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Home My WebLink AboutContracts & Agreements_1-1941 M 78 Al 2 3 ` WESTERN WHOLESALE DIVISION i'M & I STREETS 200 SOUTH IAS 1NGEI.ES STRETT Isr & JACKSON STREFr.S SANT DIEGO LOS ANGEIES CAIIFORIVIA PHOENIX Los Angeles, California February 27, 1941 City of Redlands Redlands California Gentlemen: Thank you very couch for your acceptance of our contract to cover your Liquid Chlorine to :december 31, 194.1• We appreciate the business that it represents. A copy of this completely executed agree- ment is enclosed for your fi les . Yours very truly, LCKESSON & R031I ,11TS , INC . RGTMT:ca 1n ustrial Chemical .dept. X I J F530 W� u lrawe P. a��ap� � CONTkACT F �watt with an office in LOS A $= , California hereinafter called "Selle ", agrees to sell CITY OF REDLANDS, of BE'DLANDS 0 CALIFORNTA- hereinafter called "Buyer," and Buyer agrees to purchase from Seller merchandise herein described during the period of TAN. 11, 1941 to DEC- 319 1941 and according to the terms and conditions named below- Article-- LIQUID CHLORINE Quality— Bear Brand Standard—product of Great Western Division The Dow Chemical Company,hereinafter called "Manufacturer" Quantity— Buyer's entire reRliirem�gp for Buyer's own use estimated at 150 pounds, but not to exceed 1000 pounds/except at SelIer's option per mo. Package-- Cylinders of 100 and/or 150 pounds capacity, net weight Price— 180 pound cylinder, 150 pound cylinder 1 cylinder 8.75 8,,25 2-24 8.25 7.75 Cylinder In consideration of Seller delivering Chlorine cylinders to Buyer wid.,j,.t i:.4_iring cash deposit Deposit to cover their cost and to insure payment of rentals after 90 days free use thereof, R�yer agrees Rental— to pay rental for all cylinders not shipped back to Seller's and/or Manufacturer's plant at Los Angeles , California, within 90 days from date of original .t . from Seller's q�j/or.�€�J�ly rfiir�r'S Plant, (date of return bill of lading to govern) at the rate of 8100 per cylin er per mont or Traction thereof,payable monthly in advance.Such rental charges accrued and paid ark f}pt fP Vudable, nor will they be applied against deposits In lieu of paying rentals on cylinders Buyer may make a deposit on such cylmder(s) at the rate of $1.5.00 per cylinder of 100 pounds capacity; $20 00 per cylinder of 150 pounds capacity. Deposits will be refunded upon final return of cylinder(s) in good condition to Seller's and/or Manufacturer's plant,less depreciation of 10% per annum on cylinders retained over one year Terms— Net 30 days, in U.S. Legal Tender. Remarks— Buyer assurnes responsibility for damage to cylinder (s) while in possession thereof Title to cylinder (s) shall in any event remam with Manufacturer Seller and/or Manufacturer guarantees only the standard quality of this Chlorine and its adherence to published specifica- tions of Manufacturer, if any Recommendations of Manufacturer for use of the product are based upon tests believed to be reliable but Seller and/or Manufacturer makes no guarantee of the results to be obtained. All claims for errors or imperfec- tions shall be waived unless made in writing by Buyer to Seller within ten days after delivery of goods. Buyer assumes full responsibility and liability for compliance with Federal, State, Municipal and local regulations govern- ing unloading, discharge, storage, handling and use of Chlorine supplied by Seller under this contract Buyer shall reimburse Seller for all taxes, excises or other charges which Seller may be required to pay to any government (National, State or Municipal) upon the sale,production of waiup i.:.ation of the goods sold hereunder Should the general market price on goods of like quality decline below that specified in this contract, and Seller_refuses to meet such competitive price, Buyer may purchase its current requirements in the open market, and the quantity so purchased during any such period shall be deducted from the contract. Buyer shall give Seller reasonable notice covering shipments and shall take deliveries in approximately equal monthly quantities except as may be otherwise provided herein, and if Buyer shall fail during any month to order out such monthly quota, Seller may at its option cancel it from the contract. Seller may decline to make deliveries on this contract,except for cash, whenever Seller for any reason shall doubt Buyer's responsibility and so advise Buyer If Buyer fails to perform any of the terms of this contract, Seller may, at its option, defer shipments until such default is made good,or may treat such default as final refusal to accept further shipments hereunder In the event of war, fine, flood, strike,labor trouble, accident, riot, act of governmental authority, act of God, or other con- tingencies beyond the control of the parties, interfering with the production, supply, transportation or consumption of the goods covered by this contract, or with the supply of any raw material used in connection therewith, quantities so affected may be eliminated from the contract without liability,but the contract shall otherwise remain unaffected Seller may, during any period of shortage due to any of said causes,prorate its supply of such merchandise among its Buyers under this and other contracts in such manner as may be deemed equitable Seller and/or Manufacturer shall not be liable for any loss or damage resulting from the handling or use of the goods shipped hereunder whether in manufacturing processes or otherwise, nor shall Seller and/or Manufacturer be liable for the failure of discharge or unloading implements or materials used by Buyer (whether or not supplied by Seller and/or Manu- facturer) If any suit is instituted against Buyer for infringement of any United States Letters Patent alleging that the goods fur- nished hereunder are an infringement of any such patent or were manufactured by a process which infringed any such patent, 1 ��f { truer shall at its own expense defend such suit against such allegations and shall pay any award of damages al'w��'gM ainst Buyer in any such suit to the extent that such allegations are sustained, provided Buyer gives Manufac- turer prompt notice in writing of the institution of any such snit and permits Manufacturer to defend same against such allegations Seller has the right from time to time to change on the first day of January, April, July or October during the term covered by this contract,for the succeeding quarter,the price or prices specified herein,provided Seller has given Buyer at Ieast fifteen (15) days' written notice of such change Buyer's failure to serve Seller with written notice of abjection to such changed price or prices prior to the effective date thereof shall be considered acceptance of such change. In tfiie absence of such notice from Seller it is understood that the price or prices then in effect shall continue in effect for the next calendar quarter-year Failure of Buye�F g ij ^ Jig to agree an such changed price or prices after such notice by Seller,permits SeUer to supply Buyer at the then is ui p e during the calendar quarter-yearly period in question or to cancel this contract upon fifteen (15) days' written notice to Buyer. This contract is not transferable nor assignable by Buyer but shall be bmdmg upon and inure to the benefit of the parties hereto and their respective successors. This contract all not become effective unless and until approved in writing by the Manufacturer. William zW az&% Trustee r For Est&* of McKeison .i iwubins, Inoorporated, Debtor Date N Seller BuyerC14 OF RFDLANM By By� — Approved. GREAT WESTERN DIvisio I THE Dow CHEMICAL COMPANY Y By �. Monte x000-a•�o