Wescam Inc.
L3Harris Technologies, Inc.
50 Leavitt Blvd
Waterdown, Ontario, Canada, L9H 0C5
Phone: 905-633-4000
June 18, 2025
www.L3Harris.com
Peru National Police
Reference: Your Request for Quotation
Subject: L3Harris Offer 250476 for WESCAM System Upgrade(s)
In support of the Peru National Police, L3Harris provides this response for the support of WESCAM MX-
15 EO/IR Sensor Systems.
Upgrades
L3Harris has provided pricing for available upgrades for MX-15 SN 425801436:
Upgrades will be fitted into fielded systems by completing a 1st Article upgrade first at the L3Harris,
Ontario factory. Any repairs required will be priced separately outside the scope of this upgrade. (If
system is not under a Service Plan)
Please note that the pricing provided is for upgrades that are available for this turret. If multiple upgrades
are chosen, bundling adjustments will be applicable which can be priced once a confirmed list has been
identified.
All material removed from the equipment to complete the upgrade will become the property of L3Harris
and will be disposed as deemed appropriate.
John Brodeur will be in contact with you to further discuss your requirements and the contents of this
submission.
Sincerely,
Jamie FitzGibbon
Manager, Proposal Management
Wescam Inc.
A Subsidiary of L3Harris Technologies, Inc.
Email: [email protected]
Tel: (905) 802-9761
A Purchase Order may be directly submitted via the following link for immediate action. Please ensure
the offer number is referenced. [email protected]
c.c. John Brodeur, Business Development Director, LATAM. Email:
[email protected] Phone: (905) 515-3856
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L3Harris Offer # 250476
Peru National Police MX™-15 Upgrades
This document includes data that must not be duplicated, used, or disclosed - in whole or in part - for any purpose
other than to evaluate this proposal. If, however, a contract is awarded to this offer or as a result of - or in
connection with - the submission of this data, the Purchaser will have the right to duplicate, use or disclose the
data to the extent provided in the resulting contract. This restriction does not limit the Purchaser right to use
information contained in this data if it is obtained from another source without restriction.
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Price Submission
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Wescam Inc. Proposal Specific Terms, Conditions,
Notations
Purchase orders and Contracts are to be made out to Wescam Inc.
Wescam Inc., is a wholly owned subsidiary of L3Harris Technologies, Inc.
1. Precedence: These Proposal Specific Terms and Conditions along with the supplied Standard
Terms and Conditions (document FM1093) or other referenced Terms and Conditions take
precedence.
2. Currency: All Prices in United States Dollars (USD).
3. Then-Year Pricing: Reflecting 2026 deliveries. Delivery year is determined by contract
delivery date as accepted by Wescam Inc. and agreed to by the Purchaser. Future deliveries
may be subject to an annual escalation rate no greater than 4.5% or the annual rate of inflation
in Canada, whichever is greater.
4. Shipping Point: Delivery terms are CIP (Incoterms 2020) Peru (Buyer's nearest international
airport).
Unless explicit written instructions are supplied by the Purchaser, the method of transportation
and the route of shipment shall be at Wescam Inc.’s sole discretion. If the Purchaser delays
shipment of any items, Wescam Inc. may invoice the Purchaser for said items and hold them at
Purchaser’s risk and expense, pending instructions from the Purchaser.
5. Offer Validity: Offer is valid through December 30, 2025. Prices for configured items or
services quoted as optional are only valid with initial order.
6. Pricing: Rough Order Magnitude (ROM) pricing is provided for budgetary purposes only and is
non-contractible. These prices are subject to change by Wescam Inc. without notice.
7. Terms and Conditions: T&C's per Wescam Inc. form FM1093 and supplied appendices.
Wescam Inc.’s preferred contracting language is English. Documentation in any language other
than English may drive additional review and response time to allow time for translation.
8. Quantity Discounts: The following discounts apply for a single contract award of multiple
systems for delivery within any 12-month period. These discounts have been reflected in the
pricing supplied herewith and are applied to:
• System Upgrades including the first article.
1 – 5: 0% discount 6 – 10: 4.5% discount 11 – 20: 6% discount
21 – 40: 9% discount 41 – 75: 10.5% discount 76 – 100+: 12% discount
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9. Delivery:
In-Factory Upgrade: Following receipt of the material and equipment to be upgraded, first
article will be completed in approximately 3-4 months (excluding any repairs needed to
Customer Furnished Equipment (CFE)). Completion schedule of follow-on upgrades to be
mutually agreed at time of Contract award.
Upgrade lead-times vary but for hardware upgrades the standard is between 6 and 12 months
driven by the longest lead-time item and the L3Harris work-load. Certain software and field-
based upgrades may be delivered more quickly with each program being assessed at time of
Purchase Order acceptance.
First article to be performed at Wescam Inc. factory and may require return of equipment from
the Purchaser. Completion schedule of follow-on upgrades to be mutually agreed at time of
Contract award.
Consult Wescam Inc. prior to placement of Purchase Order to confirm delivery commitments.
Note: The products / services covered by this Proposal may be controlled for export by the
Canadian Government or other applicable governments. Therefore, the actual delivery date is
contingent upon the timely receipt of End Use Certificate(s) and other export documents
required to be provided by the Purchaser in addition to the purchase order to allow Wescam
Inc. to apply for all applicable export license(s). If the required export license(s) are not
approved, or if approved, are subsequently withdrawn or terminated by the required
government authorities, then these actions shall relieve Wescam Inc. of its obligations without
liability for any damages or consequential losses. Wescam Inc. reserves the right to confirm
delivery lead times quoted if optionally quoted items are selected.
10. End-User Template and Quoted Delivery: On submission of the Purchase Order to Wescam,
the Buyer is requested to provide completed and signed end use documents (templates
attached to this offer), including an End Use Statement (EUS), and if applicable a completed
and signed DSP-83. Failure to provide the completed EUS and DSP-83 (if applicable) with the
Purchase Order may delay the Export license application process and give cause for Wescam
to amend the Purchase Order / Contract delivery schedule.
11. Equipment Warranty Period: One (1) year from the date of shipment by the seller or 1,000
hours of operation, whichever occurs first.
12. Payment Schedule:
Upgrades: 40% Down, 60% on delivery per contracted Incoterms.
Payment Terms: Unless payments are scheduled with Purchase Order placement, payments
shall be due Net: 30 days, zero discount from issue date of invoice as noted in the payment
schedule above.
Interest payable on overdue amounts at then-current bank rates for commercial loans plus two
percent (2%).
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Payment terms offered are pending an acceptable Dunn and Bradstreet report during the
Wescam Inc. acceptance process of a resultant order and Purchaser payment history during
performance of the order. Purchaser DUNS number will be requested at time of order.
Payment Method: All payments are to be made by wire transfer / Electronic Funds Transfer
(EFT) (CAD, EUR, GBP or USD) or Automated Clearing House (ACH) transfer (USD only) to
Wescam Inc. Account transfer details will be found on invoices when issued.
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Wescam Inc. Business Terms and Conditions FM1093 Rev C
This proposal/quotation is an offer to purchase, and any resulting sale, is expressly conditional on the terms and
conditions set forth below, except where specifically stated otherwise within an accompanying proposal or quotation.
Any additional or different terms and conditions submitted by the Purchaser are expressly rejected by Wescam Inc.
and shall be of no effect nor in any circumstance binding upon Wescam Inc. unless specifically accepted by Wescam
Inc. in writing.
1. EFFECTIVE CONTRACT START DATE:
The effective contract start date is defined as the date when all of the following has occurred:
a) A formal purchase order is issued by the Purchaser.
b) Wescam Inc. accepts the technical and commercial content of the Purchase Order.
2. SUBCONTRACTING: Wescam Inc. may subcontract such portions of the work as it deems necessary in the
performance of this contract.
3. SALES AND SIMILAR TAXES:
The prices quoted in this proposal do not include Excise Taxes, sales or use taxes or any other tax, of any
nature, which may be imposed specifically as a result of this transaction. The amount of any tax applicable to
this transaction or the use of the equipment involved shall be paid by the Purchaser directly to the appropriate
taxing authority or to Wescam Inc. if itemized in the invoice.
4. IMPORT DUTY:
Unless otherwise specified in writing, the quoted prices do not include present or possible future import duties,
tariffs, or other similar charges levied by any country and all import formalities and import duties and costs are
the Purchaser’s responsibility.
5. EXPORT CONTROLS:
If the items proposed are controlled items as defined in the multilateral Wassenaar Arrangement on Export
Controls for Conventional Arms and Dual-use Goods, they may require approval from the Canadian
Government and/or other Governments. as applicable. If requested by Wescam Inc., the Purchaser may be
required to provide an end-user certificate/end use statement with the purchase order to allow Wescam Inc. to
apply for the export permit/license. Wescam Inc. will apply for any required permits/licenses in a timely
manner. Wescam Inc. accepts no responsibility for any delay in shipment due to delays in receipt or approval
of such export licenses/certificates. Failure of any government to issue a required export permit/license, or the
withdrawal/termination of a required export permit/license by any government will be considered an event of
“force majeure” and shall relieve Wescam Inc. of its obligations without any liability.
6. INSURANCE:
Wescam Inc. shall maintain its commercial general liability insurance policies to protect Wescam Inc. legal
liability and workmen’s compensation protection for Wescam Inc. employees. However, Wescam Inc. shall not
accept any contractual liability for indemnity.
7. OWNERSHIP OF TECHNICAL DATA, TRAINING MATERIAL AND SOFTWARE:
The specifications, drawings, manufacturing data and other information transmitted between Wescam Inc. and
the Purchaser in connection with Wescam Inc.’s proposal and any resulting contract are the property of the
originating party and are disclosed in confidence on the condition that they are not to be reproduced, copied,
disclosed to third parties, or used for any purpose detrimental to the interest of the other party, including to
reverse engineer, decompile or disassemble any Wescam Inc. products.
8. CONFIDENTIALITY:
Confidential Information shall include trade secrets, proprietary business or technical information and any non-
written information disclosed by either Party to the other if the Disclosing Party reduces such information to
writing, conspicuously identifies it as “Confidential” and sends it to the other Party within thirty (30) days of
disclosure.
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Confidential Information received by one Party from the other party will be kept in confidence by the Receiving
Party with the same reasonable degree of care that it normally employs for the protection of its own confidential
information.
Confidential Information will not be used or disclosed by the Receiving Party, except to such of its employees
and employees of affiliates that have a strict need-to-know.
Each Party shall take any and all appropriate steps to impose the obligations of this Agreement on its
employees or employees of affiliates.
The above limitations shall not apply to any portion of the Confidential Information that:
(a) Was in the public domain at the time of, or prior to, disclosure; or
(b) Enters into the public domain other than by breach of this Agreement; or
(c) Was known by the Receiving Party prior to disclosure as evidenced by written records; or
(d) Was disclosed to the Receiving Party in good faith by a third party not in violation of any obligations
of confidentiality to the Disclosing Party; or
(e) Was independently developed by the Receiving Party as evidenced by written records; or
(f) Is disclosed to a Government in connection with a proposal or contract if such Confidential
Information is identified as information provided by the Disclosing Party and is marked with a suitable
legend to protect the Disclosing Party's proprietary interests.
9. ACCEPTANCE:
Acceptance of the hardware by the Purchaser (including transfer of title) shall occur upon the successful
conduct of Wescam Inc.’s standard factory acceptance test plan (new systems) or functional verification tests.
The Purchaser may witness the factory acceptance test on a non-interference basis upon reasonable notice
being given to Wescam Inc.
Acceptance by the Purchaser of any non-hardware deliverable requiring Purchaser approval shall be deemed
to have taken place within 15 days of completion or delivery to the Purchaser, provided that Wescam Inc. has
not been notified in writing that the deliverable has been rejected together with the reasons for the rejection.
10. DISCLAIMER OF DAMAGES:
Wescam Inc. shall not be liable for special, incidental, indirect, or consequential damages, under any
circumstances, including, but not limited to, damage or loss resulting from inability to use the equipment,
increased operating cost, loss of production, loss of anticipated profits, or special incidental, indirect or
consequential damages, whether similar or dissimilar, of any nature arising from any cause whatsoever
whether based on breach of contract (fundamental or otherwise), tort (including negligence), offenses, strict
liability, or any other theory of law.
11. LIMITATION OF LIABILITY:
Notwithstanding any other provision of the contract, Wescam Inc. maximum liability thereunder, arising from
any cause whatsoever, whether based on breach of Contract (fundamental or otherwise), tort (including
negligence), offense, strict liability, or any other theory of law, shall not exceed the contract price. Any suit
based upon any aforementioned cause of action must be commenced within one year from the date said action
accrues.
12. TECHNICAL SPECIFICATIONS:
Unless otherwise agreed to, in writing, this proposal provides a general overview of the proposed offer for sale.
As part of its ongoing policy of product improvement, Wescam Inc. reserves the right to modify the equipment
configuration described to provide improved performance, reliability or maintainability or to substitute
components of equivalent or higher performance. Upon Purchaser’s request, Wescam Inc. will provide
Purchaser with a qualification summary report identifying the standards to which its products have been
qualified. Any qualification standards that are not identified in the qualification summary report are expressly
disclaimed by Wescam Inc.
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Part numbers of spare parts may change between proposal and delivery. Alternate spare parts will have the
same fit, form or function and equivalent or higher performance. Wescam Inc. will notify the Purchaser of
superseding spare part numbers prior to delivery.
13. NONWAIVER:
If Wescam Inc. does not insist on strict compliance of the Purchaser with any of these Terms and Conditions,
or fails to exercise promptly any right occurring from any default of the Purchaser, then the foregoing shall not
impair Wescam Inc.’s rights in case of the Purchaser’s default continues or in case of any subsequent default
by the Purchaser.
14. GOVERNING LAW:
The rights and obligations of Wescam Inc. and the Purchaser with respect to the Wescam Inc. proposal and
any resulting contract shall be governed by the laws of the Province of Ontario, Canada. Any suits, claims or
actions relating to the contract shall be brought in a court of competent jurisdiction in the Province of Ontario
and the parties hereby irrevocably attorn to the exclusive jurisdiction of such courts for the purpose of
adjudicating any such suit or action. Wescam Inc. and the Purchaser agree that the United Nations Convention
on Contracts for the International Sale of Goods does not apply.
15. EXCUSABLE DELAYS: Wescam Inc. shall not be liable to the Purchaser for any loss, damage, delay in
the work or non-performance of any contractual obligation caused a Force Majeure Event. "Force Majeure
Event" means any event or circumstance or combination of events or circumstances that: (i) is beyond the
reasonable control of the affected party; (ii) could not have been mitigated, avoided, or prevented through the
exercise of reasonable care and precautions; and (iii) materially and adversely affects the performance by such
party of all or a part of its obligations under or pursuant to this Contract. Force Majeure Events include but are
not limited to:
a. any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade,
embargo, revolution, rebellion, riot, insurrection, civil commotion, act or campaign of terrorism, or sabotage;
b. any government acts or omissions;
c. radioactive contamination or ionizing radiation;
d. any strike or labor dispute;
e. labor or material shortages that could not have been reasonably foreseen;
f. any Changes in Law, including changes in tax laws;
g. any Customer failure, whether through act or omission, to perform any of its obligations under the Contract;
h. any lightning, earthquake, hurricane, drought, tsunami, monsoon, tempest, flood, storm, cyclone, volcano,
mudslide, typhoon, tornado or other unusually severe weather or act of nature;
i. fire, explosion or chemical contamination;
j. any epidemic, blight, famine, quarantine, plague, or pandemic including but not limited to COVID-19;
k. any transportation accidents;
l. suspension of flight operations due to inclement weather;
m. delays of suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or
negligence of both Seller and its supplier.
For the avoidance of doubt, Customer shall not be relieved of its obligation to make timely payment to Seller
under this purchase order by reason of Force Majeure Events.
The affected party shall give the other party timely notice after it becomes aware of any Force Majeure Event,
which notice shall, to the extent practicable, specify the length of the delay anticipated or occasioned by, and
additional costs, if any, incurred or anticipated to be incurred by reason of such Force Majeure
Event. Customer shall within ten (10) days following delivery of such notice (whether to or from Seller), or such
other period as may be agreed between the parties, issue a Change Order equitably adjusting the Contract
Price, Schedule and other terms and conditions of the Contract in accordance with Article [ref: Changes clause]
hereof. The affected party shall use reasonable efforts to minimize the delay and cost caused by the Force
Majeure Event, but Seller shall not be required to subcontract Work or to work additional hours unless
Customer agrees to pay all additional costs with respect thereto.
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During any period of suspension of the Work due to a Force Majeure Event, Seller shall take such reasonable
steps (in light of the nature of the Force Majeure Event) as necessary to protect and preserve the Work
completed and which will permit efficient resumption of the Work when reinstated. The cost of these necessary
protective steps shall be to the Customer’s account and shall be set out in a Change Order in accordance with
Article 18. In addition, Seller and the Customer shall mutually agree upon the extent to which Seller's and its
Subcontractors' personnel, equipment and other temporary facilities (including provision for emergency
services) shall be retained on the Program, at Seller's facility and at its Subcontractors’ facilities, during such
suspension in order to minimize expenses during such period, and Customer shall pay the amount agreed
upon to Seller for such expenses during the period of suspension.
Seller shall promptly resume the portion of the Work suspended due to a Force Majeure Event upon mutual
agreement among the parties that such Force Majeure Event is over and upon delivery of a written notice from
Customer to Seller authorizing reinstatement of such portion, specifying the effective date of resumption and
acknowledging the entitlement of Seller to a Change Order pursuant to Article 18.
16. PROHIBITED USES:
The Purchaser may not, in any way:
a) Modify the product, except as permitted in the normal use of the product.
b) Reverse-engineer, disassemble, or make any attempt to copy the product.
c) Transfer the product to any person or entity in violation of any applicable Export regulations.
17. ENTIRE AGREEMENT:
This Agreement, together with ancillary agreements, contains the entire agreement between Wescam Inc. and
the Purchaser, and no provisions may be waived, modified, or altered except by writing executed by both
parties.
18. CHANGES:
The Purchaser may propose changes to the work within the general scope of the contract. Wescam Inc. shall
be under no obligation to implement any proposed change unless Wescam Inc. and the Purchaser agree in
writing to any resulting adjustment in the contract price, delivery schedule or other provisions of the contract.
19. ASSIGNMENT:
Purchaser shall not assign this contract, in whole or in part, to other than wholly-owned subsidiaries without the
prior written consent of Wescam Inc. Wescam Inc. may assign this contract in the event of a merger,
consolidation or reorganization or with a sale of all or substantially all of the assets of the business of Wescam
Inc. to which this contract relates.
20. OFFSET:
Wescam Inc. has entered into this agreement under the cognizance of L3Harris Technologies, Inc. Offset
programs. Unless otherwise stated, all Offset credits resulting from this agreement are the sole property of
L3Harris Technologies, Inc. to be applied to the Offset program of its choice.
To meet any existing and/or future offset obligation in Canada under current ITB/VP policies, an international
sales opportunity will create economic benefits for Canada. The choice to increase Wescam Inc.’s international
business and exports is a direct consequence of L3Harris Corporate’s position to meet any current and future
Canadian obligation and Wescam Inc.’s ITB offset obligations in Canada.
21. GOVERNMENT INTERACTION:
Each Party agrees not to interact with the end customer, any government, political party or public international
organization, on behalf of the other Party without prior written approval. Neither Party is authorized to assume
or create any obligation, liability nor responsibility, express or implied, bill for goods, make any commitments or
representations, or otherwise act in any other manner, on behalf of or in the name of the other Party or to bind
the other Party in any manner. Both Parties acknowledge and agree that the relationship intended by this
Agreement is that of independent contractors.
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Wescam Inc. Business Terms and Conditions
Service Applicable Terms FM1093S Rev C
1. UPGRADES:
a) Wescam Inc. will perform a pre-upgrade evaluation / inspection of the equipment noting any repair
requirements to be conducted prior to the upgrade activity which will be separately quoted.
b) Any parts removed and replaced shall, unless agreed otherwise, become the property of Wescam
Inc. for disposition in accordance with Wescam Inc.’s standard processes.
c) Any import duties or taxes for product returned to Purchaser will be Purchaser’s responsibility.
2. EXCLUSION OF WARRANTY:
The warranties provided in this section are in lieu of all other warranties, express, implied or statutory,
including but not limited to the implied warranties of merchantability of fitness for a particular purpose.
Wescam Inc. specifically denies any implied or express representation that the maintenance services or
replacement parts will cause the system to operate uninterrupted or error-free or have all defects
corrected.
These warranties shall not apply to any unit or part thereof which, in the opinion of Wescam Inc., has
been installed or used improperly; damaged by accident, misuse, or negligence; or altered or repaired in
such a manner as to impair performance.
3. UPGRADE WARRANTY:
a) Wescam Inc. warrants, to the original Purchaser only, that the new installed parts and software as
part of the upgrade are free from defects in material and workmanship for a period of twelve months
or 1000 hours of operation, whichever occurs first, from the date of delivery by Wescam Inc.
b) Wescam Inc. will repair or replace (at its option) any such device that is returned FCA Incoterms 2020
to the Wescam Inc. repair facility, with transportation charges prepaid and within the warranty period.
The liability of Wescam Inc. shall be limited to the repair or replacement of the device and shall not
include installation, or any other charge or expense incurred.
c) Wescam Inc. will pay for return freight to Purchaser's port of entry.
4. SERVICE / SERVICE PLAN WARRANTY:
a) Wescam Inc. agrees that it is competent to perform the work hereunder and undertakes to conduct
the work in a conscientious and diligent manner comparable to that which is generally expected of a
reputable company in the same industry. Notwithstanding the above, no warranties whether express
or implied by law or equity, shall apply to the work performed by Wescam Inc. hereunder.
b) Unless agreed otherwise, Wescam Inc. may use refurbished parts in the performance of repair
services. Any parts removed and replaced shall, unless agreed otherwise, become the property of
Wescam Inc.
c) Any parts removed and replaced shall, unless agreed otherwise, become the property of Wescam
Inc. for disposition in accordance with Wescam Inc.’s standard processes.
5. REPAIR WARRANTY:
a) Wescam Inc. warrants that the repair services will be free from defects in workmanship and material
of the repaired product for a period of ninety (90) days after shipment from Wescam Inc.’s factory or
250 hours of use, whichever occurs first (the “Warranty Period”). This warranty shall apply provided
that (1) the defect becomes apparent during the Warranty Period and Purchaser provides prompt
written notice thereof to Wescam Inc., and (2) the product is returned to Wescam Inc. within thirty (30)
days after discovery of the defect.
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b) Wescam Inc.’s sole responsibility under this warranty shall be to repair, replace or re-perform, at its
sole discretion, the defective work or materials at Wescam Inc.’s repair facility. Unless agreed
otherwise, Wescam Inc. may use refurbished parts in the performance of these warranty services.
c) These warranties will not apply if the product or any part thereof has been subject to:
(1) maintenance, overhaul, storage, operation or use which is improper or not in accordance with
Wescam Inc.’s instructions,
(2) alteration, modification or repair by anyone other than Wescam Inc. or its authorized
representative, or
(3) any accident, misuse, neglect or foreign object damage. In addition, this warranty shall not
apply if the defect is attributable to any part not supplied by Wescam Inc. at time of repair, or any
part not approved by Wescam Inc.
d) Any parts removed and replaced shall, unless agreed otherwise, become the property of Wescam
Inc. for disposition in accordance with Wescam Inc.’s standard processes.
6. NESL INDEMNITY
If the Equipment quoted in this proposal/contract includes a non-eye safe laser (NESL), the Purchaser
agrees for as long as it operates the equipment, to indemnify and save Wescam Inc. harmless from any
and all liabilities, losses, suits, claims, demands, costs and actions of any kind or nature whatsoever to
which Wescam Inc. shall or may become liable for as a result of purchaser’s use of the NESL.
7. Laser Cutouts: If applicable, the Purchaser shall provide laser cut out angles at time of contract
award. Any delays in providing laser cut out information may impact delivery dates.
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