Document 11zmbExoYO8RyJ02gNJaEK9d

I ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. L7.3 0627633 CUSTOMER ORDER NO. INDENT 4326 SOLD TO PLASTICHEMIX INDUSTRIES 3/A KIRTI TOWERS TILAK RD VADODARA 390001 GUJARAT INDIA SHIP TO PLASTICHEMIX INDUSTRIES 3/A KIRTI TOWERS TILAK RD VADODARA 390001 GUJARAT INDIA DU PONT ! JBM M 31345 AOO SID NO. JBMM31345 FREIGHT TERMS VIAs O/F PPD TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM! GULFPORT/EXPORT MS QUANTITY UNI I..jf. PI kODULI ANU DESLKIHIUN UN11 PRILE "PLEASE CHECK APL WHEN BOOKING" 15000.00 KG 600 BAG 25 KG NET 2889 "TI-PURE" RUTILE RIO3 WO7 -THESE COMMODI TIES ARE LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1ION INDIA DIVERSION CONTRARY TO U.S. LAW IS PR DHIBITED. "MERCHANDISE 0 F U S 7 ORIGIN" INSURE ALL RIS KS WHSE/WHSE CERTIFIED TRUE AND CCRRECT. E,I.DU PONT DE NEMOUfS AND CO 1.60000 PAGE NO. 1 INVOICE PATE 06/09/92 PAYMENT TERMS SDDP ACCOUNT NO. X673020 DATE SHIPPED 06/09/92 SHIPPING HEIGHT 34990 AMOUNT 24000.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all terms and conditions of sale stated above and on the reverse side thereof. *DUP0NT 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.I 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. 00335890 COO 80 9 00 0610 XBA 99 X4 7L STANDARD CONDITIONS OF SALE 1. Seller warrants ihat the products Or materials (hereafter "pro 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 AS PROVIDED IN CONDITIONS3 AND 4 HEREIN, Buyer assumes ail risk and liability resulting from use of the products delivered hereunder, whether used singly or in combination with other products. 2. No claim of any kind, whether as to products .delivered or for nondelivery of products, and whether or not based on negli gence, shall be greater in amount than the purchase pr ice 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 for delivery (in the case of nondelivery), shall constitute a waiver by Buyer of all claims in respect of such products. No charge or expense incident to any claims will be allowed unless approved by an authorized representative of 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 for special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party. 3. Seller warrants that the use or sate of the products delivered hereunder will not infringe the claims of any United...States patent covering the products themselves; but does norvyarrant against infringement by reason of the use thereof in combination with other products or in the operation of any process. 4. Seiler warrants that all products delivered hereunder' were produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended. 8. If any Government action should place or continue limita tions on the price provided for in this agreehilift.-suqft th|tftr 4 would be illegal or against public or Government policy for Seller ; to charge, assess or receive the full amount of or to- increase such prices as determined by this agreement, then Sellar shall ' . : have the option (1) to continue to perform under this agreement subject to such adjustments in pricesrtbat Seller may debm Hec: ) `'' essary to comply with such Government action, (2) to revise this " 1 agreement, subject to Buyer's approval, in order to most nearly ` ' accomplish the original intent of this agreement, or (3) to ter minate performance of the affected portions of the agreement without liability for any damages, .! 3. At Buyer's request, Seller may furnish such technical assistance and information as it has available with respect to the * { use of the products covered by this agreement. Unless'otherv. wise agreed in writing, all such technical assistance and. infer- V,; mation will be provided gratis, and Buyer assume soie j, ` 1 responsibility for results obtained in reliance thereon, !' . 10. Buyer acknowledges that it has received and is familiar with Seller's labeling and literature concerning the products sold hereunder and will forward such information to its employees who handle, process or sell such products and customers of such jbroducts, if any. Buyer agrees that products SpJd ` Hereunddr .will not knowingly be resold or given lo. sample form .to person's using pr proposing to use the products for purposes;;'" ' . contrary to recommendations given by DuPont or prohibited by law, but will be sold of given as samples only to persons who. ~ ia the opinion of Buyer, can handle, use and dispose of the pro- -< jg. -- dq&susafefy^...,............. . ..i..T.......... ................. The Buyer shall reimburse the-`Seller for ail taxes, (exclud- in^irtcome taxeS) excises or other charges which the Seller may be required tb-pay'to any Government (National, State or Local) - , upon the sale, production or transportation of the products sold " ' hereupdec, - , ' ' , ';4 5. No liability shall result from delay in performance or nonper formance, directly or indirectly caused by circumstances beyond 12. In the event. Buyer fail's to fulfill Seller's'terms of payment, or in case Seller shat) have any doubt at any time as to Buyer's financial responsibility, Seiler may decline to make further deliv- ^ the Control of the party affected, including, but not limited to, Act. v pries except upon rpcel^^:.c^'.w^tia%^ory security. . gf God, fire, explosion, flood, war" act of or authorized by any Government, accident, labor trouble or shortage, inability to This agreement'; not as^nhbfo Of transferable by either " bbiain iriaterial, equipment or transportation. Quantities so party,- in wh<Se;.6r in part, except with the prior written consent 'fo affected may be eliminated from the agreement without liability, of the other party.- but the agreement shall remain otherwise unaffected. Seller shall'have no obligation to purchase supplies of the products specified herein to enable it tc perform this agreement. 14. in addition to the Standard Conditions of Sale sef forth herein, any Special Conditions of Sale,set forth on the front of this invoice or in the current price list for the products sold 6. If this.,agreement covers products that must necessarily be hereunder shall 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 make paymept for sucij products as have been completed and such as are in procession the date notice of suspension or termination ist^ceived.b)::Seller'::provided, thatJf Buyer for any reason can not accept dai(yery of such products, it will make payment there for as though.'delivery hacf been made and Seller will store such product^ (orJStjyer's account and at Buyer's expense. 15. This document, along with documents specifically referred to herein, contains ail of the tot ms 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 writing and signed by both parties. No modification shall be effected by the acknowledgement or acceptance of purchase order forms stipulating different Conditions. Unless Buyer shall "notify Seller in writing to the contrary as soon as practicable after / u for anv-ussasort mciud rec.Ai.-i of in!S Hivi;,,..=,..T iV,,r,,,, F;.ii.iiv-;,:;? ......... V., _.. . . . ,fied herein) i 'XifSjjjipiy.jjw tote: aemarta fur giouua* u;e products or payiUfc.u tourever us equiv-iis.-i! c>,,-i mwy'-dtetribute its Available supply among any- " ` assent to the terms and conditions hereof. Waiver by either party as departme nts and divisions of falter, - , 6i any-default by the other hereunder shall not be deemed a 'deem fair and practical, withoMtcfia,i^j|ty-Vi waiver by such party of any default by the other which may ancewhichmay resuft therefr'dm^ thereafter occur,. .. - ;,e. 1. S' pifllr,}*,.iAs- 1 r, a .. '... -A , v.-i JS*#: U DUP050039417