Document yp6dk0kE7djYX0YmpD3Z7LYQr

Nat io n al Lead Co mpan y Cleveland Branch -- Paint Division AUG 3 0 1963 J. B. H. CHARLES B. WINSLOW, Manager JOHN J. MASON. Trade Sales Manager Cleveland 13, Ohio August 29, 1963 fflr. Thomas P. fflesick Assistant Sacretary National Lead Company 111 Broadway New York 6, New York Res Wheeler's Paints 115 West Ohio Street Pittsburgh, Pennsylvania Dear lYlr. IYIb sick: Enclosed please find for your files as requested by Mr. Specht two copies of the original signed Franchise for the subject concerned. A few words of explanation in this case may be in order for your evaluation. Wheeler's Paints located on 115 West Ohio Street, announced on or about July of 1962, their intentions to move their place of business to about 504 East Ohio Street. This change would put them approxi mately eight doors or so away from one of our other accounts, Ray monds Paint Supply, 524 East Ohio Street. This confronted us with a rather serious distribution situation. To solve this distribution pattern, we cancelled both accounts. Franchising the (flasterwork Paint Company whose main store is located at 6247 Broad Street, Pittsburgh, Pennsylvania with Branch stores at the below listed"locations: Oflasterwork Paint Company 648 Washington Road IY!t. Lebanon Masterwork Paint Company 4058 Clairton Blvd. Brentwood NU000041518 N 27347 -2- (*) fflastermork Paint Company 728 East Ohio Street Pittsburgh, Pa. Mastermork Paint Company 11643 Penn Hills Drive Penn Hills Shopping Center Pittsburgh, Pa. With this arrangement me mere able to maintain uihat, in our judge ment, appears to be a much more satisfactory distribution pattern for Dutch 8oy Paints in the greater Pittsburgh area. It is our understanding, that at this time, 11/heeler`s are presently stocking products in their nem location and should be ready to do business uiithin the next 30 days. If me can be of further assistance in this matter, please advise. / / i/ < Yours truly. Charles B. IKinslom CBUZ/deh Enc. WL 000041519 v *> /'mle4 Iiim i, (Ml 1 Na t io n a l Lk a d Co mp a n y DUPLICATE l)l:Al.fR SIORL FRANC HlSli Na t io n a l Li ad C o mp a n y , a New Jersey Corporation (hereinafter called the "Ma n u f a c t u r e r "), through its Sm ImI, 1 I* OMi Branch, with office at * herein constitutes and appoints m ttolt CM* ttml (Street) riMMi 1* (City) FdWMMiMi (Slate) ^hereinafter called the "De a l e r "), as a directly enfranchised dealer ft>r the sale of "DUTCH BOY" BLUE & WHITE LABEL PAINTS ami PAINT PRODUCTS at the above address. Upon acceptance of this appointment by both parties, the Ma n u i At i i r f r agrees to: 1. Supply point of sale displays and other localized advertising ma terial identifying the Deal er with national "DUTCH BOY" advertising. 2. Provide aggressive and local sales support in cooperation with the Dmu r 's own efforts to build a steadily increasing volume of sales ot said Bl.U: & WHITE. PRODUCTS for and through the Di a l ! k 3. Manufacture and distnbute only the uniformly highest quality products fur sale under its jealously guarded "DUTCH BOY" trade man.. N 27347.01 NL 000041520 4. Cooperate with the De a i er for the maintenance of the highest standards in the conduct of safes to the general public, as well as the highest efficiency in the service to be rendered to the purchas ing public. 5. Give the De a l e r prompt and efficient service and cooperation, to the end that it may faithfully serve the De a l e r and shall promptly notify the De a l e r of all letters of inquiry for its BLUE & WHITE LABEL products that it may receive from the De a i e r 's territory. In consideration of the FRANCHISE herein conferred, the De a l e r agrees: 1. That the designation and appointment hereby conferred shall be limited to the right of the De a i l r to market die Ma n u f ac t u r e r 's BLUE & WHITE LABEL products only as a retailer to the consuming public in accordance with the terms and condi tions hereof and does not confer any right to market the Ma n u f a c t u r e r 's said products as a wholesaler or jobber for resale to the consuming public by another. 2. That this designation and appointment shall he personal to the De a l e r and no right or interest herein shall be assignable either by the De a l e r or by operation of lav.. 3. To cooperate with the Ma mi a c t i r f r in its sales promotion policy and advertising of "Dl TCH BOY" PAINTS in accordance with the provisions of Schedule "A" hereof 4. To secure as rapidly as possible the most widespread sale and distribution of the Ma n u f ac t u r e r 's said products to the end that the same will be readily available to the consuming public. 5 That in promoting the sale and distribution of the Ma n u f ac n r i k s said products, Di ai er . at all times, will conform to the insiructions and recommendations of the Ma mu a<rirRER with respect to the use of said products so as to insure the most efficient and economic use thereof. POLICIES AND GENERAL INFORMATION In order to insure the rendering of prompt and efficient service by the Ma n u f ac t u r e r and to facilitate the handling of orders submitted by the De a l e r , the fol lowing policies and principles shall govern the sale of "DUTCH BOY" BLUE <6 WHITE LABEL. PAINTS and PAINT PRODUCTS pursuant to this appoint ment: NL 000041521 RETURNED GOODS: No products may be returned for any reason without the express approval of the Division or Branch Office. On products so returned, the Ma n u f a c t u r er will issue credit to the De a l e r on the basis of the original purchase price less ten per cent (10% ) handling, provided, however, that the products aire undamaged. In the event the products are damaged, credit will be allowed on the basis of the true value thereof to the Ma n u f a c t u r er . The De a l e r will pay transportation costs on all products returned by it, provided, however, that if the return is caused try an error on the part of the Ma n u f a c t u r e r , then, in that event, full credit, based on the original purchase price, plus transportation costs, will be allowed. (GOODS DAMAGED IN TRANSIT: In the event products are damaged in transit, prompt notice should be given by the De a l e r to the Ma n u f ac t u r e r 's Division or Branch Office from which the purchase was made together with the following information; 1. A copy of the inspection or damage report containing all perti nent facts, made by the transportation company, signed by the inspector, setting forth the name of the company. 2. Invoke in triplicate, directed to the Ma n u f a c t u r e r 's Division or Branch Office setting forth actual loss suffered by the De a l er . 3. Complete information concerning the loss in question, with at tached delivery freight bill. GENERAL: 1. Shortages or errors in billing must be reported within ten (JO) days frotn receipt of shipment to secure adjustment. 2. The manufacture, sale, and delivery of the Ma n u f a c t u r e r 's products are contingent upon strikes, riots, fires, acts of God, labor troubles, or any other causes beyond its control: consequently, the Ma n u f ac t u r e r reserves the right to cancel orders for undelivered products because of any of the above-mentioned causes. 3. Inasmuch as many feature* beyond the control of foe Ma n u f a c t u r er are in1 voived in the use and application of its products, such as, method of application, experience of workmen, climatic and surface conditions, the Ma n u f a c t u r e r cannot and does not warrant or guarantee the performance of its products on any job. PRICES: Prices and terins of sale to the De a l e r for the Ma n u f a c t u r e r 's BLUE & WHITE LABEL PRODUCTS shall be governed by the "DUTCH BOY" Price Lists of said products, which shall be published by the Ma n u f ac t u r er . The Ma n u f ac t u r e r reserves the right, at any time without notice, to amend, alter and/or change the price lists which it shall publish pursuant hereto. TERMINATION: Either party to this agreement, by written notice to the other, may at any time terminate this agreement. IN WITNESS WHERROF, the parties hereto have caused these presents to be duly executed this 20 day of itlay , 19 62 U/heeler's Paints Inc. Om/fr'i Name NATIONAL LEAD COMPANY Cleveland James A. Rauch U.P. Signature Title Charles B. Winslow Manager Signature Title NOTE: Original signature did not come off on copy. hIL 000041522 `Or SCHEDULE "A" The Deal er egrets to cooperate with the Man u f ac t u r er in advertising "DUTCH BOY" BLUE It WHITE LABEL PAINTS and PAINT PRODUCTS on the hash preacribed behnt: 1. Identify his premises as a "place to purchase" "DUTCH BOY* BLUE * WHITE PRODUCTS by continuously and prominently displaying such sign or signs* as the Man u f ac t u r e* shall make available to him for this purpose. 2. Use window displays, store signs, counter displays, booklets, folders, and all other sales helps in accordance with Man il a * ruRta's suggestions. 3. Accept the following conditions as applying to all 50-50 cooperative advertising: (a) The Deal er shall be entitled to an advertising allowance for the calendar year act to exceed 2% of his annual purchases of "DUTCH BOY" BLUE ft WHITE PRODUCTS. Up to the limit of this allowance the Man u f ac t u r er will pay half the Deai Fit's advertising costs in accordance with the stated terms of the current Cooperative Advertising Agreement provided such agreement is properly signed by both parties. (b) Acceptable media for cooperative advertising includes only such media ex pressly approved in said agreement and excludes all other media unless the De a l e r has the written consent of the Ma n u f ac t u r e r . (c) Methods of payment and similar details will be those stated in the said cooperative advertising agreement NL 000041523  4? *%* \c* June I, 19f.l --* '4 N A1IONAI LKAF* eA!:P.A^. DUPLICATE _A PAINTS TWAINi'AK* r. U * I*AT Off. DtALFR MORh FRANCHISE Na t io n m 1 i vn Co mp an y , a New Jersey C or p< nation (hereinafter mailed the `Ma n u i AC iu r e r "), through Its am IS, Ml Branch, with office at hereby constitutes and appoints Vkf felt CM* KIPMl i Street) (C.t>) (State) ^(hereinafter called the "De a l e r "), as a directly enfranchised dealer for the sale of `"DUTCH BOY" BLUH. & WHIT E LABEL PAINTS and PAINT' PRODUCTS at the above address. Upon iii.i ptaiice } (I ;s ap'poiii!;!i(T,i > | . itu... i he M \si i it n k,- k agrees to: 1 SuppK point of .ale display. and other hxali/ed advertising ma terial idcntihing da* Di ti i k with n,,it uniat "DUTCH BOY" adseM.sine. 2. Provide aggressisc . ni.i . s..i saK sjpjs'tt >pv! ution with the De a l e r 's own ci!o:t i- ;u: id a h increasing volume of sales of said BLUE: &. \WiITf PRODUC T S for and through the De a l e r . T. Manufacture and disuihui. 'in. 'C- amlotmK highest quality products for sale under it k m;, ush guaided "DU CC H BOY" trade mark. N 27347.02 NL 000041524 4. Cooperate with the De ai er for the maintenance of the highest standards in the conduct of sales to the genera! public, as well as the highest efficiency in the service to be rendered to the purchas ing public. 5. Give the Deal er prompt and efficient service and cooperation, to the end that it may faithfully serve the De a l e r and shall promptly notify the Deal er of all letters of inquiry for its BLUE A WHITE LABEL products that it may receive from the De al er 's territory. In consideration of the FRANCHISE herein conferred, the De a l e r agrees: 1. That the designation and appointment hereby conferred shall be limited to the right of the De a l e r to market the Ma n u f a c t u r er 's BLUE & WHITE LABEL products only as a' retailer to the consuming public in accordance with the terms and condi tions hereof and does not confer any right to market the Ma n u f ac t u r er 's said products as a wholesaler or jobber for resale to the consuming public by another. 2. That this designation and appointment shall be personal to the Deal er and no right or interest herein shall be assignable dither by the De a l e r or by operation of law. 3. To cooperate with the Ma n u f a c t u r e r in its sales promotion policy and advertising of "DUTCH BOY" PAINTS in accordance with the provisions of Schedule "A" hereof. 4. To secure as rapidly as possible the most widespread sale and distribution of the VUn u i a c t u r i r 's said products to the end that the same will be readily available to the consuming public. 5. That in promoting the sale and distribution of the Ma n u f a c t u r e r 's said products. De a i f r , at all times, will conform to the instructions and recommendations of the Ma n u f a( ruRER with respect to the use of said products so as to insure the most efficient and economic use thereof POLICIES AND GENERAL INFORMATION In order to insure the rendering of prompt am! efficient service by the Ma n u f a c t u r er and to facilitate the handling of ordeis submitted by the De al er , the fol lowing policies and principles shall govern the sale of DUTC H BOY" BLUE A WHITE LABEL PAINTS and PAINT PRuDUt TS pursuant to this appoint ment: NL 000041525 RETURNED GOODS: No products may be returned for any reason without the express approval of the Division or Branch Office. On products so returned, the Ma n u f ac t u r e r will issue credit to the De a l e r on the basis of the original purchase price leas ten per cent (109c) handling, provided, however, that the products are undamaged. In the event the products are damaged, credit will be allowed on the basis of the true value thereof to the Ma n u f ac t u r er . The De a l e r will pay transportation costs on all products returned by it, provided, however, that if tbs return ; caused by an error on the part of the Ma n u f ac t u r er , then, in that event, Mil credit, based on die original purchase price, plus transportation costa, will be allowed. GOODS DAMAGED IN TRANSIT: In the event products are dmgwri hi transit, prompt notice should be given by the De a l e r to the Ma n u f ac t u r ir 'i Division or Branch Office from which the purchase was made together with the following information: 1. A copy of the inspection or damage report containing all perti nent facts, made by the transportation company, signed by the inspector, setting forth the name *t the company. 2. Invoice in triplicate, directed to the Ma n u f a i iu r e r 's Division or Branch Office setting forth actual loss suffered by the De a l e r . 3. Complete information concerning die loss in question, with at tached delivery freight bill. GENERAL: 1. Shortages or errors in billing must be reported within ten (10) days from receipt of shipment to secure adjustment. 2. The manufacture, sale, and delivery of the Ma n u f a c t u r er 's products are contingent upon strikes, riots, fires, acts of God, labor troubles, or any other causes beyond its control: consequently, the Ma n u f ac t u r e r reserves the right to cancel orders for undelivered products because of any of the above-mentioned causes. 3. Inasmuch as many features beyond the control of the Ma n u f a c t u r e r are in* volved in the use and application of its products, such as. method of application, experience of workmen, climatic and surface conditions, the Ma n u f a c t u r e r cannot and does not warrant or guarantee the performance of its products on any job. PRICES!: Prices and terms of sale to the De a l e r for the Ma n u f ac t u r e r 's BLUE & WHITE 1 ABEL PRODUCTS shall be governed by the "DUTCH BOY" Price Lists of said products, which shall be published by the Ma n u f a c t u r e r . The Ma n u f a< t u r e r reserves the right, .at any time without notice, to amend, alter and/or change the price lists which it shall publish pursuant hereto. TERMINATION: Either party to this agreement, by written notice to the other, may at any time terminate this agreement. IN WITNESS WHERfeOF, the parties hereto have caused these presents to be duly exec uted this day of ,19 Wheeler's Paints Inc, OttsUr s James A. Rau%h NATIONAL LEAD COMPANY Cleveland Charles B. Winslow Branch Title Manager Signature Title MOTE: Original signature did not come off on copy. NL 000041526 SCHEDULE "A" / Ttte4>BAiFK agrees to cooperate with the Ma m s-a c h h er in advertising 'DUTCH BOY" BLUE & WHITE LABEL PAINTS and PAINT PRODUCTS on the basis prescribed below: ` t. l^^W^hfisaris a^pleg^> porchise" "OOTCFTBOY'-BTUE* WHITE PRODUCT*! by continuously and prominently displaying such sign or signs as the Ma n u f a c t u r e r shall make available to hint for this purpose. 2. Use window 'displays, store sign-*, counter displays, booklets, folders, and all other sales helps m .iccon! iitsc with Ma m i a i k r ir 's suggestions. 3. Accept the following conditions as applying to all 50-50 eiHsperativc advertising: (at The Di ai er 'lull 1h .ntitli-d to an .ldveitising llmvance for the calendar year not ;o c , s v ' . I la- autia.il piu^Ea-C' -t i>l It H BOY" BLUE & VS H! 11 I'Kt lit < IS t p to the lim: . f tlus . . tin.- Vf v m e a c - It ME Will p. \ f ,-sfl It! M I K V iilveftisn : cOsL it .In' 'lili'i'.' u ilh the I stated tennis ot the eurient I'nopci.ttivc Adwrusia. Agnenicnt piovidcd such agii. m. nt is p ijvrly signal n Kith parties lb) Acceptable media foi . oopeintive advertising includes ndv aidi m du ex- piessty approved in ' id icueru.nl arid . 'eludes all other radii ,ess ihe Di At! R his the written consent ot the Ma m r u u r ik {ci Methods esf payment and similar dttails will Iv those stated in liie said cooperative advertising agreement f>*~ \ v ML 000041527