Page:United States Statutes at Large Volume 59 Part 2.djvu/947

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [59 STAT. Netherlands shall pay to the United States of America for articles transferred under the provisions of Article III of this Agreement shall be the total purchase price, as determined by the President of the United States of America, and said total purchase price shall be the price of the articles as determined under paragraph 2 hereof plus the additional costs (incidental to delivery at shipside) set forth in paragraph 3 hereof. Definitions. 1. In the determination of the price under paragraph 2 the follow- ing definitions shall apply: (a) The term "contract price" means the contract price f.o .b. point of origin paid by the United States Government to the contractor. (b) The term "current sale price" with respect to any articles means the market price as of the date of transfer to the Government of the Kingdom of the Netherlands of articles of similar quality and in similar quantity as determined by the President. Price of articles. 2. The price of the articles shall be determined as follows: (a) If the articles transferred to the Government of the Kingdom of the Netherlands are provided out of articles delivered to a United States Government agency pursuant to an order or contract deter- mined by the President to have been placed for some purpose other than that of filling a requisition or request filed by the Government of the Kingdom of the Netherlands, the price shall be the current sale price. (b) If the articles transferred to the Government of the Kingdom of the Netherlands have been the subject of a contract or order placed by a United States Government agency for the purpose of filling a requisition or request filed by the Government of the Kingdom of the Netherlands and have been made available by the supplier for ship- ment prior to the day on which the President shall have determined that such articles are no longer necessary to the prosecution of the war, the price shall be the current sale price or the contract price less 5 per cent thereof, whichever is lower. (c) If the articles transferred to the Government of the Kingdom of the Netherlands have been the subject of a contract or order placed by a United States Government agency for the purpose of filling a req- uisition or request filed by the Government of the Kingdom of the Netherlands and have been made available by the supplier for ship- ment on or after the day on which the President shall have determined that such articles are no longer necessary to the prosecution of the war, the price shall be the contract price. (d) For the purpose of subparagraphs (b) and (c) above, the articles shall be deemed to have been made available by the supplier for shipment on the date of issuance of the United States Government Bill of Lading (inland) under which the articles were shipped. Additional costs. 3. The additional costs to be added to the price to arrive at the total purchase price shall be the costs incurred by the United States of America for inland transportation, storage and other charges incidental to delivery of the articles at shipside. The United States of America 1630

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