Document KG1eG1VD0JdNeDea7RDgJgnQN

Monsanto MONSANTO COMPANY ST. LOUIS. MISSOURI 63166 | INVOICE DUPLICATE DATE ENTERED DATE SHIPPED 104204 1 AIRCO VACUUM METALS iQl-21-72 01-24-72 01-24-72 14-01-27658 3 BERKELEY* CALIFORNIA 94710 PLEASE MAKE CHECKS PAYABLE TO: MON8ANTO COMPANY MAIL TO P.O. BOX LISTED BELOW A1RCG VACUUM METALS 700 POTTER BERKELEY* CALIFORNIA MONSANTO COMPANY BOX 3248 SAN FRANCISCO CALIFORNIA 94119 PPD OR COLLECT PPO SHIPPED FROM SANTA DELIVERY F.O.B. ^ TT mail 1 1ST .INQUIRIES^ TERMS OF PAYMENj" Customer Service Canter St. louit MONSANTO INDUSTRIAL CHEMICAL8 CO. Si. loui, Minouri 63166_____________ ____________ SHIPPER NO. AS INDICATED BELOW NET 30 OlftYS CAR NO./TT CARRIER CUSTOMER SERVICE REPRESENTATIVE 4755807 CLARA CA S BEE SLE Y , j; ITEM DESCRIPTION. PRICE & UNIT! AMOUNT 1 5 54 GL METAL DRUM I PY0RAUL F-9 A 1 AT 4550-009-17-0001-47-01-P-01771A FOB ST. LOUIS MO MINIMUM FREIGHT ALLOWED 270.00 GL 3.8000 2.725.00 LB 1*026.00 PLUS BART TAX OQOi-OQO.00-437 .5000 PC 5.13 PLUS STATE SALES TAX 0001-437.04-000 PLUS COUNTY SALES TAX 0001-437.04-011 4.00 PC 1.00 PC 41.04 10.26 PAGE 1 1*082.43 SEND INVOICE COPIES TO 6 >' MR. BRUCE PRICE oc~ AIRCC VACUUM METALS ' DSW 416983 ; 0 735 ASHBY AVENUE BERKELEY* CALIF. 94710 S TERMS and CONDITIONS NOTWITHSTANDING ANT INCONSISTENT on ADDITIONAL TERMS THAT MAY BE EMBODIED IN your purchase order, we accept your order, subject ONLY to Tnfc ieTmS OP THE WRITTEN contract BETWEEN US UNDER WHICH YOUR ORDER IS PLACEO IF NO SUCH CONTRACT EXISTS, WE ACCEPT YOUR ORDER ONLY ON THE EXPRESS CONDITION iMAl *Ou ASSENT TO THE TERMS CONTAINED ABOVE AND ON THE REVERSE SIDE HEREOF. ANO TOUR ACCEPTANCE AND RECEIPT OF THE GOODS SHIPPED KEREUNOER SHAH CONSTITUTE ASSENUO SUCH TERMS. STLCOPCB4102301 YiftAH&XGD o&Ig WUG22L; ,2100.; .T? V TERMS AND CONDITIONS 1. FORCE MAJEURE. Deliveries may be suspended By either parly in case oTAct oT God, war, riots, fire, explosion, 'flood,'"strife, lockout, injunction, inability to obtain fuel, power, raw materials, labor, containers, on trqn^portption facilities, accident, breakage - -oF-machinery-or--apparatus,--national -defense requirements, or any cause beyond T^e^cpntrql ol ^u^2pgrty,'preventing the fhdriufbc^ureY'sBjBmeht" acceptance, or consumption .of a shipment of the goods or^of a TnOteYfaV upon Vbldh' the' manufacture o^-ibe.goods is .dependent*' lf.( because''6f anySspc^t Circumstance, Sefllr* \jnabfe supply the totals jemdi^l^or ^he goo^s, Seller may allocate its-available supply among itself and all of its customers, including those not under contract, in ji.n equitable manner. Such deliveries so suspended shql! be cancelled without liability, but the contract shall otherwise remain unaffected., ... . .... ,, ... , . ....... , v* *,v., sj ^ r Y: O-Y ' : ..... _' ^ r 2. BUYER'S CREDIT. Seller, reserves the Fight, aViohg other remedies, either to terminate 'th1s' contract-`or Wo ^-suspend further deliveries under.it in the1 event Buyer fails lo pay for any one shipment when same becomes due.\ Should BuyerV'financial responsibility become unsatisfactory to Seller,: cash payments or satisfactory security may: be, ^equir^d by.-Sellpr for future ... deliveries and for goods theretofore-delivered. 3. WEIGHTS AND'COtsffAINERS. InCe case of bulk carload, tank car, or tank truck shipments, shipper's weights shall govern. Where shipment requires use by Seller of carboys, drums, i)orrels^drf other Y'eYurhab)e :cohtdTriers, ;flfle To such containers - shall remain in Seller and a deposit in the amount required by feller must, be. ypade at. the.time the goods are paid for. Such container must be Fept-in-good condition and may not be--used-for--any-material other-tharY-thol shipped therein and must be returned within sixty (60) days from date of shipment. On'such containers being so returned in good condition, a refund of the deposit wifi be rhade. ______ __ ________ J - J 5. - ` o 4. SHIPMENTS. The quantity shipped in any contract month may be limited by Seller to either: (a) the overage of the monthly - quantities -ordered by Buyer hereunder for+he preceding-contract -months, -or - (bf the-maximum quantity covered by this contract .divided. by the.number of months in the contract. period..'_5e11er-shall not be bound Jo Tender .deli very of any quan tities for which Buyer has not given shipping instructions. 5. WARRANTY; Unless otherwise provided herein, Seller warrants title and that all goods sold hereunder shall conform to Seller's siandard specifications. Subject to the preceding sentence and except as otherwise expressly stated herein, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, - EXPRESS OR HMPllED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, <*)R-ANY OTHER MATTER WITH RESPECT TO THE GOODS, whether used alone or in combination with other substances. Seller shall not be liable for, and Buyer assume? responsibility for, all personal injury and property damage resulting from the handling, possession or use of the goods by Buyer. 6. LIMIT OF LIABILITY. All claims for alleged defective goods, shortage or other cause shall be deemed waived unless made in writing and received by Seller within fifteen (15) days after Buyer learns of the alleged defect,, but in no. event later than sixty (60) days after Buyer's receipt of the goods. Buyer's exclusive remedy shall be for damages, subject, however, to Buyer's ogreement that for . any and all losses or damages resulting from any cause whatsoever including alleged defective or damaged goods. Seller's liability shall in no, event exceed`the purchase price thereof, or at the election of Seller, the repair or replacement of such defective or damaged goods." In-no event' shall Seller be liable for - incidental or -consequential damages. Transportation charges for the return of goods shall not-be paid unless authorized in advance by Seller. 7. PATENTS. Seller warrants that ony goods sold pursuant to this contract, except as are made specifically for Buyer according to Buyer's specifications, do not infringe ony valid U.S. patent. This warranty is given upon condition that Buyer promptly notify Seller of any claim or suit involving Buyer in which such infringement is alleged, and if Seller is offected, that Buyer permit Seller to control completely the defense or compromise of any such allegation of infringement. Seller does not warrant that the use of any goods sold hereunder, or articles made therefrom, either alone or in conjunction with other materials, will not infringe a patent. ' 8. FREIGHT TAXES. Any increase in freight rates paid by Seller on shipments covered by this contract and any tax or govern mental charge or increase in same hereafter becoming effective increasing the cost to Seller of producing, selling, or delivering the goods or of procuring materials used therein, and any fax now in effect or increase in same payable by the Seller because of the sale of the goods, such as Sales Tax, Use Tax, Retailer's Occupational Tax, Gross Receipts Tax, may, at Seller's option, be added to the price herein specified. 9. LOSS IN TRANSIT. In case of breakage or loss in-transit, Buyer shall have notation of same made on expense bill before paying freight. 10. PLASTIC MATERIALS. Because of the conditions involved in the manufacture of plastic materials, where an order calls for a product to be made up specially for Buyer: (II A delivery of not less than 90% of the order will be considered o complete fulfillment of the order. (2) In case of an over-run, Seller may deliver and Buyer will accept any such excess up to 10% of the order, but not more than 1,000 pounds. 11. FAIR LABOR STANDARDS ACT. The material covered hereunder is warranted to have been produced in compliance with the requirements .oT the. Fair Labor Standards Act of 1938, and with all amendments thereto. - 12. MISCELLANEOUS. This contract is to be construed according to the laws of the State of ^Missouri. This document constitutes the full understanding of the parties, and no terms, conditions, understanding. or agreement purporting to,, modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by}the party to be bound. DSW416984 STLCOPCB4102302