PRICE AND EXPORT AGREEMENTS OF FOREIGN COMBINATIONS. 511

From and after January 1, 1914, the syndicate shall have the right to increase
the prices set. forth in article 6 by not exceeding three (8) per cent,
calculated on the net prices free on board cars at mines. From and after
January 1, 1916, the syndicate shall also have the right to increase said prices
by a further or additional three (3) per cent, to be likewise calculated on the
net prices free on board cars at mines. In case, however, the syndicate shall
avail itself of the right to increase prices at either of the times hereinbefore
mentioned, then and in that event the syndicate shall give the buyer notice of its
intention to make such increase at least three months prior to the respective
dates hereinbefore mentioned, and on receiving such notice the buyer shall
nave the right at any time within two months after such notice has been
received to cancel this contract from and after the end of the year in which
the notice of such increase shall be given as aforesaid.
(7) Protection.—In case the syndicate during the term of this contract
shall sell to any purchaser of potash salts in the United States (Atlantic and
Gulf ports) for fertilizer purposes any potash salts at lower prices than herein
specified, or shall allow or pay to any such purchaser or purchasers higher
discounts than those herein provided for, then and in such event the syndicate
shall allow and pay to the buyer on account of purchases made by such buyer
of potash for the time during which such lower prices or higher discounts shall
have been allowed or paid, the same lower prices or higher discounts so allowed
or paid to such other purchaser or purchasers from the syndicate; provided,
however, that this provision shall not apply to shipments which may hereafter
be made by the syndicate under or pursuant to the existing contract made by
Rudolf Bielemann, acting for Westeregeln and certain other mines, which
said contract expires on the thirty-first day of December, 1911, and which the
syndicate has taken over and acquired and has obligated itself to perform
according to the terms thereof,
(8) Weights and analyses.—Certificates of weights (for crude salts only)
and certificates of analyses shall accompany bills of lading. In case any lot of
the manure salt, hard salt, or kainit shall test by above-mentioned analyses
pelow said minimum guarantee, the syndicate shall allow for such deficiency
at the rate of seventy-five (75) cents for each one (1) per cent of actual potash
in two thousand (2,000) pounds. by which such manure salts, hard salts, or
kainit shall test below the said minimum guarantee any fraction in the same
ratio or proportion.
If the buyer shall, at any time, with good reason claim that an error in
weight or in analysis has been made, the syndicate agrees to give the matter
its prompt attention and proper consideration and to adjust the same without
unreasonable delay. The syndicate agrees that the buyer shall have the privilege
 of maintaining at its own expense a representative in Germany to assist
in all weighing and sampling.
(9) Payments.—Payments for each shipment shall he made by the buyer in
cash, before sailing, through a bank or banker in Berlin or Hamburg, Germany,
 to be approved by the syndicate in exchange for the documents—to wit,
syndicate’s invoice, consular invoice, certificate of insurance, certificate of
analysis, certificate of weights (for crude salts only), bills of lading and
charter party if any.
The amount of the invoice shall be converted into marks at the rate of exchange
 ruling at the date of payment.
To facilitate prompt payment as herein’ provided, the buyer shall give the
syndicate at least five weeks in advance of shipment, confirmed letters of
credit on banks or bankers in Hamburg or Berlin, Germany, to be approved
py the syndicate to an amount at least equal to the amount of the invoice (less
freight, cash discount, and other discount) of such shipment.
(10) Freight.—The prices herein specified include freight to above-mentioned
United States ports, but the freight will be deducted from the invoice and
paid by the buyers on arrival and discharge at United States ports. The
freight so deducted shall be converted from pound sterling into marks at the
rate of M. 20.40 for £1 sterling.
(11) Insurance—Insurance shall be on “ free-of-particular-average” terms.
(12) Orders—Buyer shall order potash salts for shipment in eight approximately
 equal monthly quantities calculated in K.O during the months of May,
June, July, August, September, October, November, and December, and shall,
if possible, give shipping instructions to the syndicate at least six weeks in
advance of the time of shipment. Buyer has the right also to order goods for
shipment during January, February, March, and April. The syndicate shall
be entitled to thirty days’ additional time for shipment, if it shall so require,