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Home My WebLink AboutContracts & Agreements_1-1948 " slo sV 5-2 SM 47 CONTRACT ati40 LIV)FIPORATSIV Industrial Chemical Division with an office in Los Angeles California, hereinafter called"Seller," agrees to sell to hereinafter called "Buyer" and Buyer agrees to purchase from Seller merchandise herein, described during the period ofL*",*er , 1947 to awftbar 310 1948. and according to the terms and conditions named below Product— LIQUID CHLORINE Quality— Bear Brand Standard—product of Great Western Division The Dow Chemical Company, hereinafter called "Manufacturer" Quantity— As required for Buyers own use estimated at ,1, pounds, but not to exceed i0tv pounds, except at Seller's option Package— Cylinders of 100 and/or 150 pounds capacity, net weight Price--- osb, Net 30 days, in U S Legal Tender Terms-- trig:. Cylinders-- In the event the cylinders in which Chlorine is delivered under this contract are not returned to Manufacturers plant after a reasonable free-use period, Seller will invoice for value of cylinder which is as follows 150-pound capacity - - - - - $25 00 100 pound capacity - - - - - $2000 If after receipt of Seller's.invoice, .cylinders..are returned to Seller Buyer shall be an titled to a refund:of the.;amount paid, less,a charge for each cylinder of $3 00 per year or fraction thereof, commencing date Of.the deposit invoice In no event will the $3 00 per year use-charge exceed the value of the ,cylinder (s) Where the $3 00 per year use-charge equals value of cylinder (s) an cylinder`cs) itrek3cEi�� l,uedtoeter;� R,. ler will allow a fair market value for same Cylinders shall be returned in as good condition as when originally supplied.by Seller.and shall not have been:used for pur- poses other than storage of their original'.contents Above prices are F O.S. - A':pl _ _ _for shipment to m2 1 Buyer shall return empty cylinders tJ ant at " California, by freight transportation charges collect Buyer assumes responsibility for damage to cylinder (s) while in passession thereof Title to cylinder (s) shall in any event remain with Seller This agreement includes the provisions 1 to 11 inclusive, printed on the reverse side hereof Dated ,"ARMS 19 47 Seller=-MM"nV - RAR i Buyer TTY_OP RFnt`.ANT)_&- _ By do f Approved By GREAT WESTERN DIVISION //THE DC) CHEMICAL. COMPANY /B./fit/ GENERAL TERMS AND CONDITIONS 1 Buyer shall reimburse Seller for all taxes, excis 9 If any suit is instituted against Buyer for In- es or other charges which Seller may be required to fringement of any United States Letters Patent al pay to any government(National, State or Municipal) legmg that the goods furnished hereunder or Seller's upon the sale, production or transportation of the method of manufacturing the same infringe any such goods sold hereunder patent Seller shall at its own expense defend such suit against such allegations and shall pay any 2 Should the general market price on goods of like award of damages assessed against Buyer in any quality decline below that specified in this contract, such suit to the extent that such allegations are sus and Seller refuses to meet such competitive price, twined, provided Buyer gives Seller prompt notice in Buyer may purchase its current requirements in the writing of the institution of any such suit and permits open market, and the quantity so purchased during Seller to defend the same against such allegations, any such period shall zee deducted from the contract further provided, that if the goods covered by this contract are magnesium articles manufactured or 3 Buyer shall give Seller reasonable notice cover- fabricated in accordance with Buyer's specifications ing shipments and shall take deliveries in approx- designs, or directions, the patent protection here- imately equal monthly quantities except as may be in specified shall extend only to allegations that the otherwise provided herein, and if Buyer shall fail magnesium alloys from which such magnesium arti during any month to order out such monthly quota, cles are made, or the process used in manufacturing Seller may at its option cancel it from the contract such magnesium articles, are an infringement of ani, such patent, and Buyer shall indemnify and save 4 Seller may decline to make deliveries on this Sellar harmless from any allegations in any suit by contract, except for cash, whenever Seller for any a third party that the sale of such magnesium articles reason shall doubt Buyer's responsibility and so ad- to Buyer according to Buyer's specifications, designs vise Buyer or directions is an infringement of any United States 5 If Buyer fails to perform any of the terms of this Letters Patent . contract, Seller may, at its option defer shipments 10 Seller has the right from time to time to change until such default is made good, or may treat such on the first day of any month during the term covered default as final refusal to accept further shipments by this contract, for the succeeding month and there- hereunder after until further notice, the price, deliveries or terms of payment specified herein, provided Seller has G In the event of war, fire, flood, strike, labor given Buyer at least fifteen (15) days' written notice trouble, accident, riot act of government authority, of such change If this contract is entered into more acts of God, or contingencies beyond the reason- than fifteen days prior to the term covered by this able control of the parties interfering with the pro contract, such price, deliveries or terms of payment duction, supply, transportation, or consumption of may be changed by Seller effective with the first the goods covered by this contract, or with the sup- day of this contract upon giving such fifteen days' ply of any raw material used in connection there- written notice Buyers failure to serve Seller with with, quantities so affected may be eliminated from written notice of objection to such changed price, the contract without liability, but the contract shall deliveries or terms of payment prior to the effective otherwise remain unaffected Seller may during any date thereof shall be considered acceptance of such period of shortage due to any of said causes, pro change In the absence of such notice from Seller, rate its supply of such goods among itself,for its own it is understood that the price, deliveries or terms of manufacturing uses, and its contract customers, rrz.,. payment then in effect shah..,thereafter,_ m j .�;v w¢gi 93'iC4Y/d71'i'i`Sb}�,65?33�'SiY4L"3' sYt'htHYL St /;r 1 such manner as may be deemed equitalIe @e Failiiieouyer and eller to agree ori such changed price, deliveries or terms of payment after 7 In the event that the Seller is unable under ex- such notice by Seller, permits Seller to supply Buyer isting conditions to supply the total requirements of at the Then existing price, deliveries or terms of pay- all its customers for the said products, the Selier may ment during the month in question, or to cancel this distribute its available supply among its customers, contract upon fifteen (15) days' written notice to Buy or any of them, including Departments and Divisions er If Seller desires to revise the price, deliveries or of the Seller, on such basis as it may in its sole dis terms of payment pursuant to this paragraph, but is cretion deem fair and practical, and the Buyer here- restricted to any extent against so doing by reason by releases the Seller from liability for any resulting of any law, governmental decree, order or regula- incomplete fulfilment of this contract tion, or if the price, deliveries or terms of payment then in effect under this contract are nullified or re 8 Seller warrants the`goods furnished hereunder duced by reason of any law, governmental decree, shall be of the quality and specifications stated order or regulation, Seller shall have the right to herein., but its liability shall be limited to the sales cancel this contract upon fifteen (15) days' written price of the goods not meeting such warranty Seller notice to Buyer shall not be liable for any loss or damage result 11 This contract is not transferable nor assign- ing from the handling or use of the goods shipped able by Buyer but shall be binding upon and inure hereunder whether in manufacturing processes or to the benefit of the parties hereto and their re otherwise spective successors. r•' FST . MCKESS®N t. ROBBINS I N C O R P O R A T E D 200 S LOS ANGELES STREET LOS ANGELES 54, CALIF January 6, 1948 Mr. G. W. Coffey, City Services Manager City of Redlands Redlands, California Dear Mr. Coffey: Enclosed herewith please find completed copy of our Liquid Chlorine Contract for your files. it has been a real pleasure to serve you in the past and, we anticipate the continuance of such relationship in the coming year. Very truly yours, MC KESSON & ROBBINS I NCORPORATEB.,,; _ , y Manager,, Chemical Division I Encl. (1) blw/lm c� ► per, 78 D Wit I