Confidential portions of this document have been omitted and filed separately
with the Commission.
EASCO ALUMINUM
DOLTON WORKS
00000 XXXXXXX XXXXX XXXXXX
XXXXXX, XXXXXXXX 00000
FIXED-PRICE PURCHASE AND SALE AGREEMENT
This Agreement ("Agreement") dated October 15, 1997 is between EASCO ALUMINUM,
DOLTON WORKS. ("SELLER") Featherlite Manufacturing, Inc. ("BUYER").
SELLER desires to sell certain goods to BUYER and BUYER desires to purchase
certain goods from SELLER.
NOW, THEREFORE, in consideration of these premises and the following mutual
agreements, the parties agree as follows:
1. SELLER will sell to BUYER, and BUYER will purchase from SELLER, the aluminum
extrusions identified on Schedule A attached hereto ("Product"), subject to the
terms contained in this Agreement and the attached Schedule A. The quantity,
delivery dates, terms, and prices, for Product are also set forth on Schedule A.
2. This Agreement shall have a term from the date hereof to December 31, 1998.
This Agreement may not be canceled by either party prior to the termination date
without the prior written consent of the other. BUYER acknowledges that SELLER
intends to rely on this Agreement in fixing the prices and delivery dates of its
raw material purchases necessary to fulfill this Agreement and as such, BUYER
agrees to pay for the quantity specified on Schedule A whether or not BUYER
places specific orders with SELLER as specified in Item 3 below. If BUYER
cancels this agreement, or otherwise refuses shipments hereunder, seller is
entitled to recover any loss sustained from liquidating a metal position taken
by the seller on behalf of BUYER.
3. BUYER agrees to place specific firm orders with SELLER for the Product at
least twenty-eight (28) days prior to the requested shipment date which shall
specify the number of pounds/ feet/pieces of specific aluminum extrusion shapes.
SELLER will attempt to respond to BUYER's order requests with less than
twenty-eight (28) days lead time, but shall be under no obligation to do so.
SELLER is required to manufacture and ship only product for which SELLER has
timely received specific firm orders.
4. SELLER's obligations hereunder are subject to SELLER's credit approval with
respect to each shipment and to the availability of financial information on
BUYER which, in the SELLER's opinion, is adequate to demonstrate the BUYER's
financial condition, ability to pay for shipments in accordance with agreed
terms of payment, and ability to support the volume of credit extended by the
SELLER
Payment terms for the Product shall be as set forth in Schedule A. SELLER's
obligation to continue shipments of Product is conditioned upon BUYER satisfying
its payment obligations under this Item 4 in full within the time period
specified.
5. Either party's failure, at any time or times hereafter, to require strict
performance by the other party of any provision of this Agreement shall not
constitute a waiver, or affect or diminish the right thereafter to demand strict
compliance and performance of this Agreement.
6. This Agreement (including Schedule A) shall constitute the entire agreement
between the parties with respect to the subject matter hereof and shall not
apply to any purchases by BUYER in excess of the quantities set forth in
Schedule A. The terms of any such excess purchases will be governed by separate
agreement of the parties. Except as specified in this Agreement, the terms of
sale and rights of the parties with respect to any specific order shall be as
set forth in SELLER's order acknowledgment as provided from time to time.
By: Xxxx Xxxxx By: Xxxxx X. Xxxxxx
Titlc: Vice President Title VP Sales and Marketing
Corporate Production
Signature: /S/ Xxxx Xxxxx Signature: __________________
FEATHERLITE MFG, INC. EASCO ALUMINUM, DOLTON WORKS
(BUYER) (SELLER)
Dated:10/15/97 Dated:_____________________
2
EXHIBIT A
EASCO CORPORATION
Dolton Works
00000 Xxxxxxx Xxxxx Xxxxxx
Xxxxxx, XX 00000
Phone: 000-000-0000
Fax: 000-000-0000
SCHEDULE A
FIXED-PRICE PURCHASE AND SALE AGREEMENT
MATERIAL DESCRIPTION:
This agreement covers standard extrusions currently being supplied or quoted to
Featherlite Manufacturing, Inc. ("Buyer") by Easco Corporation-Dolton Works,
("Seller") with specific pounds/pieces/feet by specific shape to be supplied by
the Buyer.
DELIVERY
PERIOD: January 1, 1998 through December 31, 1998.
OUANTlTY: ******* pounds per calendar month for a total of
********* pounds.
PRICE: $***** per pound of aluminum extrusion plus an additional
$**** per pound for hollows.
The pricing in this proposal is subject to Easco's ability to hedge the
transaction. Easco will provide confirmation of the hedge immediately upon
execution.
Packaging: Standard - Bare Bundle.
Tolerance: Aluminum Association standards to apply.
FOB: Cresco, Iowa
PAYMENT TERMS: Payment in full within thirty (30) days from date of invoice.
TOTAL DOLLAR VALUE OF CONTRACT: Approximately:
FEATHERLITE MFG, INC. (BUYER) EASCO CORPORATION ("SELLER")
BY: Xxxx Xxxxx BY: Xxxxx X. Xxxxxx
TITLE: Vice President Corporate Production TITLE: Vice President Sales
& Marketing
SIGNATURE: /S/ Xxxx Xxxxx SIGNATURE: _________________
DATED: 10/16/97 DATED: _____________________
