without limitation) attorneys’ fees, resulting from or arising out of the ownership, use, possession or transfer of any Product by Customer or any other person after such Product is delivered to Customer, except to the extent prohibited by law and to the extent arising from AGI’s gross negligence or willful misconduct.

EXPORT RESTRICTIONS Customer agrees not to export or re-export any parts or technology received from AGI except in full compliance with all United States laws and regulations including the Export Administration Regulations and the International Traffic in Arms Regulations. In particular, such products may not be exported or re-exported to a national or resident of any country to which the United States embargoes goods without appropriate approvals or licenses, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. In addition, Customer is responsible for complying with any local laws in Customer’s country, which may impact Customer’s right to import, export, or use the parts. AGI reserves the right to require End-Use Statements for all orders.

Additional International Trade Law Requirements

 

The United States and other jurisdictions such as the E.U., U.K., Canada, and others impose a variety of export controls and sanctions (collectively, “International Trade Laws”). Beginning in 2022, these International Trade Laws have been expanded significantly against Russia and Belarus in response to Russia’s actions in Ukraine. In particular, the U.S. has increased the Russia/Belarus/Ukraine-related controls in its Export Administration Regulations (“EAR”) administered by the Bureau of Industry and Security (“BIS”) and various sanctions statutes, executive orders, and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and the U.S. Department of State.

By undertaking a transaction with Aero-Glen International, LLC, whether or not organized under the laws of the United States, Customer is certifying that it is fully compliant with all International Trade Laws, that Customer is not a sanctioned or denied party under any International Trade Laws, that no sanctioned or denied parties under any International Trade Laws hold an interest in Customer, and that Customer will not directly or indirectly re-export, sell, rent, lease, transfer, divert, or otherwise dispose of AGI’s products or services to any natural or legal person, entity, or body, in violation of any International Trade Laws, including the U.S. EAR, or any other laws and regulations applicable to Customer or any activities Customer undertakes relating to AGI’s products and services.

Customer also acknowledges that certain destinations are subject to comprehensive sanctions and that no AGI products may be shipped to those destinations (as of March 16, 2022 these destinations are Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People’s Republic, and Luhansk People’s Republic regions of Ukraine).

Customer specifically acknowledges that certain AGI products are subject to EAR prohibitions or licensing requirements imposed under the EAR if exported, reexported, or transferred to certain end-users or destinations. For example, under the EAR, certain items sold by AGI may not be re-exported to Russia or Belarus without a license and no AGI items provided as a part of this transaction may be sent to any “military end-users” (an EAR-defined term) in Russia or Belarus without a license.

On or about March 18, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) publicly identified certain commercial and private aircraft that have entered Russia on or after March 2, 2022, in likely violation of the Export Administration Regulations (“EAR”). The BIS’ press release (the “BIS Press Release”) is accessible here: https://www.bis.gov/press-release/commerce-identifies-aircraft-exported-russia-apparent-violation-export-administration-regulations-ear

The aircraft identified in the BIS Press Release (or any update thereto) shall be referred to as the “Offending Aircraft”. AGI Products may not be used to maintain or support any Offending Aircraft.

Any mill test certificates or other requirements arising pursuant to Council Regulation (EU) No 833/2014 (as amended, and including any similar regulation adopted by non-EU countries, the “Regulation”) related to sanctions on certain Russian iron or steel products (as identified in the Regulation) must be requested in writing at the time of ordering product and included in Customer’s purchase order. AGI reserves the right to reject or cancel any such order at any time without penalty should the requirement not be able to be satisfied on commercially reasonable terms (as determined in AGI’s discretion). Requirements under the Regulation may cause delivery delays outside of AGI’s control, which shall constitute excusable delays, and additional cost, which shall be the Customer’s responsibility. Customer is advised that mill test certificates, to the extent available, are not generally uniform in format or content. AGI makes no representation or warranty that mill test certificates or any other documentation provided will comply with the requirements of the Regulation and/or applicable customs office.

By engaging in a transaction with AGI, Customer is certifying it is Customer’s responsibility to be fully compliant with all International Trade Laws. AGI does not undertake an obligation to provide updates to Customer with respect to changes or new developments to International Trade Laws.

ANTI-CORRUPTION In connection with the purchase of Products from AGI, Customer agrees not, and agrees not to permit any of its subsidiaries or affiliates or any of its or their respective directors, officers, managers, employees, independent contractors, representatives or agents, to promise, authorize or make any payment to, or otherwise contribute any item of value to, directly or indirectly, to any third party, including any non-U.S. official, in each case, in violation of the Foreign Corrupt Practices Act of 1977 (the “FCPA”) or any other applicable anti-bribery or anti- corruption law.

FORCE MAJEURE AGI shall not be held liable if it is unable to perform due to an Excusable Delay (as defined below). An “Excusable Delay” includes any delay in AGI’s performance occasioned by causes beyond its reasonable control and not occasioned by its intentional acts or omissions, fault or negligence, including, without limitation, acts of God or public enemies, industrial or civil disturbances, war or threat of war, terrorist act or threat, power or telecommunication outage, strikes, boycotts, lockouts, labor disputes or shortages, material shortages, supply chain disruptions, embargoes, orders or other acts of any government or military (including, without limitation, the imposition of new or any increases to duties, taxes, tariffs or similar charges or the imposition of restrictions or requirements related to product or material origin, processing or composition that, individually or collectively, directly or indirectly, materially affect AGI’s ability to supply or AGI’s overall cost of supplying Products to Customer), inability to obtain import or export licenses or to import or export goods due to documentation requirements that cannot be satisfied in AGI’s ordinary course of business, fires, floods, severe weather, delays of common carriers, epidemics, pandemics, quarantine restrictions or other occurrences generally affecting the aerospace, shipping, manufacturing or financial industries. Any delay caused by AGI’s suppliers or vendors meeting the definition of “Excusable Delay” above, as applicable to that supplier or vendor, shall be considered an Excusable Delay for the purposes of this Agreement.

VENUE SELECTION/CHOICE OF LAW FOR U.S. CUSTOMERS. The purchase of Products by Customer from AGI shall be governed by the laws of the State of Delaware without regard to conflict of law principles. Customer consents to the exclusive jurisdiction of the state and federal courts of the state of Delaware, U.S.A., for determination of any claim or controversy between the parties and arising out of or relating to these terms and conditions of sale and/or the purchase of Products by Customer from AGI. In the event that AGI shall engage an attorney or commence an action against Customer arising out of facts and circumstances related to these terms and conditions of sale and/or the purchase of Products by Customer from AGI, including, but not limited to, Customer’s breach of any of its obligations hereunder, AGI shall be entitled to recover its reasonable attorney’s fees, costs, and other disbursements incurred in connection therewith.

ARBITRATION & CHOICE OF LAW FOR NON-U.S. CUSTOMERS. For any Customer not

located within the United States, any dispute arising out of or in connection with terms and conditions of sale and/or the sale of Products by AGI shall be referred to and finally resolved by arbitration under the International Chamber of Commerce Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be New York, New York, U.S. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of the State of New York without regard to its conflicts of laws principles. Judgment on the dispute shall be in writing with written findings of fact and shall be final and non-appealable. Notwithstanding the foregoing, either party may seek an injunction or other equitable relief from a court of competent jurisdiction without having to submit to Arbitration. In the event that AGI shall engage an attorney, commence an action against Customer for an injunction, or seek arbitration for a dispute with the Customer arising out of facts and circumstances related to these terms and conditions of sale and/or the sale of Products by AGI, including, but not limited to, Customer’s breach of any of its obligations hereunder, AGI shall be entitled to recover its reasonable attorney’s fees, costs, and other disbursements incurred in connection therewith.

NOTICES TO AGI Any notice to AGI shall be in writing and may be given to AGI only by personal delivery to an officer of AGI or by delivering a copy of such notice, addressed as follows, at AGI’s main office at the following address: AGI, 13751 Independence Parkway, Fort Worth, TX 76177, Attn: General Counsel. AGI may designate a different address for such notices to be given by giving written notice thereof to Customer.

EXCLUSIVITY OF REMEDY, LIMITATION OF LIABILITY In the event Customer claims that AGI has breached any of its obligations in connection with the purchase of Products by Customer from AGI, AGI may request the return of the Products and tender to the Customer the purchase price paid by Customer and AGI shall have no further obligations except to refund such purchase price. Customer may not exercise any right of set-off. THE REMEDIES PROVIDED FOR IN THIS PARAGRAPH SHALL CONSTITUTE THE SOLE RECOURSE OF CUSTOMER AGAINST AGI FOR CLAIMS RELATING TO THE SALE OR USE OF PRODUCTS, WHETHER THE CLAIM IS MADE IN TORT OR IN CONTRACT, INCLUDING CLAIMS BASED ON WARRANTY, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE. AGI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO PROPERTY, INCLUDING AIRCRAFT, LOSS OF USE OR LOSS OF PROFIT.

CONFIDENTIAL INFORMATION. Except with AGI’s prior written consent, Customer shall not use, duplicate or disclose any trade secret or other confidential information of AGI delivered or disclosed to Customer in connection with Customer’s purchase of the Products.

SUCCESSORS AND ASSIGNS. These terms and conditions of sale shall be binding upon the parties and their respective successors and assigns; provided, however, these terms and conditions of sale are not intended to confer rights against AGI to any person other than Customer.

NON-WAIVER. AGI’s failure to enforce any provision of the terms and conditions of sale or to protest any breach or default by Customer shall not be construed as a waiver of any Customer obligation or AGI right provided under these terms and conditions or applicable law. No right or remedy of AGI shall be deemed waived or released unless such waiver or release is in writing and signed by an authorized AGI officer.

ENTIRE AGREEMENT. THESE TERMS AND CONDITIONS OF SALE CONTAIN THE ENTIRE AND THE ONLY AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SALE OF THE PRODUCTS AND ANY RELATED SERVICES AND SUPERSEDES ANY ALLEGED RELATED REPRESENTATION, PROMISE OF CONDITION NOT SPECIFICALLY INCORPORATED HEREIN. THE PROVISIONS OF THIS AGREEMENT CANNOT BE CHANGED OR MODIFIED, EXCEPT BY A WRITTEN DOCUMENT SIGNED BY AGI.

Purchase Order Terms and Conditions

APPLICABILITY
Unless and to the extent that a separately negotiated contract executed between the parties is cited on the procuring party’s purchase order, the following terms and conditions of purchase are applicable to purchases made by Aero-Glen International LLC, (“Buyer”) from its vendors and/or suppliers (“Seller”).
ACCEPTANCE
This Purchase Order (Order) constitutes an offer by Buyer which is accepted by Seller solely in accordance with the terms set forth herein and on the face of the Order upon the earlier of Seller’s signing and returning the acknowledgment copy hereof or commencement of effort, or delivery in whole or in part of articles or the furnishing of service required herein. Seller shall acknowledge the Order within ten (10) days of the date of the Order. In the event Seller fails to acknowledge, accept or reject an Order within such time, the Order shall be deemed accepted.
CHANGES
Buyer may at any time by a written order make changes within the general scope of this Order in any one or more of the following: (i) drawings, designs, or specification; (ii) method of shipping or packing; (iii) place or time of delivery; and (iv) quantity. Seller shall proceed immediately to perform this Order as changed. If any such changes caused an increase or decrease in the cost or the time required for the performance of this Order, an adequate adjustment shall be made in the price or delivery schedule, or both and this Order shall be modified in writing accordingly. Any claim for adjustment under this provision must be submitted in writing within 20 days from the date the change is ordered together with cost or pricing data sufficient to permit evaluation of such claim. Failure of the parties to agree upon any adjustment to be made under this clause shall not excuse Seller from proceeding with the Order as changed, or as directed by an authorized representative of Buyer’s Purchasing Department.
DELIVERY
Seller agrees to deliver acceptable parts in strict conformance to the delivery schedule as it appears on the face of this Order, and agrees that Buyer may return at Seller’s expense and risk all material shipped otherwise. If at any time Seller has reason to believe that deliveries will not be made as scheduled, Seller shall immediately give Buyer written notice setting forth the causes of the anticipated delay. Such
notice shall not be construed as a waiver by Buyer of any of its rights that may exist at law or under this Order. If Seller fails to make shipment in accordance with the time specified in the Order, Buyer may (refuse any Goods and cancel this Order, in whole or in part, and any advance payments made to Seller shall be returned to Buyer within five (5) calendar days after such cancellation. In addition to any other rights and remedies that Buyer may have, in the event of Seller’s failure to make timely shipment under this Clause or failure to meet any other delivery obligation, Seller shall be responsible for all shipping costs and expenses incurred with respect to such failure, including the costs of expediting shipment with respect to late deliveries. Seller shall suitably pack Goods to insure against damage from weather and transportation and to secure lowest transportation costs and to conform to the requirements of common carriers and any applicable specifications. Buyer may specify the routing of any shipment, but if not specified, Seller shall route shipments to achieve the lowest freight rate. Each notice of shipment shall be delivered to Buyer immediately upon shipment and shall reflect any car number, routing, and any other shipment information. Seller shall not manufacture or order materials in advance of Seller’s required flow time or deliver any materials in advance of schedule set forth in this Order without Buyer’s written permission. Seller agrees to notify Buyer in writing of any potential delay in schedule. Material delivered under this Order in excess of the amount ordered herein shall be returned to Seller or retained by buyer at no cost to Buyer. Time is of the essence in performance of this Order by Seller.
TERMINATION
Buyer may terminate the order in whole or in part for Seller’s default without liability to Buyer: (i) if deliveries are not made at the time or in the quantities specified; (ii) in the event of a breach of applicable specification requirements or any of the other terms or conditions hereof; or (iii) in the event of the institution of any proceedings by or against Seller in bankruptcy or insolvency under any provisions of the Bankruptcy Act or for the appointment of a receiver or trustee or any assignment for the benefit of creditor.
WARRANTY
Seller warrants to Buyer and Customers that the Goods shall: (i) conform in all respects to all of the requirements of this Order; (ii) be free from all defects in materials and workmanship; (iii) to the extent not manufactured pursuant to detailed designs furnished by Buyer, be free from all defects in design and fit for the intended purposes; (iv) not be adulterated or misbranded; (v) be free of any liens, claims and encumbrances; and (vi) comply with all applicable laws, rules and regulations including, without limitation, the Occupational Safety and Health Act and the Toxic Substance Control Act. Seller will further warrant and ensure that any services to be provided under this Order shall be performed in a fully workmanlike manner to Buyer’s satisfaction and in accordance with all industry standards. Seller represents and warrants that all hazardous or potentially hazardous Goods will be contained, packaged,
labeled and shipped in accordance with all applicable laws, rules and regulations and that Seller will furnish Buyer with all information as is reasonably necessary, including, but not limited to, all completed Material Safety Data Sheets (U.S. Department of Labor Form LSB-OOS-41) or Seller’s equivalent form, to assist Buyer in using, handling, storing and distributing such Goods in compliance with the aforesaid laws, rules and regulations. If any Goods fail to satisfy any of the foregoing warranties, Seller will promptly, at Buyer’s election, (i) repair such Goods to correct the defect; (ii) replace the defective Goods at no additional cost to Buyer; or (iii) accept return of the Goods and issue a refund equal to the purchase price of the defective Goods.
THIRD PARTY WARRANTIES
If any Goods, in whole or in part, furnished hereunder contain one or more manufacturer’s warranties, Seller hereby assigns such warranties to Buyer and Buyer’s customers. Buyer may pass through any and all of the agreements, covenants, representations and warranties made by Seller in this Order to Buyer’s customers as well as any claims arising out of or related to the inaccuracy or breach of any such agreements, covenants, representations and warranties. Buyer’s customers are intended third party beneficiaries of the agreements, covenants, representations, and warranties made by Seller in this Order.
QUALITY MANAGEMENT SYSTEM
For Manufacturers, a quality management system in compliance with AS9100, ISO9001 or equivalent is required. For Distributors, a quality system in compliance with AS9120 or equivalent is required.
It is required that each supplier can meet all of the requirements specified in AS9100 8.4.3 if a manufacturer or AS9120 8.4.3 if a distributor.
CERTIFICATE OF CONFORMANCE
Supplier shall submit with each shipment a certificate of conformance stating products shipped are in compliance with PO requirements and all applicable drawings & specifications. The certificate shall include P.O. number, part number with revision level, quantity, lot/batch number, serial number (where applicable), cure date/lube date (where applicable), and be signed by an Authorized Company Representative including title. All certification must be clearly legible. Poor copies may result in rejection of order at seller’s expense. Unless agreed in writing by Buyer, when the supplier is not the Manufacturer, the Manufacturer’s Certificate of Compliance is required, together with certification from any intervening distributor. Material Safety Data Sheets: with any delivery of hazardous material, supplier shall provide the current edition of the Material Safety Data Sheet (“MSDS”) published by the manufacturer.
INVOICING AND PAYMENT
A separate invoice shall be issued to the Buyer for each shipment made by Seller. Unless otherwise specified in this Order, an invoice shall not be issued prior to shipment of items and payment will not be made prior to receipt of items and correct invoice. Credit and discount periods will be computed from the date of receipt of the correct invoice to the date Buyer’s check is mailed. Rejections, delivery delays, and Seller’s errors and omissions shall be cause for withholding payment, and Buyer shall not thereby lose any cash discount privilege. Buyer’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Buyer’s count or weight shall be final and conclusive on shipments not accompanied by a packing list.
LIMITATIONS OF LIABILITY
Notwithstanding any other provision of this Order, Buyer’s maximum liability to the Seller shall not exceed the purchase price of this Order. Seller shall not be entitled to any lost profits or incidental, special, punitive, indirect, or consequential damages if Buyer breaches or otherwise fails to perform any obligations under this order, whether from breach of contract, breach of warranty, or from negligence, strict liability or any other form of action. Nothing in this order shall limit or exclude liability of a party for (a) Fraud; (b) for death or personal injury caused by negligence; or (c) for Seller’s indemnity obligations as set out in this clause. Seller shall defend, indemnify, and hold harmless Buyer and its affiliates, and its and their respective officers, directors, employees, customers and agents and successors and assigns of each of the foregoing from and against any and all losses, damages, deficiencies, awards, assessments, judgments, fines, penalties, costs, injuries, settlements, liabilities and expenses (including consequential damages and reasonable legal, accounting, expert, consulting and investigative fees, costs and expenses)
incurred in connection with any claim, cause of action, demand, suit, or proceeding: (a) alleging that any Goods infringe or misappropriate any patent, copyright, trademark, trade secret, or other intellectual property right belonging to such third party; (b) arising from or related to a breach of warranty; (c) arising from or related to property damage, personal injury or death caused by Seller’s acts or omissions or breach of this Order, or (d) arising from Seller’s failure to comply with applicable laws or regulations.
ENTIRE AGREEMENT
This Order sets forth the entire agreement, and supersedes any and all other agreements, understandings and communications between Buyer and Seller and related to the subject matter of this Order. No amendment or modification of this Order shall be binding upon Buyer unless set forth in a written instrument signed by Buyer’s Material Representative. The rights and remedies afforded to Buyer or Customers pursuant to any provision of this Order are in addition to any other rights and remedies afforded by any other provision of this Order, by law or otherwise.
FORCE MAJEURE
Neither Party shall be liable to the other as a result of any delay or failure to perform its obligations under this Order if and to the extent such delay or failure is caused by an act of God, fire, flood, war, acts of terrorism, riot, civil commotion, governmental actions (including regulatory change), and any similar events beyond the reasonable control of the non-performing Party (“Force Majeure Event”) and the Party affected by the Force Majeure Event could not have prevented the delay or failure by using reasonable precautions and as soon as reasonably practicable after becoming aware gives notice of the Force Majeure Event. Any party who is delayed in or prevented from performing because of the occurrence of a Force Majeure Event shall promptly notify the other party of the occurrence of such Force Majeure Event and the length of the anticipated delay. In addition, Seller shall notify Buyer of any event, condition or circumstance that could potentially result in the occurrence of a Force Majeure Event. During the term
of any Force Majeure Event affecting Seller’s ability to supply the Goods in accordance with the Order, Buyer may purchase Goods ordered under this Order from other source(s) and, at Buyer’s option, the quantities of the Goods so purchased shall be deducted from the quantities of Goods covered by the
Order or delivered to Buyer after the Force Majeure Event is completed.
APPLICABLE LAW AND DISPUTES
Any dispute arising under or related to this order shall be governed by the law of the state appearing in Buyer’s address on the face hereof. However, if this Order is placed under a government prime or higher tier contract, the Federal Law of Government Contract as enumerated and applied by the Federal courts and the Agency Boards of Contract Appeals shall apply pending the resolution of any disputes. Seller shall proceed as directed by Buyer.
COMPLIANCE WITH FEDERAL STATE AND LOCAL LAWS
Seller has complied with and shall comply with all applicable Federal, State, and Local laws and ordinances and all order, rules and regulations hereunder. Seller shall save and hold Buyer harmless from and reimburse it for, any and all costs, damages and expenses (including attorney’s fees) suffered or occasioned to it through any failure of Seller to comply with any laws, orders, rules, regulations or ordinances.
PRODUCT AVAILABILITY
Inventory availability is subject to change at any time prior to acceptance of the order by Aero-Glen International. If for any reason material is not available for shipment, customer will be notified.
RETURNS
Buyer must contact its inside salesperson on all returns. Buyer may not return products that are used, altered, not in original packaging, have static seals broken, have become expired, dropped below their minimum shelf life requirement, spoiled, or are not in an as-shipped condition. All requests for returns must occur within 60 days of receipt of product, after which all sales are final. If Seller issues a RMA and the Buyer does not return product within 60 days from the time issued, the RMA will be voided. If Seller reasonably determines that rejection was not acceptable or legitimate, Buyer will pay all expenses relating to the improper rejection. Buyer will comply with Seller’s return material authorization policies and will ship returned items to Seller, ensuring shipment is reasonably and securely packaged to prevent damage during transit.
RIGHT OF ENTRY
Unless otherwise stated on the purchase order the supplier shall allow right of entry by Aero-Glen, Aero-Glen’s customer, and regulatory authorities to all facilities involved in the order and to all applicable records.
RECORDS RETENTION AND TRACEABILITY
All goods provided must have full traceability to manufacturer kept and producible to Aero-Glen within 2 business days upon request. A unique lot/control number assigned by the manufacturer to the production lot provided that is traceable to all raw materials, processing and testing results is mandatory. Co-mingled lots will be rejected. Product inspection records, test reports and other documentation indicating conformance to Buyer’s purchase order must be kept for 10 years in a location where records are attainable and safe from deterioration.
COUNTERFEIT PARTS PROTECTION PLAN (CPPP)
(a) By Seller’s acceptance of this Order, Seller acknowledges its obligations represents and warrants that the Goods to be delivered hereunder shall: (i) be and only contain materials obtained directly from the Original Component Manufacturer (OCM) or the Original Equipment Manufacturer (OEM), (collectively, the Original Manufacturer (OM)) or an authorized OM reseller or distributor; (ii) not be or contain Counterfeit Goods or Suspect Counterfeit Goods, as defined below; and (iii) contain only authentic, unaltered OM labels and other markings. Further, Seller shall notify Buyer in writing immediately in the event that any material to be delivered cannot be procured in accordance with this requirement and Seller must obtain Buyer’s prior written authorization if an alternate source is required and for any deviation from the counterfeit risk mitigation requirements applicable to this Order. Seller shall obtain and retain all documentation required to fully trace the distribution and sale of the Goods delivered hereunder back to the relevant OM, and, on request of Buyer, shall provide such authenticating documentation.(b) A Counterfeit Good means an unlawful or unauthorized reproduction, substitution, alteration, or the false identification of grade, serial number, lot number, date code, or performance characteristic, that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified product from the OM, an Authorized Distributor, or an Authorized Aftermarket Manufacturer. A Suspect Counterfeit Good means a product for which credible evidence (including, but not limited to, visual inspection or testing) provides reasonable doubt that the product is authentic.

(c) In the event that Goods delivered under this Order are, or include, Counterfeit Goods, Seller shall, at its expense, promptly replace such Counterfeit Goods with genuine Goods conforming to the requirements of this Order. Notwithstanding any other provision in this Order, Seller shall be liable for all costs relating to the removal and replacement of Counterfeit Goods including, without limitation, Buyer’s costs of removing Counterfeit Goods, installing replacement Goods and any testing necessitated by the reinstallation of Goods after Counterfeit Goods have been replaced. The remedies contained in this paragraph are in addition to any remedies Buyer may have at law, equity or under other provisions of this Order.

(d) Seller shall include the substance of this clause in any agreement between Seller and Seller’s lower tier subcontractors, including in any agreement between Seller and Seller’s Broker, and Seller shall cause Seller’s lower tier subcontractors and Seller’s Broker to include the substance of this clause in all agreements with any of their lower tier subcontractors.

(e) Seller must maintain a Counterfeit Parts Protection Plan containing all elements of AS5553 paragraphs 4.11 through paragraph 4.17 and all elements of AS6174 paragraphs 3.1 through 3.1.7. All CPPP prevention requirements must be flowed down to their sub-tier suppliers throughout the supply chain.
FOREIGN OBJECT DEBRIS (FOD) PREVENTION PLAN
Seller must maintain a FOD plan to prevent Foreign Object and Debris in parts sent to Aero-Glen International, in accordance with NAS412 standard. All FOD prevention requirements must be flowed down to their sub-tier suppliers throughout the supply chain.

CYBER-SECURITY
To the extent seller is subject to NIST SP 800-171 Security Requirements in accordance with DFARS 252.204-7012, seller must provide adequate security on all covered contractor information systems in accordance with NIST SP 800-171 or the current equivalent industry standard, i.e. Cybersecurity Maturity Model Certification (CMMC) to protect controlled technical information, covered defense information and all other forms of Controlled Unclassified Information (CUI) that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies.

To the extent seller is subject to NIST SP 800-171 Security Requirements in accordance with DFARS 252.204-7012, in the event of a cyber incident, seller must report the cyber incident to DoD as specified per DFARS 252.204-7012, seller will also notify Aero-Glen International LLC of the incident as soon as practicable and include the incident number as assigned by DoD.

See DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING, Interim rule DFARS Case 2019-D041 which includes DFARS 252.204-7019, Notice of NIST SP800-171 DoD Assessment Requirements, DFARS 252.204-7020, NIST SP800-171 Assessment Requirements, DFARS 252.204-7021, Cybersecurity Maturity Model Certification (CMMC) Requirements.

Seller represents that it has (1) completed within the last 3 years and will maintain at least a current basic NIST SP 800-171 DoD assessment for the covered contractor information systems related to its business with Aero-Glen International LLC., that are not part of an information technology service or system operated on behalf of the government and (2) submitted or will submit to the government for posting to the USG’s Supplier Performance Risk System (SPRS), the information required by paragraph (D) of DFARS 252.204-7020 prior to accepting this order from Aero-Glen International LLC.

ENVIRONMENT, HEALTH AND SAFETY
Seller represents and warrants that all hazardous or potentially hazardous goods will be contained,
packaged, labeled and shipped in accordance with all applicable laws, rules and regulations and that Seller will furnish Buyer with all information as is reasonably necessary, including, but not limited to, a fully compliant Safety Data Sheet (“SDS”) for every country or region specified by Buyer. For avoidance of doubt, the foregoing sentence means that if the Buyer specifies the United States and the United Kingdom, then Seller must furnish two SDSs – one that fully complies with the Hazard Communication Standard at 29 C.F.R. 1910.1200, as amended by the U.S. Occupational Safety and Health Administration in 2012 (“HCS 2012”) and one that fully complies with Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures (CLP) implemented the GHS via amendments to Annex II of REACH (and any amendments thereof implemented by the United Kingdom. In addition to the SDS (or SDSs), Seller shall provide other information reasonably necessary to assist Buyer in processing, using,
handling, storing, distributing, or disposing of such goods in compliance with all applicable laws, rules and regulations. Consistent with the foregoing obligation, Seller commits to providing Buyer, in a timely fashion, with information pertaining to all potential environmental, health and safety (EHS) aspects related to the Goods or services subject of the Order. Seller will comply with all applicable laws and regulations concerning EHS aspects of its activities in providing goods or services to Buyer, including regulations
promulgated both inside and outside its own country. Such regulations may include, but are not limited to:

(a) Hazard Communication. As a distributor, Buyer is dependent upon its suppliers to provide Buyer with a SDS that complies with HCS 2012 and to ship Buyer goods bearing an HCS 2012- compliant label.

(b) European Commission (EC) Regulation 1907/2006 on the Registration, Evaluation, Authorization and Restriction of Chemicals (“REACH”). REACH imposes various requirements, including when a substance
on the Candidate List of Substances of Very High Concern (“CLS”) is present in an “article.” As a supplier to Buyer, you are obligated to ensure, if any of the Goods or components of such Goods you supply to us qualify as an “article” under REACH, either that such article contains less than 0.1% by weight of any
CLS, or that you communicate to us the identity of each CLS present at 0.1% or greater. The CLS has been published by the European Chemicals Agency (ECHA) at: http://www.echa.europa.eu/chem_data/candidate_list_table_en.asp. In making the 0.1% determination, Buyer expects you to adhere to ECHA’s “Guidance on requirements for substances in articles” issued June 2017 (version 4.0), available at: https://echa.europa.eu/documents/10162/23036412/articles_en.pdf unless
and until ECHA modifies this Guidance.

(c) Toxic Substances Control Act of 1976, as amended by the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (“TSCA”). When supplying Goods which are or contain chemical substances, Seller
guarantees that, at the time of the sale and Buyer’s receipt, all such chemical substances are either (i) listed correctly on the Chemical Substance Inventory maintained by the U.S. Environmental Protection Agency, and therefore, are not considered “new” substances subject to the TSCA Section 5 premanufacture notification obligation or (ii) covered by an exemption from Chemical Substance Inventory and TSCA Section 5 premanufacture notification obligation of which Seller shall notify Buyer and provide supporting documentation. In addition, Seller shall inform Buyer in advance of any TSCA obligations known to it governing the processing, use, handling, distribution or disposal of any Goods it supplies to Buyer which are or contain chemical substances, including, but not limited to, any proposed or final “Significant New Use Rule.”

(d) Conflict Minerals. In accordance with provisions of Dodd Frank, the U.S. Securities and Exchange Commission (SEC) adopted a disclosure rule requiring certain disclosures by public companies if any Goods they manufacture or contract to manufacture contain “Conflict Minerals” (as defined in Dodd-Frank) that are necessary to the functionality or production of those Goods. Although this rule has been caught up in litigation, the SEC’s 2014 guidance continues to apply and require disclosure. See https://www.sec.gov/News/PublicStmt/Detail/PublicStmt/137054168 1994. It is the responsibility of Seller to remain informed of developments compliant with its Conflict Minerals disclosure obligations. Irrespective of disclosure obligations, Seller shall supply Buyer with “Conflict Free” material, meaning either: (i) any gold, columbite-tantalite (also known as coltan), cassiterite, wolframite, or their derivatives tin, tantalum or tungsten (collectively “3T&G”) necessary to the functionality or production of supplied
materials must not directly or indirectly fund armed groups in the Democratic Republic of Congo or adjoining countries, or (ii) any 3T&G in supplied materials must be from recycled or scrap sources.

(e) Electronic and Electrical Equipment. Seller agrees to comply at all times with the requirements of the Waste Electrical and Electronic Equipment Directive 2002/96/EC and Restriction of Hazardous Substances Directive 2002/95/EC adopted by the European Union as well as any national laws implementing these directives and shall take back supplied electric and electronic Goods at the end of their life time according to these rules.

CONDITIONS APPLICABLE TO ORDERS PLACED UNDER UNITED STATES GOVERNMENT CONTRACTS
If this order is placed under a United States government contract, or a subcontract under any United States Government contract, the following conditions are applicable:

  1. The following clauses of the Federal Acquisition Regulation (FAR) and the Department of Defense FAR Supplement (DFARSUP) or National Aeronautics and Space Administration Supplement (NFARSUP), as applicable, are hereby incorporated by reference. However, whenever any clause includes a requirement for the settlement of disputes between the parties in accordance with the “Disputes” clause, the dispute shall be disposed of in accordance with Article 3., entitled “Applicable Law and Disputes”. Clauses referenced below shall be those in effect on the effective date of this Order. If there is a conflict or addition to a clause in effect on the effective date of this Order and a clause of the Prime Contract, the Prime Contract clause shall govern. Wherever necessary to make the context of the clauses set forth below applicable to this Order, the term “Contractor “ shall mean seller, the term “Contract” shall mean this Order, and the terms “Government”, “Contracting Officer” and equivalent phrases shall mean Buyer, except the terms “Government”, and “Contracting Officer” do not change: (1) In the phrases “Government Property”, “Government-Owned Property”, “Government Equipment”; (2) When a right , act, authorization or obligation can be granted or performed only by the Government or the prime contact Contracting Officer or his duly authorized representative; (3) When title to property is to be transferred directly to the Government; (4) Where specifically modified as set forth below; and (5) in FAR’s 52-210-7, 52-214-2,52-215-2, 52.227-2, 52.246-23. The clauses incorporated herein by reference have the same force and effect as if they were incorporated and attached in full text.

FAR REFERENCE:

  1. ) 52.203-3 Gratuities
  2. ) 52.203-6 Restrictions on Subcontractor Sales
  3. ) 52.203-7 Anti-Kickback Procedures
  4. ) 52.203‐11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Applicable to solicitations and contracts exceeding $150,000)
  5. ) 52.203-12 Limitation on Payment to Influence Certain Federal Transactions
  6. ) 52.203-13 Contractor Code of Business Ethics and Conduct
  7. ) 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009
  8. ) 52.204-2 Security Requirements
  9. ) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems
  10. ) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
  11. ) 52.204-26 Covered Telecommunications Equipment or Services-Representation
  12. ) 52.209‐5 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters
  13. ) 52.209-6 Protecting The Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
  14. ) 52.211-5 Material Requirements
  15. ) 52.211-15 Defense Priority and Allocation Requirements
  16. ) 52.215-2 Audit & Records – Negotiation
  17. ) 52.215-10 Price Reduction for Defective Cost or Pricing Data
  18. ) 52.215-11 Price Reduction for Defective Cost or Pricing Data – Modifications
  19. ) 52.215-12 Subcontractor Cost or Pricing Data
  20. ) 52.215-13 Subcontractor Cost or Pricing Data Modifications
  21. ) 52.215-14 Integrity of Unit Prices & Alternate I
  22. ) 52.215-15 Pension Adjustments and Asset Reversions
  23. ) 52.215-18 Reversion or Adjustment of Plans for Post Retirement Benefits Other than Pensions (PRB)
  24. ) 52.215-19 Notification of Ownership Changes
  25. ) 52.215‐20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) (Note 2 applies.)
  26. ) 52.215‐21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA ‐ MODIFICATIONS (OCT 2010) (Note 2 applies.)
  27. ) 52.219-8 Utilization of Small Business Concerns
  28. ) 52.222-4 Contract Work Hours and Standards Act -Overtime Compensation
  29. ) 52.222-20 Walsh-Healey Public Contract Act
  30. ) 52.222-21 Prohibition of Segregated Facilities
  31. ) 52.222‐22 Previous Contracts and Compliance Reports
  32. ) 52.222‐25 Affirmative Action Compliance
  33. ) 52.222-26 Equal Opportunity
  34. ) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans
  35. ) 52.222-36 Affirmative Action for Workers with Disabilities
  36. ) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans
  37. ) 52.222‐40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (Applies if this Contract exceeds $10,000.)
  38. ) 52.223‐11 OZONE‐DEPLETING SUBSTANCES (MAY 2001) (Applies if the Work was manufactured with or contains ozone depleting substances.)
  39. ) 52.223-14 Toxic Chemical Release Reporting
  40. ) 52.225‐1 BUY AMERICAN ACT ‐‐ SUPPLIES (Applies if the Work contains other than domestic components. Note 2 applies to the first time “Contracting Officer” is mentioned in paragraph (c).)
  41. ) 52.225‐5 TRADE AGREEMENTS (AUG 2009) (Applies if the Work contains other than U.S. made or designated country end products as specified in the clause.)
  42. ) 52.225-8 Duty Free Entry
  43. ) 52.225-13 Restrictions on Certain Foreign Purchases
  44. ) 52.227-1 Authorization and Consent
  45. ) 52.227-9 Refund of Royalties
  46. ) 52.227-11 Patent Rights – Retention by the Contractor (Short Form)
  47. ) 52.227-12 Patent Rights -Retention by the Contractor (Long Form)
  48. ) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors
  49. ) 52.236-13 Accident Prevention
  50. ) 52.242-15 Bankruptcy
  51. ) 52.242-15 Stop Work Order
  52. ) 52.244‐6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2009)
  53. ) 52.245-17 Special Tooling
  54. ) 52.245-18 Special Test Equipment

DFARS REFERENCE:

  1. ) 252.203-7001 Prohibition on persons Convicted of Fraud or Other Defense Contract Relate Felonies
  2. ) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
  3. ) 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation
  4. ) 252.204-7019 Notice of NIST SP800-171 DoD Assessment Requirements
  5. ) 252.204-7020 NIST SP800-171 Assessment Requirements
  6. ) 252.204-7021 Cybersecurity Maturity Model Certification (CMMC) Requirements
  7. ) 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals
  8. ) 252.225-7001 Buy American Act and Balance of Payments Program
  9. ) 252.225-7014 Preference for Domestic Specialty Metals & Alternate 1
  10. ) 252.225-7016 Restriction on Acquisition of and Roller Bearings
  11. ) 252.225-7025 Restriction on Acquisition of Forgings
  12. ) 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
  13. ) 252.227-7013 Rights in Technical Data -Noncommercial Items
  14. ) 252.236-7013 Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers
  15. ) 252.239-7009 Representation of Use of Cloud Computing
  16. ) 252.239-7010 Cloud Computing Services
  17. ) 252.244-7001 Contractor Purchasing System Administration
  18. ) 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System
  19. ) 252.247-7023 Transportation of Supplies by Sea
  20. ) 252.247-7024 Notification of Transportation of Supplies by Sea

13751 Independence Pkwy
Fort Worth, TX 76177

Tel: +1 817-328-6600
Fax: +1 972-456-1015
sales@aeroglen.com