This purchase order constitutes an offer by Buyer to Vendor upon the terms and conditions stated herein and in the body of the order and shall becomes binding contract upon acceptance thereof either by acceptance in writing or commencement of performance pursuant to this purchase order. No revisions to this order shall be valid unless in writing and signed by an authorized representative of Buyer; and no condition, stated by Vendor in the written acceptance of the purchase order shall be binding upon Buyer unless expressly accepted in writing by Buyer. Buyer accepts liability only for purchases of goods and services made through the Purchasing Office and evidenced by a Purchase Order.

Shipments must equal exact amounts ordered unless otherwise agreed by Buyer. Buyer reserves the right to reject any and all goods shipped in excess of those specified and to return such goods to Vendor at the risk and expense of Vendor, including transportation and handling costs.

The Seller warrants that the prices charged herein are not in excess of prices charged to any other customer for like or similar quantities. Unless otherwise indicated on the face of this Purchase Order, the prices include all Federal, State and any local taxes and duties. .

Vendor shall be responsible for loss of goods purchased hereunder until such goods are all delivered to the address designated on the purchase order, unloaded, inspected, and receipt acknowledged by an authorized representative of Buyer

During performance of Buyer purchase order, Capy Machine Shop Inc., its customers and/or Regulatory Authorities have the right of entry in any and all facilities to verify quality records and material related to the product. This verification does not absolve the supplier of the responsibility of supplying acceptable products to Capy Machine Shop inc., nor does it preclude possible product rejection at some later date.

Vendor shall not assign this purchase order, or any part thereof, or delegate any performance hereunder, without the prior written consent of Buyer and Vendor shall not be relieved of any liability under this purchase order by reason of any such assignment or delegation. All Capy Machine Shop Inc.’s suppliers are required to flow down to any sub tier suppliers the applicable requirements in the purchasing documents; including key characteristics where required.

Delivery of the goods shall be made to such location as Buyer has indicated in the Purchase Order. Supplier will notify Buyer about the estimated delivery date after receipt of the order by a written order acknowledgement. In the absence of such written confirmation the Supplier agrees to the terms of the Purchase Order. In case of any delay in delivery Supplier will inform the Buyer immediately about the delay and the new delivery date. The Buyer will then notify Supplier of its acceptance or cancellation (free of charge) of the respective order. The same applies in cases where Supplier is only able to part deliver. Buyer shall be entitled to recover damages from Supplier for any loss caused as a result of Supplier’s failure to deliver the goods and/or as a result of the cancellation of the whole or part of the Contract.

Damage to any merchandise not packed to insure proper protection, if accepted by Buyer, will be charged to the Seller. Seller shall enclose with each box, package or container, a shipping notice showing the contents, the name of Seller and the purchaser order number.

Damage to any merchandise not packed to insure proper protection, if accepted by Buyer, will be charged to the Seller. Seller shall enclose with each box, package or container, a shipping notice showing the contents, the name of Seller and the purchaser order number.

WARRANTY: Unless otherwise agreed to in writing by the parties Seller warrants that articles ordered to specifications will conform thereto and to any drawing, samples or other description furnished or adopted by Buyer, or if not ordered to specifications will be fit and sufficient for the purpose intended and that all articles will be merchantable of good material and workmanship, and free from defect. Such warranties, together will Seller’s service warranties and guarantees, if any, shall survive inspection, test, acceptance of and payment for the articles and shall run to Buyer its successors assigns and customers. Buyer may at its options, either return for credit or refund or require prompt correction or replacement of defective or nonconforming article or part thereof. Return to Seller of any defective or nonconforming article and delivery to Buyer of any corrected or replaced articles shall be at Seller’s expense. Defective or nonconforming articles shall not be corrected or replaced unless otherwise specified on Buyer’s written order. Articles required to be corrected or replaced shall be subject to the provisions of this clause and the class hereof entitled “inspection” in the same manner and to the same extent as articles originally delivered under this contract, buy only as to the corrected or replaced parts or parts thereof. The seller will pay the cost of the Buyer’s material which may get damaged by any defective workmanship by the Seller. Where the Seller delivers material not in accordance with warranty contained herein, the Buyer shall have the option of canceling this Purchase Order either in whole or in part. If in the opinion of the buyer, the non-compliance of the Seller may retard the Buyer’s production schedule. The buyer may take all necessary steps in order to maintain production.

to all applicable specifications are required with each shipment. All certifications are to be legible and signed by an authorized representative of the company. Supplier shall notify CMS of any changes in product, process definition and non-conformances, and where required, obtain CMS approval. Notification shall be made by e-mail or fax to the CMS Quality Department at jhudson@capymachine.com or fax to 631-694-6927.

Seller shall not use Buyer’s property for the production of any goods or products not specifically authorized by Buyer. All tools, articles or property furnished by the Buyer to the Seller, including tools made by the Seller for the buyer’s account to process the material covered by this Purchase Order shall be retained and utilized by the Seller at the Seller’s risk subject to the Buyer’s examination and return to the Buyer on demand at the Seller’s expense in as good condition as received, ordinary wear and tear expected, and shall be kept segregated and clearly marked by the Seller as the property of the Buyer, or, if so instructed by the Buyer, as the property of the Government.
Data, drawings, specifications or other technical information furnished directly or indirectly, in writing or otherwise, to Seller by Buyer pursuant to this Purchase Order shall in no event become the property of Seller and shall be used only in fulfilling the obligations imposed by this Purchase Order and for no other purpose and shall not be duplicated or disclosed to others.

Supplier shall comply with either ISO9001:2000, AS9100, ISO9002 or AS9003. MIL-I-45208 is permitted .

All Capy Machine Shop’s suppliers must carry “Property of Others” coverage in the amount of the fair market value of any material and/or tools furnished by Buyer to Seller. All such insurance shall be placed with reputable companies and Seller shall furnish Certificates of Insurance to Buyer. All such insurance shall include a clause providing that insurance shall not be canceled or modified on less than thirty (30) days’ prior written notice to Buyer. Acceptance of CMS products in vendor’s custody and control places full responsibility for damage, theft, or destruction of these goods solely on vendor.

This purchase order may be cancelled in writing without further liability to Capy Machine Shop Inc if CMS declares the vendor in breach due to poor performance.

Seller shall not disclose any confidential information of Buyer to any third party except as required to perform its obligations hereunder. The terms and existence of this purchase order and everything supplied in connection with it by Buyer shall be held in confidence by Seller. Seller shall not publicly announce or disclose this purchase order or its contents without Buyer's prior written consent. Seller shall not use Buyer's name in any way, including without limitation, a general or sample listing of Seller's customers, without Buyer's prior written consent. Any violation of this paragraph shall be deemed a material breach