Document GKrjmQ2VBK2Ke2L4mr0nNK1vY

ma. ms Manat*.i-wrwe^M.T i. irMarnaiMar^^awwws^^ -- 7\ \ \ ****** iMMnaiMw MM44V |MW ,,.... -- / *_|srOTE: THIS DOCUMENT DIO This ord r is subject to the9JllSSjn/e[?ij!i^f^ FILES 1. This purchase order constitute* Buyer's offer to Seller, and becomes a binding contract on the terms set forth herein when accepted by Seller either by acknowledgment or the commence ment of performance hereof. No revision of this order shall he valid unless in writing nnd signed bv un authorized representative Of Buyer; and no condition staled by Seller in accepting or ac knowledging this order shall be binding upon buyer if inconsistent with or in addition to the un-ms and conditions herein unless ex pressly accepted in writing by Buyer. 2. The Seller expressly warrants that all article* ordered to specifications will conform thereto and to the drawing*, samples or other descriptions furnished or adopted by Buyer and that ail articles will be merchantable, of good material and workmanship and free from delect. 3. Unless otherwise specified, all articles ordered will be sub ject to final inspection and approval at the warn of the Buyer b> which delivery is to be m.ide by cither or boih Buyer's inspector* and. it applicable, government msictors. Such inspection will be made within a icnsocahlc time after arrival of the anicief at des tination. irrespective ot the dale of payment therefore. The Buyc may either hold any rejected articles for the Seller's instructions and at its risk or return them to the Seller at the Seller's expense. 4. No charges will be allowed for dravine boxing or packaging unless stated. All articles are to lie suitably yiacked or otherwise prepared for shuiment so as to secure the lowest transportation and insurance rates. 5. The Seller shall indemnify the Buyer against liability on any claim of infringement of any U. S. patent or patent right which might in any m.-inncr arise in connection with the work done or material furnished by the Seller. In making this purchase the Buyer doe* not recognize the validity, of anv patent. 6. No assignment or sub-letting of this order in whole or in pan may be made without the Buyer's written consent, provided, however, that this prohibition shall not extend to any assignment by the Seller of any monies due hereunder. 7. The Buyer may cancel this order if the-quality or Quantity of the articles delivered hereunder is not us specified or a* ex pressly or impliedly represented or warranted. 8. Delays in Delivery--Seller will not be liable for damages for delays in delivery due to causes beyond its reasonable control. If Seller, however, for any reason does not substantially comply with Bayer's delivery schedule. Buyer at it* option may either approve a revised delivery schedule, or may terminate the order either in v.huie or in part without liability to Seller on account thereof. 9. The Seller agrees to comply with the applicable provisions of any Federal or Slate law and all executive orders, rules and regulations issued thereunder, whether now or hereuficr in lorce: und.any provisions, representations, or agreements required there by to be included In the contract resulting from acceptance of this order are hereby incorporated by reference. 10. Seller hereby certifies that ail goods delivered hereunder are produced in compliance with ail applicable requirements of Sec tions 6. 7 and 12 of the Fair Labor Standards Act. as amended, and of Regulations and Orders of the United States Department of Labor issued under Section 14 thereof. ----- 11. (a) The Buyer may terminate work under this order in whole or in part at any lime by written or telegrnphic notice, whenever, without the fault or the Buver. ill the Government re quests the termination of this order or 131 a contract between the Buyer and a third person requiring for its peiformonce articles or services of the kind or type covered by this order is terminated, in whole or in part, or amended to eliminate or reduce such require ments. Such noLice shall state the extent and elfective datc of such termination: and. upon the receipt thereof, the Seller will as and to the extent directed by the Buver. stop work under this order anti the placement of further orders or sub-contracts hereunder, tin-minate work under orders and take any necessary action to protect the property in the Seller's possession in which the Buyer h.is or may acquire an interest. (hi If the parties cannot by negotiation agree within reason able time up .n the amount of fair compensation to the Seller for. such termination, the Buyer in addition to making prompt pay ment of amount!, due for articles delivered or mm.ices rendered prior to the cib-ctive date of termination wUl pay to the Seller the following amounts without duplication: ('ll The contract price for all articles or services which have been completed in accordance with this order and not previously paid for. (21 til The actual costs incurred by the Sollt r which are prop erly aJtocnhie or apportionuble under recognize i commercial ac counting practice* to the terinmated portion of this order, includ ing the cost of discharging liabilities which are -o aimraple or upportionabic. and (iii a sum equal to 2"! of the pa.' of s'.ich costs representing the costs ol articles or materials not p-.-.vesied by the Seller, plus a sum equal to Hlvr of ihc remainoer ot such cotts. hut the aggregate uf such sum's shui! rot exceed r~- the whole of such costs. For the pun tone of sultdtvUion * Hi h tast* shall cxciude anv charge for interest on borrowing; \iM sh '.tl exclude the r ust of discharging liabilities for pans, m;.' ' - s .ir.-l service* not received by the Seher oefore the effective date of ternunauon. (3) The reasonable costs of. the Seller in making settlement hereunder and in protecting properiy in which the Kuver has or may acquire an interest. Payments mode "nder this paragraph <b*. exciwivr f payments under sub-parugieph (3). shall nni exceed the aggregate price specified in this order, less payments otherwise made or to be malic. <c' tVith the consent of the Buyer, the Seller mav retain at an agreed price or sell ai on approved priee any cnnrdotvd articles, or any articles, rnatvnals, work in process or other t:he cost of which is alloealilc or apporiiunnble to this onii-i umi.-i paragraph lb) <2i above. and will credit or :i,iv the amour'- *. .creed or re ceived as the Buyer directs. As directed by th.- r.uv-r. the Seiler will transfer title io. and make delivery ot. anv ..lee r-iicies, ma terials. work in process or other things not rr.i;iulpq or sold. Appropriate adjustment will tie made for delivers eos: s or savings therein. fdi The provisions of this Article 11 shall not limit or affect the right of the Buyer to terminate this order tor th.- default ot the Seller or as otherwise provided herein. 12. This cnntrncT is, or may be. subject to th*- fl-ncgotiation Act of 1951. and if subject thereto, the Seller hereby t.-rccs as follows: ta' to the elimination ot excessive profits thi *ugh negotiations; tb> tliat there may be withhold by the Buyer for the United States from amounts otherwise due to tr.i- ScLcr. or the Seller will repay to the United States, if paid to bun, in> excessive profits: (ct that Buver shall he relieved of all linhili' to the Seller on account of anv amount so withheld, or so repaid by the Seller to the United States; and (d) that the Seller will insert in each of its -uixnntrac*' rev ered by said Act, provisions corresponding to those in A. B. and C above, and in Ibis sub-paragraph D, 13. This contract shall lx? deemed to contain all of the provisions and agreements required by Section 3 of the Art of March 27. 1934 _ fVinson Act! as amended, to the extent that, by the term- of said Act or any amendment-thereto, such provisions and agreements are applicable. 11. The Equal Employment Opportunity Clause. Section 202, of Executive Oilier 11246. a* amended, relating to Kauai Employment Opportunities, and implementing rules and regulations ol the Secretary of Labor are incorporated herein by specific reference. PURCHASING DEPARTMENT OWENSCORNING FIBERGLAS CORPORATION Toledo, Ohio 43601 GG l842 t V i r i p i i ** b S-' J BB 0008900 I