Document O1KdGmwao6m2zbmJR0m2xXdyv

CIF CONTRACT for the sale of ASBESTOS FIBRE > 354 TURNERS A'22iTC5 riSRES LIMITED 16th Auguat 196) Asbestos House. 77 79 Fovntajn Street. Manchester 2. England Seilers sgrte to Mil and CnmU-TSED F10S0CT3 CC8PC1ATIQJ., F.O. BOX UJ, AKBLSB, FBrnsn.7iHZA, 7.3.A. ffiuyeni i^ree to purchase the following goods on the following tenns and coodiaona [. Descriptioa Asbestos Fibre x tons or 2.000 lb. net weight and Quantity Sriquaiaad Blue S3 - 10 tona (tan) 2. Price: Deuvery of the quantities shewn above is contingent upon the maintenance of a -ate or mining production of the qualities concerned ec.ui to current estimates tor the per.od of the contract. If for any reason these estimates are not maintained the tuar.cities to be delivered 'under this contract may be proper.cnateiy reduced at me ooiton >i the Seilers Per ton of 2.000 lb net weight P.o.h. South African Port Crlqualand Blue 3J 72. 0. Od. (aaranty two pound*) The price's! shewn above l>.are in Sterling or, at the option of the Sellers as prondec below, m the currency of either Southern Rhodesia or the Republic of South Afnca ana is are based on the conditions ruling at the date of this contract, and the Sellers are unable to bind themselves to any rued prices to be applicable to shipments during the year 19^3 The Sellers shall therefore have the right, at any time during the continuance of this contract, to notify the Buyers of increased prices iwtuch will become applicate forthwith to any deliveries shipped after the date of such notification: whether inch increases are caused bv increased muting costs or through any other cause In the event of tr.e Seilers so increasing the price si mentioned in this contract and charging ui ,:eu thereof the price'si ruling at the dates of shipment, the Buyers shall have the r.g.-.t .t they wish so to do to cancel the undelivered balances of the amounts comprisec wttmn this contract 3. Terms: Prompt net cash m Sierurg m London or at the option ot the Seilers sucn option being excrc-.sibic by notification m writing or by caole oi the Sellers at any time in respect of anv ieuvenes which have not been shipped it the due oi such notification in the currency of Southern Rhodesia for sales of Rhodesian asbestos i in London or Bulawayo at the option of the Seders. the Republic ot South Africa :for salesof asoestos trom the L'nionof South Africa or Swaziland, in London or Johannesourg at the option of the Seilers $7 t*la*rphlo transfer again*t praMnUtioa ot shipping ioauaant*. Bankax* ohargaa, Including coat of t*l*graphlo transfer, to bo for aoccrtmt of Bu/ara. 4. Freight: the above pnceii) is are btsed upon ireifnt rates as follows -- Per ton of 2.240 lb gross weight Praltfht to ba prepaid by Seller* and oharged to Buyer*. and Buvers are to pay or receive any difference - tr.e rate of freight above or below that figure. All charter benefits or allowances or tf.ms of primage to be for account of Seilers. .Any demurrage incurrea it port ot ::: marge and any export or other dutv tax or similar imposition in respect of the goods to be for account of Buvers 5. Imuruci: The above price:si is are based upon a marine insurance rate oi Inaoraaoa to ba ohargad to Buyara at nrmt rataa. per cent, and Buyers are to pay or receive any dirtrence in the rate of marine insurance above or below that agure. War risks and othrr kindred exceptional runs are not included and the goods will aot be insured against ;uch nsics urLess Buyers shall m anv particular case so request, and ui that event the -emrums theretor wiil be tor account of Buyers. If such risks are not insured agains' anv ioss trom anv such cause snail fall to Buyers. 4. Shipment: It is a condition of this Contract that instructtcns must be given by the Buyers for shipment thereunder during the contract year approximately equal monthly proportions or otherwise as agreed. Accordingly the Buyers shall give appropriate shipping instructions (either periodically or at or towards the beginning of the contract year) so as to give the Sellers ample tune to arrange shipments on this basis In the event of Buyers tailing (from any cause whatever) to comply with this condition the Sellers shall have the option to cancel those tonnages in respect of which up to the date of cancellation shipping instructions were not given by the Buyers in sui&cient time as aforesaid. If shipping instructions are given lor approximately equal monthly shipments as aforesaid or otherwise ax agreed, then the Sellers will use their best endeavours to arrange the necessary shipping facilities, but if and so far as this proves impossible for reasons beyond their control, then the provisions of Clause 12 hereof shall apply 7. Period of Shipment: Shipment by .. *SLLASLLOTD" 5th Auguat 1963 WSan PranelMo. t. Con of Discharging For account ot Buvers d. Advices of Shipment: Seilers will endeavour :o give prompt notice ot details ot each shipment to 3uvers. out in the event ot anv mutilation deiay in delivery or non-den-.err o: oacics or tt.-.er :ommumcatior.s concerning jnipmenti either addressed to or sent ov Seilers however oausec. Seilers shall not be responsible 'or anv consequences arising tnereirom. 10. Special Coodltloos: It is a condition ot this contract that all asbestos suppued unde: it snaj oe used be the Buyers in their own factors' or lactones and not re-so.d bv them in an unminutacturen state. 11. General Conditions: a: Should anv new export or other dutv or navigation tax or increase ji the existing duty or tax m the country oi ongm or port of shipment, or .-.crease m railway t.-.arges on the Atncan railway, and. or railways, on which the asbestos is earned or anv import or other duty in the country ot destination. :e usposes dur-utg the continuance or this contract, increasing cost of the asbestos to Se-rrs, the mcrease snail be paid bv Buyers on anv shipment tor which freight shall ha-, e seen engaged or steamer stemmed or oaced at the discretion ot the Seilers >b) If Buyers maxe default in payment or become suoject to Bankruptcy Law or go into liquidation for any purpose other than reconstruction or reorganisation Se.ers may at their option withhold all or any further deliveries tor juca tine as tnev thuix St and. or cancel the balance of the contract 13. Exception*: Sellers shall not be responsible either for non-: - pment or m the event o: any ceinenes being deiaved or prevented for anv oi the iou. .mg reasons, or m anv oi tne :oliowmg events -- a) In the event of any prohibition beirg placed on the export of asbestos b) In the event of any deliveries being delayed or prevented by want o: transport or railage, or while on the road and or railway, or during leasing, by force majeure or by causes arising from disaster on land, river, or sea id In the event or in consequence of tempests, earthquakes, cyclones. Soodlng or mines, earning away of bridges, or other cause hindering or preventing extraction from mines or transport oi asbestos from mine to railwav and or to port of shipment dl In the event of nr* or destruction oi mining materials or warehouses or store sheds iti In consequence of any Act of God or the Queen s enemies, or any war insurrection, strike or lock-out of workmen or anv other cause whatsoever beyond the control of Sellers If stoppage of or delay in deliveries is occasioned by any of the above causes or by any other umoreseen circumstances, the deliveries affected where they are not wnoiiy pre vented) may. at the option of the Seders, either be cancelled in whole or m par: or be wholly or partially suspended and m the case of suspension the time for deuver.t* agteed upon may be proportionately extended by the Sellers. 13. Arbitration: Anv impute ir.smg out or tr.ts tcntrac: to oe settled b\ arattra: Arbitrators one :o be appcmtea bv each piny to tne re:e:ei oursuant to the Arbitration Acts. 1889 to 1950 V.VC rire 14. Notice*: To be given m writing either delivered or by poit or bv cioie or by telegram to the parties it their loove-menuoaed addresses 15. English Law This contract is nude in England and English Law shall apply thereto tor ail surposes to apply: 14. Application to other orders: The terms and conditions contained in this Contract shad apoiy not oniv to ad gooes ordered by the Buyers thereunder but also so tar as appucable: to ad goods ordered by Buyers from Seders either by letter or anv other less torma. manner or ordered n ac cordance with the provisions of any other Agreement tor the supply oi asoestos bbre between Buvers and Seden. unless and except in so far as any other terms ins conditions contained in this Contract are inconsistent with anv special terms agreed between Buyers and Seders in any particular instance Accepted on behalf of Sellers: TCST33 ASBESTOS PI AnES LZHZTQ, Director. Accepted on behalf of Buyers: certain-teed products ccrpcr.1 CIF CONTRACT for the sale of ASBESTOS FIBRE -v- ^ TURNERS ASEEiTCj FI3RES LI.MITEO Dau Wtt August <}. Asbestos Hocse, 77 79 Foestain Street. Manchester 2. England i(ra to sell and PS0B0CT3 COtPOlATiai., P.O. MS U3, ilfllCI, POTSTLT15L4, U.3.A. Sellers : Buyers i agree to purchase the following goods on the following terms end conditions 1. Description Asbestos Fibre in tons of 2 000 lb. net weight end Q>uuidry: HIm Ta/C - 973 ton* (alu tamdrwd tad wraty fir ) 2. Pricei Delivery of the quanaaes shewn above is contingent upon the maintenance of a rate ot mining production of die qualities concerned equal to current estimates for the period of the contract. If for any reason these estimates are not mamtaineo the quantities to be delivered under this contract mav be propcrtionatelv reduced at the oot-.on ot the Sellers. Per ton of 2.000 lb net weight ,,0>b* Uourenoo liarquee TA/t 60. 0. Od. (sixty posada) The pnceis) shewn above is are us Sterling or. at the opoon of the Sellers as provided below, m the currency of either Southern Rhodesia or the Republic of South Africa ana is. are based on the conditions ruling st the date of this contract, and the Seilers are unable to bind themselves to any fixed pncee to be applicable to shipments during the year 19 The Sellers hn therefore have the right, at any time during the continuance of this contract, to notify the Buyers of increased prices (which will become appucasie forthwith to any deliveries shipped after the date of such nooneationi whether such increases are caused by increased mining costs or through any other cause. In the event of the Sellers so increasing the pnceisi mentioned ui this contract and charging oi lieu thereof the prtceisi ruling at the dates of shipment, die Buyers shall have the r.g.-.t :: they wish so to do to cancel the undelivered balances of the amounts comprised within this contract. 3. Term*: P.-omot tiet ji Stsrur.; jj Lcnocr. or j: :.'.e option :: the :euj:s iu:.-. oot.or. oeu-.g exetcisioie 3'- nctir.ciuon .n '.vr.iu-.g or 3'. oaole ov Seders it i.-.'. -jr.* respect 3: uv. oeuvertcs wmcn .live not been shipped 1: '.ne cite 0: suer. nonhciticn ji the currency oi Southern Rhodesia for si.es at Rhodesian ascesto*. tn Loncon or Su.iwivo it the option of the Seder*. the Republic of South A:nci for siiesot asbestos trom the 'd.-iiono: South Afnci or jwaidandi in London or Johumesbure it the cotton ot the Seder* By talcrsphle trmneTer against presentation 01 shipping --------- *1 Bankara ohargaa, inolading coat of talagraphio tranafar( to be for aooount of Ba/en. 4. Freight: the ibove price:s. 11. ire bued upon freight rices u foiiow* -- Per ton of 2.240 !b frois weight Freight to be prepaid bp S^ilara and charred to B^yere. ind Buyer* ire to pav or receive inv difference n the rite of freight ibove or below thit hgure AU chiner benehts or idowinces or tt-tts oi pnm.ige to be for iccount of Seder* Any demurrage incurred it port 01 --r.irge ind inv expert or other outv tax or sirtulir imposition in respect 01 the gooes to be for iccount of Buver* S. Insurance : The ibove price's' is ire based upon 1 tnmne .-.surance rate 01 Innuranea to ba nhargad to Bupara at currant rataa. per cent, ind Buyers ire to piv or receive iny u..-erer.ce ut the rate 0: xiru-.e .-.sorir.ee ibove or below that hgure. Wir risks ind outer uindred exceptior.il nsics ire not included ind the goods will not be insured igiir..: voc.n rjits ur.iess Busers sr.i.. r. mv particular case so request, and in that event the -emiums chereior wid be for icccun: of Buyers. If such risks are not insured again inv ioss from inv suc.n cause >rad fill to Buyers. 4. Shipment: It is 1 condinon of this Contract that instructitr.s must be given oy the Buvers :or shipment thereunder during the contract teir approximately equal ir.cr.ihiv proportions or otherwise a* agreed. According.v the Buyers shall give appropriate shipping instructions [either periodically or at or towards the beginning of the contract year) so as to give the Sellers ample tune to irrar.g: shipments on this basis In the event of Buyers failing ifrom any cause whatever: to comply with this ccr.aicicn the Sellers shall have the option to cancel those tonnages in respect of which up to the date of cancellation shipping instructions were not given by the Buyers in sufficient tune as aioresaid. If shipping instructions are given for approximately equal monthly shipments as aioresaid or otherwise u agreed, then the Seders will use their best endeavours to arrange the necessary shipping facilities, but il and so far aj this prove* impossible :or reasons beyond them control, then the provisions of Cause 12 hereof shall ipp.v 7. Period of 16th iagaix 1963 ui jl.t Daombar 1*3 I. Coic of Discharging: For account of Buvers 9. Advices of Shipment: Sellers will endeavour to five prompt notice 01 details of each slupment :o Buvers hut in the event of any mutilation, deiay m delivery or non-deuvery ot cables or ot.-.er com munications concerning shipments either addressed to or sent by Seilers however caused. Seders shall not be responsible for anv consequences arising therttrom It. Special Conditions: It is a condition of this contract that all asbestos suppued under it shad oe used by the Buvers us their own factory or factories and not re-sold by tbem in an unmanuiaccured state II. Central Conditions: a Should any new export or other duty or navigation tax or increase in the existing duty or tax in the country of origin or port of shipment, or increase m raiiwa1. marges on the African railway, and. or railways, on which the asbestos is earned or any import or other duty in the country ot destination, be imposed during the continuance o: this contract, increasing cost of the asbestos to ie.ers. the increase shall be paid by Buvers on any shipment tor which freight shall ha-- e been engaged or steamer stemmeq or loaded at the discretion of the Sellers. ib) If Buyers make default m payment or become subject to Bankruptcy Law or go into liquidation for any purpose other than reconstruction or reorganisation. Seders may at their option withhold ail or any further deliveries for such tune as tr.ev think fit and. or cancel the balance of the contract. 12. Exception*: Sellers shall oot be responsible either tor oon-s.- .cment or in the event 01 any leu'- enes being delayed or prevented for any ot the foil- tag reasons, or in any 01 the lodowmg ' events:-- ai In the event of any prohibition being placed on the export of asbestos b) In the event of any deliveries being delayed or prevented by want 01 transport or railage, or while on the road and or railway, or during loading, by force ma)eure or by causes arising from disaster on land. nver. or sea. cl In the event or in consequence of tempests, earthquakes, cyclones. fiooding o: mines, earning away of bridges, or other cause hindering or preventing extraction from mines or transport of asbestos from mine to railwav and or to port of shipment Id) In the event of fin or destruction of mining materials or warehouses or store sheds. (e) In consequence of any Act of Cod or the Queen's enemies, or any war insurrection, strike or lock-out of workmen or any other cause whatsoever beyond ths control of Seilers. If stoppage of or delay in deliveries is occasioned by any of the above causes or by any other unforeseen orcumstances. the deliveries affected (where thtv are not whoilv pre vented) may. at the option of the Seilers, either be cancelled in whole or m pan or be wholly or partially suspended and in the case of suspension ths ume for deiivene.* agreed upon may b proportionately extended by the Sellers. 1J. Arbltritloo: Any dispute arising out oi this centric: to be settled bv araiiraiion in Lor.ocn ov two Arbitrators one to be appointed by each pirtv to tne reterence1 or -tie:.' Lmoire pursuant to the Arbitration Acts. 1949 to I9SO 14. Notice*: To be fives m writing `either delivered or oy post or bv caoie or ov telegram to the parties at their above-mentioned addresses IS. English La* This contract is made in Enfland and English Law shall apply thereto lor all purposes to apply: 14. Application The terns and conditions contained in this Contract shall appiy not onlv to ad roods to other ordered by the Buyers thereunder but also so far as applicable! to ad goods ordered bv orders: Buyers from Sellers either by letter or any other less formal manner or ordered in ac cordance with the provisions of any other Agreement for the supply ot asbestos nbre between Buyers and Sellers, unless and except in so far as any other terms and conditions contained in this Contract are inconsistent with anv special terms agreed oetween Buyers and Sellers in any particular instance Accepted on behalf of Seller*: TCB.TQS ASBESTOS FIBRES LTIXTEB, A 1 Director. Accepted on behalf of Buyer*: CERTAIN-T5ZD PRCEUCTS CC?.?:?^ Ardmore Mr. A. 0. Graves January 6, 1964 CC: Mr. J. J. Durkin Ambler-Pipe Division T.A.F. - Contracts R. L. Lanz/mb i Attached are signed copies of Contracts #24 and JJ vlth Turners Asbestos Fiber Limited; X have signed these contracts for Certain-teed and have retained copies in Mr. J. J. Durkin's me. Both Mr. Durkin and I have checked the Contracts and approved quantities and prices. If they meet vlth your approval vUl you please farvard them to Turners Asbestos Fiber Co. CONTRACT for the sale of ASBESTOS FIBRE Vo_ 24 Dau tlth Dsesabsr 19 63- TURNERS ASBESTOS FIBRES LIMITED. Faulkner House. Faulkner Street. Manchester 1. England iSeliersi tgrtt to sell and CESTEJS-Tmi PRODUCTS CCHPORATICa, P.0. BOX 113, AMBUS, PSWSTL7ABI1, 0.3.A. iBuyerv agree to purchase the following foods on the following terms end conditions l. Description Asbestos Fibre m tons of 2.000 lb net weight, ind Quantity; Shodtalan C4C/3 " CAC/4 " CAC/5 -1,200 tens (on* thouaand two hundrwd) -3,000 ton* (ttarw* thouaand) 3,000 ton* (thrww thouaand) 2. Price: Deuverv of the quantities shewn above is contingent upon the maintenance o: a rate of mining production of the qualities concerned eciai to current estimates for the per.od of the contract. If for any reason these estimates are not maintained the quantities to be delivered under this contract may be proportionately reduced at tne option ot the Seilers. Per ton of 2.000 lb. net weight. C.i.f. B*S* Itlantlo 4 Gulf Port* C4G/3 83.16. fid. (sighty fIt* pound* sixtsan hilling* and iixpsno C4C/4 66. fi. Od. (alxty ala pound* and *lz hilling*) C*3/5 54. 3. Od. (fifty four pound* and thaws shilling*) Th* abor* prle** arw wubjsct to discount of 4J< on tb* P.o.b. qulTalant prlc**, which art a* followai- *. d. CJfi/3 0*3/4 0*0/5 77.10 . 0 (swvsnty **wn pound* and tan shillings) 58. 0. 0 (fifty sight pounds) 45.18. 0 (forty fir* ponds and sightasn shillings) Th* price:sI hewn above u.are m Sterling or. it th* option of th* 5*Lien as provided Lelow in the currency of either southern Rhodesia or th* Republic of South Alr.cs and u.ire based on th* condition* ruling at the date of this contract, and th* Seders are unable to bind themselves to any nxed prices to be applicable to shipments during the year 19*4 The Seilers shall therefore have the right, at any tune dunng the continuance of this contract, to notify the Buyers of increased pnees (which will become appiicaoie forthwith to any deliveries shipped after the date of such notification, whether such increases are caused by increased mining costs or through any other cause. In the event of the seders so increasing the prtceis) mentioned in this contract and charging m lieu thereof the price's) ruling at the dates of ship- nt, the Buyers shall have the right if they wish so to do to cancel the undelivered balances of the amounts compnsed within this contract. J. Trm: Prompt net cajh ut Sterling -x Ljnuon or it the option oi the oeiiers suer, option oexf exercisable by noiifieiiion in wnix,- ->r uv cibic by the beliefs it in;. time x respect oi mv dciivenes which have not been .hippea it the date ot iuch notihcation. x the currency ol Southern Rhodesia ; for sales of Rhodesian asbestos) in London or Buiawavo at the option of the Seders. (he Rcpublicot South Ainca for sales 01 asbestos from the L'nionoi South Africa or Swanland . m London or Johannesburg at the option 01 the Seders Bj telegraphio nufar against presentation 0f shipping document*. Benltar* ohargaii including cost or tsls^sphlo trs&sfari to bs for coconut of Buyer*. 4. Freight: the above priceis) is. are based upon freight rates as follows -- Per ton ol 2.240 lb gross weight. Tot C4C/3, C4C/4 A CAG/5 - 7.3. 5.25 (twenty fire dollars twenty firs esnts) oonrsrtsd st .80 (tro dollars sad sight/ osats) to the C Starling and Buyers are to pav or receive any difference tn tr.e rate of freight above or below that figure. .All charter benefits or allowances or returnis of primage :o be for account oi Sellers. Any demurrage incurred at port ot discharge ana any export or other outv tax or similar imposition m respect ol the goods to oe for account ot Buyers 5. Insurance : 4. Shlpmtat: The above priceis) is.are based upon a marine insurance rate of 5/34* (three shillings and threepence) per cent, and Buyers art to pay or receive any difierer.ee in the rate of marxe insurance above or below chat figure. War risks and other ^xdred exceptional rues are r.ot included and the goods will not be insured against s.:n rues 'unless Buvers snad x any particular case so request, and in that event the pre-:ums therefor wail be for account of Buyers. If such nsks are not insured against, ar.v loss from anv such cause shall fall to Buyers. Zhsursnos oarer for Strikes, Biota, CiTll Cessations and Kalisloua Oaaage la aubjeot to 48 hours noties of cancollation by tha Undarerltara. It u a condition of this Contract that xstructions must be given by the Buyers for shipment thereunder during the contract year approximately equal monthlv proportions or otherwise as agreed. Accordingly the Buyers shall give appropriate shipping instructions (either penodically or at or towards the beginning oi the contract year) so as to give the Sellars ample time to arrange shipments on this basis In the event of Buyers failing (from any cause whsteveri to comply with this condition the Sellers shall have the option to cancel those tonnages m respect of which up to the date of cancellation shipping instructions were not given by the Buyers in sudicient time as aforesaid. If shipping instructions are given for approximately equal monthly shipments as aforesaid or otherwise 11 agreed, then the Sellers will use their best endeavours to arrange the necessary shipping facilities, but if and so far as this proves impossible for reasons beyond their control, then the provisions of Clause 12 hereof shell apply 7. Period of Shlpmaac Bateean lot January 1964 tad 31t Dacanber 1964. S. Cox of Discharging For account oi Buyers Advices of Shipment: Seilers will endeavour to give prompt notice oi details of each shipment to Bu-.ers but in the event ot any mutiiation delay deuvery or non-delivery 01 cables or other tommumcationi cooceminj shipments either addressed to or sent by Seilers .ncwever caused. Sellers shall not be responsible for any consequences arising thereirom. 10. Special Conditions: It is a condition of this contract that all asbestos supplied under it shall be used bv the Buyers in their own factory or lactones and not re-sold by them in an inrr.arutactared state. 11. General Conditions: a. Should any new export or other duty or navigation tax or increase in the existmj duty or tax m the country of origin or port of shipment, or increase m raiiwav cr.arges on the African railway, and or railways, on *.-.:on the asbestos is earned or any unport or other duty m the country of destination, oe unposed during the continuance of this contract, increasing cost of the asbestos to Severs, the increase shall be paid bv Buvers on any shipment for which freight shall have been engaged or steamer stemmed or ioaded at the discretion ot the Sellers. (b) If Buyers make default in payment or become subject to Bankruptcy Law or go into liquidation for any purpose other than reconstruction or reorganisation Seilers may at their option withhold all or any further ieiivenes for such time as they thins St and or cancel the balance of the contract. 12. Exceptional Seilers shall not be responsible either for non-sh -men: or m the event of anv deuvenes bemg delayed or prevented for any of the foilo-'-.-.g reasons, or in any oi the following events:-- (a) In the event of any prohibition being placed on the export oi asbestos (b) In the event of any deliveries being delayed or prevented by want oi transport or railage, or while on the road and. or railway, or during loading, by force majeure or by causes arising from disaster on land. aver, or sea. (c) In the event or in consequence of tempests, earthquakes, cyclones, flooding of mines, carrying away of bndges. or other cause hindering or preventing extraction from mines or transport oi asbestos from mine to raiiwav and or to port of shipment. (d) In the event of fire or destruction of mining materials or warenouses or store sheds. (e) In consequence of any Act of God or the Queen s enemies, or any "a;, insurrection, strike or lock-out of workmen or any other cause whatsoever beyond the control oi Sellers. If stoppage of or delay in deliveries is occasioned by any of the above causes or by an other unforeseen circumstances, the delivenes affected twnere they are not wool.1, pre vented! may, at the option of. the Sellers, either be cancelled in whole or ui part or -e whoily or partially suspended and m the case of suspension the time :or deu-er.es agreed upon may be proportionately extended by the Seilers. 13. Arbitration: .Any dispute ansing out of tins contract to be settled by arsitration us Lonccn ov two Arbitrators one to be appointed by each party to tfle reterence. or aieir I'moire pursuant to tne Arbirrauon Acts. 1389 to 1950 14. Notlcti: To be given in writing either delivered or by post or by cable or by telegram to the parties at their above-mentioned addresses IS. English Law This contract is made m England and English Law shall apply thereto lor ail purposes to apply: 14. Application The terms and conditions contained m this Contract shall apply not otuv to ail gooos to other ordered by the Buven thereunder but also so far as applicable: to all gooes oreerec by orders: Buyers from Sellers either by letter or any other leu formal manner or orcered m ac cordance with the provisions oi any other Agreement for the supply of asbestos nbre between Buyers and Sellers, unless and except m so far u any other terms and conditions contained in this Contract are inconsistent with any special terms agreed between Buyers and Seilers in any particular instance Accepted on behalf of Sellers: TUETCHS ASBESTOS FT3BSS IXOTED Dirac ter Accepted on behalf of Buyer*: Pipe Divisisn Certain-teed Prsducts Carpcratija CONTRACT for the sale of ASBESTOS FIBRE 37 30tfc Suessfcsr 19 TURNERS ASBESTOS FIBRES LIMITED. Fallkner House, Faulkner Street. Manchester 1. England (Sellers, agree to sell and CERTAd- fED PfiOEtJCTS OORPOHATIQI., PIPE DIVISION, LEA BUILyIN. AMBLEH, fflVS7Ii7iJlAi U.S.A. Buyers) agree to purchase the loiiowuig goods on the following terms and conditions 1. Description Asbestos Fibre in tons of 2.000 lb. net weight, and Quantity: Blus TA/E f,iX tons (four thousand four hundred) 7<--S at O /U i tyt u.-j 2. Pries: Delivery of the quanaaes shewn above ij contingent upon the maintenance r. a rate it mining production of the qualities concerned equal to current estimates tor the period of the contract. If for any reason these estimates are not maintained the quantities to be delivered under this contract may be proportionately reduced at the option it the Seilers. Per ton of 2.000 lb net weight P. 0. b. Loumnco Marques TA/it H C6Q. O. Ode (sixty pounds) The pnceisj shewn above is/are m Sterling or. at the option of the Sellers as provided below, in the currency of either Southern Rhodesia or the Republic of South Afnca and is/are based on the conditions ruling st the date of this contract, and the Seilers are usable to bind themselves to any fixed prices to be applicable to shipments during the year 19&4 The Sellers shall therefore have the right, at any tune during the continuance of this contract, to notify the Buyers of increased prices (which will become appiicaole forthwith to any deliveries shipped after the date of such notification) whether such increases are caused by increased mining costs or through any other cause. In the event of the Sellers so increasing the pnce(s) mentioned in this contract and charging m beu thereof the pnceis) ruling at the dates of shipment, the Buyers shall have the right they wish so to do to cancel the undelivered balances of the amounts comprised withm this contract. 2. Terme: Prom pi nci cash m Sterling jj London or at Ole option o( the Seilers men option being exeruable by notification m wniin< or by cable by the Seilers at anv tame in reaoect 01 anv debvenea which have not been chipped at the date of tuch nonncaticm an the currency of Southern Rhodesia ffor sales of Rhodesian asbestos) in London or Bu.a"ayo at the option of the SeUen. the Republicof South Africa t for sala of labeitos from the L'nionot South Afnca or Swaadand) in London or Johannesourg at the option 01 the Seders. By tala^rnphlo transfer against prestation f ahlpping dominant*. Bankers cnerge*, laoluding eoat of tlgrmphio tncafar. to bo for aeoeuot of Buyers. 4. Freight: might to bo pro pad.4 by SoUora and ehargoa to &iyra. Any export or other duty, tax or similar imposition in respect of the goods to be for account of Buyers 5. Insurance insurance to ba ehnrgsd to Buyrt at currant ratoa. 4. Shipment: It is a condlnon of this Contract that insmjcuons must be given by the Buvers for shipment thereunder during the contract year approximate.y equal monthly proportions or otherwise as agreed. Accordingly the Buyers shall give appropriate shipping instructions (either periodically or at or towards the beginning of the contract year) so as to give the Sellers ample tune to arrange snipments on this basis. In the event of Buyers failing (from any cause whatever) to comply with this condlnon the Sellers shall have the option to cancel those tonnages in respect of which up to the date of cancellation shippmg instructions were sot given by the Buyers m luScent tune as aforesaid. If shipping instructions art given for approximately equal monthly shipments as aforesaid or otherwise as agreed, then the Seilers will use their best endeavours to arrange the accessary shipping fatalities, but if and so far as thu proves impossible for reasons beyond their control, then the provisions of Clause 12 hereof shall apply 7. Period of Shipment: jntwMS 1st Jsnusxy 1964 amt 31nt Oauasbar 1964 S. Coit of Discharging: For account oi Buverv 0. Advices of Shipment: SUcrj will endeavour to give prompt notice of details of each shipment to Buyers. but in the event of any muulacon. delay in delivery or non-delivery oi caDles or other com munications concerning shipments either addressed to or sent by Seller*, however caused. Sellers shall not be responsible for any consequences arising therefrom. It. Special Condition#: It is a condition of this contract that all asbestos supplied under it shall be used ny the Buyer* in their own factory or factories and not re-eold by them in an unmanu.actured state. II. General Conditions: (a) Should any new export or other duty or navigation tax or increase in the existing duty or tax in the country of origin or port of shipment, or increase in railway charge* on the African railway, and/or railway*, on which the asbestos is earned or any import or ocher ducy in the country of desemaaon, be imposed during the continuance of this contract, increasing cost of the asbestos to Seders. the increase shall be paid by Buyer* on any shipment for which freight shall have been engaged or steamer stemmed or loaded at the discretion of the Sellers. fb) If Buyers make default in payment or becomt subject to Bankruptcy Law or go into liquidation for any purpose other than reconstruction or reorganisation Seders may at their option withhold all or any further deliveries for such tune as they think fit and. or cancel the balance of the contract. 12. Exceptions: Seller* shall not be responsible either for non-sh.rment or in the event of any deliveries being delayed or prevented for any of the folio ^mg reasons, or in any oi the following venu:-- (a) In the event of any prohibition bong placed on the export of asbestos (bj In the event of any delivenae being delayed or prevented by ut of tranaport or raiiage. or while on the road and/or railway, or during loading, by force majeure or by causes arising from disaster on land. nver. or sea. (c) In the event or in conaequenc* of tempests, earthquakes, cyclones, flooding of tomes, carrying away of bridges, or other cause hindering or preventing extraction from mines or transport or asbestos from mine to railway and or to port of shipmmt. (d) In the event of flrs or dastructioo of raining matenala or warehouses or store sheds. (e) In consequence ol iny Act of God or tht Queen's enemies, or any war. insurrection, imkc or lock-out of workmen or any other cause whatsoever beyond tht control of Sellen. If stoppage of or delay in deliveries is occasioned by any of the above causes or by any other unforeseen dmimitances, the deliveries affected (where they are not whodv pre vented) may, at the option of the Sellen. either be cancelled in whole or in part or be wholly or partially suspended and in the case of suspension the time for deliveries agreed upon may be proportionately extended by the Sellen. 13. Arbitration: Ar.v dispute arsing out of this contact to b settled by arbitration is London dv two Arbitrators one to be appointed by each party to the reference i or their Umpire pursuant to the Arbitration Acts. 1889 to 1990. 14. Notices: To be given in writing (either delivered or by poet or by cable or by telegram i to the parties at their above-mcnnoned address*!. 19. English Law This contract is made in England and F"g|i Law shall apply thereto for ail purposes to apply: 14. Application The terms and conditions contained in this Contract shall apply not only to all goods to other ordered by the Buyers thereunder bat also (so far as applicable: to ail goods ordered by orders: Buyers from Sellers either by letter or any other less formal manner or ordered m ac cordance with the provisions of any other Agreement for the supply of asbestos fibre between Buyers and Seilers, unless and except in so far as any other terms and conditions contained in this Contract are inconsistent with any speaal terms agreed between Buyers and Seilers in any particular instance. Accepted on behalf of Sellers: TUS3EXS AC8EST03 JTBHE LIMITED, Accepted on behalf of Buyers: Pipe Division Certaln-teed Products Corporation cyi,. i i Production Manager * ff-rrt VU140TOM MAMCMI TURNERS ASBESTOS FIBRES LIMITED Faulkner House, Faulkner Street Manchester!, England Ttiaro CINrm 9J1* mil 1*149 JKA/JH Certain-teed Product* Corpn., Lea Building, Ajebler, Pennsylraala, U.3.A. For the attention of J. J. Durkin. Eso. Wednesday, 12th February. 196U. Dear 51rs, We refer to our letter dated 10th February regarding the supply of 500 tons Grlqualand S3 asbestos fibre. For the sake of good order w# confirm that we have amended Contract No.37 to read 3900 tons of Ta/K, and enclose herewith our Contract No.124 covering the supply of 500 tons Grlqualand S3* We would be obliged if you would return to us in due course the duplicate copy of this Contract duly signed. Yours faithfully /Enc for TURNNEERRSS, / IRES LIKITES 6A motnpor pt th Turrm Nowoil Group Certain-teed "Products Corporation 120 CAST LANCASTER AVCNUC ARDMORE. PENNSYLVANIA February 19, 1961+ Turners Asbestos Fibres LLaited Faulkner House Fsultoer Street Manchester 1, Ragland Gentlemen* At tbs request of Hr. Ralph L. Lana, Production Manager of our Pipe Clviaion at Amblor, Pennsylvania, we are enclosing a signed copy of Contract Mo. 2U. doted lecembor 11, 1963 and of Contract Uo. 37 datod December 1363, each for the sale of the asbestos fibers referred to therein. Tours very truly A0G:?h enc. Arthur 0. Graves Secretory bl. cc: R. L. Lsnz - Ambler J. J. Durkin - Amble Ardmore Mr. A. 0. Graves CC * Mr. J* J* n February 20, 196k Ambler-Pipe Division T.A.F. - Contract #124 a. L. Lanz/ob THIS COPY ron Attached you will find a signed copy of Contract #124 with. Turners Asbestos Fibres Limited; I signed this contract for Certain-teed and retained a copy for Mr. J. J. Durkin's file. Both Mr. Durkin and I have checked Contract #124 and approved quantities and prices. If this meets vlth your approval vlll you please forvard it to Turners Asbestos Fibres Limited. CIF CONTRACT for the sale of ASBESTOS FIBRE So. 124 Dau 12 th Paferu^istig. TURNERS ASBESTOS FIBRES LIMITED. Faulkner House. Faulkner Street. Manchester 1. England Sellers, agree to sell nd CEBA3>TBB PRODUCTS CCHP0RA7I, p.o. aoz 113. *nm, PBISILTAIZA. Q.9.A. fBuyersi igrte to purchase the following good, on the following term, ud conditions 1. De.cnptJon Asbestos Fibre in tom of 2,000 lb net weight, and Quantity: Crlgualand Bln* 93 300 tcna (fire inmdred) 2. Price: Delivery of the quantities shewn above is contingent upon the maintenance o: a rate of mining production of the qualities concerned equal to current estimates :or the period of the contract. If for any reason these estimates are not maintained the quantities to be delivered under this contract mav be proportionately reduced at the option ot the Sellers. Per ton of 2.000 lb net weight. P.O.b. South jLfrlMa Port Origan1 mil Blua 93 70 0. 0d (aerify pounds) The pncefs) shewn above is/are in Sterling or. at the opoon of the Sellers as provided below, in the currency of either Southern Rhodesia or the Republic of South Africa and is,are based on the .conditions ruling at the date of this contract, and the Sellers are unable to bind themselves to any fLeed prices to be applicable to shipments during me year The Sellers shall therefore have the right, at any tune during the continuance of this contract, to notify the Buyers of increased prices (which will become appucasie forthwith to any deliveries shipped after the date of such notification) whether such increases are caused by increased mining costs or through any other cause. In the event of the Seilers so increasing the pncetsj mentioned m this contract and charging m lieu thereof the pncefs) ruling at the dates oi shipment, the Buyers shall have the right if they wish so to do to cancel the undelivered balances of the amounts comprised wit.hui this contract. 3. Terms: Prompt net cash in Sterling in London or it the option of the Sellers such option being exercisable by notification in writing or by cable by the Seilers at any utne m tessect of any deiiver.es which have not been shipped at the date of such notification! in the currency of Southern Rhodesia (for sales of Rhodesian asbestos) in London or Bulawayo at the option of the Sellers. the Repubiicof South Africa 'for sales of asbestos from the L'nion of South Africa or Swaziland) in London or Johannesburg at the option of the Seilers. ^ tnle^mphie trannfar agalnat pr--natation of ahlpplag documents. Banker* ahnrgaa, Inolndln< scat of talagrmptalo transfer, to ba for aeeooit of B^ars. 4. Freight: the above pnce(s) is/are baaed upon freight rates as follows -- Per ton of 2.240 lb. gross weight. height to be prepaid by Sellars and ohnrgad to Btqrara. and Buyers are to pay or receive any difference in the rate of freight above or below that figure. All charter benefits or allowances or returns of primage to be for account of Sellers. Any demurrage incurred at port of discharge and any export or other duty, tax or similar imposition in respect of the goods to oe for account of Buyers. 5. Insurance : The above pneeis) is/are based upon a marine insurance rate of ZnmmnM to bo ohnrgad to Itgm at currant rataa. per cant, and Bayers are to pay or receive any difference in the rate of marine insurance above or below that figure. War risks (and other undred exceptional risks', are not included and the foods will not be insured against s.:h risks unless Buyers shall in any particular case so request, and in that event the pr-rruums therefor will be for account of Buyers. If such risks are not insured agamst, *nv loss from any such cause shall fall to Buyers. 4. Shipment: It is a condition oi this Contract that instructions must be given by the Buyers for shipmmt thereunder during the contract year approximately equal monthly proportions or otherwise as agreed. Accordingly the Buyers shall give appropriate shipping instructions (either periodically or at or towards the beginning of the contract year) so as to give the Seilers ample tune to arrange shipments on this basis. In the event of Buyers failing (from any cause whatever) to comply with this condition the Seilers shall have the option to cancel those tonnages in respect of which up to the date of cancellation shipping instructions were not given by the Buyers in sufficient time s aifireeeii. If shipping mitractions an given for approximately equal monthly shipments u aforesaid or otherwise as agreed, then the Sellers wtll use their beet endeavours to arrange the necessary shipping taciliciM, but if and so far aa this proves unpossible for reasons beyond their control, then the provisions of run*. 12 hereof hn apply 7. Period of Shipmtac 12th TtbratX7 tad Jltt Dtetabtr 1964* S. Coit of Discharging: For account of Buyers. 9. Advices of Shipment: Sellers will endeavour to five prompt notice of details of each shipment to Buvers. but in the event of any rauuiation. delay in delivery or non-delivery' of cables or other com munications concerning shipments either addressed to or sent by Sellers, however caused. Seilers shall not be responsible for any consequences insing therefrom. It. Special Condittons: It is a condition of this contract that all asbestos supplied under it sbail be used bv the Buven in their own factory or factories and not re-soid by them in an unmanxactured state. 11. General Conditions: ;ai Should any new export or other duty or navigation tax or increase in the existing duty or tax in the country of origin or port of shipment, or increase in railway charges on the African railway, and/or railways, on which the asbestos is earned or any import or other duty in the country of destination, be imposed during the conttnuance of this contract, increasing cost of the asbestos to Sellers, the increase shall be paid by Buyers on any shipment for which freight shall have oeen engaged or steamer stemmed or loaded at the discretion of the Sellers. (b) If Buyers make default m payment or become subject to Bankruptcy Law or go into liquidation for any purpose other than reconstruction or reorganisation Sellers may at their option withhold all or any further deliveries lor such time as thev trunk ht and or cancel the balance of the contract. 11. Exceptions: Sellers shall not be responsible either for non-shiprmt or in the event of any debver.es bong delayed or prevented lor any of the following reasons, or in any oi the loilowuig events:-- la'i In the event of any prohibition being placed on the export of asbestos. (b) In the event of any deliveries being delayed or prevented by wut of transport or railage, or while on the road and,or railway, or during loaaing, by force majeure or by causes arising :rom disaster on land, river, or sea. (c) In the event or in eonesquenet of tempests, earthquakes, cyclones, flooding of mines, carrying away of bridges, or other cause hindering or preventing extraction from minM or transport of asbestos from mine to railway and or to port of shipment. (d) In the event of Sr* or destruction of mining metenals or warehouses or store sheds. (e) In consequence of any Act of God or the Queen's enemies, or anv war, insurrection, strike or lock-out of workmen or any other cause whatsoever beyond the control of Sellers. II stoppsgt of or delay in deliveries is occasioned by any of tha above causes or by any other unforeseen circumstances, the deliveries affected (where they are not wholly pre vented) may, at the option of the Sellers, either be cancelled in whole or in part or be wholly or partially suspended and in the case of suspension the time for deliveries agreed upon may be proportionately extended by the Sellers. 13. Arbitration: Anv dispute arum; out of this contract to be settled by arbitration in London bv two Arbitrators one to be appointed by each party to the reference' or their Umpire pursuant to the Arbitrsnoa Acts. 1389 to 1930. 14. Notices: To be given in writing (either delivered or by post or by cable or by telegram > to the parties at their above-mentioned addresses. 15. English Law This contract is nude m England and Fngliih Law shall apply thereto for all purposes, to apply: It. Application The terms and conditions contained in this Contract shall apply not otny to all goods to other ordered by the Buyers thereunder but also (so far as applicable) to all goods ordered by orders: Buyers from Sellen either by letter or any other leu formal manner or ordered m ac cordance with the provisions of any other Agreement for the supply of asbestos fibre between Buyers and Sellers, unleu and except in so far u any other terms and conditions contained in this Contract are inconsistent with any special terms sgTeed between Buyers and Sellers m any particular instance. Accepted on behalf of Sellers: TQRSSS ASBESTOS TUBES L2QTO| Strict sr. Accepted oo behalf of Buyers: csca:"-ts pscxcts ::h?:=at::n Vice ?resiienh-Man-d:'a:"..rid^ Ardmore Mr. A. 0. Graves March 9, 1964 Ambler T.A.F. - Contracts 147 and 149 R. L. lanz/fs cc: Mr. J. J. Durkin Attached you vlU find signed copies of Contracts 147 and 149 vith Tuners Asbestos Fibres limited; I signed these contracts far Certain-teed and retained a copy far Mr. J. J. Durkin's file. Mr. Durkin and I have checked Contracts 147 and IU9 and approved quantities and prices. If this meets vlth your approval vlll you please forward than to Tuners Asbestos Fibres United. rmliiiuwi VULMVTON. MAN04BTCH DNH/CM TURNERS ASBESTOS FIBRES LIMITED Faulkner House, Faulkner Street Manchester 1, England TMLIftOHI CSNmi 0334 TtLIS KUO Certain-teed Products Pipe Division, Lea Building, Ambler, Pennsylvania, U.S.A. Corporation, For coot WtTUY-* SXCOND Thursday, 5th March, 1964. Dear Sirs, Further to our letter of 25th February we now have pleasure in enclosing in duplicate our contracts Nos. 147 and 149 covering Blue fibres as per your purchase order No.G4905. We shall be pleased if you will sign one copy of the contract and return it to us in due course. The other copy can be retained for your records. Yours faithfully, for TURNERS ASBESTOS FIBRES LIMITED JffV A mombor of tho Tumor & Nowoll Group FOB CONTRACT for the sale of ASBESTOS FIBRE .v. 147 Dtu 5th Burch TURNERS ASBESTOS FIBRES LIMITED, Faulkner House. Faulkner Street. Manchester 1. England iSeilersi tp" ,o ku and crmn-rgg) woeocts cospobisioi., P.0. BOX 113, AISLES, PHX3TL7A5XA, 0.3.4. (Buyers i agree to purchase the following goods on the following terms and conditions 19 64. l. Description Asbestos Fibre in tons o( 2.000 lb. net weight, and Quantity: Grlquulaad 2hi 33 100 toaa (cm haadrad) 2. Pries: Delivery of the quantities shewn above is contingent upon the maintenance of a rate of minxg production of the qualities concerned equal to current estimates for the period ot the contract. If for any reason these estimates art not maintained the quantities to be delivered under this contract may be proportionately reduced at the option 01 the Sellers. Per ton of 2.000 lb. net weight P.O.b. South Afrlomi port Orlquulaad Bio* 33 6 70. 0. Od. (asraa^1 pounda) The price!*) shewn above is/art us Sterling or. at the option of the Sellers is provided below, in the currency of either Southern Rhodesia or the Republic of South Africa and is, an based on the conditions ruling at the date of this contract, and the Seders are unable to bind themselves to any fixed prices to be applicable to shipments during the year 1#4. The Sellers shall therefore have the right, at any time during the continuance of this contract, to notify the Buyers of increased prices (which will become applicable forthwith to any deliveries shipped after the date of such notification) whether such increases are caused by increased mining costs or through any other cause. In the event of the Sellers so increasing the pnce(s) mentioned in this contract and charging in lieu thereof the pneets) ruling at the dates of shipment, the Buyers shall have the right if they wish so to do to cancel the undelivered balances of the amounts comprised within this contract. 3. Term*: Prompt set cash m Sterling m London or ;at die opnon of die Sellen luch option being exercisable by notification in wnnng or by cable by the Seders at any tune * respect ot any deliveries which have not been shipped at the date ot such notification, m the currency of Southern Rhodesia ffor sales of Rhodesian asbestosi in London or Bulawayo at the option of the Sellers. the Repnbllcof South Ainca i for sales of asbestos from the L'tuonof South Afnca or Swaaland) in T or Johannesourg at the option of the Seders. By t*lanphla tnufsr hgniadt pr--enthtlom of hipping document*. BaaJara ahnrree, Inaluding ooet of toXognphla tnufir, to bo for isemt of Bayoro. 4. Freight: to bo prepaid by SoUoro and charged to Buyerne. Any export or other duty, tax or account of Buyers. imposition in respect of the goods to be for 5. Insurance: Inaareaaa to bo charged to Joyirs ot current ratoe. 4. Shipment: It is a condition of this Contract that instructions must be given by the Buyen for shipment thereunder dunnf the contract year approamateiy equal monthly proportions or otherwise as agrted. Accordingly the Buyen shall five appropriate shipping msguenons (either periodically or at or towards the beginning of the contract year) so as to give the SeUen ample am* to arrange shipments on this basis. In the event of Buyen failing (from any cause whatever) to comply with this condition the Seilen shall have the option to caneel those tonnages in respect of which up to the date of cancellation shipping instructions were not given by the Buyen m suicient u ilftritiH If shipping dutructioai an given for approximately equal moodily shipments as aforesaid or otherwise u agreed, then the Seders will use their best endeavours to arrange the necessary shipping faalides, but if and so far u this proves impossible for reasons beyond their control, then the provisions of Clause 12 hereof shall apply 7. Period o< Shipment: letaem Jtt teeh 19fid png et Beember 1964. S. Co*t o( Discharging: Far account 01 Buvers. S. Advices of Shipment: Sellers will endeavour to give prompt notice ol detail) of each shipment to Buvers but in the event ot any mutilation, delay in delivery or non-delivery 01 cable) or other com munication) concerning shipment) either addressed to or sent by Sellers, however caused. Sellers shall not be responsible for any consequences arising thereirom. It. Special Conditions: It is a condition of this contract that all asbestos supplied under it shall be used bv the Buyers in their own factory or factories and not re-toid by them m an unmanuiactured state. 11. General Conditioner 'at Should any new export or other duty or navigation tax or increase in the existing duty or tax in the country of origin or port of shipment, or increase m railway charges on the African railway, and. or railways, on which the asbestos is earned or any import or other duty in the country oi destination, be -t:rosed during the continuance oi this contract, increasing cost of the asbestos to Seller; the increase shall be paid by Buyers on any shipment for which freight shall have :ten engaged or steamer stemmed or loaded at the discretion of the Sellers. (b) If Buyers make default m payment or become subject to Bankruptcy Law or go into liquidation for any purpose other than reconstruction or reorganisation. Seders may at their option withhold all or any further oeuvenes for such time u they :hmc fit and/or cancel the balance of the contract. 12. Exceptions: Sellers shall not be responsible either for son-shirr-est or in the even! of anv deliver.es being delayed or prevented for any of the :ollow,,-.g reasons or in any ot me following eventa:-- (a) In the event of any prohibition being c.aced on the export of asbestos (b) In the event of any deliveries being delayed or prevented bv want ot transport or railage, or while on the road and or railway, or during loading, by force majeure or by causes arising :rom disaster on land, nver or sea. (c) In the event or in consequence of tempests, earthquakes, cyclones, flooding oi muses, carrying away of bridges, or other cause hindering or preventing extraction from mince or transport oi asbestos from mine 10 railway and or to port of shipment. (d! In the event of fire or destruction of mining materials or warehouses or store sheda. <) In consequence of any Act of God or the Queen s enemies, or any u, insurrection, strike or lock-out of workmen or any other cause whatsoever beyond the control of Sellers. If stoppage of or delay a deliveries is occasioned by any of the above causes or by any other unforeseen circumstances, the deliveries affected 'where they are not wholly pre vented) may. at the option of the Sellen. either be cancelled in whole or ui pan or be wholly or partially suspended and in the case of suspension the time for deiiienex agreed upon may be proportionately extended by the Sellers. 13. .Arbitration: Any dispute unsung out of thus contract to be settled by aroitratton m Lcnccr. ov two Armtratcrs one to be appointed by eicn piny to the reterence or t.-.eir L'mcire pursuant to the Arbitration Act*. 1889 to I960. 14. Notice*: To be given tn wnung either delivered or by post or by cable or ov telegram. to the parties it' eir above-mentioned addresses. 15. English Law This contract is made m England and English Law shall apply thereto tor aJ purposes, to apply: 14. Application The terms and conditions contained tn this Contract shall apply not or.iv to aJ gooes to other ordered by the Buyers thereunder but also iso far as applicable: to ail gooes creereo ov orders: Buyers from Sellers either by letter or any other leas formal manner or oreered m ac cordance with the provisions ot any other Agreement for the supply si asoestos dbre between Savers ana Seders -unless and except m so far as anv other terms and cocci ttens contained in this Contract are inconsistent with any special terms agreed between Buyers ar.d Sellers m any particular instance. Accepted on behalf of Seller*: TUB3EH3 ASBESTOS EIBRE3 LIMITED, Dirwo tor. Accepted on behalf of Buyer*: cerea::;-teed products o:rpcpat:::i pipe division,. Vice Presiieht-MesuTacrurihg FOB CONTRACT for the sale of ASBESTOS FIBRE .Vo. ug Dau 5 th March TURNERS ASBESTOS FIBRES LIMITED. Faulkner House. Faulkner Street. Manchester 1, England .Sellers) agree to sell and PHJmUwM 30BPQ8A2ZQ8 P.0. BOX U3 mtn, FS05TLTAXIA, n.s.A. Buyers) agree to purchase the following goods on the following terms and conditions 19 U. 1. Description .Asbestos Fibre in tons of 2.000 lb net weight, and Ouantity: Blua tl/t - 670 toaa (nix hndrad and MTMty) 2. Price: Delivery of the quantities shewn above is contingent upon the maintenance 0: 1 rate of mining production of the qualities concerned equal to current estimates tor the period of the contract. If for any reason these estimates are not maintained the quantities to be delivered under this contract may be proportionately reduced at the opr.on of the Sellers. Per ton of 2.000 lb. net weight 7>o.b. Lournaoo Mrquaa Blua li/t t0, 0. Cd. (sixty pounds) The pricets) shewn above ts/are in Sterling or. at the option of the Sellers is provided below, in the currency, of either Southern Rhodesia or the Republic 01 South Air.ca and 11/are based on the conditions ruling at the date of this contract, and the Se-ers are unable to bind themselves to any fixed prices to be applicable to shipments.during the ye19<4 The Seilers shall therefore have the right, at any tune during the contxuance of this contract, to notify the Buyers of increased pnees (which will become applicaoie forthwith to any deliveries shipped after the date of such notification) whether suen increases are caused by increased mining costs or through any other cause In the event of the Sellers so increasing the pnce(s) mentioned in this contract and charging m lieu thereof the pnceis) ruling at the dates of shipment, the Buyers shxu have the -ght if they wish so to do to cancel the undelivered balances of the amounts comprised within this contract. J. Terms: Prcrno: let cash in Sterling is London or 'at the option of -Jie Sellers such option hem* esercisioie by notification is writm, or oy cable by the Seilers at any une m respect oi inv deuver.es which have not been shipped at the date of such notification, is the currency of Southern Rhodesia (for sales of Rhodesian asbestos) is London or Bulawayo at the option of the Sellers. the Republicof South Africa i for saiesof asbestos from the L'monof South Africa or Swaalasdl in London or Johannesburg at the option of :he Seilers By telecrmphlo trspufer ifalnit pmatatlm f ahlppiaf doeuaiati. Bankers chart**, including aoet of tilicnphli tntsfsr, account of Ifsn. b* for 4. Freight: freight to bo prepaid Boiler* Mid charged to l^srs. \ Any export or other dury. tax or similar imposition m respect of the goods to be for account of Buyers. 5. Insuraacei laoonaeo to be charged to Baron it comet rmtii. 4. Shipment: It is a condition of this Contract that instructions must be given by the Buyers for shipment thereunder during the contract year approximately equal monthly proportions or otherwise as agreed. Accordingly the Buyers shall give appropriate shipping instructions (either periodically or at or towards the beginning of the contract year) so as to give the Sellers ample time to arrange shipments on this basis. In the event of Buyers failing (from any cause whatever) to comply with this condition the Sellers shall have the option to cancel those tonnages in respect of which up to the date of cancellation shipping mstrucooni ware not given by the Buyers in sufficient am* as aforesaid. II shipping instructions an given for approximately equal monthly shipments u aforesaid or otherwise as agreed, then the Seilers will use their best endeavours to arrange the necessary shipping facilities, but if and so far u this proves impossible for reasons beyond their control, then the provisions of dense 12 hereof shall apply Period of Shipment: twoan 5 th Maroh 1964 d Jilt SiMBbir 1964. I. Cost of Discharging: For account of Buyers. *. Advices of Shipment: Sellers wlU endeavour to jive prompt notice of details of each shipment to Buvers. but m the event of anv mutilation, delay ui delivery or non-deiivery ot cables or other com munications concerning shipments either addressed to or sent by Sellers, however caused. Sellers shall not be responsible for any consequences arising theretrom. It. Special Condition*: [t is a condition of this contract that all asbestos supplied under it shail be used bv the Buyers in their own factory or factories and not re-soid by them in an unmanuiaciured state 11. General Conditions: 'ai Should any new export or other duty or navigation tax or increase m the existing duty or tax in the country of origin or port of shipment, or increase in rakway charges on the African railway, and/or railways, on ^r.ich the asbestos is earned or any import or other duty in the country of destination. :e imposed during the continuance ot this contract, increasing cost of the asbestos to Seders, the increase shall be paid by Buyers on any shipment for which freight shall have been engaged or steamer stemmed or loaded at the discretion of the Seilers. Ibl If Buyers make default in payment or become subject to Bankruptcy Law or go into liquidation for any purpose other than reconstruction or reorganisation. Seders may at their option withhold all or any further deliveries for such :ime as thev mink fit and. or cancel the balance of the contract. 12. Exception*: Sellers shall not be responsible either for non-sr. ument or in the event of anv ueliver.es being delayed or prevented for any of the folic 'ing reasons, or in any o: the following events -- (a) In the event of any prohibition being placed on the export of asbestos lb) In the event of sny deliveries being delayed or prevented by ant 01 transport or railage, or while on the road and or railway, or during loading, by force majeure or by causee arising from disaster on land. nver. or sea. (c) In the event or m consequence of tempests, earthquakes, cyclones, flooding of mines, carrying away of bndgt), or other cause hindering or preventing extraction from mines or transport of asbestos from mine to railway and. or to port of shipment. (d) In the event of fire or destruction of mming materials or warehouses or store sheds. (e) In consequence ol any Act of God or the Queens enemies, or any war. insurrection, strike or lock-out of workmen or any other cause whatsoever beyond the control of Sellers. If stoppage of or delay in deliveries is occasioned by any of the above causes or by any other unforeseen arcumstinces. the deliveries affected (where they are not whodv pre vented) may. at the option of the Sellers, either be cancelled in whole or in part or oe wholly or partially suspended and m the case of suspension the time for deliveries agreed upon may be proportionately extended by the Sellers. 13. Arbitration: Ar.y dispute arising out oi this contract to be tattled by arbitration m Lonccn iv two Arbitrators one to be appointed by each party to the retertncei or -Heir Umpire pursuant to the Arbitration Acu. 1389 to 1950 14. Notices: To be jives in writing 'either delivered or by post or by cable or by teleframi to the parties at their above-mentioned addresses. 15. English Law This contract is made m England and FnjhOi haw shall apply thereto ior all purposes, to apply: 14. Application The terms and conditions contained m this Contract shall apply not only to ail gooes to other ordered by the Buyers thereunder but also iso far as applicable! to all foods oraered by orders: Buyers from Sellers either by letter or any other leas formal manner or ordered in ac cordance with the provisions of any other Agreement for the supply of asbestos fibre between Buyers and Sellers, unless and except in so far as any other terms and conditions contained in this Contract are inconsistent with any special terms agreed between Buyers and Sellers in any particular instance. Accepted on behalf of Sellers: TUKB1KS A3XF9S03 POSES Mvrwn, fa Director. \ Accepted on behalf of Buyera: CHEATS-TEED PRODUCTS CORPORA"::; PIPE DIVISION ft/ Vice President-Manufacturing Certain-teed Products Corporation 120 EAST LANCASTER AVENUE ARDMORE. PENNSYLVANIA OVERSEAS AIRMAIL March 11, 1964 Turners Asbestos Fibres Limited Faulkner House Faulkner Street Manchester 1, Hhgland Gentlemen! At the request of Mr. Ralph L. Lanz, Production Manager of our Pipe. Division at Ambler, Pennsylvania, we are enolosing herewith a signed copy of each of the following contracts for the sale of the asbestos fibers referred to there In t 1. Contract Ho. 124 dated February 12, 1964* 2. Contract Ho. 132 dated February 25, 1964. 3. Contract Ho. 147 dated March 5, 1964. 4. Contract Ho. 149 dated March 5, 1964. Yours very truly. AOGtph ends. bl. cc: R. L. Lanz - Ambler J. J. Durkin - Ambler Arthur 0. Graves Secretary Ardmore Mr. A. 0. Graves May 15, l9ok Ambler Pipe Division T.A.F. - Fiber Contracts r25h and 255 R. L. Lann - 1st , cc: Hr. J. J. Durkin Attacked you will find signed originals of Contract 3=25^ and Contract f255 with Turners Asbestos Fibres Limited. I signed these contracts for Certain-teed and have retained a copy for Mr. J. J. Durkin's files. Mr Durkin and I have checked these contracts and have approved quantities and prices. If tbi3 meets with ycur approval, will you please forward them to Turners Asbestos Fibres Limited. CONTRACT for the sale of ASBESTOS FIBRE .v. 254 Dm 12th Iter 19 64. TURNERS ASBESTOS FIBRES LIMITED, Faulkner House. Faulkner Street. Manchester I, England ;5eilersi agree to Mil and CEBSAXB-TSS PHQDUC73 COB7QBAT10B, LEA BOILDHIC, AKBUX, PE3hS2UAlA, 17.3. A. Buyers i agree to purchase tbe following good] on the following terms and conditions 1. Description Asbestos Fibre in tons of 2,000 lb net weight, and Quantity: Hbodamlaa CSC/} CSC/i " CSC/} 250 tars (two 'mj-jLrsd and fifty) 150 torn (ono huciirsd and fLftg) 500 tana (fiww huadrsd) 2. Price: Delivery of the quannnes shewn above is contingent upon the maintenance oi a rate of mining production of the qualities concerned equal to current estimates :or the period of the contract. If tor any reason these estimates are not maintameo me cuantities to be delivered under this contract may be propcmonately reduced at the option 01 the Sellers. Per ton of 2.000 lb. net weight. C.i.f. U.3. Atlantia Port CSC/} <S 485* 16. 6d. (eighty firs tcixis ilatsen nnii-lrugi and slrpwnc CSC/i. i E6o. 6. Od. (sixty six petsia sir aliilllnga) CAi/5 4 434. 3* 0d. (fifty four pounda thrww oOllliagn) Tha abort prloaa ara aubjaat to a discount of qulralaot pries*, which ara aa follows1- on ths P.o.b. CAC/3 ClC/4 CSC/} 477.10. Od. (awraaty awwan pounda and tan shillings) 458. 0. Od. (fifty sight pounda) 445.18. 0d. (foTfy flat pounda and sightown ahlllln.ja) The pneeis) shewn above is. are in Sterling or. at the option of the Sellers as provided below, m the currency 01 either Southern Rhodesia or the Republic of South Africa and is. ere besed on the conditions ruling et the date of this contract, and the Seilers are unable to bind themsefvee to any fixed prices to be applicable to shipments du.-r.g the year l4. The Seilers shall therefore have the right, at any time durjtg the continuance of this contract, to notify the Buyers of increased pnees . which will become appucaole forthwith to any deliveries shipped after the date of such notification', whether such increases are caused by increased muung costs or through any other cause In the event of the Seilers so increasing the prtcefs) mentioned in this contract and charging ut lieu thereof Lie pneeisi ruiing at the dates of shipment, the Buyers shad have the r.g.-.: it they wish so to do to cancel the undelivered balances of the amounts comprised .w.r.ui this contract 3. Term*: Prompt net cash in sterling m London or at the option of the seders suer, ortton seir.g exercisaoie by notification m writing or sy table by the seders at anv tare s. rejoec: v any deliveries which have not been shipped at the date ot men notmcotxn in -he currency of Southern Rhodesia for sales of Rhodesian asbestos m London or Bu.uuavo at the option oi the Sellers. the Republicot South Africa for sales of asbestos from the Union o: South Ainca or Swaolandl in London or Johannesourg at the option oi :ne Seders Sy telfgrsphlo tranafar a^ainat preeentatlsn of aMpplng docuaenta. Beaker* afters**, Including coat of telegraphic tronafer, to be for account at Bayern. 4. Freight: the above pneets) is. are based upon freight rates as follows -- Per ton of 2.240 lb gross weight. Per ZiC/l, UC/4 * Cac/5 - 3.3. 5.25 (twenty fire dollar* and twenty fire cent*) converttil .t ^Z.&C (two dollar* uid eighty cent*) to the t Sterling. and Buyers are to pay or receive any difference the rate of freight above or below that figure. All charter benefits or allowances or returns of primage to be for account of Seilers. Any demurrage incurred at port of discharge and any export or other :u:v tax or similar imposition in respect of the goods to be for account ot Buyers S. lusruci: The above pnceisl is. are based upon a marine insurance rate of 2/3d. (tee ahilllaga and threepence) 94. Var Riak . per cent, and Buyers are to patffir receive any dmerenee m the rate of mewwe insurance above or below that figure-J7*n mei i*d inn- iiaasia imeeeneerweiiw eee-wet je*hs4*ddmkabog*ds u*Meee hs lemsed ign*f irh ninniiiitu Binn imn m nv psmmlir rsee in raqiieer ind in thv tuenr rhe -.mimt rbereine iwin-he < iinum if Bwmswi It wei>-n*<* eii meieeed egemn * leee ieem *v m seeee 4. Shipment: It is a condition of this Contract that instructions must be given by the Buyers for shipment thereunder during the contract sear approximately equal monthly proportions or otherwise as agreed. Accordingly the Buyers shall give appropriate shipping instructions (either periodically or at or towards the beginning oi the contract year) so as to give the Sellers ample time to arrange shipments on this basis. In the event of Buyers failing (from any cause whatever) to comply with this condition the Sellers shall have the option to cancel those tonnages in respect of which up :: the date of cancellation shipping instructions were not given by the Buyers in suiBcient time as aforesaid. If shipping instructions are given for approximately equal monthly shipments as aforesaid or otherwise .as agreed, then the Sellers will use their best endeavours to arrange the necessary shipping facilities, but if and so far u this proves impossible for reasons beyond their control, then the provisions of Clause 12 hereof shall appiv 7. Period of Shipment: Bate*cm 12th 1tag 19&4 and Jlat Becaebcr 19&4. I. Cost or Discharging: For account oi Buiers * Advlcss of Shipment: Seilers will endeavour to give prompt notice ot details of each shipment to Buyers, but us the event of any mutilation deiav ut delivery or non-delivery ot caDies or other cam* mumcations concerning shipments either addressed to or sent by Seilers, however caused. Sellers shall not be responsible for any consequences arising theretrom. II. Special Condi tione: It is a condition of this contract that all asbestos supplied under it shad be used by the Buyers in their own tactory or factories and not re-soid by them in an unmanu:ac:ured state. 11. General Conditions: :ai Should any new export or other duty or navigation tax or increase in the existing duty or tax in the country of origin or port of shipment, or increase in railway charges on the African railway, and. or railways, on wh.cn the asbestos is earned or any import or other duty m the country of destination, be mposed during the continuance of this contract, increasing cost of the asbestos to Seders the increase shail be paid by Buyers on any shipment for which freight shall have oeen engaged or steamer stemmed or loaded at the discretion of the Seilers. bl If Buyers make default in payment or become subject to Bankruptcy Law or go into liquidation for any purpose other than reconstruction or reorganisation Seilers may at their option withhold ail or any further deliveries for such :ime as they thinx fit and or cancel the balance of the contract. 12. Exception*: Sellers shall not be responsible either for non-sh:: meat or in the event ot any deliveries being delayed or prevented for any of the follow.g reasons, or m any ot the Allowing events:-- (a) In the event of any prohibition being placed on the export of asbestos (b) In the event of any deliveries being delayed or prevented bv want of transport or railage, or while on the road and. or railway, or during facing, by force majeure or by causes arising from disaster on land. nver. or sea. (c) In the event or us consequence of tempests, earthquakes, cyclones, flooding of mines, carrying away of bridges, or other cause hindering or preventing extraction from mines or transport of asbestos from min* to railway and or to port of shipment. id) In the event of fir* or destruction of mining materials or warehouses or store shed*. (*) In consequence of any Act of God or the Queen s enemies, or any war. insurrection, strike or lock-out of workmen or any ocher cause whatsoever beyond the control of Sellers. If stoppage of or delay in deliveries is occasioned by any of the above causes or by any other unforeseen circumstances, the deliveries affected (where they are not wholly pre vented) may. at the option of the Sellers, either be cancelled in whoie or in part or be wholly or partially suspended and m the case of suspension the time ior deliveries agreed upon may be proportionately extended by the Sellers. 13. Arbitration: Any dispute arising out o( tin contract to be settled by arbitration m London ov two Arbitrators one to be appointed by each party to the renter,ce 0t then Umpire pursuant to the Arbitration Acts. 1889 to 1950 14. Noticta: To be given in writing (either delivered or by post or by cable or by telegram i to the parties at their above-mentioned addresses. 15. English Law This contract is made in England and English La shall apply thereto tor all purposes, to apply: 14. Application The terms and conditions contained in this Contract shall apply not oniv to ail goods to other ordered by the Buyers thereunder but also iso far as applicable: to ail goods ordered by orders: Buyers from Sellers either by letter or any other less formal manner or orcered m ac cordance with the provisions of any other Agreement for the supply of asoestos nbre between Buyers and Sellers, unless and except in so far as any other terms and conditions contained in this Contract are inconsistent with any special terms agreea between Buyers and Seders in any particular instance. Accepted on be bell of Sellers: TOWERS ASBESTOS TIMES L2CTEB, Accepted on behalf of Boyers: CE?"A::;-rzEE Movers ccrpcp-at:::: p:?e division Ralpd L. Lhhz Vice Presidesb-Macufacrurics Certain-teed Vredacts Corporation 120 EAST LANCASTER AvESwE aRC^O^E, REsnsylvan'A June 15, 1964 OVERSEAS AIRMAIL Turners Asbestos Fibres Limited Faulkner House Faulkner Street Manchester 1, England Gentlemen: At the request of Mr. R. L* Lanx, Vice President-Manufacturing of our Pipe Division at Ambler, Pennsylvania, we are enclosing herewith a signed copy of Contracts Hos. 254 and 255 each dated May 12, 1964 for the sale of the asbestos fibers referred to therein. Yours very truly A0G:ph ends. bl.ee: R. L. Lanx - Ambler J. J. Durkin - Amble Arthur 0. Graves Secretary fMI -- TURNERS ASBESTOS FIBRES LIMITED Faulkner Home, Faulkner Street Mancheiterl, England VIUII CiKfMt .... DEB/MH Mr. R. L. Lans, Certain-toed Produets Pipe Division, Laa Building, ' t --------------- ---------------------- Corporation, ' -A ^J. Tl _____ BOTTLEV* UCOM Tuaaday, 7th July, 1964. Dear Mr. Lana, further to far 1attar af 13th June, Z hare had aa opportunity af eaaaal tint Mr. Hava about tho prieo laeroaao af Il/I aad thara la littla dauht tha aaeoaaity for thla at aa oariy data la raal if farvard praduatloa la Afriea la to ho aaoura. Aa agalaat our first lugioition of lot July ao tha effeetlve data, va vauld ask If lot August would aot ho. la all tha alrauaataaaaa. raaaaaahla ta you. Zt la uadarataad that yau ara at present paylac for our flbraa thirty daya aftor praaaatatlaa of shipping doeuaaata aad thla would aaaa that tha laeroaao la prieo would aot bo refloated la your aeoouate bafaro tho latter part of Septsaber. Mould you be food enough to lot ua know If you can approve tha data af August lot aad that tho prieo should then beeoae 64 per short tea P.o.b. Lsureaco Marques? Va appreciate your deolaloa to leave tho contraet position af Oriqualaad S unchanged far thla year. Tours sincerely. A tmmkf tfm Tvrmr S t D. S. BUCXLMT July Jo, l$fc* ;<r. R. ** `"tar-1 A'j^cu ic*s rV i.Uwrr ioifs TvilKt*r Street sraj Lin; teti Vm^-cexter 1, gy--* ^ ______ I bb replyia* to yocr letter of July 7* 196W regalia* the price increase is the 'l#,K srsdc, Is view of the elrcuBjtaoce*, I agree that tic effective date for this iocreesc vlil epply free 3 hi ;**<:?..; ssUe after Aufust 1, 1$64 Despite the increase. ve ere interested ic further tonnages of Blue fiber for 196b shits*tit. Ve prefer the W/K jpsde but cat: accept QrlquaLatd >3, if ueces^arj. Ve would like ^00 ton:. fur uhl^-seti*: la Dccerter 1/c-i. 7?l1s would not reifcjtce o*r requlrrsaeatj for lj vh'.:h, ot present tier, appear to te a total of $i0 thhJ. At this mutest we hm'e cot fiaeiized xr total reluiraoenta for esbe3tcu for l^fcj, however, ve Jo plan to let Mr* Eove knew of this before July 31*** fours HiucereJy, Bli V U* U Ijhlti 'fiCM .'re-. iiou*. - Ma jftfn:*f* iug TURNERS ASBESTOS FIBRES LIMITED Faulkner House, Faulkner Street Manchester 1, England Tuaaan, VULMSTON. MANCHtrm TILirtOMB CEKrtil 0334 Tt* 64S40 coot KNTUY f SCCONO 5CM/JH Certain-teed Products Corporation, Lea Building, Ambler, Pennsylvania, U.S.A. Wednesday, 9th September, 1964. Dear Sirs, Ve have pleasure in enclosing our Contracts Nos.395 396 and 397 in duplicate and should be obliged if you would kindly sign one copy of each and return to us in due course. Yours faithfully, av a mombl ot tho Tumi & NtwtU Group September 14, 1964 Mr. D. S. Buckley Tuners Asbestos Fibres Limited Faulkner Bouse Faulkner Street Manchester 1, England Deer Mr. Buckley: Enclosed are signed copies of Contract Hos. 395, 396, and 397 dated September 8, 1964. These contracts cover the purchase of the following tonnages of asbestos: Contract Grade Tons 395 Grlqualand Blue S3 396 Blue ar/AD 397 Rhodesian REsG/2 Rhodesian HfcG/T 200 (two hundred) 200 (two hundred) 10 (ten) 10 (ten) Sincerely yours, RLL:kt 0.t R. L. Ians Vice President Enclosures bcc: Mr. A. 0. Graves Mr. J. J. Durkin Kote to Mr. Durkin: We are attaching the signed originals of the above contracts for your document file. R. L. L. FOB CONTRACT for the sale of ASBESTOS FIBRE Vo. 395 Dan 8th September 19 6*. TURNERS ASBESTOS FIBRES LIMITED. Faulkner Hovse. Faulkner Street, Manchester 1. England (Sellersi agree to Mil and CERTAE-TED PRODUCTS CCRPOEATICS, LiCEATtbrUs,ILDIHGt FSTCiSTUANIA, 0.3.1. Buversi agree to purchase the following goods on the following terms and conditions 1. Description .Asbestos Fibre m tons of 2.000 lb net weight, and Quantity: Gre.buaJ.aad Slua S3 - 200 tons (twc hundred) 2. Price: Delivery of the quantises shewn above is contingent upon the maintenance o: a rate of mining producoon of the qualioes concerned ecual to current estimates for the penod of the contract. If for any reason these estimates are not maintained the quantities to be delivered under *h11 contract may be proportionately reduced at the option 01 the Sellers. Per ton of 2.000 lb. net weight. F.o.b. Scuth African Port Griquaiand 31ue S3 9 70. 0. Od. (serenty pounds) The price:si shewn above is/are in Sterling or. at the opnon of the Sellers as provided below, m the currency of either Southern Rhodesia or the Republic oi South A:nca and ta.are bsaed on the conditions ruling st the date of this contract, and the aeilers are unable to bind themselves to any fixed prices to be applicable to shipments during the year 190A The Sellers shall therefore have the right, st any time during the continuance of this contract, to notify the Buyers of increased prices (which will become applicable forthwith to any deliveries shipped after the date of such notification whether such increases are caused by increased mining costs or through any other cause. In the event of the Seilers so increasing the pnce(s) mentioned in this contract and charging m lieu thereof the pnceisl ruling at the dates of shipment, the Buyers shall have the r.gh: if they wish so to do to cancel the undelivered bali~-.es of the amounts comprised within this contract. 3. Trmi: Prompt net cash in Sterling m London or at tie option oi the Sellers such option oemg exercisable by notification in writing or. by cabie by the Seilers at anv time in respect ot any deuvertes which have not been shipped at the date ot such notification, us the currency of Southern Rhodeiu (for sales of Rhodesian asbestos) la London or Bulawayo at the option of the Sellers. the Republicoi South Afnea : for sales of asbestos from the L'nion of South Africa or Swaziland) in London or Johanaesour{ at the option of the Seders. By telegraphic transfer against presentation of shipping documents. Bankers charges, including cost of telegraphic transfer, to be for account of Buyers. 4. Freight: freight to be prepaid by Sellers and charged to Buyers. Any export or other duty, tax or imiisr imposition in respect of the goods to be for account of Buyers. 5. laminae*: Insuraact to be charged to Buyers et current rates. 4. Shipment: It is a condition of tbit Contract that instructions must be gives by the Buyers for shipment thereunder during the contract year approximately equal monthly proportions or otherwise aa agreed. Accordingly the Buyers shall give appropriate shipping instructions .either periodically or at or towards the beginning oi the contract year) so aa to give the Seilers ampie dm* to arrange shipments on this basis. In the even of Bnytrs failing (from any cause whatever) to comply with this condition the Sellers shall have the option to cancel those tonnages in respect of which up to the date of cancellation shipping instructions were not given by the Buyers in sufficient time aa aforesaid. If shipping instructions an given for approximately equal monthly shipments u aforesaid or otherwise u agreed, then the Sellers will use their best endeavours to arrange the necessary shipping faaiinss. but if and so far aa this proves impossible for reasons beyond their control, then the provisions of Clause 12 hereof shall apply. T- Period at Shipment: }0 tons to Philadelphia, ) 1J0 tone to Houston, ) 40 tons to Saa Francisco,) early Horeaber 1964. 1. Cost of Discharging: For account oi Buyers. Advicta of Shipment: Sellers will endeavour to give prompt notice of details of each shipment to Buvers Put is the event of any mutilation delay in delivery or non-deiivery oi casies or other com munications concerns; shipments either addressed to or sent by Sellers, however caused. Seilers shall not be responsible for any consequences arising therefrom. It. Special Conditions: It is a condition of this contract that ail asbestos supplied under it shall be used bv the Buyers in them own factory or factories ud not re-soid by them m an urur.ar.uiacHired state. II. General Conditions: 'a: Should any new export or other duty or navigation tax or increase in the existing duty or tax in the country of origin or port oi shipment, or increase in railway charges on the African railway, and 'or railways, on w -,:cn the asbestos is earned or any unport or other duty in the country of destination. :e jnpesed during the continuance of this contract, increasing cost of the asbestos to Se.ers. the increase shall oe paid by Buvers on any shipment for which freight shall ha: e seen engaged or steamer stemmed or loaded at the discretion of the Sellers. .b) If Buyers make default in payment or become subject to Bankruptcy Law or go into liquidation for any purpose other than -^construction or reorganisation Seilers may at their option withhold all or any further deliveries for such time as tr.ev thimc at and.or cancel the balance of the contract. 13. Exceptions: Seilers shall not be responsible either for non-sr. ament or in the event of any deiiver.es being delayed or prevented for any of the folic -mg reasons, or in any oi the lotlowmg vents:-- (a) In the event of any prohibition being placed on the export of asbestos (b| In the event of any deliveries being delayed or prevented by want oi transport or railage, or while on the road and. or railway, or during loading, by force majeurt or by causes arising from disaster on land. nver. or sea. (c) In the event or in consequence of tempests, earthquakes, cyclones, deeding ot mines, carrying away of bridges, or other cause hindering or preventing extraction from mines or transport of asbestos from mine to railway and or to port of shipment. (d) In the event of Sre or destruction of mining materials or warehouses or stort shsds. (s) In consequence of any Act of God or the Queen's snamies, or any war. insurrection, itnke or lock -out ot workmen or any other cause whatsoever beyond the control of Sellers. I! stoppage of or delay is deliveries is occasioned by asy of the above causes or by any other unforeseen circumstances, the deliveries adected {where they are sot wcoily pre vented) may. at the option of the Seilers, either be cancelled is whole or in part cr be wholly or partially suspended and m the case of suspension the tune !cr deuver.es agreed upon may be proportionately extended by the Sellers. 13. Arbitration: Ar.v dispute mini! tut ot tbus contract to be settled nv arbitration ji London by t-vo Arbitrators one to be appointed bv cac.n party to the rciercncci or their Umpire pursuant to the Arbitration Acts. 1SS9 to 1950 14. Notices: To be given m writing either delivered or by post or by cabie or av telegram: to the parties at their above-mentioned addresses. 15. English Law This contract is made m England and English Law shall apply thereto tor all purposes. to applr 16. Application to other orders: The terms and condldoos contained m this Contract shall apply not onlv to ad goods ordered by the Buyers thereunder but also so far as applicable' to ail gooes ordered by Buyers trom Seilers either by letter or any other less formal manner or ordered m ac cordance with the provisions of any other Agreement for the supply oi asbestos fibre between Buyers and Sellers, unless and except in so far as any other terms and conditions contained in this Contract are incsoaistent with any special terms agreed between Buyers and Seilers in any particular instance Accepted oo behalf of Seller*: TTr-VSiS ASSiSTCS TZ33I2 IZZZZD, Accepted on behalf of Buyer*: c2Ca::;-tez2 ??.cx:rs Vise CIF CONTRACT for the sale of ASBESTOS FIBRE .Vo. 396 Dau 8th September 19 a. TURNERS ASBESTOS FIBRES LIMITED. Faulkner House, Faulkner Street. Manchester 1, England (Sellers) to sell and CaTlIS-TESD PSCDuCTS COBPOHlTIOH, L&X flu i i.DCiQ. 1URT.7R, FSHNSH745IA, 7.3.A. ; Buyers i agree to purchase the following goods on the following tenm and conditions. 1. Description .Asbestos Fibre in tons of 2.000 lb net weight, end Quantity: Blue BT/iD - 200 tons (two hundred) 2. Price: Delivery of the quennoee shewn sbove is contingent upon the maintenance of a rate of mining producuon of the qualities concerned ecuai to current estimates for the period of the contract. If for any reason these estimates are not maintained the quantities to be delivered under this contract may be proportionately reduced at the opr.cn si the Sellers. Per ton of 2.000 lb net weight. C.i.f. 7.2. Atlantic Port BT/iT 9 C81. 2. 6d. (eighty on# pcur.ds two shillings end sixpence) The price(s) shewn above u/are in Sterling or. at the option of the Sellers as provided below, in the currency of either Southern Rhodesia or the Republic of South Afnca and is/art based on ths conditions ruling at the date of this contract, and the Sellers are unable to bind themselves to any fixed prices to be applicable to shipments during the year 19 64 The Sellers shall therefore have the right, at any tune during the continuance of this contract, to notify the Buyers of increased prices (which will become applicable forthwith to any delivehea shipped after the date of inch notification) whether such increases are caused by increased costs or through any other cauje. In the event of the Sellers so increasing the pnce(s) mentioned in this contract and charging m lieu thereof the pneeis) ruling at the dates of shipment, the Buyers shall have the right if they wish so to do to cancel the undelivered balances of the amounts comprised within this contract. J. Trm: Prompt net coin m Sterling m London or it the option o( the SeUers such option being ..icrcisioic ov notification in writing or oy caoie by the SeUen it iny ume m respect of inv dcuvenes utuen have not been shipped it the date of such nonhcition in the currency of Southern Rhodesia ifor safes of Rhodesian asbestos i in London or Buiiwayo at the option of the SeUen ithe Republic o: South Africa for safes of asbestos from the L'monot South Africa or Swinfindl in London or Johannesburg it the option ot the SeUen By tslsfrapbic transfer agair.it presentation of shipping doeuoents. Bankers chargee, including coat of talagraphie transfer, to ba for account of Bujwrs. 4. Freight: the above priceis) is, ire based upon freight rates as folfowi -- Per ton of 2.240 lb gross weight. For BT/AB - U.S. ^25.25 (twsntj flea dollars and twsnty fiva cants) converts! at ^2.90 (two dollars and-eighty cants) to tbs C Starling. and Buyen are to pay or receive any difference in the rate of freight above or below that figure. Aff charter benefits or aUowances or returns of primage to be for account of SeUen. Any demurrage incurred it port of disccirge and any export or other duty, tax or similar imposition in respect of the goods to be for account of Buverv 5. Insurance : The above priceisi is 'are based upon a marine insurance rate of 2/34. (two shillinga and thraapanca) a- 9d. Vox Risk per cent, and Buyen are to pay or receive any diflerer.ee in the rate of smc insurance above or below that figure. Wei min -eaS sihse iidscd meepmeei <w.,i >n not -- ^--n--11 -- *n tertl igeeset 1 -h twin ami B------- -hiii in if pssewuics-sesswwcgmci. ead is ibii meei the pre-run* fhareinr iinil ne ins ittaunt n( Bun-- Tt nifk n... ir nnr n.,,r.O -----li-nm fail le BuysiSi 4. Shipment: It 11 a condition of this Contract that instrnedons must be given by the Buyen for shipment thereunder during the contract year approximately equal monthly proportions or othtrwise as agreed. Accordingly the Buyen shall give appropriate shipping instructions (either periodically or at or towards the beginning of the contract yaar) so os to give the SeUen ample time to arrange shipments on this basis. In the event of Buyen filling (from any cause whatever) to comply with this condition the SeUen shaU have the option to cancel those tonnages in respect of which up to the dart of canctllarinn shipping instructions were not given by the Buyen in sufficient time u aforesaid. If shipping instructions art given for approximately equal monthly shipments oe aforesaid or otherwise as agreed, then the SeUen enil use their best endeavours to arrange the necessary shipping faculties, but if and so far u this proves impossible for reasons beyond their control, then the provisions oi Clause 12 hereof shaU apply 7. Period of Shipment: 30 tons to Philadelphia ) 130 tons to Houston ) Eorlj Novtabsr 1964. 40 tons to San Francisco ) S. Cot of Discharging: For account oi Buyers f. Advices of Shipment: Sellers uojj endeavour to five prompt notice of details of each shipment to Buyers hut m the event ot any mutilation, deiay in delivery or non-deiivery of cables or other tornmumcationi concerning shipments either addressed to or sent by Sellers, however caused. Seilers shall not be responsible for any consequences arising therefrom. It. Special Conditions: It is a condition of this contract that all asbestos supplied under it shall be used bv the Buyers in their oven factory or factories and not re-soid by tbem in an urjr.a.iu:ac:ures state. 11. General Conditions: 'a: Should any new export or other duty or navigation tax or increase m the existing duty or tax in the country of origin or port of shipment, or increase in raijwat charges on the African railway, and 'or railways, on which the asbestos is earned or any ur.pcrt or other duty in the country of destination, be mposed during the continuance of thus contract, increasing cost of the asbestos to Seilers, the increase shall be paid by Buyers on any shipment for which freight shall have been engaged or steamer stemmed or loaded at the discretion of the Sellen. (b) If Buyers make default in payment or become subject to Bankruptcy Law or go into liquidation for any purpose other than reconstruction or reorganisation Sejers may at their option withhold all or any further deliveries for such time as thev thinx at and. or cancel the balance of the contract. 12. Exceptions: Sellers shall not be responsible either for non-sh-tment or in the event of anv deliveries being delayed or prevented lor any of the folio* ng reasons, or m any 01 'die :oilowing events:-- (a i In the event of any prohibition being placed on the export of asbestos (b) In the event of any deliveries being delayed or prevented by want of transport or railage, or while on the road and.or railway, or during loaning, by force mi)eure or by causes arising from disaster on Land, river. or sea. (c) In the event or in consequence of tempests, earthquakes, cyclones, doodmg of mines, carrying away of bridges, or other cause hindering or preventing extraction from tuna or transport ot asbestos from mine to railway and or to port of shipment. (d) In the event of fire or destruction of mining materials or warehous or store sheds. (e) la consequence of any Act of God or the Queen s enemies, or anv war. insurrection, strike or lockout of workmen or any other cause whatsoever beyond the control of Seilers. If stoppage of or delay in delivena is occasioned by any of die above causes or bv anv other unforeseen circumstances, the deliveries ejected (where thev are no: wnodv pre vented) may, at the option of the Sellen, either be cancelled in whole or m part or be wholly or partially suspended and in the case of suspension the ame for deuvert' agteed upon may be proportionately extended by the Sellen. 13. Arbitration: Any dispute arising out of this contract to be settled by arbitration in London by two Arbitrators .one to be appointed by each party to the reference i or their L'mptre pursuant to the Arbitration Acts. 1889 to 1950. It. Notice*: To be given in writing 'either delivered or by poet or by cable or by telegram: to the parties at their above-mentioned addresses. 15. English Law This contract is made in England and English Law shall apply thereto for all purposes to apply: It. Application The terms and condioons contained in this Contract shall apply not only to ail goods to other ordered by the Buyers thereunder but also (so far as applicable! to all goods oraered by orders: Buyers from Sellers either by letter or any other lea* formal manner or ordered in ac cordance with the provisions of any other Agreement for the supply of asbestos dbre between Buyers and Seilers, unless and except m so far as any other terms and cocdiaons contained in this Contract are inconsistent with any special terms agreed between Buyers and Sellers in any particular instanca. Accepted on behalf o( Sailer*: 23 1S3ZSTCS rrsszs -ZC~D, Accepted oo behalf of Buyer*: - -12# CIF CONTRACT for the sale of ASBESTOS FIBRE So. J97 Dau 3th September 19 64. TURNERS ASBESTOS FIBRES LIMITED, Faulkner House. Faulkner Street. Manchester 1. England (Sellers) agree to Mil and CHU13-TE3 PSCSTJCTS COBPOEillON, in. amucs, PET<'S7I7iSLl, a.s.i. i Buyers) agree is purchase the following good] on the following teimi and conditions I. Description .Asbestos Fibre in tons of 2.000 lb net weight, and Quantity: Rhodaaian 34/H - 10 tana (tan) " RioS/T - 10 tons (tan) i i 2. Price: Delivery of the quantities shewn above is contingent upon the maintenance of a rate of mining production of the qualities concerned equal to current estimates lor the penod of the contract. If for any reason these estimates are not maintained the quantities to be delivered under this contract mav be proportionately reduced at the option of the Sellers. Per ton of 2.000 lb. net weight, p.o.b. Loursneo Marques 8AC/H 60. 0. Od. (sixty pounds) HidJ/T C4J.15* 0d. (forty three pounds fifteen shillings) The pnce(s) shewn above ia/ate in Sterling or. at the option of the Sellers as provided below, in the currency of either Southern Rhodesia or the Republic of South A.'r.ca and is/are baaed on the conditions ruling at tbt date of this contract, and the Seilers are unable to bind themselves to any heed prices to be applicable to shipments during the year 1964 The Sellars shall therefore have the right, at any time during the continuance of this contract, to notify the Buyers of increased prices (which will become applicable forthwith to any deliveries shipped after the date of such notification) whether such increases are caused by increased mining costs or through any other cause. In the event of the Sellers so increasing the pnce(s) mentioned m this contract and charging m ueu thereof the pricefs) ruling at the dates of shipment, the Buvers shall have the right if they wish so to do to cancel the undelivered balances of the amounts comprised within this contract. 3. Terms: Promst net cash in Sterling in London or it the option ot the ietlen sucn opiton uemc exercisable ov notification in writing or by cabie by the seilen it any time m .-csp^c: ji iny deliveries which hive not been shipped it the date ot such notification i ji the currency of Southern Rhodes! (for sales of Rhodesia asbestos) in London or Bulawayo at the option of the Seilen. the Republicof Sooth Africa (for silesof ubestos from the L'nionof South Afnca or Swuiaad) in London or Johannesburg at die option of the Seders. By telegraphic transfer against presentation of shipping docuaents. Bankers charges, including cost of telegraphic transfer, to be for account of Buyers, 4. Freight: the above pnceis) is are based upon freight rates as follows -- Per ton of 2.240 lb. grots weight To be psdd by supplier and charged to Buyer at coet. and Buyers are to pay or receive any difference in the rate of freight above or below that figure. Ail charter benefits or allowances or returns of primage to be for account of Seilen. Any demurrage incurred at port of discharge and any export or other duty, tax or similar imposition us respect of the goods to be for account of Buven 5. Insurance: The above pnceis) is, are based upon a marine insurance rate of To bs paid by supplier and chsrgsd to Buysr at cost. per cent, and Buyers are to pay or receive any difierence in the rate of marine insurance above or below that figure. War risks fsnd other .ndred exceptional nsicsi are not included and the goods will not be insured against sum nsks unless Buven ibaU in any particular case to request, and in that event the prerr..ums therefor wiil be for account of Buyers. If such nsks are not insured against, ar.c loss from any such cause shall fall to Buyen. 4. Shipment: It is a condition of this Contract that instruetuns must be given by the Buyen for shipment thereunder during the contract year approximately equal monthly proportions or otherwise as agreed. Accordingly the Buyers shall giva appropriate shipping instructions (either periodically or at or towards the of the contract year) so as to giva the Sellers ample time to arrange shipments on this basis. In the event of Buyen failing (from any cause whatever) to comply urith this condition the Seilen shall have the option to cancel those tonnages in respect of srhich up to the date of cancellation shipping instructions were not given by the Buyen in sudeat time u aforesaid. If shipping instructions are given (or approximately equal monthly shipments as aforesaid or otherwise is agreed, then the Seilen will use their best endeavoun to arrange the necessary shipping fsalines. but if and so far as this proves impossible for reasons beyond their control, then the provisions of Clause 12 hereof shall apply. 7. Period of SU^aut: km soon as possible. (. Goet of Discharging- For account of Buyers. Advices of Shipment: Seilers will endeavour to give prompt notice of detailj of each ihipment to Buven, but in the event of any mutilation delay in delivery or non-delivery of cables or other com munications concerning shipments either addressed to or sent by Sellen. however caused. Sellers shall not be responsible for any consequences arising therefrom. It. Special Conditions: It is a condition of this contract that all asbestos supplied under it shall be used by the Buyers in their own factory or factories and not re-sold by them m an unmanuiactured state. 11. General Conditions: `a; Should any new expert or other duty or navigation tax or increase in the existing duty or tax m the country of origin or port of shipment, or increase m railway charges on the African railway, and/or railways, on which the asbestos is earned or any unport or other duty in the country of destination, be unposed during the continuance of this contract, increasing cost of the asbestos to Seilers, the increase shall be paid by Buyers on any shipment for which freight shall have been engaged or steamer stemmed or loaded at the discretion of the Sellen. lb) If Buven make default in payment or become subject to Bankruptcy Law or go into liquidation for any purpose other than reconstruction or reorganisation Sellen may at their option withhold all or any further deliveries for such tune as they think fit and or cancel the balance of the contract. 12. Exceptions: Sellen shall not be responsible either for non-shement or in the event of inv deliveries being delayed or prevented for any of the following reasons, or in any of the lodowing evenu:-- (a) In the event of any prohibition being placed on the export of asbestos (b) In the event of any deliveries being delayed or prevented by want of transport or railage, or while on the road and/or railway, or during loading, by force majeure or by causes arising from disaster on land. nver. or sea. (c) In the event or in consequence of tempests, earthquakes, cyclones, flooding of mines, carrying away of bridges, or other cause hindering or preventing extraction from mines or transport of asbestos from mine to railway and or to port of shipment. (d) In the event of fire or destruction of mining materials ot warehouses or store sheds. (e) In consequence of any Act of God or the Queen's enemies, or any war. uuurrtctua, strike or lock-out of workmen or any other cause whatsoever beyond the control of Sellars. If stoppage of or delay in deliveries is occasioned by any of the above causes or by any other unforeseen circumstances, the deliveries affected (where they are not wholly pre vented) may, at the option of the Sellers, either be cancelled in whole or in part or be wholly or partially suspended and in the case of suspension the tune for deliveries agreed upon may be proportionately extended by the Sellen. 13. Arbitration: Any dispute anting out of this contract to be settled by arbitration a London ov rwo Arbitrators one to be appointed by each party to the reference' or their L'mpire pursuant to the Arbitration Acts. 1389 to 19S0. 14. Nodcen: To be given a writing (either delivered or by post or by cable or bv telegram i to the parties at their above-mentioned addresses 1$. English Law This contract is made a England and English Law shall apply thereto for all purposes to apply. 14. Application The terms and conditions contained a this Contract shall apply not onlv to all gooes to other ordered by tht Buyers thereunder but elso (so fir as applicable! to all goods oroerec by orders: Buyers from Sellers either by letter or any other lest formal manner or ordered a ac cordance with the provisions of any other Agreement for the supply of asbestos fibre between Buyers and Sellers, unless and except a so far as any other terms and conditions contained a this Contract art acocaistent with any special terms agreed between Buyers and Sellers a any particular astance Accepted on behmli of Sellers: TCr.'fEaS AS2ESTCS FI3EES A Mil- t "l.l Cirectcr. Accepted on behalf of Boyers: CE?.Vlc* Ardmore Legal November ZJ, I96U Ambler Pipe Admin. Mr. A. C. Graves T.A.F. - Fiber Contract No. fl. L. Lanz - kt cc: Mr. J. J. Durkin - Ambler Attached you will find the signed original of Contract No. 511 with Turners Asbestos Fibres Limited. I signed this contract for Certainteec and have retained a copy for Mr. Durkin's files. This fiber vlll be used experimentally to determine whether it is a satisfactory substitute in case supplies of our regular TA/K Blue Fiber fall short. Mr. Durkin and I have checked this contract and have approved the quantity and price. If this meets with your approval will you please forward the contract to Turners Asbestos Fibres Limited. Att FOB CONTRACT for the sale of ASBESTOS FIBRE Vo. 514 Due 2Jrd Hcv:.ibe. 19 64. TURNERS ASBESTOS FIBRES LIMITED, Faulkner House. Faulkner Street. Manchester 1, England Sellers 1 *4TM to sell nd c12T.Uy-:i3 ySCCUCCL CCUFuiiUICtl, LU 2UILSL.5, iifflLZ, P23NSTX.7AJ11, (Buyers) i^rtf to purchase the following goods os the following terms and conditions 1. Description Asbestos Fibre m torts of 2 000 lb net weight, and Quantity: 31ua 2CJR.3 - 10 tons (ta&) 2. Price: Delivery of the quantities shewn above is contingent upon the maintenance 0: a rate it mining production of the qualities concerned ecu si to current estimates ter t.-.e period of the contract. If for any reason these estimates are not maintained tr.e ciar.tities to be delivered under this contract may be propcr-icnateiv reduced a: the inner: 1: tr.e Seilers. Per ton of 2,000 lb. net weight P.o.h. Cape Town Blue KC23.3 0 -f.6?r-0. Cfl. (sixty seven perais) * C / t/ u ci Li -- - (.-CT'i-* el - The pnce(s) shewn above u.'are in Sterling or, at the option of the Seilers as pri-.-ded below, in the currency of either Southern Rhodesia or the RepuOuc oi Soutli A'-.ci ar. j is, are based on the conditions ruling at the date of this contract, and the Se-crs are unable to bind themselves to any fixed pnees to be applicable to shipments i-.m.j tr.e year 19 64 The Sellers shall therefore have the right, at any time during the cor.:ui -unce of this contract, to nooly the Buyers of increased pnees (which will become icpucicie forthwith to any deliveries shipped after the date of such notification wnether suer, increases are caused by increased muling costs or through any other cause. In :he event of the Sellers so increasing the pnce(s) mentioned in this contract and charging ..eu thereof the pneet's) ruling at the dates of shipment, the Buyers shad have tr.e -.gri they wish so to do to cancel the undelivered balances of the amounts comprised with..-, this contract. 3. Terme: Prompt net cash in Sterling in London or at die opnon o( the Sellers such option being exercisable by notification in writing or by cable by the Seilers at any ame in respect ot any deliveries which have not been shipped at the date ot such nonhcationi in the currency of Southern Rhodesia (for sales of Rhodesian asbestos) in London or Bulawayo at the opnon of the Sellers. the Republicaf South Africa (for salesof asbestos from the L'nion of South Alnca or Swaziland) in London or Johanneshur| at the option of the Seders. By holographic transfer against presentation of shipping doct--nta. Banlcors chargee. Including coat of telegraphic transfer, to be for eecotat of Buyara. 4. Freight: freight to be prepaid by Sellars and charged to fcqrtrs. Any export or other duty, tax or similar imposition in respect of the goods to be for account of Buyers. S. Insurance: Insurance to be charged to Buyers at current ratos. 4. Shipment: It u a condition of thu Contract that instructions must be given by the Buyers for shipment thereunder during the contract year approximately equal monthly proportions or otherwise as agreed. Accordingly the Buyers shall give epproprtate shipping instructions (ether periodically or at or towards the beginning of the contract year) so ae to give the Sellers emplc ame to arrange shipment! on thie basis. In the event of Buyers failing (from any cause whatever) to comply with this condiOon the Seilers shall have the option to cancel those tonnages in respect of which up to the date of cancellation shipping instructions were not given by the Buyers in sufficient time si aiorataid. If shipping instructions an given for approximately equal monthly shipments u aforesaid or otherwise as agreed, then the Sellers will use their beet endeavours to arrange the accessary shipping facilities. but if and so far as thu proves impossible (or reasons beyond their control, then the provisions of Clause 12 hereof shall apply. 7. Period of Shipment: Pint opportunity to Fhllodolphlo. t. Coit ol Discharging For account of Buyer*. ' Advice* of Shipment: Sellers will endeavour to give prompt notice of details of each shipment to Buvert. but in the event of any mutilation, delay in delivery or non-dellverv of cables or other com munications concerning shipments either addressed to or sent by Sellers. however caused. Sellers shall not be responsible for any consequences arising therefrom. 14. Special Conditions: It is a condition of this'contract that all asbestos supplied under it shail be 'used by the Buyers m their own factory or factories and not re-sold by them in an unmanu:ac:ured state. 11. General Conditions: (ai Should any new export or other duty or navigation tax or increase in the existing duty or tax in the country of origin or port of a.upment. or increase m railway charges on the African railway, and. or railways, on which die asbestos is earned or any import or other duty in the country of destination, be mposed during the continuance oi this contract, increasing cost of the asbestos to Sellers, the increase shall be paid by Buvers on any shipment for which freight shall have been engiged or steamer stemmed or loaded at the discretion of the Sellars. (b) If Buyers make default In payment or become subject to Bankruptcy Luw or go into liquidation for any purpose other than reconstruction or reorganisation Seilers may at their option withhold all or any further oeiivenes for such time as they think 6t and/or cancel the balance of the contract. 1], Exceptional Sellers shall not be responsible either for non-shipment or in the event ol any deliveries being delayed or prevented lor any of the following reasons, or ui any of ibe following events:-- (a) In tbe event of any prohibition being placed on the export of asbestos (bj In the event of any deliveries being delayed or prevented by want of transport or railage, or while on the road and. or railway, or during leading, by force majeure or by causea arising from disaster on land, river, or sea. (c) In the event or in consequence of tempesu. earthquakes, cyclones, flooding of mines, carrying away of bndga. or other cause hindering or preventing extraction from muses or transport of asbestos from mine to railway and or to port of shipment. (d) la the event of &re or destruction of mining materials or warehouses or store sheds. () In consequence of any Act of God or the Queen s enemies oi any war. insurrection, strike or lock-out of workmen or any other cause wnitsoever beyond the control of Sellars. If stoppage of or delay m deliveria is occasioned by any of the above causes or by any other unforeseen esreumstaneq. the deliveries aSected (where they are not wholly pre vented) may, at the option of the Sellers, etcher be cancelled m whole or in part or be wholly or partially suspended and in the case of suspension the time for deliveries agreed upon may be proportionately extended by the Se*.c.i. 13. Arbitration: Ar.v cisruie insr.g iut of tha contract to be settled by arbitration in London by two Arsitratorj one to be appointed byeaca panv to the reterence or their Umpire pursuant to the Arbitration Acts. 1389 to 1950 14. Notices: To be given m writing either delivered or by post or by cable or by telegram to the parties at their above-mentioned addresses. IS. English Law This contract is made m England and English Law shall apply thereto lor all purposes, to apply: 14. Application to other orders: The terms and conditions contained m this Contract shall apply not oniy to all goods ordered by the Buyers thereunder but also iso far as applicable l to all goods orcered by Buyers from Seilers either by letter or any other less formal manner or ordered in ac cordance with the provisions of any other Agreement for the supply oi asbestos fibre between Buyers and Sellers, unless and except m so far as any other terms ano conditions contained in this Contract are inconsistent with any special terms agreed between Buyers and Seilers in any particular instance. Accepted on behalf of Sellsrs: 7CalJB ASBESTOS 71BSSS ut-ttti ^ Tji Diractor. i i Accepted on behalf of Buyers: ZZ-.ZA //| 2" V . ___ Certain-teed Products Corporation 120 CAST LANCASTER AVENUC ARDMORE. PENNSYLVANIA December 1, 1962; OVERSEAS AIRMAIL Turners Asbestos Fibres Limited Faulkner House Faulkner Street Manchester 1, England Gentlemen: At tbe request of Mr, H. L. Lanz, Vice President-Manufacturing of our Pipe Division at Ambler, Pennsylvania, ve are enclosing berewitb a signed copy of Contract No. $lh dated November 23, 1962* for tbe sale of tbe asbestos fibers referred to therein. Yours very truly. A0G:pb enol. Arthur 0. Graves, Secretary bl. cc: R. L. Lanz - Ambler __________ J. J. Durkin - Ambler Ardmore Legal Mr. A. 0. Graves Decenber 1^, 1964 Ambler Pipe Admin. T.A.F.-Fiber Contracts N03. 48, 49 & 5C R. L. Lanz - kt /C> cc: Mr. J. J. Durkin Attached are signed originals of Contract Nos. 48, 49 and 50 with Turners Asbestos Fibres Limited. I signed these contracts for Certain-teed and have retained a copy for Mr. J. J. Durkin's files. Mr. Durkin and I have checked these contracts and have approved quantities and prices. If these meet with your approval will you please forward them to Turners Asbestos Fibres Limited. CIF CONTRACT for the sale of ASBESTOS FIBRE ,v,,. 43 Dau 2nd Dacwsbcr 1964. TURNERS ASBESTOS FIBRES LIMITED, Faulkner House. Faulkner Street. Manchester 1. England Sellers: agree to sell and CTTAIH-T3XD PRODUCTS CGHPQRiTIQN, LSI BtnXDIHO, JUHL43, P3nt3TL7AJIlA, U.S.A. Buyers: agree to purchase the following good* on the following terms and conditions l. Description Asoestos Fibre in tons of 2.000 lb net weight, and Quantity: Rhodesian C4C/3 - 2,100 tons (two thousand, ana hundred) * CAC/4 - 4,350 tans (four thousand and fifty) " ChC/dBl - 200 tons (two hundrsd) " Ci3/5 3,250 tons (thrss thousand two hundrsd and fifty) Swaziland HTL/5 500 tons (firs hundred)* Hhodaslan HAC/H - $00 toss (flvo hundrsd) * This tonnage may be supplied at seller's option in CiO/ 2. Price: Delivery of the qaicanea shewn above is contingent upon the maintenance oi a rate of mining production of the qualities concerned equal to current estimates tor the period of the contract If for any reason these esomates are not maintained the quantities to be delivered under this contract may be proportionately reduced at the :?r:cr. or the Sellers. Per ton of 2,000 lb net weight. U3s Atl&atlo Ports C4C/3 0 36.17. Od. elghQr six pounds MYtetean hillings) C4C/4 0 69. 6. Od. slx^y nins pounds six shillings) iCAC/dfll 0 67. 6. Od. C4G/5 0 56. 5. Od. HTL/5 0 58. 6. Od. HAG/H 0 59. 5* Od. sixty ssrtn pounds six shillings) fifty six pounds fiws shillings) fifty sight pounds six shillings) fifty nins pounds fiws shillings) The price's) shewn above is.are in Sterling or. at the option oi the Sellers as provided below, m the currency of either Southern Rhodesa or the Republic 01 South Afr.ca and 11/are bajed on the conditions ruling at the date of this contract, and the' Sellers ire unable gjbind themselves to any Sued prices to be applicable to shipments dunng die year 19 . The Sellers shall therefore have the right, at any time during the continuance of this contract, to notify the Buyers of increased prices 'which will become ippucacie forthwith to any deliveries shipped after the date of such notification; whether such increases are caused by increased mining costs or through any other cause. In the ever.: of the Seilers so increasing the pncefsi mentioned in this contract and charging in ueu thereof the pr.ceisj ruling at the dates of shipment, the Buyers shall have the r.gr.t they wish so to do to cancel the 'undelivered balances of the amounts compnsea wu.i.n this contract. 3. Trmi: Prompt net cash a Sterling a Lonuor. or at tie option or the Seileri sued oo:;cn oeag exercisable by notification a it.tag or ay caoie by the Sellers at anv ume at respect ot any deliveries wruch have aot boon shipped at tae date oi such notiacation m the currency oi Southern Rhodesia i for sales oi Rhodesian asbestosj m London or Bulawayo at the option oi the Sellers. the Republicoi South Africa for sales of asbestos from the Union of South Africa or Swaziland) in London or Jobannesourg at the option oi the Seilers. 8? telegraphic tnaafer againat pranantatioo of chipping doeuaenta. Baakara chargaa, Including ooat of telegraphic trunafer, to b for aocoont of Bojrara. 4. Freight: the above pnce(s) u.are based upon freight rates as follows -- Per con of 2.240 lb gross weight. for CtC/}, CAC/4, CIC/4B1, C41/5. 37L/5 and R4G/H - U.S. &5.25 (twenty fire dolliare aau twanqr five cants) ccererted at f2.Q0 (teo lsXLxra and eighty emits) to tha C Starling. and Buyers are to pay or receive any difference in :.-.t rate of freight above or below that figure. Ail charter benefits or allowances or returns of primage to be for account of Sellers. Any demurrage incurred at port of discr._-ge and anv export or other duty, tax or similar imposition in respect of the goods to ce for account or Buyers 5. Insurance : The above price s] is/are based upon a marine insurance rate of 2/Jd. (no ahllitngs and threepence! 9d. Far Risk per cent, and Buyers are to pay or receive any difference in the rate of mswae insurance above or below that figure, 'fir n.u. .i./i ~.c.r . included and the goods will not be insured against 1. .1 ~n ~ mi n f II 1 1 narocuiar case so reaues^au I in 11. item the or- - .urns therefor wul be :or account ^***^Bl ^ -"-e M i Bavees. 4. Shipment: It is a condition of this Contract that instructions must be given by the Buyers for shipment thereunder dunng the contract year approximately equal monthly proportions or otherwise ss agreed. Accordingly the Buyers shall give appropriate shipping instructions (either periodically or at or towards the beginning of the contract year) so as to give the Sellars ample time to arrange shipments on this basis. In the event of Buyers failing Ifrom any cause whatever! to comply with this condition the Sellers shall have the option to cancel those tonnages in respect of which up to the date of cancellation shipping instructions were not given by the Buyers in sufficient ume as aforsaaid. If shipping instructions art given for approximately equal monthly shipments is aforesaid or otherwise u agreed, then the Seilers will use their best endeavours to arrange the necessary shipping facilities, but if and so far as this proves impossible for reasons beyond their control, then the provisions of Clause 12 hereof shall apply 7. Period ot Shipment: Batatas lat Jaausx7 1965 and Jlat Secaabcr 1965. I. Coit of Discharging: rcr account of Buyers. 9. Advices of Shipmtot: Sellers will endeavour to jive prompt notice of details of each shipment to Buvers but in the event of any mutilation, delay a delivery or non-delivery of caoies or other com munications concerning srupments either addressed to or sent by Sellers however caused. Sellers shall not be responsible for any consequences ansinj therefrom. It. Special Conditions: It is a condition oi this contract that all asbestos supplied under it shall be 'used ov the Buyers a their own factor/ or factories and not re-sold by them in an unmar.u:ic:urea state. 11. General Conditions: 'a' Should any new export or other duty or navigation tax or increase in the existing duty or tax in the country of origin or port of shipment, or increase in raiiwav c.-.arges on the African railway, and. or railways, on wfcica the asbestos is earned or any import or other duty m the country of destination, be -tiposed during the continuance a: this contract, increasing cost ot the asbestos to Sellers, the increase shall be paid cy Buvers on any shipment for which freight shall have seen engaged or steamer stemmed or loaded at the discretion of the Sellers. bi If Buyers make default in payment or become subject to Bankruptcy Law or go into liquidation for any purpose other than re'-jnstruetion or reorganisation. Seders may at their option withhold ail or any further deliveries for such time as thev rnjia fit and or cancel the balance of the contract. 12. Exceptional Seilers shall not be responsible either for ncn-ihi: ~.ent or in the event of anv 2euver.es being delayed or prevented for any of the follow-ng reasons, or in any o: :he :oilcwir.g events:-- ;al In the event of any prohibition being placed on the export of asoestos :bl In the event of any deliveries being delayed or prevented by want of transport or railage, or while on the road and. or railway, or during loading, by force majeure or by causes arising from disaster on land. nver. or sea. (cl In the event or in consequence of tempests, earthquakes, cyclones, doocmj of mines, carrying away of bridges, or other cause hindering or preventing extraction from mines or transport ot asbestos from mine to railway and or to port of shipment. (d) In the event of fire or destruction of mining mstenals or warehouses or store sheds. (e) In consequence of any Act of God or the Queen's enemies, or any war. insurrection, strike or lock-out of workmen or any other cause w.iaiscever beyond (he control of Sellers. If stoppage of or delay in deliveries is occasioned by any of the above causes or by any other unforeseen circumstances, the deliveries ejected (where they are not wholly pre vented) may. at the option of the Sellers, either be cancelled in whoie or m part dr be wholly or partially suspended and in the case of suspension the time for deliveries agreed upon may be proportionately extended by the Sellers. 13. Arbitration: .Any dispute arsing out of tin contract to b settled by arbitration m London bv rwo Arbitrators one to be appointee' by eaci party to the rererence or then Umpire pursuant to the Arbitration Acts. 1889 to 1950. 14. Notices: To be given in wnang either delivered or by post or by cable or by telegram, to the parties at their above-mentioned addresses 15. English Law This contract is made in England and English Law shall appiy thereto lor ail purposes, to apply: 14. Application to other ordtra: The terms and conditions contained in this Contract shall apply not only to ad goods ordered by the Buyers thereunder but also so far as appliesole; to ail goods orcered by Buyers from Seilers either by letter or any other less formal manner or ordered m ac cordance with die provisions of any other Agreement for the suppiy o: asbestos hbre between Buyers and Seilers, unless and except in so far as any other terms and conditions contained in this Contract are inconsistent with any special terms agreed between Buyers and Seilers m any particular instance Accepted on behalf of Sellers: TLiOrEHS AS3ESTCS 712R12 LElirSI, Director. Accepted on behalf of Buyer*: CIF CONTRACT for the sale of ASBESTOS FIBRE v. <9 Dau 2nd Dtcraber6t. TURNERS ASBESTOS FIBRES LIMITED. Faulkner House. Faulkner Street Manchester !. England Seilers, ar to seU nd CJ2TAIS.733 PBCBUCTS COHPCSlTICSr, LU WHJEIC, AHtlrH, PS2INSTL7AHH, Q.3A (Buyers agree to purchase the following goods on the toilowmy terms ana conditions 1. Description Asbestos Fibre m tons of 2.000 lb net weight, and Quantity* Blua Ta/I - 4,600 tooa (four thousand tlx hundred) 2. Price: Delivery of the quantities shewn above a contingent upon the maintenance or a rate oi mining production of the qualities concerned ecu a. to current estimates ror the per.oa of the contract. If for any reason these estur.aies are not maintained tr.e ouantir.es to be delivered under this contract may be proportionately reduces at tr.e option oi the Sellers. Per ton of 2,000 lb net weight C.i.f. U.2. Atlantic Fort TA/fc O 74. 6. 0d. (aaranty four pounds six shilling*) The pnceisi shewn above is, are m Sterling or. at the option of the Seilers as provided below, m the currency oi either Southern Rhodesia or the Republic of South Africa and is. are based on the conditions runny at the date of this contract, and the Seilers are unable to bind themselves to any fixed pnces to be applicable to shipments during the year 19 65 The Sellers shall therefore have the nyht. at any tune dunny the continuance of this contract, to notuy the Buyers of increased prices 'which will become applicable forthwith to any deliveries shipped after the date of such notification- whether such increases are caused by increased minmy costs or through any other cause. In the event of the Sellers so increasing the price.s mentioned in this contract and charging in heu thereof the rr.ce:$i fining at the dates of shipment, the Bu>en sha.i hathe right :f they wish so to do to cancel the undelivered balances of the amounts comprised within this contract. 3. Terms; Prenpt -e: cash m Sterur.g ji London or at the option o: the Severs sue: option oeir.g e\er::sa;ie ov nctmcatior. .n writing or bv caoie cv the iejers at any tune m "espect i: any deuveries which have not been shippeo at the date oi such notihcancn ut the currency of Southern Rhodesia for sales of Rhodesian asbestos' in London or Bulawayo at the option of the Sellers. the Republic oi South Africa .for sales of asbestos from the Union oi South Africa or Swaziland! us London or Johannesburg at the option oi me Severs Jtf talagrmpfcle trmnnfer agalnat presentation of ahippiag docuaante. Banker* chargae, including coat of telegraphic transfer. to be for aooont of Buyer*. 4. Freight: the above price-s. is. are based upon freigr.t rates as follows -- Per ton of 2.240 lb gross weight for Ta/I - 7.3. #5.25 (taanty fire dollars and twenty flea cant*) eoxrrartad at 2.80 (two dollars and eighty cants) to tha t Starling me Buyers ire to pav or receive an\ difference :r r.e rate of rreign: aoove or below that figure All charter benefits or allowances or ret,ms ot onstage to oe *cr account of oeilerv Any demurrage jicurred at port ot disc.-.arge and anv exper. :r other :utv tax or similar imposition in respect of the goods to be ;or account ot Buyers 5. Insurance : The above price s is are based upon a mirune insurance 'ate ot 2/5d. (tvo shillings and thraapanca) 9d. 7ar Hlak per cent, and Buyers are to pay or receive anv dinV*r.ce the rate o: above or below that tigure. V. ir ng.* in.a u.i ' jiiw nm mi included and the gooes will .net oe insured against paracuiar ',tJ ^ 'T^rv 1-n*' '* -- miurr.s theretor will ! t 4. Shipment: It is a condition oi this Contract that instructions must De given by the Buters for shipment thereunder during the contract year approximately equal monthiv propomons or otherwise as agreed. Accordingly die Buyers shall give appropriate shipping instructions either periodically or at or towards the beginning oi the contract year; so as to give the Sellers ample time to arrange shipments on this basis In the event of Buyers failing 'from any cause whatever; to comply with this condition the Sellers shall have the option to cancel those tonnages m respect of which up to the date 01 cancellation shipping instructions were not given by the Buyers in sufScient tune as aforesaid. If skipping instructions are given for approximately equal monthly shipments as aforesaid or otherwise as agreed, then the Seilers wtll use their best endeavours to arrange the necessary shipping facilities, but if and so far as this proves unpcssiole for reasons beyond their control, then the provisions of Clause 12 hereof shail apply 7. Period of Shipment Between 1st January 1965 and Jlat December 1965* g Cot of Discharging: For iccrunt it Buyers . Adrien of Shipment: Seiler? will endeavour :o give prompt notice ot details of each shipment to Severs bat ai the event ot anv mutilation. delay ji delivery or non-deliver, y caoies or other tommuntcatior.s concerning shipments eitner aedressed to or sent by Sellers, however caused. Seilers shad not be responsible tor any consequences arising therefrom It. Special Conditions: It is a condition ot this contract that ail asbestos supplied under it shad be used bv the Buyers in their our 'actory or lactones and not re-soid by them m an unmanutaevared state. 11. General Conditions: ai Should anv new export or other duty or navigation tax or increase in the exiting duty or tax m the countrv oi origin or port of shipment, or xcrease m railway charges on the African radwav. and or radways. on v:.:: the asbestos is earned or any import or other duty ji the country or destination -e mposed during the continuance of this contract mcreasmg cost of the asbestos to Se_t:= the increase sr.ad be paio bv Buyers on any shipment tor which freight shad ha-seen engaged or steamer stemmed or .oaccd at the discretion or the Sellers b> If Buyers make detault in payment or become subject to Banxruptcv Law or go unto liquidation :or any purpose other than reccnstnictton or reorganisation. Seders may at their option w-ithhoid ad or any further ieuvenes :or such tune as tnev think h: and or cancel the balance ot uie contract. 12. Exceptions: Seders shad not be responsible either for non-sh. --.ent or m the event o: any deliveries being delayed or prevented for any of the foilc "g reasons, or in any oi the :oiiowing events -- a In the e-ent of any prohibition being '.iced on the export of asoestos b In the event ot any deliveries bem.g delayed or prevented by want ot transport or railage, or while on the read and or radwav. or during loading, by :orce majeure or oy causes arising :rom disaster on land, river, or sea. iC In the event or us consequence of tempests, earthquakes, cyclones, flooding o: mines, carry mg away of bridges, or other cause hindering or preventing extraction ;rom mines or transport ot asbestos from mine to radway and or to port of shipment. df In the event of fire cr destruction of mining materials or warehouses or store sheds. e) In consequence of any Act ot God or the Queens enemies, or any war, insurrection, strike or lock-out of workmen or any other cause whatsoever beyond the control of Sellen. If stoppage of or delay m deliveries is occasioned by any of the above causes or by any other unforeseen circumstances, the deliveries affected (where they are not wbody pre vented: may at the option ot the Seders, either be cancelled in whole or in pan or be wr.oiiv or partial suspended and in the case of suspension the tune for deliveries agreed upon may be proportionately extended by the Seders. 13. Arbitration: Any dispute arising out of this contract to be set-dec bv aroit:at:on in Lcccor. ov two Aroitratcrs one to be appointed by eacr. party to the reterence or their L'mpire pursuant to the Arbitration Acts. 1889 to 1990 14. Notices: To be given in writing 'either delivered or by post or by cable or by telegram to the parties at their above-mentioned addresses. 15. English Law This contract is made in England and English Law shall apply thereto for ad purposes to apply: 14. Application The terms and conditions contained in this Contract shall aopiy not onlv to ad goods to other ordered by the Buyers chereunder but also so far as aopucable: to ad goods orcereo by orders: Buyers from Sellers either by letter or any other less tormal manner or oroerec m ac cordance with the provisions st any other Agreement for the suppiv ot asbestos dbre between Buyers and Seilers, unless and except m so tar as any other terms and conditions contained in this Contract are inconsistent with any specsa* terms agreed between Buyers and Seilers in any particular instance Accepted on behsdl of Sellers: TUSNEHS ASBESTOS FIBRES LZ1Z7ZD, 3ir*ctcr. Accepted on be bell of Buyer*: s. i. : s:i C!F CONTRACT for the sale of ASBESTOS FIBRE vfiO Djuini Taeecber <a. TURNERS ASBESTOS FIBRES LIMITED. Faclkner Hovse. Faclkner street. Manchester 1, England Seilers jr :o Mil and CHCA2I-CTJ FRCDGCTS CCIli'ClA'llOT, i'/tit.t?, FEItfSYLY.UflA, Buyers agree :o purenase the following goods or. the following terms and conditions 1. Description Asbestos Fibre ji tons 01 2 000 fb net weight, and Quantity: Gnqua!and Blua 53 - 800 tons (tibt bimdrsd) 2. Price: Delivery of the quantities shewn above is contingent upon the maintenance o: a rate oi mining production of the qualities concerned equal to current estimates tor the per.ee of the contract. If for any reason these estimates are not maintained the quantities to be delivered under this contract may be prorcnionateiy reduced at the option o: the Sellers. Per ton of 2.000 ib net weigh: ?.o.b. South African Port. Griqualand 51ua S3 6 C7C. 0. Cd. (Sevant/ pounds) The price:si shewn above is. are in Sterling or at the option ol the Seilers as provided beiew m the currency oi either Southern Rhodesia or the Republic oi South A:nca and is are based on the conditions ruling at the date of this contract, and the Seders are unaoie to bind themMives to any hied prices to b applicable to shipments durtr.g the ft5year The Sellers shall therefore have the right, at any time durtr.g the continuance oi this contract, to notify the Buyers of increased pnees (which will Become apcucab.e forthwith to any deliveries shipped after the date of such nouhcat.on: whether suer, .ncreases are caused by increased mining costs or through any other cause. In the t\ *r.t of the Seilers so increasing the pnce:sl mentioned m this contract and charging .r. ,;eu thereof the price si ruur.g it the dates of shipment, the Buyers shall hue the r.q.-.t thev wish so to do to cancel the undelivered balances of the amounts comprised w.t.-.m. thus contract. 3. Terms: Prompt ;.<t cash ;r. Sterling m London or at the option o: the Seilers such op::on oeir.g exercisioie oy notir.cauon in writing or b> cable oy the SeiJeri at anv tune a respect oi any deliveries which have not been shipped at the date or such notification. a the currency ot Southern Rhodesia (for sales of Rhodesian asbestos, us London or Bulawayo at the option of the Sellers. the Republicof South Africa .for sales ot asbestos from the Union oi Sooth Atnca or Swaziland! a London or Johannesburg at the option oi tne Seders By tolegraphle tnaifer agninat pnMnUtias of ahipuing dominant a. BanJcara chargai, including coat of talagraphle traaafar, to ba for accotmt of Buyara. 4. Freight: the above price:si is are based upon freight rates as follows -- Per ton of 2.240 lb gross weight Tralgbt to ho prapaid to Sailor* and cfcargad to Boyer*. ana Buyers are to pat or receive any difference a Me rate of freight above or beiow that ng-ure All charter benebts or allowances or ret.ms ot primage to be for account of Sellers Any demurrage incurred at port oi discharge and any export or other duty, tax or similar imposition in respect of the goods to se for account of Burets 5. Insurance : The above priceis, is are based jpon a marine insu-ance rate oi Xnaoranca to bo charged to Buyer* ot current ratei. per cent, and Buyers are to pay or receive any difference in the rate of marine insurance above or below that hgure. V^'ix risks and other kindred exceptional risks, are noi included and the gocxas wiU not be insured against .:h risks unless Buyers shad :n an-, particular case so request, and in that event the pr.T.iums thereior will be for iccoum oi Buyers. If such nsxs are not jisured against ,nv .oss :rom any suer, cause .tali fall to Buyers. 4. Shipment: It is a condition oi this Contract that instructions must be given by the Busers for shipment thereunder during the contract year approximately equal monthly proportions or otherwise as agreed. Accordingly the Buyers shall give appropriate shipping instructions {either periodically or at or towards the beginning of tbe contract year) so as to give the Sellers ample tune to arrange shipments on this basis In the event of Buyers failing 'from any cause whatever) to comply with this condition the Sellers shall have the option to cancel those tonnages in respect of which up to the date oi cancellation shipping instructions were not given by the Buyers m sudicient tune as aforesaid. If shipping instructions are given for approximately equal monthly shipments as aforesaid or otherwise as agreed, then the Sellers -will use their best endeavours to arrange the necessary shipping facilities, but if and so far as this proves impossible for reasons beyond their control, then the provisions of Clause 12 hereof shall apply 7. Period of Shipment: Batman 1st January 1965 cad Jlst 3acaabar 1965. I. Cotf of Discharging: For account o: Buverx e. Advicss of Shipment: Seilers will endeavour to give prompt notice oi details oi each smpmem to Bu;.ers. hut in the event ot any mutilation, deiay m delivery or non-dehvery oi caoies or other com munications concerning shipments either addressed to or sent by Sellers, however caused. Sellers shall not be responsible :or any consequences arising theretrom 10. Special Conditions: It is a condition oi this contract that all asbestos supplied under it shall oe used bv the Buyers in their owm factory or lactone? and not re-sold by them in an unmanuiaciured state 11. General Conditions: a Should anv new export or other duty or navigation tax or increase in the existing dutv or tax m the country oi origin or port o: mipment. or xcrease ui railway charges on the African railway, and or railways, on wr.ch the asbestos is earned or any import or other dutv m the country o: destination, be unposed dunng the continuance of this contract, increasing cost of the asbestos to 5e_?:s. the increase shall be paid by Buyers on any shipment for which freight shall hi't seen engaged or steamer stemmed or loaded at the discretion oi the Sellers. :bi If Buyers make deiault in payment or become subject to Bankruptcy Law or go into liquidation for any purpose other than tertnstructicn or reorganisation Seders may at their option withhold all or any furthe- ceiivenes :or such time as they ihimc fit and/or cancel the balance of the contract. 12. Exceptional Sellers shall not be responsible either for non-sh.:ment or in the ev eni o: anv ceuvenes being delayed or prevented for any of the foilo -mg reasons, or in any oi the odowing events:-- (a) In the event of any prohibition being ciaced on the export ot asbestos Si In the event of any deliveries being delayed or prevented by want ot transport or ruiage. or while on the road and or railway, or dunng leading, by force ma;eure or by causes arising from disaster on land. nver. or sea (c) In the event or in consequence of tempests, earthquakes, cyclones, hooding of mines, carrying away of bridges, or other cause hindering or preventing extraction from mines or transport or asbestos from mine to railway and or to port of shipment. ;d> In the event of fire or destruction of mining materials or warehouses or store sheds. ie) In consequence of any Act oi God or the Queen s enemies, or any war. insurrection, itnke or lock-out of workmen or any other cause whatsoever beyond the control of Sellers. If stoppage of or delay in deliveries Is occasioned by any of the above causes or oy any other unforeseen circumstances, the deliveries aileeted (where they are not wholly pre vented) may. at the option of the Sellers, either be cancelled in whole or in pan or be wholly or partially suspended and in the case of suspension the time :or deuver.ei agreed upon may be proportionately extended by the Sellers. 13. Arbitration: Any dispute ar-sing out of this contract to be settlec oy arbitration in Lonccn ov two Arou.-itors one to be appointee by each party to the reierencei or tnetr empire pursuant to the Arbitration Acta. 1889 to 19i0 14. Notice*: To be given m writing 'either delivered or by post or by cable or by telegram' to the ponies at their above-mentioned addresses. IS. English Law This contract is made in England and English Law shall apply thereto for all purposes to apply 14. Application to other orders: The terms and conditions contained in this Contract shall apply not only to ad goods ordered by the Buyers thereunder but also iso far as applicable: to all goods ordereo bv Buyers from Sellers either by letter or any other less formal manner or ordered m ac cordance with the provisions of any other Agreement for the supply ot asoestos sbre between Buyers and Sellers, unless and except in so far u any other terms and conditions contained in this Contract are inconsistent with any special terms agreed oetween Buyers and Seilers m any particular instance. Accepted on behalf of Sellers: TUSfCS3 AC3CSTCS ?I3?iS LTilTaS, f--\. Zirectsr. Accepted on behalf of Buyer*: ppcxcts cK; L. Lir.: Vice ?rest dent - Pipe TEST Tcl*v*oa CntnJ 0U4 ST 0 COM 0*1 CEN 0114 TURNERS ASBESTOS FIBRES LIMITED (TURNER * NEWAtL LIMITEDI Faulkner House, Faulkner Street Manchester 1. England Tl> **l*o Teicmmt Vo.antoo Mucanur Cod* Socoad DNH/VFH Certain-teed Products Corporation, Lea Building, Ambler, Pennsylvania 19002, U.S.A. Monday, l4th December, 1964. Dear Sirs, Ve have received a letter to-day from the suppliers of Kuruman Cape Blue, informing us that the Mine has agreed to make this fibre available at the 1964 price of 62. 9. Od. while any possible further supplies of this grade during 1965 would have to be invoiced at the new F.o.b. price of 67. 0. Od. per short ton. They have sent us their sale note for this shipment and we are enclosing a copy of their general terms and conditions which should be read in conjunction with our official contract form No.514. v '. . They understand that apart from a two inch wide horizontal stripe in red, no further bag markings are required and they have instructed the Mine accordingly. The consignment has been booked for shipment to Philadelphia on the s.s. "AFRICAN COMET" from Cape Town where the vessel is at present due to sail on or about 31st December 1964. Yours faithfully, for TURNERS ASBESTOS FIBRES LIMITED Enc rCene.0":: \6 Certain-teed Products Corporation 120 CAST LANCASTC* AVgNUC ARDMORE. PENNSYLVANIA OVERSEAS AIRMAIL December 15* 1961* Turners Asbestos Fibres Limited Faulkner House Faulkner Street Manchester 1* England Gentlemen: At the request of Mr. R. L. Lanz* Vice PresidentManufacturing of our Pipe Division at Ambler* Penns7lvania* ve are enclosing herewith a signed copy of Contracts Hos. 1*8* 1*9 and 50* all dated December 2* 1961* for the sale of asbestos fibers referred to therein. Yours very truly* A0G:ph ends. bl. co: R. L. Lanz - Ambler J. J. Durkin - Ambler Arthur 0. Graves* Secretary ______ _ ..*3 , Certain-teed Products Corporation 120 EAST LANCASTER AVENUE - ARDMORE, PENNSYLVANIA 19003 December 30, 1965 AIR MAIL Turners Asbestos Fibres Limited Faulkner House Faulkner Street Manchester 1, England Gentlemen: At tbe request of Mr. R. L. Lanz, Vice President-Manufacturing of our Pipe Division at Ambler, Pennsylvania, we are enclosing berewltb a signed copy of Contract Ho. 77 dated December 21, 1965,and signed copies of Contracts Ho. 7^ and No. 79, both dated December 22, 1965, for tbe sale of asbestos fibers referred to therein. Yours very truly, otcr- Charles E* DeLong Secretary and Resident Counsel CED:pb bl. cc: R. L. Lanz - Ambler J. J. Durkin - Ambler_ Ardmore Legal Mr. C. E. Deicing December 19^5 Ambler Pipe Acmin. T.A.F. Fiber Contract lies. 77, 78 & 79 R. L. Lens - kt '^p~y cc: Mr. J. J. Durkin - Ambler Purchasing ^ Attached you will find the signed originals of Contracts Ho. 77> J6 and 79 with Turners Asbestos Fibres Limited. I've signed these contracts and have turned a copy of each over to Mr. Durkin for his files. Mr. Durkin and I have checked these contracts and have approved the quantities and prices. If they meet with your approval, will you please forward to Turners Asbestos Fibres Limited. Atts .av Ttehraa CtanlOlM S.T.D. Coda Ml CEN0U4 TURNERS ASBESTOS FIBRES LIMITED (TURNER A NXWALL LIMITED) Faulkner House, Faulkner Street Manchester 1, England MMO VaJbaooa Miachaur Cadi Eaitay'a Samd as/sab Certain-teed Products Corporation! Lea Building, Ambler, Pennsylvania, U.S.A. Friday, 25th February, 1966 Dear Sirs, Asbestos Fibre Grade KCB/R3 Now that we have had the opportunity of checking our costs for supplying the above grade of fibre we find that the price should be 79.116d. C.i.f. Atlantic Port and trust that you will arrange to amend the price quoted on our Contracts numbered 79 and 101. Three shipments of the fibre have already been made and we enclose our Debit Note to cover the difference in price. Yours faithfully, for TURNERS ASBESTOS FIBRES LTD. Enc ;*r. P. ritrial eet "r. 3. T,. Tjdbs Mr. C. 3. Mack .March % 1366 Tidal Fir charing A33S73S FI321 JT3-13 FRIC2 AJJ28TT1I J i. Dhrdc/enh In fLgorixif car etaadeori east for 2966 oc DTO-R3 uead an eetlaatod coat qootad by Tamara Aabaotoo 71bree la tbalr latter of October 2Lf 1965 of f79. .I.F. Ulaatic Port, reject ta aa sdjiwtoent op or dam. o bam reedved c notice free Tamara Aabaotoo Fibres Ltd. doted rfcbraary 25 stating that they hove now checked tbalr coat fer supplying this grade and find tbe price shoold be C79.U.6dC.I*F. Atlantic Port which la aa increase of 2 ahilllngi per ton or appradaotoly 23 cent# per ton la 3. 3. Ptmda. This increase dll apply to tbe 1,000 tone oa our 1966 contract. Tdapkoaa Catnl 0)14 S.TJJ. Cod* Ml CZN UM TURNERS ASBESTOS FIBRES LIMITED (TURNS! R NBWALL LIMITIO) Faulkner House, Faulkner Street Manchester!, England Tata taw Tilaarami Volbaaioa Maocfcaatar Coda BaBilar'i Socood Our Ref: A/ Certain-teed Products Corporation, Lea Building, Ambler, Pennsylvania, U.S.A. Dear Sirs, 22nd December 1965 We have pleasure in enclosing our Contract Ho.77 for the supply of Asbestos Fibre in accordance with your instructions. Will you please return one copy duly signed at your convenience. saca 5 cr: 7T;S5 Yours faithfully, Enc. CONTRACT for the sale of ASBESTOS FIBRE No. 77 DtU 21*t IlKNkirli 5 TURNERS ASBESTOS FIBRES LIMITED. Faulkner House, Faulkner Street. Manchester 1, England (Sellers) urcc to Mil and CEHT1I3-7S!3 /8GDQCT3 CfEPOIUIia, USA BUZLBCIC, AMBZAlf RnSTLVAfllA, U.3.A. (Buyers) >gree to purchase the fallowing goods on the following terms and conditions 1. Description Asbestos Fibre in tons of 2 000 lb. net weight. and Quantity: Ti/t - ,000 ali/tone (four thoua&nd) 2. Price: Delivery of the quantities shewn above is contingent upon the maintenance of a rate of mining production o! the qualities concerned equal to current estimates :or the period of the contract. II for anv reason these estimates are not maintained the quantities to be delivered unccr this contract may be proportionately reduced at the option of tne Sellers. Per ton of 2.000 lb net we'ight Cr .,i.fr. Urt ._~ , Amtlantic P- ort. TA/lt G 77.1.Od. (Serenqr seven pound* on* shilling) , ices1 shewn above is are in Sterling or. a: the option of the Sellen as provided i. 111 the currency of either Southern Rhodesia or the Republic of South Africa and .... l,v'cd on the conditions ruling at the date of this contract, and the Seilers are bind therr.aeives to any fixed prices to be applicable to shipments during the , The Seilers shall therefore have the right, at any tune during the contmuance ' ` '"'tract, to notify the Buyen of increased prices .which will become appucaoie 'Ml1 10 any deliveries shipped atter the date of such notiication, whether such , ' lre caused bv increased mining costs or through any other cause In the event I '' Hens so me:casing the price s mentioned in this contract and charging in lieu n '' 'he pnee s' ruling at the dates of shipment, rile Buyers shall ha'e the right :: i., '"h so to do to cancel the undelivered balances of the amounts comprised with.n '"tract 3. Terms: Prompt net cash in Sterling in London or ut the option oi the Seilers such option being exercisable dv notification in unung or by cable by the Sellers at any tune in respect of any deliveries which have not been shipped at the date ot such notification; in the currency of Southern Rhodesia ffor sales of Rhodesian asbestos) in London or Bulawayo at the option of the Sellers. the Republicof South Africa (for sales of asbestos from the Vnion of South Africa or Swaziland) in London or Johannesburg at the option oi the Seilers 37 '.elagrapaie tratnfsr prtdaotntian ot ahippin* doeiaeota. BarJcsra chstrgaj, including cent of tlcrphlo trmanfer, to be for account of 3rn. 4. Freight: the above pnceis) is are based upon freight rates as follows -- Per ton of 3.240 lb gross weight. Pnr TA/fc 3.9. $27^0 (tteant7 vi point rn fie*) and Buyers xre to pay or receive any difference :r. :.*.e rate of freight above or oeiow that figure AiJ cfianer benefits or allowances or returns of primage to be for account of Seilers. Any demurrage incurred at port of discharge and any export or other duty, tax or similar imposition in respect of the goods oe for account of Buyers. 5. Ioaurmace : The above pnce:s> is are based upon a marine insurance rate or 2/Jd. (two ahiUiaga and thrMpcaccj 94. Bink per cent snd Buyers sre to pay or receive any difference in the rate of iweism insurance above or below that figure Wee waits m seine uuidwa emtwiwu. mm r included and the goods will not be insured arxinst .rh n inn n I I ii i I i n particular * vh^uwiIi,. Ji. . --..it., therefor will be for accouu: aiJagBC L! mrr, im a.v rn; ;rsurrf. agair.t;__ - 'n rrr~. ip. ; fail aa Buyers *, 4. Shipment: It is a condition of this Contract that instructions must be given by the Buyers for shipment thereunder during the contract year approximately equal monthly proportions or otherwise as agreed. Accordingly the Buyers shall give appropriate shipping instructions either penodicailv or at or towards the beginning of the contract year; so as to give the Sellers ampie tune to arrange shipments on this basis In the event of Buyers failing 'from any cause whatever) to comply with this condition the Sellers shall have the opuon to cancel those tonnages in respect of which up to the date of cancellation shipping instructions were not given by the Buyers in sufficient time as aforesaid. If shipping instructions are given for approximately equal monthly shipments as aforesaid or otherwise as agreed, then the Sellers will use their best endeavours to arrange the necessary shipping facilities, but if and so far as this proves impossible for reasons beyond their control, then the provisions of Clause 12 hereof shall apply 7. Period .( SUpmui; 5urin 1966 ` I. Cost of Discharging: For account of Buyers 9. Advices of Shipment: Sellers will endeavour to rive prompt notice of details of each shipment to Buvers. but is the event of anv mutilation, delay in uelivery or nondelivery of cables or other com* municauons concerning shipments either addressed to or sent by Sellers, however caused. Sellers shall not be responsible for any consequences arum; therefrom 10. Special Conditions: It is a condition of this contract that all asbestos supplied under it shall be used by the Buyers m their own factory or factories ana not re-sold by them m an unmanufactured state. 11. General (a; Should any new export or other duty or navigation tax or increase in tne existing Conditions: duty or tax m the country of origin or port of shipment, or increase m railway charges on the African railway, and or railways, on *r.ieb the asbestos is earned or any import or other dutv in the country of destination ce imposed during the continuance of this contract, increasing cost of the asbestos to Severs. the increase shail be paid by Buyers on any shipment for wruch freight shall ha been engaged or steamer stemmed or loaded at the discretion of the Sellers. (b) If Buyers make default in payment or become subject to Bankruptcy Law or go into liquidation for any purpose other than reconstruction or reorganisation. Seilers may at their option withhold ail or any further deiivenes :or such tune as they think fit and or caneei the balance of the contract. 12. Exception*: Sellers shall not be responsible either for non-s.- .pment or in the event of any deuvenee being delayed or preventec for any of the foil: *wf reasons, or m any o: the :oiio*-ing events -- ;a. In the event of any prohibition being placed on the export of asoestos ,tn In the event of any deiivenes being delayed or prevented by want oi transport or railage, or while on the road and. or railway, or during loading. b> lorce ma;eure or by causes ansing from disaster on land. n\er. or sea 'c- In the event or in consequence of tempests, earthquakes, cyclones, doodmg of mines, carrying away of bndges. or other cause hindering or preventing extraction :rom mines or transport of asbestos from mine to railway and or to port of shipment. id) In the event of fire or destruction o: mining materials or warehouses or store sheds ie; In consequence of any Act of God or the Queens enemies, or any insurrection, strike or locx-out of woricmen or any other cause whatsoever beyond the control of Sellers. If stoppage of or delay m deiivenes is occasioned by any of the above causes or by any other unforeseen circumstances, the deiivenes affected i where they are not wbody pre vented' may. at the option oi the Sellers, either be cancelled in whole or in part or be wholly or partially suspended and m the case of suspension the tame for deiivenes agreed upon may be proportionately extended by the Seilers. 13. Arbitration: .Any dispute arising out of this contract to be setuec by arbitration m Lcnaon oy two Arbitrators one to be appointed by each party to tie reierence or their Umpire purruant to the Arbitration Acu. 1889 to 1930 1*. Notice*: To be given in writing either delivered or by post or bv cs.ole or by telegTam: to the parties at their above-mentioned addreues. 13. Englieh Law Thu contract u made m England and English Law lhail apply thereto for ail purposes, to apply: 13. Application to other orders: The terms and conditions contained in this Contract shall apply not only to all goods ordered by the Buyers thereunder but also iso far as applicable j to all goods ordered by Buyers trom Seilers either by letter or any other leu loncal manner or ordered in ac cordance with the provisions of any other Agreement for the supply of asbestos nbre between Buyers and Sellers, unlcu and except in so far u any other terms and conditions contained in thu Contract are mconautent with any special terms agreed between Buyers and Sellers in any particular instance. Accepted on behalf of Seliere: TUHJicClS ASBrSTOS EIBRES Lli'ITED, Ciroetor. Accepted oa behalf of Buyere: pbcxcts Arty Vice President Pipe Civisicn CONTRACT for the sale of ASBESTOS FIBRE No. 7* Dtu 22b4 December 1 TURNERS ASBESTOS FIBRES LIMITED. Faulkner House. Faulkner Street. Manchester I. England (Sellers agree to kU and CggAg-Tgg P8CD1CT3 COKPCRAJIOB, LfiA BCIL3I3C3, ixm.SK. FD0CYL7jJfLl, O.S.A. (Buyers i agree to purchase the following goods on the following terms sod conditions 1. Description Asbestos Fibre in tons of 2 000 !b net weight. and Quantity.- Grlqualend "S" - 1,800 toaa (aan thousand sight hundred) 2. Price: Delivery of the quantities shewn above is contingent upon the maintenance of a rate of mining production ot the qualities concerned ecual to current estimates for the period of the contract If for any reason these estimates are not maintained the quantities to be delivered under this contract may be prop.rtionateiy reduced at the option of the Sellers. Per ton of 2.000 lb net weight C.l.f. Atlantic Port Clique! and "S" O 78.1.0d. ( erven ty al^fat pouzsda ana ahilllng) The pnceisl shewn above is are in Sterling or. at the option of the Seilers as prodded beiow, m the currency of either Southern Rhodesia or the Republic ol South Africa and is. arc based on the conditions ruling at the date of this contract, asd the Seilers are unable to bind themselves to any axed prices to be applicable to shipments during the year 1966. The Sellers shall therefore have the nght. at any time during the continuance of this contract to notify the Buyers of increased prices (which will become applicable forthwith to any deliveries shipped after the date of such notification! whether such increases are caused by increased mining costs or through any other cause In the e\ ent of the Seilers so increasing the prices mentioned m this contract and charging m lieu thereof the price'< ruling n the dates of shipment, the Buyers shaii haie the right if they wish so to do to cancel the undelivered balances of the amounts comprised within this contract 3. Ttrmt: Prompt net cash in Sterling tn London or ,01 the option of the Sellers uch option peine exercisabie by notification in writing or by coolc bv the Sellers st ant time in respeet ol any deiivenei wtuch have not been chipped at the date ol such nottheation, in the currency of Southern Rhodesia (for sales of Rhodesian asbestosi in London or Bulawayo at the option of the Sellers the Republicof South Africa (forsalesof asbestos from the L'monof South Africa or Swaaland) m London or Johannesourg at the option of the Seilers Sr telegraphic transfer against preeentaUan of ohipplag docuaits. Banker* chargee, Including ccat of tologrmphle trmr.efer, to bo for account of Burart. 4. Freight: the above pnceis) u.are based upon freight rates as follows Per ton of 2.240 lb gross weight for Jrioualand "3" - #27*75 (Trent/ -even point soron five) and Buyers are to pay or receive any difference the rate ot freight above or beiow that figure All charter benefits or allowances or returns of primage to be for account of Sellers Any demurrage incurred at port of c.icnarge and any export or other duty tax or similar imposition in respect of the goods to be for account of Buyers. $. Insurance : The above pnceis 1 is are based upon a marine insurance rate of 2/Jd. (two chilling* usd threepence; 9d. 9cr Blek per cent, and Buyers are to pay or receive any difference in the rate of 1 above or below that figure, "b wani-eaa eirur maene included and the goods will not be 111111 11 im |i 11 sr.ik in anv particular case so recuen--anensrrgTT jvent the otemiums therefor wiil be for accouut aUa 4. Shipment: It u a condiuon of this Contract that instructions must be given by the Buyers for shipment thereunder during the contract year approximately equal monthly proportions or otherwise as agreed. Accordingly the Buyers shall give appropriate shipping instructions leither periodically or at or towards the beginning of the contract year) so as to give the Sellers ample time to arrange shipments on this basis In the event of Buyers failing (from any cause whatever) to comply with this condiuon the Sellers shall have the option to cancel those tonnages in respect of which up to the date of cancellation shipping instructions were not given by the Buyers in sufficient tune as aforesaid. If shipping instructions are given for approximately equal monthly shipments as aforesaid or otherwise as agreed, then the Seilers will use their best endeavours to arrange the necessary shipping facilities, but ii and so far as this proves impossible for reasons beyond their control, then the provisions of Clause 12 hereof shall apply 7. Period of Shipment: Bartag 1966 I. Coat of Discharging: For account of Buyers 9. Advices of Shipment: Sellers will endeavour to give prompt notice ot details of each shipment to Buyers, but in the event ot any mutilaaon. delay in delivery or non-delivery ot cables or other com munications concerning shipments either addressed to or sent by Sellers, however caused. Sellers shall not be responsible for any consequences arising therefrom It. Special Conditions: It is a condition ot this contract that all asbestos supplied under it shall be used by the Buyers in their own factory or lactone* and not re-told by them m an unmanutactured state. 11. Central Conditions: a) Should any new export or other duty or navigation tax or increase in the existing duty or tax in the country of origin or port of shipment, or increase in railway charges on the African railway, and or railways, on wr.ch the asbestos is earned or any import or other duty in the country of destination, be imposed during tne continuance of this contract, increasing cost of the asbestos to Se.ers. the increase shad be paid by Buyers on any shipment lor which freight shall have been engaged or steamer stemmed or loaded at the discretion of the Sellers. fbi If Buyers make default m payment or become sub)ect to Bankruptcy Law or go into liquidation tor any purpose other than reconstruction or reorganisation. Seilers may at their option withhold ail or any further deliveries for such time as they think fit ind or cancel the balance of the contract 12. Exceptions: Sellers shall not be responsible either for non-sr. ment or in the event of any deliveries being delayed or prevented for any of the folic -,ng reasons, or in any of the following events -- a; In the event of any prohibition being piaced on the export of asbestos :b) Is the event of any deliveries being delayed or prevented by want ol transport or railage, or while on the 'cad and or railway, or during leading, by force majeure or by causes arising irom disaster on land. nver. or sea. ic1 In the event or in consequence ot tempests, earthquakes, cyclones flooding of mines, carrying away of bridges, or other cause hindering or preventing extraction :rom mines or transport oi asbestos from mine to railway and or to port ot shipment. (d) In the event of fire or destruction of muting materials or warehouses or itore sheds. (ef In consequence ol any Act ol God or the Queens enemies, or any war, insurrection, strike or lock-out of workmen or any other cause whatsoever beyond the control of Sellers. If stoppage of or delay is deliveries is occasioned by any of the above eauses or by any otner unforeseen circumstances, the deliveries affected iwhere they are not wholly pre vented! may, at the option of the Sellers, either be cancelled in whole or in part or be wholly or paruaily suspended and in the case of suspension the time for deliveries agTeed upon may be proportionately extended by the Seilers. 13. Arbitration: Any dispute ansing out ol this contract to oe settled by arbitration m Loacon ov :w0 Arsitrators one to be appointed by each party to the reference or their L'moire pursuant to the Arbitration Acts. 1889 to 1950 14. Notices: To be given in writing either delivered or by post or by cable or by telegram. to the parties at their above-mennoned addresses IS. English Law This contract is made in England and English Law shall apply thereto lor ail purposes to apply 16. Application The terms and conditions contained in this Contract shall apply not only to all goods to other ordered by :be Buyers thereunder but also lio far as applicable) to ail goods orcerec bv orders: Buyers Irom Seilers either by letter or any other less formal manner or ordered m ac- corcance with the provisions ol any other Agreement lor the supply of asbestos Sore between Buyers ana Sellers unless ind except m so far as any other terms and conditions contained in this Contract are inconsistent with any spedal terms agreed oerweeo Buyers and Seilers ji any particular instance. Accepted on behalf of Sellers: TORSEIS ASBESTOS FIBRES LIMITED, T . :k V.rc*or. Accepted on behalf of Buyers: .- pp.cxcTS corpora::: /,, rh Vice -reslien-. Cam a* tUCM Ml 0*03)4 mr TURNERS ASBESTOS FIBRES LIMITED rrt/KNii * hiwall limited) Faulkner House, Faulkner Street Manchester 1, England Tuu UStO VIMut Muuaur Cm* laiar i Smm Our Ref: A/ Certain-teed Products Corporation, Lea Building, Ambler, Pennsylvania, U.S.A. Bear Sirs, 22nd December 1065. We have pleasure in enclosing our Contract No. 79 for the supply of Asbestos Fibre in accordance with your instructions. Will you please return one copy duly signed at your convenience. re U : .* * Yours faithfully, For TURNERS ASBESTOS FIBRES LI IK TEE Enc. I. Coat s< Discharging: For account of Buvers f. Advices o( Shipment: Sellers will endeavour to five prompt notice of details of each shipment to Buyers, but in the event of any mutilation, delay in delivery or non-delivery of cables or other com munications concerning shipments either addreued to or sent by Sellers, however caused. Sellers hn not be responsible for any consequences arising therefrom. 10. Special Conditions: It is a condition of this contract that all asbestos supplied under it shall be used by the Buyers m their own factory or factories and not re-sold by them m an unmanufactured state 11. General Conditions: (a) Should any new export or other duty or navigation tax or increase in the existing duty or tax in the country of origin or port of shipment, or mosaic in railway charges on the African railway and.or railways, on which the asbestos is earned or any unport or other duty ui the country of destination, be imposed durmg the contxuance of this contract, increasing cost of the isbestoe to Seilers, the increase shall be paid by Buyers on any shipment for which neight shall have been engaged or steamer stemmed or loaded at the discretion of the Seilers. (b) If Buyers make default in payment or become sub|ect to Bankruptcy Law or go into liquidation for any purpose other than reconstruction or reorganisation Sellers msv st theix option withhold all or any further deliveries for soch tune as they thin* fit and . or cancel the balance of the contract. 13. Exceptions: Sellers shall not be responsible either for non-sr. rment or m the event of any deliveries being delayed or prevented for any of the folic vuig reasons, or m any o: tbe following eventa:-- ta; In the event of any prohibition being placed on the export of asoestos bi In the event of any deliveries being delayed or prevented by want of transport or railage, or while on the road and. or railway, or during loading, by force majeure or by causes arising from disaster on land. nver. or sca ld In the event or in consequence of tempests, earthquakes, cyclones, flooding of mines, carrying away of bridges, or other cause hindering or preventing extraction from mines or transport of asbestos from mine to railway and or to port of shipment. (dl In the event of fire or destruction of mining materials or warehouses or store sheds. <e) In consequence of any Act of God or the Quoin's enemies, or any war. insurrection, etnas or lock-out of workmen or any other cause wnatsoever beyond the control of Sellers. vlt L y any oi me aoove causes or bv anv C:rCums,""`' ** deijvenes aHected (where they are not whollv pre- "f ' *' Puon 01 th* S*11*", Kir be cancelled in whole or m par: or be -oUy or partiajy suspended end in the case of napenaion the time for deliver*, agieto upon may be proportionately extended by the Sellers. 13. Arbitration: Anv dispute arising out of this contract to be settled by arbitranon in London ov two Arbitraton :one to be appointed by each party to the referencei or their I'mpire pursuant to the Arbitration Acts. 1689 to 1950 14. Notices: To be given in writing (either delivered or by post or vv cable or by telegram i to the parties at their above-mentioned addresses. 15. English Law This contract is made in England and Fngliah Law shall apply thereto for all purposes to apply: 14. Application to othsr orders: The terms and conditions contained m this Contract shall apply not only to all goods ordered by the Buyers thereunder but also (so far as applicable) to ail goods ordered by Buyers irom Sellers either by letter or any other less formal manner or ordered m ac cordance with the provisions of any other Agreement for the supply of asbestos Sbrt between Buyen and Sellers, union sad except m to far as any other terms and condinoni contained in this Contract are inconsistent with any special terms agreed between Buyen and Sellen in any particular instance. Accepted on behalf of Sellers: TOHHEP.S ASBESTOS FUSES I.TVTTEDf Director. Accepted on behalf of Buyers: CEHTAIN-TEET PP.CDUCTS CCScCEAT:::.' pipe iitis: :.% Vice Presiieat _>' OUR CONTRACT NO. 38 I January 5 1967 !lr. Michael Howe Turners Asbestos Fibres Ltd. Faulkner House, Faulkner Street Manchester 1, England Lear Mr. Howe: Enclosed herewith are Fully executed copios ox' contracts Ho. 35 and Ho. 36 for the purchase oF TA/K and Griqualand '" Fibres From your company during 1967. Very truly yours, Charles 2. LeLong Secretary CED:kh Enc. bl.cc: Mr. C. R. HutcbcroFt-Ambler i^5(with copies ox' contracts) Mr. J. J. Durkin - Ambler kS Ardmore Mr. C. E. DeLong Ambler R&D December 22, i960 C. R. Hutchcroft/Jf '~<1^ Blue Asbestos Fibre Contracts Nos. 35 & R6 cc: Mr. J J. Durkin Attached are an original and one copy of each signed contract No. 35 and No. 36 relating to TA/K and Griquaiand S supplies for 1967 with Turners Asbestos Fibres Ltd. Mr. Durkin and I have checked the contract and approved the quantity and prices. If these meet with your approval, will you please sign all copies? Please send the originals to: Mr. Michael Howe Turners Asbestos Fibres Ltd. Faulkner House, Faulkner Street Manchester 1, ENGLAND Please return the copies to me. Atts. CONTRACT for the sale of ASBESTOS FIBRE Vo 55 Dtu 30th ITcrrwabwr 1S& TURNERS ASBESTOS FIBRES LIMITED, (TTOH3 k BTTAIi. LTB.) Faulkner House. Faulkner Street. Manchester l. England Seilersi pe :o mU and C-RT1TTI-T--n r?.C0UCTS CCPJOHATIOI, LrJi All hi. n, PCTII3TLVABTA, U.S.A. Buyers1 agree to purchase the following goods on the following terms and conditions l. Description Asoestos Fibre ;n tens or 2 000 lb. net weight. and Quantity: . Ta/K - 3600 toad (thr thousand sl^ht Inmdrwd) 2. Price: Delivery of the quantities shewn above is contingent upon the maintenance oi a rate o: mining production o: the qualities concerned equal to current estimates ter the period of the contract Ii for any reason these estimates are aot maintained the quantities to be delivered under this contract may be propcttionateiy reduced at the option ot the Sellers. Per ton of 2.000 lb net weight. C.i.f. U.S. Atla&tlo Fort Ta/I 0 70. 2.0d. (aev'tnty sl^st pounds two shillings) At prwsont rots of snchoxvso. (boosd on o pries of S.136.00 psr tea r.o.b.) The pners) shewn above is. are in Sterling or, at the option of the Sellers as provided below, m the currency oi either Southern Rhodesia ot the Republic ot South Africa and is. are based on the conditions ruling at the date of this contract, and the Seders are unibie to bind themselves to any hxed prices to be applicable to shipments during the year `*7. The Sellers shall thereiore have the right, at any tune during the continuance of this contract, to notify the Buyers of increased prices 'which will become appucaoie forthwith to any deliveries shipped alter the date of such notification whether such increases are caused by increased mining costs or through any other cause. In the event or the Sellers so increasing the price's, mentioned is this contract and charging m lieu thereof the price s: ruling at the dates of shipment, the Buyers sha.i have the right u they wish so to do to cancei the undelivered balances of the amounts comprised with.r. this contract. J. Terms: ?:x:: r.e: ccm itt.'img tn London or it the option o: the Seilers >ucn option oeing e.vcrctiid.'v1 uv -icM'ioct-on ui .vp.:i; or py cuo.e oy the Seders it v tune ai respect o: on-. deliveries wmen hue not been stipped it the due or such nottricatton at the currency of Southern Rhodesia rfor safes of Rhodesian asbestos) in London or Bulawayo at the option of the Sellers the Republic ot South Africa for sales oi asbestos from the Union o: South Africa or Suisiisndl us London or Johannesourg at the option o: tr.e Seders. By talgraphic transfer again*t praaantatlon of aMpplng doconanta Baaknra chargea, ladtiding coat of talagr&phld tranafar, to ba for account of Boyara. 4. Freight; the above pnceis is are Dasea upon rreign: races as :oJIo*s -- Per ton of 2.240 ib ^ross we:git H.S.427.75 (taanty aaraa point aeranty flra) and Severs are to pay or receive inv dmcrence in T.r rate o: ire.gr.t above or oe.ow -.-.at itgu.-e All cnarter oenehts or allowances or returns ot ct-.T.ige ro oe tor acrcu.n: j: Seders Any demurrage incurred at port o: discnarge ana any export or ot.-.er tor. tax or sunder imposition m respect of the goods to ce tor account ot Buvers 5. Insurance; The ioove price s is are based upon a rr.ar.ne insure-,:e rate o: 2/3d.^ (two ahililags and thraapanea) 9d. Sar Blak. per cent, and Buyers are to pay or receive inv differs- te :n the rate ot name -.-u'an above or below that figure Her .-.am 'sera-wfr ire: ;'t"*ni'is. tier' vr- included and the goods wijl not be insured ap particular case the prer ~s.u~.~. ns.a u~s nm .nsiirer. iga.m T un.ess Bui ers .null in ant tketeisr wiil '.e 'ar ac: out US- 4. Shipment: It is a condition oi this Contract that instructions must be given by the Buvers for shipment thereunder dunng the contract year approximately equal monthiv proportions or otherwise u agreed. Accordingly the Buyers shall give appropriate skipping instructions .either periodically or at or towards the beginning of the contract yeart so as to give the Seilers ample tune to arrange shipments on this basis In the event oi Buyers tailing ifrom any cause whatever) to comply with this condition the Sellers shall have the option to cancel those tonnages in respect of which up to the date oi cancellation shipping instructions were not given by the Buyers in sufficient tune as aforesaid. If shipping instructions are given for approximately equal monthly shipments as aforesaid or otherwise as agreed, then the Sellers will use theu best endeavours to arrange the necessary shipping facilities, but if and so far as this proves impossible for reasons beyond theu control, then the provisions oi Clause 13 hereof shall appiy 7. Period of Itariag 1?67* Shipment: I. Coit of Discharging: For actount o: 3uvers 9. Advices of Shipment: Seders .nll endeavour :o give prompt notice oi detaiis of each shipment to Buvers. Put ;n the event ot any mutilation uetav in ceuverv or non-oeir.ery ot taoies or tther com munications concerning shipments either aacressed to or sent bv Seders however oaused Seilers shall not be responsible -'or any consequences arising theretrcm 10. Special Conditions: It :s a condition o: this contract that ail asbestos supplied under :t sha.i oe usea :y the Buvers in thetr o'.vn tactcrv or 'actorie? ano not re-soic by them in an inmanutactured state 11. General Condition*: a Should anv new export or otuer duty or r.a :gition tax or increase in the existxg duty or tax x the count.-.- o: artgu-. or port o; -.'.oment, or increase un radwav charges on the African raiiwav. and or -adwavs. on w-r;.:.-. the asbestos :s earned or any import or other dutv jt the country o: tlestxation. he --rosea durxg the contxuance of this contract, tncreasxg cost oi the asuestos to oe_er- the xcrease shall be paid bv S-vers on any shipment tor which treigh: shall have oeen engaged or sioimer stemmeo or .caced at the discretion oi the Seders P I: Buyers made de.auit x pavment or become suo;ec: to Bar.K.-uptcv Law or go n.to ..cuidauon cr any purpose other than tec nstruetton or reorganisa-.-.cti Seders may at their optica withhold ail cr any turxher .euver.es tor such time as they thxx at and or cancel the balance o: the contract 12. Exception*: Seilers shall not be responsible either :or non-shicm.ent or x the event oi any deiivenes being delayed or prevented :cr any ot the todow-xg reasons, or x any oi the :odewtr.g events--- a In the event oi any pro/uottion bexg c.aced on the export oi asbestos b In the event oi any deuvenes bexg delayed or prevented by want o: transport or .-adage, or wh.de on the road and or railway, or during loading by torce majeure or by causes ansxg mom disaster on land. nver. or sea c In the event or x consequence oi tempests, earthquakes, cyclones, doodxg oi mxes. camxg away oi bndges. or other cause hmdenng or preventing extraction from mxes or transport oi asbestos from nine to railway and cr to port of shipment. d! In the event of hre or destruction oi minxg materials or warehouses or store sheds. id In consequence o( any Act o: God or the Queen's enemies, or any war. xsurreetton. strike or iock-out of worxraen or anv other cause whatsoever beyond the control of Seders. If stoppage of or delay x deiivenes is occasioned by any of the above causes or by any ot.ner untortsetr. circumstances, the deiivenes affected .where ;/ are not w-tody pre vented: may, at the option of the Sellers, either be cancelled x whole or m par: or oe wholly or partially suspended and in the case of suspension the time for deuver-.es agreed upon may be proportionately extended by the Sellers. 13. Arbitration: Anv ispute ansuig out of this contract to be settled ov aroitrar.cr, ur Lonccr. ov two Arbitrators one to be appointed by each party to the reference or their I'mpire pursuant to the Arbitration Acts. 1889 to 19S0. 14. Notice*: To be given m writing .either delivered or by post or by cable or ov telegram to the parties at their above-mentioned addresses. IS. English Law This contract is made in England and English Law shall apply thereto :or ail purpoies. to apply: 16. Application to other orders: The terms and conditions contained in this Contract shall apply not aray to ail gcocs oraered by the Buyers thereunder but also iso far as appucabie: to ail goods crdereo by Buyers from Sellers either by letter or any other less :ormal manner or orcereo a ac cordance with the provisions of any other Agreement :cr the supply o: asoestcs abre between Buyers and Seilers, unless and except m so tar as any other terms arc conditions contained ui this Contract are inconsistent with any special terms agrero between Buyers and Sellers in any paracilar instance. Accepted on behalf of Sellers: TTR.*TI?.S A52~3CCS ~t3?_IS LIMITED, Accepted on behalf of Buyers: cawAia-Tssr psotwrrs cnapos.vma CIF CONTRACT for the sale of ASBESTOS FIBRE ^"*J0th Hovenbar 19 65 TURNERS ASBESTOS FIBRES LIMITED. (nJKO & tc--irr. 1,73.) Faulkner Holse. Faclkner street. Manchester 1. England Seilers ayre* to sell and C^T.*XI-Tr3 r.CDUCTS CKtrOTJlTIOI, L1 A.-3tr, raWSTL7AllIA, U.S.A. (Buyers, agree to purchase the following goods on the following terms and conditions 1. Description Asbestos Fibre m tons ot 2 000 ib net weight. and Quantity: Grlqualand "3" - 1,000 toan (ana thousand) 2. Prica: Delivery oi the quantities shewn above is contingent upon the maintenance 01 a rate oi mining production of the qualities concerned equal to current estimates 'or the period oi the contract. If for any reason these estimates are not maintainec -.he quantities to be delivered under this contract may be proportionately reduced at :.te option ot the Sellers. Per ton of 2.000 lb. net weight. C.i.f. Atiantto Port wrtqtiAiaad "3" 0 78*20ds (saventy ale^t pousdo twc ahii-ln^s) At prasant rataa of ozehan^a (baaad on a priea of R.1J8.00 par abort ton F.o.b.) The pnce-si shewn above is.'are in Sterling or. at the option of the Sellers as provided below, in the currency ot either Southern Rhodesia or the Republic of South Africa and is, are based on the conditions ruling at the date of this contract, and the Seilers are unable to bind themselves to any tilted pnces to be applicable to shipments during the year I The Sellers shall therefore have the right, at any tune during the continuance of this contract, to notify the Buyers of increased pnces (which will become anpiicabie forthwith to any deliveries shipped after the date of such notiacationl whether such increases are caused by increased mining costs or through any other cause, tn the event of the Seilers so increasing the pncefsi mentioned is this contract and charging m lieu thereof the pnce-si ruling at the dates of shipment, the Buyers shall have the r.gr.t it they wish so to do to cancei the undelivered balances of the amounts comprised within this contract. 3. Terms: Prcnru net cash .n atcriin; :n Lonaon or it :he option oi the Seilers such option being t.\c.'ci>olilc uv notification tn writing or by dole b> :he Seilers at anv tune tn respect oi anv dcin er.es which have not been shipped at the date ot such notification! tn the currency of Southern Rhodesia :for sales oi Rhodesian asbestosi in London or Bulawayo at the option of the Sellers. the Rcpubhcoi South Africa i for sales of asbestos from the Union ot South Afnca or Swaaiiandl tn London or Johannesour; at the option oi the Seilers. 9jr talegrmphlo tmaafar agmlAnt prMmttiaB ot ahipplng docuassjtk. Bankers dua-gwa, Including oost of talngnphlo transfer, to bo for soommt of Bugera. 4. Freight: the above pnceisi is are based upon freight rates as follows -- Per ton of 2.240 lb gross weight. U.3. ^27.73 (tnstf mt point eeeenty fire) and Buyers are to pav or receive any difference in :re rate of treignt above or beiow that figure All charter benehti or allowances or returns of primage to be :or account of Sellers. Any demurrage incurred at port of discharge and any export or other dutytax or similar imposition in respect of the goods to be for account of Buyers 5. Insurance: The above prtceisi is are based upon a marine insurance rate of 2/34. (two shillings and thrstpones) 9d. *r Risk per cent, and Buyers are to pay or receive any differ r-.ee in the rate of marine insurance above or below that figure Wsr rises assn ueht.1 .nurul nie'.pwunsj ..............---- included and the goods will not oe insured smtui v 1 11 1 111 1 II...... . lull m am particular case so request--tad is mil fVent the premiumi therefor will be for accouut 1rd-I' .... ntL-l i Ml :n;irA ijimi -mm in.- t,.fh n,,u =i-nl fail i Bm 4. Shipment: It is a condition of this Contract that instructions must be given by the Buyers for shipment thereunder during the contract year approximately equal monthly proportions or otherwise as agreed. Accordingly the Buyen shall give appropriate shipping instructions 1 either periodically or at or towards the beginning of the contract year; so as to give the Sellers ample ame to arrange shipments on this basis. In the event of Buyers failing (from any cause whatever; to comply with this condition the Sellers shall have the option to cancel those tonnages in respect of which up to the date of cancellation shipping instructions were not gives by the Buyers m sufficient time si aforesaid. If shipping instructions ire given for approximately equal monthly shipments u aforesaid or otherwise as agreed, then the Sellers will use their best endeavours to arrange the necessary- shipping facilities, but if and so far as this proves impossible :or reasons beyond their control, then the provisions of Clause 12 hereof shall apply 7. Period of During 1967 Shipment: I. Cost of Discharging' For account o: Bu .ers 9. Advices of Shipment: Seilers will endenour to gi-.e prompt notice oi details of each shipment to Buvers. but m the event oi anv mutilation, deiay m delivery or non-delivery oi cables or other com munications concerning shipments either addressed to or sent by Fellers however caused. Seilers shall not oe responsible 'or any consequences insin5 therefrom. 10. Special Conditions: It is a condition o! this contract that ail asbestos supplied under it shall be used by the Buyers in their own lactorv cr lactones and not re-soid by them in an unmanufactured state. II. GeneralConditions: a) Should any new export or other duty or navigation tax or increase in the existing duty or tax in the country of origin or port oi *.:pment. or increase in railway charges on the African railway, and or railways, on uh.rr. the asbestos is earned.or any unport or other dut> ui the country of destination, be .-noosed during the continuance of this contract, increasing cos; ot the astestos to iei.rr: the increase shall be paid by Buyers on any shipment for wrier. :reignt shall have ceen engaged or steamer stemmed or loaded at the discretion oi the Sellers. ^ bi If Buyers make dotault in payment or beoctne sub|ec; to Banxruptcv Law or go into liquidation :or any purpose other than reconstruction or reorganisation Seilers may at then- ootion withhold ail or any further teuvenes tor such time as they think st and. or cancel the balance of the contract 1], Exceptions: Sellers shall not be responsible cither tor non-sr..:meat or in the event oi any deliveries being delayed or prevented for any oi the following reasons, or in any oi the :oilowmg events:-- ai In the event oi any prohibition being placed on ihe export of asoestos. ib) In the event of any deliveries being delayed or prevented by want st . transport or railage, or while on the road and or railway, or during loading, by force majeure or by causes arising irom cisaster on land, river, or sea. c: In the event or in consequence of tempests, earthquakes, cyclones, flooding oi mines, carrying away ui bridges, or other cause hindering or preventing extraction from mines or transport ot asbestos from mine to railway and or to port of shipment. ,d) In the event of lire or destruction o: mining materials or warehouses or store sheds. let In consequence of any Act of God or the Queen s enenues. or any nirinsurrection, strike or Lock-out of workmen or any other cause whatsoever beyond the control of Sellers. If stoppage of or delay m deliveries is occasioned by any of the above causes or by any other unforeseen circumstances, the deliveries anected (where they are not wholly pre vented) may. at the option of the Seilers, either be cancelled in whole or in part or be wholly or partially suspended and to the case of suspeiuioa the time for deliveries agreed upon may be proportionately extended by the Sellers. 13. Arbitration: Anv dispute arising out of this contract to be settled by aro:trat:on m Lonccn ov two Aroitratcrs one to be appointed by each party to the retererce or their I'mpire pursuant to the Arbitrat-^n Acts. 1889 to 1930 14. Notices: To be given in writing either delivered or by post or by cable or by telegram i to the parties at their above-mentioned addressee. 15. English Law This contract is made in England and English Law shall apply thereto for ail purposes, to applyi 14. Application The terms and conditions contained in this Contract shail appiy not oniv to ail goods to other ordered by the Buyers thereunder but aiso (so far as applicable: to all goods orcereo by orders: Buyers from Sellers either by letter or any other leu formal manner or ordered ji ac cordance with the provisions of any other Agreement for the supply of asbestos abre between Buyers and Sellers, unless and except in so far as any other terms and conditions contained in this Contract are inconsistent with any special terms agreed between Buyers and Seilers in any particular instance. Accepted on behalf of Sellers: rrajms iSB-srcs runes lusted, Siraetcr, Accepted oa behalf of Buyers: CERTA III-TEED PRODUCTS CORPORA! 102 Coor Iscor from tukneas Asurros nms uhitio J2ib/J_j .`x. uiyde . lUtciicrof:, Certain Product3 Corpcracion, i-int; jiviiion, ro<'-<i .^cc ~ i* Z. x> p ci iZ.jOf .'.ablyr, ?enn=.yl vania 19002, .^.urjiiay, L'b r.h jc c caber, ipfy. -'ear ->r. .iutchcr.n't , in chu acv.-ucc of hr. ,.owe from tnu office 1 an replying to yuur L .-t tor of 7th Jecenbyr conccr:a:i, . Ila of our Jontrnct waicn ycu say you ary not too about. i would haiton to assure you c.`:at chore a. j ,ic si.ii.->t or benina the introduction of this ciau.-..' \.iu, if you '/ill r`;cc it in the light of clio explanation which foliowj, I think you will set chat there is nothin , t.i whicn uiai.iiidcb in nnj way our fundamentai rys jon.-t.utl ity- as anpjuLiyre of fibre, namely, that tho quality of . ;r snipped aiia_i carr-rjpor.u to the quality of tne snriyi. - >: triai tonnage originally approved by the customer, id:*:..., wuich :ne customer lias grounds for complaint. our responsibility ends there, however. L:.uses to which asbestos can be put are many and varied ana, although we can suggest a fibre for a particular use and make recommendations generally, there can be no question of our giving a guarantee that a particular grads is suit.-.Li..* for any purpose to which the buyer may choose to put it. To give you Just one example. l.\/ is a good urainage fibre and can be recommended for use in the manufacture of pressure pipe. but we cannot ba held liable if a buyer over-treats this fibre in such a way as to ruin its filtorability cr uses an unduly high proportion of it in the furnish with prejudicial effects oh the quality of thopipe. Carrying this example further you will understand that the sentence regarding "consequential loss" covers us against any claims which might Coned  ^X urchcrol't 2 2 th Jecoac uris . suoul-i tha hypothetical pipe, just Qeucioui-< in -'/fvicj, It is xaJc froa our fibre yes, but _ ai'i'zir of our: if the fibre i3 either wr wron-i l(rtcj is us?ii, to suv nothing of possxbi. c.3 .itii dC c w.i i.irj tjrwl)' hc .1 r: i_ , of cour-5 o, the po -j _> ib ii i;: ^ i ^L'j .. -1 ** 0 A _oi\ affectaa because c:' in t.i .r _*;ui i t;. ex' i'i lire lUjjpxi :u but cue onus th j. J. l / ")f oh shipment n S. COUtl'u ^* O U . . I' .* ,- ' ' - - ' ,U - i : iju'/cr our from cl ,;:2s iri . wa.-> fox t by t.it only wruuetn; to bo woruiaj. - '*l r i*1 on the* j c ::n*i . .<_n. ...; circ'-ms uChict: j 'epartneue is v-o- safe aids by in--erti.\, x trust our position in t::i- tar. c z r n but tf . ou .-.-till have seme- doubts about 1_ of si-.u-.-ij : - - U- oppos :o to our intention in i..-: pleas<_ .:o let Uj know. Your: sincerely, <r?. c. c M. a. navis M. J. burkin December 7, 1967 Mr. Michael Hone Turners Asbestos Fibres Ltd. Faulkner House, Faulkner Street Manchester 1, England Dear Mr. Howe: Attached hereto are the original copies of Fibre Contracts 8 and 9 for TA/I and Qriqualand S Blue Fibre for shipment during 1968. Via have held the copies. The addition of Paragraph Ua has been noted in the new contract, and it has caused us some concern. It is appreciated that there is no agreed upon specification between us for either TA/S or Qriqualand S nor do we propose one at present. But if the fibre to be received daring 1968 were to appreciably deteriorate in quality, our Factories would quickly draw the fact to our attention, and in turn we would be asking you for correction. As Paragraph 11a now stands, it would indicate no redress to us. Perhaps that was not your intention. Our relation ships with you in the past have certainly shown a very responsible attitude cm your part in regard to quality. Possibly you would care to reassure us an tM.<i point for 1968, and reconsider for 1969 the omission or change of Paragraph 11a. Very truly yours, Clyde R. Hatchcroft Broad Axe Anblsr ?.) Mr. M. S. Daria, Jr. December 6, 1967 C. R Hutchcroft/jf v ^ Blue Aabeatos Fiber Contracts for 1968 cci Mr. J. J. Durkin Attached are Contracts 8 and 9 with Turners Asbestos Fibres Limited for our supply of TA/X and Crlqualand S Blue fiber for 1968. A Xerox copy of Contract 8 has been sent to Mr. DeLocg for his file. Also attached is a copy of the letter I propose to send Mr. Michael Howe of TAF in returning the signed contract to hin. If you. approve of the contract and ny letter, will you please sign all four copies of the contract and return then to use. I will send the original back to !fr. Howe and the copy to Hr. Durkin. I hare taken exception to Paragraph 11 (a) -which states there is no warranty as to quality except where specifically agreed. It was not in last year's contract. Due to our past relationship with TAF and to their known integrity, it is doubtful if we are taking such risk In 1968. But I'd like to m.n it to their attention to at least draw a letter of quality intent from them for 1968 and to possibly get them to make a modification for the 1969 contract. If you would be so kind, would you please return these as quickly as possible. Mr. Durkin is holding his January orders and arrangements for shipment pending the sending them of the signed contracts. Att. CIF CONTRACT for the sale of ASBESTOS FIBRE Vo- 8 Dau JOth :i0Tk*r 19 67 TURNERS ASBESTOS FIBRES LIMITED, (TURNER & NEwall Ltd.) Faulkner House. Faulkner Street, Manchester 1, England . SeLlers, >it to mu ud cEnTAn-nn) phojwts uo. j-a'j\.nar, AXS OFFICES, 25 same* pie, avslt?, Pennsylvania( UwA (Buyersj agree to purchase the following foods on the following terms and conditions. 1. Description Asbestos Fibre in tons of 2.000 lb. net weight, ud Ouantity: ?A/K - 5 ,S0U tuna (fivn thouaaad tlg&t htmdrod) 2. Price: Delivery of the quantities shewn above is contingent upon the maintenance of a rate ot '"ining production of the qualities concerned equal to current estimates tor the period of the contract. If for any reaaon these estimates are not maintained the quantities to be delivered under this contract may be proportionately reduced at the option ot the Seilers. Per ton of 2.000 lb. net weight. C.i.f. IT.. Atlantic Pert TA/K 2 91. 3. Od. (nlnaty en pcatia three shilling) (Baaod aa a price of K.1J8.00 per short ton P.o.b.) At present rite of exchange. The prtcefs) shewn above is/are in Sterling or, at the option of the Sellers as provided below, m the currency of the Republic of South Africa and is/are based on the conditions ruling at the date of this contract, ud the Sellers are unable to bind themselves to uy fixed prices to be applicable to shipments during the year 1966. The Sellers shall therefore have the right, at uy time during the continuuce of this contract, to notify the Buyers of increased prices (which will become applicable forthwith to uy deliveries shipped after the date of such notification! whether such increases are caused by increased mining costs or through uy other cause. In the event of the Sellers so increasing the price:!; mentioned In this contract ud charging in hethereof the pricefs) ruling at the dates of shipment, the Buyers shall have the tight :f they wish so to do to cucel the undelivered baluces of the amounts comprised within this contract. i. Terms: Promc: net cash n iteriihg in Lcr.don or it the action o: the Seders such tcv.tr. oeir.g evercisao.e :v r.otmcat.cn vr-.tir.g :r :y cade by the Seders it ir.y :ur.e m -espec: 3: mv ccu'-er.es w,-.;c.-. hate not teen sr.pped it the Site o: such nctthtittor. -n the turreney o: the Retjuulic oi South Atr.ci for si.es oi isoestcs :rom the Cmcn 3: Soutn Ainca or Swaadana: us London or Johannesburg it the option 01 me Seders. By tl**r*plaio transfer against presentation of ablpplag document*. Banker* charge*, including coat of talegrapoio transfer, to b* for account of Buyer*. 4. Freight: the above pneeisj is. ire based upon freight rates as follows Per ton oi 2.240 lb gross weight. U.S. ^27.75 (twenty seran point seres fie*) and Buyers ire to pay or receive any difference in the rate of freight above or oe.ow that figure. Ail charter benefits or allowances or returns oi primage to oe :cr account oi Seders. .Any demurrage incurred a: port of discharge and any export or other cutv. tax or simuar imposition in respect or the goods to oe for account oi Buyers 5. Insurance : The above prices i is are based upon a marine imrance rate ot 2/jd.;j (tiro shillings and tbxspincs) 9d.7* Jar Risk per cent, and Buyers are to pay or receive any din'ereace in the rate oi marne insurance above or below that figure. 'Aar Aim eaa ame* umaeea eweeenee^ mduded and the goods wnd not be insured iturv - itih-amHui.m llnv.-s in ; us my parucidar case so reTinf '* ' ' ------- "**--------- r~ thereior wtii be for ic "urn \\,UV\A imeeed again fail s Biiven. 6. Shipment: It is a condition of this Contract that mstmctic-: must be given by the Buiers :or shipment thereunder dunng the contract appro.'cmiteiy ecuai monthly proportions or otherwise as agreed. According: the Buyers shad give appropriate shipping instructions either penodicady or at or 'ards the beginning oi the centric: year; so as to give the Seders ampie ume to arrange shipments on this oasis In the event oi Buyers fading .from any cause whatever; to comply with this condition the Seders shad have the option to cancel those tcr.r.ages in respect oi which up to the date ot cancellation shipping instructions were no: given bv the Buyers in suf-cient time as aforesaid. If shipping instructions are given for approximately equal monthly shipments as aforesaid or otherwise as agreed, then the Seders wsil use their best endeavours to arrange the necessary shipping lacdities. but if and so far as this proves impossible for reasons beyond their control, then the provisions o: Clause 12 hereof shad ipp.y 7. Period oi Shipmtat: 196* 8. Coat of Discharging: For account of Buyers. .K 1 /: 'r! >* < 9. Advices of Shipment: Severs w-_l er.uta-.our :o ~' t ptcrr.pt notice o: derails o: eacn interne.-.: to Su-.ers out :r.e tr.t s: sr.y mutduttcn ueiay :r. sc-ivery or r.cn-ueu'ery o: cuc.es ::.-.e: com- .T.untcattcr.s cor.cemu-.g suupir.ents either undressed :o or sent by Seders r.owever causer: Seders i.-.aii r.ot be responsible tor any consequences arsing there:rom. 10. Special It a a condition ot thus contract that all asoestos supplied under it sna*l be used by the Conditions: Buyers in then1 own nctory or lactones and not re-soid by them in an ucmanuiaciured state, wn.-.ou: the express permission 01 the sellers 11. Central Conditions: a Any warranties or conditions, statutory or otherwise, as to qua.ity ir nines' :o: any purpose are excluded except where specincailv agreed Clauns n .-e;`cec: o: consequential loss howsoever ansing, are not accepted. Where sale :s wi in i certihcate oi quautv supplied bv an .ndependent .nspectton authonty the certihcate the charge 'or wr.ich is payaDle by the 3u-.e: snail be conclusive as to the matters centred (b' Should anv new export or other duty or navigation tax or increase n the existing duty or tax us the country o( origin or port oi shipment, or increase m railway c.-.arges on the African railway, ana or railways, on which the asbestos is earned or any import or other duty us the country oi destination, be unposed during the continuance oi this contract, uicreasing cost of :he asbestos to Se.crs. the increase shall be paid bv Buyers on any shipment tor which freight shall ha-e been engaged or steamer stemmec or leaded at the discretion oi the Sellers. c If Buyers maite default in payment or become suDiect to Banx.-uptcy Law or go into liquidation tor any purpose other than reconstruction or reorganisation. Seders may at their option withhold all or any tunhe: deliveries for such tune as t.-.ev f.t and. or cancel the balance of the contract. 12. Exceptions: Sellers shall not be responsible either tor non-s: rmer.t or in the event oi anv cedver.es being delayed or prevented tor any oi the toiic uig reasons, or in any ct tee -odo-vmg events:-- a In the event o. any prohibition beutg piacec or. the export or shipment--m asoestos. b) In the event oi any deliver.es being delayed or prevented by want ot transport or railage, or while on the road and. or railway, or during loaning, by force majeure or by causes arising from disaster on land, river, or sea. ,cl In the event or in consequence of tempests, earthquakes, cyclones, hooding of mines, carrying away of br.dges, or other cause hmderuig or preventing extraction from mines or transport ot asbestos from mine to railway anu or to port of shipment. Id) In the event of bre or destruction of mining materials or warehouses or store sheds. e; In consequence of any Act of Cod or the Queen's enemies, or any war. insurrection, strike or lock-out of workmen or any other cause whatsoever beyond the control of Seilers. If stoppage of or delay m deliveries is occasioned by any of the above causes or by any other 'unforeseen circumstances, the deliveries affected (where they are not whedy pre vented': may. at the option of the Sellers, either be cancelled in whole or a par: cr :e whoilv or partially suspended and in the case of suspension the time for ueu-.er.es agreed upon may be proportionately eaten''--' by the Sellers. 13. Arbitration: .Any dispute arising set c: this contract to be settled by arbitration m Lonaon by two Aroitrators one to be appointed by eacn party to the :e:erence or their Umpire pursuant to the Aroitrauon Acts. 1SS9 to 1950 14. Xotlcci; To be given in wnung 'either delivered or by post or by cable or by telegram: to the parties at their above-mentioned addresses. 15. English Law This contract is made m England and English Law shall apply thereto lor all purposes, to applr lb. Application The terms and conditions contained m this Contract shall apply not only to ad gooes to other ordered by the Buyers thereunder but also so far as applicable! to all goods orceres by orders: Buyers from Sellers either by letter or any other less formal manner or ordered m ac cordance with the provisions of any other Agreement for the supply of asoestos nbre between Buyers and Sellers, unless and except m so far aa any other terms ana conditions contained m this Contract are inconsistent with any special terms agreed between Buyers and Seilers in any particular instance. Accepted on behall of Sellers: :ri2S ASBESTOS FIBRES LOTTED c-vT DLrectorT Accepted on behall of Buyers: CE72AI3-TEED PRODUCTS CORPORATE:." M. i. Davia, Jri Vine Pnelocnt IF CONTRACT for the sale of ASBESTOS FIBRE ''a. ^ joth Jforeobdr 19 67 TURNERS ASBESTOS FIBRES LIMITED, (TURNER & new.all Ltd.) Faulkner House. Faulkner Street, Manchester l. England .Seilers, **"* to Mil and CEHSAI3-TrS> PRODUCTS CORPORATICH, ar.c.u :.rz amzzs, 25 2LU7A3C PIE, .CS3._?., Pm'.'STL* -vilXJL, U.3.A. ,'Buyers: agree to purchue the following goods on the following terms and conditions 1. Description Asbestos Fibre in tons of 2.000 lb. net weight, and Quantity: SriquaLaad 31u "S" - 600 tons (six hundred) 2. Pries: Delivery of the quantities shewn above is contingent upon the maintenance of a rate of aiming production of the qualities concerned equal to current estimates :or the period of the contract. If for any reason these estimates are not maintained the quantities to be delivered under this contract may be proportionately reduced at the opticn o: the Seilers. Per ton of 2.000 lb. net weight. C.l.f. C.3. Atlantic Port drlqualaad 3 C 92, }, 04. (niasty t*o pounds three shllllas's) At prt ret# of exchange (Based on s price of iU3e.OO per snort ton F.o.b.) The pnce:s) shewn above is. are in Sterling or, at the option of the Sellers as provided below, in the currency of the Republic of South Afnca and is are based on the conditions ruling at the date of this contract, and the Sellers are unable to bind themselves to any fixed prices to be applicable to shipments during the year 1963 The Seilers shall therefore have the right, at any time dunsg the continuance of this contract, to notify the Buyers of increased pnees (which wiil become appucaoie forthwith to snv deliveries shipped after the date of such notincar.on: whether such increases are caused by increased mining costs or through any other cause. In the event of the Sellers so increasing the pneefs) mentioned in this contract and charging m lieu the: the pnce:s) ruling at the dates of shipment, the Buyers shall have tne r.gr.t if they wish so to do to cancel the undelivered balances of the amounts comprised wtthji this contract. 3. Terms! Promnt net Cisii m fitcrurg n Lunuon ur at the option o: :he ociiers such couon being exercisable uy notu'ication .:i w riling or by cuoic uy tiic fellers at anv lime in respect ot any deliveries which hate not been shipped at the uaic ot such notification: m the currency ot the Republic ot South Ainca .tor sa.es ot asocstos trom the Union ot South Atnca or owntiandl m London or Johannesburg at the option ot the Seilers. ST tnlngmphio tranafnr against presentation of shipping document*. Sankara charge*, Including coat ot telegraphic transfer, to be for account of Buyer*. 4. Freight: the above pnceis) is/are based upon freight rates as follows Per ton of 2.240 lb. gross weight. TT.3. SJ0.50 (thirty point fifty) and Buyers are to pay or receive any difference in the rate of freight above or oe:cw that figure. Ail charter benefits or allowances or returns bf primage to be for account o: Seilers. Any demurrage incurred at port of discharge and any export or other dutv. tax or sumiar imposition in respect of the goods to be for account of Buyers. S. Insurance : The above nnce.sl is. are based upon a marine mi trance rate of z/jd.p ffro shilling* and threepence) * 9d. Tax Risk. per cent, and Buyers are to pay or receive any difference in the rate of marine insurance 6. Shipment It is a condition of this Contract chat instructicr i must be given by the Buyers tor shipment thereunder during the contract year approximately equal monthly proportions or otherwise as agreed. According!: the Buyers shall give appropriate shipping instructions (either periodically or at or towards the beginning of the contract year I so as to give the Seilers ampie time to arrange shipments on this basis In the event of Buyers fsiling (from any cause whatever) to comply with this condition the Sellers <hn have the option to cancel those tonnages in respect of whica up to the date of cancellation shipping mstrueticns were not given by the Buyers in suicient rim, as aforesaid. If shipping instructions are given for approximately equal monthly shipments as aforesaid or otherwise as agreed, then the Sellers wdl use their best endeavours to arrange the necessary shipping facilities, but ii and so far as this proves impossible (or reasons beyond their control, then the provisions oi Clause 12 hereof shall apply. 7. Period of Shipment: During 196a * Coet of Discharging: For account of Buyers id* levs of oluprncni: Seilers .iU cur to prempt nettee cr ietaij o; eaca shipment :o Seven but in ::;c c*. ent :: j:.d" :r. -c.:'. ery rr nen-ueuvery o: cu..e; :r n.-.er ccm- municanuni s.upments either :-q:;ssed to cr sent bv Seilers -.o-'.eve: tellers 5.11.! r.ut _c responsible cr arty consequences arising theretrem. 10. Special It a a condition a; this contract that ail asoestes supplied under :t shad be used by the Conditions: Buyers _n their factory or lactones ana not re-sold by them in an unmanufactured state without ti,.- express permission o: the sobers 11. General Conditions: a Any warranties or conditions, statutory or otherwise, as to quality a: htness for any purpose are excluded except where specincailv agreed. Claims in respect o: consequential loss howsoever insing, are not accepted. Where sale is with a cernhciie or quality supplied by an independent inspection authonty the cerrthcate the charge for which is pavaoie bv the Buyer shall be conclusive as to the matters :e:::tied. b' Should any new export or other duty or navigation tax or increase in the existing duty or tax in the country of origin or port of shipment, or increase m railway charges on the African railway, and/or railways, on which the asbestos is earned or any import cr other duty in the country of destination, be imposed during the continuance of this contract, increasing cost of the asbestos to Sellers, the increase shall be paid by Buyers on any shipment tor which freight shall ha. e been engaged or steamer stemmed or loaded at the discretion of die Seilers. c; If Buyers make detauit in payment or tntme sub-ec: to Bankruptcy Law or go into liquidation for any purpose other than :eccnsiruc::cn or reorganisation Seilers may at their option withhold a.1 or any further deliver.es tor such time as thev trunk fit and or cancel the balance of the contract. 12. Exceptions: Sellers shall not be responsible either for non-s.-.cmer.t or m the exent oi any aeiiver.es being delayed or prevented for any of the -.oil; ing reasons, or in any oi the tqllowtng events:-- al In the even: oi any prohibition bemu piaced on the export or s.-.;cmeni oi asbestos .b) In the event of any deliveries bexg delayed or prevented by want ot transport or railage, or while on the road and. or railway, or during loading, by force majeure or by causes arising from disaster on land, river, or sea. .ci In the event or ui consequence of tempests, earthquakes, cyclones, deeding of mines, earning away of bndges, or other cause hindering or preventing extraction from mines or transport oi asbestos from mine to railway and. or to port of shipment. dl In the event of are or destruction of mining materials or warehouses or store sheds. ;e) In consequence of any Act of God or the Queen's enemies, or any war. insurrection, strike or lock-out of workmen or any other cause whatsoever beyond the control of Seilers. If stoppage of or delay m deliveries is occasioned by any of the above causes or by any other unforeseen circumstance:, the deliveries affected iwhere they are not wholly pre vented) may. at the option of the Seilers, either be cancelled in whole or ui part or be wholly or partially suspended and in the case of suspension the time for deiiver.es agreed upon may be proportionately extended by the Seilers. 13. Arbitration: Any dispute arising out of this contract to be settled by arbitration x Loncoo by two Arbitrators one to be appointed by each party to the reierenee' or their Umpire pursuant to the Arbitration Acts. 1389 to 1930. 14. Notice*: To be given in writing (either delivered or by post or by cable or by telegram i to the parties at their above-mentioned addresses. 15. English Law This contract is made in England and English Law shall apply thereto lor all purposes, to apply: 16. Application The terms and conditions contained in this Contract shall apply not only to ail goods to other ordered by the Buyers thereunder but also (so far as applicable) to ail goods ordered by orders: Buyers from Sellers either by letter or any other less formal manner or ordered in ac cordance with the provisions of any other Agreement for the supply of asbestos nbre between Buyers and Sellers, unless and except in so far as any other terms and conditions contained in this Contract are inconsistent with any speaai terms agreed between Buyers and Sellers in any particular instance Accepted on behalf of Sellers: TTO.-3S AS3ZSTC3 rIBP.ES IXTTT3, U!w-C- - ElrecdwrC"^ Accepted on behalf of Buyers: CatPCRATICfl M. 3. Davis, Jr. Vice President. / 1/ V a a *5 <3 o o HO 2 9> 5 0 X u a \ i ft) u x ft) SVa'i. < --a 3 9 S* < 2 u aoc- j a p u 19 >ft) U u0. -f CONTRACT FOR THE PURCRASE OF ASBESTOS FIBRE Rtf. No 5902 Date22dr. 2eeerier lead. of .-jr/rler, rer.=syl"TMia Z * * * ** hereinafter called the Buyers offer to purchase from Llassro. Zzr.iz (rdy) Ldd. ............. or' Burlington House. 22. Risstk Street. Johannesburg, South Africa, hereinafter called the Sellers, the following goods at the following prices, and on the conditions stated overleaf Description tad Quantity :--Asbestos Fibre in tons of 2,000 lb. nett weigbt. Tons Cradt ' ___ ` 1C .-no site Irede 333 ' , Price :--Per 2,000 lb. ton nett. Grade 333 Price .3. %2zl.2 ?ras= t sc Iced = r. d pr.lladc.ssd T.easc.r.cc lr.sdio* I'.-ir.rtaSags extra at z.22 per s-.erd dO.Teach and non-returnable. ( bap per ton). Signature of Buyers : CERTAIN-TEED PRODUCTS CORPORATION Pipe Division p. (j. Durkin Purchasing Agent Date: January 10, 1R;? Accepted on oehalf of Sellers : // /Af 9Date / c. CONDITIONS I PAYMENT Hmt m nem ........ .. i* **^4***ww^**!wi**p*^ Cream to contain a clause mating caused Oiilt ot iaj.ng icceotacie ana to pet.ifv tnat >niome-:s are to be made 'rom South African or Portugese East Airman ports All postage ana ao< charges rearing to drawings under tne credit are-to be-tor Buven account. :. PRICE VARIATION ... Under bresem circumstances ail once* are subject to our cons as well a* currancv exchange *ates at the tame leveu aa those prevailing at the present time and we reserve the ngm to vary our pr.ces t fluctuation! occur Out notice 01' anv variation! nii be given to Buyers 3 OCEAN FREICKT 4 INSURANCE - Marta i4 WM RUfcj ! DELIVERY EUUOD Tor z.'.tZZ^r.Z IT. u'2_"U'r*' 1?5?* 4P*feweweafeee^a>mweaaaaeeeaiie>^"- '1 '' .. . juiti'i dvnwv^eeeataepa^M^a subject to the availability of supplies at the mines, shipping space and or.str.er transport facilities. Anv tonnage not delivered for shipment for any reason oy tne 31st Decern per 19 - .* shad be automaucaiiy cancelled. 6 RESALE The goods purchased shall be for the Buverj own manux'actunng `scuiremenu and will not be resold ^ an uaproceaaed condition without tne Sellers approval. * >ACS ^ Sclicn shall give notice to Buyers if it should be recesaary during -? currency of this contract to aiter the charpe for bap died or to require Buyers to provide tor return .c \fnca as empties tne cap used for the transport of Fibre. 3 GENERAL Seilers ihail not be responsiele for delays or non-dehvenes in the e' of anv prohibition arTecring the export of Asbestos. force maieurt. or ir.y other cause whatsoever beyond :.-.e control of tne Seilers. It $ understood that the Seilers retain tne right to accept or reject this offer to purchase. Further it is understood that the acceptance of this offer will constitute a contract made in South Amca and that South African La* snail apply thereto for all purpom ... .... t4 I/ll Certain-teed Products Corporation TO (LOCATION) : Broad Axe FROM (LOCATION) : Ft. Wash. Tech. Serv. ATTENTION OF : Mr. J. J. Durkin DATE : January 10, 196? SUBJECT : ANSWERING YOURS : Egnep Contract Ten Ton Amoslte 533 DICTATED BY : C. 3. Hutchcroft/11 ^ ^ I have looked at this contract and found nothing harmful to us in it. It would appear satisfactory, to sign it. All in all, however, it seems to be a lot of motion for a small result. All is returned herewith. I have made copies for our file. Ttlepfaon# Cairmi 0334 TURNERS ASBESTOS FIBRES LIMITED (TURNER * NEWALL LIMITED) S.T.D. Cod* 061 CEN 0)34 Faulkner House, Faulkner Street Manchester 1, England TLP/RB Certain-teed Products Broad Axe Offices, 25 Skippack Pike, Ambler, Pennsylvania, U.S.A. Corporation, For the attention of >ir. J. J. Durkin Ttlu 66360 Tdcvr&m* VuJbmos MAactestcr Cod* Bttilcy't Second Friday, 20th Deoembe 1963. c- Dear Sirs, We refer to the exchange of cables between us concerning your order :.'o.PD6A9 for 10 tons of Cape Amosite grade S33 and confirm that we have arranged with Cape Asbestos Fibres Ltd. for this to be supplied to you at the- price of U.S. 1165*15 shipped in January, or U. S. 1167.65 if shipped after the 31st January, per short ton C.i.f. Philadelphia. This fibre will be pressure-packed. To avoid Exchange Control difficulties, the best procedure is for EGIvEP, the suppliers in South Africa to quote you formally, and for your order to be in their favour. Payment should be direct to them. We will send you the formal quotation, and if you would then let us have the order in favour of EG'.rEP, we will pass it on. In the meantime the matter is in hand and the fibre has been reserved, so these formalities will not cause any delay. We have asked Cape to arrange shipment in January if possible. For future reference, it is possible to obtain this fibre palletised as well as pressure-packed, and the charge for pallets is J8.00 per short ton. Orders, however, must be for multiples of 36 tons, as this is the capacity of the railway waggons Yours faithfully, for TURNERS ASBESTOS FIBRES LIJilTED r aiapfcoaa Casual OIM S.T.D. Coda osi cen 0334 TLP/R3 TURNERS ASBESTOS FIBRES LIMITED (TURNER * NEWALL LIMITED) Faulkner House, Faulkner Street ' Manchester 1, England Certain-teed Products Broad Axe Offices, 25 Slcippack Pike, Ambler, Pennsylvania, U.S.A. Corporation, Tala* *0 Tckfmsa Vuibaueo Miochaur Cod* Bmiky'i Sccood rionday f 30th December, 1963. For the attention of Hr. J. J. Durkin Dear Sirs, Further to our letter of 20th December, we now have pleasure in enclosing Egnep (Pty) Ltd's Contract Wo.6902 covering 10 tons of Amosite grade S33- You will note that the copies have been numbered in the bottom right hand corner. Would you please sign copies 1 and 2 and return these to us, retaining copy 3 for your files. When copy 1 has been signed by Egnep (Pty) Ltd. we will return it to you. Yours faithfully, for TURNERS ASBESTOS FIBRES LIMITED Lnc. ZOO SOUTH MICHIGAN AVENUE. CHICAGO, ILLINOIS MM PHONCi CM} SZZ-743S CASLESi NORAMCO, CHICAGO Mr. J. J. Durkin, Purchasing Agent, Certain-Teed Froducts Corporation, Fipe Division, Maple and Wissahickon Avenue, Ambler, Pennsylvania. 27th January 1969 Dear Mr. Durkin, On behalf of our associates in London, we enclose here with duly signed and executed original of Contract No. 6902, covering 10 tons Grade S33 Amosite Fiber. Your office will be advised further when actual shipment is made. Very truly yours, NORTH AMERICAN ASBESTOS CORPORATION r'If. President RECryor :bt enc. 'i January 10, 1969 Turners Asbestos Fibres Ltd. Faulkner House Faulkner Street Manchester 1, ENGLAND Gentleoen: REF: Your letter December 30, 1969 - TLP/RD Attached you will please find our purchase order No. PD-S20 covering 10 tons of Aooeite Grade 333 asbestos fiber nade out to Egnep (?ty.) Ltd. as requested in your letter of Deceaber 30. Ue are also attaching signed contract copies 1 and 2 covering this purchase. Ue have retained copy #3 for our files and we understand you will have copy #1 returned to us when it is properly executed. This cancels and replaces our PD-6h9 dated 12/10/63 to Turners Asbestos Fibres Ltd. Very truly yours, CBHTAIN-TEED PRODUCTS CORPORATION JJD/sbI Sncl J. J. Durkin Purchasing Agent, Pipe Division CONTRACT NO. 86 2W Tckphoo* Ctttnl 0134 S.T.O. Cod* Ml CEN 0334 TURNERS ASBESTOS FIBRES LIMITED (TURNER 4 NEWALL LIMITED) Faulkner House, Faulkner Street Manchester!, England Titet 66360 Tctegnai Vulbmoa Mtochaiu Cod* BcotWr'i Second SCM/SAB Certain-teed Products Corporation, Broad Axe Offices, 25 Skippack Pike, Ambler, Pennsylvania U.S.A. Friday 18th July, 1969 For the Attention of Mr. J. J. Durkin Purchasing Department. Dear Sirs, We thank you for your letter dated l^th July and as arranged, we have transferred 1,000 tons from grade TA/K to BT/AD. Your shipping schedule for the months of August and September have been revised in accordance with your instructions. Yours faithfully, for TURNERS ASBESTOS FIBRES LIM3 ?ED, - -> Jal,- LL, l?h9 >t. Michael P. Hove Turners Asbestos Fibres Liaitod (Turner and .'.avail Liaitad) Faulkner House, Faulkner at. .'anchester 1, England Tear .**. Hove: It will be satisfactory tc decrease the anount of TAA for 1969 by 1C-X tons and to increase the aaouat of 27/AD by the sane aaount as requested in your letter of .July 7, 1969. Tou will be advised of the date of release, and the quantities and the ports to which the fibre is to be shipped through !!r. Durkin. fours tml7, C. H. Hutchcroft Technical .-Materials Manager C1H:TOic r 'V cc: Kr. ?.. I*. Batenan bee Itossrs. fA. E. Alpine R, S. Hartman 'J. J. Durkin A. I. Leff \r cp.-.onc Cw;ra; s}Ji4 i T.D. CuJ oi ccs o;j4 TURNERS ASBESTOS FIBRES LIMITED (TURNER 4 NEWaLL LIMITED) Faulkner House, Faulkner Street Manchester 1, England M?:-:/vr.; Mr. Clyde R. Hutchcroft, Certain-teed Products Corporation, Pipe Division, Broad Axe Offices, 25 Skipjack Pike, Ancler, Pennsylvania 19002, U.S.A. Telex 66500 Tc!e;rami VyJ&cMon Mancr.CMCf CeUc Dcm.cy'i Second Monday, 7 u.* wU_y, 1S6S. Dear Mr. Hutchcroft, The production of TA/K is falling behind and I an writing to enquire whether we could reduce the tonnage of TA/Z for 1969 by 1,000 tons, increasing that of 3T/AD by the same amount. In your letter of the 19th September 1963 you said that you would be able to accept 3T/AD in place of some of the tonnage which might have been allocated to Griqualand S but, in our present difficulty, I hope very much that you can agree to this partial replacement of TA/Z. As you know, the price of 3T/AD is the same as that of TA/Z. It would be very helpful if you could let us have your confirmation by 25th July if at all possible. With kind regards, Yours sincerely, c.c. Mr. R. M. Bateman cr< 1-- - l\ nil i f\ 1QQ tferraber 13, 1963 Hr. HIchad Bow* Tamara Asbestos 71br*a Ltd. Faulkner House, Faulkner Street Manchester 1, Hngiar>H rear Hr. Ifeaet He* Hlue Fibre Contracts Hoe. 8 and 9 for 1969 Shclosed Is ads signed original copy each of contracts 8 and 9 for Hue Asbestos for 1969 la accordance with TA? letter of October 22, 1963. It Is possible that as sill require early shipments la Itocsafcsr, and if this is tbs ease after rsrleslng our stock position, details sUl be handled through our Purchasing Dspartaant. 7aej truly yours. c*i?l3 Clyde 3. Hutebcroft CHRtJb ^closures cct Hr. Hal cola Hsysr v B. C. Sadaker Hr. A. 3. Alpine \ Mr. 1. 3. Hartaan Mr. J. J. Esrkin<fvnth enclosures) Ardnore Mr. C. E. DeLong Blue Asbestos Fiber Contracts For 1969 Ft. Wash. Tech. Service November 11, 1968 C. R. Hutchcroft/Jb ccs Mr. J. J. Durkiit^T5Z>L^ Attached are Xerox copies of bine fiber contracts for 1969. I have returned the original signed copy to Mr. Rowe of Turners Asbestos Fibres in Manchester, England. The second copy of the original vas sent to Mr. Durkin. Att. Broad Axe Hr. 9. C. Radaker October 30, 1963 Technical Service Blue Asbestos Contracts fc C. R. Hutchcrcft/ll cc: Mr. J. J. Durkin. I th.S ;:r' Attached are the original and one cony each of cur 1969 contracts from Turners Asbestos Fibres for our suooly of Blue asbestos fibre for 1969. The one contract is for TA/X and BT/AD as produced by T&N, and the other for Griqualand S as secrued for us by TAF. Will you olease sign each of the four conies on the back page and re turn to me. I will send the originals back to Mr. Michael Howe of TAF, the cooies to Mr. Durkin, and Xerox cooies to Mr. DeLong. The quantities are those we requested, and the three grades are acceDtable to us. Att. CONTRACT for the sale of ASBESTOS FIBRE .Vo. 8 DaU 2284 October 19 TURNERS ASBESTOS FIBRES LIMITED, (TLRNER & .newall Ltd.) Faulkner House. Faulkner Street. Manchester 1, England (Seilers; agree < U and CESTiTS-TEZD PR0E0CT3 CORPORiTIOl MOD UE omc3, 23 SXIPPiCK PUS, f/ttt.ru, PE203TLVANU 0.3.A. [Buyers) agree to purchaae the following goods on the following terms And conditions 1. Dsscrlptioo Asbestos Fibre in tons of 2.000 lb. set weight, nnd Quantlryi Ti/X 6,4C0 tea* (six thousand and four hnndr*4) BT/iD - 100 teas (on* buadrad) 2. Price: Delivery of the quantities shewn above a coaunssnt upoc the maintenance of i rate ot aiming production of the qualities concerned equal to current esumates tor the period of the contract. If for any reason these estimates are not maintained the quantities to be delivered under this contract may be proportionately reduced at the option o: the Seilers. Per ton of 2.000 lb. net weight. C.A.i. C.j. Atlantic Port Tl/K 9 94* 3 Gd* (ninoty four pounds thro# shillings) BT/lD A CS4. 3. Qd. (nia*ty four pound* thr** *hlliiii*) (B**d on * prlc* of K143C0 per *r.ort ton* f.o.b.) it preaent rat* of axcn*ag. The priced) shewn above ii/are in Sterling or. it the option of the Seilers u prov.dec below, m the currency of the Republic of South Africa and u.are based on the conditions ruling at the date of this contract, and the Sellers are unable to bund themselves to any died prices to be applicable to shipments during the year 19 39 The Sellers shall therefore have the right, at any time dumg the continuance of this contract, to notify the Buyers of increased prices (which will become apoiicaoie forthwith to any deliveries shipped after the date of such notification) whether such increases are caused by increased mining costs or through any other cause. In the event of the Sellers so increasing the prices; mentioned in this contract and charging in lieu thereof the pnceis; ruling at the dates of shipment, the Buyers snail have the right ti they wish so to do to cancel the undelivered balances of the amounts comprued withji this contract. 3. Trm: prompt net cm". m iterun; m Lor.con or it the option ot the Seders such oytcr. oetng exerttsau.u uy notification :n vntin; or ay cacic by the Seders it my tune in respect at anv ucu'-cncs which have not been shipped it the due ot such nocir.cation at the currency ci the Republic ot South Atnci lor si.es oi asbestos trom the L'tucn o: South Africa or iwasiiand'. vn Loncon or Johannesour; it the option at the Seilers. Sir telogmphie transfer agaarot presentation of hipping docuaont Banker* chargee, Including cost of telegraphic tranefer, to ba fo aooount of Ss^ara. 4. Freight: the above pnceis) is. are based upon freight rates as follows -- Per ton of 2.240 lb gross weight. l.s. ^27.75 (teenty seres point serea flro) and Buverj are to pav or receive inv cirferer.ee in the rate of freight above or oeiC'-v that rgure. AU charter benefits or allowances or returns of pn.ir.age to be tor account oi Seilers .Any demurrage mcurrec at port o: aiscrorre and any export or otr.er duty tax or similar imposition ji respect or the goods to :< tor account of Buyers. S. Insurance : u'e.\ The jbove.pnce-5' is are based uoon a marine msuror.ee rate of 2/3d/fc (to ahilliA^s tad Uirdtpanotj 1/--i. 7r Risk. per cent, and Buyers are to pay or receive any difference in the rate of marine insurance above or below that bgure. 'Vir m. r ann ornee earea < included and the goods will not be insured aeainst v. r__nxu^^i,.r il R ^. urn =r. parttcu.ar case muxi.i. n. m tn --- .ir-. theretor will be tor irroun: ------led is Bui ms. *. Shipment: It is a condition oi tha Contnct that instructions ~ust be given by the Bmers or shipment thereunder during the contract year ipproximateiy ecuai mor.th.i proportions or otherwise as agreed. Accordingly the Buyers shaii give appropr.ate shipping instructions either periodically or ac or towards the beginning of the contract year' so as to give the Sellers ample tune to arrange ir..pments on this basts In the event of Buyers failing 'from any cause whatever; to comply with this container, the Sellers shall have the option to cancel those tonnages in respect of which up to the date of cancellation shipping instructions were not given by the Buyers In suicien: tune as aioresaid If shipping instructions are given for approximately equal monthly shipments as aioresaid or otherwise as agreed, then the Sellers will use their best endeavours :o arrange the necessary shipping facilities, but if and so tar aa this proves impress.he tor reasons beyona then control, then the provisions of Clause 12 hereof shall appiy 7. Period of Shipment: During 19SS. * Coet of Discharging: For acccun: of Buyers 9. Advices ol Shipment: Sellers 'nil endeavour to give -romot r.ot:cc ot ic:;il oi cacti ;::;rmcn: to Buvers. out in the event o: iny mutilattcn delay :n uc..vcrv or rtort scu'crv o: c;_.es or other com munications csnccnxg shopmen.* either aadressed to or tent by Seuers. .-.owever coused. Seilers shod not be responsible tor any consequences oruuig theretrom. 10. Special Condidone: It u a condition of this contract that all asbestos supplied under it shall be used by the Buyers us their own factory or lactone* and not re-soid by them a an unmanufactured state, without the express permission 01 the sellers II. General Conditions: a! .Any warranties or conditions, statutory or otherwise, as to quaiitv :r fitness tor any purpose are excluded except where specifically agreed Claims x re.-sect o: consequential loss howsoever arising, are not accepted. Where sale :s with a c: tutcate of quality supplied by an ^dependent inspection authority the certificate the :.-.arge tor which a payable by the Buver; shall be conclusive as to the .'natters lerttieu. |b) Should anv new export or other duty or navigation tax or increase tn the existing duty or tax in the country of ongin or port oi shipment, or increase in railway charges on the African railway, and/or railways, on which the asbestos is earned or any import or other duty m the country of destination be unposed during the continuance oi this contract, increasing cost of the asbestos to Seders, the increase inill be paid by Buyers on any shipment for which freight shall have bees engaged or steamer stemmed or loaded at the discretion of the Sellers. ci I; Buyers make default in payment or become subject to Banxruptey Law or go into liquidation for any purpose oiher than reconstruction or reorganisation. Seders may at their option withhold ail or any further deiiver.es for such time as thev thma fit and,or cancel the balance oi the contract. 12. Exceptions: Sellers shall not be responsible either for non-;: tment or us the event o: any le_ver.es being delayed or prevented for any oi che fod. mg reasons, or m any o: tbe todoumg events:-- a. In the event oi any prohibition being placed on the export or shipment o: asbestos. ib) In the event of any deliveries being delayed or prevented by want oi transport or railage, or while on the road and or railway, or during loading, by force majeure or by causes arising from disaster on land, nver, or sea. (c) In the event or m consequence of tempests, earthquakes, cyclones, flooding of mines, carrying away of bndges. or other cause hindering or preventing extraction from mines or transport ot asbestos from mine to railway and or to port of shipment. (d) In the event of fire or destruction oi aiming materials or warehouses or store sheds. (e; tn consequence of any Act of God or the Queen s enemies, or any war. insurrection, strike or lock-out of workmen or any other cause whatsoever beyond the control of Sellers. If stoppage of or delay in deliveries is occasioned by any of the above causes or by any other unforeseen circumstances, the deliveries affected (where they are not wno-y ?re' vented 1 may. at the option of the Sellers, either be cancelled in whole or x part or be wholly or partially suspended and in the case of suspension the time tor ceuvertei agreed upon may be proportionately extended by the Sellers. 13. Arbitration: Ar.> duct;:: irjing out o; this contract to be settled by arbttranon a Lonacr. ov two .Arbitrators cr.e to be appointed by each party to the reference1 or their Umpire pursuant to the .Arbitration .Acts. 1389 to 1930 14. Notices: To be given in writing either delivered or by post or by cable or by telegram: to the parties at their above-mentioned addresses. 15. English Law This contract is made in England and English Law shall apply thereto :or all purposes, to apply! 14. Application The terms and conditions contained in this Contract shall apply not only to ad gooes to other ordered by the Buyers thereunder but also (so far as applicable) to ail goods orceree ov orders: Buyers from Seilers either by letter or any other leu formal manner or ordered in ac cordance wtth the provisions of any other .Agreement for the supply of asoestos hbre between Buyers and Sellers, unieu and except in so tar as any other terms and conditions contained in this Contract are inconsistent with any spcaal terms agreed between Buyers and Seilers in any particular instance. .Accepted on behalf of Sellers: TUR.'fXHS ASBESTOS fIBHES LIMITED, IvVA-v Sir*Star. Accepted on behalf of Buyers: catTAHi-TSE) PRODUCTS CCRrCRA" ILtQ-tfU.eit- w Rndnadr Vice Presides* CONTRACT for the sale of ASBESTOS FIBRF Vo. 9 DaU 2^d Os tobar 19 il TURNERS ASBESTOS FIBRES LIMITED, (TURNER & newau. Ltd.) Faulkner House. Faulkner Street, Manchester 1. England (Seilers; ifnt to wU tad CERTHR-TEH) PH0OTC7S C0RF02ATI0* 3iu.Au A^u, OFuTCESf 25 SXIPP.L.'i ?IZZ, ALoLEa. <'STtll.iTL7.UfZA. 3.j.A. ; Buyers 1 agree to purchase the following goods on the following terms and conditions 1. Description Asbestos Fibre in tons of 2.000 lb. net weight, and Quantity: Criquoland "5" - 200 toss (tee htalred} 2. Price: Delivery of the quanuaes shewn above is contingent upon the maintenance of a rate of mining production of the quaiities concerned equal to current estimates for the period of the contract. If for any reason these estimates are not mamtamed the quantiues to be delivered under this contract may be proportionately reduced at the option oi the Seilers. Per ton of 2.000 lb. net weight. C.i.f. O.u. Atlas tie Port Srlqualasd 'V' A a94.i2.3d. (ninoty four pound* teelTt ahlillagi) At protest rats of ozchasge. (Bastd as 1 price of &U2.00 per abort ton F.o.b.) The pheeit) shewn above ia/trt ia Sterling or. at the option of the Seiler* u provided below, m the currency of the Republic of South Africa and is/are based oa the conditions ruling at the date of contract, and the Sellers are unable to bind themselves to any fixed pnces to be applicable to shipments during the year 1969 The Sellers shall therefore have the right, at any time during the continuance of this contract, to aodiy the Buyers of increased prices (which will became applicable forthwith to any deliveries shipped alter the date of such notificationi whether such increases are caused by increased mining costs or through any other cause. In the event of the Sellers so increasing the pneeis) mentioned in this contract and charging in lieu thereof the price's) ruling at the dates of shipment, the Buyers shall have the right if they wish jo to do to cancel the undelivered balances of the amounts comprised within this contract J. Trm: Primp: r.et cash _a oterung in Lcnson or it the op::cn o: the Seders suer. opr.tr. o;e:r.t exercisaole by mr.tttaticn -vntir.g or by cioic oy tie Seders i; my time a rtsoec: o: mv deb', enes nhave r.o: been shippec i: the aite oi such r.or.r.cition a the cumene-.- oi the Rcpuul.c oi South Africa for sales of asbestos trim, the i.'h:cn o: South Atr.cn or sn'uuai', a London or Johannesburg ic the option oi the Seders. 8p tologmphle transfer amJntt presentation of noloflag docuanntn Baahnra eh*rgi including cost of tolegrnphio trnnnfer, to ho for account of 2tqror*. 4. Freight: the above pnceisi is, are based upon freight rites u follows -- Per ton of 2.240 lb. gross weight. U.3. ?JG.50 (tuirty point fifty) and Buyers ire to pav or receive inv dirrerence ir. the rate of freight asove or oe.cw a: figure AU charter benents or allowances or returr.s of pnruge to oe for ac:i.n: :: Seilers. Any demurrage incurred at port oi discharge and ar.v export or otner :uf tax or similar imposition in respect o: the goods to be for account or Buyers 5. Insurance: The above prices: is.are based upon a marine msurir.:e race of 2/;d., (two nhiliingi and ttrtopeo) i/-l. .nr Rlak. per cent, and Bovers are to pay or receive any duference un the rate of name mturirce aoove or beiow that ngure. 'Vs wens and eihee i.s.mU eeiiew*^*j^aaHw included and the goods will not be -- n n i 1 i I in i.-.a~ m ar.. panicuiar case to request--seed ui ...if event me pretr..u:ns therefor -vul be :or account O-vAA* w^ncCs 1/ iuta-as<--are mi rmreri ignne , iri ,a irrm ini airn -mi irsn - -y -- 6. Shipment: ft is a condition of this Contract that instructions m. be given bi the Buy era :or shipment thereunder during tbs contract year -proximate:;, ecuai xcr.tr..;. proportions or otherwise as agreed. Accordingly th. 3uyers shad give appropriate shipping instructions either periodically or at or towar.i tie segtnning oi the contract yeari so as to give the Sellers ampie tune to arrange sr..:ments on this oasis In the event ot Buyers fading .from any cause whatever to comply with this condition the Seders shad have the option to cancel those tonnages in respect of w Inch up to the dace oi cancellation shipping instructions were not given by the Buyers ui suicien: tune as aforesaid. If shipping instructions are given for approximately equal monthly shipments as aforesaid or otherwise as agreed, then che Seilers wall use their best endeavours to arrange the necessary shipping facilities, but if and so p'ar as this proves impossible for reasons beyond them control, then the provisions of Clause 12 hereof shall apply. 7. Period of Shipment: Luring 1969* *. Coet of Disc horging: For account of Buyers. 9. Advicei of Shipment: Seilers will endeavour to give prompt notice o: ceraiis of each shipment to Buvers. out m the event ot any mutilation ae:ay m delivery or non-delivery ot cao.es or other com munications concerning shipments either addressed to or sent by Seilers now ever caused. Seders snail not he responsible for any consequences arising thereirom. 10. Special Condition*: It is a condition of this contract that all asbestos supplied under it shall be used by the Buyers in their own factory or factories and not re-sold by them in an unmanuiactured >ta:e. without the express permission 01 the seiiers. 11. General Conditions: 'a: Any warranties or conditions, statutory or otherwise, as to quality or fitness for any purpose are excluded except where specifically agreed. Claims at respect ot consequential loss, howsoever arising, are not accepted. Where sale ts with a certificate o: quality supplied by an independent inspection authority the certificate the charge 'or which is payaoie by the Bui er; shall be conclusive as to the matters certified. (bi Should any new export or other duty or navigation tax or increase in the existing duty or tax in the country oi origin or port of shipment, or increase m railway charges on the African railway, and.'or railways, on which the asbestos is earned or any import or other duty in the country of destination. :e unposed during the continuance of this contract, increasing cost of the asbestos to Se_ers. the increase shall be paid by Buyers on any shipment for which freight shall have been engaged or steamer stemmed or loaded at the discretion ot the Sellers. c;. If Buyers make default in payment or become subject to Banitruptcy Law or go into liquidation for any purpose other than reconstruction or reorganisation. Seders may at their option withhold all or any further deliveries :or such time as tfiev thinx fit and,or cancel the balance of the contract. 12. Exceptions: Sellers shall not be responsible either for oon-s.-.-tnent or m the event of any deliveries being delayed or prevented for any of the foil; mg reasons, or us any ot the ic.lowmg events:-- ;a; In the event of any prohibition being placed on the export or shipment it asbestos. bt In the event of any deliveries being delayed or prevented bv want oi transport or railage, or while on the road and, or railway, or during loaning, by force majeure or by causes arising from disaster on land. nver. or sea. - ,c) In the event or in consequence of tempests, earthquakes, cyclones, hooding of mines, carrying away of bndges. or other causs hindering or preventing extraction from mines or transport oi asbestos from mine to railway and or to port of shipment. (d) In the event of hr* or destruction of mining materials or warehouses or store sheds. (*) In consequence of any Act of God or the Qntea s enemies, or any war. insurrection, strike or lock-out of workmen or any other cause whatsoever beyond the control of Sellers. If stoppage of or delay in deliveries is occasioned by any of the above causes or by any other unforeseen circumstance:, the deliver.es affected .where they are not wnody pre vented 1 may. at the option of the Seilers, either b cancelled ut whole or m par: or be wholly or partially suspended and in the case of suspension the time for celn er.es agreed upon may be proportionately extended by the Sellers. 13. Arbitration: .Any dispute msir.? out 01 this contract to be settled by arbitration is London by two Arbitrators .one to be appointed by each party to the reference: or their Umpire pursuant to the Arbitration Acts. 1389 to 1950 14. Notices: To be given in writing 'either delivered or by post or by cable or by telegram- to the parties at their above-mentioned addresses. 15. English Law This contract is made in England and English Law shall apply thereto for ail purposes, to spplyt 16. Application to other orders: The terms and condioons contained in this Contract shall apply not only to ail gooes ordered by the Buyers thereunder but also iso far as applicable) to ail goods ordered by Buyers from Seilers either by letter or any ocher leas iormai manner or ordered in ac cordance with the provisions of any other Agreement for the supply of asbestos nbre between Buyers and Sellers, unless and except m so far as any other terms and conditions contained in this Contract are inconsistent with any spedal terms agreed between Buyers and Sellers in any particular instance. Accepted on behalf of Sellers: TT.1HE?.: iSSESTCS FIBRES LIMITED Accepted on behalf of Buyers: Vice ?r.>iceat CUMTRACT NO. 84 0) e S3 sJT Hi a ofci t 0 01 iI 33 s H 2 J *U4 4 8* O U a 3 0* j B \ I 1 t r4 Ki * *r ;I 'I i i I / fr. k ;/ njumm . j-?2-<^- *V77 | I^JiS__Ar.rtgElStrr sad* a* of April One thouar.nd nln# hundred end clxty-tvo j.1 T v ; g TURNS:*. A 1TE V-LL LIMITED a Uni tad Kingdom corporation and CSP-TAli'-nSD PRODUCTS CORPORATION a Maryland corporation UKERTA3 Tumor 4 Newell Lloltcd la the beneflelal owner of the whole of the laauad chare capital of Turner A Newell (Overaeae) Llalted a Canadian oorporation (hereinafter called "Overeeae") UHER2A3 Overeeac la the beneficial owner of the whole of the leeued chare capital of Xeacbey A Kattlaon Coapany a ?enneylvanie oorporation (here* lnafter celled *KAll") ^OCEaSAS Turner A Newell Limited Inteadc to oauae XAI! to enter into an agreouont with Certainteed Product* Corporation In en agreement aubeter.tlolly In the fora attached hereto (hereinafter called "the Agreement") providing for the oale to Certaln-teed Produotc Corporation of the Pipo Aaeetc of KAM aa therein defined NOU IT IS H271E3Y AQR2ED ac followc i1. For the purpoeec of thic Agreement Turner A Newell Llalted and Certaln-teed Produotc Corporation ohall horoinaftor be referred to ac TAN end Certain-toed reepoetively and euch declgnatlonc chall be decnod to lnolude any cubcidlarioc or cubcuboidiarloc of cuoh coapaniec 2. TAN agreec to caueo SAM to duly cxeouto And deliver to Cortaln-tood the Agreement and Certaintoed agree* to duly cxceute and deliver the Agreement to KAM 3 TAN eonfirne that the 300,000 additional eharoa of Common Stoelc of Ccrtain-teod to bo leeued to KAM pureuant to tho Agreement chall bo recoivod by X&H for investment only, and further agrees that in the svent aueh aharoe oro distributed to Ovoraocs or to TAN aueh ahnroa ahall only bo aold or disposod of In ooaplianea with and pursuant to the provisions of Soetion 16 of tho Agroouont. In *hs ovor.t that TAN shall wish to dispose of all or any part of aueh sharos and in tho opinion of Counsel satisfac tory to Csrtain-tood such sharos aay bo sold or othsrviso disposod of In tho aonnor oontooplatsd without registration with the Sseuritiso and Sxehang* Coanission such sharos nay bo sold or otherwise disposed of without suoh registration and without any liability hareundor by TAN to Cortaln-tosd ______ Subjoct to tho eor.plotion of tho transaotlon oontenplatod by the Agrsonent i (a) TAN agreoe that for a poriod of five years calculated froa the Closing Oats as defined in tho Agrssaont it will not oxoept as a supplier of asbestos fibres bo engaged ooneerned or lntorostsd directly or lndireetly in the business of nanufr.cturin* or selling asbestos cuaont plpo in the V.S.A. <bj Certaln-tood shall during the period of this agroonont purchase froa TAN tho total quantity of asbestos fibres whloh Certain-teed aay froa tine to tlae roqulre for the purpose of aonufacturlng operations of itself and its subsidiaries end TAN shall sell suoh asbestos fibres to Certaln-tood at prices and upon other terns as aay be agreed upon froa tiae to tlae provided that such price or prices so agreed upon frou tins to tlae shall be at least as favourable as those upon vhleh asbestos fibres in oouparab'i qualities and of oooparable amounts and on comparable torso are oold by, TAN or any wholly-owned subsidiary thereof to TAN or any vholly-ovnod ouboidlary thoroof or thar customers and provided further that if in respect of any particular eontraet for a year node or to be nade to Certain-teed in accordance vlth this affreer.ent ouch oontraot price or prices shall be creator than the price or prices at which Certain-toad oaa purchase ouch quantity and quality of aabeetoe fibres on oisllcr torso for a elnllar period from other aupplloro Certain-teed shall so notify TAN by notice in vrltlnf and unleea TAN ehall vithin twenty-one days after the date of reeelvinc ouch written notice, jfrom Certain-teed advlee Certain-toed of ltj| vllllncneee to sell ouoh quality aobeotoo flbreo at aueh lover price Certain-teed shall In respect of the particular eontraet be at liberty to purchase ouch asbestos fibres from such ether sources. Notwithstanding the forecolnf TAN shall not be obllcated to sell and Certain-toed ehall not be obligated to buy asbestos fibres in excess of 75*000 tons per calendar year prorated for a portion of a year. Certain-teed across to place con tracts for Its requirements of asbestos fibres for each calendar year (oontraot year In the event the trade praetloo shall change) on or before sixty days before the befinning cf aueh calendar (contract) year. Zf Certain toed shall have requirements in excess thereof to be acquired on shorter notlee It shell advise TAN and TAN shall use its boot efforts to fill'suoh ordors subject to existing ordoro and eonnitmente The poriod of thia agreement shall start on tho Closing Data ee daflnod in tho AgreeBent and aholl and on ouch data so nay ba apaelflad in a nottoa In writing given, by ona party to tho othar at least two yoara prior to tho data ao apaelflad in any auoh notloa provided hovavar that no aueh wrlttan notloa say bo glvan prior to the eighth annlvereary of tho Cloelng Seta aa defined in tho Agreoaent. Notwithstanding the foregoing if Certain-toad ahall aoqulre a majority interest in any aaboatoa nine or elr.oa it nay on two years' notloo la writing to TAN request a poroontaga reduction In tho portion of Cortaln-toed'a requirements for cebeetoe fibres doslrod to bo purchased froo TAW under thia agroetient provided that the balance of Its requirements therefor are auppliod by such Bine or minoei upon reoelpt of ouch notice . the first calendar (aontraet) yoar contract apaoiflad In Section h hereof for tho year e starting after the two years' notice period and aubeequont yoara ahall covor tho reduood requirements of Certain-teed for asbestos flbrosi Cartaln-taed nay glvo TAN subsequent two year written notices changing tho percen tages of its requlracanta for asbestos fibres it wishes to hevo supplied by TAN under this Agreement end froa sueh nine or sines Tilt end Certein-tood' mutually agree that for so long as Certain-toed shall continue to purchaso aaboatoa flbros ir. aeeordanoa with tho provieione of this agroouont each vin (ubjcct ao hereinafter provided) to tho extont that it la free ao to do without breaoh of obligation to othor portloa exohange lnfornation with tho other aa to nothoda of nanufaeturo of r.aboatoa oeuent plpa with 4 vlow to auoh oaboatoa eoaont plpa being oonufooturod by or.oh of thou aa offlolontly and ooonoaioally aa poaalblo. Suoh oxohango ahall bo offoetod without paynent by olthor party to tho othor oxoopt to tho extent noeoaoary to roluburao to tho ooaaunloatlnf party lta actual eoata of oo doing. If howovor olthor party ahall boooua poaaoaaod of a baalo developser.t in tho nanufaeturo of aebeotao oouont plpa lnfornation in regard thereto ahall only bo eocxiunloatad to tho othor on auoh torso aa tho partlao nay agroo. For tho purpoaao of thio paragraph "baolo development" oholl seen any prooeao of canufaoturo which cannot reasonably be regarded uorely ae an i::provonent to a proetoo poaaoaaod * by either party at the date hereof Ji,Certaln-teod agrees that for ao long aa Tilt ahall dirootly or Indirectly bo tho bolder of not loeo than 230,000 choree of Connon Stock of Certaintaad or 10 per eont, of tho total laauad Conaon Stock of Cortaln-tood at any tin# whichever lo tho laae Cortaln-tood will oubnit to lta atookholdare ao noalnoaa of tho unnageuont for eleotlon to lta Board of Dlroctora two poroone noulnatod by T&H and ahall ueo lta boot or.do-.vouro to proeuro tho oloetioa of euoh poroone aa dlrootoro of Cortaln-tood 6, Itotwithe tending any othor provialon hereof to tho eontrary if at any tine or froa tin# to tine I I % I I L * i * t. TAW la prohibited froa aupplylr.g Certnin-tood with ita requirements o> aabeetoa fibraa by rocjon of war alvll oouaotlon maurraotlon rlota flood# flra atrlke or any othor duller oauae beyond tha rooaonabla control of Till, TAN ahall notify In writing Cortaintaod wheroupon Certain-toed ahall bo fraa to obtain Ita requirer-enta of aaboetoo fibraa froo third partiaa for ao long oa TAN cannot fulfil auch requlrenonta. Zn auch event TAN trill not ba liable to Certain-teed to any oxtont vhatooovor for aueh failure to au'pply the requireaente of Cortaln-toed Notvlthatending any other provloion horaof to tha contrary if at any tine or froa tin# to tine Certain-toad la prohibited frou accepting dellvory or prohibited froo eoupletlng tha purehaaa of any aaboetoo fibraa purauant to thla agreouent or any oalondar (eontract) yoar eontraet or ardor entered Into purauant to thla egrooaont by raneon of var civil eonnotion ineurrootion riot flood fire protractod atriko or any othor alell*.r oauao beyond the roaaonable control of Cortaln-tood, Certain-teed ahall notify TAN in writing whereupon Certain-toed ahall be froo to auepond accep tance of dollvorloo of aaboetoo flbroa while such prohibltlone ahall continuei it la undarataod that in any auch event Certain-toed will not ba liable to TAW to any oxtont vhatooovor for failure to aooept dellvory of lte requlreaenta under thla agreement provided that ita requlrenonta for the purehaaa of oabeataa fibraa to the extent required hereunder ore acquired froa TAN IN Vinrsss VHEflSO? the portloa hereto have exeeutod thla Agreer:ont aa of the ye-r and day flrat above written v THE C01fi!0N SS/.L of TURKS!* _ MtUALL LIMITED w* horounto affixed in tho ^rooonco ofs /. c. 4h|J S*^V>y Ur*TAIN-TE2D r^.ODUCTS CORPORATIOW B5r<^, r- *^ CN } Lx. 'i-- V . JX ' ajtsnr?^ </>iy <a * 4 kfTTII fNi V MATTlttN August 21, 1982 Mr. Malcolm Mayor, President Certaln-teed Products Corporation 120 East Lancaster Avenue Ardmore, Pena. Dear Mr. Meyer: It has been brought to my attention that in the Agree ment of April 18 between Turner ft Newall Ltd. and your company, the reference on Line 6 of Page 2 should read Section 18 of the agreement between your company and K&M Company and not 16 as shown. In order to regularize this situation, would you kindly sign the onclosed letter and return to me. Yours very truly, cbbick- C. B. Brown President. 1 agree to the correction In the main Agreement between Turner & Newall Ltd. and Certain-teed Products Corporation altering the reference to Section 16 to Section 18. " Malcolm Meyer, President Certaln-teed Products^Corporation On* jiiiii' hundred and seventy two MLTi.jit;: fnn ,tH nftmcfl A ItjJi'ALL I.IlilTj.D () of tlw otto ]H\rt *ki* within-jvMi.ecl CtKTAXN-TOJD hdOJlbCTS Cd.trorjvTTON ("Certain-toad" of th* othor part KOI/ IT IS HhiUiSY AGSESD ns follow* i- 1 TuK and Certnin-tood agree that with offset from tho data hereof the period of the Agreement between WtH and Cortelntae> doted l6th April 1962> ehnll end on Aueh dot* a* may be opecif. in a notie* in i/riting given by ono party to the other at leas two years prior to the data eo specified in any euoh notice provldod however th;it no such written notice may bo giv*n prie: to let Juno 1979 0 St. In nil other respects tho rights uml obligations of the parties shall continue to ho governed by the terms and contil tit of th* Agreement of 16th April 1962 no that thio Agroonout ohu1 bo construed and take offset as if such torn* and oonditions w ropoatod hnroin IN VITOl'.'SS l.HjJhlSOF tho partlos hereto have exeouted this Agreement as of the year and day first above vritton Tho COMTON SudL of t. KiiUAIL LII-.1VJU was herounto afflxo<^ in the nresenee ofi-j A- x Directors i ArfiiSTi cux. v Sncretnry a Socrotary President (. u- rtk* r# tw-W- J THIS ag,Ul:;.n" uedo as of tl.o "'" day of February, one thouuaud i.inc hundred end savonty-one CkTV.XLiJl the vithin-nar.cd TUnnER t KU.v.tL WMKD ("Tia") of tho one part and tho vithinnamod csaVaii:-tled pjvjulcti; cci<jo.v.tio:; ("Certaln-tcad") of tho other part ucw z? :s hsreuy acklld as followsi- '/ 1. T4N and Certain-tevd agrue that with effect froia tha date hereof the poriod of tho Agroemont between ?*N and Certaln-tsed dated 14 April 1S62, shall end on such dato as nay be speelfled in a notice in writing given by one party to tho other at least two years prior to the date so specified in any such notice provided however that no such vrittoi* nutico way be givon prior to 1 June 1977. 2, Zn all other respects tha rights and obligations of the parties shall continue to be govornud by the terms end condition of the Agreement of IS April 1962 so that this Agreement shall b construed and take effect as if such terms and conditions vora repaatod herein. ZN WITkiSS wi.TUSOP the parties horoto hava axocutsd this % Agrecront as of tho year and day flrut abovo uritton. The cofv.o.-i seal of Tuai.'hA c ) ItEi.-.UL M/:iVLO van hereunto ) affixed in tho presence oft-) Dlroetors Suoreur/ Secretary i V czatai::- // 'i ; ty :i3 ?r.OD'dC':s ccnAor.vric:: r f\ '" . t' FruTTHcn'i 0 r'"' 1 *1 i- THIS AGREEMENT nado as of *(u tKHi&\ d+y Qno thousand nino bundrod and alxty-oigbt BETWEEN tbo wltbln-naaod TURNER AHEWALL LIMITED of tbo ono part and tbo witbin-nasod CERTAIN-TEES PRODUCTS CORPORATION of tbo othor part VOW 13 IS HEREBY AOREES aa follows: 1. TAN and Cortain-tood agroo tbat with offoot froa tbo dato of this Agreement tbo poriod of tbo within-written Agreement aball ond on aueh dato aa nay bo spoolflod la a notleo la writing given bj ono party to tbo otbor at loaat two years prior to tbo dato ao apoolflod in any ouob aotleo providod however tbat no ouob wrltton notloo say bo givon prior to tbo tbirtaontb anniversary of tbo Closing Dato aa doflnod in tbo wlthln-vrltton Agrooaent 2. 2d all otbor rospoota tbo rights and obligations of tbo partita aball oontlnuo to bo govornod by tbo torso and conditions of tbo witbin-writton Agroamont ao tbat tbla Agrooaont aball bo eonatruod and taka offoot aa If auob torso and oonditlons woro repeated borola St WITNESS WHEREOF tbo partioa boroto bars oxoeutod tblo Agrooaont aa of tbo yoar and day firat abort wrltton Tha COMMON SEAL of TURNER A ' 1> I I f i l afa IIJI5__A0REEKE1TT mad* as of April On# thousr.nd nin# hundred cr.d sixty-two 3 E T V 2 E K TURUEP. A ITE'V.LL LIMITED a United Kingdom corporation and CSRTAIU-T3ED PRODUCTS CORPORATION a Maryland corporation UHERSA3 Turner A Hawaii United la the beneficial owner of the whole of the ieeued ehare capital of Turner A Nevall (Oversea#) United a Canadian corporation (hereinafter called "Overseas*) VHBR2AS Overeeae la the beneflolal owner of the whole of the ieeued ahare capital of Xeasbey A Kettlaon Conpany a Pennsylvania eorporatlon (here* lnafter colled *EAM") lfHBRSAS Turner A Hawaii Limited intende to eauae XAM to enter into an agreouont with Certainteed Products Corporation in an agreement substantially in the form attached hereto (hereinafter ealled "the Agreement") providing for the sole to Certain-teed Products Corporation of the Plpo Assets of KAM as therein defined mt. IT IS HERESY AGREED as follows It For the purposes of this Agreement Turner A Hawaii Limited and Certain-teed Produots Corporation ehall hereinafter be referred to as TAM gnd Certain-toed respectively and such deslgnatlene shall be doomed to inolude any subsidiarioe or subsubsidiarios of euoh companies !.TAM agrees to cause KAM to duly exeouto and dellvor to Cortain-toed the Agreement and Certalnteod agrees to duly oxooute and deliver the Agreoment to KAM 31 TAM confirms that the 500,000 additional shares of Ccirwon Stoclc of Certain-teed to bo issued to KAM pursuant to tho Agreement shall be received by XUi for investment only, and furthor agrees that In tho event such shares aro distributed to Ovorseat or to TAN such sharos shall only bo sold or ditpoeod of in compliance with and pursuant to tho provisions of Section 16 of tho Agrocuont. In tho event that TAN shall wish to dispose of all or any part of ueh shares and In tho opinion of Counsol aatlefaetory to Certain-tood such sharos say bo sold or otherviso disposod of in the monnor oonteoplnted without registration with ths Seeuritlss and Exchange Commission such shares may be sold or otherwise disposed of without euoh registration and without any liability horeundor by TAN to Certain-toad k,Subjoct to tho eonplotlon of tho transaction oonteoplatod by tho Agreonent t (a) TAN ogrooe that for a poriod of five years oolculatod from the Closing Date as defined in the Agreesont it will not exoopt as a supplier of asbestos fibres be engaged ooncerned or intorooted directly or lndireotly in tho business of manufacturing or selling asbestos ceuont pipo in the U.S.A. (b) Certain-tood shall during the period of this sgroonont purohaeo from TAN tho tqtal quantity of aebeetoe fibres which Cortain-teod may from tins to time roquire for tba purpose of manufacturing operations of Itself and Its subsidiaries and TAM shall sell suoh asbestos flbros to Csrtaln-tssd at prices and upon other terms as may be agreod upon from time to time provided that euch pries or prices so agreed upon from time to time shell be at least ae favourablo as those upon vhieh asbestos fibres in oouparablo qualities and of comparable amounts and on oomparable teraa are aold by, TAM or any wholly-ownad aubsidiary tharaof to TAN or any wholly-ownad aubaidiary tharaof or othar euatonara and provided further that If In respect of any particular contraot for a year made or to be sade to Certaln-teed In accordance with thla agreement such oontraot price or prices shall be treater than the price or prices at which Certaln-teed oan purchase such quantity and quality of asbestos fibres on siailar tarns for a similar period from other suppliers Certain-teed shall so notify TAN by notice In writing and unless TAN shall within twenty-one days after the date of receiving such written notloa, from Certain-teed advise Certain-teed of, ltg , willingness to sell suoh quality asbestos fibres at suoh lower price Certaln-tssd shall In respect of the particular oontraot be at liberty to purchase such asbestos fibres from such other souroea. Notwithstanding the foregoing TAN shall not be obligated to sell and Certain-teed shall not bo obligated to buy asbestos fibres in exoeas of 75000 tons per calendar year prorated for a portion of a year. Certaln-teed agrees to place con tracts for its requirements of asbestos fibres for each calendar year (oontraot year in the event the trade praetloe shall change) on or before sixty days before the beginning of such calendar (oontract) year. Xf Certaintoed shall have requirements in sxosss thereof to be acquired on shorter notice it shall advise TAM and TAM shall use its best efforts to fill'suoh ordors subject to existing ordoro and ooBnituents Tho porlod of this agreement shall start on tbs Closing Oats es dsflnod In ths Agreestent and shall and on such data as nay bo spoelflsd in a notloo In writing glvon by ons party to tho othsr at least two yoars prior to tho data so spsolfiod in any suoh notloo provided however that no such written notloo nay bo glvon prior to ths eighth anniversary of tho Closing Date as defined in the Agreement, Notwithstanding tho foregoing if Certcin-toed shall aoqulro a Majority interest in any asbostos nine or oinos it nay on two years' notloo in writing to T&lf request a poroontage reduction in tho portion of Certain-toad's requireuonte for csbestos fibres doslrod to bo purchased froa TAN under this agroeuont provided that the balanco of its requlrouents therefor are suppllod by suoh nine or ulnaej upon reoelpt of such notice . the first calendar (oontreet) yoar oontraet speeifled in Seotlon k hereof for the year starting after ths two years' notloo period and subsequent, years shall cover the reduced requlret.onts of Csrtaln-tssd for asbestos flbrest Certaln-teod nay give TAN subsequent two year written notlcos changing the percen tages of its requirecents for asbostos fibres it wishes to hove suppllod by TAN under this Agroeuont and frou such nine or nines TAN end Certain-toad' Mutually asroo that for so long as Cartain-tosd shall oontinue to purchaeo r.sbortoe fibres ir. accordance with tho provisions of this agroouont each vlll (subject c.o hereinafter provided) to ths extont that it is free so to do without broach of obligation to othsr parties exohange infornation with tho othor as to aethods of BOjiufaeturo of asbestos oouont plpo with 4 viow to sueh osbostoo esnont pips being conufooturod by each of thou os offlolontly and econonioelly os posslblo, Suoh exohange shall bo offoetod without payaont by either party to tho othor oxoopt to tho oxtont noeossary to reluburse to tho eooBunleatlng . porty its aetuol costs of so doing. If howovor olthor party shall beooue possossod of o basio developner.t in tho uanufaoture of asbeotes oouont pipo lnfornction in regard thereto shall only bo oornuunlonted to tho othor on suoh toms as tho parties say agree. for tho purposes of this paragraph "basio development" shall sean any prooess of canufaeture which cannot reasonably bo regarded uerely as an luprovoaent to a prooess possossod by either party at the date hereof 2jCcrtaln-tood agrees that for so long as Tilt % shall dlreotly or Indirectly be the holder of not less than 250,000 shares of Coaaon Stock of Certainteed or 10 per cent, of the total Issued Coaaon Stock of Certaln-tood at any tine whichever is the less Certain-toed will eubnit to its stockholders es noisiness of tho uonageuent for eleotion to its Board of Dlroctors two parsons noulnatod by T&II and shell use its beat endeavours to procure the eleotion of suoh psrsons as dlrootors of Certaln-tood 1,notwithstanding any othor provision hereof to the oontrary if at any time or from <iue to tine T&U is prohibited from supplying Certain-toed with its requirements o> asbestos fibres by reason of war civil oommotion lnsurreotion riots floods fire strike or any othor similar oause beyond the reasonable control of TAW, TAN shall notify In writing Certainteed whereupon Cortain-toed shall bo free to obtain Its requirements of asbostos fibres from third parties for so long oe TAN cannot fulfil such requirements. In suoh ovent TAN will not be liable to Certain-teed to any extent whatsoever for suoh failure to supply the requlreaents of Cortoln-teed Notwithstanding any other provision horeof to the contrary if at any tine or froa tine to tlae Certain-toed is prohibited frou accepting delivery or prohibited from completing the purchase of any asbestos fibres pursuant to this agreement or any calendar (contract) yoar contract or ordor entered into pursuant to this egreoaont by reason of \>cr civil commotion lnsurrootion riot flood flro protractod strlko or any othor sicll-.r causo beyond tho roasonable eontrol of Certain-teed, Certain-teed shall notify TAN In writing whereupon Cortain-toed shall be froe to suspond aooeptanoe of doliv&rios of asbestos flbros while suoh prohibitions shall continue| It Is understood that In any suoh event Certain-toed will not be liable to TAN to any oxtont vhatsoovor for failure to accept delivery of its requirements under this agreement provided that its requirenonte for tho purchase of asbestos fibres to the oxtent roqulred horeunder aro acqulrod froo TAN IN NITWSSS fHS^SO? the parties heroto have exsoutod this Agreer:ont as of the yerr and day first abovo written i * THE COI ION SSAL of TURNER _ NET TALL "liuitSD ves horounto" effixod In tho~ ^rooonco ofs- I fi. h*nl*4 5 /I JERTAIN-TEZD PRODUCTS CORPORATION 4^ r" ^ ) Ls. *"-- ']^v -I '*-------- "\ O i # 4 M*r unn mm v ft aurtiftOM Ci MWUa. **. August 21, 1962 -IT* Mr. Malcolm Meyer, President Certaln-teed Products Corporation 120 East Lancaster Avenue Ardmore, Penn. Dear Mr. Meyer: It has been brought to my attention that In the Agree ment of April 16 between Turner & Newall Ltd. and your company, the reference on Line 6 of Page 2 should read Section 18 of the agreement between your company and K&M Company and not 16 as shown. Zn order to regularize this situation, would you kindly sign the enclosed letter and return to me. i Tours veiy truly, cbbidc- C. B. Brown President. % u X agree to the correction In the main Agreement between Turner & Newall Ltd. and Certaln-teed Products Corporation altering the reference to Section 16 to Section 18. Certaln-teed Products Corporation t KM * Co/s-f rv b/?-. 6 <r; V'M.'s AC / i'.kIc t<a of tin* , i-/, ilny of / "j.'V'**. J . One Ciiouiwjul lilin* hundred n;ul aovnnty two >JLTutii-.' tan wlthiii* named TUdi.'Mi l. J,j;\.ALL I.ItilTaU ("TCM") of tlio otio port n\d the within-jvu ed Cli.KT.\lN-TBjb /'UOfcbCTS CO. '.roriATION ("Certain-tood* of tho othor part KOW XT IS H)'.iU3Y A0RE3D tv* follow* 1 TAN and Certain-tood agree that with offact from tho date hereof the period of the Agrooinont botveen Tidt and Cortoln-tee datod l6th April 1962, ohnll end on aueh date a* may bo epeelf in a notice in writing given by ono party to the other at lea* two yearo prior to the date ao specified in any such notioe providod however that no such written notleo may bo civ*** pric to lot Juno 1979 2. In nil othor respect* tho rights and obligation* of the parties shall contlnuo to ho governed by the tertn* and eondlti ef the Agreement of 16th April 1962 no thAt thio Agrooniout *ha bo construod and talce offset a* if such torma nnd oondlt.lon* w l I ropentod lioroin i IN VXTV7KSS VH'&iiSOF tho parties hereto have executed thie X. Agreomont as of tho year and day first Above writton Tho COTTON SviAL Of TC-V-rjin A NikWAI.L LIMITED wne hereunto -vaffixoti in the ores once ofid it c ^ Dlroctor* ATTESTI Sncroto ry Socrotary I# THIS AGREEHLHT i.iada as of tho >;/* day of Fofcruary, One thousand i.inc Hundred end savonty-one CUTWECt tho within-named TURNER t KLIWAEL M.'iITED of tho one part and tho vithin- named certain-teed products corporatio:; ("Cortnin-tcod*) of the othor part KCW XT XS HEREBY ACRELD as followsl 1. TIN and Cartain-tead ayrue Utat with offact from tho dato hereof tho period of the Agrocmont botwoon T4N and Cortain-tood dated IS April 1SG2, shall end on such date as maybe sped Clod In a notice in writing given by one party to thu other at least two yoars prior to the date so specified in any such notice provided however that no such vritton notice bay be glvon prior to 1 June 1977. 2. Zn all other respects the rights and obligations of the parties shall continua to be governed by the terms and condition: of the Agreement of 16 April 1962 so that this Agreement shall b< construed and take effect as if such toms and conditions vers reptatod herein. XM witness whereof the parties horoto havo executed this Agrecr.ont as of tho year and day first ebovo written. The cok*-:o:i seal of turner c ) li'Et.'AEb .MJI1VLD wan horeur.to ) affixed in tho presence oft-) Sucreicr/ vis pfodccte conjor.vrxcu r? * c THIS AGREEMENT oad u of tuittok fit A^tut On* thousand nin* hundred and sixty-eight BETWEEN the within-named TURNER & NEWALL LIMITED of the one part and tb* within-named CERTAIN-TEED PRODUCTS CORPORATION of tb* other part NOW IT IS HBHEBT AOREED as follows: 1 TAN and Certain-teed agree that with effeot from tbe date of tbla Agreement the period of the within-written Agreement shall end on suoh date as may be epeolfied in a notioe in writing given by on* party to the otber at least two years prior to tb* date so speolfled in any suoh notie* provided however that no suoh written notioe may be given prior to the thirteenth anniversary of the Closing Date as defined in tbe within-written Agreement 2. In all otber respeots tb* rights and obligations of tbe parties shall continue to be governed by the terms and oondltions of the within-written Agreement so that this Agreement shall be construed and take effeot as if suoh terms and oondltions were repeated herein IX WITNESS WHERSOP the parties hereto have executed this Agreement as of tbe year and day first above written The COMMON SEAL of TURNER A NEVALL LIMITED was hereunto 4ffixed in the presence ofr Directors Secretary *I04N40UM *. 4 Certain-teed. Products Corporation FOR AMBLER DATE 9-3-63 FROM Ardmore-Legal OFFIL- ATTENTION OF Mr. R. L. Lanz SUBJECT FIBER CONTRACT ANSWERING YOURS DICTATED BY Arthur 0. Graves: cf Enclosed Is a copy of my self explanatory letter to Turners Asbestos Fibres Limited together with our signed copy of Contract No. 33U. a^d 335 which I think you should keep with your purchasing re cords in Ambler. _ September 3* 1963 AIR MAIL Tamers Asbestos Fibres Limited Asbestos House 77/79 Fountain Street Manchester 2, England Gentlemen At the request of Mr. R. L. Lanz, our Production Manager at Ambler, Pennsylvania,we are enclosing a signed copy of Contract No 33Udated August 16, 1963 and Contract No.339 also dated August 16, 1^63 each for the sale of the asbestos fibre referred to therein. Tours very truly. 4.tKm 0- Graves Secretary ACG:df enclosures bl.cc.: R. L Lanz - Lea Bldg., Ambler, Penna.