Terms & Conditions
MSI DEFENSE SOLUTIONS, LLC – TERMS AND CONDITIONS OF PURCHASE
MSI DEFENSE SOLUTIONS STANDARD AND SUPPLEMENTAL TERMS AND CONDITIONS SET FORTH ON THIS PURCHASE ORDER APPLY AND SUPERSEDE ALL OTHER TERMS AND CONDITIONS.
You are hereby notified that no person from any other department, unit or location, within MSI Defense Solutions has the authority to alter the agreed upon contractual obligations set forth in this purchase order. When technical information is required, you may be referred to the subject matter expert at the Buyer’s discretion. However, all contractual questions, changes and/or direction will be authorized in writing by the Buyer. Any changes enacted outside this method will be undertaken at the supplier’s risk.
INVOICES FOR POs: Submit invoices to “MSI Defense Solutions, LLC, PO BOX 5506, Mooresville, NC 28117, Attention: Accounts Payable” or by email to accounting@msidefense.com. A separate invoice is required for each Purchase Order (PO) delivery and each Invoice shall contain invoice number, PO number, MSI Part numbers and period of performance.
PURCHASE ORDER NUMBER: Show on all packages, invoices, shipping bills, etc.
TAX EXEMPT: MSI is currently exempt from sales tax on items delivered to or taxable services. Tax ID Number 26-0230946. Vendors should note that sales tax on such purchase orders should not be paid. An exemption certificate will be provided upon request.
ACKNOWLEDGEMENT: Seller has read and understands the Purchase Order and must acknowledge receipt of such Purchase Order within 48 hours of issuance. Additionally, in the event the Purchase Order is DPAS rated, Seller shall comply with the terms:
- Rated Order Contract. The Purchase Order may contain rated order quantities certified for national defense use. Seller shall follow all provisions of the Defense Priorities and Allocation System (DPAS) regulation 15 CFR 700 as it pertains the rated quantities. Rated quantities will be specifically identified within the Purchase Order. Seller is required to comply with acceptance/rejection guidelines and requirements set forth in 15 CFR 700.13(d). Specifically, Seller must (a) accept a DX rated Purchase Order within ten (10) business days after receipt of the DX rated Purchase Order or (b) accept a DO rated Purchase Order within fifteen (15) business days after receipt of the DO rated Purchase Order, in each case, in the manner prescribed therein (if any).
- Seller accepts this order upon Seller returning to Buyer the purchase order executed by Seller. Upon execution of the purchase order by Seller, this order will become binding on Seller and Buyer and Buyer’s failure to return a counter-signed copy of the purchase order will not preclude acceptance in accordance with the foregoing terms. SELLER SPECIFICALLY WAIVES ANY REQUIREMENT FOR SIGNED ACCEPTANCE OF THIS ORDER BY BUYER. IN ADDITION, IF SELLER FAILS TO PROVIDE A SIGNED COPY OF THE PURCHASE ORDER BEFORE COMMENCEMENT OF WORK ON THE GOODS OR SERVICES, SELLER AGREES THAT IT WILL BE DEEMED TO HAVE ACCEPTED THE ORDER UPON SELLER’S COMMENCEMENT OF WORK ON THE GOOD OR SERVICES, INCLUDING THE SHIPMENT OF GOODS OR PERFORMANCE OF SERVICES, AND SELLER’S COMMENCEMENT OF WORK ON THE GOODS OR SERVICES WILL SERVE AS SELLER’S PROMISE TO BUYER TO DELIVER AN EXECUTED COPY OF THE PURCHASE ORDER UPON REQUEST BY BUYER.
NOTICE OF DELAY: Seller shall notify Buyer in writing immediately of any actual or potential delay to the performance of the Purchase Order. Such notice shall include the duration of the potential delay and a proposed revised schedule, but such notice and proposal or Buyer’s receipt or acceptance thereof, shall not constitute a waiver of Buyer’s rights and remedies hereunder. In addition to any other liability of Seller set forth in the Purchase Order, Seller shall be liable for any direct, indirect, incidental, special and consequential damages resulting from a delay.
DELAY: Time is of the essence in performing this Order. Should Seller experience or anticipate any delay in performing this Order, whether or not such delay is excusable under any provision hereof, Seller shall immediately notify Buyer of such delay, its expected duration and the reasons thereof. Neither such notification nor an acknowledgment by Buyer shall constitute a waiver of this Order’s delivery schedule. In addition to any other liability of Seller set forth in this Order, Seller shall be liable for any direct, indirect, incidental, special and consequential damages resulting from a delay.
SHIPPING: Shipments via FedEx per the instruction on the PO.
NOTE: The MSI purchase order Number must be notated on all shipping documents – commercial bills of lading, air bills or Carrier Shipping System labels.
PACKING LIST: A Packing List must accompany every shipment. All packing lists must reference the MSI PO number and the MSI parts number per the Line Items on the PO.
MATERIAL CERTIFICATION: Material certificates, plus FAI and coating certificates when applicable, must accompany all deliveries/shipments.
OVERAGE: Ship/deliver exact quantity ordered. Overages shall be retained at no additional cost to MSI.
DELIVERY DOCK SCHEDULE: Monday through Friday 7:30 AM to 11:30 Noon and 12:30 PM to 3:30 PM.
INSURANCE: No insurance charges which increase shipping cost shall be allowed.