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Home My WebLink AboutContracts & Agreements_1-1950 B90-SFS-2-y OM-49F F CONTRACT MCKESSON & ROBBINS INCORPORATED Industrial Chemical Division with an office in Los Angeles California, herein after called"Seller,"agrees to sell to CITY Of; REDLANDS of REI3L.'1N0., CALIFORNIA herein after called "Buyer," and Buyer agrees to purchase from Seller merchandise herein described during r the period of De c"'mber 31, 1949 to December 31, 1950 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." i Quantity As required for Buyer's own use estimated at 29400 pounds, but not to exceed 2,700 pounds, except at Seller's option Package— Cylinders of 100 and/or 150 pounds capacity, net weight. Price— J40 Pound 2ylindars 10.00 per Crit. - f.o.b. and/or delivered vithin Los :males 'Aet3ropolitan District. In 100 pound cylinders—uniformly lc per pound higher than above prices. Terms— Net 30 days, in U. S. Legal Tender. Cylinders— Buyer agrees to pay rental for all containers not received at Seller's and/or Manufac- turer's plant at Los Angeles , California, within 1$0 days from date of original shipment from Seller's and/or Manufacturer's plant at the rate of$2 00 per container per month or fraction thereof, payable monthly in advance. Such rental charges accrued and paid are not refundable. Containers shall be returned in as good condition as when originally supplied by Seller and shall not have been used for purposes other than storage of their original contents. Any container lost or damaged while in Buyer's possession will be charged for at the rate of$36.00 each. Aboves_ lea California_ _- s�ripment to prices are F.O.B.]=OBAngeles,California California --- Buyer shall return empty cylinders to �'Aplant at 4151 an nboulevards os a es ------------ �, California, by freight, transportation charges collect. Buyer assumes responsibility for damage to cylinder (s) while in possession thereof Title to cylinder (s) shall in any event remain with Seller. This agreement includes the provisions i to 13 inclusive, printed on the reverse side hereof. NOVEMBER' 1I�C K�SON & ROHBINS INCORPE?R,�TED Dates] I9__ 9 Seller - --------- ---& ROB Buyer n By_ Approved. e Pres3n By_ Al GREAT WESTERN DIVISION �� /V`9 Hi DOW HEMIC OMPANY By _ (OVIM, - __ GENERAL,TERMS AND CONDITIONS 1 Buyer shall reimburse Seller for all taxes, excis- and its contract customers, in such manner as Seller es or other charges which Seller may be required to in its sole discretion may deem fair and practicable. pay to any government(National, State or Municipal) g, Seller makes no warranty concerning tha goods which are levied directly upon the sale, production furnished hereunder other than that they shall be of or transportation of the goods sold hereunder. the quality and specifications stated herein. Any 2. Where the price specified herein provides for ab- recommendations made by Seller concerning uses sorption by Seller of freight charges, either as a or applications of said goods are believed reliable whole or in part, Seller shall have the right to select but Seller makes no warranty of results to be ob- the means of transportation If Buyer requires a tained. Buyer assumes all responsibility and liability means of transportation other than that selected by for loss or damage resulting from the handling or use Seller, any extra cost incurred by reason of using of said goods such other means shall be paid by Buyer. 10. Seller's liability in respect to goods furnished 3 Title to all goods sold hereunder shall pass to hereunder shall be limited to the purchase price of Buyer upon Seller's delivery to carrier at shipping the goads.in respect to which damages are claimed. point Buyer shall inspect the goods furnished hereunder immediately after delivery. Buyer's failure to give 4 Should the general market price on goods of like notice of any claim within thirAy (30) days from dates quality in like quantities and for a like use decline of delivery shall constitute an unqualified acceptance below that specified in this contract, and Seller re- of such goods and a waiver by Buyer of all claims fuse to meet such competitive price, Buyer may pur- with respect thereto. chase its current requirements in the open market, 11. If any suit is instituted against Buyer for in- and the quantity so purchased during any such peri- fringement of any United States Letters Patent alleg- od shall be deducted from the contract ing that the goods furnished hereunder or Seller's 5 Buyer shall give Seller reasonable notice cover- method of manufacturing the same infringe any such ing shipments and shall take deliveries in approxi- patent, Seller shall, at its own expense, defend such mately equal monthly quantities except as may be suit against such allegations and shall pay any otherwise provided herein, and if Buyer shall fail award of damages assessed against Buyer in any during any month to order out such monthly quota, such suit to the extent that the damages are awarded Seller may at its option cancel it from the contract. in connection with said alleged infringement, provid- ed Buyer gives Seller prompt notice in writing of the 6 Seller may decline to make deliveries on this institution of any such suit and permits Seller to de- contract, except for cash, whenever Seller for any fend same against such allegations reason shall doubt Buyer's responsibility and so ad- 12. Seller has the right to change on the first day vise Buyer. of any January, April, July or October for the suc- 7 If Buyer fails to perform any of the terms of this ceeding calendar quarter and thereafter until further contract, Seller may, at its option, defer shipments notice, the price, freight allowance or terms of pay- until such default is made good, or may treat such ment specified herein, provided Seller has given default as final refusal to accept further shipments Buyer at least fifteen (15) days written notice of any hereunder. such change Buyer's failure to serve Seller with 8 In the event of war, fire, flood, strike, labor written notice of objection thereto prior to the effective trouble, accident, riot, act of government authority, date thereof shall be considered acceptance of such acts of God, or contingencies beyond the reasonable change. Failure of Buyer and Seller to agree on control of the parties, interfering with the production such change after such notice by Seller permits Sel- supply, transportation, or consumption of ;he goods ler to supply Buyer at the then existing price, freight covered by this contract, or with the supply of any allowance and terms of payment during the quarter raw material used in connection therewith, quantities in question, or to cancel this contract upon fifteen so affected may beeliminated from the contract with- (15)days written notice to Buyer out liability, but the,contract shall otherwise remain 13 This contract is not transferable nor assignable unaffected Seller maty during any period of shortage by Buyer but shall be binding upon and inure to the due to any of said causes, prorate its supply of such benefit of the parties hereto and their respective goods among itself, for its own manufacturing uses, successors. [BOBBINS 1 K C O R P O R A T E D 200 5 LOS ANGELES STREET LOS ANGELES 54, CALIF June 13, 1950 City of Redlands Redlands, Calmf. Gentlemen: As our contract customer, purchaser of Liquid Chlorine, we wish to revise our prises, as per agree- ment under Paragraph, 12 of the General Terms of our contract, which permits a price adjustment on the first day of any month, with 15 days' written notice. Our new schedule on Liquid Chlora.ne, effective July 1, 1950 will be as follows: 100# Cylinders . . . . . . . . . 12,00 Cwt. 150.# Cylinders . . . . . . . . . . 11.00 Cwt. Delivered Los Angeles Metropolitan Area Ve wish to thank you for your past patronage, and assure you that this increase is necessary due to the increased cost of manufacturing. Please sign both copies, if acceptable, and return one to this office. Yours truly, Accepted- McKESSON & ROBBINS, INC. Ze Ant,44 _ i 1 Neville nager Chemical .Division JTN:mec 713 O WR