Document MMgbr438kaO46mmVX2jXjKLbj

Monsantf MONSANTO COMPANY ST. LOUIS, MISSOURI 63166 DUPLICATE CUSTOMER S ORDER NO. P04285 DATE ENTERED DATE SHIPPED 01-13-72 INVOICE DATE 02-03-72 INVOICE NO. 14-02-91606 BORDEN CHEMICAL DIVISION OF BORDEN, INC PURCHASING DEPARTMENT MlDOLESEXt N.J. 06646 cl BORDEN, INC. H o ADHESIVES L CHEMICALS DIVISION Ul 0. CL 930 LINCOLN BLVO L/> MIDOLLSEX, NEW JERSEY 08646 PPD OR COLLECT DELIVERY F.O.B. TERMS OF PAYMENT PAYMENT S' . - | PLEASE MAKE CHECKS PAYABLE TO: MONSANTO COMPANY MAIL TO P.O. BOX LISTED BELOW MONSANTO COMPANY BOX 6495 CHURCH ST STATION NEB YORK ' MAlISc'-; ' ENQUIRIES V TO N Y 10049 Cuifomr Service C*ntr - St. Louis MONSANTO INDUSTRIAL CHEMICALS CO. St. Louit, Miaaovri 63166 SHIPPER NO. ! ! i | 11 COL SHIPPED FROM AS INDICATED BELOW NET 30 DAYS CAR NO./TT CARRIER CUSTOMER SERVICE REPRESENTATIVE 472290 ANNISTON AL MICKEY , DESCRIPTION. PRICE ft UNIT ORIGINAL INVOICE 62 500 LB METAL 0RUM M0NTAR 5 6405-005- 17-0009-47-05------ 00382A FOB ANNISTON AL AT 31,742.00 Lq .0700 31,742.00 LBl 2 ,221.94 PAGE 2 ,221.94 | DSW 416858 O 0 8 5 TEEMS ANQ CONDITIONS NOTWITHSTANDING ANY INCONSlSTtNT OR ADDITIONAL TERMS THAT MAY BE EMBODIED IN YOUR PURCHASE ORDER. WE ACCEPT YOUR ORDER. SUBJECT ONLY TO 1H{ YiImSOFfSTwRlTIEN CONTRACT BETWEEN US UNDER WHICH YOUR ORDER IS PLACED. IF NO SUCH CONTRACT EXISTS. W ACCEPT YOUR OROER ONLY ON THE EXPRESS CONDITION Iha' YOU ASSENT 10 THE TERMS CONTAINED ABOVE AND On THE REVERSE SIDE HEREOF. AND YOUR ACCEPTANCE AND RECEIPT OF THE GOODS SHIPPEO HEREUNDER SHALL CONSTITUTE ASSENT 10 SUCH TERMS. STLCOPCB4102289 r.o i Yi/iA^/.OCy C' ;: jruoe^:v s:;x .: .tl ~ T'FORCE MMEtjfe mmmmsm TERMS AND CONDITIONS De^veries may ~be suspendei d--byje:ilher parly In case of Actof God, war; riots, lire, explosion, flood, strike, i lockout, injunction, inability to obtain fuel, power, raw materials, labor, containers, or transportation facilities, accident, breakage j_____of--machinery--or--apparatus,--nationaUdefensfe-requirements, or any cause beyond the comVd Y)? sacfr'party, preventing tpe mta'nufaCtuYer 'Shipment''acceptance, or consumption of a shipment of the'gobds or d fb&terial upon which Ihe manufacture j ofJ^Q^SPfe 48,epV^Se'S^,lf, becouseTqbacvy'such circumstance, Seller is una&le- td'iSupplyitbe total demand Jor the goods, ] Seller--may-allocate-its-available supply among itself and all of its customers, Jncludjng % l{i<jse n^t/under .contract, in On i equitable manner. Such deliveries so suspended shall be cancelled without liability, but the contract shall otherwise remain unaffected. , Y^AH^OD 0TAA8^0V. -...........- - -- ---------- ----- -- - ................ - * r- . 2. BUYER'S CREDIT. Seller reserves thiitfighl, among other remedies, either to terminate this contract} or .to suspend further deliveries under it -in /h'e.ieyent 9uyeriJc[iJj5;-fp pay for any one shipment when same t>e^oroes* due. Should Buyer's financial responsibility become unsatisfactory Jo Seller,. cash payments or satisfactory security may be required by Seller for future deliveries and fpr goods theretofore delivered. .. . 3. WEIGHTS AND CONTAINERS; In^iise of bulk carl oad, tank car, or tank truck shipments, shipper's weights shall govern. Where shipment requires use by Seller of carboys, drums, barrels or:othe'r returnable 'containers,'title to such containers shall remain in Seller and a deposit in the amount required by Seller must be jnade at the. time the goods are paid for. Such container. must -be kept Jn good condition and may not-be -used for-any malerial other, than that 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 will be made. ` ; ? - [j; , . o 4. SHIPMENTS. The quantity shipped in any contract month may be limited by Seller to either: (a) the average of the monthly - quantities ordered'by Buyer-hereunder, for thepreceding contract months, or (b)--the -maximum quantity covered by this contract divided _by the number of. months, in the contract period. Seller shall not be bound Jo tender delivery of any quan tities for which Buyer has not given shipping instructions. 5. WARRANTY. Unless ofherwise provided herein, Seller warrants title and that all goods sold' hereunder shall conform to Seller's standard specifications. Subject to the preceding sentence and except as otherwise expressly stated herein, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND. EXPRESS OR IMPLIED. AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR^NY.OTHER MATTER WITH RESPECT TO.THE GOODS, whether used alone or in combination with other substances. Seller shall not be liable for, and Buyer assumes responsibility for, all personal injury and property damage resulting from the handling, possession or use of the goods by Buyer._^ . 6. LIMIT OF LIABILITY. Ali claims-fox alleged defective goods, shortage or other cause shall be deemqd 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 agreement 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 ot 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 any goods sold pursuant to this contract, except as are made specifically for Buyer according to Buyer's specifications, do not infringe any 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 affected, 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 potent. 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 ihe goods or of procuring materials used therein, and any tax 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.(1) A delivery of not less than 90% of the order will be considered a 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. I T. FAIR LABOR STANDARDS ACT. The material covered hereunder is warranted to have been produced in compliance with the . requirements;;pf .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. DSW 416859 STLCOPCB4102290