HomeMy WebLinkAboutTidewater Oil Company - 1960-02-16 {
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GAS66AE CONTRACT FOR GOVERNMENTAL IdENCiES
i This contract was made the 28th day of Jantta.ry _f i9 po bet:�een
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TIDEWATEP OIL COMPANY, o Delaware corporation, hereinafter called "5eller' and
%i.ty of Hunting cacti BQaCh __C..A.U�_
NAME IND ADDRESS
hereinafter called 'Buyer." +`y4
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WITNESSETH :
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' 1. -TERM AND UUANTITf: Seller %hail sell and deliver to Buyer and BBuyer shall purchase and i
to"( from Seller, into Buyer's bulk storage facilities at
at at othor points to which Seller regularly makes truck deliveries, of Buyer's requirements
of gasoline: for consumption and not far resole, during the period from the_J&;1'ay of. FeblLva7sy
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19 to the 15-th day of February 19 11 . Seller shall have the,right at its option i
to terminate this contract without notice if Buyer resells a: offers for resale any of said gasolln.s Of
breaches any of the provisions hereof or during any th;rty (30) day period hereof purchases hareunder less 1
than one hundred (100) guilanr of gasoline. Seller shall not be obligated, except at its option, to sell or
deliver hereunder during any calendar month gasoline in excery of 9• Q00 _gallons. �
-ell 2. PRODUCTS: The products covered by this contract are Sellers Flying A Gusaline and Flying A
l00+RXPCXB0WGosolina. provided, however, that Seller may of any time discontinue the sale of any brand or z '
grade of gasoline, either gonerally or in Buyer's territory, in which event Seller and Buyer shall be released
from all obligations hereunder relating to the purchase and sale of such brand or grade of gasoline, but no '
othtr. (Continued on reverse)
S7 3. PRICES: Bayer agrees to pay Seller for deliveries hereunder, the base price, inclusive of. ;A
Qft per gallon State Motor Vehicle Fuel Tax but exclusive of Federal Excise Tax, posted by 7
i SMier at time for place, quantity and method of delivery, less the following per gallon discounts: :
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for Flying A Gasoline. S . .06f22-..._,for Flying A WR�K�,QQ 1+IS ootoline
For information only, Seller's prices to Buyer per gallon on this basis, on of dote hereof, for truck
ieiiverias of 400 gallons or more at H-untinatoxj _agtgallf-axclusiui3 of Federal Tax, are:
for Flying A ` 3 .2/3-8 far Flying A Via&. ;
i Add S.005 per gallon deliveries of 200 to 399 gallons.
Add S•01 per gallon deliveries of 40 to 199 gallons.
;1 For truck and trailer deliveries of above products, into Buyer's storage, an additional discout►t of
�.. .,_.p_r gallon will be allowed. Maximum prices , subject only to in-- iy
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creases in Faxes as hereinafter provided, to be paid by Buyer,
for deliveries hereunder shall be Buyer' s price, as of date '+
hereof, for quantity delivere!_:, as herein indicated. y
' 4. TAXES: Any tax or increase in tax, levied by governmental authority, now or hereafter in 4
: effect, except as specifically included in the priees specified herein, and in any manner affecting sale or l
delivery hereunder, shall be added to each of the prices specificd herein and rholl be paid by Buyer.
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S. DELIY:cRIE5: All products shall be delivered with reasonable Fxomptness on Buyer's orders
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and Seller shall moke deliveries in its usual manner, during business hours only and not an Sundays or
holidays, except at Seller's option. Deliveries shall be mode in fcirly equal quantities and Seller re-
serves the tight to refuse deliveries in abnormal quantities or .a quantities in Rxcess of Buyer's usual j
S req-Arements. No deliveries shall be made into fuel tanks of automotive equir^tont or In quantities of less
than _.4ll_.___._ gallons. The quantity of each delivery of gasoline hereunder shall hr determined at the
time of delivery by volumetric measurement of the containers from or into which delivery is mnda or by
meter attat:4.•d to tl�e delivery equipment, ct Seller's option. Said quantity shall be shown on delivery ticket
isiund by Seller •overing such delivery, and !hail be accepted as final by both parties.
5 6.., THE CONDITIONS ON THE REVERSE SIDE HEREOF ARE HEREBY INCORPORATED IN
5 AND MAD17 A PAR" OF THIS CONTRACT.
FI HUNTINGTON BEACHfCALIFORNI.A TIDEWATEIC iL IFANY,,
£ ! _ 3UYER
Rye..
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FORM S-4.174 'A
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7. CLAIMS: Buyer waives any-laim against Seller as to price a. quantity of on7 delivery of products t
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hereunder, unless such claim Is made by Buyer to Seller in writing within forty-eight (48) hours after such }
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delivery. L
8. DRUMS: All 15 gallon drums in which any products are delivered ore, and shall remain, the
property of Seller. A drum deposit of $6.00 for each 55 gallon drum, payable when Invoiced, will be charged
to Buyer for each such drum delivered. Such deposit shall b• refunded or credited to Buyer, without interest,
only if such drum is returned in good condition to Seller wiO4n 90 days after date of invoice at the Flaee
where delivery was made or at such other place as Seller may dvsfgnots. t
M 9. PAYMENTS: Buyer •hall make payments hereunder .,n such terms as Seller may specify from tirr.e
f,. to time,and if Buyer fails to do so,thin at Seller's option all sums owing hereunder shall kecome immediately
duo and payable, and Seller may terminate this agreement or refuse all further deliveries hereunder.
10. FORCE MAJEURE:.. Seller shall not be liable in domogns or othervxtse when deliveries err
i prevented, delayed or otherwise'uffeeted, or thongs: in quality or disccrtinuonce of any of its types or slyer
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t of cootainars are necessitated, by or icy connection with an enbaraa., order, requisition err request of any
y government or acting authority, Act of God, flrn, storm, flood, earthquake, war, strike, industrial disturbance, f
accident, i lability to secure supplies In the open market, failure or impairment of Seller's supplies or the }�
facilities of production, transportation, manufacture or distribution reg•,:arty used in the ordinnry course of #\
x Seller's business, joinder of Seller In any curtailment, ratloning nr proration program, whether voluntoty or
involuntary, or anp other causes whatsoever beyond Seller's control, whether or not similar to the causes 1
ti enumerated herein. buyer may purchase elsewhere, but without recourse to Seller, any product which Seller S :
falls to deliver because of any such causes. Upon cessation of such causes, deliveries shall be retuned '
hereunder, but not beyond the period hereof, nor, except by mutual agreement, in any greater amounts than
J required to be delivered during the unexpired period of the contract, excluding amounts undelivered during the �
' period Seller is excused from making dolly-o►les. If any such causes hinder or delay Seller from making deliv
es=es to all its customers, failure to make deliveries to Buyer, in whole or in past, while making deliveries to {
!S others, shail not be a violation of the contract. Seller may opportien Its avallable supply among its customers ]
u in such manner as It may determine.
} 11. BRANDS: Seller, In Its uncontrolled discretion, may at on; time change the brand name or any i
distinctive designation of any of its products. Should It do so, this contract shall be deemed to cover prod-
ucts of the new norres or deosignations to the same extent as if sold names or designations were specifically
} set forth herein. )
12. WAIVER% The wolvor of any breach of any of the provisions hereof shall no, ba'deemed a waiver {
of any succeeding or other breach.
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13. EXECUTION AND EFFECT: This contract supersedes ell agreements of a prior date between
the parties hereto or their predecsasors in interest, relatinj to the subject matter hereof, and releases the
Parties from any and all past or future obligations, claims or liabilities thereunder, excepting only-that Buyer i
agrees to pay Seller in accordance with its delivery tickets or statements renderad t.r all products delivere3 j
to Buyer thereunder. This contract shall not be assigned by Buyer, or by operation of low,'without Seller's
3 prior written consent. This contract contains the entire agreement between thir parties, there being no oral
promises, representations or warranties affecting It.-Subject to the provisions of this Articla"0112 contract
shall be binding upon and shall inure to the benefit of the parties and their respective legal rouresentatives,
successars and assigns. This contract or any modification thereof shall not be binding upon Seller until
signr'd o•, Its behalf by its pivper manager. Commencement of performance hereunder prior tv Rigninq as above
' stipulated in no case shall be construed as a waiver by Seller of thle requirement.
2 . PRODUCTS: (Continued)
Following are approximate properties of offered products: :
J Flying A
100+ Gasoline
Gravity .API @► 60OF 59
Doctor Test Sweet
Colo;: Blue
.ASTM Gum 2
' Sulphur % .05
Lead Content cc 3 .0
* Vapor Pressure Reid 100oF 10
* Distillation 1BP F 95
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lOg6 Evap, of 130
50% Evap. of 220 F
90'}G Evap. of 350
E .P. of 400
Octane Research Method 100+
* Adjusted seasonally to mart climatic conditions
Octane , Motor 90+
Copper Strip 3 hrs. :A 1.500F Pass
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GASOLINE CONTRACT FOR GOVERNMENTAL__AGENCIES .
This contract was m►sde the„ day of , 19 , between
TIDEWATeR.OIL COMPANY, a Delaware eoroc:atien, herain.Aic. called "Seller" and.
hsrrinofter e.calld 'Buyet.". 'HAM AND AD RE.S ..
WIJNESSET. Kt -
1. ThitRl AND OUANTITI s Sailor shall sell artd .rfativer to.Buyer cnd.Bayer shall purchase and
take from Seller; Into Biyer's bulk'storuQe facilities ,!-t � *
or at other point4 to -which Seller regularly makes truck deliveries;.�.F _ 'f of O'ayer,'s requirements,
' of gasalines for contuntption and not,for resole,'during the period from tha3ftl^day of.
19 to the day of __ � .^,r, la Seller :!�al1 have the right at its option
to terminate this contract without 'nonce, ii "Buyer r;ie{ls or offers for resale any of sold got:uline�or ,
breaches any of the provistc,is hereof ar`during arty ihitty'(30) day period hereof purchases hereunder Less
than one hundred (100) gallons of gasoline. Selisr shall no! he obligotad, *xcopf at its option, to sRl) or
deliver hereunder during any calendar month goanline in sxeeess of gallons
2. ..PRODUCTS: The products covered by this contract are Sellers Flying A Govolins and Flying A
Super Extra Gasoline, provided,,ha"ver, that. Seiler may at any.time discontinue the sole of any brand at
grade of gasoline, either generally or in Buye�V'a tetrltory, In which event Seller acid Buyer shall be released
;j from all abligatlons hereunder relating to ►hr, purchase and cola of such brand or grnde of gasnilue, but no
other. il + is
S . :_. PRICES: Buyer.agrees to pry Seller for: deliveries hereunder, the base price, inclusive of
i......_.r,.. per gallon State Motor Vehicle Fuel Tax but exclusive of Federal Excise Tax, posted by t
Seller at time for place, quantity and method of delivery, less the following per go'lor. discounts:
S .- ... far Flyi*ig A Gasoline. $ . .11772 •••,for Flying A Super Extra Gasoline
i For Iniarmation only, Seller's prices to Bt;per per gallon on this basis, as of date herenf, for tre;ck
? - ! deliveries of 400 gallons or more of exclusive art Feder.', Tax, aret r
S . for Flying A •. $.. Ear.Flying A Super Extra •.
'. Add t.005 per gallon deliveries of 200 to 399 gallons.
Add 5.01 per gallon deliveries of 40 to'119,pailons." ,
For.truck and trailer deliveries of above products, into.Buyer's storage, an addNionnl discount of
per gallon will be allowed.
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1. 44 TAXES: Any tax or increate in tax, levied by governmental authority, now at. hereafter'In
effect, except as specifically Included. in the prices specified herein, and in ony manner affecting sale or f
F' delivery.hereunder, shall _6e .added to each, of the prices specifled heroin and, shall be.paid by Buuyer.
at 5. DELIVERIES: All products shall be delivered with .reasonable promptness on f3uyer'sofders
and Seliet shall make deliveries in its usual manner, during business hours onty and not on Sundays at
holidays, except of-Seller's option, -Deliveries shall be made in fairly equal quantities and Seller re•
iserves` the right to 'refuse deliveries Irt abtiotrnal quantities or in quantities:irt .excess,<'tl Buyer's usual-
requirements. No deliveries shall be made into fuel tanks of automotive equipment or in quantities of, less•
than .,gallons. The quantity' of each delivery of gas oline`he.eunder' slutll be determined at tha i
time of dell%ery by volumetric measuremant of the cantoiaers from' or ln:� vhicb dellverY is made or by t
meter attached to the delivery equipment, at Seller's option. Sold quartit f shall be shown on delivery ticket
j issued by Seller covering such doliveq,,ond shall be accepted as final by both oarites.
6 'THE CONDITIONS ON THE REVERSE SIDE HEREOF ARE HEREBY INCORPORATED IN
AND MADE A PART OF THIS CONTRACT.
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TIDEWATER OIL COMPANT.
2)v Lo., I& 6aj--,R — By A
y-Qe-.tJ1.C�:�+ve� �••-aid'. TITLE
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7. CLAIMS: Buyer waives any claim against Seller as to price or.quantity of any delivery of ptaducts . f
hereunder, unless such claim is mode by Buyer to 5vl!ir in writing vr!!ainlortyeight (48) hours alter such
delivery. i
-8. DRUMS: All 55 gallon-drums -in w'nich any products are 'drllwred ore, and shall remain, the
property of Ssll�rr. A drum deposit'of S6.U0 for each 55gallon drum, payable when Invoiced, will be charged
to Buyer for each such drum eellvered. Such deposit shall be refunded or credited to Buyer, without Interest,
f only if such dmem-lie returnarl,In,good:condition,to Seller within,90 days offer dote of invoice at the pIn"'t .
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Where delivery ryas mode or of such other place as Seller may 4a signote. ' K
9. .PAYMENTS: Buyer shall make payments hereunder on suKh.terms as Seller.may specify from time
to time,and If Buyer falls !a do io,then',rt Seller's option 'all sums awing hereunder shall become Immediately `
r.�►' dos and payable, and Seller maytenninate chls agreement or refuse all further deliveries hereunder.
10. 'FORCE M.AJEURE: Seiler shall not be liable In damages or atherwisr when delivertes am
prevented; drloyod ot"atherwise"af(acted,'.ar'choriges In quality or discontinuance of any of Its types, or sizes 1�
of ccntalners ary recessltated, by or In connection with an emLargor`ordbr requisition at request of any i
government or acting auttiority, Act of God, fire, storm, flood, ocrthquolto,;.+or,'strike' Industrial disturbance,
occident, inability to socute.supplies in the open market, failure or impairment of`Seller's supplies or the
facllitlos `ol,prvduetion, frantpoi4ation, manufacture or distribution regularly'used In the`ordinary course of r
Seller's business joinder of Seller in on curtailment roflonin ar rarotion ro ram whether voluntary or
. i r Q... p p g. ..,t. . y
Involuntvy, or any other causes whatscever beyond Seller's control, whether or not slmllar to the'couses
r - onumerafrd hereln, Euyer,may purchase elsewhere,..but without recourse to Se!!zr, any product which Seller
toIIt N- d*11vev because of any such, causes. Upon cessation of such causes, deliveries shall be resumatf ;
hereunder, but not beyond the period;hereof, not, except by mutual agreement, in any greater ems,sets than
required to be delivered during the unexpired period of the contract, excluding amounts undelivered during the
1 period Seller is excueed f om making deliveries, If any such causes hit+der er delay Seller from making dvily
' cries fa all Its customers, fr11Cr� to in Ite'dellverles to Breyer, in what* or In part, while 71'41np Seliveries to
others, skull not be' a violation of the contract. Sailer may apportlan'its avalloblo supp)r among its customers ( '
in such manner as it may defsrmine.
,;.:. .,.
11. BRANDS: Seller, 1n Its uncorettalled discretion, may at any tlme change the brand name or cny ;
distinctl" designation of any of Its products. Should it do so, this contract shall be deemed to cover prod-
ucts of the new names or designations to the some extent as if said nornMs or designations were specifically
set forth hereln.
. ' 12. WAIVER: The waiver of any brooch of any of the,provisions hereof shall not be deemed a waiver
! ti of any succeeding or other breach:
13. EXECUTION AND EFFECT: This contract suporeed6s 'all agreements of a prior date between
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the potties heietu or their predocassors in-interest, relating Vs the subject rnattar ;tereof, and releases the %
3 parties from any and all past at future obligations, claims -or ilabilitiert thereunder, excepting only that Buyer t
agraax to par Seller in accotdarece with its delivery tickets or r.tatements rendered fcr`all products delivered j
to Buyer thereunder. This contract wholl not be assigned by Buyer, or by operation )f low, without Seller's
prior written consent. This contract contains the entire agreement between the portles, there being no oral 1 '
' pie3mises, r-role sent atfahe of warranties affecting it.,:Subjgc.,to the provisions of this Miele, thin con rout
be bleiding•uprn and shail.lqure to the benefit ofithe.partles and the!: respective iegal reprerc talives,
euccessCrs -qnd.aYsl ns. ;This contract•or an T;,dificatiun.ths!eaf shall. not..be bind►ng u on 5el�e,, until
EltV d on Its behalf by Its proper manager. Commencement of performance hereunder prio- to sigitinq of"o5ove .E
( stipulated Ire rea•case shall be construed as a waiver by Seller of this requirement.
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FROM nED DEPARTMENT COPY
City of Huntington 1k h, PURCHASE 0011
011110mia
01"al: TO
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nnTt: or atln>ctt 2-3-59 ON EACH rACZAGE D�Tn or DEUVRs_Y
._ _ _ AND WVOICZ
ACLIVEit OICI,r Y L CITY YARD U VIASHIP TO HALL CI
ADDRESS
vErl�an TIDE:#ri TFR OIL- Cu'4,0ANY
3 'hCIFIC ELECTRIC BLDG. , 610 10. IMAIN ST E' I'
A.DDnsa _ _ E �-
Lt�;3 A? CELL - 14 CALIF0iiVI.A - -
"1 PLEASE FURNISH SUBJECT 70 CONDITIONS BELOW
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CONTRACT FOR
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Gasoline requirements for the period Fobruary 16, 1959 to February
�.6, 1960, no per your bid of January 28, 1459e
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Tf:i s order in accordance with all provisions defined in the contract
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farm attached hereto.
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THE rOLLOWING CONDITIONS FOAM A PArs Or TI IZ ONDIRS Purchase Order.
1 sHIPpma }IOTICE—sha►1 _v mailed as soon as Material hat hvsn for- i PRMRENCE Or NATF3UU.S--Agrsos that vendor will :amply with Pro-
withwazdod giving Ord*. Number, also condensed descripricn e! rtsloat of yorernment coda respect to prefetencs for ma•
Idalerta�, terlals manufactured In C. S. and In California. X;'. C. S.C.
It n(VOtCE W OUY'LICAYE. 4300.43+4.)
3 CAATACE CA rAcKAct5_—no charge will be allowed for either. 7 MsUWWCre_4t is understood and agrr,od that vendor is fully covered
d TUBMS--Bills shall be payable by the loth of th! s= ath following ship- with Public Liability, Workmen' Compensatiun and Property dam.
t•F sent, (it ma!otlal has been received). ape and tasurenee and agrees to protect and Indemully the
«� S tATEN75—Vender c rse■ to hold and tare Buyer against ail clalms for damages, lawrults, ate., which c�ay
T g purchaser hamlets frnm arts. due to difficulties encountered while vendor Is servicing
and against all and *very demand at demands of any suture or this eperatton.
akindppl by rnthat of the us# of am pa!opte invention, article or City of Huntington Bead
appttance, that hat been or may be adopted of usec! in the r:sn•
simcolrn of any of the material or artkles called for on this
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February 2, 1960
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d j Tidewater Aesoclate5 nib. Company
Pacific Electric Building
.r W So. Main Straet
Los Angeles 14* California
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Gentlemen%
_ This will advise you that the HuntIngton Beach City
+ Council, at Its regular maeting on February 1, 19+609
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awarded your Company tube gasolin4 contr•4ct for a
Pet !. d of one year beginning February 16, 1960.
' n—j HerVith enclooed You will find the imsec:Yted contract
containing all prices , terms anel provisions.
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r Yours vi:ry truly,
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Brander D. Castle,
Purchasing Agent
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Ysr ���•... ...rr'lt.»�iv........rwrMfit!!:5��% .
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Cifiy of f�aitington l� '�, PURCHASE OPPER
# California
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1307
i! DATE OF ORnCt F@bx'118r 2 , 1�6G ON EACH PACMAGIr DATE OF DELIVERY AND INFO XE -..._... ....... .__._
RIG ro'VTR OR CITY HALL - CITY YARD VIA
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ADDRESS
VL'NDOR TIDEWATER OIL CO"ANY
ADDRESS PLC=CI IG ELECTRIC DLDG. b14 So. 11AIN STREET
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q LOSS ANGELES 14 CALIFOR141A
PLEASE FURNISk SUl3JECT ' 0 CONDITIONS BELOW
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CONTRACT FOR:
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.. 'Jto.)' Gasoline requirements for the period February 16, 1960 to
February 16, 1961 , as per your bid of January 28. 1960, as
per attached contract form.
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+ THE FOLLOWING CONUITIONS FORM A FART OF P.if9 onticat Purchar_• Order.
1 SHIPPING NOTICE--shall be nailed as soon as Material has been f r- I i PREFrRENCE OF MATERIALS—Agtess that vendor will comply with pro•
worded. giving Order Kuraber, also condensed description o! III visions of government curie with respect to ptaleter.ce for ma.
Material, to-info manufactured In U. S. and in California. (Cloy, C. fie..
i ! 2 fr'VOICE IN DUPLICATE. 4300-1334.)
3 CARTAGE OR PACKAGES-.ro charge will be allowed for @fiber. 7 INSURANCE—il is understcod and agreed that vendor is fully covered
4 TERIU--8111e shall be parable bT th@ 10th of the month fcilowinq skip. with Puhl`- Liability, Warkmen's Compensation and Property� dam-
ment. (if malerfal has been received). age and Insurance and agrees to ptotsct and indemniir the
Buyer upainct all claims !or damages, lawsuits, etc., wLich tear
S PATENT$-Vendor aprevs to hold and savq purchaser harmless from arise due to difficulties encountered while vendor it servicina
and against aft and every demand or demands of -any nature or this operation.
' kind br Moser: of the u.+e cf any patented invention article or arpllance, that has been or may be adopted or used In the can. City of Huntington Bach
k strrtct!on of any of the mats-fat or articles coll►d lot on this
PURCHAS11110 AGXKT
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FROM DEMAND COPY
City of Huntington Be, PURCHASE ORH�H
: California
NO. 368 CH"Gr To
D1irr Or MIMI 2-3--57 ON E�ACIT PACI"GE DATC Or VELIVSRY
.__. . A" INVOKE _
DELIVER Oil]'` ",• HALL �- 1;-:iT 1 D '
SHir TO ` " VIA
VENDOt!
ADDUSS
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PLEi,SE FURNISH SUBJECT TO COND1'1'!0NS BELOW
' Gpisoli.n.e r egnirem,=�nt 7 for the period February lb , 1�159 to 1+'ebruary
1c.�, , s per ;our laid of Janu.,,ry 28 , 104;:
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► THE rOLLOWING CONnino S ronm A PART Or TniS GiRllfrtt Putchnse Ordar.
f SHIPPING ROTICC—ehai1 be mailed as soon as Material has beer for- i P1fCFEhENCE Or MATERIALS—A�rees the! •endot will coy ply •:Nth pro•
warded giving Ordet dumber, also condensed description of visions of government co a with respect to preference for ma-
I+fiterta�, lariats manufactured In U. S. and In Calllornfa. (Gov. C. Sec.
tit 2 INVOICE iN DUPLICATE. 4ig0 4334.)
3 CARTAGE ON PACNAGES--.a charge will be allowed let either. T iNSURAH --It Is unde:+laod and agreed that •ondor is fully covered
4 TEAMS—i3111s shall bn n rbly by the 10th of the month foilow►na ship- with Public L1abMty, Wotkroan's Compensation and Property dam-
p age and insurance and agrees to protect and Indsrrnlly the.
:rent. lit ma.erirl as bof-n received). Buyer against all claims lot damages, lawsuits, etc., which may
S PATENTS--Vendor agrees to hold and save purchaser harmless hoot ants due to diliiculttus encourtrred while vendor Is servicing
and against all and every demand or demande of any nature at this operation.
kind hr reason TO the use of any patented Invention article or appliance, that hat been or miry be adaptod or used in the con- City of Huntington Reach
attuction of any of the material of articles called tar on this
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