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HomeMy WebLinkAbout02538 ORD - 06/07/1949ASI 01MMANCE AL'THORI°.ING PSID DIRECTING THE CITY KTJAGER TO MCUTE A CONTRACT FOR AIM ON REH_n.I& OF, THE CITY :'PITH HMABLE OIL IM 70-FIUTT7G COI P. ITY, PROVIDING FOR PURCHASE OF AVIATION PROD-JOTS AT CLIFF IVIUS IMICIPFS. AIRPORT; MU) DECLoRii`IG Ald D'1- ,CMTCY. BE IT ORDAII.M BY THE CITY COUNCIL OF TIC CITY OF CORPUS CHRISTI, TM St SECTIQIS 1. That the City Idanager of the City of Corpus Christi, Texas, is hereby authorized and directed to execute a Contract for and on behalf of the City with Hunble Oil and Refining Compaay pro- viding for purchase c£ aviation products at Cliff ISaus Municipal Air- port, a copy of said contraot being attached hereto and made a part hereof for all intents and purposes. GENERAL PROVISIONS TARES —It is agreed that any duty, tax, fee or other charge Seller may be required to collect or pay under any municipal, state, federal or other law now in effect or hereafter enacted, with respect to the manufacturing, processing, sale, trransports- tioa, delivery or use of the commodities covered busby will be added to Seller's currently posted list prices and be paid by the Buyer. DRUMS OR BARRELS —It in agreed "that'Sellat shall have'the'aption and 'privilege ' hereunder' of delivering 'products in either light iron barrels or heavy4ype barrels or drums in an effort to maintain prompt delivery achedulea, and that, subject to the provisions of this clause, all heavy drums are and shall remain the property of the Seller, loaned to the Buyer for transpor- tation only of the produMa delivered hereunder, Deposit for heavy iron barrels at drama as shown in Seller's current schedules date of.deliyery will be required or changed on such drama or barrels and it is agreed that these deposits will be returned to Buyer upon the basis outlined in the schedule. Cost of 66- gallon light iron drums included in price of product and remain property of Buyer. PAYMENTS — Notwithstanding the acceptance of this contract by Seller, if Seller is not satisfied with the financial re- Immobility of Buyer, ar if the financial xemplo,ibilty of Buyer hereafter becomes impaired, or unsatisfectory to Seller, or if Bayer fails to make payment a, provided, Seller shall have the right to demand cash payment or satisfactory security and may withhold shipments until it receives such payment or ...urity. FREIGHT RATES —The prices mentioned in this contract are based on existing published freight rates from Sellers points of origin, and it is mutually agreed that if the freight rates are increased or decreased, the prices will be correspondingly adjusted. DELIVERIES DELAYED OR PREVENTED —All orders shall be filled by Seller with reasonable promptness, hot neither Seller nor Buyer shall be held responsible for any losses resulting if the fulfillment of any terms of provisions bereof shall be delayed or prevented by compliance with any order or request of any governmental authority or any person purporting to act therefor or by revolutions or other disorders, wars, acts of enemies, embargoes or other import ar export restrictions, strikes, lockauts, fires, floods, acts of Gad, arrest or restraint or rulers, or peoples, perils of the sea, accidents of navigation, break- down or injury to ships, failure of or interference with supply from Seller's present sources, breakdown o injury to, or expropriation or confiscation of the facilities used for the production, trccaportatioq receiving, manufacturing, handling or delivery of the products described herein or crude petroleum from which they are derived, or by any other acts, whether or net of the same class or kind as those above met forth, not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. If by mason of any of much causes, supplies of products described above or crude petroleum from which they are derived from any of Seller's then existing murecs of supply are curtailed or cut off, than the obligation of Seller bereunder during such curtailment or cessation shall at its option be reduced to the extent accessary in Seller's judgment to apportion fairly among its customers the supplies of products de- scribed herein then in storage and such quantity sa may be received in the ordinary course of business from any other existing em of supply for Sellers business, and Seller shall act be required to increase its takings from such other sources of supply or to purchase supplies of products described above or crude petroleum to replace the supply so curtailed or cut off. If the products covered by this contract are net available at Seller's normal paint of gasoline shipment, then Seller shall be under no withany to make deliveries hereunder. If Seller shall suffer any loss of tanker or barge Loans", or if compliance by Seller with any order or request of any governmental authority shall reduce the tanker or barge tonnage available far the normal ant of crude petroleum or petroleum products, the obligation to make deliveries hereunder may he reduced at Seller's option approximately in proportion to much loss or reduction. Seller shall not be required to make up deliveries omitted on ac- ceunt of such causes. MEASURES— Unless otherwise specified fn them random, (1) a gallon shall be taken to mean an American gallon of 231 cubic inches, (2) a barrel of bulk oil or other product shall mean 50 American gallons, (3) wooden at iron barrels in which products are sold by the gallon shall contain not less than 46 nor are than 60 American gallons, and if products, oils or gresses are ordered in packages other than barrels the regular schedule of Seller for additional price shall apply. PRICE ADJUSTMENTS —Seller may at any time during the term hereof, upon thirty (30) days' notice mailed to Buyer, adjust the price or prices of nay products contracted for herein, except aviation gasoline unless otherwise stated on the reverse side herself. The price of aviation gasoline may be changed at any time without notice. If Sallers regular list price schedule is redurd, s corresponding reduction will apply to these prices during the period of Inch reduction. In the event Sellers regular list price schedule is advanced, then before the effective date of such advance Buyer shall have the option of purchasing at the price schedule in effect at the time such notice is given, a quantity of any product mold hereunder, at in excess of his average monthly purchases previously delivered hereunder. It is further understood that if such regular list price schedule advance is not satisfactory to Buyer, Buyer may within such thirty (30) days' period give written notice to Seller of any lower price at which Buyer can purchase such product of equal quality, and if Seller refuses to meet such price, Buyer may, by giving Seller written notice forthwith, terminate this agreement as to the products affected by the notice. CLAIMS—Any Claim for defect or variance in quality or shortage shall be made and Seller shall be notified and given as opportunity to inspect, within two day, after goods each their destination, and in a of deliveries in tank cars or boats, this notice and opportunity shall be given before the goods are unloaded; and a failure of Buyer to observe this prevision shall operate as a waiver of such claim. TANK CARS —Any tank cars furnished by the Seller shall be discharged by Buyer immediately upon arrived and de- livered back to the railway from which they w received billed in accordance with farms furnished by Seller, and for any s of Seller detained more than 48 hour,, Buyer, besides paying such railway demurrage as may accrue, shall pay Seller an coneart at least equal to the railway demurrage, but not less than two dollar, per car for each day or portion of a day after expiration of the 43 boor.. BOAT DELIVERIES —When deliveries are made by Boat, Buyer shall furnish berth at which the vessel may lie safely afloat at all stages, together with necessary facilities for discharging immediately upon arrival; any delay caused by Buyer to result in de--,.,I will be the responsibility of Buyer; oil will be pumped out by Seller, but its responsibility ends at the boat's rail. Arses to the share tanks of Buyer and gauge tables thereof shall be accorded to Seller for the purpose of gauging and Buyer shall deliver to Seller a receipt for the amount of oil delivered as shown by such gauge taken by a representative of bath parties. APPROXIMATE QUANTITIES —In case deliveries are made in carload, boatload or tank wagon lots, deliveries, within ten per cent of amounts called for by the contract or any installment thereof shall be deemed sufficient deliveries by Seller, only the actual amounts delivered to be paid for. RETURNS —None of the goods purchased hereunder may be returned for credit to Buyeea account or exchanged for other goods except with the written cement of Seller and upon such terms se it may fix. MINIMUM DELIVERIES —No oil will be delivered in bulk or packages in ]at, of less than five (6) gallons; grease,, one (1) carton. Cartons, Light Iron Bhls. (LIB) and C.- sold in full original package, only, CHANGE OIr BRAND NAME— Seller reserves the right to change at any time the brand name or any other distinctive designation of any of its products. Should it do so, this contract shall be deemed to over the products under the new names or designations, being of the same nature and specifications and for the same sssea, to the same extent as if said new names or designations were specifically at forth herein INGRESS AND EGRESS — Seller shall have free rights of ingress and egress to the airport or other property upan which the plant sad storage tanks of the Buyer are located for receiving deliveries, installation or removal or aintenance of equip- ment hereunder without any fee or other charge being imposed upan Seller for the privilege of entering such airport ar other property on which Buyeem receiving equipment is located. Aviation Prodtm "Sales Agreement o�yn1��TE e,.tam.�, roar IN1M ®LE Fsso L _PARTIES. This agreement this date made and entered into.hetwecn HUMBLE OIL & REFINING COMPANY, of HOUS- TON, TEXAS, hereinafter called SELLER, and ......_..._.__,_AtT OP_R OI').1119- Chrl8U Cor us Christi .Texas -- ..p_.__..._... ..... ereinafter celled BUYER, Witnesseth; p. QUANTITY AN�DeP.LA�CE,(��ur�. r ses to purchase from and pay Seller far, and Seller agrees to sell and deliver to Buyer not Ieee than.._..°.:.^° 'g lnat in excess of._ll...._gaIl°ns of Humble Aviation Products as are named in the list below or in schedule attached, at the pricea designated, which the Buyer may require at the_:..__ _.__.. ......................... _. _A; iimatuP_Am. — .Airport. 3. PERIOD. Between_– ...... ..... _._.. !tllOfl..}.:l�iy- Q—.__ sari.. - .....___._311.1956______.___. 9. BRANDS, PRICES: Price Per Unit HUMBLE AVIATION GASOLINE: PRICE - -TO aF FiUTAC,F C'IL & EFltvl")G CO�J- rAfdY "S F'C`, [Lib TR.I KP(AGOtV SC.N,E :�;.E IN CT ^uF':E GF = ;V ., F(i° .. rt = FU. H;sk D .i BL,'L'n" STATION FROM WHICH DELIVFRY`•IS •MADE. H� ?a1BLc AWA U'v LUBRiCANTS: I"MCES To BE 1?Vi.APON LUBRICANT, SELL!NT1_ SCHEDULE iN EFF:_CT DN. u.z DELIVERY. COPY OF CURRENT SCHEDULE IS ;UQMITTED- 5. METHOD OF Pm' Y — - - #9A:W' "4B1F' -acs " -pmwOlaee'- 1r-auttmtitod 8o see o3'ssiT- `roduoi---- ri- eaceae -og 0. These prices are f. o. b. ._.___-- ._.._.._......_.._6o�u9 ChriBtit Texa9 7. ENGINEERING SERVICE. Seller's Engineers w111 without charge advise and co- operate with Buyer in the proper nppli- cation of Humble,preducts to obtain the most economical results. S. TERMS OF PAYMENT: Lubricants. 1% Discount if paid within 10 days from date cf delivery, 30 days net. Discounts shall not be allowed from or be applied to or be computed' upon tries or freight. Gasoline. 30 days net. 9. INSTALLMENTS. Deliveries or sbipments most be taken by Buyer in fairly q,­1 monthly allotments. 10. QUALITY AND UNIFORMITY. Seller guarantees the above named products to he uniform in quality and at all times up to its high standards of refining. 11. GENERAL PROVISIONS. The general provisions appearing on the reverse side hereof are hereby made a part of this cantreet, a— where same are ioeonsietent herewith. uP 12. E%Ec ION AND VALIDITY. This instrument contains the entire agreement and supersedes and ca,celo all now exist- m, aviation products contracts between Buyer and Seller. It cannot be transferred or assigned by Buyer without written sent of Seller. There are no oral promises, representations or warranties a££ecting it, and this agreement or any amend- ment thereof will not be valid until the Seller has approved same in writing by its Sales Manager, Assistant Sales )Tanager, or an officer. Witness our signature this the -.- ._._____._day of._. ..... _ ... ..................... -, 19_...__... (Buyer) By.... .............. ... ... -- ..... ----- --- ---------- ----------- _------- ACCEPTED AND APPROVED: HUMBLE OIL & REFINING COMPANY (Seller) -----_..--------------------- ---------------- i..------ _..._.._ Tit lajY /�iQ/2.: Durable Sales Representative - - HUMBLE OIL & REFINING COIKPANY Dealer and Commercial Consumer Selling Schedule HUNBL ESSO AVIATION PRODUCTS Aviation Engine Oil, Grease and Special Products Effective 2/1/48 BRAND AND GRADE ESSO AVIATION OILS ;60 -80- 100 - 120-140 �D .78;;;; .98 GREASES P 1 GALLON Case Case 24/1 Qt. 4/1 Gal. Cans Cans(Round) Case 4 /10 -Lb. Case 12 /1 -Lb. $ .92 .90 Non- tieturnaUie LIST PRICE P?,R POUND 400 -Lb, 100 -Lb, 35 =Lb. Case 4 /10 -Lb. Case 12 /1 -Lb. LIB LIB Pails Cans Cans Essoleu,n B (Non - Taxable) _ v .1500 :p ,1600 Lsso Lubricant 3000 0 .1800 4 .1900 ,2300 240D 2500 .2700 .2800 .3200 SPEC Esso Instrument Oil Univis 40 (;Servo Liquid 9) Ess C 41''AVIATION LUBRICANTS Bu11c: >< a ,95 LIST PRICE PER POUND 5 1 -Gal. Case Casb - Square 6/1 Gal. 24/1 Qt. Can Oblong Cans Cans _ 1.25 x1.40 - -- ... 0 o,mpass rluid -, 1.10 1.25 1.09 — — 1.65 1.80 =Subject to State Gasoline. Tax x.04 per gallon and Federa tax of used as a Compass Fluid and not as a fuel, exemption certificate can Obe signedlcoveringen exemption of Federal Tax; and claim may be filed with the State for refund on State Tax. '-`55 -Gal. LIBs are loaned to buyer for 90 days. If not returnea.to Seller in good con- dition within free period, deposit of �P4,00 will be charged, which.,will be refunded when drum is returned ingood condition. CASH DISCOUNT: 1% 10 days, 30 days net. TAX: All prices above are isubject to Federal ,Iccise Tax of 6¢ per Gal. "or ,75¢ lb, except as otherwise noted. Humble Esso Aviation Products t quaivrlrz DJ bUUUN'1'�S' (WITH TH3 �CEPTION OF SPECIAL AVIATION LUBRICAP]TS) are subject to Quantity Discounts as indicated by the following Quantity Discount Schedule and will be allowed at the time of billing based on Quantity delivered at one time to one destination. If „,`Total Quantity Delivered at Ona_- 1`�'me to One Destination is Discount ??ill be Less than 13 Gallons No Discount 13 to 24 Gallons 2.00¢ a Gallon 25 to 36 Gallons 40 to 99 Gallons . . ..... ” .. " " " " " " 3.00 a Gallon 400 to 499 Gallons " " " " " " " ' 4.00¢ a Gallon .............. ...... 5.00¢ a Gallon 500 Gallons and Over 6.00¢ a Gallon 5£G ^_IDkd 2. 411e -,�aessity Per providi:? For tae l:ene£it e� �, the ,.ty ?,izcoria .,_ _.- Teatl�lic - emerger.ch e?id - ,uoeic �::.ce ^ativo _ccossity reuu�r�n,2 tfle snsporsioi: o£ tii, ('.parser rule tho.t i:c ord=izaice or ro¢olutioz s'_,a.11 be pesos. 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