Page:United States Statutes at Large Volume 59 Part 2.djvu/962

 BELGIUM-MUTUAL AID- April 17 19, 1945 May 19, 1945 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. 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 con- tractor. (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 Belgium of articles of similar quality and in similar quantity as determined by the President. 2. The price of the articles shall be determined as follows: (a) If the articles transferred to the Government of Belgium are provided out of articles delivered to a United States Government agency pursuant to an order or contract determined by the Presi- dent to have been placed for some purpose other than that of filling a requisition or request filed by the Government of Belgium, the price shall be the current sale price. (b) If the articles transferred to the Government of Belgium 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 Belgium and have been made available by the supplier for shipment 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 Belgium 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 Belgium and have been made available by the supplier for shipment 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 for shipment by the supplier on the date of issuance of the United States Government Bill of Lading (inland) under which the articles were shipped. 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 inci- dental to delivery of the articles at shipside. The United States of America will inform the Government of Belgium from time to time of the amount of such costs incurred and the bases on which they have been determined. C. Payment of the total purchase price for all articles transferred under the provisions of Article III of this Agreement, shall be made by the Government of Belgium on or before July 1, 1975. "Contract price." "Current sale price." Price of articles. Costs of delivery of articles at shipside. Terms for payment. Ante, p. 1643. 59 STAT.] 1645

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