Rotary & Mission Systems
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Lockheed Martin Mission Systems & Training, Fort Worth, Texas (hereafter referred to as "Seller") and the Bidder agree:
(1) Inspection.  The bidder is invited, urged and cautioned to inspect the property to be sold prior to submitting a bid. Property will be available for inspection at the places and times in the invitation.  In no case will failure to inspect constitute grounds for the withdrawal of a bid after opening.  "Bidders' signature at the bottom of this form constitutes acknowledgement by Bidder that an opportunity has been provided to Bidder by seller to inspect said property."
(2) Condition and Location of property.  Unless otherwise specifically provided in the invitation, all property listed therein is offered for sale "AS IS" and "WHERE IS" if it is provided therein that the seller shall load, then "where is" means f.o.b. conveyance at the point specified in the invitation.  The description is based on the best available information.  THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, APPLICABLE HEREIN, AS TO QUANITY, KIND CHARACTER, QUALITY, WEIGHT, SIZE, OR DESCRIPTION OF ANY OF THE PROPERTY, INCLIDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FAR A PARTICULAR PURPOSE.  In no event will Seller be liable for special, punitive consequential or incidental damages.  Except as provided in Conditions No. (8) and (10), no request for adjustment in price or for rescission of the sale will be considered.  This is not a sale by sample.
(3) Consideration of Bids.  The bidder agrees that its bid will not be withdrawn with n the period of times specified for the acceptance thereof following the opening of bids (sixty 60) calendar days if no period is specified by the Seller or by the Bidder, but no less than (10) calendar days in any case) and that during such period its bid will remain firm and irrevocable.  The right is reserved to reject any and all bids, to waive any technical defects in bids, and unless otherwise specified in the offering or by the Bidder, to accept any one item or group of items in the bid.  Unless the invitation otherwise provides, bids may be submitted on any or all items.  However, unless the invitation otherwise provides, a bid covering any listed items must be submitted on the basis of the unit specified for that item and must cover the total number of units designated for that item.  In case of error in the extension of price, unit prices will govern.
(4) Payment.  The bidder agrees to pay for property awarded to the Bidder in accordance with the prices quoted in the Bidder's bid.  Payment in full purchase price, subject to any adjustment pursuant to Condition No. (8), must be in with in the time specified for removal and prior to delivery of any of the property.  In the event that any adjustment is made pursuant to Condition No. (8), payment must be complete immediately subsequent to such adjustment.  The balance of the purchase price after applying the total bid deposit made by Bidder (if a did deposit was required) under the invitation (or otherwise the full purchase price) sall be paid to the seller in Cash or by certified check, cashier's check, travelers check, bank draft, or postal or express money order.  The seller reserves the right to apply any bid deposit made under this invitation by Bidder against any amount due to the Seller under a contract awarded by Seller under this invitation for bid. In those instances where the total sum becoming due to the Seller from the Bidder on the contract award to the Bidder under the invitation is less than the total amount deposited with the Bidder's, the difference shall be promptly refunded.  Deposits accompanying bids that are not accepted shall be promptly returned.
(5) Title.  Unless otherwise specified in the invitation, title to the items of property sold hereunder shall vest in the Bidder as and when full and final payment is made, except that if the invitation provides that loading will be performed by Seller, title shall not vest until such payment and loading are complete.  On all motor vehicles and motor propelled or motor-drawn equipment requiring licensing, a certificate of release, Standard form 97, Certificate of Release of a Motor Vehicle, executed by the Contracting Officer (or a State certification of Title), shall be furnished for each vehicle and piece of equipment.
(6) Delivery and Removal of Property.  Unless otherwise specified in the invitation, the Bidder shall be entitled to obtain the property upon vesting of title of the property in the Bidder.  Delivery shall be made at the designated location, and the Bidder shall remove the property at the Bidder's expense within the period of time originally specified in the invitation or within such additional time as may be allowed by Seller.  The Bidder shall reimburse the Seller for any damage to the Seller's property caused by the removal operation of the Bidder.  If the Bidder is permitted by the seller to remove the property after the expiration of the period prescribed or allowed for removal, the Seller, without limiting any other rights that it may have, may require the Bidder to pay reasonable storage charge.  
(7) Default.  If the successful Bidder fails to make full payment, to remove property on he specified date, or to comply with any other terms and conditions thereof, the right is reserved to sell or otherwise dispose of any or all such property and to charge losses and expenses incidentals thereto to the account of the defaulting Bidder.  The bid deposit (if required in the invitation) shall be applied against any such losses and expenses.
(8) Adjustments for Variation In Quantity or Weight.  When property is sold on a "unit price" basis, the Seller reserves the right to vary the quantity or weight delivered by fifteen percent (15%) from the quantity or weight listed in the invitation; and the Bidder agrees to accept delivery of any quantity or weight within these limits. The purchase price shall be adjusted upward or downward in accordance with the unit price and on the basis of the quantity or weight actually delivered.  No adjustment for variation shall be made where property is sold on a "price for the lot" basis.
(9) Weighing.  When weighing is necessary to determine the exact purchase price hereunder, the Bidder shall arrange for and pay all expenses of weighing material.  All switching charges shall be paid by Bidder and accomplished on (i) Sellers scales, (ii) certified scales, or (iii) other scales acceptable to both parties.  When removal is by rail, weighing shall be on railroad track scales or by other means acceptable to the railroad for freight purposes.  Approving weighing shall establish the exact purchase price and govern the making of full payment thereon.
(10)  Risk of Loss.  After mailing notice of award and prior to the date specified for removal, the Seller shall be responsible only for the exercise of reasonable care for the protection of the property.  After passage of title and after the date specified for removal of the property or any extensions approved in writing by the Seller, all risk of loss, damage, or destruction from any cause whatsoever shall be borne by the Bidder.
(11) Limitation on Seller and Government Liability.  The measure of Seller and Government liability in any case when liability of Seller and Government to the Bidder has been established shall not exceed refund or such portion of purchase price as the Seller may have received.
(12) Oral Statements and Modifications.  Any oral statements or representation by any representative of the Seller changing or supplementing the contract or any condition thereof is unauthorized and shall confer no right upon the Bidder.
(13) Eligibility of Bidders.  The Bidder certifies that the Bidder is not: (i) a civilian employee of the Department of Defense or the United States Coast Guard whose duties include any functional or supervisory responsibility for disposal of Seller inventory; (ii) a member of the Armed Forces of the United States, including the United States Coast Guard, whose duties include any functional or supervisory responsibility for disposal of Seller inventory; (iii) an agent, employee, or immediate member of the household of personnel in (i0 and (ii) above.
(14) Claims Liability.  The Bidder agrees to save the Seller and Government harmless from any and all claims, demands, actions, debts, liabilities, judgments, costs, and attorney's fees arising out of, claimed on account of, or in any manner predicated upon loss of or damage to property of, and injuries to or the death of any and all persons whatsoever, in any manner caused or contributed to by the Bidder, their agent, servant, or employees, while in, upon, or about the sale of the property site on which the property sold or offered for sale is located, or while going to or departing from such areas; and to save the Seller and Government harmless from and on account of damages of any kind that the Seller may suffer as the result of the act of any of the Bidder's agents, servants, or employees while in or about said sites.
(15) All Sales.  All sales "except sales of Government property" are subject to Texas State and City Sales and Use Taxes.