Document pmx4Dz3ZYEw750501qQzw3v9X

1 1 8 7 a SMEAD 82 SP86278 au No. CC3 H A STIN G S. MN LO S A N G ELES-CHICAGO-LOGAN , OH MCGREGOR. TX-LOCUST GROVE. GA McCrone2-00783 --5K1 SQ OO CONFIDENTIAL McCrone2-00784 CO' u CONFIDENTIAL McCrone2-00785 98Z00-29uojqo|/\| 1VI1 N3 QUN0 0 4" S /-JL j ^ s u 0 " P ^ J- P s T ) < ^ ^ '7 O sV-yL > ^ /TP / y 5 -) K > 4 - ?'z iv y 0 SQ IP '^2 ^7? < 7 / ^ ^ > - r ^ P ~ v V s> " ^ s-o/ S p / p ^ n ^T K ^ 7 a // ' / < 1 0 / ' y - f ^ / ee ^^iff ec 7v/ )^ ^ ps // ~o j^ L ^ -o -rp ^ ^ { / l 2 ry g /a o o ^ / A ^ o s ? -- / ? / ^ 7 i/ ^ c***-r^ 5-0 ^ O c/ ^ if'? ? -ys C ^z? - '^7^2_ 7 * ^ ^ / ^ f ' ^ 4 j v , 'O ^ ~ /o r/S & / / ^ JV^v70 ^ S : <? / 7 7 ~7 T 'V"? <2_i r ^ r - (? 0 ` 0 ( ? / g /  c l G ATE-PALMOLIVE COMPANY Research and Development Division 909 Rtver Road Piseataw ay, NJ 08854 January 24, 1984 Ms Deborah Palenik McCrone Associates 2820 South Michigan Avenue Chicago, IL 60616 Dear Ms. Palenik: Enclosed are 6 samples of talc for analysis for asbestos by TEM and SAED. 14The three coded 0613BK, 1813AX and 2713EX are finished products and contain magnesium, carbonate, 1% zinc stearate and perfume as additives The remaining three S09073, A113031 and A122831 are raw material talc with no additives Please analyze these as soon as possible. A purchase order to cover costs will follow. If there are any questions, my telephone number is (201) 878-7666. Thank you. Sincerely yours, JPS:meb cc: P. A. Hunger w. Schubert Dr. J. P. Simko, Jr Sr, Section Head Analytical Department CONFIDENTIAL McCrone2-00787 CONFIDENTIAL McCrone2-00788 ORIGINAL PURCHASE ORDER D 5217-12 B IL L TO COLGATE-PALMOLIVE COMPANY^ A DELAWARE CORPORATION Jj 105 HUDSON STREET, JERSEY CITY, N.J. 07302 l v [OJ i V ie r a 1 0 .4 RECEIVED FEB t TO Colgate-Palmolive Co', 909 River Road PiSGatavray; N; J;: 08854 SHIP TO Mc-zrone associates 009 R IV E R RD. P IS C A T A W A Y . N..J. 08084 2020 South Michigan Avenue I n c a 70, Illinois 16 20 GRAND ST. J E R S E Y C IT Y . N .J. 07302 JE F F E R S O N V IL L E . IN D IA N A 471 30 K A N S A S C I T Y . K A N , 81 08 DISCOUNT TERMS SHIPPING TERMS WANTED BY 1 2 3 4 5 6 2/10 N/30 1/10 N/30 N/46 N/30 NET CASH 1 FOB Destination 2 0 FOB Shipping Pt. (Pre-Pay & Bill) See Below 3 FOB Shipping Pt. (Collect) City Matches 'Rec. Pit.' Code Sis soon as possible IF ABOVE DATE CANNOT BE MET N OTIFY 300 P A R K A V E . NEW Y O R K . N .Y . 10022 ATTN: RBCtlving Clerk YOU ARE AUTHORIZED TO FURNISH THE ARTICLES LISTED HEREON IN ACCORDANCE W ITH THE TERMS AND CONDITIONS ON THE FACE AND BACK OF T H IS ORDER. Q U A N T IT Y AND UNIT SYMBOL NUMBER PRICE ea Talc oamples for an a ly sis f o r a sb e sto s: C o st: -350*00 / ea. 2100,00 total OTE: T h is i s a or.e tim e r e q u e s t * carroles sen t unHer se o arate cover to oso Deborah balenile a t KcOrone A ssoci t e s FAXEXEMPT V EN D O R TO P R O T E C T A L L M E T A L P A R T S A G A IN ST CO RRO SIO N B Y S U IT A B L E P R O T E C T IV E S E A L IN G SELLERS INVOICES that include authorized transportation charges, must be supported by prepaid freigh copy of original bill of lading. MARK PACKAGES with purchase order number, symbol number, contents and quantity. Acceptance of order is to be deemed a certification that you have read and agreed to the terms and conditions on th back hereof. PAYMENT WILL NOT BE MADE AGAINST PRO FORMA IN VO ICE. RESERVE UNLOADING space and time for heavy loads by telephoning: 201-547-2910. COLGATEPALMOLIVE COMPANY IB CONFIDENTIAL McCrone2-00789 T E R MB AND CONDITIONS INVOICES - The Seller's invoice together with the original bills of lading or express receipts, properly signed by the carrier, shall be mailed on the day of shipment to the Purchaser. Individual invoices shall be issued for shipments applying against each purchase order. Monthly statements must be mailed as soon as possible after the first of each month. WARRANTY -- The Seller expressly warrants and agrees that there has been compliance with and no violation of any trademark rights, patent rights, copyright, or of any rule, law or regulation of the l'edera! Government or of any State or any of their respective agencies or political subdivisions, in the manufacture, production,sale and or shipment of the goods hereunder; and the Seller will indemnify and hold Purchaser harmless from any or all costs, damages, fines or expenses (including counsel fees and fees of expert witnesses) which may be incurred by the Purchaser by reason of any claim or suit arising out of the infringement of any trademark, patent right or copyright and/or by reason of any citation, claim or suit for damages and/or penalties brought against the Purchaser based upon any injuries, damages or violations resulting or claimed to have resulted from any alleged infringement or defect in such goods or ingredients or parts thereof. EQUAL EMPLOYMENT OPPORTUNITY - The Equal Employment Opportunity Clause Section 202 of Executive Order I 1246 as amended related to Equal Employment Opportunities and Implementing Rules and Regulations of the Secretary of Labor; Section 503 of the Rehabilitation Act of 1973; Section 402 of the Vietnam Era Veteran's Readjustment Assistance Act of 1974; and Executive Order 11625 relating to minority business enterprises are incorporated herein by specific reference.. CHANGES in ORDER - This order cannot be changed, modified or discharged in any manner except by agreement in writing signed by a duly authorized representative of the Purchaser. The Purchaser reserves the right to (1) make changes in the order (2) cancel all or any part of the order at any time, by notice in writing. The Purchaser shall not be responsible for cost incurred by the Seller in connection with this order, after the date of receipt of the change or cancellation notice. Unless the Seller presents to the Purchaser an itemized statement of claim against the Purchaser within twenty (20) days after the receipt of notice of such change or cancellation, the Seller shall be conclusively deemed to have waived all claims against the Purchaser with respect thereto. CANCELLATION for SELLER'S DEFAULT - Should the Seller fail (1) to effect delivery on or before the specified delivery date (s) (2) to deliver goods in all respects conforming with the requirements (3) in the due performance of each and all of the terms and conditions of this order, the Purchaser may cancel this order in whole or in part. Without prejudice to the foregoing, the Seller agrees to report promptly to the Purchaser any act or specified delays in shipment of the goods covered by this order. SPECIFICATIONS, DRAWINGS, etc. - All specifications, drawings, plans, designs, samples, or other description referred to in this order shall be deemed an integral part of this order as fully as if set out in full herein and Seller warrants that all deliveries hereunder shall conform thereto, each delivery being subject to the inspection and approval of the Purchaser, whether or not any prior payment shall have been made thereon by the Purchaser. NONCONFORMING MATERIAL - If Seller delivers defective material or material not conforming to the agreed-upon specifications, Purchaser may (1) hold such material at Seller's expense pending instructions as to disposal, (2) return it to Seller at Seller's expense, or (3) utilize it in the form received or after up-grading or other operations are performed on it, or utilize it in a different manner or in different proportions with other products than was intended, and Seller will be liable for any diminution in the value to Purchaser of the material and for any incidental or other damages suffered by Purchaser resulting from such defectiveness or nonconformity. No replacement of defective or nonconforming material will be made by Seller unless authorized by Purchaser. PACKING - The Purchaser will allow no charges for boxing, packaging or crating unless by written agreement. Material must be packed, shipped and billed in conformity to classification requirements necessary to secure minimum freight rates. OUR COUNT - The Purchaser's count will be accepted as final and conclusive on all shipments not accompanied by a packing ticket. LIABILITY for DAMAGES - Whenever Seller shall, by virtue hereof, have property of the Purchaser in its possession, the Seller shall be deemed an insurer thereof and shall be responsible for its safe return to the Purchaser. ASSIGNMENT - This order shall not be assigned or transferred without prior written consent of the Purchaser. WAIVER - Purchaser shall not be deemed to have waived any of its rights hereunder unless such waiver shall have been signedby aduly authorized representative of the Purchaser. No such waiver, unless expressly stated therein, shall be effective as toany delivery or other transaction which occurs subsequent to the date of the waiver, nor as to any continuance of a default after such date. D E L IV E R Y INSTRUCTIONS A SHIPPERS M AN IFEST Is provided for each load and must accompany each shipment. R E S E R V E UNLOADING SPACE AND TIM E by telephoning 201-547-2910. JERSEY CITY RAIL D ELIVERIES JEFFERSO N V ILLE RAIL D ELIVERIES KANSAS CITY RA IL D ELIV ERIES B ER K ELEY RA IL D ELIVERIES - Private siding on C O N R A IL Use only 40' 6" cars. Private siding on C O N RA IL or B A LTIM O R E & OHIO R A ILR O A D . Private siding on KANSAS C IT Y SO U TH ERN R A ILR O A D CO. Private siding on SO U TH ERN P A C IFIC R A ILR O A D . CONFIDENTIAL McCrone2-00790 CONFIDENTIAL McCrone2-00791 INS RUCTIONS POR USE O f EXEMPT? USE CERTIFICATES I Good Foith I" genero!, o vendor ho accepts on oKOfnplian certificate in "good foith" is relieved of liability lor collection or payment of tax upon transactions covered by the certificate. Ihe question of "good faith" i orto of fact end depend upon a consideration ot ail the conditions surrounding the transaction. A vendor is presumed to be familiar with Hm M * lita regul a- fions pertinent to the business in which he deals. In order ior "good faith" to be established, the following conditions must be met (a) The certificate must contain no statement or entry which the vendor knows, or has reason to know, is false or mis leading. (bj The certificate must be on officially promulgated certificate form or o substantial and proper r production thereof. (c) The certificate must be dated and executed in accordance with the published instructions, and bsust complete and regular in e ry ivapeet. ' The vendor may, therefore, accept this ' good faith" Exempt Use Certificate on a basis for exempting salewto th signatory pur chaser provided that- (d) The purchaser s Certificate of Authority number, mdicoting that the purchaser is. registered with the New Jersey Division of Taxation, is entered on the toce of the Certificate. (e) The purchaser has ent redsall other information required an the form. (f) The vendor has no reason to believe that the property to be purchased is of a type not ordinarily used in the purchaser's business for the purpose described in this Certificate. 2. tmpro r C o d ifcate --Sales transactions which ore not supported by properly oxocuiod exemption certificates shall be deemed to be taxable retail sales The buidon of proof thot the tax was not required to be collected is upon the vendor. 3. Correction of Certificate In general, vendors have 60 days ofter date of sale to obtain a correctedc ` cate where the original certificate lacks material information required to be set forth in said certifico or where such information is incorrectly stated > 4 . Additional Parcha bySame Purchaser -- This Certificate will servo to c o r additional purchases byotho me purchaser of the same general typo of property. However, ooch subsequent'sales slip or purchase invoice based on this Certificate must ' show the purchaser's name, address and Certificate of Authority number for purposes of verification. 5. Retention of Certificates Certificles must be retained by the vendor for o period of not less than throe' years from the date of the last sale covered by the certificate.Cwjifeetes must be in the physical possession of the vendor and available for in spection on or before the 60th day following th dale 6f the transaction to which the certificate relotes. 6. The most common exempt uses for which the Exempt Use Certificte (Form ST-4) it applicable oie Ihe following: Soles of machinery, apparatus or equipment for use or consumption directly and primarily in the produqfioo, ration, transmission or distribution of gas. electricity, refrigeration, steam or water for sole or in the operation of sewerage systems. IN J.S.A 54:32B-8 (m) (2)| Sales of tangible personal property purchased for use or consumption directly and exclusively-in research and development in the experimental or laboratory sense. Such rcseorch and development shall not bo deemed to include the ordinary testing or inspection of materials or products for quality control, efficiency surveys, management studies, consumer surveys, advertising, promotions or research in connection with literary, historical or similar projects. |N J S. A 54:328-8 (n)| Soles or use of wrapping paper, wrapping twine, bogs, cartons, tope, rope, iobels, nonreturnoble containers, reusable milk containers and ail other wrapping supplies when such use is incidental to Ihe delivery of personal property which hos been sold |N J S A 54 32B-8 (o)| Sales of materials, such os chemicals and cotafysts, used to induce or couse <j refining or chemical process, whore such materials ore on integro! or essenfiol part of the processing operation, but do not become o component port of the finished Ora duct IN J S 54:398-8 (t)| The sole of advertising molerais lo be published ir, a newspaper /N J S A 54 -8 fee)) The use of property for market sampling by the puncho Mir. |N J. 5 A 54 328 I I (4 , REPRODUCTION O F EXEMPT USE CERTIFICATE FORMS- Private reproduction of Exempt Use Certificates may be made without the prior permission of the Division of Taxation. CONFIDENTIAL McCrone2-00792