HomeMy WebLinkAbout301357 07/28/16 i
CITY OF CARMEL, INDIANA VENDOR: 368932
(T4� 4Ff
ONE CIVIC SQUARE COMPASS MINERALS AMERICA CHECK AMOUNT: $****15,685.28*
CARMEL, INDIANA 46032 PO BOX 277043 CHECK NUMBER: 301357
9M,�roN.�o. ATLANTA GA 30384-7043 CHECK DATE: 07/28/16
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
601 5023990 71504245 2,660.32 OTHER EXPENSES
601 5023990 71504246 2,627.04 OTHER EXPENSES
601 5023990 71504727 2,560.48 OTHER EXPENSES
601 5023990 71505154 2,596.88 OTHER EXPENSES
601 5023990 71505580 2,621.84 OTHER EXPENSES
601 5023990 71506033 2,618.72 OTHER EXPENSES
VOUCHER # 162141 WARRANT# ALLOWED
368932 IN SUM OF $
COMPASS MINERALS AMERICA
PO BOX277043
ATLANTA, GA 30384-7043
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
71504246 — --01-6180-03 - -- - 2;627.04 - - ----- - .-
�lr�a�E-5. r --Y:jIo.g��
`71 SDLf 'gL15 tt o�t-.(nt✓•3`�
Voucher Total j 5 6,?D.
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
368932
COMPASS MINERALS AMERICA Purchase Order No.
PO BOX277043 Terms
ATLANTA, GA 30384-7043 Due Date 7/23/2016
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
7/23/2016 71504246 2,627.04
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
0
Compass —
INVOICE
Minerals �-
Page-1 of 1
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PLEASE REMIT TO/SELLER: FEDERAL ID#: PAYMENTTERMS INVOICE DATE INVOICE NUMBER
COMPASSMINEP 0 BOX 277043 48-1047632
AMERICA 4g 1047632 ET 60 DAYS 7/11/2016 71504246 =
ATLANTA, GA 30384-7043
SOLD To: 462129 / C54512
CARMEL UTILITIES SHIP TO: 505808/CS54514
3450 W 131 ST ST CARMEL UTILITIES
WESTFIELD, IN 46074 5484 E 126TH ST
CARMEL, IN 46033
UNITED STATES
SHIPPED FROM DATE SHIPPED CUSTOMER PO j BILL OF LADINGORDER NUMBER ORDER TYPE
10995-AUGUSTROBBENSSONS
07/11/16 . - w1600- - 161.7413 _ J
1617413 SO
CARRIER RAIL/TRUCK# EQUIPMENT TYPE F.0.6. FREIGHT TERMS TERRITORY
76599 178 i PRODUCT DELIVERED TRUCK C08
TAX STATUS TAX ID# RELEASE# SALES REP
EXEMPT 0031201550 C08
PRODUCT DESCRIPTION TAX QUANTITY UOM UNIT PRICE EXTENDED PRICE
7517 COARSE ROCK SALT Y 25.2600 TN 104.00 2,627.04
SUMMARY - -- - - - -
PRODUCT 2,627.04
FREIGHT&FUEL
SUBTOTAL 2,627.04
STATE TAX
COUNTYTAX
CI Y TAX
MESSAGES:
I
TOTAL WEIGHT. . . 50,,520.0000 Gross Pounds
FOR BILLING INQUIRIES CALL 1-800-743-7258
THANK YOU FOR YOUR ORDER PLEASE PAY> > > 2,627.04
WE APPRECIATE YOUR BUSINESS IN US DOLLARS
This Sale of Goods is subject to the Terms and Conditions of Sale on the reverse side of this Invoice CREDIT NOTE> > >
(Terms and Conditions of Sale are also available at www.nasalt.com). IN US DOLLARS
TERMS AND CONDITIONS OF SALE
L PARTIES. "Seller"is identified in the"Rennt To"section and"Buyer"in the"Sold To"section of an invoice to which these Terms and Conditions of Salc("Agreement")relate or arc attached.
2.OFFER. No terms in Buyer's bid, purchasle order or other form shall be binding upon Seller. Seller rejects additional/different terms in such Buyer's documents. SELLER'S OFFER IS
EXPRESSLY LIMITED TO AND CONDITiON'ED UPON BUYER'S ACCEPTANCE OF THIS AGREEMENT.
3- PRICES; TANES.:EXCEPT, aS O'i'I1ER\VISE SPECIFIED IN THIS AGREEMENT,.PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ORDERS WILL BE INVOICED,
liILLESS OTHERWiSE SPECIFIED IN THIS AGREEMENT.AY SELLER'S PRiCE iN EFFECT ON THE SCHEDULED DATE OF SHIPMENT. Prices on the invoicing document arc net ofall
aplilicable discounts and promotional allowancs. References to"tons'means short tons,(2000 lbs.)unless cuherwise specified. Any tax or other governmental charges nowv onccreafter levied
epos-production,severance.manufacture,deli rv,storage,consumption,sale,use or shipment of Products ordered or sold arc not included in Seller's price and will be charged to and paid by
Buver. j
4.CANCELLATION. Orders may be canecl d by Buyer only upon(1)written or oral notice to Seller and accepted in writing by Seller and(2)payment to Seller of reasonable cancellation
charges to be solely determined by Seller. Exec t as otherwise agreed in writing,until the products identified in Buyer's purchase order as accepted by Seller("Products")are shipped,Seller has no
obligation under any order submitted by Buyer(and may cancel the order at any time prior to shipment).
I
5.PAYMENT;CREDIT;PAST DUF,AC :0 1,N Is Buyer will make payment to Seller at the time and in the currepcy specified on Seller's invoicing document. Seller may,in its solejudgment,
require such other payment terms as Seller deet s appropriate,including full or partial payment in advance of shipment or by letter of credit. Credit payment terms must have the prior approval of
Seller's Credit Department and must be specified in writing on Seller's invoicing document. Whenever reasonable grounds for insecurity arise with respect to due payment from Buyer or with
respect to Buyer's financial condition generally.Seller reserves the right to stop shipment on notification to Buyer and to demand payment in advance or at the time of dclivery for future deliveries
or require reasonable assurance of payment,and'in the absence thereof.to cancel,without liability,the unfilled portion of Buyer's order. A finance charge of the lesser of 1.5%per month(18%-
APR)or the highest rate permitted by law will be assessed on all past due accounts. Interest charged on a past due invoice will be assessed from the dale of the invoice. Amounts owed by Buyer'
Nvith where there is no dispute will be paid without set-off for any amountsm
that Buyer may claim are owed by Seller. Buyer agrees to reimburse Seller for all attorney fees and court costs in
connection with default of these payment terms iIy Buyer.
6.DELAYS. All orders are subject to Seller's ability to make delivery at the time and in the quantities specified,and Seller shall not be livable for damages for failure to make partial or complete
shipment or for any delay in making shipments. Seller shall not be liable for delays or defaults in delivery caused by forces not reasonably within Seller's control(including but not limited to delays
or defaults by carriers.extreme cold weather,pa ial or total failure of Seller's intended production,transportation or delivery facilities,etc.,floods,fires,storms,or other acts of God,war or act of
public enemy(or civil disturbance),strikes,Ioclouts,shortages of labor or raw materials and supplies(including fuel),acts or omissions of Buver,action of any governmental authority,or other
force majeure event). Buyer shall be liable for a iy added expenses incurred by Seller because of Buyer's delay in furnishing requested information to Seller,delays resulting from order changes by
Buver,or delay in unloading shipments at the delivery point that are the fault of Buyer.
7. SHIPMENT COSTS/TRANSPORTATIOI AJATTERS. Unless otherwise specified on Seller's invoicing document,all transportation charges, including,but not limited to,Seller's and
carrier's charges for notification prior to dclivcr} demurrage,switching,detention, delay in unloading,diversion,or reconsignmcnt shall be the sole responsibility of Buycr. Buyer will assume title
and risk of loss concurrently in accordance withSeller's invoicing document. On passage of title,Buyer is then responsible for proper protection of Products and compliance with all regulations and
ordinances and will indemnify Seller against all claims for personal injuries or property damage arising from the storage,use or handling of such Products. Claims for damage or shortage in transit
must be made by Buyer against the carrier. Buyer has the responsibility to inspect shipments before or during unloading to identify any such damage or shortage and see that appropriate notation is
made on the dclivery tickets or an inspection rcl ort furnished by the local agent of the carrier in order to support a claim. Upon transfer of the Products'risk of loss to Buyer, Buyer is solely
responsible for the care,condition,damage or los of railcars used to deliver the Products until the railcars are released empty by Buyer to the rail carrier. Without Seller's prior written approval,
neither Buyer nor any of its employees/agents tv ll divert or export any such railcar to anywhere outside the continental U.S. Even with such Seller's approval,Buyer remains fully responsible for
and shall promptly reimburse Seller for all claimsI,losses.costs,expenses,liabilities,penalties,demands and taxes directly caused by or incidental to such use of the railcars by Buyer.
S.WARRANTY/TIAIE FOR MAKING CLAMS. Seller warrants only that it will convey good title to the Products and that,at the time of shipment,the Products will conform to the published
specifications of Seller.Seller's specifications are subject to change at any time without notice to Buyer. NO OTHER WARRANTY OF ANY KIND,EXPRESSED OR IMPLIED,IS MADE BY
SELLER AND SELLER HEREBY DISCLAIMS ALL SUCH OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE.OR NONINFRINGENIENT. Buyer must notify Seller orally claim with respect to Products,warranty,or any other claim under this Agreement within thirty(30)days
of Seller's delivery of Products or such claim is 6aived. In the event of an alleged breach hereof by Seller,the sole remedy available to Buyer on account of any defect in the Products shall be
limited to the replacement of such defective Products by Seller. in the event the remedy provided herein shall be deemed to have failed its essential purpose,then Buyer shall be entitled only to a
refund of the amounts paid to Seller for such(I fective Products. Subject to the notification of claim provision above,no action for breach of the contract for sale or otherwise with respect to
Products will be commenced more than one(l)y�ar after the accrual of the cause of action thereto.
9.LIMITATION OF LIABILITY. SELLER'S LIABILITY FOR ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT WiLL BE LIMITED TO THE NET
PURCHASE PRICE ACTUALLY PAID TO SELLER FOR THE PRODUCTS INVOLVED. IN NO EVENT SHALL SELLER BE LiABLE TO BUYVB OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTiFkL, EXEMPLARY OR PUNITIVE DAMAGES FOR ANY CLAIM, WHETHER BASED ON N. .zRANTY, CONTRACT, OR TORT
(INCLUDING NEGLIGENCE)OR OTHERWhaE. Buyer assumes all risks and liability for any damage to persons or property resulting from the u:c of the Products delivered hereunder in
manufacturing processes orBuyer or in combination with other substances or otherwise.
10. INDEMNIFICATION. BUYER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND SELLER AND ITS AFFILIATES AND THEIR RESPECTIVE PRESENT OR FUTURE
EMPLOYEES,OFFICERS, DIRECTORS. SH:REHOLDERS, INSURERS. AGENTS AND REPRESENTATIVES (COLLECTIVELY,"INDEMNIFIED PARTIES"), FROM ALL CLAIMS,
DAMAGES,DAAGES,SUITS,PROCEED NGS,COSTS AND EXPENSES(INCLUDING'REASONABLE ATTORNEYS'FEES)(COLLECTIVELY,"LOSSES"),FOR ANY DAMAGE,
iN'JURY. DEATH, LOSS OR DESTRUCTION OF ANY KIND RELATING TO OR ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION, LOSS OR DAMAGE TO ANYIPROPERTY OR INJURY TO OR DEATH OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, BUYER OR iTS EMPLOYEES),
WHETHER ARISING AS A WORKERS'COMPENSATION CLAiM OR UNDER THEORIES OF NEGLIGENCE,TORT,STRICT LIABILITY,INTENTIONAL MISCONDUCT,OR FAULT
OF ANY KiND,AND EVEN iF THE RESULT OR ALLEGED RESULT OF THE CONDUCT. NEGLIGENCE, ERROR, OMISSION, OR BREACH OF THIS AGREEMENT OR NON-
COMPLIANCE WITH APPLICABLE LAWS B 'ANY INDEMNIFIED PARTIES. THIS PROVISION SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
11.SECURITY INTEREST. Buyer grants to Seller,and Seller retains,a security interest in all Products furnished by Seller and the proceeds,thereof,until the purchase price therefor is fully paid.
Seller may file any financing statements and Rive notice of such security interest to third parties as Seller may determine to be necessary to perfect such security interest.
12. LEGAL COMPLIANCE. Buyer and its employees/agents (1) will comply with all applicable U.S. federal, state, local and foreign laws and regulations, including the U.S. Export
Administration Regulations,the U.S.Foreign Corrupt Practices Act,and the U.S.Patriot Act,as amended from time to time(collectively,"Laws");(2)will not subject Seller to any claim,penalty or
loss of benefits under the Laws:and(3)will cooperate with Seller in any audit/inspection relating to the Laws. Upon Seller's request,Buyer will deliver a certificate to Seller in a form provided by
Seller,certifying such matters as requested by Seller,as required by the Laws,or pertaining to Buyer's intended rise of the Products as represented to Seller.
13.MISCELLANEOUS. Matters arising out of�r in connection with a sale hereunder will be governed by Kansas laws without regard to conflicts of law rules,and Buyer and Seller consent to the
jurisdiction of Johnson County,Kansas courts. BIuyer shall not assign this Agreement without Seller's prior written consent. This Agreement constitutes the entire agreement regarding the subject
matter hereof;no modification may be made.unless in writing and signed by the parties:and no acknowledgment/acceptance ofpurchase order forms containing different/additional tants shall have
force or effect. Seller's failure to enforce any provision will not be a waiver of its right to enforce such provision or any,other provision then or thereafter. Any unenforceable provision shall be
enforced to the extent it is enforceable.Any provi�ion intended to survive shall survive this Agreement's termination/cxpiralion and the.consunmtation of the transactions contemplated hereunder."
t
s
Compass =
INVOICE _
Minerals
Page-1 of 1
PLEASE REMIT TO/SELLER: FEDERAL ID M PAYMENT TERMS INVOICE DATE INVOICE NUMBER
COMPASSMINEP 0 BOX 277043 48-1047632
AMERICA 48 1047632 NET 60 DAYS 7/14/2016 71505580
ATLANTA, GA 30384-7043
SOLD TO: 462129 / C54512
CARMEL UTILITIES SHIP TO: 505808/CS54514
3450 W 131 ST ST CARMEL UTILITIES
WESTFIELD, IN 46074 5484 E 126TH ST
CARMEL, IN 46033
UNITED STATES
SHIPPED FROM DATE SHIPPED CUSTOMER POIBILL OF LADING ORDER NUMBER ORDER TYPE
10995-AUGUSTROBBENSSONS '
- - - , 07/1.4/16 . W16 03 - 1619059 1619.059- SO
CARRIER RAIL/TRUCK# EQUIPMENT TYFIg F.O.B. FREIGHT TERMS TERRITORY
76599 178 7 PRODUCT DELIVERED TRUCK C08
TAX STATUS TAX ID# RELEASE# SALES REP
EXEMPT 0031201550 C08
PRODUCT DESCRIPTION TAX QUANTITY UOM UNIT PRICE EXTENDED PRICE
7517 COARSE ROCK SALT Y 25.2100 TN 104.00 2,621.84
i
SUMMARY: ---
PRODUCT 2,621.84
FREIGHT& FUEL
SUBTOTAL 2,621.84
STATE TAX
COUNTY TAX
CITY TAX
MESSAGES:
TOTAL WEIGHT. . . 50,420.0000 Gross Pounds
FOR BILLING INQUIRIES CALL 1-800-743,7258
THANK YOU FOR YOUR ORDER PLEASE PAY> > >
WE APPRECIATE YOUR BUSINESS IN US DOLLARS 2,621.84
This Sale of Goods is subject to the Terms and Conditions of Sale on the reverse side of this-invoice CREDIT NOTE > > >
(Terms and Conditions of Sale are also available at www.nasalt.com). IN US DOLLARS
TERMS AND CONDITIONS OF SALE
1.PARTIES. "Seller"is identified in the"Renut To"section and"Buyer"in the"Sold To"section of an invoice to which these Terms and Conditions of Sale("Agreement")relate or are attached.
2:OFFER. No terms in Buyer's bid,purchal order or other form shall be binding upon Seller. Seller rejects additional/different terms in such Buyer's documents. SELLER'S OFFER IS
EXPRESSLY LiMITED TO AND CONDITIONED UPON BUYER'S ACCEPTANCE OF THIS AGREEMENT.
3; ICES'TAXES. EXCEPT.AS OTHERWISE SPECIFIED IN THiS AGREEMENT, PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ORDERS WILL.BE INVOICED,
..,_UTzt,ESS OTHERWISE SPECIFIED IN THIS AGREEMENT,AT SELLER'S PRiCE IN EFFECT ON THE SCHEDULED DATE OF SHIPMENT. Prices on the invoicing document are net.of,all
grfcable discounts'and promotional allowancerrs. References to"tons"means short tons(2000 lbs.)unless otherwise.specified. Any tax or other governmental charges now or hereafter levied
-uparrproduction,severance,manufacture,delivhry,storage,consumption,sale,use or shipment of Products ordered or sold arc not included in Seller's price and.will be charged to and paid by
Buyer.
4.CANCELLATION. Orders may be canceled by Buyer only upon(1)written or oral notice to Seller and accepted in writing by Seller and(2)payment to Seller of'reasonable cancellation
charges to be solely determined by Seller. Exect�t as otherwise agreed in writing,until the products identified in Buyer's purchase order as accepted by Seller("Products")are shipped,Seller has no
obligation under any order submitted by Buyer(Ind may cancel the order at any time prior to shipment).
d.PAYMENT;CREDIT;PAST DUE ACCO NTS. Buyer will make payment to Seller at the time and in the currency specified on Seller's invoicing document. Seller may,in its sole judgment,
require such other payment terms as Seller deems appropriate,including full or partial payment in advance of shipment or by letter of credit. Credit payment terms must have the prior approval of
Seller's Credit Department and must be specified in writing on Seller's invoicing document. Whenever reasonable grounds for insecurity arise with respect to due payment from Buyer or with
respect to Buyer's financial condition generally.Scller reserves the right to stop shipment on notification to Buyer and to demand payment in advance or at the time of delivery for future deliveries
or require reasonable assurance of payment,and in the absence thereof,to cancel,without liability,the unfilled portion of Buycr's order. A finance charge of the lesser of 1.5%per month(18%-
APR)or the highest rate permitted by law will be assessed on all past due accounts. Interest charged on a past due invoice will be assessed from the date of the invoice. Amounts owed by Buyer
with where there is no dispute will be paid wit�out set-off for any amounts that Buyer may claim are owed by Seller. Buyer agrees to reimburse Seller for all attorney fees and court costs in
connection with default of these payment terms y Buyer.
6.DELAYS. All orders are subject to Seller's ability to make delivery at the time and in the quantities specified,and Seller shall riot be liable for damages for failure to make partial or complete
shipment or for any delay in making shipments. Seller shall not be liable for delays or defaults in delivery caused by forces not reasonably within Seller's control(including but not limited to delays
or defaults by carriers,extreme cold weather,partial or total failure of Seller's intended production,transportation or delivery facilities,etc.,floods,fires,stones,or other acts of God,war or act of
public enemy(or civil disturbance),strikes,lock-outs,shortages of labor or raw materials and supplies(including fuel),acts or omissions of Buyer,action of any governmental authority,or other
force majeure event). Buyer shall be liable for any added expenses incurred by Seller because of Buyer's delay in furnishing requested information to Seller,delays resulting from order changes by
Buyer,or delay in unloading shipments at the delivery point that are the fault of Buyer.
7.SHIPMENT COSTS/TRANSPORTATION MATTERS. Unless otherwise specified on Seller's invoicing document,all transportation charges, including,but not limited to, Seller's and
carrier's charges for notification prior to deliverydemurrage,switching,detention, delay in unloading,diversion,or reconsignment shall be the sole responsibility of Buyer. Buyer will assume title
and risk of loss concurrently in accordance with eller's.invoicing document. On passage of title,Buyer is then responsible for proper protection of Products and compliance with all regulations and
ordinances and will indemnify Seller against all claims for personal injuries or property damage arising from the storage,use or handling of such Products. Claims for damage or shortage in transit
must be made by Buyer against the carrier. Buyer has the responsibility to inspect shipments before or during unloading to identify any such damage or shortage and see that appropriate notation is
made on the delivery tickets or an inspection reI ort furnished by the local agent of the carrier in order to support a claim. Upon transfer of the Products'risk of loss to Buyer, Buyer is solely
responsible for the care,condition,damage- l-1 of railcars used to deliver the Products until the railcars arc released empty by Buyer to the rail carrier. Without Seller's prior written approval,
neither Buyer nor any of its employees/agents wi11 divert or export any such railcar to anywhere outside the continental U.S. Even with such Seller's approval,Buyer remains fully responsible for
and shalJ promptly reimburse Seller for all claims,losses,costs,expenses,liabilities,penalties,demands and taxes directly caused by or incidental to such use of the railcars by Buyer.
S.WARRANTY/TIME FOR MAKING CLAIMS. Seller warrants only that it will convey good title to the Products and that,at the time of shipment,the Products will conform to the published
specifications of Seller.Seller's specifications ar�subject to change at anytime without notice to Buyer. NO OTHER WARRANTY OF ANY KIND,EXPRESSED OR IMPLIED,IS MADE BY
SELLER AND SELLER HEREBY DiSCLAIMS ALL SUCH OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE,OR NONINFRINGENIENT. Buyer must notify Seller of any claim with respect to Products,warranty,or any other claim under this Agreement within thirty(30)days
of Seller's delivery of Products or such claim is waived. In the event of an alleged breach hereof by Seller,the sole remedy available to Buyer on account of any defect in the Products shall be
limited to the replacement of such defective Products by Seller. In the event the remedy provided herein shall be deemed to have failed its essential purpose,then Buyer shall be entitled only to a
refund of the amounts paid to Seller for such defective Products. Subject to the notification of claim provision above,no action for breach of the contract for sale or otherwise with respect to
Products will be commenced more than one(1)y ar after the accrual of the cause of action thereto.
i
9.LIMITATION OF LIABILITY. SL-LLER'S LIABILITY FOR ANY CLAIM ARISING UNDER OR IN CONNECTION WiTH THIS AGREEMENT WILL BE LIMITED TO THE NET
PURCHASE PRICE ACTUALLY PAiD TO SELLER FOR THE PRODUCTS INVOLVED. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIPtL, EXEMPLARY OR PUNITIVE DAMAGES FOR ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, OR TORT
(INCLUDING NEGLIGENCE)OR OTHERWI�E. Buyer assumes all risks and liability for any damage to persons or property resulting from the use of the Products delivered hereunder in
manufacturing processes of Buyer or in combinatii on with other substances or otherwise.
10. INDEMNIFICATION. BUYER SHALL IiNDEMNIFY, HOLD HARMLESS AND DEFEND SELLER AND ITS AFFILIATES AND THEIR RESPECTIVE PRESENT OR FUTURE
EMPLOYEES,OFFICERS,DIRECTORS, SHAREHOLDERS,INSURERS,AGENTS AND REPRESENTATIVES (COLLECTIVELY,"INDEMNIFIED PARTIES"), FROM ALL CLAIMS,
LIABILITIES,DAMAGES,SUITS,PROCEEDINGS,COSTS AND EXPENSES(INCLUDING REASONABLE ATTORNEYS'FEES)((fOCCECTIVELY,"COSSE$"),FOR ANY DAMAGE,
INJURY, DEATH, LOSS OR DESTRUCTION OF ANY KIND RELATING TO OR ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION, LOSS OR DAMAGE TO ANY IPROPERTY OR INJURY TO OR DEATH OF ANY PERSON (INCLUDING,WITHOUT LIMITATION, BUYER OR ITS EMPLOYEES),
WHETHER ARISING AS A WORKERS'COMPENSATION CLAIM OR UNDER THEORIES OF NEGLIGENCE,TORT,STRICT LIABILITY,INTENTIONAL MISCONDUCT,OR FAULT
OF ANY KIND,ARID EVEN IF THE RESULT OR ALLEGED RESULT OF THE CONDUCT, NEGLIGENCE, ERROR, OMISSION, OR BREACH OF THiS AGREEMENT OR NON-
COMPLIANCE WITH APPLICABLE LAWS Bx ANY INDEMNIFIED PARTIES. THIS PROVISION SHALL SURVIVE EXPIRATION OR TERMINATiON OF THIS AGREEMENT.
11.SECURITY INTEREST. Buyer grants to Seller,and Seller retains,a security interest in all Products furnished by Seller and the proceeds thereof,until the purchase price therefor is fully paid.
Seller may file any financing statements and give of such security interest to third parties as Seller may determine to be necessary to perfect such security interest.
12. LEGAL COMPLIANCE. Buyer and its �:otice
mployces/agents (1) will comply with all applicable U.S. federal, state, local and foreign laws and regulations, including the U.S. Export
Administration Regulations,the U.S.Foreign Corrupt Practices Act,and the U.S.Patriot Act,as amended from time to time(collectively,"Laws");(2)will not subject Scller to any claim,penalty or
loss of benefits under the Laws;and(3)will cooperate with Seiler in any audithrispection relating to the Laws. Upon Seller's request,Buyer will deliver a certificate to Seller in a form provided by
Seller,certifying such matters as requested by Seller,as required by the Laws,or pertaining to Buyer's intended use of the Products as represented to Seller.
13.MISCELLANEOUS. Matters arising out of�r in connection with a sale hereunder will be governed by Kansas laws without regard to conflicts of law rules,and Buyer and Seller consent to the
jurisdiction of Johnson County,Kansas courts. Buyer shall not assign this Agreement without Seller's prior written consent. This Agreement constitutes the entire agreement regarding the subject
matter hereof;no modification maybe made,unles in writing and signed by the parties;and no acknowledgment/acceptance of purchase order forms containing different/additional terms shall have
force or effect. Seller's failure to enforce any provision will not be a waiver of its right to enforce such provision or any other provision then or thereafter. Any unenforceable provision shall be
enforced to the extent it is enforceable.Any proviton intended to survive shall survive this Agreement's termination/expiration and the consummation of the transactions contemplated hereunder.
Com ass
INVOICE _
Minerals
Page-1 of 1
-
PLEASE REMIT TO/SELLER: FEDERAL ID#: PAYMENT TERMS INVOICE DATE INVOICE NUMBER -
COMPASS MINERALS AMERICA I -
P O BOX 277043 48-1047632 NET 60 DAYS 7/12/2016 71504727 —
ATLANTA, GA 30384.7043
SOLD To: 462129/C54512
CARMEL UTILITIES SHIP TO: 505808/CS54514
3450 W 131 ST ST CARMEL UTILITIES
WESTFIELD, IN 46074 5484 E 126TH ST
CARMEL, IN 46033
UNITED STATES
i
SHIPPED FROM DATE SHIPPED CUSTOMER POI BILL OF LADING ORDER NUMBER ORDER TYPE
10995-AUGUSTROBBENSSONS
-- 07/12/16 -VV'I600 = 1619056- 1619056 . _ - SO
CARRIER RAIL ITRUCK# EQUIPMENT TYPEF.O.B. FREIGHTTERMS - TERRITORY
76599 178 - PRODUCT DELIVERED TRUCK C08
i
TAX STATUS TAX ID# RELEASE# SALES REP
EXEMPT 0031201550 C08
PRODUCT DESCRIPTION TAX QUANTITY UOM UNIT PRICE EXTENDED PRICE
7517 COARSE ROCK SALT Y 24.6200 TN 104.00 2,560.48
I
I
-- - SUMMARY: - - - - I - --- ---- --- - - --- - -- - --_ -- -- --
PRODUCT 2,560.48
FREIGHT&FUEL
SUBTOTAL 2,560.48
STATE TAX
j COUNTY TAX
CITY TAX
MESSAGES:
I
TOTAL WEIGHT. . .49,240.0000 Gross Pounds
FOR BILLING INQUIRIES CALL 1-800-743-7258
THANK YOU FOR YOUR ORDER PLEASE PAY> > >
WE APPRECIATE YOUR BUSINESS IN US DOLLARS 2,560.48
This Sale of Goods is subject to the Terms and Conditions of Sale on the reverse side of this Invoice CREDIT NOTE> > >
(Terms and Conditions of Sale are also available at www.nasalt.com). IN US DOLLARS
I
I
TER OS AND CONDITIONS OF SALE
1,PARTIES. "Seller'is identified in the"Remit To"section and"Buyer"in the"Sold To"section of an invoice to which these Terms and Conditions of Sale("Agreement")relate or are attached.
2.OFFER. No terms in Buyer,s.bid, purchas�order or other form shall be binding upon Seller. Seller rejects additional/different terms in such Buyer's documents. SELLER'S OFFER IS
E'X'PRESSLY LIMITED TO AND CONDITION ED UPON BUYER'S ACCEPTANCE OF THIS AGREEMENT.
3?PRICES:TAXES. L\CEPT AS O'fIIER�ViSE SPECIFIED IN THIS AGREEMENT. PRICES.ARE SUBJECT TO CHANGE WITHOUT NOTICE. ORDERS WiLL BE INVOICED,
,UNLESS OTHERWISE SPECIFIED'IN TIiISGREEMENT,AT SELLER'S PRICE iN EFFECT ON THE SCI-11DULED DATE OF SHIPMENT. Prices on the invoicing document are net ofall
applicable discounts and progrotional allowatc s. References to"tons"gleans short tons(2000 lbs.)unless otherwise specified. Any tax or other governmental charges now or hereafter levied
upon production,seyv&anco,manufacture,deliv ry,slonige,consuinption;sale,use or shipment of Products ordered or sold aie not included in Seller's price and will be charged to,and.paid by
Buyer.
4.CANCELLATION. Orders may be cancel Id by Buyer only upon(1)written or oral notice to Seller and accepted in writing by Seller and(2)payment to Seller of reasonable cancellation
charges to be solely determined by Seller. Exec t as otherwise agreed in writing,until the products identified in Buyer's purchase order as accepted by Seller("Products")tic shipped;Scller has no
obligation under any order submitted by Buyer(•nd may cancel the order at any time prior to shipment).
I
5.PAYMENT;CREDIT;PAST DUE^.CCOUNTS. Buyer will make payment to Seller at the time and in the currency specified on Seller's invoicing document. Seller may.in its sole judgment,
require such other payment terms as Seller deems appropriate,including full or partial payment in advance of shipment or by letter of credit. Credit payment terms must have the prior approval of
Seller's Credit Department and must be specifiein writing on Seller's invoicing document. Whenever reasonable grounds for insecurity arise with respect to due payment from Buyer or with
respect to Buyer's financial condition generally.Seller reserves the right to stop shipment on notification to Buyer and to demand payment in advance or at the time of dclivery for future deliveries
or require reasonable assurance of payment.andlin the absence thereof,to cancel,without liability.the unfilled portion of Buyer's order. A finance charge of the lesser of 1.5%per month(18%-
APR)or the highest rate permitted by law will be assessed on all past due accounts. Interest charged on a past due invoice will be assessed from the date of the invoice. Amounts owed by Buyer
with where there is no dispute will be paid xvitl�out set-off for any amounts that Buyer may claim are owed by Seller. Buyer agrees to reimburse Seller for all attorney fees and court costs in
connection with deta tilt oft hesc payment terms�y Buyer.
6.DELAYS: All orders are subject"tui Seller's anility to make dclivery at the time and in the quiantities specified,and Seller shall not be liable for damages for failure to make partial or complete
shipment or for any delay in making shipments. Scller shall not be liable for delays or defaults in delivery caused by forces not reasonably within Seller's control(including but not limited to delays
or defaults by carriers.extreme cold weather,partial or total failure of Seller's intended production,transportation or delivery facilities,ctc.,floods,fires,storms,or other acts of God,war or act of
public enemy(or civil disturbance),strikes,lock-outs,shortages of labor or raw materials and supplies(including fuel),acts or omissions of Buyer,action of any governmental authority,or other
force majcurc event). Buyer shall be liable fora y added expenses incurred by Seller because of Buyer's delay in furnishing requested information to Seller,delays resulting from order changes by
Buyer.or delay in unloading shipments at the delivery point that are the fault of Buyer.
II
7.SHIPMENT COSTS/TRANSPORTATiON'INIATTERS. Unless otherwise specified on Seder's invoicing document,all transportation charges, including,but not limited to,Seller's and
carrier's charges for notification prior to deliverydemuuTage,switching,detention, delay in unloading,diversion.or reconsignment shall be the sole responsibility of Buycr. Buyer will assume title
and risk of loss concurrently in accordance with�cller's invoicing document. On passage of title,Buyer is then responsible for proper protection of Products and compliance with all regulations and
ordinances and will indemnify Seller against all claims for personal injuries or property damage arising from the storage,use or handling of such Products. Claims for damage or shortage in transit
must be made by Buyer against the carrier. Buycr has the responsibility to inspect shipments before or during unloading to identify any such damage or shortage and see that appropriate notation•is
made on the delivery tickets or an inspection report furnished by the local agent of the carrier in order to support a claim. Upon transfer of lite Products'risk of loss to Buyer, Buyer is solely
responsible for the care,condition,damage m to s of railcars used to deliver the Products until the railcars are released empty by Buyer to the rail carrier. Without Seller's prior written approval,
neither Buyer nor any of its employees/agents w�11 divert or export any such railcar to anywhere outside the continental U.S. Even with such Seller's approval,Buyer remains fully responsible for
and shall promptly reimburse Seller for all claims)losses,costs,expenses,liabilities,penalties,demands and taxes directly caused by or incidental to such use of the railcars by Buyer.
8.V,ARRANTY/T1NJE FOR MAKING CLAMS. Seller warrants only that it will convey good title to the Products and that,at the time of shipment,the Products will conform to the published
specifications of Seller.Seller's specifications artubject to change at any time without notice to Buyer. NO OTHER WARRANTY OF ANY KIND,EXPRESSED OR IMPLIED,IS MADE BY
SELLER AND SELLER HEREBY DISCLAIMS ALL SUCH OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTiES OF MERCHANTABILITY. FITNESS FOR A
PARTICULAR PURPOSE,OR NONINFRINGEMENT. Buyer must notify Seller of any claim with respect to Products,warranty.or any other claim under this Agreement within thirty(30)days
of Seller's delivery of Products or such claim is;waived. in the event of an alleged breach hereof by Seller,the sole remedy available to Buyer on account of any defect in the Products shall be
limited to the replacement of such defective Products by Seller. In the event the remedy provided herein shall be deemed to have failed its essential propose,then Buyer shall be entitled only to a
refund of the amounts paid to Seller for such dfective Products. Subject to the notification of claim provision above,no action for breach of the contract for sale or otherwise with respect to
Products will be commenced more than one(1)y4ar after the accrual of the cause of action thereto.
9. LIMITATION OF LIABILITY. SELLER'S LIABILITY FOR ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THiS AGREEMENT WILL BE LINfiTED TO THE NET
PURCHASE PRICE ACTUALLY PAID TO SELLER FOR THE PRODUCTS INVOLVED. IN NO EVENT SHALL SELLER BE LiABLE TO BUYI-B )R ANY THIRD PARTY FOR.ANY
INDIRECT, INCIDENTAL, CONSEQUENTir\L. EXEMPLARY OR PUNITIVE DAMAGES FOR ANY CLAIM, WHETHER BASED ON 0 ,(RANTY, CONTRACT, OR TORT
(INCLUDING NEGLIGENCE)OR OTHERNVIi E. Buyer assumes all risks and liability for any damage to persons or property resulting from the u,e of the Products delivered hereunder in
manufacturing processes of Buyer or in combination with other substances or otherwise.
10. INDENINiFICATION. BUYER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND SELLER AND ITS AFFILIATES AND THEIR RESPECTIVE PRESENT OR FUTURE
EMPLOYEES, OFFICERS. DIRECTORS.SH EHOLDERS„INSURERS, AGENTS AND REPRESENTATIVES (COLLECTIVELY,"INDEMNIFIED PARTIES"), FROM ALL CLAIMS,
LIABILITIES,DANI.4GES.SUITS.PROCEED' GS;COSTS AND EXPENSES(INCLUDING REASONABLE ATTORNEYS'FEES)(COLLECTIVELY,"LOSSES"),FOR-ANY DAMAGE,
INJURY, DEATH, LOSS OR DESTRUCTIO1\ OF ANY KIND RELATING TO OR ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, INCLUDING WITHOUT
LINIITATiON, LOSS OR DAMAGE TO ANY PROPERTY OR INJURY TO OR DEATH OF ANY PERSON (INCLUDING,WiTHOUT LIMITATION, BUYER OR ITS EMPLOYEES),
WHETHER ARISING ASA WORKERS'COMPENSATION CLAIM OR UNDER THEORIES OF NEGLIGENCE,TORT,STRICT LIABILITY,INTENTIONAL MISCONDUCT,OR FAULT
OF ANY KIND. AND EVEN iF THE RESULT OR ALLEGED RESULT OF THE CONDUCT, NEGLIGENCE,.ERROR. OMISSION,OR BREACH OF THIS AGREEMENT OR NON-
COMPLIANCE WITH APPLICABLE LAWS BY ANY INDEMNIFIED PARTIES. THiS PROVISION SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS.AGREEMENT.
11.SECURITY'INTEREST. Buyer grmrts to Seller,and Seller retains.a security interest in all Products furnished by Seller and the proceeds thereof.until the purchase price therefor is fully paid.
Seller may file any financing statements and give notice of such security interest to third parties as Seller may determine to be necessary to perfect such security interest.
12. LEGAL COMPLIANCE. Buyer and its �mployees/agents (1) will comply with all applicable U.S. federal, state, local and foreign laws and regulations, including the U.S. Export
Administration Regulations.the U.S.Foreign Coqupt Practices Act,and the U.S.Patriot Act,as amended from time to time(collectively,"Laws');(2)will not subject Seller to any claim,penalty or
loss of benefits under the Laws;and(3)will cooperate with Seller in any audit/inspection relating to the Laws. Upon Seller's request,Buyer will deliver a certificate to Seller in a fomn provided by
Seller,certifying such matters as requested by Seller,as required by the Laws,or pertaining to Buyer's intended use of the Products as represented to Seller.
13.MISCELLANEOUS. Matters wising out of or in connection wilh a sale hereunder will be governed by Kansas laws without regard to conflicts of law rules,and Buyer and Seller consent to the
jurisdiction of Johnson County,Kansas courts. B111111tyer shall not assign this Agreement without Seller's prior written consent. This Agreement constitutes the entire agreement regarding the subject
matterhereof:no modification may be made,unless in writing and signed by the parties:and no acknowledgment/acceptance of purchase order forms containing different/additional terms shall have
force or effect. Seller's failure to enforce any provision will not be a waiver of its right to enforce such provision or any other provision then or thereafter. Any unenforceable provision shall'be
enforced to the extent it is enforceable.Any provision intended to survive shall survive this Agreement's termination/expiration and the consummation ofthe transactions contemplated hereunder.
Com GESS =
_ � INVOICE
Minerals
Page-1 of 1
PLEASE REMIT TO/SELLER: FEDERAL ID#: PAYMENT TERMS INVOICE DATE INVOICE NUMBER
COMPASSP 0 BOX 277043�LS AMERICA 48 1047632 NET 60 DAYS 7/15/2016 71506033
ATLANTA, GA 30384-7043
SOLD TO: 462129/ C54512
CARMEL UTILITIES SHIP TO: 505808/CS54514
3450 W 131 ST ST CARMEL UTILITIES
WESTFIELD, IN 46074 5484 E 126TH ST
CARMEL, IN 46033
UNITED STATES
SHIPPED FROM DATE SHIPPEDCUSTOMER PO BILL OF LADING ORDER NUMBER ORDER TYPE
1.0995-AUGUSTROBBENSSONS
- 07/1 c5/16- W160V - 1619060 - -1619060 . ---So
CARRIER RAIL/TRUCK# EQUIPMENT TYPE F.O.B. FREIGHT TERMS TERRITORY
76599 178 PRODUCT DELIVERED TRUCK C08
TAX STATUS TAX ID# RELEASE# SALES REP
EXEMPT 0031201550 1 C08
PRODUCT DESCRIPTION j TAX I QUANTITY UOM UNIT PRICE EXTENDED PRICE
7517 COARSE ROCK SALT Y 25.1800 TN 104.00 2,618.72
i
SUMMARY:
PRODUCT 2,618.72
FREIGHT&FUEL
j SUBTOTAL 2,618,72
STATE TAX
COUNTY TAX'
CITY TAX
MESSAGES:
TOTAL WEIGHT. . . 50,360.0000 Gross Pounds
FOR BILLING INQUIRIES CALL 1-800-743-7258
THANK YOU FOR YOUR ORDER PLEASE PAY> > > 2,618.72
WE APPRECIATE YOUR BUSINESS IN US DOLLARS
This Sale of Goods is subject to the Terms and Conditions of Sale on the reverse side of this Invoice CREDIT NOTE> > >
(Terms and Conditions of Sale are also available at www.nasalt.com). IN US DOLLARS
TERMS AND CONDITIONS OF SALE
1.PARTIES. "Seller"is identified in the"Remit To"section and"Buyer"in the"Sold To"section of an invoice to which these Terns and Conditions of Sale(`Agreement")relate or are attached.
?:OFFER. No terms in Buyer's bid,purchas$order or other form shall be binding upon Seller. Seller rejects additional/different terms in such Buyer's documents. SELLER'S OFFER IS
EXPRESSLY LIMITED TO AND CONDITIONED UPON BUYER'S ACCEPTANCE OF THIS AGREEMENT.
I
3,'PRICES; TAXES. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ORDERS WiLL BE-INVOICED,
-UNLESS OTHERWISE SPECIFIED IN THISGREEMENT,AT SELLER'S PRiCE IN EFFECT ON THE SCHEDULED DATE OF SHIPMENT. Prices on the invoicing document are net of all
applicable discounts and promotional allowancef. References to"tons"means short tons(2000 lbs.)unless otherwise specified. Any tax or other governmental charges now or'ltereafler levied
upon production,s
severance, manufacture,delivery,storage,consumption,sale,use or shipment of Products ordered or sold are not included in Seller's price and will be charged to and paid by
Buyer.
I
4.CANCELLATION. Orders may be cancel d by Buyer only upon(1)written or oral notice to Seller and accepted in writing by Seller and(2)payment to Seller of reasonable cancellation
charges to be solely determined by Seller. Exec t as otherwise agreed in writing,until the products identified in Buyer's purchase order as accepted by Seller("Products")are shipped,Seller has no
obligation under any order submitted by Buyer(Ind may cancel the order at any time prior to shipment).
5.PAYMENT;CREDIT;PAST DUE ACCOONTS. Buyer will make payment to Seller at the time and in the currency specified on Seller's invoicing document. Seller may,in its solejudgment,
require such other payment terms as Seller deeu I appropriate,including full or partial payment in advance of shipment or by letter of credit. Credit payment terns must have the prior approval of
Seller's Credit Department and must be specific in writing on Seller's invoicing document. Whenever reasonable grounds for insecurity arise with respect to due payment from Buyer or with
respect to Buyer's financial condition generally, eller reserves the right to stop shipment on notification to Buyer and to demand payment in advance or at the time of delivery for future deliveries
or require reasonable assurance of payment,arid in the absence thereof,to cancel,without liability,the unfilled portion of Buyer's order. A finance charge of the lesser of 1.5%per month(1 S%-
APR)or the highest rate permitted by law will be assessed on all past due accounts. Interest charged on a past due invoice will be assessed from the date of the invoice. Amounts owed by Buyer
with where there is no dispute w111 be paid without set-off for any amounts that Buyer may claim are owed by Seller. Buyer agrees to reimburse Seller for all attorney fees and court costs in
connection with default of these payment terms Buyer.
6.DELAYS. All orders are subject to Sellers ability to make delivery at the time and in the quantities specified,and Seller shall not be liable for damages for failure to make partial or complete
shipment or for any delay in staking shipments. Sellcr shall not be liable for delays or defaults in delivery caused by forces not reasonably within Seller's control(including but not limited to delays
or defaults by carriers,extreme cold weather,partial or total failure of Seller's intended production,transportation or delivery facilities,etc.,floods,fires,storms,or other acts of God,war or act of
public enemy(or civil disturbance),strikes,lock outs,shortages of labor or raw materials and supplies(including fuel),acts or omissions of Buyer,action of any governmental authority,or other
force majeure event). Buyer shall be liable for ally added expenses incurred by Seller because of Buyer's delay in furnishing requested information to Seller,delays resulting from order changes by
Buyer,or delay in unloading shipments at the delivery point that are the fault of Buyer.
T.SHIPMENT COSTS/TRANSPORTATION MATTERS. Unless otherwise specified on Seller's invoicing document,all transportation charges, including,but not limited to, Seller's and
carrier's charges for notification prior to delivery demurrage,switching,detention, delay in unloading,diversion,or reconsignment shall be the sole responsibility of Buyer. Buyer will assume title
and risk of loss concurrently in accordance with eller's invoicing document. On passage of title,Buyer is then responsible for proper protection of Products and compliance with all regulations and
ordinances and will indemnify Seller against all claims for personal injuries or property damage arising from the storage,use or handling of such Products. Claims for damage or shortage in transit
must be made by Buyer against the carrier. Buyer has the responsibility to inspect shipments before or during unloading to identify any such damage or shortage and see that appropriate notation is
made on the delivery tickets or an inspection on furnished by the local agent of the carrier in order to support a claim. Upon transfer of the Products'risk of loss to Buyer, Buyer is solely
responsible for the care,condition,damage or logs of railcars used to deliver the Products until the railcars are released empty by Buyer to the rail carrier. Without Seller's prior written approval,
neither Buyer nor any of its employees/agents will 1 divert or export any such railcar to anywhere outside the continental U.S. Even with such Seller's approval,Buyer remains fully responsible for
and shall promptly reimburse Seller for all claims.losses,costs,expenses,liabilities,penalties,demands and taxes directly caused by or incidental to such use of the railcars by Buyer.
S.\VARRANTY/TIi14E F012 MAKING CLAI IS. Seller warrants only that it will convey good title to the Products and that,at the time of shipment,the Products will conform to the published
specifications of Seller.Seller's specifications ar subject to change at any time without notice to Buyer. NO OTHER WARRANTY OF ANY KIND,EXPRESSED OR IMPLIED,IS MADE BY
SELLER AND SELLER HEREBY DISCLAI S ALL SUCH OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE,OR NONINFRINGENIENT. Buyer must notify Seller orally claim with respect to Products,warranty,or any other claim under this Agreement within thirty(30)days
of Seller's delivery of Products or such claim is iwaivcd. In the event of an alleged breach hereof by Seller,the sole remedy available to Buyer on account of any defect in the Products shall be
limited to the replacement of such defective Products by Seller. In the event the remedy provided herein shall be deemed to have failed its essential purpose,then Buyer shall be entitled only to a
refund of the amounts paid to Seller for such defective Products. Subject to the notification of claim provision above,no action for breach of the contract for sale or otherwise with respect to
Products will be commenced more than one(1)y lar after the accrual of the cause of action thereto.
9.LIMITATION OF LIABILITY. SELLER'S LIABILITY FOR ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE NET
PURCHASE PRICE ACTUALLY PAID TO SELLER FOR THE PRODUCTS INVOLVED. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, OR TORT
(INCLUDING NEGLIGENCE)OR OTHERWISE. Buyer assumes all risks and liability for any damage to persons or property resulting from the use of the Products delivered hereunder in
manufacturing processes of Buyer or in combinatii n with other substances or otherwise.
10. INDEMNIFICATION. BUYER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND SELLER AND ITS AFFILIATES AND THEIR RESPECTIVE PRESENT OR FUTURE
EMPLOYEES,OFFICERS, DIRECTORS, SHAEHOLDERS, INSURERS,AGENTS AND REPRESENTATIVES (COLLECTIVELY;;`INDEMNIFIED-PARTIES"), FROM,ALL CLAIMS,
LIABILITIES,DAMAGES,SUITS,PROCEED[ GS,COSTS AND EXPENSES(INCLUDING REASONABLE ATTORNEYS'FEES)(COLLECTIVELY,"LOSSES") FOR ANY DAMAGE,
INJURY,DEATH, LOSS OR DESTRUCTION OF ANY KIND RELATING TO OR ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION, LOSS OR DAMAGE TO ANY PROPERTY OR INJURY TO OR DEATH OF ANY PERSON (INCLUDING,WITHOUT LIMITATION, BUYER OR ITS EMPLOYEES),
WHETFIER ARISING AS A WORKERS-COMIj ENSATION CLAIM OR UNDER THEORIES OF NEGLIGENCE,TORT,STRICT LIABILITY.INTENTIONAL MISCONDUCT,OR FAULT
OF ANY KIND, AND EVEN IF THE RESULT OR ALLEGED RESULT OF THE CONDUCT,NEGLIGENCE, ERROR, OMISSION,OR BREACH OF THIS AGREEMENT OR NON-
COMPLiANCE WITH APPLICABLE LAWS 13ANY INDEMNIFIED PARTIES. THiS PROVISION SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
11.SECURITY INTEREST. Buyer grants to Seller,and Seller retains,a security interest in all Products furnished by Seller and the proceeds thereof,until the purchase price therefor is fully paid.
Seller may file any financing statements and give notice of such security interest to third parties as Seller may determine to be necessary to perfect such security interest.
12. LEGAL COMPLIANCE. Buyer and its -mployceshigents (1) will comply with all applicable U.S. federal, state, local and foreign laws and regulations, including the U.S. Export
Administration Regulations,the U.S.Foreign Cotil-trpt Practices Act,and the U.S.Patriot Act,as amended from time to time(collectively,"Laws");(2)will not subject Seller to any claim,penaltyor
loss of benefits under the Laws:and(3)will cooperate with Seller in any audit/inspection relating to the Laws. Upon Seller's request,Buyer will deliver a certificate to Seller in a form provided by
Seller,certifying such matters as requested by Seller,as required by the Laws,or pertaining to Buyer's intended use of the Products as represented to Seller.
13.MISCELLANEOUS. Matters arising out of or in connection with a sale hereunder will be governed by Kansas laws without regard to conflicts of law rules,and Buyer and Seller consent to the
jurisdiction of Johnson County,Kansas courts. B yer shall not assign this Agreement without Seller's prior written consent. This Agreement constitutes the entire agreement regarding the subject
matter hereof-,no modification may be made,unless in writing and signed by the paries;and no acknowledgment/acceptance of purchase order forms containing different/additional terms shall have
force or effect. Seller's failure to enforce any provision will not be it waiver of its right to enforce such provision or any other provision then or thereafter. Any unenforceable provision shall be
enforced to the extent it is enforceable.Any provi ion intended to survive shall survive this Agreement's termination/expiration and the consummation ofthe transactions contemplated hereunder.
i
Compass —
INVOICE
Minerals
Page-1 of 1
t�
I
PLEASE REMIT TO/SELLER: FEDERAL ID M PAYMENT TERMS INVOICE DATE INVOICE NUMBER.
COMPASSMINEP 0 BOX 277043 48-1047632
AMERICA 48 1047632 NET 60 DAYS 7/13/2016 71505154
ATLANTA, GA 30384-7043
SOLD TO: 462129 / C54512
CARMEL UTILITIES SHIP TO: 505808/CS54514
3450 W 131 ST ST CARMEL UTILITIES
WESTFIELD, IN 46074 5484 E 126TH ST
CARMEL, IN 46033
l UNITED STATES
SHIPPED FROM DATE SHIPPED CUSTOMER POI BILL OF LADINGORDER NUMBER ORDER TYPE
10995-AUGUSTROBBENSSONS
- 07/13/16 W1600 1619057 1619057 SO _
CARRIER RAIL/TRUCK# EQUIPMENT TYPE F.O.B. IFIREIGHTTERMS TERRITORY
76599 178 1 PRODUCT DELIVERED TRUCK C08
TAX STATUS TAX ID# RELEASE# SALES REP
EXEMPT 0031201550 C08
PRODUCT DESCRIPTION TAX QUANTITY UOM UNIT PRICE EXTENDED PRICE
7517 COARSE ROCK SALT Y 24.9700 TN 104.00 2,596.88
F i
I
-
SUMMARY: - - - � -- - --– — - -- --- --_---- _ - -- - --
PRODUCT 2,596.88
FREIGHT&FUEL
SUBTOTAL 2,596.88
STATE TAX
COUNTY TAX
CITY TAX
MESSAGES:
TOTAL WEIGHT. . .49,940.0000 Gross Pounds
FOR BILLING INQUIRIES CALL 1-800-743-7258
THANK YOU FOR YOUR ORDER PLEASE PAY> > > 2,596.88
WE APPRECIATE YOUR BUSINESS IN US DOLLARS
This Sale of Goods is subject to the Terms and Conditions of Sale on the reverse side of this Invoice CREDIT NOTE> > >
(Tarts and Conditions of Sale are also available at www.nasalt.com). IN US DOLLARS
i
TERMS AND CON'DITiONS OF SALE
1_PARTiES. "Seller"is identified in the"Remit"fo"section and"Buyer"in the"Sold To"section of an invoice to which these Terms and Conditions of Sale("Agreement")relate or are attached.
.2-,--OFFER. No terns in Buyer's bid:'purchas�order of other form shall be binding upon Seller. Seller rejects additionaVdifferent terms in such Buyer's documents. SELLER'S OFFER IS
-EXPRESSLY LIMITED TO AND CONDITIO1y Ell UPON BUYER'S ACCEPTANCE OF THIS AGREEMENT.
3-'t RICES;'"PAX,E$. EXCEPT AS OTHERWISE-SPECIFIED IN THIS AGREEMENT, PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ORDERS WILL BE INVOICED,
DESS OTIfER1C'iSE ShI CiP[ED IN THIS 1GREEMENT,AT SL'CLER'S PRICE IN EFFECT ON THE SCHEDULED DATE'OF SHIPMENT. Prices on the invoicing document are net ofall
;apy3icable discounts find pr6motional allowance. References to"tons"means short tons(2000 lbs.)unless otherwise specified. Any tax or other governmental charges now of hereafter levied
.upon production,severance,manutacttuc.deliver)'.storage:con;'u'mlition,sale,use or shipment of Products ordered or sold arc not included in Seller's price and will be char ed to and paid by
Buver.
4.CANCELLATION. Orders may be canceld by Buyer only upon(1)written or oral notice to Seller and accepted in writing by Seller and(2)payment to Seller of reasonable cancellation
charges to be solely determined by Seller. Exccl.t as otherwise agreed in writing,until the products identified in Buyer's purchase order as accepted by Seller("Products")are shipped,Seller has no
oblieation under am'order submitted by Buyer(:#nd may cancel the order at any time Prior to shipment).
5.PAYiWIENT;CREDIT:PAST DUE ACCO,�hNTS. Buyer will make payment to Scller at the time and in the currency specified on Seller's invoicing document. Seller may,in its solejudgment,
require such other payment terms as Seller deerns appropriate,including full or partial payment in advance of shipment or by letter of credit. Credit payment terms must have the prior approval of
Seller's Credit Department and must be spccifickl in writing on Seller's invoicing document. Whenever reasonable grounds I'or insecurity mise with respect to due payment from Buyer or with
respect to Buycr's financial condition generally,Seller reserves the right to stop shipment on notification to Buyer and to demand payment in advance or at the time of delivery for future deliveries
or require reasonable assurance of payment,and in the absence thereof,to cancel,without liability,the unfilled portion of Buyer's order. A finance charge of the lesser of 1.5%per month(IS%-
APR)or the highest rate permitted by law will be assessed on all past clue accounts. Interest charged on a past due invoice will be assessed from the date of the invoice. Amounts owed by Buyer
with where there is no dispute will be paid witl}out set-off for any amounts that Buyer may claim arc owed by Seller. Buyer agrees to reimburse Seller for all attorney fees and court costs in
connection with default of these payment tetras NLv Buyer.
6.DELAYS. ll orders arc subject to Seller's ability to make delivery at the time and in the quantities specified,and Seller shall not be liable for damages for failure to make partial or complete
shipment or for any delay in making shipments. Seller shall not be liable for delays or defaults in delivery caused by forces not reasonably within Seller's control(including but not limited to delays
or defaults by carriers,extreme cold weather,patltial or total failure of Seller's intended production,transportation or delivery facilities,etc.,floods,fires,storms,or other acts of God,war or act of
public cncnnv(or civil disturbance),strikes,locki outs,shortages of labor or raw materials and supplies(including fuel),acts or omissions of Buyer,action of any governmental authority,or other
force majeure event). Buyer shall be liable for any added expenses incurred by Seller because of Buyer's delay in furnishing requested information to Seller,delays resulting from order changes by
Buyer,or delay in unloading shipments at the deljvery point that are the fault of Buyer.
7. SHIPMENT COSTS/TRANSPORTATION i1MATTERS. Unless otherwise specified on Seller's invoicing document,all transportation charges, including,but not limited to, Seller's and
carrier's charges for notification prior to delivery demurrage,switching,detention, delay in unloading,diversion,or reconsignment shall be the sole responsibility of Buyer. Buyer will assume title
and risk of loss concurrently in accordance witheller's invoicing document. On passage of title,Buyer is then responsible for proper protection of Products and compliance with all regulations and
ordinances and will indemnify Seller against all Maims for personal injuries or property damage arising from the storage,use or handling of such Products. Claims for damage or shortage in transit
must be made by Buyer against the carrier. Buver has the responsibility to inspect shipments before or during unloading to identify any such damage or shortage and see that appropriate notation is
made on the delivery tickets or an inspection report furnished by the local agent of the carrier in order to support a claim. Upon transfer of the Products'risk of loss to Buyer, Buyer is solely
responsible for the care,condition,damage or lo.,of railcars used to deliver the Products until the railcars are released ennpty by Buyer to tine rail carrier. Without Seller's prior written approval,
neither Buyer nor any of its employees/agents tvi I divert or export any such railcar to anywhere outside the continental U.S. Even with such Seller's approval.Buyer remains fully responsible for
and shall promptly reimburse Seller for all claimslosses,costs,expenses,liabilities,penalties,demands and taxes directly caused by or incidental to such use of the railcars by'Buyer.
S.\\'ARRANTY/TIME FOR MAKING CLAI)j IS. Seller warrants only that it will convey good title to the Products and that,at the time'of shipment,the Products will conform to the published
specifications of Seller.Seller's speciticatioLs arc)subject to change at any time without notice to Buyer. NO OTHER WARRANTY OF ANY KIND,EXPRESSED OR IMPLIED,iS MADE BY
SELLER AND SELLER HEREBY DISCLAIMS ALL SUCH OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE-,OR NONINFRiN'GEMENT. Buyer must notify Seller of any claim with respect to Products,warranty,or any other claim under this Agreement within thirty(30)days
of Seller's delivery of Products or such claim is waived. In the event of an alleged breach hereof by Seller,the sole remedy available to Buyer on account of any defect in the Products shall be
limited to the replacement of such defective Products by Seller. In the event the remedy provided herein shall be deemed to have failed its essential purpose,then Buyer shall be entitled only to a
refund of the amounts paid to Seller for such dccctive Products. Subject to the notification of claim provision above,no action for breach of the contract for sale or otherwise with respect to
Products will be commenced more than one(1)y ar after the accrual of the cause of action thereto.
9.LIMITATION OF LIABILITY. SELLER'S LIABILITY FOR ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITEDTO THE NET
PURCHASE PRiCE ACTUALLY PAiD TO SELLER FOR THE PRODUCTS INVOLVED. iN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIr L, EXEMPLARY OR PUNITIVE DAMAGES FOR ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, OR TORT
QN'CLUDING NEGLIGENCE)OR OTHERWI IE. Buyer assumes all risks and liability for any damage to persons or property resulting from the use of the Products delivered hereunder in
manufacturing processes of Buyer or in combination with other substances or otherwise.
10. INDEMNIFICATION. BUYER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND SELLER AND ITS AFFILIATES AND THEiR RESPECTIVE PRESENT OR FUTURE
EMPLOYEES.OFFICERS, DIRECTORS, SHAREi-IOLDERS,INSURERS,AGENTS AND..REPRESENTATIVES (COLLECTIVELY,"INDEMNIFIED PARTIES"). FROM ALL CLAIMS,
LIABILITIES.DAMAGES.SUITS,PROCEEDINGS,COSTS AND EXPENSES(INCLUDING'REASONABLE ATTORNEYS—FEES)(COLLECTIVELY,"LOSSES"),FOR ANY DAMAGE,
IN.IURY, DEATH, LOSS OR DESTRUCTION OF ANY KIND RELATING TO OR ARiSING-OUT OF THE PERFORMANCE OF THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION, LOSS OR DAMAGE TO ANY PROPERTY OR INJURY TO OR DEATH OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, BUYER OR ITS EMPLOYEES),
WHETHER ARISING AS A WORKERS'COMPENSATION CLAIM OR UNDER THEORIES OF NEGLIGENCE,TORT,STRICT LIABILITY,INTENTIONAL MISCONDUCT,OR FAULT
OF ANY KIND, AND EVEN IF THE RESULT OR ALLEGED RESULT OF THE CONDUCT, NEGLIGENCE, ERROR. OMISSION,OR BREACH OF THIS AGREEMENT OR NON-
COMPLIANCE WITH APPLICABLE LAWS Bl ANY INDEMNIFIED PARTIES. THIS PROVISION SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
11.SECURITY INTEREST. Buyer grants to Seller,and Seller retains.a security interest in all Products furnished by Seller and the proceeds thereof,until the purchase price therefor is fully paid.
Seller may file any financing statements and give lotice of such security interest to third parties as Seller may determine to be necessary to perfect such security interest.
12. LEGAL COMPLIANCE. Buyer and its nnployees/agents (1) will comply with all applicable U.S. federal, state, local and foreign laws and regulations, including the U.S. Export
Administration Regulations,the U.S.Foreign Corrupt Practices Act.and the U.S.Patriot Act,as amended from time to time(collectively."Laws");(2)will not subject Seller to any claim.penalty or
loss of benefits under the Laws;and(3)will cooperate with Seller in any audit/inspection relating to the Laws. Upon Seller's request,Buyer will deliver a certificate to Seller in a form provided by
Seller,certifying such matters as requested by Sell"cr,as required by the Laws,or pertaining to Buyer's intended use of the Products as represented to Seller.
13.191SCELLANEOUS. Matters arising out of t'r in connection with a sale hereunder will be governed by Kansas laws without regard to conflicts of law rales,and Buyer and Seller consent to the
jurisdiction of Johnson County.Kansas courts. B yer shall not assign this Agreement without Seller's prior written consent. This Agreement constitutes the entire agreement regarding the subject
matter hereof;no modification may be made,unle s in writing and signed by the parties;and no acknowledgment/acceptance of purchase order fortis containing different/additional terms shall have
force or effect. Seller's failure to enforce any pr vision will not be a waiver of its right to enforce such provision or y other provision then or thereafter. Any unenforceable provision shall be
enforced to the extent it is enforceable.Any provision an
ion intended to survive shall survive this Agreement's termination/expiration and the consummation of the transactions contemplated hereunder.
CompassINVOICE
Minerals _
Page-1 of 1 �•
PLEASE REMIT TOISELLER: FEDERAL ID#: PAYMENT TERMS INVOICE DATE INVOICE NUMBER
COMPASSMINEP O BOX 277043 48-1047632
AMERICA 48 1047632 NET 60 DAYS 7/11/2016 71504245
ATLANTA, GA 30384-7043
SOLD TO: 462129 / C54512
CARMEL UTILITIES SHIP TO: 505808/CS54514
3450 W 131 ST ST CARMEL UTILITIES
WESTFIELD, IN 46074 5484 E 126TH ST
CARMEL, IN 46033
UNITED STATES
1
SHIPPED FROM DATE SHIPPED CUSTOMER PO BILL OF LADING ORDER NUMBER ORDER TYPE
10995-AUGUSTROBBENSSONS
-- - - 07/11/16 w1 '5 1617411 161.7411 SO
CARRIER RAIL I TRUCK# EQUIPMENT TYP F.O.B. FREIGHT TERMS TERRITORY
76599 178 PRODUCT DELIVERED TRUCK C08
TAX STATUS TAX ID# RELEASE# SALES REP
EXEMPT 0031201550 T C08
PRODUCT DESCRIPTION j TAX QUANTITY UOM UNIT PRICE EXTENDED PRICE
7517 COARSE ROCK SALT Y 25.5800 TN 104.00 2,660.32
i
I
F I '
SUMMARY, - _ -- - --i------_---- � - __ - - --- — ---- -- - -=-- --
PRODUCT 2,660.32
FREIGHT&FUEL
SUBTOTAL 2,660.32
STATE TAX
COUNTY TAX
CITY TAX
MESSAGES:
TOTAL WEIGHT . . . 51,160.0000 Gross Pounds
FOR BILLING INQUIRIES CALL 1-600-743-7258
THANK YOU FOR YOUR ORDER PLEASE PAY>> > 2,660.32
WE APPRECIATE YOUR BUSINESS IN US DOLLARS
This Sale of Goods is subject to the Terms and Conditions of Sale on the reverse side of this Invoice CREDIT NOTE> > >
(Terms and Conditions of Sale are also available at www.nasalt.com). IN US DOLLARS
i
i
TERNIS AND CONDITIONS OF SALE
I.PARTIES. "Seller"is identified in the"Rent to section and"Buyer"in the"Sold To"section of an invoice to which these Terms and Conditions of Sale("Agreement")relate or are attached.
2i bFFER. No terms in Buyer's bid, purchash order or other form shall be binding upon Seller. Seller rejects acid itionaVdifferent terms in such Buyer's documents. SELLER'S OFFER IS
ElPRESSLY LIMITED 1-0 AND CONDITION ED UPON BUYER'S ACCEPTANCE OF THIS AGREEMENT.
--
-'..PRICES; TAXES. PXCEPT_pS OTHER 'ISE SPECIFIED.IN,�'H�S AGREEMENT,PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ORDERS WILL BE INVOICED,
-UNLESS OTHERWISE SPECIFIED IN Tf-IISAGREEMENT,r\T SELLER'S PRiCE IN EFFECT ON THE SCHEDULED DATE OF SHIPMENT. Prices on the invoicing document are her of all
applicable discounts-and promot,iongl allowance. References to."tons"means short tons(2000 lbs.)unless otherwise specified. Any tax or other governmental charges now,or hereafter levied
ulioit production.severance,mailufacnue,delivery,storage,consumpiion,sale,use or shipment of Products ordered or sold are not included in Seller's price and will be charged to and paid by
Buyer.
d.CANCELLATION. Orders may be canceled by Buyer only upon(1)written or oral notice to Seller and accepted in writing by Seller and(2)payment to Seller of reasonable cancellation
charges to be solely determined by Seller. Fxccdt as otherwise agreed in writing,until the products identified in Buyer's purchase order as accepted by Seller("Products")are shipped,Seller has no
obligation under any order submitted by Buyer(and may cancel the order at any time prior to shipment).
5.PAWVIENT;CREDIT:PAST DUE ACCOUNTS. Buyer will make payment to Seller at the time mid in the currency specified on Seller's invoicing document. Seller may,in its solejudgment,
require such other payment terms as Seller deems appropriate,including fiill or partial payment in advance of shipment or by letter of credit. Credit payment terms must have the prior approval of
Seller's Credit Department and must be spccificll in writing on Seller's invoicing document. Whenever reasonable grounds for insecurity arise with respect to due payment from Buyer or with
respect to Buyer's Financial condition generally.Seller reserves the right to stop shipment on notification to Buyer and to demand payment in advance or at the time of dclivery for future deliveries
or require reasonable assurance ofpayment.andlin the absence thereof,to cancel,without liability,the unfilled portion of Buyer's order. A finance charge of the lesser of 1.5%per month(13%-
APR)or the highest rate permitted by law will be assessed on all past due accounts. Interest charged on a past due invoice will be assessed from the date of the invoice. Amounts owed by Buyer
with where there is no dispute will be paid will Out set-off for any amounts that Buyer may claim are owed by Seller. Buyer agrees to reimburse Seller for all attorney ices and court costs in
connection with default of these payment terms b,v Buyer.
6.DELAYS. All orders are subject to Seller's ability to make delivery at the time and in the quantities specified,and Seller shall not be liable for damages for failure to make partial or complete
shipment or for any delay in making shipments. Seller shall not be liable for delays or defaults in delivery caused by forces not reasonably within Seller's control(including but not limited to delays
or defaults by carriers,extreme cold weather,partial or total failure of Seller's intended production,transportation or delivery facilities,etc.,floods,fires,storms,or other acts of God,war or act of
public enemy(or civil disturbance),strikes,lock}outs,shortages of labor or raw materials and supplies(including fuel),acts or omissions of Buyer,action of any governmental authority,or other
force majeure event). Buyer shall be liable for any added expenses incurred by Seller because of Buyer's delay in furnishing requested information to Seller,delays resulting front order changes by
Buyer,or delay in unloading shipments at the delivery point that are the fault of Buyer.
7.SHIPNIENT COSTS/TRANSPORTATION MATTERS. Unless othenvise specified on Seller's invoicing document,all transportation charges, including,but not limited to, Seller's and
canier's charges for notification prior to delivery,,demurrage,switching,detention, delay in unloading,diversion,or recons igornent shalt be the sole responsibility of Buyer. Buyer will assume title
and risk of loss concurrently in accordance with Seller's invoicing document. On passage of title,Buyer is then responsible for proper protection of Products and compliance with all regulations and
ordinances and will indemnify Seller against all claims for personal injuries or property damage arising from the storage,use or handling of such Products. Claims for damage or shortage in transit
must be made by Buyer against the carrier. Buyer has the responsibility to inspect shipments before or during unloading to identify any such damage or shortage and see that appropriate notation is
made on the delivery tickets or an inspection re on furnished by the local agent of the carrier in order to support a claim. Upon transfer of the Products' risk of loss to Buyer, Buyer is solely
responsible for the care,condition,damage or los ofrailcars used to deliver the Products until the railcars are released empty by Buyer to the rail carrier. Without Seller's prior written approval,
neither Buyer nor any of its eniployees/agents wi�I divert or export any such railcar to anywhere outside the continental U.S. Even with such Seller's approval,Buyer remains fully responsible for
and shall promptly rciniburse Seller for all claims,losses,costs,expenses,liabilities,penalties.demands and taxes directly caused by or incidental to such use of the railcars by Buyer.
S.WARRANTY/TIME FOR MAKING CLAIMS. Seller warrants only that it will convey good title to the Products and that,at the time of shipment,the Products will conform to the published
specifications of Seller.Seller's specifications are subject to change at any time without notice to Buyer. NO OTIIER WARRANTY OF ANY KIND,EXPRESSED OR IMPLIED,1S MADE BY
SELLER AND SELLER HEREBY DISCLAIMS ALL SUCH OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITi', FITNESS FOR A
PARTICULAR PURPOSE,OR NONINFRINGE;LENT. Buyer must notify Seller of any claim with respect to Products,warranty,or any other claim under this Agreement within thirty(30)days
of Seller's delivery of Products or such claim is waived. In the event of an alleged breach hereof by Seller.the sole remedy available to Buyer on account of any defect in the Products shall be
limited to the replacement ofsuch defective Products by Seller. In the event the remedy provided herein shall be deemed to have failed its essential purpose,then Buyer shall be entitled only to a
refund of the amounts paid to Seiler for such de�ective Products. Subject to the notification of claim provision above,no action for breach of the contract for sale or otherwise with respect to
Products will be commenced more than one(I)yC.er after the accrual of the cause of action thereto.
9. LIMITATION OF LIABILITY. SELLER'S LIABILITY FOR ANY CLAiM ARISING UNDER OR IN CONNECTION WiTH THIS AGREEMENT WILL BE LIMITED TO THE NET
PURCHASE PRICE ACTUALLY PAID TO SELER FOR THE PRODUCTS INVOLVED. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, CONS EQUENTi L, EXEMPLARY OR PUNITIVE DAMAGES FOR ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, OR TORT
(INCLUDING NEGLIGENCE)OR OTHERWI.E. Buyer assumes all risks and liability for any damage to persons or properly resulting from the use of the Products delivered hereunder in
manufactming processes of Buyer or in combination with other substances or otherwise.
10. i\DENINIFiCATION. BUYER SHALL INDEMNIFY. HOLD HARMLESS AND DEPEND SELLER AND ITS AFFILIATES AND THEIR RESPECTIVE PRESENT OR FUTURE
EMPLOYEES,OFFICERS, DIRECTORS, SHAfZEI-IOLDERS,INSURERS,AGENT'S AND REPRESENTATIVES. "INDEMNIFIED PARTIES"), FROM ALL CLAIMS,
LIABILITIES,DAMAGES,SUiTS,PROCEE-DiN'GS,COSTS AND EXPENSES(INCLUDING REASONABLE ATTORNEYS'FEES)(COLLECTIVELY,"LOSSES-'), FOR ANY DAMAGE,
INJURY, DEATH. LOSS OR DESTRUCTION OF ANY KIND RELATING TO OR ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, INCLUDING WiTHOUT
LIMITATION, LOSS OR DAMAGE TO ANY!PROPERTY OR iNJURY TO OR DEATH OF ANY PERSON (INCLUDING. WITHOUT LIMITATION, BUYER OR ITS EMPLOYEES),
WHETHER ARISING AS A WORKERS'COMP1ENSATION CLAIM OR UNDER THEORIES OF NEGLIGENCE,TORT,STRICT LIABILITY;INTENTIONAL MISCONDUCT,OR FAULT
OF ANY KIND, AND EVEN IF THE RESULT OR ALLEGED RESULT OF THE CONDUCT,NEGLIGENCE,ERROR,OMISSION,OR BREACH OF THIS AGREEMENT OR NON-
COMPLIANCE WITH APPLICABLE LAWS BI ANY INDEMNIFIED PARTIES. THiS PROVISION SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
11.SECURITY INTEREST. Buyer grants to Seller,and Seller retains,a security interest in all Products furnished by Seller and the proceeds thereof,until the purchase price therefor is filly paid.
Seller may file any financing statements and give notice of such security interest to third parties as Seller may determine to be necessary to perfect such security interest.
12. LEGAL COMPLIANCE. Buyer and its hmployces/agents (1) will comply with all applicable'U.S. federal, state, local and foreign laws and regulations, including the U.S. Export
;ldministration Regulations,the U.S.Foreign Corrupt Practices Act,and the U.S.Patriot rut,as amended from time to time(collectively,"Laws");(2)will not subject Seller to any claim,penalty or
loss of benefits under the Laws:and(3)will cooperate with Seller in any audit/inspection relating to the Latus. Upon Seller's request,Buyer will deliver a certificate to Seller in a form provided by
Seller.certifying such matters as requested by Sct�l
er,as required by the Laws,or pertaining to Buyer's intended use of the Products as represented to Seller.
13.MISCELLANEOUS. Ntatters arising out of r in connection with a sale hereunder will be governed by Kansas laws without regard to conflicts of law rules,and Buyer and Seller consent to the
jurisdiction ofJohnson County,Kansas courts. Byer shall not assign this Agreement without Seller's prior written consent. This Agreement constitutes the entire agreement regarding the subject
matter licrcof no modification may be made,unless in writing and signed by the parties;and no acknowledgment/acceptance of purchase order forms containing different additional terms shall have
force or effect. Seller's failure to enforce any provision will not be a waiver of its right to enforce such provision or any other provision then or thereafter. :\ray unenforceable provision shall be
enforced to the extent it is enforceable.Any provi ion intended to survive shall survive this Agreenhent's termination/expiration and the cons unuilation of the transactions contemplated hereunder..
Is an acknowledgement that a BIII of Lading has been issued and is not the Original Bill of Lading,nor
This Memorandum a copy or duplicate,covering the property named herein,and is intended solely for filing or record. B 17733
Shipper No.
Carrier No.
Date
Name of Carrier
Consignee Ir! ' (f j`, !� ,, Shipper AUGUST ROBBEN SONS, INC.
Street Street 6500 Bender Rd.
Destination ({ :.,� ( ''r' Origin Cincinnati, Ohio 45233
Emergency Response Vehicle f
Route Phone Number / s=
No. Shipped Kind of Packaging, Description of Articles Weight
Units Special Marks and Exceptions subject to correction Rate CHARGES
TONS f, ' _ ] —
Received
ACCT # :
When transporting hazardous materials include the technical or chemical name f ..s.(not otherwise specified)or generic descri n ql material th ap{fropn a UNIr ISA numb r as defined in US DOT Emergency Communication Standard(HM-126C).
Provide emergency response phone In case of incident or accident in box shove. I(,'( fti [ Q
REMIT C.O.D.FEE:
C.O.D.TO: PREPAID ❑
ADDRESS: coo Amt: $ COLLECT ❑$
NOTE—Where fherate Is dependent on value hippers This is to certify that the above named materials are prop- Subject to Section 7 of the conditions,if this shipment Is to be delivered TOTAL
are required to state specifically in writing the agreed or arty classified,described,packaged,marked,and labeled, to the consignee without recourse on the consignor,the consignor shall CHARGES $
declared value of the property. and are In proper condition for transportation according to sign the following statement:
The agreed or declared value of the property is hereby the applicable regulations to the Department of The carder shall not make delivery of this shipment without payment FREIGHT CHARGES
specifically stated by the shipper to be not exceeding Transportation. of freight and all other lawful charges. FREIGHT PREPAID Check box if charges
$ per Signature (Signature of Consignor)I except when box at ❑ are to be
ri ht is checked collect
RECEIVED,subject to the classifications and lawfully filed tariffs in effect on the date of the issue and conditions in the governing classification on the date of shipment.
of this Bill of Lading,the property described above in apparent good order,except as noted(contents Shipper hereby certifies that he is familiar with all the Bill of Lading terms and conditions in the
and condition of contents of packages unknown),marked,consigned and destined as indicated above governing classification and the said terms and conditions are hereby agreed to by the shipper and
which said carrier(the word carrier being understood throughout this contract as meaning any person accepted for himself and his assigns.
or corporation in possession of the property under the contract)agrees to carry to its usual place of NOTICE:Freight moving under this Bill of Lading is subject to the classifications and lawfully filed
delivery at said destination if on its route,otherwise to deliver to another carrier on the route to said tariffs in effect on the date of this Bill of Lading.This notice supersedes and negates any claimed,
destination.It is mutually agreed as to each carrier of all or any of said property over all or any alleged or asserted oral or written contract,promise,representation or understanding between the
portion of said route to destination and as to each party at any time interested in all or any said parties with respect to this freight,except to the extent of any written contract which establishes lawful
property,thatever servicetobe performedhereundershallbesubject toall the Bill ofLading terms contract carriage andissigned bauthorized representatives of both partiestothe contract.
SHIPPER AUGUST ROBBEN SONS, INC. CARRIER
S
COMPASS MINERALPER
PER
5 DATE ,ti:
_ 'HAZARDOUS MATERIALS MARK WITH-X-TO,DESIGNATE HAZARDOUS MATERIALS AS REFERENCED IN OCFW172.202
Is an acknowledgement that a bfill of Lacing has been issued and is not the Original Bill of Lading,nor '
This Memorandum a copy or duplicate,covering the property named herein,and is intended solely for filing or record.
Shipper No. B 17834
Carrier No.
Date % , /ell
Name of Carrier
TO: j FROM:
Consignee i" + (_.:. Shipper AUGUST ROBBEN SONS, INC.
Street ! Street 6500 Bender Rd.
Destination (f, :._l,-- Origin Cincinnati, Ohio 45233
Emergency Response Vehicle
Route Phone I Number
No.Shipped Kind of Packaging, Description of,Articles Weight
Units Special Marks and Exce tins - - subject to correction Rate CHARGES
TONS 'j �' ; -
;; Date .
PO C
103 ;
Nse :
When transporting hazardous materials include the technical or the . .s. nol otherwise specified)or generic description of material with appropriate UN or NA number as defined in US DOT Emergency Communication Standard(HM-126C).
Provide emergency response phone in case of incident or accident In box above.
REMIT C.O.D.FEE:
C.O.D.TO: r PREPAID El
ADDRESS: COD Amt: $ COLLECT 0
$
NOTE—Where the rate is dependent on valte.shippers This is to certify that the above named materials are prop- Subject to Section 7 of the conditions,if this shipment is to be delivered TOTAL
are required to state specifically in writing the agreed or erly classified,described,packaged,marked,and labeled, to the consignee without recourse on the consignor,the consignor shall $
declared value of the property. and are in Proper condition for transportation according to sign the following statement: CHARGES
The agreed or declared value of the property is hereby the applicable regulations to the Department of The carver shall not make delivery of this shipment without payment FREIGHT CHARGES
specifically stated by the shipper to be not exceeding Transportation. of freight and all other lawful charges. FREIGHT PREPAID Check box if charges
$ per Signature (Signature o1 Consignor) except=box at are to be
riht is checked ❑ collect
RECEIVED,subject to the classifications and lawfully filed tariffs in effect on the date of the issue and conditions in the governing classification on the date of shipment.
of this Bill of Lading,the property described above in apparent good order,except as noted(contents Shipper hereby certifies that he is familiar with all the Bill of Lading terms and conditions in the
and condition of contents of packages unknown),marked,consigned and destined as indicated above governing classification and the said terms and conditions are hereby agreed to by the shipper and
which said carrier(the word carrier being understood throughout this contract as meaning any person accepted for himself and his assigns.
or corporation in possession of the property under the contract)agrees to carry to its usual place of NOTICE:Freight moving under this Bill of Lading is subject to the classifications and lawfully filed
delivery at said destination if on its route,otherwise to deliver to another carrier on the route to said tariffs in effect on the date of this Bill of Lading.This notice supersedes and negates any claimed,
destination.It is mutually agreed as to each carrier of all or any of said property over all or any alleged or asserted oral or written contract,promise,representation or understanding between the
portion of said route to destination and as to each party at any time interested in all or any said parties with respect to this freight,except to the extent of any written contract which establishes lawful
property,thatever servicetobe erformedhereundershallbesubject toalltheBill ofLading terms contract carriage andissigned bauthorized representatives of both partiestothe contract.
SHIPPER AUGUST ROBBEN SONS, INC. CARRIER
PER COMPASS MINERALS PER
DATE
'HAZARDOUS MATERIALS MARK WITH"X"TO DESIGNATE HAZARDOUS MATERIALS AS REFERENCED IN 49CFR/172.202 ��
IS an acKnowleagement Inat a toff or Laaing nas Deen ISSUea ana IS not the Vnglnal bill of Laaing,nor
This Memorandum a copy or duplicate,covering the property named herein;and is intended solely for filing or record.
IB 17738
Shipper No.
Carrier No.
Date
Name of Carrier
TO.:Consignee ¢` r FROM: AUGUST ROBBEN SONS INC.
/' _j. �•-`�; .}'� �. Shi per ,
Street Street 6500 Bender Rd.
Destination ;;.,•: ,;' %' Origin . ''Cincinnati, Ohio 45233
Emergency Response Vehicle
Route Phone Number
No.Shipped Kind of Packaging, Description of Articles 6 Weight
Units subject to correction) Rate CHARGES
TONSR. ,
PO
:r 3
• 3
When transporting hazardous materials include the technical or chemical name for n.o.s.(not otherwise specked)or generic description of material with appropriate UN or NA number as defined in US DOT Emergency Communication Standard(HM-126C).
Provide emergency response phone in case of incident or accident in box above.
REMIT C.O.D.FEE:
C.O.D.TO. n PREPAID El
ADDRE f COD Amt: $ COLLECT ❑$
NOTE—Where the rate is dependent on vIlue,shippers This is to certify that the above named materials are prop- Subject to Section 7 of the conditions,if this shipment is to be delivered TOTAL '
are required to state specifically in writing the agreed or erly classified,described,packaged,marked,and labeled, to the consignee without recourse on the consignor,the consignor shall CHARGES $
declaretl value of the properly. and ere in proper condition for transportation according to sign the following statement:
The agreed or declared value of the property is hereby the applicable regulations to the Department of The carder shall not make delivery of this shipment without payment FREIGHT CHARGES
specifically stated by the shipper to be not exceeding Transportation. of freight and all other lawful charges. FREIGHT PREPAID Check box if charges
$ per Signature (Signature of Consignor)1 except when box at E] are to be
ri ht Is checked collect
RECEIVED,subject to the classifications and lawfully filed tariffs in effect on the date of the issue and conditions in the governing classification on the date of shipment.
of this Bill of Lading,the property described above in apparent good order,except as noted(contents Shipper hereby certifies that he is familiar with all the Bill of Lading terms and conditions in the
and condition of contents of packages unknown),marked,consigned and destined as indicated above governing classification and the said terms and conditions are hereby agreed to by the shipper and
which said carrier(the word carrier being understood throughout this contract as meaning any person accepted for himself and his assigns.
or corporation in possession of the property under the contract)agrees to carry to its usual place of NOTICE:Freight moving under this Bill of Lading is subject to the classifications and lawfully filed
delivery at said destination if on its route,otherwise to deliver to another carrier on the route to said tariffs in effect on the date of this Bill of Lading.This notice supersedes and negates any claimed,
destination.It is mutually agreed as to each carrier of all or any of said property over all or any alleged or asserted oral or written contract,promise,representation or understanding between the
portion of said route to destination and as to each party at any time interested in all or any said parties with respect to this freight,except to the extent of any written contract which establishes lawful
property,thatever service to be performedhereundershallbesubject toalltheBill ofLadin terms contract carriage andissigned bauthorized representatives of both partiestothe contract.
SHIPPER AUGUST ROBBEN SONS, INC. CARRIERPER COMPASS MINERALS PER
DATE
'HAZARDOUS MATERIALS MARK WITH"X"TO DESIGNATE HAZARDOUS MATERIALS AS REFERENCED IN 49CFR/172.202
is an acknowledgement that a Bill of Lading has been issued and is not the Original Bill of Lading,nor
This Memorandum a copy or duplicate,covering the property named herein,and is intended solely for filing or record: pp
Shipper No. ® A 7 8"'5
Carrier No.
Date
Name of Carrier
TO: -
Consignee _ ,? -.;?j;: Shipper AUGUST ROBBEN SONS, INC.
Street Street 6500 Bender Rd.
Destination t'.. f Origin Cincinnati, Ohio 45233
Emergency Response Vehicle
Route Phone Number 21 f'
No.Shipped Kind of Packaging, Description of'Articles Weight
Units Special Marks and Exceptions subject to correction Rate CHARGES
:,% TONS �'// .,,.f f ,�' t"
f _ '
When transporting hazardous materials include the technical or chemical name for n.o.s.(not otherwise specked)or generic description of material with appropriate UN or NA number as defined in US DOT Emergency Communication Standard(HM-126C).
Provide emergency response phone in case of incident or accident in box above.
REMIT C.O.D.FEE:
C.O.D. l TO: l �f PREPAID El// ( � COD Amt: $ COLLECT E]$
NOTE—Where the rate is dependent on value,shippers Thi certify that the above named materia are prop- Subject to Section 7 of the conditions,if this shipment is to be delivered TOTAL
are required to state specifically in writing the agreed or edy classified,described,packaged,marked,and labeled, to the consignee without recourse on the consignor,the consignor shallCHARGES $
declared value of the property. and are in proper condition for transportation according to sign the following statement:
The agreed or declared value of the property is hereby the applicable regulations to the Department of The carder shall not make delivery of this shipment without payment FREIGHT CHARGES
specifically stated by the shipper to be not exceeding Transportation. of freight and all other lawful charges. FREIGHT PREPAID Check box if charges
$ par Signature (Signature of Consignor) except when box at El are to be
right is checked collect
RECEIVED,subject to the classifications and lawfully filed tariffs in effect on the date of the issue and conditions in the governing classification on the date of shipment.
of this Bill of Lading,the property described above in apparent good order,except as noted(contents Shipper hereby certifies that he is familiar with all the Bill of Lading terms and conditions in the
and condition of contents of packages unknown),marked,consigned and destined as indicated above governing classification and the said terms and conditions are hereby agreed to by the shipper and
which said carrier(the word carrier being understood throughout this contract as meaning any person accepted for himself and his assigns.
or corporation in possession of the property under the contract)agrees to carry to its usual place of NOTICE:Freight moving under this Bill of Lading is subject to the classifications and lawfully filed
delivery at said destination if on its route,otherwise to deliver to another carrier on the route to said tariffs in effect on the date of this Bill of Lading.This notice supersedes and negates any claimed,
destination.It is mutually agreed as to each carrier of all or any of said property over all or any alleged or asserted oral or written contract,promise,representation or understanding between the
portion of said route to destination and as to each party at any time interested in all orany said parties with respect to this freight,except to the extent of any written contract which establishes lawful
property,thatever servicetobe erformedhereundershallbesubject toalltheBillofLadin terms contract carriage andissigned bauthorized representatives of both partiestothe contract.
SHIPPER AUGUST ROBBEN SONS, INC. CARRIER 'w;.,.,'•'... r ~ �.:
PER COMPASS MINERALS PER
'r
DATE
'HAZARDOUS MATERIALS MARK WITH'X"TO DESIGNATE HAZARDOUS MATERIALS AS REFERENCED IN 49CFR/172.202
is an acknowledgement that a Bill of Lading has been issued and is not the Unginal Bill of Lading,nor
This Memorandum a copy or duplicate,covering the property named herein,and is intended solely for filing or record. B 17826
Shipper No.
Carrier No.
Date G
Name of Carrier
TO: FROM:
Consignee ��,,;, .,,., 1 ,/ ,, , Shipper AUGUST ROBBEN SONS, INC.
Street Street 6500 Bender Rd.
Destination _ _,__, ,.,,:,(.. Origin Cincinnati, Ohio 45233
Emergency Response Vehicle
Route Phone Number
No.Shipped Kind of Packaging, Description of Articles Weight
Units / Special Marks and Exceptions (subject to correction) Rate CHARGES
TONS r •�� ! �� ��re.t_�, / Lr>L'7 F., r l/Y fi.. `.S:' +,.z"�ciu r`_aA � ,'�, Yjr,;'ise:"c-� _
3342 a: J uADA TH
RECEMD
e
>� e _ u � � J
When transporting hazardous materials include the technical or chemical name for n.o.s.(not otherwise specified)or generic description of material with appropriate UN or NA number as defined in US DOT Emergency Communication Standard(HM-126C).
Provide emergency response phone in case of incident or accident in box above.
REMIT C.O.D.FEE:
C.O.D. SS t C®D Amt: $ COLPRELECT ❑$
AID
ADDRESS dt/
NOTE—Where the rate is dependent n value,shippers This is to certify that the above named materials are prop Subject to Section 7 of the conditions,it this shipment is to be delivered TOTAL
are required to state specifically in writing the agreed or eriy classified,described,packaged,marked,and labeled, to the consignee without recourse on the consignor,the consignor shall CHARGES $
declared value of the property. and are in proper condition for transportation according to sign the following statement:
The agreed or declared value of the property is hereby the applicable regulations to the Department of The carrier shall not make delivery of this shipment without payment FREIGHT CHARGES
specifically stated by the shipper to be not exceeding Transportation. of freight and all other lawful charges. FREIGHT PREPAID Check box if charges
$ per Signature (Signature of Consignor) except when box at ❑ are to be
right is checked collect
RECEIVED,subject to the classifications and lawfully filed tariffs in effect on the date of the issue and conditions in the governing classification on the date of shipment.
of this Bill of Lading,the property described above in apparent good order,except as noted(contents Shipper hereby certifies that he is familiar with all the Bill of Lading terms and conditions in the
and condition of contents of packages unknown),marked,consigned and destined as indicated above governing classification and the said terms and conditions are hereby agreed to by the shipper and
which said carrier(the word carrier being understood throughout this contract as meaning any person accepted for himself and his assigns.
or corporation in possession of the property under the contract)agrees to carry to its usual place of NOTICE:Freight moving under this Bill of Lading is subject to the classifications and lawfully filed
delivery at said destination if on its route,otherwise to deliver to another carrier on the route to said tariffs in effect on the date of this Bill of Lading.This notice supersedes and negates any claimed,
destination.It is mutually agreed as to each carrier of all or any of said property over all or any alleged or asserted oral or written contract,promise,representation or understanding between the
portion of said route to destination and as to each party at any time interested in all or any said parties with respect to this freight,except to the extent of any written contract which establishes lawful
property,that ever servicetobe performedhereundershallbesubject toall the Bill ofLading term's contract carriage a dissigned bauthorized representatives of both partiestothe contract.
SHIPPER AUGUST ROBBEN SONS, INC. CARRIER
PER COMPASS MINERALS PER
DATE /1r,/!!.i''�. �� ✓r.. ._/I%.
'HAZARDOUS MATERIALS MARK WITH"X"TO DESIGNATE HAZARDOUS MATERIALS AS REFERENCED IN 49CFR/172.202
is an acknowledgement that a Bill of Lading has been issued and is not the Original Bill of Lading,nor
This Memorandums a copy or duplicate,covering the property named herein,and is intended solely for filing or record.
Shipper No.
17731.
Carrier No.
Date
= Nafne of Carrier
TO: FROM:
Consignee W, i Shipper AUGUST ROBBEN SONS, INC.
Street Street 6500 Bender Rd.
Destination Jr Origin Cincinnati, Ohio 45233
Emergency Response Vehicle
Route Phone Number
No.Shipped Kind of Packaging, Description of Articles Weight
Units Special Marks and Exceptions subject to correction Rate CHARGES
TONS
IMES MED J: .
DA33 24 44
ACM
When transporting hazardous materials Include the technical or chemical name for n.o.s.(not otherwise specified)or generic description of material with appropriate UN or NA number as defined in US DOT Emergency Communication Standard(HM-126C).
Provide emergency response phone in case of incident or accident in box above.
REMIT /� C.O.D.FEE:
PREAID
A DR S3: (//{� � P NOD Amt: $ COLLECT El$
NOTE—Where the rate is dependent on value,shippers Th certify that the above named materials are prop- Subject to Section 7 of the conditions,if this shipment is to be delivered TOTAL
are required to state specifically in writing the agreed or edy classified,described,packaged,marked,and labeled, to the consignee without recourse on the consignor,the consignor shall $
declared value of the property. and are in proper condition for transportation according to sign the fallowing statement: CHARGES
The agreed or declared value of the property is hereby the applicable regulations to the Department of The canner shall not make delivery o1 this shipment without payment FREIGHT CHARGES
specifically stated by the shipper to be not exceeding Transportation. of freight and all other lawful charges. FREIGHT PREPAID Check box if charges
$ per Signature (Signature of Consignor) except when box at El are to be
right is checked collect
RECEIVED,subject to the classifications and lawfully filed tariffs in effect on the date of the issue and conditions in the governing classification on the date of shipment.
of this Bill of Lading,the property described above in apparent good order,except as noted(contents Shipper hereby certifies that he is familiar with all the Bill of Lading terms and conditions in the
and condition of contents of packages unknown),marked,consigned and destined as indicated above governing classification and the said terms and conditions are hereby agreed to by the shipper and
which said carrier(the word carrier being understood throughout this contract as meaning any person accepted for himself and his assigns.
or corporation in possession of the property under the contract)agrees to carry to its usual place of NOTICE:Freight moving under this Bill of Lading is subject to the classifications and lawfully filed
delivery at said destination if on its route,otherwise to deliver to another carrier on the route to said tariffs in effect on the date of this Bill of Lading.This notice supersedes and negates any claimed,
destination.It is mutually agreed as to each carrier of all or any of said property over all or any alleged or asserted oral or written contract,promise,representation or understanding between the
portion of said route to destination and as to each party at any time interested in all or any said parties with respect to this freight,except to the extent of any written contract which establishes lawful
property,thatever servicetobe erformedhereundershallbesubject toalltheBillofLad in terms contract carria e.andissigned bauthorized representatives of both partiestothe contract.
SHIPPER AUGUST ROBBEN SONS, INC. CARRIERPER % ;��'"
PER COMPASS MINERALS I -
lr' /!` i° ✓ //II
DATE _-- - - i, ��{�fr'% �i ��'``r'^"'�--•-� (/�,r�
•HAZARDOUS MATERIALS MARK WITH"X-TO DESIGNATE HAZARDOUS MATERIALS AS REFERENCED IN 4eC4172.202