Regarding the sketch and blueprint given the writer, covering blank for mower guard, wish to advise that we have not received word from the Home Office as to what we might be able to do on this item, but will know in the next few days and will contact you. Very truly yours, G. H. Smith/dm. BETHLEHEM STEEL COMPANY, (In ink:) Between 1942-1947 we bought 1,559,405# from this mill. They have been unwilling to sell us any steel for a long period. EXHIBIT S-62 BETHLEHEM STEEL COMPANY, DISTRICT SALES OFFICE, GENERAL MOTORS BUILDING, LEAKE STAMPING COMPANY, Monroe, Michigan. (Attn: Mr. Worrell.) GENTLEMEN: In response to your recent inquiry, we have developed a price for the Mower Guard Blank #315678-L without holes of $.265 per pc. f. o. b. cars Lackawanna. We estimate the weight of this blank to be 2.31# each. This price is based on a quantity of 50,000 Blanks per month. Our price does not include painting, crating or the removal of normal punch draft burrs. The Blanks would be shipped in paper cartons on wooden skids of approximately 1800# weight. In addition to the above price, there would be an additional die and adaptor charge of $1,000. Our price is based on furnishing the Blanks made from SAE-1010 pickled and olled drawing quality steel. We would require approval of our manufacturing tolerances. If your order were in hand at this writing with all necessary shop details, our present mill and shop conditions would permit shipment during February 1949. Upon receipt of order and agreement on details and tolerances, we will advise further regarding anticipated schedule of shipment. This quotation is subject to the Conditions of Sale BSCo. Com. 2a (R. 9-8-48), hereto attached and made a part hereof. (In ink :) This mill will take our order for excessively priced fabricated blanks made by punch press operation at the mill, but will not sell us the raw material to do the press operation in our plant. (In pencil:) 111⁄2¢ lb.=230.00 ton. Thanking you for the opportunity afforded, and trusting we will be favored with the business involved, our proposition being for acceptance with receipt of order and complete information on or before October 16, 1948. Very truly yours, A. R. Stewart/t. BETHLEHEM STEEL COMPANY, CONDITIONS OF SALE Prices The prices quoted are subject to adjustment to the Seller's prices in effect at the time of shipment. If transportation charges to a designated point are included in the prices herein quoted (a) any changes in such transportation charges shall be for the account of the Buyer; (b) except as otherwise provided in this quotation, the Seller shall not be responsible for switching, spotting, handling, storage, demurrage or any other transportation or accessorial service, nor for any charges incurred therefor, unless such charges are included in the applicable tariff freight rate from shipping point to the designated point. Taxes. Any taxes which the Seller may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purhcase, delivery, storage, processing, use, consumption or transportation of any of the material covered hereby, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Buyer, who shall promptly pay the amount thereof to the Seller upon demand. Routing. All means of transportation and routing shall be subject to the control of the Seller. Delay. The Seller shall be excused for any delay in performance due to acts of God, war, riot, embargoes, acts of civil or military authorities, fires, floods, accidents, quarantine restrictions, mill conditions. strikes, differences with workmen, delays in transportation, shortage of cars, fuel, labor or materials, or any cause beyond the reasonable control of the Seller. Inspection. Unless otherwise specified, the material to be furnished on account of this order will be subject to Seller's standard inspection at the place of manufacture. If inspection by the Buyer be required or provided for, such inspection with consequent approval or rejection shall be made before shipment. Notwithstanding the foregoing, if, after receipt of the material by the Buyer, the same shall appear to be not in conformity with the applicable specifications or if any such material shall appear to be defective by reason of latent or inherent defect in material or workmanship, the Buyer shall immediately notify the Seller of such condition and afford the Seller a reasonable opportunity to inspect the same and if any such material shall be found to be in fact not in conformity with the applicable specifications or defective by reason of latent or inherent defect in material or workmanship, then the Seller will replace such material at the original point of delivery. No material shall be returned without Seller's consent in writing; the Seller will furnish instructions for the disposition of rejected material, any transportation charges involved therein to be for the Seller's account. Claims.-The Seller shall not be liable for the cost of labor expended on any rejected material nor for any special, direct, indirect or consequential damage to any one by reason of the fact that any material shall be defective or not in conformity with the applicable specifications. Permissible variations.—All material shall be furnished subject to the standard manufacturing and commercial variations and practices of the Seller. The Seller reserves the privilege of shipping overages or underages of weight, length, size, and/or quantity in accordance with the Seller's standard practices. Patents. The Seller will indemnify and save harmless the Buyer from any judgment for damages and costs which may be rendered against the Buyer in any suit made or brought against the Buyer on account of the infringement of any United States patent by the materials, per se, supplied by the Seller hereunder and made in accordance with the design and/or specification furnished by the Seller to the Buyer; provided prompt written notice be given of the bringing of any such suit and an opportunity be given the Seller to settle or defend the same as the Seller may see fit and provided further that every reasonable assistance which the Seller may require in defending any such suit be rendered to the Seller by the Buyer. The Buyer will indemnify and save harmless the Seller, its successors and assigns and other subsidiary companies of the Bethlehem Steel Corporation, a Delaware corporation, its successors and assigns and the successors and assigns of such companies, from any judgment for damages and costs which may be rendered in any suit alleging infringement of any United States patent by the materials supplied by the Seller hereunder and made in accordance with the design and/or specification furnished by the Buyer to the Seller; provided prompt written notice be given the Buyer of the bringing of any such suit and an opportunity be given the Buyer to settle or defend the same as the Buyer may see fit and provided further that every reasonable assistance which the Buyer may require in defending any such suit be rendered to the Buyer by the Seller. Terms of payment.-Subject to the approval of the Seller's credit department, terms of payment are as shown in the accompanying quotation and shall be effective from date of invoice. The cash discount shall not be allowed on any transportation charges included in delivered prices. Credit approval.-Shipments and deliveries shall at all times be subject to the approval of Seller's Credit Department. Buyer's acceptance of above conditions.-Any order resulting from the accompanying quotation shall be subject to the terms and conditions herein contained or referred to in Seller's accompanying quotation and to no others whatso ever. No waiver, alteration, or modification of the conditions herein contained shall be binding unless in writing and signed by an executive officer or by the Manager of Sales of the Seller. BSCo. Com. 2a (R. 9-8-48). EXHIBIT S-63 List of jobs lost to large steel companies [Submitted by Kenneth M. Keegan, general manager, Independent Iron Works, Oakland, Calif.] is 5 percent better for us than I intimated I could that I secured Sir William Firth's agreement to a 70-30 split, which, incidentally DEAR SIR: I refer to my cable of the 13th instant from which it will be noted when in New York, and in basic 70 and 30 percent and that having proceeded so far we were accepting Mr. setting by both the British and ourselves sacrificing quota proportionately to our which cable I also stated that it was our intention to fit the Germans into this BELGIAN NATIONAL GROUP Brussels) GERMAN NATIONAL LUXEMBURG CZECHOSLOVAKIAN POLISH NATIONAL (Dusseldar!) Luxemburg) Proque (Ratowice) SPECIAL AGREEMENTS Suntzerland Cold Rolled Bonds (Liege) Norway Finland INTERNATIONAL STEEL CARTEL COMPTOIR COMMERCIAL SPECIAL SALES Semi- Products Bonds Structural Merchant Wide Wire Membership in International Steel Cartel Central ILECO (Brussels) EXHIBIT S-64 Otto Wolff's invitation to discuss the matter over the week end with a view to settling the basic feature of an agreement, i. e. the quotas of the three principal parties. Accordingly, Sir William and I went to Cologne on Saturday. The initial conversations with Mr. Wolff and his partner Mr. Krahe were exceedingly encouraging and all went well until Monday when, for the first time, Dr. Poensgen entered the discussion, and, I am sorry to say, injected another problem into the situation, which although it does not directly concern us will result in the three-party agreement being deferred indefinitely, or the banishment of every possibility of concluding one. It might be useful to note that all of these sessions were conducted in the most friendly and open manner, and I think you will understand what I mean when I say that the atmosphere was as of the mountain top when compared with the vapors which rise out of the witch's brew of our tube meetings. In fact it was so different to what I am accustomed that it was something of a shock. One could not have wished for a fairer attitude than that displayed by the Germans and Sir William could not have been more open and helpful. Saturday and Sunday were confined to preliminary conversations with Mr. Otto Wolff and Sir William and I believed that when talking with him we were dealing with the entire German industry, and it was not until Monday morning that we learned otherwise. Sir William's idea was to give the Germans a maximum of 15 percent of the total. Figures available would indicate that this would mean about 75,000 tons annually based upon the current rate of sales, but as they are now selling at the rate of 150,000 tons annually it will be seen that the Germans could logically object. Without rehearsing our position and explaining at great length how we had 30 percent of the total and had done in the neighborhood of 34 percent until the depreciation of the pound caused our sales to fall off, the shoe was now on the other foot and we should have our original 30 percent and so forth the Germans felt that in view of our performance for the last 2 years we should make the greater sacrifice and concede sufficient to bring them up to about 19 to 20 percent of the total. At the same time they realized that our position was rather different to what it was, say, 6 months ago, and that we were in reality by far the strongest. In the end we made them a positive offer of 121⁄2 percent the British and ourselves sharing it on a 70 and 30 basis. Although this meant for them a reduction of output to about 65,000 tons annually based on the present state of business, both Sir William and I were of the opinion that they might have accepted it on Monday morning, and had they not done so we could have increased to 15 percent. That is where matters stood until we met Dr. Poensgen on Monday morning. To our surprise Mr. Otto Wolff had not consulted with him during the previous week, although it seemed to us that there had been ample time for him to have done so and actually been able to speak for the two principal German manufacturers of tin plate, Dillingen and Krupp, being fitted in somehow later. Dr. Poensgen did not talk about quotas at all. He outlined the position of the German steel industry as a whole and said that their semifinished production had been reduced by half as a result of the British protective tariffs, and although it was not a question of using tin plate as a lever by which to solve the greater problem involved in the shipment of semifinished material of all sorts into the United Kingdom, he, as a German, was obliged to expand to the greatest possible extent their sales of finished articles, such as tin plate, unless and until the British-German question on semifinished products is solved. (An interesting sidelight is the fact that Dr. Poensgen looked beyond the settlement of the British continental problem and intimated that with this major difficulty out of the way he envisaged the advisability and even the necessity of a worldwide cartel, including the Americans, on steel products of every description.) He intimated to Sir William that as a member of the National Steel Committee he should go back and make an effort to bring the users of semifinished material into line and obtain readjustment of the tariff, not only on tin-plate bars, but billets, strip and rods, in fact, everything, in order that not only the Germans but the continentals can resume some respectable shipments into this market. It will be appreciated that this is a very big order, and I must say that it does not look as if the problem is capable of solution within our lifetime. Nevertheless, Sir William was prepared to do what he could and then and there offered 1 General Director of Vereinigte Stahlwerke G.m.b.H. |