Document KJGYen2gNVLdeRQ3jwrpgwBQX

FILE NAME Cape Asbestos CAPE DATE 1976 Feb 10 DOC CAPE013 DOCUMENT DESCRIPTION Purchase Order - Rogers Corp to North American Asbestos Corp. North American Asbestos was a Subsidiary of Cape Asbestos -t -| ADDRESS ALL INVOICES IN . TRIPLICATE AND ALL TO _ CORRESPONDENCE 7 7 , . > /S ROGERS CORPORATION | PURCHASING DEPARTMENT R ROGERS CONNECTICUT 06263 _ _| 203 774-9605 PURCHASE . 20765 W SHOW ABOVE NUMBER ALL & PAPERS PACKAGES (9 DATE VENDOR February 10 1976 1320 ' SHIP FEB 17 1976 ROGERS CORPORATION | ROGERS CONN 06263 DOCK ; VENDOR North American Asbestos Corporation VENDOR 150 North Wacker Drive XX SHIP WILLIMANTIC CONN 06226 SHIP MANCHESTER CONN 06040 DOCK DOCK VENDOR Chicago , Illinois Illinois . Il inois 60606 SHIP E. WOODSTOCK CONN 06281 DOCK VENDOR . T VENDOR |O| ATTENTION ~ SHIP VIA , F.O.B. TERMS , DELIVERY REQUIRED BY Truck Shipping Point Net 10 Days 5-1-76 _ * 56 Metric - Tons Grade H Crocidolite Blue Asbestos . Pressure Packed Bags - Palletized 682 | 682 682 | | pt Ps) | Q. A. INSPECTION PER Class I * SEE TAX EXEMPTION CERTIFICATE ON REVERSE SIDE : CARL R. WELSHMAN BUYER | Carl Wahan Wahan PURCHASING DEPARTMENT 0041284 ACCEPTANCE This order expressly limits acceptance to the terms stated herein Any additional or different terms proposed by seller are objected to and hereby rejected unless specifically accepted in writing by buyer Acceptance of this order shall be by receipt by buyer of a signed acknowledgment or by shipment to buyer of allor part the goods pursuant to this order This orderis assignable by seller except for raw materials and standard or commercial components PRICE not Seller warrants that the prices for the articles sold to buyer under this order are not less favorable than those currently extended to any other customer for the same or like articles in equal or less quantities If seller reduces its price for such articles during the term of this order seller agrees to reduce the prices hereunder correspondingly Prices stated in this order are inclusive of all charges for packing containers insurance and transportation except as otherwise specifically provided on the face of the order All taxes based upon or measured by sale use or manufac ture shall be shown separately on seller's invoice Prices offered and accepted are in U.S.dollars and are not subjeecs t tocalatiexocen pt by mutual consent in writing CHANGES Buyer shall have the right to make from time to time without notice to any sureties or assignees changes as to packing testing destination specifications designs quantity and delivery schedule Seller shall promptly notify buyer when such changes affect price or terms and shall request written authorization modifying the order accordingly Claims for adjustments under this clause must be asserted in writing within 30 days from date of receipt of notification of the change FURNISHED PROPERTY Dies tools jigs fixtures patterns molds and equipment ordered by buyer hereunder or supplied to seller by buyershall become and remain the property of buyer shall be used by seller exclusivelyin the manufacture of products for buyer shall be returned to buyer upon request without additional charge and seller shall be fully responsible for any loss or damage to such items while in seller's custody Seller shall at no additional cost to buyer maintain all said items in good condition and repair or replace them to the extent necessary for per- formance of this and future orders placed by buyer rf O All drawings specifications data or technical information all of which shall be referred to as information furnished by buyer shall be and remain buyer's property Unless such information was known to seller with the free rightto use prior to disclosure by buyer or unless such information is disclosed to seller by a third party or becomes publicly known other than through breach of this obligation seller shall not reveal such information to any other person and such information shall be used by seller only on behalf of buyer All such information and all copies thereof shall be returned upon request by buyer Seller shall indemnify buyer and its customers against any loss damage liability or expense resulting from infringement of patents trademarks or copyrights based on the manufacture normal use or sale of goods furnished hereunder except where such infringement arises solely from seller's adherence to buyer's written instructions or directions which do not involve seller's commercial merchandise or items of seller's origin design or selection and buyer shall so indemnify seller in any such excepted case Buyer and seller shall each defend or settle at its own expense any suit or proceeding against the other for whichit is responsible hereunder Each party shall give the other reasonable notice of any claim of infringement to which this indemnity applies and offer to allow the other to defend any suit resulting therefrom and cooperate in every reasonable way with the other in defending such claim If buyer or its customers is prevented from using or selling any goods furnished hereunder by an injunction on account of any infringement to which seller's indemnity applies seller shall at buyer's option and at no expense to buyer either replace such goods with infringing goods or modify such goods so they are free of infringement or remove said goods and refund the purchase price thereof DELIVERY = Seller recognizes that adherence to the date of delivery or for completion of work described in this orderis of primary importance If seller for any reason including contingencies covered by paragraph No. 7 below does not meet designated delivery or completion schedules buyer may at its option either approve the revised schedule reduce the total quantity covered by this order by the amount of omitted shipments reducing the price pro rata or terminate the order without liability for any such revision reduction or termination Deliveries made in advance of the designated schedule are prohibited without buyer's prior written consent Buyer may refuse at no cost or liability to buyer deliveries made or weekdays after attempted on Saturdays Sundays holidays or 4:30 p.m.p.m. on n unless otherwise agreed to in writing a Fa ad, CONTINGENCY _ Neither party shall be held responsible for anydamages or losses resulting if the fulfillment of any terms or provisions of this order are delayed or _ prevented by revolutions or other disorders wars strikes floods fires acts of God 8. 9. 2". 10. or without limiting the foregoing any other cause not within the control of the party whose performance is interfered with and which by the exercise of reasonable diligence said party is unable to prevent whether of the class of caus^'s the delineated above or not Buyer's options under paragraph No. 6 above above circumstances are defineated in wy SHIPPING Except as otherwise expressly provided herein title to and of loss on all items shipped by seller to buyer share buyer upon buyer's inspection and acceptance of such items at buyer's plant An itemized packing slip referencing this order number must be enclosed each shipment Failure to provide packing slips may resultin excusable delayin processing seller's invoices Buyer's count shall be accepted as conclusive on all shipments not accompanied by a packing slip INSPECTION Buyer reserves the right to inspect and test goods ordered at any time or place including the period of manufacture to make final inspection negate buyer's plant and acceptance at buyer's notwithstanding any prior inspections or payments Payments made to receive cash discounts do not buyer's right to final inspection and rejection Le ( ( ~ PAYMENT Payment for goods and services covered by this order will be made in U. S. dollars only after arrival of goods at buyer's plant or other facility or completion of services to be performed as designated on the face hereof and subject to buyer's inspection and rejection of goods and workmanship without regard to the manner of shipment or any shipping or price terms contained in this instrument Upon reasonable notification to seller buyer may withhold and deduct from any part of theprice due under this order all or any part of damages including consequential damages resulting from any breach of terms and conditions contained herein or any other amount which seller owes buyer or any of buyer's associated companies arising out of or related to the transaction which the subject of this order or which is otherwise due from seller to buyer 11. DISCOUNTS Cash discount period will be computed either from date of delivery ordered and acceptanceof the goods correct receipt or date buyer's order of proper in order invoices prepared in accordance with the terms of buyer's whichever dateis later Paymentis deemed to be made for the purpose of earning discount on the date mailing of buyer's check > _ 12. CANCELLATION Buyer may terminate this order and any contract made pursuant thereto 1 without liability of any kind and without waiving any other rights or remedies including any right to damages which buyer may have at law or in equity in the event of seller's insolvency bankruptcy failure to meet delivery schedules or other default or 2 at any time buyer shall pay seller its reasonable date of termination but in the absence of such costs incurred in processing event or default the order to the : LAWS applicable 13. COMPLIANCE WITH Seller agrees to comply with all state federal and local laws rules and regulations Seller further represents that goods and services covered by this order have been or will be produced or rendered in accordance with all applicable provisions of the Fair Labor Standards Act the Walsh Healey Public Contracts Act the discrimination Opportunity Clause Provision set forth in Executive Order 11246 and Title VII of the Civil Rights Act of 1964 14. WARRANTY In addition to any warranty implied by fact or law seller expressly warrants aN items to be free from defect in design workmanship and materials to conform strictly to applicable specifications drawings and approved samples if any to be fit and sufficient for the purpose intended and to be merchantable Such warranties together with all service warranties of seller shall run to buyer its successors assigns and customers All warranties shall survive inspections test acceptance of and payment by buyer In the event of breach of warranty buyer may at his option without waiving the rights to damages either return for credit or require prompt correction or replacement of the defective or nonconforming goods 15. WAIVER Buyer's failure to insist on performance of any term or to exercise any right or privilege or waiver thereof shall be a waiver of any term condition right or privilege on the remainder of this or any other order 16. TAX EXEMPTION CERTIFICATE Items asterisked * on the face of this order are exempt from the Connecticut Sales and Use Tax under Sec 12-412 4 General Statutes Revision of 1958 as amended covering purchases of materials tools and fuel or are for resale as an integral part of a finished product Purchases in other states of products so identified are either for resale as an integral part of a finished product or are consumed directly in the process of manufacturing or producing such finished product for sale In the event such purchases are used for any other purpose than as above specified buyer accepts responsibility to report and pay the tax Permit numbers 30552-001-076 30552-001-077 30552-003-087 0041285 ADDRESS ALL INVOICES ane RIPLICATE AND ALL IN - CORRESPONDENCE TO 7 * +- *ly Nee DATE: VENDOR February 10 R R ROGERS CORPORATION R PURCHASE ORDER PURCHASING DEPARTMENT A 20765 W ROGERS CONNECTICUT 06263 _| SHOW ABOVE NUMBER PAPERS & PACKAGES ALL 203 774-9605 | re / 1976 /NNM FEB FEB 7 1976 IS ROGERS CORPORATION ROGERS CONN 06263 DOCK WILLIMANTIC CONN 06226 DOCK VENDOR North North AmericanAsbestos Corporation VENDOR Chicago Illinois . 60606 IS XX MANCHESTER CONN 06040 P E. WOODSTOCK CONN 06281 DOCK DOCK VENDOR T VENDOR ATTENTION SHIP VIA F.O.B. TERMS DELIVERY REQUIRED BY Boat Truck Shipping Point Net 10 Days | 5-1-76 _ * 56 Metric Tons Grade H Crocidolite Blue Asbestos . . ; Pressure Packed Bags -- Palletized 682 682 682 , 682 Q. A. INSPECTION Class I * SEE TAX EXEMPTION CERTIFICATE ON REVERSE SIDE CARL R. WELSHMAN BUYER Cal.P. DEPARTMENT A PURCHASING DEPARTMENT 0041286 WACKNOWLEDGMENT OF ORDER AND ACCEPTANCE OF THE TERMS AND CONDITIONS THEREON ROGERS P.O. NUMBER PLEASEDETACH AND RETURN IMMEDIATELY TO Y A 20765 W ROGERSCORPORATION DATE February 20 1976 VENDOR ORDER NUMBER 2837 * PURCHASING DEPARTMENT PRICE OTHER Pt Montreal 682.00 per ton f.o.b. vessel . ROGERS CONNECTICUT 06263 AUTHORIZED SIGNATURE * vessel listed which is due to arrive at the WILL SHIP ON cS WILL SHIP VIA Thorsriver Port of se Rapitemeene Montreal late in April WILL SHIP FROM S. AfricaAfrica. 1976 FOR COMPANY NAME North American Asbestos Corporation| Te * ise Ribs SEE or Meee seamen 0041287 Mr. Carl Welshman Senior Buyer Rogers Corporation Purchasing Department Rogers Connecticut 06263 3rd March 1976 Dear Mr. Welshman Confirming telephone conversation today with regard to your Purchase Order No. A 20765 W scheduled for shipment on the Thorsriver mid March to the Port of Montreal we have been advised that due to the excessive demand for Grade H Blue Fiber there is a shortage of this material and our metric mines are unable to increase your order from 56 to 70 metric tons Grade H. tons As soon as we have definite shipping information on your order we will contact your office Sincerely NORTH AMERICAN ASBESTOS CORPORATION Secretary - Assistant Treasurer JHoltze 0041288  ye | ar 3 Oo , Mr. Carl Welshman Rogers Corporation Purchasing Department Rogers Connecticut 06263 12th tay April 1976 Dear Mr. Welshman We are pleased to advise that shipment has been made against your Purchase Order No. A 20765 W consisting of 56 metric tons Grade H Blue Asbestos Fiber on board the Thorsriver to the Port of Montreal This vessel is presently due to arrive at Montreal on April 30th We have already instructed our agents at that Port to forward i your material to you in Manchester as soon as it has been cleared and released by Customs Sincerely NORTH AMERICAN ASBESTOS CORPORATION Secretary - Assistant Treasurer JHoltze O.F. 4,579.01 4,579.01 4,579.01 0041289 FILE NO ot ee Export _po SAMUELS & COMPANY LIMITED 410 ST NICHOLAS STREET MONTREAL CANADA H2Y 514 842-5027 F North American Asbestos Corp. Lt a = aed ' {MARKS AND |) NUMBERS NO OF PKGS CUSTOMS BROKERS & INTERNATIONAL FREIGHT FORWARDERS ASSOCIATED WITH AFFILIATED CUSTOMS BROKERS MONTREAL LTD REFERENCE NO YOUR . VIA ExportExport Entry 14 ; . WHEN REFERRING TO THIS INVOICE QUOTE ERENCE NO THIS REF- | |. | . '. PLEASE SEE ATTACHED LIST FOR ALL SUB- Wharfage & Tailga5ting P.EM. &6 Kerr Steamships Paying Charges Shipping PAY THIS AMOUNT |. THIS ACCOUNT IS $ NOW DUE # 490.71# / 0041290 ~ SAMUELS & COMPANY LIMITED FOREIGN FREIGHT FORWARDERS - CUSTOMS Established in 1920 BROKERS - Tel 842-5027 410 ST NICHOLASST MONTR1E 25AP.L Q. NORTH AMERICAN ASBESTOS CORP AS PER ATTACHED INVOICE NUMBER - Shipment number 8 68 Pallets 1360 Bags 4 Truckloads Grade H Blue Exported to Consolidated Warehouse 2400 Tioga Street Philadelphia Penna By Smith Transport Prepaid Asbestos Corp. Fibre 36 Pallets 720 Bags Grade H Blue to Mead Paper Specialty Willow Plant Dlvy Area 4 South Lee Massachusetts By Smith Transport Collect Asbestos Fibre 0041291 . Bo " ~ ; , meer oer \ Nee KERR STEAMSHIPS CANADA LIMITED _ INVOICE TO . SAMUELS SAMUELS & COMPANY | SoC ggg LARYR ST NICHOLAS | | MONTREAL QUEBEC H2Y .282 f 1709 HOLLIS STREET ~ HALIFAX B3J W | [| _ 133 PRINCE WILLIAM SAINT JOHN STREET E2L 2B5 LINE L VESSEL CCAL _-THORSRIVER CONSIGNED TO INLAND DESTINATION VOY _ FROM . DATE OF ISSUE / PORT ELIZABETH MONTREAL - NO PEM INLAND FREIGHT PREPAID [| .)) COLLECT | OCEAN FREIGHT ADDITIONALS SHIPPERS CHARGES COLLECTION FEE CURRENCY SAMUELS & Me. CLIENT CLIENT CLIENT CLIENT CLIENT CLIENT CLIENT CLIENT CLIENT CLIENT CLIENT ee ) 171976 171976 he V QD.I V The enclosed copy L is your advice Customs clearance You are requested avoiding demurrage charges goods payment No delivered without of d and is mailed in advance of vessel's arrival to expedite pass Customs entry and take deliverypromptly thereby. charges and surrender of original L CDN 22.23 TOTAL CDN 178.95 178.95 PLEASE PAY TO THE ~ OFFICE INDICATED ABOVE 0041292 INVOICE716 716 KERR STEAMSHIPS CANADA LIMITED es : INVOICE TO a fe & CO SAMUELS ) a 5068 410ST NICHOLAS . : r MONTREAL QUEBEC H2Y 1709 HOLLIS STREET | HALIFAX B3J os W 133 PRINCE WILLIAM STREET * SAINT JOHN E2L 2B5 LINE 4 : VESSEL . ; , ; oe TO INLAND DESTINATION : FROM DATE OF ISSUE :__ AUG 3/76 L NO . e INLAND FREIGHT PREPAID [] COLLECT [] OCEAN FREIGHT ADDITIONALS SHIPPERS CHARGES CURRENCY_ The enclosed copy B is your advice note and is mailed in advance of vessel's arrival to expedite Customs clearance You are requested to pass Customs and take delivery promptly thereby avoiding demurrage charges No goods delivered without payment of charges and surrender of original B CDN 24.00 TOTAL CDN $ 193.26 193.26 | PLEASE PAY TO THE OFFICE INDICATED ABOVE 0041293