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Home My WebLink AboutContracts & Agreements_1-1947 TERMINAL ANNEX P 0 BOX 3010 Los Angeles, California February 5, 1947 City of Redlands Redlands, California Attention: Mr. G. W. Coffey Gentlemen: We return herewith your copy of the completed contract covering your re- quirements of Liquid for the year 1947. We would like at this time to thank you for your many past courtesies to our company, and assure you that your business has been greatly apprec- iated. Thanking you again, we remain, Very truly youra, MC KESSON & ROBBINS, INCORPORATED ce L. Wilcox Manager, Chemical O inion BLWsrg Enol. �L f 9L9YsiGEO'� � f �� CONTRACT with an office in 0$= " , California, hereinafter called "Seller," agrees to sell to 1 ` :" � b of l�° t' J, VA hereinafter called "Buyer," and Buyer agrees to purchase from Seller merchandise herein described during the period of December 31, 19 46, to December 3I 19 47, 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 requirements. for Buyer's own use estimated at 2 pounds, but not to exceed 74CM pounds, except at Seller's option, and subject to any restrictions established by the Federal Government Package— Cylinders of 100 and/or 150 pounds capacity net weight. Price W_. . . ,..:. m rids Cylinder In consideration of Seller delivering Chlorine cylinders to Buyer without requiring Deposit cash deposit to cover their cost and to insure payment of rentals after 90 days free use Rental thereof, Buyer agrees to pay rental for all cylinders not shipped back to Seller's and/or Manufacturer's plant at , California, within 90 days from date of original shipment from Sellers and/or Manufacturer's Plant, (date of return bill of lading) to govern at the rate of $100 per cylinder per month or fraction thereof, payable monthly in advance Such rental charges accrued and paid are not refundable nor will they be applied against deposits In lieu of paying rentals on cylinders Buyer may make a deposit on such cylinder(s) at the rate of $20 00 per cylinder of 100 pounds capacity; $25 00 per cylinder of 150 pounds capacity Deposits will be refunded upon final return of cylmder(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— LosAvow prices are F O.S eTY - .K' for shipment to fledlands, Cadif0=1e. —hereby agrees to Pay return transportation charges on empty cylinders Great 'kastewn Div—Dow �G'qeia_tcal Co, Amaleas Ga r turn, empty cylinders to - plant at California by freight transportation charges---- " -_—__over the some routing as received. (Continued) FORM sx RM 11 as Buyer assumes responsibility for damage to cylinder (s) while in possession thereof Title to cylinder (s) shall in any event remain %vith Manufacturer Seller and/or Manufacturer guarantees only the standard quality of this Chlorine and its adherence to published specifications 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 imperfections 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 governing un loading, 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 or transportation 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 he 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 responst Wily 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, fire, flood, strike, labor trouble, accident, riot act of governmental authority act of God or other contingencies beyond the control of the parties interfering with the production supply transportation or consumption of the goods covered by this con tract 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 here under 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 Manufacturer). If any suit is instituted against Buyer for infringement of any United States Letters Patent alleging that the goods furnished hereunder are an infringement of any such paten) or were manufactured by a process which infringed any such patent, Manufacturer shall at its own expense defend such suit against such allegations and shall pay any award of damages assessed against Buyer in any such suit to the extent that such allegations are sustained, provided Buyer gives Manufacturer prompt notice in writing of the institution of any such suit and permits Manufacturer to defend same against such allegations Seller has the right from time to time to change on the first day of any 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 least fifteen (15) days written notice of such change Buyer's failure to serve Seller with written notice of objection to such changed price or prices prior to the effective date thereof shall be considered acceptance of such change In the 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 Buyer and Seller to agree on such changed price or prices after such notice by Seller permits Seller to supply Buyer at the then existing price during the calendar quarter yearly period in question or to cancel this contract upon fifteen(15)days written notice to Buyer If Seller desires to revise the price pursuant to this paragraph but is restricted to any extent against so doing by reason of any law,governmental decree,order or regulation, or if the price then in effect under this contract is nullified or reduced by reason of any law, governmental decree, order or regulation, Seller shall have the right to cancel this contract upon written notice to Buyer This contract is not transferable nor assignable by Buyer but shall be binding upon and inure to the benefit of the parties hereto and their respective successors This contract shall not become effective unless and until approved in writing by the Manufacturer f Dated .eL 7 � -� - ..._a�e. ..� ✓'/ Buyer , ' C, By Approved By s GREAT WESTERN DMSION r HEP CHEMIC. COMPANY B Y M 79 TERMINAL ABX P 0 BOX 3010 Los Angeles, California June 10, 1947 City of Redlands Redlands, California Gentlemen: In accordance with the terms of our contract relative to the quarterly adjustment clause, we Irish to advise you that effective July 1, 1947 we are 3.nereasing the prices on Liquid Chlorine. The new schedule on any quantity will be as follows: 100# Cylinders------------- llOb nppez� lb. 150 +�linders�..-----®.,..�.....---s"94'F per The All other tens and conditions will remain the saine. We regret that sura an adjustment is necessary. The manu- facturer has indicated that this is due to over-all in- creased costs. We trust this will meet with your approval, and assure you that, as in the past, your orders will re- ceive our prompt attention. Very truly yourg, CIESSON & ROBBINS, IhOORPORATED Manager Chemical Division BLW:ah �Gy(E5 S O,l. �rvmkcF`®