Document 7M4LNxkaQYdBqwnG95j59Mq7B

4- ... r : : UNION CARBIDE CORPORATION METALS DIVISION P.O.BOX 579 NIAGARA FALLS, N.Y. 14302 TEL: 716-278-3376 October 3, 1980 Mr. A. E. Dambach Grace Industrial Chemicals, Inc. P. 0. Box 2872 1002 Lausanne, Switzerland Dear A1: Per the enclosed copy of my letter to Joe Delsignore you can see that we have agreed to reimburse you for the "repackaging" costs discussed in your letter to me dated August 19, 1980. I hope it is satisfactory that we rounded the DM1888.92 to $1100 and sent the check to Cambridge. This was an easier and faster solution for us. We find it hard to believe that you found "handfuls of loose asbestos", but we agree that using SX-14 bags for SX-24 may have caused some complications. It should be noted that after you authorized the use of SX-14 bags for SX-24, and we produced several tons, there were no actual shipments before the new SX-24 bags arrived at the plant. We apparently could have waited for the new bags without interrupting your supply. If you have similar claims In the future, and we obviously hope you won't, we would appreciate photos of the "damaged" product. This could assist us in determining whether or not we could improve the situation by improved packaging or loading practices. Best personal regards to all. Very truly yours , J M w ager JLM:dal Enclosure CC: R. E. Byrne, Jr. W. B. DeAtley UNION CARBIDE CORPORATION . METALS DIVISION P. 0. BOX 579 NIAGARA FALLS. N.Y 14302 TEL: 716-278-3376 October 3, 1980 Mr. Joe Del signore W. R. Grace & Company 62 Whitmore Avenue Cambridge, MA 02140 Dear Joe: Enclosed is our check for $1100 to settle the claim described in the attached copy of Grace GnbH Invoice No. SX-1139/0.dated August 13, 1980. The shipment was on your order No. 26604, our 60-9508, shipped on July 10, 1980 on the "Annie Johnson". Per our telecon, please credit Grace Industrial Chemicals or Grace GmbH as appropriate. Very truly yours, Johrt/L". Myers MaMeeting Manager JLM.-dal Enclosure CC: R. E. Byrne, Jr. A. E. Dambach W. B. OeAtley PLAINTIFF'S EXHIBIT UC-439 X416488 1)1) '5. o2 o OO JC (/} o> c O >c T3 oi 3a Co O O Q> CC