Document pp6a3qkQgNrrOOKED27DDjpRk

Monsanto CUSTOMER S ORDER NO. 2065 MONSANTO COMPANY ST. LOUIS, MISSOURI 63166 INVOICE DUPLICATE DATE ENTERED DATE SHIPPED INVOICE DATE INVOICE NO. 04--10-72 1 04-10-72 1 04-10-72 I 14-04-41051 MGEN MACHINE WORKS 9425 SO. NORWALK 8LV0. SANTA FE SPR 1NGS CALIF 9C67C PAYMENT ^ PLEASE MAKE CHECKS PAYABLE TO: MONSANTO COMPANY MAIL TO P.O. BOX LISTED BELOW MQEN MACHINE WORKS 9425 SO. NORWALK 6LV0. SANTA FE SPR INGS,CALIF. 9067C MONSANTO COMPANY BOX 3248 SAN FRANC!SCC CALIFORNIA 94119 PPD OR COLLECT DELIVERY F.O.B. TERMS OF PAYMENT MAIL INQUIRIES V ......... ?Q............. y Cwtomor Ssrvk* Csntsr St. Louia MONSANTO ININI DUSTRIAL CHEMICALS CO. Si. lowii) Minoufi 63166 SHIPPER NO. PPO SHIPPED FROM AS INDICATED BELOW NET 30 DAYS CAR NO./TT CARRIER CUSTOMER SERVICE REPRESENTATIVE 4899688 LOS ANGELES CA ALL0RE0GE . DESCRIPTION. PRICE & UNIT 2 54 GL METAL DRUM PYQRAUL 312-A At 6761-313-1 7-0CG1-47-C1-S-QU57A FOB SI. LOUIS MO MINIMUM FREIGHT ALLOWEO ice.oo gl| 2.85C0 1 * GOO.00 LBl AMOUNT 307.8Q w PAGE l 307.ac y DSW 419513 TERMS AND CONDITIONS: NOTWITHSTANDING ANY INCONSISTENT OR ADDITIONAL TERMS THAT MAY BE EMBODIED IN YOUR PURCHASE ORDER. WE ACCEPT YOUR ORDER, SUBJECT ONLY TO THE TERMS OF THE WRITTEN CONTRACT BETWEEN US UNDER WHICH YOUR ORDER IS PLACED. IP NO SUCH CONTRACT EXISTS, WE ACCEPT YOUR ORDER ONLY ON THE EXPRESS CONDITION THAT.YOU ASSENT TO THE TERMS CONTAINED ABOVE AND ON THE REVERSE SIDE HEREOF. AND YOUR ACCEPTANCE AND RECEIPT OF THE GOODS SHIPPED HEREUNDER SHALL CONSTITUTE ASSENT TO SUCH TERMS. STLCOPCB4102404 * -fc. t . % ' ? i *.K. ta J *. U . V J.f .'i*,,..*,4.f CTV'fi "'tu.: i TERMS AND CONDITIONS 1. FORCE MAJEURE. Deliveries may be suspended by either party in case of Act of God, war, riots, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, raw materials, labor, containers, or transportation facilities, accident, breakage of machinery or apparatus, national defense requirements, or any cause beyond the control of such party, preventing the manufacture, shipment, acceptance, or consumption of a shipment of the goods or of a material upon which the manufacture of the goods is dependent. If, because of any such circumstance, Seller is unable fo supply the total demand for the goods, Seller may allocate ils available supply among itself and all of its customers, including those not under contract, in an equitable manner. Such deliveries so suspended shall be cancelled without liability, but the contract shall otherwise remain unaffected, , .. - . D 2. BUYER'S CREDIT. Seller reserves the right, among other remedies, either to terminate this contract or^ to suspend further deliveries under it in the event Buyer fails to pay for any one shipment when same becomes due. Should Buyer's financial responsibility become unsatisfactory to Seller, cash payments or satisfactory security may be required by Seller for future deliveries and for goods theretofore delivered. 3. WEIGHTS AND CONTAINERS. In the case of bulk carload, tank car, or tank truck shipments, shipper's weights shall govern. Where shipment requires use by Seller of carboys, drums, barrels or other returnable containers, title to such containers shall remain in Seller and a deposit in the amount required by Seller must be made at the time the goods are paid for. Such container must be kept in good condition and may not be used for any material other than that shipped therein and must be returned within sixty (60) days from date of shipment. On such containers being so returned in good condition, a refund of the deposit will be made. . .\ 4. SHIPMENTS. The quantity shipped in any contract month may be limited by Seller to either: (a) the average of the monthly quantities ordered by Buyer her-eunder for the preceding contract months, or (b) the maximum quantify covered by this contract divided by the number of months in the contract period. Seller shall not be bound to tender delivery of any quan tities for which Buyer has not given shipping instructions. 5. WARRANTY. Unless otherwise provided herein, Seller warrants title and that all goods sold hereunder shall conform to Seller's standard specifications. Subject to the preceding sentence and except as otherwise expressly stated herein, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO .MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO THE GOODS, whether used qlone or in combination with other substances. Seller shall not be liable for, and Buyer assumes responsibility for, all personal injury and property damage resulting from the handling, possession or use of the goods by Buyer. 6. LIMIT OF LIABILITY. All claims for alleged defective goods, shortage or other cause shall be deemed waived unless made in writing and received by Seller within fifteen (15) days after Buyer learns of the alleged defect, but in no event later than sixty (60) days after Buyer's receipt of the goods. Buyer's exclusive remedy shall be for damages, subject, however, to Buyer's agreement that for any and all losses or damages resulting from any cause whatsoever including alleged defective or damaged goods, Seller's liability shall in no event exceed the purchase price thereof, or at the election of Seller, the repair or replacement of such defective or damaged goods. In no event shall Seller be liable for incidental or consequential damages. Transportation charges for the return of goods shall not be paid unless authorized in advance by Seller. 7. PATENTS. Seller warrants that any goods sold pursuant to this contract, except as are made specifically for Buyer according to Buyer's specifications, do not infringe any valid U.S. patent. This warranty is given upon condition that Buyer promptly notify Seller of any claim or suit involving Buyer in which such infringement is alleged, and if Seller is affected, that Buyer permit Seller to control completely the defense or compromise of any such allegation of infringement. Seller does not warrant that the use of any goods sold hereunder, or articles made therefrom, either alone or in conjunction with other materials, will not infringe a patent. 8. FREIGHT - TAXES. Any increase in freight rates paid by Seller on shipments covered by this contract and any tax or govern mental charge or increase in same hereafter becoming effective increasing the cost to Seller of producing, selling, or delivering the goods or of procuring materials used therein, and any tax now in effect or increase in same payable by the Seller becouse of the sale of the goods, such as Sales Tax, Use Tax, Retailer's Occupational Tax, Gross Receipts Tax, may, at Seller's option, be added to the price herein specified. 9. LOSS IN TRANSIT. In case of breakage or loss in transit, Buyer shall have notation of same made on expense bill before paying freight. 10. PLASTIC MATERIALS. Because of the conditions involved in the manufacture of plastic materials, where an order calls for a product to be made up specially for Buyer: (1) A delivery of not less than 90% of the order will be considered a complete fulfillment of the order. (2) In case of an over-run, Seller may deliver and Buyer will accept any such excess up to 10% of the order, but not more than 1,000 pounds. I I. FAIR LABOR STANDARDS ACT. The material covered hereunder is warranted to have been produced in compliance with the requirements of the Fair Labor Standards Act of 1938, and with all amendments thereto.. . I 2. MISCELLANEOUS. This contract is to be construed according to the laws of the State of Missouri. This document constitutes the full understanding of the parties, and no terms, conditions, understanding or agreement purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by the party to be bound. DSW 419514 ? 1 i: ; r STLCOPCB4102405