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Commitments and Contingencies
12 Months Ended
Sep. 30, 2016
Commitments and Contingencies.  
Commitments and Contingencies

 

14.  Commitments and Contingencies

 

Operating Leases

 

Rent expense under operating leases totaled $83,000, $73,000 and $69,000 for the years ended September 30, 2016, 2015 and 2014, respectively. Future minimum lease payments under non-cancelable operating leases are $77,000 and $40,000 for the years ended September 30, 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 $0.9 million, $0.5 million and $2.1 million as of September 30, 2016, 2015 and 2014, 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 Court 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 have completed discovery and have each filed motions for summary judgment, which motions the court has not yet ruled on.  The outcome of the litigation is not determinable at this time. The Company had $3.6 million of unbilled receivables and $0.2 million of inventory on its balance sheet relating to the Delta program at September 30, 2016 both of which are fully reserved.