Can this list be signed electronically?

Yes. Under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, electronic signatures are legally enforceable if intent, consent, attribution, and retention requirements are met. Exceptions for wills and certain court filings still apply.

Is notarization required for exclusions?

Not generally. Most jurisdictions do not require notarization for commodity exclusion lists unless the list is attached to a document that itself requires notarization, such as certain deeds, powers of attorney, or court filings. Check relevant state law and contract terms.

What supporting documents should I include?

Include copies of the governing contract clause, purchase orders, invoices, commodity codes (UNSPSC/HTS), and any regulatory citations. When applicable, attach change orders, safety data sheets, or HIPAA authorizations. Clear supporting documents reduce audit friction and speed dispute resolution.

How should I store signed lists?

Retain signed PDFs with an audit trail in a secure records system supporting TLS and AES-256 encryption. Apply role-based access controls, index by contract and date, and preserve exports for the applicable retention period required by IRS, HIPAA, or state law.

Who may sign on behalf of an organization?

An authorized signatory with delegated authority may sign; this is usually an officer, procurement manager, or designated contract administrator. Document delegation in corporate resolution or authorization letter and capture name, title, and date to ensure enforceability and clear attribution.

Can state rules change signature requirements?

Yes. Signature, notarization, and witness rules vary by state and may change. ESIGN preempts inconsistent laws for interstate transactions, but local UETA or state statutes govern intrastate matters. Verify current state rules with the Secretary of State or legal counsel before execution.

Electronic Signature
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Miscellaneous
Miscellaneous Excluded Commodity List

Miscellaneous Excluded Commodity List

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Miscellaneous Excluded Commodity List and Exclusion Agreement

This Miscellaneous Excluded Commodity List and Exclusion Agreement (the Agreement) is entered into between:

Supplier Name: Buyer Name:

Agreement Effective Date:

WHEREAS

WHEREAS, Supplier supplies miscellaneous commodities, products and related services to Buyer under certain purchase orders and master supply agreements; and

WHEREAS, the parties desire to identify and document specific commodities, products, or categories that are excluded from supply, warranty, pricing, or other obligations between the parties as set forth in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows.

Scope of Work

Description of Scope (describe scope covered by supply obligations and how excluded commodities relate):

Excluded Commodity List

The following commodities, products or product categories are expressly excluded from supply obligations, price guarantees, warranties or other obligations of Supplier under this Agreement and any related purchase orders, unless separately agreed in writing.

#	Commodity Description	Commodity Code	Reason for Exclusion	Effective From	Effective To	Permanent
1
2
3
4
5

If additional commodities are excluded, attach an addendum listing the commodity description, code, reason and effective dates and reference it here:

Payment Terms

Aggregate Payment Amount for Work Covered (if applicable): Payment Schedule and Method: Late Payment Fee:

Term and Termination

This Agreement shall commence on and shall continue until unless earlier terminated in accordance with this Agreement.

Termination Notice Period (days):

Either party may terminate this Agreement for material breach by the other party that is not cured within the notice period set forth above; termination shall not relieve the breaching party of obligations accrued prior to termination.

Confidentiality

Each party agrees that Confidential Information disclosed by one party to the other in connection with this Agreement shall be held in confidence and used only to perform obligations under this Agreement. Confidential Information shall include, without limitation, pricing, technical specifications, commercial terms, and the Excluded Commodity List, whether marked confidential or reasonably understood to be confidential.

Confidentiality obligations shall survive expiration or termination of this Agreement for a period of years, except to the extent a longer period is required by applicable law.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of , without regard to conflict of laws principles.

Indemnification

Each party shall indemnify, defend, and hold harmless the other party from and against losses, claims, damages, liabilities and expenses arising from the indemnifying party's breach of this Agreement, negligent acts, omissions, or willful misconduct, except to the extent caused by the indemnitee's own negligence or willful misconduct.

Entire Agreement

This Agreement, including any attached addenda or schedules, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations and warranties, both written and oral.

Amendment and Notices

Any amendment to this Agreement must be in writing and signed by authorized representatives of both parties. Notices under this Agreement shall be delivered to the contact information set forth below.

Supplier Contact for Notices: Buyer Contact for Notices:

Acknowledgment

By signing below, the undersigned representatives certify that they are authorized to execute this Agreement on behalf of the named party, that they have reviewed and accept the Excluded Commodity List as stated herein, and that all information provided in this form is true and correct to the best of their knowledge.

Party A (Supplier) - Printed Name:

By (Supplier Signature):

Date:

Party B (Buyer) - Printed Name:

By (Buyer Signature):

Date:

What the Miscellaneous Excluded Commodity List Is

The Miscellaneous Excluded Commodity List is a standardized record used by businesses and agencies to identify goods or items that are excluded from a primary goods schedule, tariff classification, or procurement lot. It lists commodity descriptions, exclusion reasons, effective dates, and any controlling authority or contract clause. Organizations use this list to document exceptions, clarify procurement scope, and support compliance with internal policies and external regulations. The form is typically attached to contracts, bids, or shipping documents to ensure consistent treatment across stakeholders and audits.

Why a Clear Excluded Commodity List Matters

Using a Miscellaneous Excluded Commodity List reduces ambiguity about which items fall outside contractual or tariff coverage, aids audit readiness, and creates an auditable record for procurement and logistics teams. It supports consistent decisions and reduces disputed shipments or invoice rejections.

Who Typically Prepares and Uses This List

Typical users include procurement officers, compliance teams, shipping managers, and contract administrators responsible for classification and exclusions.

Procurement teams: clarifies excluded items during sourcing and purchase order issuance.
Logistics and shipping: documents items not subject to standard handling or tariffs.
Compliance and audit: preserves rationale for exclusions and supports regulatory review.

Small teams and enterprise groups alike rely on the list when contract scope, customs, or tariff treatment must be explicitly documented.

Step-by-Step: Completing the Excluded Commodity List

Follow these steps to complete the Miscellaneous Excluded Commodity List accurately and create an auditable record for procurement and compliance.

01

Prepare Document: Gather contracts, invoices, and commodity codes before entry.
02

Record Item: Enter description, code, and exclusion reason.
03

Cite Authority: Reference contract clause or regulation supporting exclusion.
04

Approve & Retain: Capture approver identity and retain signed copy.

How the List Flows Through an Organization

Typical routing shows how the list moves between procurement, compliance, logistics, and contract owners for review and recordkeeping.

Upload: Attach list to contract record and relevant purchase order.
Assign Review: Route to compliance and procurement for concurrence.
Sign: Obtain authorized signature or electronic approval with timestamp.
Archive: Store PDF and audit trail in records management system.

Recommended Digital Workflow Settings

Configure a digital workflow to validate fields, require approver authentication, and capture audit data automatically during submission.

Field	Configuration
Required Fields	Item, code, and exclusion reason set as required fields.
Authentication	Email link plus optional SMS code.
Conditional Logic	Show authority field when 'contractual' selected.
Retention Action	Auto-archive signed PDF and save audit trail.

Technical Considerations for eSubmission and Storage

Electronic submission supports PDF, DOCX, and structured data exports and integrates with cloud storage and ERP systems for automation.

Formats: PDF, DOCX, and CSV exports supported.
Integrations: Salesforce, NetSuite, Google Drive.
Security: TLS in transit; AES-256 at rest.

Key Timing and Submission Expectations

Key dates and filing expectations for lists tied to procurement cycles, invoices, and tax or customs reporting obligations.

Submission upon regulatory or payer request:

Provide when payer or regulatory authority requests documentation.

Attach list before contract execution or renewal:

Attach before contract execution or per contract schedule.

Customs and export reporting window tied to shipment:

Match shipment date; ensure exclusion noted on export docs.

Retention start date for this exclusion record:

Starts on effective date or date of signature.

Time to produce records for audit requests:

Produce records within 30 days when requested by auditors.

Milestones from Identification to Archival

Major processing milestones from initial identification through approval, publication, and archival of excluded commodity entries.

01

Identify Exclusion

Determine item and basis for exclusion; document supporting evidence.

02

Internal Review

Route to procurement and compliance for concurrence and comments.

03

Authorized Approval

Obtain signature or authenticated e-approval from designated authority.

04

Publish and Archive

Attach to contract records and archive signed PDF with audit trail.

Common Preparation Pitfalls to Avoid

Failing to cite the controlling authority makes the exclusion vulnerable to challenge and can lead to reclassification, tariffs, or invoice adjustments.
Using inconsistent commodity codes across systems causes reporting errors, customs delays, and may trigger penalties or additional administrative costs.
Entering vague descriptions or abbreviations increases audit friction and often requires manual follow-up to resolve identity and classification issues.
Neglecting to capture approver identity, date, or signature undermines enforceability and complicates dispute resolution with vendors or regulators.

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit, AES-256 at rest

Audit Trail: Full timestamps, IP addresses, and action logs

HIPAA Compliance: HIPAA BAA available for protected health information

21 CFR Part 11: Support for 21 CFR Part 11 record controls

Access Controls: Role-based permissions, SSO, and MFA options

Data Residency: EU-U.S. Data Privacy Framework and GDPR support

Primary Risks and Potential Penalties

Tariff Liability: Additional duty assessed

Customs Penalties: Fines and shipment delays

Audit Exposure: Increased risk of regulatory review

Contract Disputes: Vendor claims or chargebacks

Tax Reporting: Incorrect codes trigger IRS inquiries

Operational Delays: Order holds and costs

eSignature Vendor Pricing and Feature Snapshot

Basic vendor pricing and feature comparison for eSignature solutions relevant to executing the Miscellaneous Excluded Commodity List.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions

Frequently asked questions about preparing, signing, and storing a Miscellaneous Excluded Commodity List, including eSignature and legal concerns.

Need help? Contact support

Can this list be signed electronically?
Yes. Under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, electronic signatures are legally enforceable if intent, consent, attribution, and retention requirements are met. Exceptions for wills and certain court filings still apply.
Is notarization required for exclusions?
Not generally. Most jurisdictions do not require notarization for commodity exclusion lists unless the list is attached to a document that itself requires notarization, such as certain deeds, powers of attorney, or court filings. Check relevant state law and contract terms.
What supporting documents should I include?
Include copies of the governing contract clause, purchase orders, invoices, commodity codes (UNSPSC/HTS), and any regulatory citations. When applicable, attach change orders, safety data sheets, or HIPAA authorizations. Clear supporting documents reduce audit friction and speed dispute resolution.
How should I store signed lists?
Retain signed PDFs with an audit trail in a secure records system supporting TLS and AES-256 encryption. Apply role-based access controls, index by contract and date, and preserve exports for the applicable retention period required by IRS, HIPAA, or state law.
Who may sign on behalf of an organization?
An authorized signatory with delegated authority may sign; this is usually an officer, procurement manager, or designated contract administrator. Document delegation in corporate resolution or authorization letter and capture name, title, and date to ensure enforceability and clear attribution.
Can state rules change signature requirements?
Yes. Signature, notarization, and witness rules vary by state and may change. ESIGN preempts inconsistent laws for interstate transactions, but local UETA or state statutes govern intrastate matters. Verify current state rules with the Secretary of State or legal counsel before execution.

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