Document 07Ry750bdXROLQ2LnVOd8OJ

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) INVOICE NO. WILMj:NGT0NNDElSh&RiC198i8 U.S.A. -JL73-MSaaI3 CUSTOMER ORDER NO. :..-GA.U./5?5________ SOLD TO COATES OF INDIA LTD TRANSPORT DEPOT ROAD CALCUTTA 700 088 INDIA SHIP TO COATES OF INDIA LTD CHANDIVALI FARM OFF SAKI VIHAR ROAD BOMBAY 400072 INDIA rmm Ml PONT Q#WS* HO. JBM M 31342 AOQ SID NO. JBMM31342 FREIGHT TERMS VIA* PPD O/F TO BOMBAY SHIPPING TERMS CIF BOMBAY QUANUIY UNIT 1|n ||1111 15000.00 KG 600 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 W28 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 IGN-INDIA DIVERSION CONTRARY TO S LAW IS PROHI SITED. "MERCHANDISE 0 = U S 1 ORIGIN" INSURE ALL RIS <S WHSE /WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND Ct RRECT. E.I.DU PONT DE NEMOUf S AND CO U 1.60000 PAGE NO. 1 INVOICE DATE 08/31/92 PAYMENT TERMS SDDP ACCOUNT NO. XI73430 DATE SHIPPED 08/31/92 SHIPPING HEIGHT 34990 AWf 24000.00 Buyer's acceptance of the goods covered by this Invoice shall constitute acceptance by the buyer of all taras and conditions of sale stated above and on the reverse side thereof. *DUPGNT TRADEMARK TOTAL 24000.00 BUYER'S ACCEPTANCE OF GOODS COVERED BY THIS INVOICE CONSTITUTE ACCEPTANCE OF ALL TERMS AND CONDITIONS OF SALE STATED ABOVE AND ON REVERSE SIDE. SHIPPING TERMS SHALL BE GOVERNED BY INCOTERMS-1990 AND SHALL APPLY UNLESS OTHERWISE STATED. FOR NON-DRAFT BILLING, PLEASE SEND ALL REMITTANCES IN U.S. DOLLARS WITHOUT DEDUCTION FOR EXCHANGE FLUCTUATIONS, CUSTOMS OR OTHER FOREIGN GOVERNMENT ASSESSMENTS. REMIT PROCEEDS BY S.W.JE.F.T. OR TELEX AT OUR EXPENSE TO CHASE MANHATTAN BANK, NEW YORK, NY U.S.A.s S.W.I.F.T. CHASSUS 33* TELEX 125563s ACCOUNT OF E.I. DU PONT DE NEMOURS & CO. *910-1-484559. PLEASE MAKE CERTAIN YOU STATE YOUR COMPLETE COMPANY NAME, COUNTRY, AND THE INVOICE NUMBER BEING PAID. 00108373 COO 809 00 0901 XBA 99 X4 7L N36375 s t an d ar d c o n d it io n s o f s al e 1. Seller warrants that the products or materials (hereafter "pro 8. If any Government action should place or continue tflriitSjr ^ ducts delivered hereunder meet Seller's standard specifica tions for the products or such other specifications as may have , been expressly agreed to herein. SELLER MAKES NO WAR RANTIES Of MERCHANTABILITY OR FITNESS FOR A PAR TICULAR PURPOSE, OR ANY OTHER EXPRESS OR IMPLIED WARRANTY. EXCEPT A$ PROVIDED IN CONDITIONS 3 AND 4 HEREIN. Buyer assumes all risk and liability resulting from use of ihe products delivered hereunder, whether used singly or in combination with other products. lions on the price provided tot In this agreement jsueh.'ih^w'-'l V' would be illegal or against public or Government poitty fijr^enir to charge, assess or receive the full amount of or to increase such prices as determined by this agreement, men Seller.sh&li-!' have the optiDn(t) to continue to perform under this agreement.- ' - subject to such adjustments in pricesthat Selipr may deeifafieef? T essary to comply with such Government action, (2) to revise Hfs^! _v: agreement, subject to Buyer's approval, in order to most nearly ' j? accomplish The original intent of this agreement, or (3) to ter- ,} minate performance of the affected portions of the agreement 2. No claim of any kind, whether as to products delivered or for without liability for any damages. ''"I nondelivery of products, and whether or not based on negli gence, shall be greater m amount than the purchase price of the products in respect of which damages are claimed; and failure to give notice of claim within ninety (90) days from date of deliv ery, or the date fixed tor delivery [in the case of nondelivery), shall constitute a waiver by Buyer of afi claims In respect of such products. No charge or expense incident to any claims will be 9. At Buyer's request, Salter may furnish.such technical assistance and information as it has available With respect tothe use of the products covered by this agreement. Unless other wise agreed in writing, all such technical assistance and infor- y' mation will be provided gratis, and* .Buyer assumes sole <\ " responsibility tpr results obtained in reliance thereon. ,- allowed unless approved by an authorized representative of 10. Buyer acknowledges that it has received and is familiar with Seller. Products shall not be returned to Seller without Seller's prior permission, and then only in the manner prescribed by Seller. The remedy hereby provided shall be the exclusive and sole remedy of Buyer, in no event shall either party be liable tor special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party. Seiler's labeling and literature concerning the products sold hereunder and will forward such information to Us employees who handle, process or sell such products and customers- of , such products, if any. Buyer agrees that products sold hereunder will not knowingly be resold or given in, sample form Vi -to persons using or proposing to use the products for purposes^:" _ 'cgptrary ,to recommendations given by DuPont orprohibited 3. Seller warrants that the use or sale bf the products delivered. 1 hereunder will not infringe the claims of any United ^States patent covering the products themselves; but does ribt WdrranfT; , taw, but will be sold or given as samples only to persons who, - Iifcihe opinion ofBuyer, can handle,'use and dispose of the pro-gdqgts-safel.yr-.--~-- --~ 4_ * against infringement by reason of the use thereof in combination - ' Lfv The Buyer shall reirobyrso the^sUejr for all taxes, (exetud?. with other products or in the operation of any process. , j ;,i{jg'ineome taxes) exdses or other charges which the Seller may 4. Seller warrants that ail prodtic!s delivered hereunder were , produced in compliance with the requirements of the Fair Labor; Standards Act of 1938, as amended. bfe' required to payto any Government (National, State or Local) ., upon the sale, production or transportation of the products sold t hereupdei'. '. > .. S 'a S&i - 5. No .liability shall result from delay in performance Or nonper formance, directly or indirectly caused by circumstances beyond 12. ip the event Buyer fail's to fulfill Seller's'terms of payment, or iri cdse Seiler shaH have any doubt at.any time as to Buyer's fitanpairss^ostoil%; S^|dr;rnay dbclinfe to make further deliv the control of the party affected,, including, but not limited to, Act eries exr^pt^ppn receipfof.:cash orjatisfactory security. gf God, fire, explosion, flood, war, act of or authorized by any > Government, accident, labor trouble or shortage, inability to equipment or transportation. Quantities so affect^f may be eliminated from ibe agreement without liability, m i&'This agfeeroers^.nDt assignable df transferable by either .;-^ party;- in wnb^pr in part, except ,with the prior written ednseht'^i of the other party, '' - but fhV agreement shall remain otherwise unaffected. Seller sha[l have no obligation to purchase .supplies of the products specified herein to enable it to perform this agreement. 14, In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sale^set forth on the front of this invoice or in the current price fist for the products sold 6. If this agreement covers products that must necessarily be hereunder shaH apply and are incorporated by reference herein. manufactured especially for Buyer and is suspended or ter minated for'any* reason. Buyer will take delivery of and ,(n$ke paymeptttor;$ubb;productsas have been completed and such as are in'prddd^dn the date notice of suspension or termination 15. This document, along with documents specifically referred to herein, contains all of the terms and conditions with respect to the sale and purchase of the products sold hereunder. These terms and conditions supersede any of previous date and no modification thereof shall be binding on either party unless in - for ., made and Seller will store such prod^fdf'Mf r's'accbunt and at Buyer's expense, -'4a^sF^i'TA;i' i xj 1 r / ;f. far an reason rpt; Mateute writing and signed by both parties. No modification^shall be effected by the acknowledgement or acceptance of purchase ofder forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after rftcA'mt .of This (incuinenr hv fit Ivor mi* fs. iyr's accnutonca sf (be.Jl|^Vr|PJg to. agiy.iiie totai oenvand tyr ptyuuc.is.spuur. to^.prqducts or paymeni trieretpr anau oc equwatem. u j oyyt IsfeW^rfdi^frioute its available supply among anyi^`\`aifehtfO|i'he,terrnsand conditions hereof. Waiver by either party as departments and divisiorisOLB^lie^v^Ti^-dny default by the other hereunder shall not be deemed a .deem fair and practical withou^^y:w.ri^wdiver by such pdrty of any default by the other which may ^QirnaricS'viihicii may.result .^cdr,i>;' '" c - - v MSSE:________ ______ ________ ____________ _________________ DUP050039352