XML 34 R20.htm IDEA: XBRL DOCUMENT v3.3.1.900
Commitments and Contingencies:
12 Months Ended
Sep. 30, 2015
Commitments and Contingencies:  
Commitments and Contingencies:

 

14.  Commitments and Contingencies:

 

Operating Leases

 

Rent expense under operating leases totaled $73,000, $69,000 and $39,000 for the years ended September 30, 2015, 2014 and 2013, respectively. Future minimum lease payments under non-cancelable operating leases are $85,000, $77,000 and $40,000 for the years ended September 30, 2016, 2017 and 2018, respectively.

 

Purchase Obligations

 

A “purchase obligation” is defined as an agreement to purchase goods or services that is enforceable and legally binding on the Company and that specifies all significant terms, including fixed or minimum quantities to be purchased, fixed, minimum or variable price provisions, and the approximate timing of the transaction. These amounts are comprised primarily of open purchase order commitments entered in the ordinary course of business with vendors and subcontractors pertaining to fulfillment of the Company’s current order backlog.  The purchase obligations on open purchase orders were $0.5 million, $2.1 million and $3.8 million as of September 30, 2015, 2014 and 2013, respectively.

 

Product Liability

 

The Company has product liability insurance of $50,000,000.  The Company has not experienced any material product liability claims.

 

Legal Proceedings

 

In the ordinary course of business, the Company is at times subject to various legal proceedings and claims.  Except as set forth below with respect to the Delta matter, IS&S does not believe any such matters that are currently pending will have a material effect on its results of operations or financial position.

 

The Company previously announced that Delta Airlines (“Delta”) purported to terminate its contract with the Company to develop, manufacture and install new cockpit displays and certain navigation capabilities on Delta’s fleet of approximately 182 MD88 and MD90 aircraft. The Company initiated and engaged in a non-binding mediation with Delta on February 25, 2015. The mediation session did not resolve the dispute. On February 25, 2015, the Company filed a complaint against Delta in the United States District for the Eastern District of Pennsylvania for breach of contract. The Company has alleged in the case, captioned Innovative Solutions & Support, Inc. v. Delta Airlines, Inc. E.D. Pa. Civ. No. 15-959, that Delta’s purported termination of the contract was wrongful and in breach of the terms of the contract, and is seeking monetary damages. On March 20, 2015, Delta answered the Company’s complaint and filed counterclaims against the Company for breach of contract and breach of the duty of good faith and fair dealing, also seeking monetary damages. The parties are presently engaged in fact discovery. The outcome of the litigation is not determinable. The Company had $3.7 million of unbilled receivables and $0.2 million of inventory on its balance sheet relating to the Delta program at September 30, 2014 both of which are fully reserved.

 

On September 26, 2011, Farhad Daghigh, a former employee of the Company, filed a lawsuit against the Company in the Court of Common Pleas of Chester County (“the Court”) alleging breach of contract and violation of the Pennsylvania Wage Payment and Collection Law and claimed unpaid sales commissions, prejudgment interest, and liquidated damages totaling approximately $583,000 for the fiscal years ended 2007, 2008, 2009 and 2010, plus attorneys’ fees and costs. In June 2013, the Court found in favor of the plaintiff awarding him damages for breach of contract, violation of the Pennsylvania Wage Payment and Collection Law, prejudgment interest, and plaintiff’s reasonable attorneys’ fees.  The Company recorded an estimated total liability of $657,000, ( which includes the plaintiff’s estimated attorney’s fees), in selling, general and administrative expenses for the fiscal year ended September 30, 2013. The Company settled the matter with the plaintiff in December 2013.

 

On January 17, 2007 the Company filed suit in the Court of Common Pleas for Delaware County, Pennsylvania against Strathman Associates, a former software consultant for IS&S, alleging that Strathman had improperly used IS&S trade secret and proprietary information in assisting J2 and Kollsman in developing the J2/Kollsman Air Data Computer.  The case has not been resolved as of the date hereof.