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HomeMy WebLinkAbout231325 04/08/14 (9, CITY OF CARMEL, INDIANA VENDOR: 00350594 ONE CIVIC SQUARE MORTON SALT CHECKAMOUNT: S'""'14,171.55' CARMEL, INDIANA 46032 PO BOX 93052 CHECK NUMBER: 231325 CHICAGO IL 60673-3052 CHECK DATE: 04/08/14 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 2,003.85 5400411089 601 5023990 2,010.39 5400417643 601 5023990 2,006.30 5400418578 601 5023990 2,013.65 5400418579 601 5023990 2,025.91 5400419603 601 5023990 2,023.46 5400420806 601 5023990 2,087.99 5400420807 h MORTON SALT, INC. -UPC 246DO PAGE: 1 A K+S Group Company .d CSF SALES REP. DATE INVOICE NUMBER 020 Turner A MAR 20, 2014 5400418579 123 North Wacker Drive, Chicago, IL 60606-1743 PURCHASE ORDER NO. RELEASE NUMBER musam P.O. BOX 93052 W1400 \ CHICAGO, IL 60673-3052 Customer Service: Lopez M TERMS: 30 days net cash after dte inv Tel: +1 (630) 861-2711 ADDITIONAL TERMS AND MARKETING PROVISIONS ON REVERSE SIDE CUSTOMER NO.. 5378073 3677688 B S I Carmel Water H Carmel Water-Plant 5 L 3450 W 131 St 5484 E. 126th Stree L Carmel IN 46074 P Carmel IN 46074 T T 0 0 CREDIT DATE SHIPPED SHIPPED VIA FOB SHIPPED FROM BILL OF LADING NO. MORTON ORDER NO. MAR 20, 2014 RIVERBEND TRAM CONSIGNE I CINCY MORTON WHS 1 5100440751 QTY U/M Code *--------Description--------* Price Extension Net 24.65 STO F144890000Z Bulk Rock White Crystal Coarse S 81.69 2,013.65 2,013.65 Load B/L No. Ticket no. Weight Shipped date -- -- - -_`_ .__--0015128035— -- -' 2014- 611 = — -- _. _ _. _r -E-.,_ _ ---- =49,3GG""LB - -Mar-'20;. 2014- J /f _ r - f i e � e . 't At- Gross Product Tot Tax $ 0.00 2,013.65 �g 1 I $ 2,013.65 - ------ --- – if-`.,L you 6N1. I1qlN� /RDxL�• Si�ILL -- - --`CREDIT ��--_ . —_-- --- - Total Net Weight 49,300 LB Total Unit Weight 49,300 LB a �� ORIGINAL �� TERMS AND CONDITIONS All price quotations and sales are subject to the following terms and conditions: PRICES AND TERMS OF PAYMENTS: 1. Sales are F.O.B.SELLER'S plant or warehouse.If shipment is to be arranged by SELLER for BUYER'S account,the freight charges to BUYER will be based on SELLER'S freight rates; such rates may represent an average of carrier rates and may or may not include carrier surcharges and/or volume discounts. Shipments will be made with freight charges collect or, at SELLER'S option, freight will be prepaid and billed to BUYER. Stopoff charges and other accessorial charges must be paid by BUYER. On pooled shipments,delivered costs for the entire shipment may be based on the highest freight rate applicable to any of the stopoff points. 2. All orders are subject to any production,processing,sales, use,transportation,and all other taxes(excluding those taxes based on SELLER'S income),dues and duties now in effect or hereafter imposed, which are to be paid by BUYER. Additionally, BUYER shall be responsible for all tax liabilities resulting from any allowances given by SELLER. 3. Net cash payable within 30 days after date of invoice. All invoices payable at P.O. Box 93052, Chicago, Illinois, 60673, unless otherwise designated on the invoice. BUYER will pay a 1 1/2%per month surcharge upon any invoice not paid within thirty(30)days. Such a surcharge does not constitute a further extension of credit but rather is an agreed upon measure of SELLER'S damages for delay in payment and from BUYER'S default hereunder,in addition to any other remedies that SELLER may be entitled to at law, in equity or pursuant to any written agreement between the parties. On bulk shipments,SELLER'S weights at shipping origin,based on the bill of lading quantity, shall govern pricing. 4. The SELLER reserves the right upon notice to BUYER to condition any future shipments(including those previously ordered or in transit)upon SELLER'S receipt of cash, certified or cashier's check in the amount of the invoice prices of such shipments and inclusive of all freight. SELLER may, upon notice to BUYER, condition all future shipments (including those in transit or previously on order) upon BUYER'S execution of documents in form satisfactory to SELLER, granting SELLER a first perfected security interest in assets which SELLER in its sole discretion believes sufficient to collateralize the outstanding account balance. The foregoing remedies are in addition to and not in lieu of SELLER'S rights under Article 2 of the Uniform Commercial Code as enacted in Illinois. BUYER agrees from time to time to supply SELLER with such financial information relative to BUYER'S operations as may be deemed relevant by SELLER for determining BUYER'S credit worthiness. BUYER'S order or its execution of any written agreement with SELLER(if applicable)shall be deemed a written representation that BUYER is solvent,which representation shall be deemed renewed by each order made by BUYER subsequent to the initial order or written agreement date,as applicable. Any sales,made to BUYER by SELLER hereunder are made in reliance upon BUYER'S representation of its solvency. NOTICE OF PRICE INCREASE: It is our intent to publish price increases to our customers thirty(30)days prior to their effective date. We reserve the right,however,to publish price increases without notice. POST AUDITS: SELLER limits the period of post audit to no longer than two(2)years from date of invoice. WARRANTIES: SELLER warrants that the goods sold hereunder are merchantable. SELLER warrants that the goods shall be fit for a particular purpose, provided only if SELLER at the time of contracting receives written notification of:(1)the particular purpose for which the goods are required,and(2)that BUYER is relying on SELLER'S skill or judgment to select or furnish suitable goods.SELLER warrants that the goods sold hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938,as amended,and further that it has not incorporated in the goods sold hereunder any goods known by it to have been produced in violation of said Act. EXCEPT AS EXPRESSLY STATED IN THE FOREGOING, SELLER MAKES AND HAS MADE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ASSUMPTION OF RISK AND LIABILITY LIMITATIONS: 1. BUYER assumes the risk for results obtained from the use of the goods sold hereunder,whether used alone or in combination with other products. BUYER assumes,and promises to indemnity and hold SELLER harmless from,any liability,loss,cost,damage and expense arising out of or in connection with the use or sale by BUYER or by any subsequent owner or user of the goods sold hereunder, including any infringement claim, except to the extent such is directly caused by the SELLER'S negligence in the manufacture or sale of the goods sold hereunder. The sale of the goods hereunder is not to be construed as a recommendation for their use in violation of any patents, applicable laws or regulations.Any technical information furnished by SELLER is offered as a service and is given gratuitously,but BUYER assumes all risks in relying upon such information. 2. SELLER'S liability under this sale shall be limited to the replacement of any improper or defective goods or the return of the purchase price thereof,at SELLER'S option, and in no event shall SELLER be liable to BUYER or any subsequent owner or user of the goods sold hereunder for any incidental,indirect or consequential damages,and in no event in an amount in excess of the invoice amount of the goods in question sold hereunder. 3. SELLER is not responsible for damage to goods in transit. In the event shipping is arranged by SELLER, SELLER will process claims for loss or damage on BUYER'S behalf only if supported by proof of loss or damage satisfactory to SELLER. FORCE MAJEURE: If the performance by any party of any obligation under this invoice(or related written contract,if any)is prevented,hindered or delayed,in whole or in part,by as event of Force Majeure,other than the obligation to make money payments then due and owing,the party so affected shall be excused from nonperformance to the extent that performance is prevented,hindered,or delayed by such event of Force Majeure. This invoice(and related written contract,if any)shall be deemed to be suspended during the continuance of the Force Majeure, but only to the extent and for the period of time that performance is actually prevented or delayed as a direct result of Force Majeure. "Force Majeure"means any cause beyond the reasonable control of any party that impedes a party's performance hereunder,including,but not limited to,any act of God or the public enemy;fires;explosion;sabotage;perils of the sea;embargoes;accidents; riots;floods;war;acts of terrorism;strike;lockout;labor disturbances; inability to obtain goods;fuel or equipment shortages or failures in production,production equipment or contingencies of transportation;laws;orders;or any act or request of government, provided that written notice of such interference shall be given to the other party as promptly as practicable of the nature and probable duration of same. The party whose performance is excused shall use its reasonable best efforts to resume performance at the earliest practicable date, provided that the settlement of any strike or labor dispute shall be within the sole discretion of the party involved in such labor dispute and the failure by any party to prevent or settle any strike or labor dispute shall not be considered to be a matter within the control of the party claiming Force Majeure hereunder. ENTIRE CONTRACT: GOVERNING LAW: This invoice,together with any separate written contract between the parties hereto,if any,shall constitute the entire contract of sale and purchase of the goods sold hereunder. All questions relating to the validity,interpretation or performance of this contract shall be determined in accordance with the laws of the State of Illinois relating to contracts made and to be performed in that State,without regard to the State's conflicts of laws.All disputes arising out of this contract or performance thereof shall be litigated in a court of competent jurisdiction in Cook County,Illinois. MORTON SALT, INC. UPC 24600 PAGE: A K+S Group Company •/ CSF SALES REP. DATE INVOICE NUMBER 020 Turner A MAR 20, 2014 5400418578 123 North Wacker Drive, Chicago,IL 60606-1743 PURCHASE ORDER NO. RELEASE NUMBER P.O. BOX 93052 W14003 CHICAGO, IL 60673-3052 Customer Service: Lopez M TERMS: 30 days net cash after dte inv Tel: +1 (630) 861-2711 ADDITIONAL TERMS AND MARKETING PROVISIONS ON REVERSE SIDE CUSTOMER NO.: 5378073 3677676 B S Carmel Water H Carmel Water-Plant 3 L 3450 W 131 St 1 4425 E. 126th Street L Carmel IN 46074 P Carmel IN 46074 T T 0 0 CREDIT DATE SHIPPED SHIPPED VIA FOB SHIPPED FROM BILL OF LADING N0. MORTON ORDER NO. MAR 20, 2014 RIVERBEND TRAN CONSIGNE CINCY MORTON WHS 5100440755 QTY U/M Code *--------Description--------* Price Extension Net 24.56 STO F14489000OZ Bulk Rock White Crystal Coarse S 81.69 2,006.30 2,006.30 Load B/L No. Ticket no. Weight Shipped date =00151'2'8036 ross Proaucot Tax $ 0.00 2,006.30 , $ 2,006.30 htonW Sad. - - - UtEDIT Total Net Weight 49,120 LB Total Unit Weight 49,120 LB a n ORIGINAL TERMS AND CONDITIONS All price quotations and sales are subject to the following terms and conditions: PRICES AND TERMS OF PAYMENTS: 1. Sales are F.O.B.SELLER'S plant or warehouse.If shipment is to be arranged by SELLER for BUYER'S account,the freight charges to BUYER will be based on SELLER'S freight rates;such rates may represent an average of carrier rates and may or may not include carrier surcharges and/or volume discounts. Shipments will be made with freight charges collect or, at SELLER'S option, freight will be prepaid and billed to BUYER. Stopoff charges and other accessorial charges must be paid by BUYER. On pooled shipments,delivered costs for the entire shipment may be based on the highest freight rate applicable to any of the stopoff points. 2. All orders are subject to any production,processing,sales,use,transportation,and all other taxes(excluding those taxes based on SELLER'S income),dues and duties now in effect or hereafter imposed, which are to be paid by BUYER. Additionally, BUYER shall be responsible for all tax liabilities resulting from any allowances given by SELLER. 3. Net cash payable within 30 days after date of invoice. All invoices payable at P.O. Box 93052, Chicago, Illinois, 60673, unless otherwise designated on the invoice. BUYER will pay a 1 1/2%per month surcharge upon any invoice not paid within thirty(30)days. Such a surcharge does not constitute a further extension of credit but rather is an agreed upon measure of SELLER'S damages for delay in payment and from BUYER'S default hereunder,in addition to any other remedies that SELLER may be entitled to at law,in equity or pursuant to any written agreement between the parties. On bulk shipments,SELLER'S weights at shipping origin,based on the bill of lading quantity, shall govern pricing. 4. The SELLER reserves the right upon notice to BUYER to condition any future shipments(including those previously ordered or in transit)upon SELLER'S receipt of cash, certified or cashier's check in the amount of the invoice prices of such shipments and inclusive of all freight. SELLER may, upon notice to BUYER, condition all future shipments (including those in transit or previously on order) upon BUYER'S execution of documents in form satisfactory to SELLER, granting SELLER a first perfected security interest in assets which SELLER in its sole discretion believes sufficient to collateralize the outstanding account balance. The foregoing remedies are in addition to and not in lieu of SELLER'S rights under Article 2 of the Uniform Commercial Code as enacted in Illinois. BUYER agrees from time to time to supply SELLER with such financial information relative to BUYER'S operations as may be deemed relevant by SELLER for determining BUYER'S credit worthiness. BUYER'S order or its execution of any written agreement with SELLER(if applicable)shall be deemed a written representation that BUYER is solvent,which representation shall be deemed renewed by each order made by BUYER subsequent to the initial order or written agreement date,as applicable. Any sales made to BUYER by SELLER hereunder are made in reliance upon BUYER'S representation of its solvency. NOTICE OF PRICE INCREASE: It is our intent to publish price increases to our customers thirty(30)days prior to their effective date. We reserve the right,however,to publish price increases without notice. POST AUDITS: SELLER limits the period of post audit to no longer than two(2)years from date of invoice. WARRANTIES: SELLER warrants that the goods sold hereunder are merchantable. SELLER warrants that the goods shall be fit for a particular purpose, provided only if SELLER at the time of contracting receives written notification of:(1)the particular purpose for which the goods are required,and(2)that BUYER is relying on SELLER'S skill or judgment to select or furnish suitable goods.SELLER warrants that the goods sold hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938,as amended,and further that it has not incorporated in the goods sold hereunder any goods known by it to have been produced in violation of said Act. EXCEPT AS EXPRESSLY STATED IN THE FOREGOING, SELLER MAKES AND HAS MADE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ASSUMPTION OF RISK AND LIABILITY LIMITATIONS: 1. BUYER assumes the risk for results obtained from the use of the goods sold hereunder,whether used alone or in combination with other products. BUYER assumes,and promises to indemnify and hold SELLER harmless from,any liability,loss,cost,damage and expense arising out of or in connection with the use or sale by BUYER or by any subsequent owner or user of the goods sold hereunder, including any infringement claim, except to the extent such is directly caused by the SELLER'S negligence in the manufacture or sale of the goods sold hereunder. The sale of the goods hereunder is not to be construed as a recommendation for their use in violation of any patents, applicable laws or regulations.Any technical information furnished by SELLER is offered as a service and is given gratuitously,but BUYER assumes all risks in relying upon such information. 2. SELLER'S liability under this sale shall be limited to the replacement of any improper or defective goods or the return of the purchase price thereof,at SELLER'S option, and in no event shall SELLER be liable to BUYER or any subsequent owner or user of the goods sold hereunder for any incidental,indirect or consequential damages,and in no event in an amount in excess of the invoice amount of the goods in question sold hereunder. 3. SELLER is not responsible for damage to goods in transit. In the event shipping is arranged by SELLER, SELLER will process claims for loss or damage on BUYER'S behalf only if supported by proof of loss or damage satisfactory to SELLER. FORCE MAJEURE: If the performance by any party of any obligation under this invoice(or related written contract,if any)is prevented,hindered or delayed,in whole or in part,by as event of Force Majeure,other than the obligation to make money payments then due and owing,the party so affected shall be excused from nonperformance to the extent that performance is prevented,hindered,or delayed by such event of Force Majeure. This invoice(and related written contract,if any)shall be deemed to be suspended during the continuance of the Force Majeure, but only to the extent and for the period of time that performance is actually prevented or delayed as a direct result of Force Majeure. "Force Maieure"means any cause beyond the reasonable control of any party that impedes a party's performance hereunder,including,but not limited to,any act of God or the public enemy;fires;explosion;sabotage; perils of the sea;embargoes;accidents; riots;floods;war;acts of terrorism;strike; lockout;labor disturbances;inability to obtain goods;fuel or equipment shortages or failures in production,production equipment or contingencies of transportation;laws;orders;or any act or request of government, provided that written notice of such interference shall be given to the other party as promptly as practicable of the nature and probable duration of same. The party whose performance is excused shall use its reasonable best efforts to resume performance at the earliest practicable date,provided that the settlement of any strike or labor dispute shall be within the sole discretion of the party involved in such labor dispute and the failure by any party to prevent or settle any strike or labor dispute shall not be considered to be a matter within the control of the party claiming Force Majeure hereunder. ENTIRE CONTRACT: GOVERNING LAW: This invoice,together with any separate written contract between the parties hereto,if any,shall constitute the entire contract of sale and purchase of the goods sold hereunder. All questions relating to the validity,interpretation or performance of this contract shall be determined in accordance with the laws of the State of Illinois relating to contracts made and to be performed in that State,without regard to the State's conflicts of laws.All disputes arising out of this contract or performance thereof shall be litigated in a court of competent jurisdiction in Cook County,Illinois. -----— MORON SALT, INC. % UPC 24600 PAGE: 1 A K+S Group Company ./ CSF SALES REP. DATE INVOICE NUMBER 020 Turner A MAR 19, 2014 5400417643 123 North Wacker Drive, Chicago,IL 60606-1743 PURCHASE ORDER NO. RELEASE NUMBER P.O. BOX 93052 W14 5 CEMESM Z2 CHICAGO, IL 60673-3052 Customer Service: Lopez M TERMS: 30 days net cash after dte inv Tel: +1 (630) 861-2711 ADDITIONAL TERMS AND MARKETING PROVISIONS ON REVERSE SIDE CUSTOMER NO.: 5378073 3677688 B S Carmel Water H Carmel Water-Plant 5 L 3450 W 131 St I 5484 E. 126th Stree L Carmel IN 46074 P Carmel IN 46074 T T 0 0 CREDIT DATE SHIPPED SHIPPED VIA FOB SHIPPED FROM BILL OF LADING N0. MORTON ORDER NO. MAR 19, 2014 RIVERBEND TRAN CONSIGNE CINCY MORTON WHS I 5100440749 QTY U/M Code *--------Description--------* Price Extension Net 24.61 STO F14489000OZ Bulk Rock White Crystal Coarse S 81.69 2,010.39 2,010.39 Load B/L No. Ticket no. Weight Shipped date ' - 0015128Q14'— -- - ' _ 49-220 --LB -Mar`19,2014— T r ross Product Tot Tax $ 0.00 2,010.39 �.�,t����/ $ 2,010.39 {YN * 604 bgiq wS_nt� - -— - CREDIT �--� Total Net Weight 49,220 LB Total Unit Weight 49,220 LB 0 a m Cl ORIGINAL w� TERMS AND CONDITIONS All price quotations and sales are subject to the following terms and conditions: PRICES AND TERMS OF PAYMENTS: 1. Sales are F.O.B.SELLER'S plant or warehouse.If shipment is to be arranged by SELLER for BUYER'S account,the freight charges to BUYER will be based on SELLER'S freight rates;such rates may represent an average of carrier rates and may or may not include carrier surcharges and/or volume discounts. Shipments will be made with freight charges collect or, at SELLER'S option,freight will be prepaid and billed to BUYER. Stopoff charges and other accessorial charges must be paid by BUYER. On pooled shipments,delivered costs for the entire shipment may be based on the highest freight rate applicable to any of the stopoff points. 2. All orders are subject to any production,processing,sales,use,transportation,and all other taxes(excluding those taxes based on SELLER'S income),dues and duties now in effect or hereafter imposed, which are to be paid by BUYER. Additionally, BUYER shall be responsible for all tax liabilities resulting from any allowances given by SELLER. 3. Net cash payable within 30 days atter date of invoice. All invoices payable at P.O. Box 93052, Chicago, Illinois, 60673, unless otherwise designated on the invoice. BUYER will pay a 1 1/2%per month surcharge upon any invoice not paid within thirty(30)days. Such a surcharge does not constitute a further extension of credit but rather is an agreed upon measure of SELLER'S damages for delay in payment and from BUYER'S default hereunder,in addition to any other remedies that SELLER may be entitled to at law,in equity or pursuant to any written agreement between the parties. On bulk shipments,SELLER'S weights at shipping origin,based on the bill of lading quantity, shall govern pricing. 4. The SELLER reserves the right upon notice to BUYER to condition any future shipments(including those previously ordered or in transit)upon SELLER'S receipt of cash, certified or cashier's check in the amount of the invoice prices of such shipments and inclusive of all freight. SELLER may, upon notice to BUYER, condition all future shipments (including those in transit or previously on order) upon BUYER'S execution of documents in form satisfactory to SELLER, granting SELLER a first perfected security interest in assets which SELLER in its sole discretion believes sufficient to collateralize the outstanding account balance. The foregoing remedies are in addition to and not in lieu of SELLER'S rights under Article 2 of the Uniform Commercial Code as enacted in Illinois. BUYER agrees from time to time to supply SELLER with such financial information relative to BUYER'S operations as may be deemed relevant by SELLER for determining BUYER'S credit worthiness. BUYER'S order or its execution of any written agreement with SELLER(if applicable)shall be deemed a written representation that BUYER is solvent,which representation shall be deemed renewed by each order made by BUYER subsequent to the initial order or written agreement date,as applicable. Any sales made to BUYER by SELLER hereunder are made in reliance upon BUYER'S representation of its solvency. NOTICE OF PRICE INCREASE: It is our intent to publish price increases to our customers thirty(30)days prior to their effective date. We reserve the right,however,to publish price increases without notice. POST AUDITS: SELLER limits the period of post audit to no longer than two(2)years from date of invoice. WARRANTIES: SELLER warrants that the goods sold hereunder are merchantable. SELLER warrants that the goods shall be fit for a particular purpose, provided only if SELLER at the time of contracting receives written notification of:(1)the particular purpose for which the goods are required,and(2)that BUYER is relying on SELLER'S skill or judgment to select or furnish suitable goods.SELLER warrants that the goods sold hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938,as amended,and further that it has not incorporated in the goods sold hereunder any goods known by it to have been produced in violation of said Act. EXCEPT AS EXPRESSLY STATED IN THE FOREGOING, SELLER MAKES AND HAS MADE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ASSUMPTION OF RISK AND LIABILITY LIMITATIONS: 1. BUYER assumes the risk for results obtained from the use of the goods sold hereunder,whether used alone or in combination with other products. BUYER assumes,and promises to indemnify and hold SELLER harmless from,any liability,loss,cost,damage and expense arising out of or in connection with the use or sale by BUYER or by any subsequent owner or user of the goods sold hereunder, including any infringement claim, except to the extent such is directly caused by the SELLER'S negligence in the manufacture or sale of the goods sold hereunder. The sale of the goods hereunder is not to be construed as a recommendation for their use in violation of any patents, applicable laws or regulations.Any technical information furnished by SELLER is offered as a service and is given gratuitously,but BUYER assumes all risks in relying upon such information. 2. SELLER'S liability under this sale shall be limited to the replacement of any improper or defective goods or the return of the purchase price thereof,at SELLER'S option, and in no event shall SELLER be liable to BUYER or any subsequent owner or user of the goods sold hereunder for any incidental,indirect or consequential damages,and in no event in an amount in excess of the invoice amount of the goods in question sold hereunder. 3. SELLER is not responsible for damage to goods in transit. In the event shipping is arranged by SELLER, SELLER will process claims for loss or damage on BUYER'S behalf only if supported by proof of loss or damage satisfactory to SELLER. FORCE MAJEURE: If the performance by any party of any obligation under this invoice(or related written contract,if any)is prevented,hindered or delayed,in whole or in part,by as event of Force Majeure,other than the obligation to make money payments then due and owing,the party so affected shall be excused from nonperformance to the extent that performance is prevented,hindered,or delayed by such event of Force Majeure. This invoice(and related written contract,if any)shall be deemed to be suspended during the continuance of the Force Majeure, but only to the extent and for the period of time that performance is actually prevented or delayed as a direct result of Force Majeure. "Force Maieure"means any cause beyond the reasonable control of any party that impedes a party's performance hereunder,including,but not limited to,any act of God or the public enemy;fires;explosion;sabotage;perils of the sea; embargoes;accidents; riots;floods;war;acts of terrorism;strike;lockout;labor disturbances;inability to obtain goods;fuel or equipment shortages or failures in production,production equipment or contingencies of transportation;laws;orders;or any act or request of government, provided that written notice of such interference shall be given to the other party as promptly as practicable of the nature and probable duration of same. The party whose performance is excused shall use its reasonable best efforts to resume performance at the earliest practicable date, provided that the settlement of any strike or labor dispute shall be within the sole discretion of the parry involved in such labor dispute and the failure by any party to prevent or settle any strike or labor dispute shall not be considered to be a matter within the control of the party claiming Force Majeure hereunder. ENTIRE CONTRACT: GOVERNING LAW: This invoice,together with any separate written contract between the parties hereto,if any,shall constitute the entire contract of sale and purchase of the goods sold hereunder. All questions relating to the validity,interpretation or performance of this contract shall be determined in accordance with the laws of the State of Illinois relating to contracts made and to be performed in that State,without regard to the State's conflicts of laws.All disputes arising out of this contract or performance thereof shall be litigated in a court of competent jurisdiction in Cook County,Illinois. ®k1EID®NV C�r�LSll9 �I1V�o � /•r/�/"UPC 2460O PAGE: � A K+S Group Company •/: CSF SALES REP. DATE INVOICE NUMBER X020 Turner A MAR 21, 2014 5400419603 123 North Wacker Drive, Chicago, IL 60606-1743 PUR ORDE 0. RELEASE NUMBER P.O. BOX 93052 4005 CBMEMMCHICAGO, IL 60673-3052 Customer Service: Lopez M TERMS: 30 days net cash after dte inv Tel: +1 (630) 861-2711 ADDITIONAL TERMS AND MARKETING PROVISIONS ON REVERSE SIDE CUSTOMER NO: 5378073 3677688 B S Carmel Water H Carmel Water-Plant 5 L 3450 W 131 St 1 5484 E. 126th Stree L Carmel IN 46074 P Carmel IN 46074 T T 0 0 CREDIT DATE SHIPPED SHIPPED VIA FOB SHIPPED FROM BILL OF LADING NO. MORTON ORDER NO. MAR 21, 2014 RIVERBEND TRAN CONSIGNE CINCY MORTON WHS 5100452141 QTY U/M Code *--------Description--------* Price Extension Net 24.80 STO F144890000Z Bulk Rock White Crystal Coarse S 81.69 2,025.91 2,025.91 Load B/L No. Ticket no. Weight Shipped date - - O0151:63694 "' - - — - - `"- "-49,600---LB--"—Niar 2i, 2014` r Cyt, w--$-------Gross ProductProduct of Tax 0.00 2,025.91 E $2,025.91 ----------------- CFi£017 -- . Total Net Weight 49,600 LB Total Unit Weight 49,600 LB 0 a _n - - - - - - - - - - - - - - - - - - - - - • - - - - - - - - ORIGINAL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TERMS AND CONDITIONS All price quotations and sales are subject to the following terms and conditions: PRICES AND TERMS OF PAYMENTS: 1. Sales are F.O.B.SELLER'S plant or warehouse.If shipment is to be arranged by SELLER for BUYER'S account,the freight charges to BUYER will be based on SELLER'S freight rates; such rates may represent an average of carrier rates and may or may not include carrier surcharges and/or volume discounts. Shipments will be made with freight charges collect or, at SELLER'S option, freight will be prepaid and billed to BUYER. Stopoff charges and other accessorial charges must be paid by BUYER. On pooled shipments,delivered costs for the entire shipment may be based on the highest freight rate applicable to any of the stopoff points. 2. All orders are subject to any production,processing,sales,use,transportation,and all other taxes(excluding those taxes based on SELLER'S income),dues and duties now in effect or hereafter imposed, which are to be paid by BUYER. Additionally, BUYER shall be responsible for all tax liabilities resulting from any allowances given by SELLER. 3. Net cash payable within 30 days after date of invoice. All invoices payable at P.O. Box 93052, Chicago, Illinois, 60673, unless otherwise designated on the invoice. BUYER will pay a 1 1/2%per month surcharge upon any invoice not paid within thirty(30)days. Such a surcharge does not constitute a further extension of credit but rather is an agreed upon measure of SELLER'S damages for delay in payment and from BUYER'S default hereunder,in addition to any other remedies that SELLER may be entitled to at law, in equity or pursuant to any written agreement between the parties. On bulk shipments,SELLER'S weights at shipping origin,based on the bill of lading quantity, shall govern pricing. 4. The SELLER reserves the right upon notice to BUYER to condition any future shipments(including those previously ordered or in transit)upon SELLER'S receipt of cash, certified or cashier's check in the amount of the invoice prices of such shipments and inclusive of all freight. SELLER may, upon notice to BUYER, condition all future shipments (including those in transit or previously on order) upon BUYER'S execution of documents in form satisfactory to SELLER, granting SELLER a first perfected security interest in assets which SELLER in its sole discretion believes sufficient to collateralize the outstanding account balance. The foregoing remedies are in addition to and not in lieu of SELLER'S rights under Article 2 of the Uniform Commercial Code as enacted in Illinois. BUYER agrees from time to time to supply SELLER with such financial information relative to BUYER'S operations as may be deemed relevant by SELLER for determining BUYER'S credit worthiness. BUYER'S order or its execution of any written agreement with SELLER(if applicable)shall be deemed a written representation that BUYER is solvent,which representation shall be deemed renewed by each order made by BUYER subsequent to the initial order or written agreement date,as applicable. Any sales made to BUYER by SELLER hereunder are made in reliance upon BUYER'S representation of its solvency. NOTICE OF PRICE INCREASE: It is our intent to publish price increases to our customers thirty(30)days prior to their effective date. We reserve the right,however,to publish price increases without notice. POST AUDITS: SELLER limits the period of post audit to no longer than two(2)years from date of invoice. WARRANTIES: SELLER warrants that the goods sold hereunder are merchantable. SELLER warrants that the goods shall be fit for a particular purpose, provided only if SELLER at the time of contracting receives written notification of:(1)the particular purpose for which the goods are required,and(2)that BUYER is relying on SELLER'S skill or judgment to select or furnish suitable goods. SELLER warrants that the goods sold hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938,as amended,and further that it has not incorporated in the goods sold hereunder any goods known by it to have been produced in violation of said Act. EXCEPT AS EXPRESSLY STATED IN THE FOREGOING, SELLER MAKES AND HAS MADE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ASSUMPTION OF RISK AND LIABILITY LIMITATIONS: 1. BUYER assumes the risk for results obtained from the use of the goods sold hereunder,whether used alone or in combination with other products. BUYER assumes,and promises to indemnify and hold SELLER harmless from,any liability,loss,cost,damage and expense arising out of or in connection with the use or sale by BUYER or by any subsequent owner or user of the goods sold hereunder, including any infringement claim, except to the extent such is directly caused by the SELLER'S negligence in the manufacture or sale of the goods sold hereunder. The sale of the goods hereunder is not to be construed as a recommendation for their use in violation of any patents, applicable laws or regulations.Any technical information furnished by SELLER is offered as a service and is given gratuitously,but BUYER assumes all risks in relying upon such information. 2. SELLER'S liability under this sale shall be limited to the replacement of any improper or defective goods or the return of the purchase price thereof,at SELLER'S option, and in no event shall SELLER be liable to BUYER or any subsequent owner or user of the goods sold hereunder for any incidental,indirect or consequential damages,and in no event in an amount in excess of the invoice amount of the goods in question sold hereunder. 3. SELLER is not responsible for damage to goods in transit. In the event shipping is arranged by SELLER, SELLER will process claims for loss or damage on BUYER'S behalf only if supported by proof of loss or damage satisfactory to SELLER. FORCE MAJEURE: If the performance by any party of any obligation under this invoice(or related written contract,if any)is prevented,hindered or delayed,in whole or in part,by as event of Force Majeure,other than the obligation to make money payments then due and owing,the party so affected shall be excused from nonperformance to the extent that performance is prevented,hindered,or delayed by such event of Force Majeure. This invoice(and related written contract,if any)shall be deemed to be suspended during the continuance of the Force Majeure, but only to the extent and for the period of time that performance is actually prevented or delayed as a direct result of Force Majeure. "Force Maieure"means any cause beyond the reasonable control of any party that impedes a party's performance hereunder,including,but not limited to,any act of God or the public enemy;fires;explosion;sabotage;perils of the sea;embargoes;accidents;riots;floods;war;acts of terrorism;strike;lockout; labor disturbances;inability to obtain goods;fuel or equipment shortages or failures in production,production equipment or contingencies of transportation;laws;orders;or any act or request of government, provided that written notice of such interference shall be given to the other party as promptly as practicable of the nature and probable duration of same. The party whose performance is excused shall use its reasonable best efforts to resume performance at the earliest practicable date,provided that the settlement of any strike or labor dispute shall be within the sole discretion of the party involved in such labor dispute and the failure by any party to prevent or settle any strike or labor dispute shall not be considered to be a matter within the control of the party claiming Force Majeure hereunder. ENTIRE CONTRACT: GOVERNING LAW: This invoice,together with any separate written contract between the parties hereto,if any,shall constitute the entire contract of sale and purchase of the goods sold hereunder. All questions relating to the validity,interpretation or performance of this contract shall be determined in accordance with the laws of the State of Illinois relating to contracts made and to be performed in that State,without regard to the State's conflicts of laws.All disputes arising out of this contract or performance thereof shall be litigated in a court of competent jurisdiction in Cook County,Illinois. MORMN N SAng ONC. „ UPC 24600 PAGE: 1 A K+S Group Company CSF SALES REP. DATE INVOICE NUMBER X020 Turner A MAR 24, 2014 1 5400420807 123 North Wacker Drive, Chicago, IL 60606-1743 PURCH RDE 0. RELEASE NUMBER MEMM1 P.O. BOX 93052 W1 005 CHICAGO, IL 60673-3052 Customer Se e: Lopez M TERMS 30 days net cash after dte inv Tel: +1 (630) 861-2711 ADDITIONAL TERMS AND MARKETING PROVISIONS ON REVERSE SIDE CUSTOMER NO.: 5378073 3677688 B S Carmel Water H Carmel Water-Plant 5 L 3450 W 131 St 1 5484 E. 126th Stree L Carmel IN 46074 P Carmel IN 46074 T T 0 0 CREDIT DATE SHIPPED SHIPPED VIA FOB SHIPPED FROM BILL OF LADING N0. MORTON ORDER NO. MAR 24, 2014 RIVER13END TRAN I CONSIGNE I CINCY MORTON WHS 1 5100452143 QTY U/M Code *--------Description--------* Price Extension Net 25.56 STO F144890000Z Bulk Rock White Crystal Coarse S 81.69 2,087.99 2,087.99 Load B/L No. Ticket no. Weight Shipped date - - "0015163700 - - 51,120• -LB --Mar 24, 20i4' —`- - " Gross ro uc Tot Tax $ 0.00 2,087.99 1 1 S2,087.99 OEL'IT -- Total Net Weight 51,120 LB Total Unit Weight 51,120 LB CJ 0 a --o, - - ... - - - - - - - - - - - - - - - - - - - - - - - - - - - ORIGINAL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .. - - TERMS AND CONDITIONS All price quotations and sales are subject to the following terms and conditions: PRICES AND TERMS OF PAYMENTS: 1. Sales are F.O.B.SELLER'S plant or warehouse.If shipment is to be arranged by SELLER for BUYER'S account,the freight charges to BUYER will be based on SELLER'S freight rates; such rates may represent an average of carrier rates and may or may not include carrier surcharges and/or volume discounts. Shipments will be made with freight charges collect or, at SELLER'S option,freight will be prepaid and billed to BUYER. Stopoff charges and other accessorial charges must be paid by BUYER. On pooled shipments,delivered costs for the entire shipment may be based on the highest freight rate applicable to any of the stopoff points. 2. All orders are subject to any production,processing,sales,use,transportation,and all other taxes(excluding those taxes based on SELLER'S income),dues and duties now in effect or hereafter imposed,which are to be paid by BUYER. Additionally, BUYER shall be responsible for all tax liabilities resulting from any allowances given by SELLER. 3. Net cash payable within 30 days after date of invoice. All invoices payable at P.O. Box 93052, Chicago, Illinois, 60673, unless otherwise designated on the invoice. BUYER will pay a 1 1/2%per month surcharge upon any invoice not paid within thirty(30)days. Such a surcharge does not constitute a further extension of credit but rather is an agreed upon measure of SELLER'S damages for delay in payment and from BUYER'S default hereunder,in addition to any other remedies that SELLER may be entitled to at law,in equity or pursuant to any written agreement between the parties. On bulk shipments, SELLER'S weights at shipping origin,based on the bill of lading quantity, shall govern pricing. 4. The SELLER reserves the right upon notice to BUYER to condition any future shipments(including those previously ordered or in transit)upon SELLER'S receipt of cash, certified or cashier's check in the amount of the invoice prices of such shipments and inclusive of all freight. SELLER may, upon notice to BUYER, condition all future shipments (including those in transit or previously on order) upon BUYER'S execution of documents in form satisfactory to SELLER. granting SELLER a first perfected security interest in assets which SELLER in its sole discretion believes sufficient to collateralize the outstanding account balance. The foregoing remedies are in addition to and not in lieu of SELLER'S rights under Article 2 of the Uniform Commercial Code as enacted in Illinois. BUYER agrees from time to time to supply SELLER with such financial information relative to BUYER'S operations as may be deemed relevant by SELLER for determining BUYER'S credit worthiness. BUYER'S order or its execution of any written agreement with SELLER(if applicable)shall be deemed a written representation that BUYER is solvent,which representation shall be deemed renewed by each order made by BUYER subsequent to the initial order or written agreement date,as applicable. Any sales made to BUYER by SELLER hereunder are made in reliance upon BUYER'S representation of its solvency. NOTICE OF PRICE INCREASE: It is our intent to publish price increases to our customers thirty(30)days prior to their effective date. We reserve the right,however,to publish price increases without notice. POST AUDITS: SELLER limits the period of post audit to no longer than two(2)years from date of invoice. WARRANTIES: SELLER warrants that the goods sold hereunder are merchantable. SELLER warrants that the goods shall be fit for a particular purpose,provided only if SELLER at the time of contracting receives written notification of:(1)the particular purpose for which the goods are required,and(2)that BUYER is relying on SELLER'S skill or judgment to select or furnish suitable goods.SELLER warrants that the goods sold hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938,as amended,and further that it has not incorporated in the goods sold hereunder any goods known by it to have been produced in violation of said Act. EXCEPT AS EXPRESSLY STATED IN THE FOREGOING, SELLER MAKES AND HAS MADE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ASSUMPTION OF RISK AND LIABILITY LIMITATIONS: 1. BUYER assumes the risk for results obtained from the use of the goods sold hereunder,whether used alone or in combination with other products. BUYER assumes,and promises to indemnify and hold SELLER harmless from,any liability,loss,cost,damage and expense arising out of or in connection with the use or sale by BUYER or by any subsequent owner or user of the goods sold hereunder, including any infringement claim, except to the extent such is directly caused by the SELLER'S negligence in the manufacture or sale of the goods sold hereunder. The sale of the goods hereunder is not to be construed as a recommendation for their use in violation of any patents, applicable laws or regulations.Any technical information furnished by SELLER is offered as a service and is given gratuitously,but BUYER assumes all risks in relying upon such information. 2. SELLER'S liability under this sale shall be limited to the replacement of any improper or defective goods or the return of the purchase price thereof,at SELLER'S option, and in no event shall SELLER be liable to BUYER or any subsequent owner or user of the goods sold hereunder for any incidental,indirect or consequential damages,and in no event in an amount in excess of the invoice amount of the goods in question sold hereunder. 3. SELLER is not responsible for damage to goods in transit. In the event shipping is arranged by SELLER, SELLER will process claims for loss or damage on BUYER'S behalf only if supported by proof of loss or damage satisfactory to SELLER. FORCE MAJEURE: If the performance by any party of any obligation under this invoice(or related written contract,if any)is prevented,hindered or delayed,in whole or in part,by as event of Force Majeure,other than the obligation to make money payments then due and owing,the party so affected shall be excused from nonperformance to the extent that performance is prevented,hindered,or delayed by such event of Force Majeure. This invoice(and related written contract,if any)shall be deemed to be suspended during the continuance of the Force Majeure, but only to the extent and for the period of time that performance is actually prevented or delayed as a direct result of Force Majeure. "Force Maieure"means any cause beyond the reasonable control of any party that impedes a party's performance hereunder,including,but not limited to,any act of God or the public enemy;fires; explosion;sabotage;perils of the sea;embargoes;accidents;riots;floods;war;acts of terrorism;strike;lockout;labor disturbances;inability to obtain goods;fuel or equipment shortages or failures in production, production equipment or contingencies of transportation;laws;orders;or any act or request of government, provided that written notice of such interference shall be given to the other party as promptly as practicable of the nature and probable duration of same. The party whose performance is excused shall use its reasonable best efforts to resume performance at the earliest practicable date,provided that the settlement of any strike or labor dispute shall be within the sole discretion of the parry involved in such labor dispute and the failure by any party to prevent or settle any strike or labor dispute shall not be considered to be a matter within the control of the party claiming Force Majeure hereunder. ENTIRE CONTRACT; GOVERNING LAW: This invoice,together with any separate written contract between the parties hereto,if any,shall constitute the entire contract of sale and purchase of the goods sold hereunder. All questions relating to the validity,interpretation or performance of this contract shall be determined in accordance with the laws of the State of Illinois relating to contracts made and to be performed in that State,without regard to the State's conflicts of laws.All disputes arising out of this contract or performance thereof shall be litigated in a court of competent jurisdiction in Cook County,Illinois. MORTON SALT, INC. ,, %;,UPC 24600 PAGE: � A K+S Group Company CSF SALES REP. DATE INVOICE NUMBER 020 Turner A MAR 11, 2014 1 5400411089 123 North Wacker DliVe, Chicago,IL 60606-1743 PURCH ER NO. RELEASE NUMBER P.0'.' BOX 93052 W1 005 CHICAGO, IL 60673-3052 Customer Service: Lopez M TERMS: 30 days net cash after dte inv Tel: +1 (630) 861-2711 ADDITIONAL TERMS AND MARKETING PROVISIONS ON REVERSE SIDE CUSTOMER ND.: 5378073 3677688 B S I Carmel Water H Carmel Water-Plant 5 L 3450 W 131 St I 5484 E. 126th Stree L Carmel IN 46074 P Carmel IN 46074 T T 0 0 CREDIT � DATE SHIPPED SHIPPED VIA FOB SHIPPED FROM BILL OF LADING N0. MORTON ORDER N0. MAR 11, 2014 RIVERBEND TRAN CONSIGNE CINCY MORTON WHS 5100440747 QTY U/M Code *--------Description--------* Price Extension Net 24.53 STO F14489000OZ Bulk Rock White Crystal Coarse S 81.69 2,003.85 2,003.85 Load B/L No. Ticket no. r Weight Shipped date — `0015128013 -�— - - f;- { - -49-,060- LB- --Mar i lot lax 0.00 2,003.85 F F $2,003.85 you 60t klyliq Saft CREDIT Total Net Weight 49,060 LB Total Unit Weight 49,060 LB 0 a ORIGINAL TERMS AND CONDITIONS All price quotations and sales are subject to the following terms and conditions: PRICES AND TERMS OF PAYMENTS: 1. Sales are F.O.B.SELLER'S plant or warehouse.If shipment is to be arranged by SELLER for BUYER'S account,the freight charges to BUYER will be based on SELLER'S freight rates; such rates may represent an average of carrier rates and may or may not include carrier surcharges and/or volume discounts. Shipments will be made with freight charges collect or, at SELLER'S option, freight will be prepaid and billed to BUYER. Stopoff charges and other accessorial charges must be paid by BUYER. On pooled shipments,delivered costs for the entire shipment may be based on the highest freight rate applicable to any of the stopoff points. 2. All orders are subject to any production,processing,sales,use,transportation,and all other taxes(excluding those taxes based on SELLER'S income),dues and duties now in effect or hereafter imposed, which are to be paid by BUYER. Additionally, BUYER shall be responsible for all tax liabilities resulting from any allowances given by SELLER. 3. Net cash payable within 30 days after date of invoice. All invoices payable at P.O. Box 93052, Chicago, Illinois, 60673, unless otherwise designated on the invoice. BUYER will pay a 1 1/2%per month surcharge upon any invoice not paid within thirty(30)days. Such a surcharge does not constitute a further extension of credit but rather is an agreed upon measure of SELLER'S damages for delay in payment and from BUYER'S default hereunder,in addition to any other remedies that SELLER may be entitled to at law,in equity or pursuant to any written agreement between the parties. On bulk shipments,SELLER'S weights at shipping origin,based on the bill of lading quantity, shall govern pricing. 4. The SELLER reserves the right upon notice to BUYER to condition any future shipments(including those previously ordered or in transit)upon SELLER'S receipt of cash, certified or cashier's check in the amount of the invoice prices of such shipments and inclusive of all freight. SELLER may, upon notice to BUYER, condition all future shipments (including those in transit or previously on order) upon BUYER'S execution of documents in form satisfactory to SELLER, granting SELLER a first perfected security interest in assets which SELLER in its sole discretion believes sufficient to collateralize the outstanding account balance. The foregoing remedies are in addition to and not in lieu of SELLER'S rights under Article 2 of the Uniform Commercial Code as enacted in Illinois. BUYER agrees from time to time to supply SELLER with such financial information relative to BUYER'S operations as may be deemed relevant by SELLER for determining BUYER'S credit worthiness. BUYER'S order or its execution of any written agreement with SELLER(if applicable)shall be deemed a written representation that BUYER is solvent,which representation shall be deemed renewed by each order made by BUYER subsequent to the initial order or written agreement date,as applicable. Any sales made to BUYER by SELLER hereunder are made in reliance upon BUYER'S representation of its solvency. NOTICE OF PRICE INCREASE: It is our intent to publish price increases to our customers thirty(30)days prior to their effective date. We reserve the right,however,to publish price increases without notice. POST AUDITS: SELLER limits the period of post audit to no longer than two(2)years from date of invoice. WARRANTIES: SELLER warrants that the goods sold hereunder are merchantable. SELLER warrants that the goods shall be fit for a particular purpose, provided only if SELLER at the time of contracting receives written notification of:(1)the particular purpose for which the goods are required,and(2)that BUYER is relying on SELLER'S skill or judgment to select or furnish suitable goods. SELLER warrants that the goods sold hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938,as amended,and further that it has not incorporated in the goods sold hereunder any goods known by it to have been produced in violation of said Act. EXCEPT AS EXPRESSLY STATED IN THE FOREGOING, SELLER MAKES AND HAS MADE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ASSUMPTION OF RISK AND LIABILITY LIMITATIONS: 1. BUYER assumes the risk for results obtained from the use of the goods sold hereunder,whether used alone or in combination with other products. BUYER assumes,and promises to indemnity and hold SELLER harmless from,any liability,loss,cost,damage and expense arising out of or in connection with the use or sale by BUYER or by any subsequent owner or user of the goods sold hereunder, including any infringement claim, except to the extent such is directly caused by the SELLER'S negligence in the manufacture or sale of the goods sold hereunder. The sale of the goods hereunder is not to be construed as a recommendation for their use in violation of any patents, applicable laws or regulations.Any technical information furnished by SELLER is offered as a service and is given gratuitously,but BUYER assumes all risks in relying upon such information. 2. SELLER'S liability under this sale shall be limited to the replacement of any improper or defective goods or the return of the purchase price thereof,at SELLER'S option, and in no event shall SELLER be liable to BUYER or any subsequent owner or user of the goods sold hereunder for any incidental,indirect or consequential damages,and in no event in an amount in excess of the invoice amount of the goods in question sold hereunder. 3. SELLER is not responsible for damage to goods in transit. In the event shipping is arranged by SELLER, SELLER will process claims for loss or damage on BUYER'S behalf only if supported by proof of loss or damage satisfactory to SELLER. FORCE MAJEURE: If the performance by any party of any obligation under this invoice(or related written contract,if any)is prevented,hindered or delayed,in whole or in part,by as event of Force Majeure,other than the obligation to make money payments then due and owing,the party so affected shall be excused from nonperformance to the extent that performance is prevented,hindered,or delayed by such event of Force Majeure. This invoice(and related written contract,if any)shall be deemed to be suspended during the continuance of the Force Majeure, but only to the extent and for the period of time that performance is actually prevented or delayed as a direct result of Force Majeure. "Force Maieure"means any cause beyond the reasonable control of any party that impedes a party's performance hereunder,including,but not limited to,any act of God or the public enemy;fires;explosion;sabotage; perils of the sea;embargoes;accidents;riots;floods;war;acts of terrorism;strike;lockout; labor disturbances; inability to obtain goods;fuel or equipment shortages or failures in production,production equipment or contingencies of transportation;laws;orders;or any act or request of government, provided that written notice of such interference shall be given to the other parry as promptly as practicable of the nature and probable duration of same. The party whose performance is excused shall use its reasonable best efforts to resume performance at the earliest practicable date, provided that the settlement of any strike or labor dispute shall be within the sole discretion of the party involved in such labor dispute and the failure by any party to prevent or settle any strike or labor dispute shall not be considered to be a matter within the control of the party claiming Force Majeure hereunder. ENTIRE CONTRACT; GOVERNING LAW: This invoice,together with any separate written contract between the parties hereto,if any,shall constitute the entire contract of sale and purchase of the goods sold hereunder. All questions relating to the validity,interpretation or performance of this contract shall be determined in accordance with the laws of the State of Illinois relating to contracts made and to be performed in that State,without regard to the State's conflicts of laws.All disputes arising out of this contract or performance thereof shall be litigated in a court of competent jurisdiction in Cook County,Illinois. ��p���m��np am n�np R©U�S I amug ON& ' "/ /� UPC 24600 �� 4 PAGE: A K.S Group Company .% CSF SALES REP. DATE INVOICE NUMBER X020 Turner A MAR 24, 2014 5400420806 123 North Wacker Drive, Chicago, IL 60606-1743 PURCHASE ORD R NO. RELEASE NUMBER 1 P.O. BOX 93052 W140' CHICAGO, IL 60673-3052 Customer Service: Lopez M TERMS 30 days net cash after dte inv Tel: +1 (630) 861-2711 ADDITIONAL TERMS AND MARKETING PROVISIONS ON REVERSE SIDE CUSTOMER NO.. 5378073 3677675 B S I Carmel Water H Carmel Water-Plant 1 L 3450 W 131 St I 4915 E 106th Street L Carmel IN 46074 P Carmel IN 46074 T T 0 0 CREDIT DATE SHIPPED SHIPPED VIA FOB SHIPPED FROM BILL OF LADING NO. MORTON ORDER NO. MAR 24, 2014 RIVERBEND TRAN I CONSIGNE CINCY MORTON WHS 1 5100452145 QTY U/M Code *--------Description--------* Price Extension Net 24.77 STO F14489000OZ Bulk Rock White Crystal Coarse S 81.69 2,023.46 2,023.46 Load B/L No. Ticket no. Weight Shipped date 0015163701 49,540 LB Mar 24, 2014 Pronio/Al Gross Pro uct Tot Tax $ 0.00 2,023.46 1 1 g?; $2,023.46 -- — you 6&, * UID 4m Saft CREDIT Total Net Weight 49,540 LB Total Unit Weight 49,540 LB 0 a ORIGINAL TERMS AND CONDITIONS All price quotations and sales are subject to the following terms and conditions: PRICES AND TERMS OF PAYMENTS: 1. Sales are F.O.B.SELLER'S plant or warehouse.If shipment is to be arranged by SELLER for BUYER'S account,the freight charges to BUYER will be based on SELLER'S freight rates; such rates may represent an average of carrier rates and may or may not include carrier surcharges and/or volume discounts. Shipments will be made with freight charges collect or, at SELLER'S option, freight will be prepaid and billed to BUYER. Stopoff charges and other accessorial charges must be paid by BUYER. On pooled shipments,delivered costs for the entire shipment may be based on the highest freight rate applicable to any of the stopoff points. 2. All orders are subject to any production,processing,sales,use,transportation,and all other taxes(excluding those taxes based on SELLER'S income),dues and duties now in effect or hereafter imposed, which are to be paid by BUYER. Additionally, BUYER shall be responsible for all tax liabilities resulting from any allowances given by SELLER. 3. Net cash payable within 30 days after date of invoice. All invoices payable at P.O. Box 93052, Chicago, Illinois, 60673, unless otherwise designated on the invoice. BUYER will pay a 1 1/2%per month surcharge upon any invoice not paid within thirty(30)days. Such a surcharge does not constitute a further extension of credit but rather is an agreed upon measure of SELLER'S damages for delay in payment and from BUYER'S default hereunder,in addition to any other remedies that SELLER may be entitled to at law, in equity or pursuant to any written agreement between the parties. On bulk shipments,SELLER'S weights at shipping origin,based on the bill of lading quantity, shall govern pricing. 4. The SELLER reserves the right upon notice to BUYER to condition any future shipments(including those previously ordered or in transit)upon SELLER'S receipt of cash, certified or cashier's check in the amount of the invoice prices of such shipments and inclusive of all freight. SELLER may, upon notice to BUYER, condition all future shipments (including those in transit or previously on order) upon BUYER'S execution of documents in form satisfactory to SELLER, granting SELLER a first perfected security interest in assets which SELLER in its sole discretion believes sufficient to collateralize the outstanding account balance. The foregoing remedies are in addition to and not in lieu of SELLER'S rights under Article 2 of the Uniform Commercial Code as enacted in Illinois. BUYER agrees from time to time to supply SELLER with such financial information relative to BUYER'S operations as may be deemed relevant by SELLER for determining BUYER'S credit worthiness. BUYER'S order or its execution of any written agreement with SELLER(if applicable)shall be deemed a written representation that BUYER is solvent,which representation shall be deemed renewed by each order made by BUYER subsequent to the initial order or written agreement date,as applicable. Any sales made to BUYER by SELLER hereunder are made in reliance upon BUYER'S representation of its solvency. NOTICE OF PRICE INCREASE: It is our intent to publish price increases to our customers thirty(30)days prior to their effective date. We reserve the right,however,to publish price increases without notice. POST AUDITS: SELLER limits the period of post audit to no longer than two(2)years from date of invoice. WARRANTIES: SELLER warrants that the goods sold hereunder are merchantable. SELLER warrants that the goods shall be fit for a particular purpose,provided only if SELLER at the time of contracting receives written notification of:(1)the particular purpose for which the goods are required,and(2)that BUYER is relying on SELLER'S skill or judgment to select or furnish suitable goods. SELLER warrants that the goods sold hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938,as amended,and further that it has not incorporated in the goods sold hereunder any goods known by it to have been produced in violation of said Act. EXCEPT AS EXPRESSLY STATED IN THE FOREGOING, SELLER MAKES AND HAS MADE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ASSUMPTION OF RISK AND LIABILITY LIMITATIONS: 1. BUYER assumes the risk for results obtained from the use of the goods sold hereunder,whether used alone or in combination with other products. BUYER assumes,and promises to indemnify and hold SELLER harmless from,any liability,loss,cost,damage and expense arising out of or in connection with the use or sale by BUYER or by any subsequent owner or user of the goods sold hereunder, including any infringement claim, except to the extent such is directly caused by the SELLER'S negligence in the manufacture or sale of the goods sold hereunder. The sale of the goods hereunder is not to be construed as a recommendation for their use in violation of any patents, applicable laws or regulations.Any technical information furnished by SELLER is offered as a service and is given gratuitously,but BUYER assumes all risks in relying upon such information. 2. SELLER'S liability under this sale shall be limited to the replacement of any improper or defective goods or the return of the purchase price thereof,at SELLER'S option, and in no event shall SELLER be liable to BUYER or any subsequent owner or user of the goods sold hereunder for any incidental,indirect or consequential damages,and in no event in an amount in excess of the invoice amount of the goods in question sold hereunder. 3. SELLER is not responsible for damage to goods in transit. In the event shipping is arranged by SELLER,SELLER will process claims for loss or damage on BUYER'S behalf only if supported by proof of loss or damage satisfactory to SELLER. FORCE MAJEURE: If the performance by any party of any obligation under this invoice(or related written contract,if any)is prevented,hindered or delayed,in whole or in part,by as event of Force Majeure,other than the obligation to make money payments then due and owing,the party so affected shall be excused from nonperformance to the extent that performance is prevented,hindered,or delayed by such event of Force Majeure. This invoice(and related written contract,if any)shall be deemed to be suspended during the continuance of the Force Majeure, but only to the extent and for the period of time that performance is actually prevented or delayed as a direct result of Force Majeure. "Force Majeure"means any cause beyond the reasonable control of any party that impedes a party's performance hereunder,including,but not limited to,any act of God or the public enemy;fires;explosion;sabotage;perils of the sea;embargoes;accidents; riots;floods;war;acts of terrorism;strike;lockout;labor disturbances;inability to obtain goods;fuel or equipment shortages or failures in production,production equipment or contingencies of transportation;laws;orders;or any act or request of government, provided that written notice of such interference shall be given to the other party as promptly as practicable of the nature and probable duration of same. The party whose performance is excused shall use its reasonable best efforts to resume performance at the earliest practicable date,provided that the settlement of any strike or labor dispute shall be within the sole discretion of the party involved in such labor dispute and the failure by any party to prevent or settle any strike or labor dispute shall not be considered to be a matter within the control of the party claiming Force Majeure hereunder. ENTIRE CONTRACT; GOVERNING LAW: This invoice,together with any separate written contract between the parties hereto,if any,shall constitute the entire contract of sale and purchase of the goods sold hereunder. All questions relating to the validity,interpretation or performance of this contract shall be determined in accordance with the laws of the State of Illinois relating to contracts made and to be performed in that State,without regard to the State's conflicts of laws.All disputes arising out of this contract or performance thereof shall be litigated in a court of competent jurisdiction in Cook County,Illinois. Prescribed by State Board of Accounts City Form No.201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 350594 MORTON SALT Purchase Order No. PO BOX 93052 Terms CHICAGO, IL 60673-3052 Due Date 1/11/8007 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 1/11/8007 5400418579 $2,013.65 I hereby certify that the attached invoice(s), or bill(s) is (are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 Date Offi r VOUCHER # 134636 WARRANT# ALLOWED 350594 IN SUM OF $ MORTON SALT PO BOX 93052 CHICAGO, IL 60673-3052 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR" Board members PO# INV# ACCT# AMOUNT Audit Trail Code 5400418579 01-6180-03 $2,013.65 5u00u 1-14y3 0� tc lSo•t,� d,o to. 34 SLjoc)4 7eo3 ot•blgo•us auaSc�� SL4uC7Qa-Cgol 01 (0K'C.U1S o�iJ� 1.cfi' 5Lj uo+4 11 OgR DI tpt'�'c•C3 �wu3.�sS �j4U0416gC:, ok bISfUo3 110 LOS. Voucher Total Cost distribution ledger classification if claim paid under vehicle highway fund