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I~ <br />• <br />r- r~ <br />INDUSTRIAL DLSPOSAL SUPPLY COMPANY <br />P.O. BOX 8175 • SAN ANTONIO, TEXAS 78208 • 512/22?-3441 <br />June 17, 1985 <br />Purchasing Agent <br />City of LaPorte <br />P. 0. Box 1115 <br />LaPorte, Texas 77571 <br />Gentlemen: <br />Re: Purchase Order #0348 <br />As you have previously been advised, the E-Z Pack FLD-35 mounted on <br />a Crane Carrier chassis was severely damaged in an unfortunate ac- <br />cident near Findlay, Ohio, as that piece of equipment was in transit <br />to you in fulfillment of our purchase order agreement. That pur- <br />chase order, at paragraph 16, excuses performance when force majeure <br />has occurred. That paragraph further defines force majeure to in- <br />clude "breakage or accidents to machinery or other causes not <br />reasonably within the control of the party claiming such inability." <br />We believe that force majeure, within the meaning of paragraph 16, <br />has occurred as a result of this accident. This letter~is to give <br />you reasonable written notification that performance of the purchase <br />order has been rendered impossible because of the occurrence of this <br />accident. <br />Additionally, because the loss to the equipment identified in the <br />purchase order is for all practical purposes total, performance is <br />excused by virtue of Section 2.613(a) of the Uniform Commercial Code. <br />It appears that the seriously damaged equipment may be reparable, <br />although this will necessarily take some weeks to accomplish. It <br />may be possible for us to re-order a replacement for this damaged <br />equipment, but a considerable delay will be encountered in remanu- <br />facturing this special equipment. The delays will necessarily en- <br />tail some modification of the delivery terms of our agreement; <br />because of the uniqueness of the equipment, however, you may elect <br />to proceed with a replacement, and in the event that you do so, <br />please notify us at your earliest convenience in order that all de- <br />lays may be minimized insofar as possible. <br />Sincerely, <br />INDUST IAL DISPOSAL SUPPLY CO. <br />a / 1 <br />((~jni / <br />B. E. HICKMAN <br />BEH:jp President <br />MEMBER: National Solid Waste Management Association • Institute of Waste Equipment Distributors <br />Detachable Container Association • American Public Works Association <br />Governmental Reuse Collection and Disposal Association • National Contract Sweeper Association <br />Institute of Scrap Iron and Steel • National Association o[ Wholesaler-Distributors <br />