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J_. A. Alley - B2SD_______________________________________
January 12, 1977
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Final PCB Fluid Orders
D. Wood B2SD
1. Recommendation. This is,< recommend a cover letter to go
with acknowledgements on final orders to our customers.
Attached is a draft of the letter with a blank acknowledge
ment form and a form that is completed. Basically, the
letter states that we consider the order firm and not
subject to cancellation.
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2. Background.
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a) Monsanto is vulnerable to manufacturing orders for
customers and then having them cancelled before they
are shipped. This could result in substantial costs to
Monsanto for raw materials, manufacturing, and inciner
ation.
b) We plan to handle return of rail car planning through
separate correspondence and discussions with our
customers.
c) Alternatives considered and reasons for rejection:
1. Take or pay agreements - Bob Potter has already
stated that he prefers not to use this approach.
2. Liquidated damage; contracts - Rejected because it
would require considerable time for legal processing
by Monsanto and our customers. Our customers would
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D. Wood
-2-
January 12, 1977
find this approach distasteful, thus impairing our efforts to exit this business while maintaining good relations and acting in a responsible manner. I am certain that we would receive considerable verbal "flak from our customers, i.e., "after all of these years Monsanto doesn't trust us t6 place an order in good faith and with good intentions". 3. Action requested To proceed with a cover letter along the lines of the attachment.
tmc Enclosure
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