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Terms & Conditions

Dynamac Corporation
2275 Research Boulevard, Rockville, MD 20850
TEL: 301-417-9800 FAX: 301-417-6132
Federal Tax ID #: 52-0902283

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PURCHASE ORDER CONSTITUTES COMPLETE AGREEMENT

This Purchase Order, including the terms and conditions on the face and reverse side hereof and any attachments hereof, contains the complete and final agreement between Dynamac Corporation and Seller. Reference to Seller's bids, proposals, or invoices shall not affect terms and conditions hereof, and no other agreement or quotation in anyway modifying and of said terms and conditions will be binding upon Dynamac Corporation, unless made in writing and signed by an authorized representative of Dynamac Corporation.

ADDITONAL CHARGES

Buyer will not pay and additional charges unless agreed to, in advance, in writing. Specifically, Buyer will not pay interest charges, attorney's fees, and the like.

ADVERTISING

Seller shall not, without first obtaining the written consent of Dynamac Corporation, in any manner advertise or publish the fact that Seller has furnished, or contracted to furnish to Dynamac Corporation, the material and/or services order hereunder.

APPLICABLE LAW

The agreement arising pursuant to this Order shall be governed by laws of the State of Maryland. Any rights, remedies, and warranties, not inconsistent herewith, available to Dynamac Corporation by operation of law, may only be waived or modified in writing by Dynamac Corporation, in supplement to this Order.

ASSIGNMENTS AND SUBCONTRACTS

Seller shall not assign the accounts receivable or subcontract this Order or any right or obligation thereunder, without written consent of Dynamac Corporation and services normally purchased by Seller required by this Order shall not be construed as assignments or subcontracts.

CASH DISCOUNT OR NET PAYMENT PERIOD

Calculations will be from date of receipt, by Dynamac Corporation, of merchandise or an acceptable invoice, whichever is later. Any other arrangements agreed upon must appear on this Order and on the invoice.

CHANGES

(a) Dynamac Corporation may at any time, by written order, and without notice to any surety, make changes within the general scope of this Order in any one or more of the following: (i) specifications, (ii) method of shipping of packing, (iii) time of delivery, and (iv) place of delivery. If any such changes causes an increase or decrease in the cost of or time required for, performance of any part of the work under this Order, an equitable adjustment may be made in the contract price or delivery schedule, or both, and the Order shall be modified in writing accordingly. Notice of any claim for adjustment this cause must be made in writing ten (10) days from date the change is ordered, any claim must be asserted within twenty (20) days from date the change is ordered and must set forth the amounts of any increase or decrease in the cost of performance resulting from such change: provided, however, that Dynamac Corporation, if it decides that the facts justify such action, may receive and act upon any such claim asserted ay any time prior to final payment under this Order. Nothing in the clause shall excuse Seller from proceeding with the order as changed.

(b) Dynamac Corporation, technical personnel may from time to time effect an exchange of information with Seller's personnel in a liaison effort concerning the articles to be furnished hereunder, but same shall not vest Seller with authority to change the articles, specifications, or provisions of the Order, nor shall any change by Seller be binding upon Dynamac Corporation, unless incorporated as a change in accordance with subparagraph (a) hereof.

CONFIDENTIAL INFORMATION

Seller agrees not to disclose to any person outside of its employ, and, for a period of three (3) years from the receipt thereof, not to use for any purpose other than to fulfill its obligation under this Order, any information received from Dynamac Corporation, pursuant to this Order that has been disclosed to Seller by Dynamac Corporation, in confidence, and that is not otherwise publicly available. Upon termination of this Order, Seller agrees to return to Dynamac Corporation, upon request and material received from Dynamac Corporation, containing said confidential information. Seller further agrees not to disclose to Dynamac Corporation any information that Seller deems to be confidential, and it is understood that any information received by Dynamac Corporation will not be a confidential nature.

EQUAL EMPLOYMENT OPPORTUNITY

There are incorporated in this Order the provision of Executive Order 11246 (as amended) of the President of the United States on Equal Employment Opportunity, Section 503 of the Rehabilitation Act of 1973 Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, and the Rules and Regulations Issued pursuant thereto with which the supplier represents that's he will comply, unless exempted.

GIFTS

Dynamac Corporation employees and members of their families will not accept gifts or gratuities of any type from any supplier or prospective supplier. Such offerings can be construed as attempting to influence out relationship with a supplier.

GRATUITY CERTIFICATION

Seller will, as appropriate, indicate the following:
"I hereby certify that this invoice does not include any amount, whether actually expended, accrued, or credited, for the cost of any gift, gratuity, favor, entertainment, conference refreshments, loan fee, commission, or other things of monetary value offered to any government employee."

NOTICE OF DELAYS

Packages must bear Dynamac Corporation, immediately of any circumstances including any labor dispute, which may delay the timely performance of this Order, and shall include all relevant information with such notice.

PACKAGES

Packages must bear Dynamac Corporation Purchase Order number and show gross weight and/or quantity. No charge for packages will be allowed by Dynamac Corporation, unless otherwise agreed.

PATENTS

Seller will settle or defend at Seller's expense (and pay any damages, costs or fines resulting, therefrom) all proceedings or claims against Dynamac Corporation, its subsidiaries and affiliates, and its respective customers, for infringement by the goods furnished under the Order, or any part of use thereof, or patents (including utility models and registered designs) now or hereafter granted in the United States or in any country where Seller, its subsidiaries, or affiliates heretofore have furnished similar goods. Seller will, at Dynamac Corporation's request, identify the countries in which Seller, its subsidiaries, or affiliates heretofore have furnished similar goods.

PRICE

Dynamac Corporation will not pay any price in excess of the stated on the Purchase Order. If price is not stated on this Order, Seller agrees to invoice at lowest prevailing market price.

QUALITY

Material is subject to Dynamac Corporation inspection and approval within a reasonable time after delivery. If specifications are not met, material may be returned at Seller's expense and risk. Payment shall neither constitute an acceptance of the material nor impair the right of Dynamac Corporation, to proceed with any remedies provided by law.

SHIPMENT

Seller agrees to pay all shipping costs, unless otherwise agreed to in writing. Shipping must be made within the time stated on this Order; failing which, Dynamac Corporation, reserves the right to purchase elsewhere and charge Seller with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control, and without the fault or negligence, of Seller.

SMALL BUSINESS, SMALL DISADVANTAGED BUSINESS, AND LABOR SURPLUS PROGRAMS

There are incorporated by reference in this Order the following provisions of the United States Government's Procurement Regulations as they apply to performing work or rendering services under Government procurement contract: Utilization of Small Business and Small Disadvantage Business Concerns; Small Business Subcontracting Program; Utilization of Concerns in Labor Surplus Area; Labor Surplus Area Subcontracting Program.

TAXES

Seller agrees to pay any taxes imposed by law upon or on account of the material ordered hereunder, unless otherwise agreed to in writing.

TRANSPORTATION

Bill of Lading - Original or comparable shipping documents must accompany invoice.
Cartage - No charge allowed by Dynamac Corporation, unless otherwise agreed.
Routing - Consolidate all daily shipments on one Bill of Lading, when consigned to the buyer at one destination, unless otherwise agreed.
Premium Transportation - Seller agrees to bear the expense of any premium transportation charges, unless otherwise agreed.
Prepaid Transportation - Seller agrees to pay all shipping costs, unless otherwise agreed to in writing.
Insurance - Seller agrees to bear the expenses of transit insurance.

WAGES AND HOURS

Seller warrants that in the performance of this Order he has complied with all of the provisions of the Fair Labor Standard Act of 1938 of the United States as amended.

WORKMEN'S COMPENSATION AND DISABILITY BENEFITS INSURANCE

If Seller does not have Workmen's Compensation or Disability Benefits Insurance, Seller agrees to indemnify Dynamac Corporation, against all charges, claims and damages sustained by Dynamac Corporation, resulting from Seller's failure to have such insurance.

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