Document RzqaYv71kJ28jpyn9jLRp4xz

ca 200 REV. 11-65 lutul "UWIIOLI QATC i- pmpAib on d*ujt<W. HS/RmS" euvtAY r o. a Monsanto COMPANY curroMorv omo&nfa. Defendant's Exhibit No. 515 INVOICE OAT* WATER PCB-SD0000002898 V` t 2-f r ,v^ Cs ; v' . a v O3 .**'.- >%o. >i - -j . c r * i r * i sV ^ J* Unless otherwise agreed It Is .understood the product herein specified is for consumption in tha continental United States of America. ZT Deliveries may bo suspended By eliHer party ` in 'casa ofAce oFGod, war, riots,'fire, explosion, flood, strike, lockout, Intunctian, tnebility to obtain fuoi, power, rawmctcriaU, lobor, containers, or transportation facilities^ accident, breakage ---of machinery er apgcrovc, national aofense requirements,- or any reuse beyond the control of either party, preventing the manufacture, shipment, acceptance, or ca.nsurr.pKcn ora :,iipmer.r of tho product or cf a r.taieriai upon which Ihe ___manufccture of the product of this order is dependent, if, bccauseof cay such circumstance, Seiler is unable to supply the total demand far the product! Seller may allocate its cr.jhabia -tucpi/ among a"'o; its customers and itself in an __ equitable manner. Such ds'.ivoriesjosuspcndedshdlbecancclicd without iicbi!i!yLbut (he order shall otherwise remain vnaffcctcdi .. - . 3. In the case of bult carloccf, tank car, or tank truck shipments, shipper's weights shall govern. 4. Where shipment requires usa by Sollsrofccrboys,drums, barrels or other ret-jrnabls containers, title to such containers shall rerrtcin rn Sohar end a ae*>osif in tl-.n amount required bv Seller must ba medo atthc time the product is paid for lo insure ihe return er->* tuniainer -to paint ct shipir.aat. Su-cn container must be f-.-jpt In good condition and may not be used for any Tr.etsrtd etner than that shipped therein and must be returned within sixty (60/ days from date of ship ment. I. C. C. regulations require that empty drums must have rilling and vent holes properly closed and empty carboys must be thoroughly (completely) drained. On such containers ceing so returned in good condition, a rafund of the de posit will be mode. 5. Seller makes no warranty or representation of any kind, express or implied, v.lih respect lo any product sold hereunder __ except_as provided ta.Condition 9 hereof. Seller shell not be i.'oblefor, end Buyer assumes responsibility for, risk of loss or dome: - i rsr.if.rr; V'*"Wt''oba.*d;;.n-, 'rise 'rn or u-o ct :ho product, v. rthir a'erse er fcV combination wiih other substances. Clcims on esccuntcf we:ght, quality, loss af or demogs to tha product shell bo mads in writing as promptly as possible. Seller's I'cbillly for locoes cr dzrr.r-zz from c!! ct":c; :l*!I in no evert exceed tlr* purchase priceof the particular del: t cry vuh rcrscct ;o \:h ouch lc::ss cr dame-:: era c'rimer plus cr.y transportation charges paid by Buyer, Unless otherwise specified, Sellar's cianccrd spscilioofons for quality shall govern. Trcncportation charges for returned roods shall rot to paid by Seller unless cuthcrlcod by Seller. 6. Any increase in freight rotes paid Icy Scllerort shipments covered by this order, may, at Seller's option, be added to the price of the product chirped under Ihic order. , 7. Any tax or governmentalchore? orinercase in same hereafter fcossnina effective increasing the cost to Seller of produc ing, selling, cr do!;'- erinq 'h-* product or cf procuring rrstariol: u::d therein, end -n-f tor. now in effect or increase in same payable by the Sel;c. .:causa of tha sola of .he r.rocuct, such cc Sclcc To::, _ .; Tax, Retailer's Occupational lax. Gross Receipts Tax, may, ot Seder's option, be added to the price heroin specified. 8. Seller rszzrvn *bo r:~ht, cm.erg other rcrr.crhrs, ci'h*.- term --`z tV: o-d-r cr to svrooid fur'hor deliveries under it in the event Buyer foils to pay for any one shipment when sc; s become; due. Should Buyer's financial responsibility become unsatisfactory to Seller, cash peymonts or satisfactory : curity may be required by Seller. 9. Seller warrants t'ict cny product sold pyrsuont to this order, cncccf c; Is mode specifically far Buyer cccordir.g to Buyer's specificctions, dees rot infringe any velid U.S. patent. This warranty is given upon the condition that Buyer promptly notify Sellar cf any claim or suit Involving Buyer in which such infringement is alleged, and, if Seller is effected, that Buyer permit Sellar to control completely Shed cfon ;o or corrpro--iso of my such allegation cf infrinq ament. Sellar does not warrant that the use of any product sold hereunder, or articles metis therefrom, either alone or in con)unction with other materials, will not infringe a patent. 10. In case of breakage or loss in transit, have nototion of same mado on expense bill before paying freight, 11. Because of the conditions Involved In Ihe manufacture of plastic mataricls, where an order calls for a product to be made up specially for Buyer: . (1) A delivery of 9054 oRhe order will be considered a complete fulfillment of tho order. (2) In ccsc cf an ovrr-run, Seller may deliver and Buyer will accept any such excess up to I OS of the order, but not ___ __more then l,CS3pcunds.________________ ________ _________ _____ _______,,_________________ 12, Orders tor products to bo moda specially for Buyer and nui uuslcmartly carried, in sic:!; by (ho Seller, con be cancelled by the Buyer only lo ihe extent of that portion not already in the grocer; of manur'oclvrc ot the turn of cancellation, and the price per pound applicable la that portion in tho process of manufacture v.-ill bo Seller's regular scheduled price in effect at time of cancellation. 13. Tho material covered by this Invoice is warranted lo have been produced compliance with tho requirements of the Fair Labor Standards Act of 1938, and with all omondments thereto. WATER_PCB-SD0000002899