HomeMy WebLinkAboutContracts & Agreements_6-1948 WESTINGHOUSE FORM 25455
FORM E
PURCHASE OF WESTINGHOUSE LARGE LAMPS
(BOTH ELECTRIC DISCHARGE AND FILAMENT LAMPS)
Agrl'Il1tI lit.made this................w.. .......l6 t.h.....................-..-------...-day of...............J.1117.........................-...................-194.-8 - between
WESTINGHOUSE ELECTRIC 'CORPORATION, a Pennsylvania corporation (hereinafter called manufacturer), through
its WESTINGHOUSE LAMP DIVISION, and.................... i t..Y..Of R.®d1a.rids................................................
Red lands Cal if. Cit Hall
af .......................-.......------. - ............................................_............... ..................-----..... Y
l Y) (swte) (sucet addrpe)
(hereinafter called purchaser)
1. The purchaser, desiriing to purchase Large Lamps agrees to take within one (1) year from date
hereof and to pay for in accordance with the terms of payment herinafter specified, a quantity of WESTINGHOUSE
Large Lamps of the sizes, types and classes listed in the manufacturer's "Standard Price Schedule of
WESTINGHOUSE Large Lamps" in effect at the date hereof and forming part hereof, which shall not exceed the
purchaser's own requirements of such lamps for installation within domestic territory (as defined in the manu-
facturer's Schedule of Transportation Allowances), during the period of this contract in lighting apparatus or
devices either owned, controlled or used by the purchaser No lamps other than said WESTINGHOUSE Large
Lamps, shall be considered in arriving at the price which the purchaser agrees to pay for lamps purchased under
this contract, nor shall the requirements of any other party be Joined with those of the purchaser for the pur
pose of determining the discount to which the purchaser is entitled.
2 The purchaser estimates that its purchases under this contract will amount to not Iess than
600.00
................................................................................._........--dollars net value in accordance with the manufacturer's
current price schedules, and the manufacturer accepts the above estimate 'as a basis for billing only and agrees
to invoice the lamps covered by said schedules at the following discounts from the list prices given in the
schedules
DISCOUNTS USED AS A BASIS FOR BILLING
(FOR IMMEDIATE DELIVERY TO ONE POINT)
ALL PURCHASES EXCEPT BROKEN PACKAGES OF LESS THAN $15 LIST VALUE........ . .............°,a
BROKEN PACKAGES OF LESS THAN $15 LIST VALUE „2 ..............°Jp
The manufacturer expressly reserves the right to change said schedules,including the list prices, extra charges
and rates and bases of discount, and to modify or eliminate sizes, types and classes, as it shall see fit and the
schedules in their amended form shall be part of this contract. It is agreed, however, that the-n-et invoice-price
to the purchaser for each lamp shall be, from time to time during the period covered by this contract, as low as
the price therefor allowed by the manufacturer during the same time or times to any other purchaser hereafter
entering into a like form of contract with the manufacturer and purchasing under said contract said WESTINGHOUSE
Large Lamps of the same types and classes in the same amount and under the same conditions. In the event of
an increase by the manufacturer of the net price payable hereunder, the purchaser may cancel and terminate this
agreement by giving five days' notice in writing to the manufacturer, without liability under Section 5 hereof.
Changes in the schedules may be made by the manufacturer without notice to the purchaser other than the manu
facturer's regular printed notice to the trade announcing such change, and shall become effective as of the date
specified in such printed notice In any event, the prices payable by the purchaser hereunder shall be increased
by an amount equal to the taxes and charges which are now, or may hereafter be, levied, imposed or charged
(whether by federal, state, municipal or other public authority) with respect to the sales of lamps hereunder
3. The purchaser agrees that it will pay each invoice for lamps not later than thirty (30) days
from the date of the invoice, and the manufacturer agrees that if payment of any invoice is made within ten
(10) days from date of same, two per cent (2of�o) may be deducted from the net amount thereof
si+
4. The manufacturer agrees that should the lamps ordered and paid for by the purchaser
under this contract reach an amount entitling the purchaser, in accordance with said schedules, to a discount
greater than that used for billing, the manufacturer will credit the purchaser's account with an amount equal
to the difference between the price at which the lamps have been invoiced and the price to which the purchaser
is so entitled
5. The purchaser admits and agrees that payment of the manufacturer's invoices rendered
on the billing basis provided for herein shall not be considered as payment in full should the purchases under
this contract be less than the amount on which the billing discount is based, and agrees that if the amount
purchased is less than the amount used as the basis for the billing discount it will pay, in addition to the net
billing price, within thirty (30) days after demand, an amount equal to the difference between the net billing
price of the lamps purchased and the price to which it is actually entitled on such lamps in accordance with
said schedules.
b. The purchaser agrees to pay transportation charges in accordance with the manufacturer's
Schedule of Transportation Charges which is subject to change without notice
7. The manufacturer shall not be obligated to supply lamps hereunder in excess of or in addition
to the purchaser's said own requirements. If the purchaser shall fail to pay any invoice when due, the manu-
facturer may suspend further deliveries until all indebtedness of the purchaser to it has been paid in full and,
if such default in payment shall continue for ten days or more, or if the purchaser shall order lamps in excess
of its said own requirements, then and in any such event the manufacturer may cancel and terminate this
agreement forthwith If at any time the credit of the purchaser shall, in the opinion of the manufacturer, become
impaired then the manufacturer may suspend further deliveries except for cash in advance The manufacturer
shall not be liable for any delays or failures in delivery due to circumstances beyond its reasonable control.
8. This agreement shall not be- binding on the manufacturer until signed by WESTINGHOUSE
ELECTrac CORPORATION, the manufacturer, by the District Manager of its WESTINGHOUSE LAMP DIVISION
(or by said manager's duly authorized representative) This agreement shall not be renewed, nor shall any of
its terms be deemed to have been waived by the manufacturer unless such renewal or waiver be in writing and
signed by said manager (or his duly authorized representative).
WE SE ELECT IC C RPO ION,
District Manager, WESTINGH SE LAMP DIVISION
Presentedby. .... ...................... ...... ...:...... ..........
PURCHASER........ ... ....y.. o.f...R.edl.and.S4.......................................
By....... .... ........................ .... ...
..--........ .....-....-.....-.............._....
City Services ager X OR TITLE
The manufacturer hereby notifies the purchaser that until further notice in writing from the manufacturer,
.................Bq as_s. Bros.x.....#5...-.W�-...Colton...Ave. -Redlands.x.....Calif_• ..................................
..................................._..............._.._....._....._................................................................
an agent of the manufacturer, is authorized to act for and m place of the manufacturer in serving the purchaser
with lamps and receiving money due the manufacturer under the above agreement, but the agent has no
authority to accept orders for the sale or delivery of any lamps in excess of the unsold stock at the time in
its custody
WE,11I HOUSE ELECTRIC RI ORATION,
By, ,..�!............... _.. ..----.---.....----.. ........._........
District Manager, WESTING USE LAMP DIVISION