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Home My WebLink AboutContracts & Agreements_3-37 M �6 A I " DIVISION �Ic.I.I SS0N ROI3I3INS a°Kssso� 1N CO RP0RAI'I.D S E 12 V I C E W 1°1 O h E S A L E 1) 11 L G G I S T S LOS ANGELES, CAET 01ZN1A February 4, 3.93'7 City of Redlands Redlands California Attention' Mr. M. Bruggemeyer Gentlemen- Enclosec is your copy of our signed contract on LIQUID CHLORINE for 1937 Our representative , Mr Simpson, and ourselves wish to thank you for placing your contract with us again this yep r, and we will do our utmost to give you satisfactory service at all tinges, Complying with the r,lanufpcturer' s scheoule for 1937 , they make it necessary for us to bill Liquid Chlorine on the basis cf "net 30 nays" . McK ESSOA-- �,- ROBBII�S , INCORPORATED zest,er ',V 3tsa e Divi on Industrial. Chemical Department RGV. fj Enc 7- /1 ` SALES MEMORANDUM MCKESSON-WESTERN WHOLESALE ................................�Q�NJYiO.N..Ms•:.1LE83ol�..r�.i3oanl s..-��iccrxr"c rE.R)..----------••-.......-- ---- Sales Agent f or GREAT WESTERN ELECTRO-CHEMICAL CO. Executive and Sales Offices- 9 MAIN STREET,SAN FRANCISCO Plant PITTSBURG, CALIF MCKESSON-WESTERN WHOLESALE (DIVISION MCKE_SON & ROBBINS INCORPORATED) , hereinafter called SELLER, acting as selling agent for GREAT WESTERN ELECTRO-CHEMICAL CO of San Francisco, a corporation of California, hereinafter called MANUFACTURER, hereby agrees to sell, and CITY OF REDLANDS Water Department, Redlands, California hereinafter called BUYER, herly agrees to buy, at the price and upon the terms and conditions hereinafter specified, BUYER'S entire requirement of Liquid Chlorine for BUYERS own use, estimated at but not to exceed for period beginning January 1, 1937 and ending December 31, 1937 CONTAINERS. The Liquid Chlorine supplied under this contract will be shipped in cylinders containing net, as specified by BUYER In consideration of SELLER delivering Chlorine cylinders to BUYER without requiring cash deposit to cover their cost and to insure payment of rentals after 90 day a free use thereof, BUYER agrees to pay rental for all cylinders not shipped back to Seller , within 90 days from date of shipment from SELLER'S warehouse (date of return bill of lading to govern) at the following rates $1.00 per cylinder er month or fraction thereof Rentals for cylinders kept over 0 days are payable monthly in advance In lieu of paying rentals on cylinders BUYER may make a deposit on such cylinder (s) at the following rates $ 15.00 per cylinder of 100 pounds. $ 20.00 per cylinder of 150 pounds $200.00 per cylinder of 2000 pounds. Title to cylinder (s) shall in any event remain with MANUFACTURER. Rental charges accrued and paid are not refundable Deposits will be refunded upon final return of cylinder (s) in good condition to MANUFACTURER'S plant, less depreciation at the rate of 10% per annum, on cylinders retained more than one year. BUYER assumes responsibility for damage to cylinder (s) while in possession thereof Payment of invoice for Chlorine shipped in any cylinder is acknowledged by BUYER to be a receipt for the cylinder in which such Chlorine was shipped and is an acceptance of the obligation outlined herein PRICE. The price for Chlorine supplied under this contract will be fixed by the quantity shipped to a single destination at one time and the size cylinder ordered in accordance with the following schedule 1 x 150-pound cylinder per cwt. $8.25 2 to 24 x 150-pound cylinders,per cwt 7.75 Net TERMS. 10th of month following purchase These prices cover Chlorine f.o.b. Los Angeles and Seller hereby agrees toay return transportation charges on empty cylinders BUYER is hereby instructed to return empty cylinders to Selfer' s Warehouse, 219 S. San Pedro St. at Los Angeles , California, by freight, transportation charges collect , over same trans- portation facilities as received BUYER expressly agrees not to resell any portion of the goods supplied under this contract MCKESSO STERN WHOLESALE ESALE CITY OF REI} S Buyer {A1VISION ESSON & RoABINs. 1NCORPORATfiD) Agent .._................................................... .......................... .....-....... ...... ....................................-.-...-..--........«....................... C r By . .. .. . ... By.... ............................ .......................................... a-�- Ar�.e. S.er.t.ry Approved GREAT P i`I;N�ELECiE10 CHEMICAL OMPANY i (Subject to conditions on i everre rade hereof) ....... ... ................................. ,y EXPRESS SHIPMENTS Where shipments are made by express the difference between freight and express charges shall be paid by BUYER INVOICES Invoices shall state gross,tare and net weights Each shipment to constitute a separate sale, but failure of BUYER to fulfill terms of payment or to accept any goods tendered in accordance herewith shall, at SELLER'S option, operate as an express refusal to receive any and all further goods All claims for errors or imperfections shall be waived unless made in writing by BUYER to SELLER within ten days after delivery of goods Payment shall be made at the office of SELLER in Legal Tender of the United States Upon ten days default by BUYER in making any payment hereunder, all unpaid accounts of record shall im inediately become due and payable Should BUYER S credit become impaired or be deemed unsatisfactory by SELLER, SELLER may, during such delinquency require prepayment for all deliveries hereunder but failure to cancel and/or demand prepayment will not constitute a waiver by SELLER of any such rights in the future All overdue payments shall bear interest at the legal rate until paid It is understood that SELLER intends to make deliveries under this contract from merchandise produced in MANUFACTURER S plant at Pittsburg Calif, and -€Iso that it will make other contracts with other buyers relying on the same source of supply Neither of the parties hereto shall be fable for damages or delays occasioned by or arising from Iabor disturbances, riot, fire, earthquake, war, or total or partial failure of transportation facilities, or any other cause beyond the reason able control of the parties During any cessation or delay in deliveries hereunder, due to any of said causes,BUYER may, it its own cost and expense, and without any claim or charge on account thereof against SELLER, purchase its requirements of the above noted merchandise from any other source MANUFACTURER may during any period of shortage due to any of said causes, pro rate its supply of such merchandise among its Buyers under this and other con tracts in such manner as may be deemed equitable There are no understandings or agreements relative to this contract or its subject matter that are not fully ex pressed herein This contract is not assignable by act of BUYER or by operation of law without the consent, in writing, of SELL ER, but at SELLER S option shall be binding upon BUYER S heirs, successors and/or assigns The Buyer shall reimburse the Seller for all taxes, excises or other charges which the Seller may be required to pay to any government (National, State or Municipal) upon the sale, production or transportation of the commodities sold hereunder The price fixed herein is predicated upon the Manufacturer's present costs In the event that due to increased cost of labor,materials or transportation,or due to increased or new taxes, or due to compliance with any law, code or agreement imposed or entered into pursuant to governmental authority,or due to any other cause beyond the control of the Manufac- turer the cost of manufacturing,producing, selling or transporting said commodity shall be increased,the amount of such increased cost shall be added to the price specified herein, at the option of the Seller, such added cost to be effective upon the expiration of ten days notice in writing to the Buyer,provided, however, that the Buyer at his option, at any time within said period of ten days, may, by written notice to the Seller, terminate this agreement Nothing in this agreement shall constitute an obligation on the part of Buyer to purchase materials in excess of Buyer's actual requirements during the period of the contract SELLER guarantees only the standard quality of this chlorine and its adherence to published specifications of Manu facturer,if any Recommendations of Manufacturer for use of the product are based upon tests believed to be reliable but Manufacturer makes no guarantee of the results to be obtained MANUFACTURER not to be held liable for failures in deliveries due to or resulting from fire, flood, eXPIosinn, strike, embargo, Government requisition, or any other contingency, circumstance or event beyond the control of the Manufacturer and/or Seller,or for the failure of discharge or unloading implements or materials used by Buyer (whether or not supplied by Manufacturer and/or Seller) BUYER assumes full responsibility and liability for compliance with federal State, Municipal and local regula tions governing unloading, discharge, storage, handling and use of chlorine supplied by Seller under this contract