Document MGgKBKGJeL1y8MnVrNpdK3G8j

Monsa 'o MONSANTO COMPANY ST. LOUIS, MISSOURI 63166 1 INVOICE DUPLICATE CUSTOMER S ORDER NO. _____L22a_________ ______ 1 103-01-72 .03,-24,-72 INVOICE DATE 03-24-72 14-03-39048 CENTRAL SOL VENTS AND CHEMICALS CO 7030 WEST 71 ST STREET CHICAGO, ILLINOIS 60638 Pa'YM'E 1 PLEASE MAKE CHECKS PAYABLE TO: MONSANTO COMPANY MAIL TO P.O. BOX LISTED BELOW CENTRAL SOLVENTS ANO CHEMICALS CO 7030 WEST 71ST STREET 6E0F0R0 PARK, ILLINOIS MONSANTO COMPANY BOX 96127 CHICAGO ILLINOIS 60690 4N1 |ES^ Erz: PPO OR COLLECT DELIVERY F.O.B. TERMS OF PAYMENT COL SHIPPED FROM AS INDICATED BELOW NLT 30 DAYS CAR NO./TT CARRIER CUSTOMER SERVICE REPRESENTATIVE ANNISTON _Ail ___ CLE RECTOR . SHIPPER NO. 48293y<. ITEM DESCRIPTION. PRICE ft UNIT 1 600 30 LB BAG AROCLOR DIST 5660-Ht SOL AT 1040-480-17-0009-4T-33-S-0038SA FOB ANNISTON Al LESS DISTRIBUTOR DISCOUNT PALLETS NO CHARGE 30,000.00 L5 .2000 30,000.00 Lb 5.0000 PC AMOUNT ,6 000.00 300.00- PAGE 5,700.00 S' l 0391672 8 TERMS AND CONDITION! NOTWITHSTANDING ANT INCONSISTENT OR ADDITION*! TERMS THAT MAY IE EMBODIED IN YOUR PURCHASE ORDER. WE ACCEPT YOUR ORDER, SUBJECT ONLY TO >{ T|RmS OFTMI WIiTTIn CONTRACT RE TWEEN us UNDER WHICH YOUR ORDER IS PLACED. IF NO SUCH CONTRACT EXISTS. WE ACCEPT YOUR ORDER ONLY ON THE EXPRESS CONDITION Thai you ASSENT to The TERMS CONTAINED ABOVE AND ON THE REVERSE SIDE MEM OF, AND YOUR ACCEPTANCE AND RECEIPT OF THE GOODS SHIPPED HEREUNDER SHALL CONSTITUTE ASSENT TO SUCH TERMS. , LEXOLDMON006459  '" `' ,'>v TERMS AND CONDITIONS 1. FORCE MAJEURE. Deliveries may be suspended by either parly in case of Act of God, war, riots, fire, explosion, flood, strike, lockout, injunction, inobility to obtain fuel, power, raw materials, labor, containers, or transportation facilities, accident, breokoge of machinery or apparatus, notional defense requirements, or ony cause beyond the control of such party, preventing the manufacture, shipment, acceptance, or consumption of a shipment of the goods or of d material upon which the manufacture of the goods is dependent, If, becouse of any such circumstance, Seller is unable to supply the total demand for the goods, Seller moy ollocale its available supply among itself ond all of its customers, including those not under contract, in on equitable manner. Such deliveries so suspended shall be cancelled without liability, but the contract shall otherwise remoin unaffected.. , 2. BUYER'S CREDIT. Seller reserves the right, among other remedies,' either to terminate this contract or to suspend further deliveries under it in the event Buyer fails to pay for ony one shipment when same becomes due. Should Buyer's financial responsibility become unsatisfactory to Seller, cash payments or satisfactory security may be required by Seller for future deliveries ond for goods theretofore delivered. 3. WEIGHTS AND CONTAINERS. In the case of bulk carload, lank car, or tank truck shipments, shipper's weights sholl govern. Where shipment requires use by Seller of carboys, drums, barrels or other returnable containers, title to such containers sholl remoin in Seller and a deposit in the omount required by Seller must be made at the time the goods are paid for. Such container must be kept in good condition and may not be used for any material other than that shipped therein ond must be returned within sixty (60) doys from date of shipment. On such containers being so returned in good condition, a refund of the deposit will be made. ' . 4. SHIPMENTS. The quantity shipped in any contract month may be limited by Seller to either: (a) the averoge of the monthly quontilies ordered by Buyer hereunder for the preceding contract months, or (b) the maximum quonlity covered by this contract divided by the number of months in the contract period. Seller shall-not be bound to tender delivery of any quan tities for which Buyer has not given shipping instructions. 5. WARRANTY. Unless olfierwise provided herein, Seller warrants title ond that all 'gbods sold hereunder shall conform to Seller's standard specifications. Subject to the preceding sentence ond except as otherwise expressly stated herein, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED; AS 50 MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY .OTHER MATTER WITH RESPECT TO THE GOODS, whether used olone or.in combination with other substonces. Seller shall not be lioble for, and Buyer assumes responsibility for, all personal injury and property damoge resulting from the hondling, possession or use of the goods by Buyer. :. 6. LIMIT OF LIABILITY. All claims for olleged defective goods, shortage or other cause .sholl 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) doys ofter Buyer's receipt of the goods. Buyer's exclusive remedy shall be for damages, subject, however, to Buyer's agreement (hot for ony 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 domoged goods. In no event sholl Seller be liable for incidental or consequential damages. Transportation charges for the return of goods shall not be poid unless authorized in advance by Seller. 7. PATENTS. Seller warrants that any goods sold pursuant to this controcl, except as are made specifically for Buyer according to Buyer's specifications, do not infringe any volid U.S. patent. This warronty is given upon condition thol Buyer promptly notify Seller of any claim or suit involving Buyer in which such infringement is olleged, and if Seller is affected, thol 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 mode therefrom, either alone or in conjunction with other materials, will not infringe 0 patent, 8. FREIGHT TAXES. Any increase in freight roles poid by Seller on shipments covered by this contract and ony tax or govern mental chorge or increase in same hereofter becoming effective increasing the cost to Seller of producing, selling, or delivering the goods or of procuring materials used therein, ond any tax now in effect or increase in some payable by the Seller because of the sale of the goods, such os Sales Tax, Use Tox, Retailer's Occupational Tax, Gross Receipts Tox, moy, ot Seller's option, be added to the price herein specified. 9. LOSS IN TRANSIT. In cose of breakage or loss in tronsil, Buyer shall have notation of same made on expense bill before poying freight. 10. PLASTIC MATERIALS. Because of the conditions involved in the manufacture of plastic materials, where on order calls for o product to be made up specially for Buyer: (1) A delivery of not less than 90% of the order will be considered a complete fulfillment of the order. (2) In case of on over-run, Seller moy deliver ond Buyer will accept ony such excess up to 10% of the order, but not more thon 1,000 pounds. 11. FAIR LABOR STANDARDS ACT. The material covered hereunder is warranted to hove been produced in compliance with the requirements of the Fair Lobor Standards Act of 1938, ond with all amendments thereto. 12. MISCELLANEOUS. This contract is to be construed according to the lows of the Slate of Missouri. This document constitutes the full understanding of the parlies, ond no terms, conditions, understanding or agreement purporting to modify or vory the terms of this document shall be binding unless hereafter mode in writing and signed by the party to be bound. 0391673 LEXOLDA