Pratt & Whitney Terms and Conditions of Purchase

Pratt & Whitney Terms and Conditions of Purchase

General Instructions

Revised 6/25/04

This General Instruction has been revised to:

a. include restriction on use of European Union banned substances (Part I, 1.C); (Part II

The following are several general instructions on how to apply this version of the Terms and Conditions:

Part I of the T&C's is incorporated in all Pratt & Whitney purchase orders and contracts, except as noted below. The instructions below also provide directions as to when other T&C's Parts and/or Appendices are incorporated into purchase orders and contracts in addition to T&C's Part I when Part I applies.

A. In addition to Part I, the Appendices referenced below may apply if the following appear on the Order/contract:

i. Order is for a Long Term Agreement (LTA) – Appendix “B” applies if referenced on the Order;

ii. Order is to a foreign source and goods are being imported into the U.S.- Appendix “C” applies;

iii. Order is to a source in Israel and goods are being imported into the U.S.- Appendix “D” applies;

iv. Order references a contract with Israel - Appendix “E” applies (subject to the exceptions in the clause);

v. Order is for Equipment leases – Appendix “H” applies if referenced on the Order;

B. In addition, if this purchase order is for a part(s) that has a military requirement or application (referenced on the drawing or other applicable documents) including engine models F100, F117, F119, F135, J52, TF33 or for the PW2000 engine the Seller agrees to comply with the following:

A. If the part(s) or assemblies for this order contain “Specialty Metals” (defined as nickel, cobalt, titanium, zirconium and certain steel alloys) then these “Specialty Metals” must be MELTED in the United Stated or in a Qualified Country as defined in the Defense Federal Acquisition Regulation Supplement 225.872-1 which are (Austria, Australia, Belgium, Canada, Denmark, Egypt, Federal Republic of Germany, Finland, France, Greece, Israel, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Switzerland, Turkey, Sweden, United Kingdom of Great Britain, and Northern Ireland) pursuant to DFARS 252.225-7014 Alt I. In addition, there are other exceptions for specialty metals incorporated into products manufactured by suppliers located in these same qualifying countries. Specifically the DFARS states “This clause does not apply to the extent that …the specialty metal is melted in a qualifying country or is incorporated in an article manufactured in a qualifying country”. If you do not comply with DFARS 252.225-7014 Alt I, contact the Pratt and Whitney buyer on this order.

B. If Seller is incorporated in the United States, Sections of 48 Code of Federal Regulations ("CFR") [Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS)] apply to this Order:

52.222-26 ("Equal Opportunity"); 52.222-35 ("Affirmative Action for Special Disabled and Vietnam Era Veterans"); and 52.222-36 ("Affirmative Action for Handicapped Workers"), 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.) as the same may be amended from time to time, to the extent that such sections are applicable to Seller's performance under this order; 252.247-7023 Transportation of Supplies by Sea (10 U.S.C. 2631); 252.247-7024 Notification of Transportation of Supplies by Sea (10 U.S.C. 2631).

C. Supplier agrees that Goods delivered hereunder for engines, engine parts or support equipment shall not contain pentabromodiphenyl ether (CAS #32534-81-9) or octabromodiphenyl ether (CAS #32536-52-0) as published in the European Union Directive 2003/11/EC, to European Parliament and Council Directive 76/769/EEC by the European Union (EU) amendment dated Feb.15, 2003.

Part II of the T&C's applies to a Pratt & Whitney purchase order or contract line item, in lieu of Part I, if your order/contract includes (i) one or more U.S. Government contract numbers, or (ii) a subcontract number indicating that a U.S. Government requirement is involved, or (iii) a statement that the order/contract is issued in anticipation of a U.S. Government contract, or (iv) the order/contract expressly stipulates that Part II of the T&C's applies. If you are unsure when Part II applies contact the buyer on the purchase order.

A. In addition to Part II, certain U.S. Government contracts may also require additional Appendices referenced below:

i. Order is for F100 requirements - Appendix “A” applies if the order designates a Major/critical status; or if the order includes F100 Special Tooling;

ii. Order is to a foreign source and goods are being imported into the US - Appendix “C” applies;

iii. Order is to a source in Israel and goods are being imported into the U.S.- Appendix “D” applies;

iv. If Progress payments for Government Contracts apply to this Order - Appendix “G” applies;

v. Order is for a Commercial Item - Appendix “I” applies if referenced on the Order;

B. Contract Guide for Government Contract Clauses: if Part II applies the “guide” shall be referred to in conjunction with the Part II of the T&C's and other applicable clauses when the Order/contract references a contract. If the contract is not contained in the Contract Guide then Part II applies along with any supplemental terms referenced on the Order.

C. Specialty Metals: If the part(s) or assemblies for this order contain “Specialty Metals” (defined as nickel, cobalt, titanium, zirconium and certain steel alloys) then these “Specialty Metals” must be MELTED in the United Stated or in a Qualified Country as defined in the Defense Federal Acquisition Regulation Supplement 225.872-1 which are (Austria, Australia, Belgium, Canada, Denmark, Egypt, Federal Republic of Germany, Finland, France, Greece, Israel, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Switzerland, Turkey, Sweden, United Kingdom of Great Britain, and Northern Ireland) pursuant to DFARS 252.225-7014 Alt I. In addition, there are other exceptions for specialty metals incorporated into products manufactured by suppliers located in these same qualifying countries. Specifically the DFARS states “This clause does not apply to the extent that …the specialty metal is melted in a qualifying country or is incorporated in an article manufactured in a qualifying country”. If you do not comply with DFARS 252.225-7014 Alt I, contact the Pratt and Whitney buyer on this order.

D. Supplier agrees that Goods delivered hereunder for engines, engine parts or support equipment shall not contain pentabromodiphenyl ether (CAS #32534-81-9) or octabromodiphenyl ether (CAS #32536-52-0) as published in the European Union Directive 2003/11/EC, to European Parliament and Council Directive 76/769/EEC by the European Union (EU) amendment dated Feb.15, 2003.

Part III - Service Agreements of the T&C's applies to a Pratt & Whitney purchase order or contract if your order/contract specifies that the order is for services and/or references Part III. In addition,

A. Service Agreements under U.S. Government Contracts – Appendix “F” applies in addition to Service Agreements - Part “III”.

Text in the solicitation or purchase order/contract may provide additional information for specific transactions. This may be accomplished on the face of the document or by the way of an attachment to the document.