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HomeMy WebLinkAbout233382 06/05/14 CITY OF CARMEL, INDIANA VENDOR: 00350594 ONE CIVIC SQUARE MORTON SALT CHECK AMOUNT: $****16,180.34* CARMEL, INDIANA 46032 PO BOX 93052 CHECK NUMBER: 233382 CHICAGO IL 60673-3052 CHECK DATE: 06/05/14 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 5400454313 2,012.84 OTHER EXPENSES 601 5023990 5400455138 2,044.70 OTHER EXPENSES 601 5023990 5400455139 1,972.00 OTHER EXPENSES 601 5023990 5400456247 2,015.29 OTHER EXPENSES 601 5023990 5400457246 2,061.86 OTHER EXPENSES 601 5023990 5400457247 2,008.75 OTHER EXPENSES 601 5023990 5400458139 2,047.97 OTHER EXPENSES 601 5023990 5400458969 2,016.93 OTHER EXPENSES i MORTON SALT, INC. , UPC 24600 PAGE: � A K+S Group Company CSF SALES REP. DATE INVOICE NUMBER X02 Turner A MAY 13, 2014 5400457246 123 North Wacker Drive, Chicago,IL 60606-1743 PURCHASE ORDER NO. RELEASE NUMBER P.O. BOX 93052 W14 IQ& 15 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 Carmel Water H Carmel Water-Plant 1 L 3450 W 131 St 1 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 N0. MORTON ORDER NO. MAY 13, 2014 RIVERBEND TRAM CONSIGNE I CINCY MORTON WHS 5100484371 QTY U/M Code *--------Description--------* Price Extension Net 25.24 STO F14489000OZ Bulk Rock White Crystal Coarse S 81.69 2,061.86 2,061.86 Load B/L No. Ticket no. Weight Shipped date - - — 0015259591 - �- - - — "^-- 50,480 LB May 13, 2014 - -- r, Gross ro uc Tot Tax $ 0.00 2,061.86 I I $ 2,061.86 - - &w k you bent bgiq WeAW Sck GAMIC Total Net Weight 50,480 LB Total Unit Weight 50,480 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 Majeure"means any cause beyond the reasonable control of any party that impedes a parry'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. INC. "r MORTON SALT' C '/% / ,UPC 24600 PAGE: 1 A K+S Group Company CSF SALES REP. DATE INVOICE NUMBER 020 Turner A MAY 08, 2014 5400454313 123 North Wacker Drive, Chicago,IL 60606-1743 PURCH ER N RELEASE NUMBER P.O. BOX 93052 4003 CHICAGO, IL 60673-3052 Customer S vi : Lopez M TERMS: Tel: +1 (630) 861-2711 30 days net cash after dte inv ADDITIONAL TERMS AND MARKETING PROVISIONS ON REVERSE SIDE CUSTOMER NO.: 5378073 3677676 B S L Carmel Water H Carmel Water-Plant 3 L 3450 W 131 St P 4425 E. 126th Street Carmel IN 46074 Carmel IN 46074 T T 0 0 CREDIT DATE SHIPPED SHIPPED VIA FOB SHIPPED FROM BILL OF LADING NO. MORTON ORDER NO. MAY 08, 2014 RIVERBEND TRAN CONSIGNS CINCY MORTON WHS 5100480031 QTY U/M Code *--------Description--------* Price Extension Net 24.64 STO F14489000OZ Bulk Rock White Crystal Coarse S 81.69 2,012.84 2,012.84 Load B/L No. Ticket no. Weight Shipped date - 001524680 ---- --� 49,280 LB --May 8, 2014 -— romo owce Gross Product$ Tot Tax $ 0.00 2,012.84 I 1 $2,012.84 &aA you box' buying {� e*x S �_� - Total Net Weight 49,280 LB Total Unit Weight 49,280 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 Maieure"means any cause beyond the reasonable control of any party that impedes a parry'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. 24800 PAGE: 1 A K+S Group Company CSF SALES REP. DATE INVOICE NUMBER X020 Turner A MAY 09, 2014 5400455138 123 North Wacker Drive, Chicago,IL 60606-1743 PURCHA OR 0. RELEASE NUMBER P.O. BOX 93052 4005 CHICAGO, IL 60673-3052 Customer ervice Lopez M TERMS: 30 days net cash after dte inv +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 N0. MAY 09, 2014 RIVERBEND TRAN CONSIGNE CINCY MORTON WHS 1. 5100480033 QTY U/M Code *--------Description--------* Price Extension Net 25.03 STO F144890000Z Bulk Rock White Crystal Coarse S 81.69 2,044.70 2,044.70 -- -- —Load— B/L`N . " - Ticket no: 9Fipp'ed3aEe -- - 0015246821 50,060 LB May 9, 2014 r r'' t i ,l e}. f f% r ross ro uc Tot Tax $ ----- 0.00 — 2,044.70— - — - - -- -- $ 2,044.70 - you 6e' kujlq w on CREDIT , Total Net Weight 50,060 LB Total Unit Weight 50,060 LB 0 a d— 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 parry 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;inabilityto 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. MOON SALT, INC. UPC 24600 PAGE: 1 A K+S Group Company CSF SALES REP. DATE INVOICE NUMBER -,. 123 Noah WackerDlive, Chicago,IL 60606-1743 X020 Turner A MAY 09, 2014 5400455139 PUR �A ORD 0. RELEASE NUMBER P.O. BOX 930524005 CAG CHIO, IL 60673-3052 Customer Ser ce: 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 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. MAY 09, 2014 RIVERBEND TRAM CONSIGNE I CINCY MORTON WHS 1 5100480035 QTY U/M Code *--------Description--------* Price Extension Net 24.14 STO F14489000OZ Bulk Rock White Crystal Coarse S 81.69 1,972.00 1,972.00 ---- ----Load- -B/L- No. Ticket-no. - _ - Weight--- ---Shipped-date_— - -- 0015246824 48,280 LB May 9, 2014 Gross ProducTot Tax 0.00 1,972.00 A 1,972.00 &M#Jt you. 6ax iq we*X Sad, UE (r Total Net Weight 48,280 LB Total Unit Weight 48,280 LB 0 a -CL ORIGINAL _-_� 0_-_ :y 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. M®RT®IV SALT, INC. , r UPC 246DO PAGE: 'I A K+S Group Company CSF SALES REP. DATE INVOICE NUMBER X02 Turner A MAY 12, 201 5400456247 123 North Wacker Dfive, Chicago,IL 60606-1743 ' PURCHA6E ORDER NQ. RELEASE NUMBER P.O. BOX 93052 4005 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 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 NO. MORTON ORDER NO. MAY 12, 2014 RIVERBEND TRAN CONSIGNE I CINCY MORTON WHS 1 5100484369 QTY U/M Code *--------Description--------* Price Extension Net 24.67 STO F14489000OZ Bulk Rock White Crystal Coarse S 81.69 2,015.29 2,015.29 Load B/L No. Ticket no. Weight Shipped date - — _ 0015259589 49,340 LB May 12, 2014 } Gross ro uc Tot Tax $ 0.00 2,015.29 ' $ 2,015.29 - you ben' bgiq We** Sad Total Net Weight 49,340 LB Total Unit Weight 49,340 LB 0 a Q_ 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;inabilityto 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 zaBOD PAGE: � A K+S Group Company . CSF SALES REP. DATE INVOICE NUMBER X02C Turner A MAY 13, 2014 5400457247 123 North Wacker Drive, Chicago,IL 60606-1743 PURCH ER N RELEASE NUMBER gin P.O. BOX 93052 1 005 CHICAGO, IL 60673-3052 Customer Ser 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 NO. MORTON ORDER NO. MAY 13, 2014 RIVERBEND TRAM CONSIGNE I CINCY MORTON WHS 1 5100484370 QTY U/M Code *--------Description--------* Price Extension Net 24.59 STO F14489000OZ Bulk Rock White Crystal Coarse S 81.69 2,008.75 2,008.75 Load B/L No. Ticket no. Weight Shipped date '`Ma -13 1.._.201.4,-.- -. Y _ •`` . r , Z. o c of ax 0.00 2,008.75 $ 2,008.75 tkauk you ben. 6 gim We** Salt Total Net Weight 49,180 LB Total Unit Weight 49,180 LB a m 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 contractor performance thereof shall be litigated in a court of competent jurisdiction in Cook County,Illinois. UPC 24600MO N ALT, INC. PAGE: 1 A K+S Group Company CSF SALES REP. DATE INVOICE NUMBER X02 Turner A MAY 15, 201 5400458969 123 North Wacker Drive, Chicago,IL 60606-1743 PURCHASE ORD NO. RELEASE NUMBER OMMM P.O. BOX 93052 W1 03 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 L Carmel Water H Carmel Water-Plant 3 3450 W 131 St 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. MAY 15, 2014 RIVERBEND TRAM CONSIGNE CINCY MORTON WHS 1 5100484374 QTY U/M Code *--------Description--------* Price Extension Net 24.69 STO F14489000OZ Bulk Rock White Crystal Coarse S 81.69 2,016.93 2,016.93 Load B/L No. Ticket no. Weight Shipped date - --~ -_- - — 0015259593 --� - _ - - 49,380 LB May 15, 2014 - Y. Gross ro uc Tot Tax $ 0.00 2,016.93 I I $ 2,016.93 E{`lti 4bt 6Nt buying lg&*a $ — — -- 7 — Total Net Weight 49,380 LB Total Unit Weight 49,380 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. MORTON SALT, INC. , UPC 24600 PAGE: 1 A K+S Group Company CSF SALES REP. DATE INVOICE NUMBER 123 NorthWacker Drive, Chicago,IL 60606-1743 1 X02 Turner A MAY 14, 201 5400458139 PURCHASE ORDER NO. RELEASE NUMBER P.O. BOX 93052 W140 161 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 Carmel Water H Carmel Water-Plant 1 L 3450 W 131 St 1 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. MAY 14, 2014 RIVERBEND TRAM CONSIGNE I CINCY MORTON WHS 5100484373 QTY U/M Code *--------Description--------* Price Extension Net 25.07 STO F144890000Z Bulk Rock White Crystal Coarse S 81.69 2,047.97 2,047.97 Load B/L No. Ticket no. Weight Shipped date — --- - ...0015259592 — -- - — — 50,140 __LB__ - f , y; r 9 - Gross Producot Tax $ 0.00 2,047.97 $ 2,047.97 WA yon bQh l Wads* Sem CREDIT �� -- -- - Total Net Weight 50,140 LB Total Unit Weight 50,140 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 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 partywhose 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. I _ VOUCHER # 135229 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 5ctora�-�3�3 a�la.�� 5400457246 01-6180-03 $2,061.86 �oUA?b 5�tob4�ss��� �` � I q'1�•fY� , 5`tte�scoa�� f --xc15•ac� 5�tt�p�s-7 a 'lpCt& 75 54csbL�5g9��t Voucher Total Cost distribution ledger classification if claim paid under vehicle highway fund 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 5/26/2014 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 5/26/2014 5400457246 $2,061.86 I i 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 Officer