Document 1g6dxGKb9zeXJmZg896DJkM2Z

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. -L23-.0627617 CUSTOMER ORDER MO. -XMIIEMX.333? SOLD TO STAR OXIDES & CHEMICALS PVT LTD 701-B POONAM CHAMBERS DR ANNIE BESANT ROAD WORLI BOMBAY 400018 INDIA SHIP TO STAR OXIDES & CHEMICALS PVT LTD 701-B POONAM CHAMBERS DR ANNIE BESANT ROAD WORLI BOMBAY 400018 INDIA BU PONT ORDER NO. JBM M 32012 AO 0 SID NO. JBMM32012 FREIGHT TERMS VIA; PPD O/F TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM; GULFPORT/EXPORT MS QUANTITY UNIT PRODULI AND I*LbLKll'liUN UNI I M7ICET 15000.00 KG 600 BAG 25 KG NET 2834 "TI-PURE" RUTILE R902 W28 **LETTER OF CREDIT INFORMATION** L/C #; 11-1/89/92-93 ADVICE #: E-64704 AMT; 24000.00 EXPIRE DATE; 07/05/92 -THESE COMMODI TIES ARE LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1ION INDIA. DIVERSION CONTRARY TO U.S. LAW IS PR OHIBITED. "MERCHANDISE 0 F U S ./ ORIGIN" INSURE ALL RIS <S WHSE/WHSE CERTIFIED TRUE AND CCRRECT. E.I.DU PONT DE NEMOURS AND CO 1.60000 PAGE NO. i INVOICE DATE 06/08/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X793660 DATE SHIPPED 06/08/92 SHIPPING WEIGHT 34990 AMUUNT 24000,00 fBuyer's acceptance of the oods covered by this invoice shall constitute acceptance by the buyer of all terns and conditions < 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.W.I.F.T. CHASSUS 33; TELEX 125563; 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. 00134906 COO 80 9 00 0609 XBA N36470 99 X4 7L STANDARD CONDITIONS OF SALE 1. Seller warrants that the products or materials (hereafter' `pro 8. If any Government action should place or continue limita ducts") delivered hereunder meet Seiler's standard specifica tions on the pries provided tor in this agreemeritxsuehith^l,, tions for the products or such other specifications as may have would be illegal or against public or Government policy for sSlidr' been expressly agreed to herein; SELLER MAKES NO WAR to charge, assess or receive the full amount of or ttodneregie." RANTIES OF MERCHANTABILITY OR FITNESS FOR A PAR TICULAR PURPOSE, OR ANY OTHER EXPRESS OR IMPLIED WARRANTY, EXCEPT AS PROVIDED IN CONDITIONS .3 AND 4 HEREIN. Royer .assumes all risk and liability resuiting from use of the pr.odocis delivered hereunder, whether used singly or in combination with other products. such prices as determined by this agreement, then Sutler,s%lj^ have the option (1) to, continue to perform ufider thfe agreerhe^ subject to such adjustments in prices'that Seller maydeerh nec essary to comply whh such Government action, (2) to revise this 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 2.. No claim of any kind, whether .as to products delivered or for without liability for any damages. nondelivery of products, and whether or not based on negli gence, shall be greater .in amount than the p urchase price of the products in respect of which damages are claimed; and failure to give notice of claim within ninety (30) days from date of deliv ery, or the date fixed tor 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 cteims will be 9. 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 other wise agreed in writing, all such technical assistaoce and irifermation will be provided gratis, and Buyer assumes sole responsibility for 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 Seiler's labeling and literature concerning the products sold prior permission, and then only in the manner prescribed by hereunder and will forward such information to its employees Seller. The remedy hereby provided shall be the exclusive and who handle, process or sell such products and customers of 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. such products, if any. Buyer agrees that products sold hereunder will not knowingly be resold or given in, sample form ..to persons, using or proposing to use the products for purposes. < oqfltrary to recommendations given by DuPont or prohibited by" 3. .Seiler warrants that the use or sale of the products delivered law, but will be sold or given as samples only to persons who, hereunder will not infringe the claims of any United ...States iq-the opinion ofBuyer, can handle, use and dispose of the pro- patent covering .the products themselves; but does not warrant" -.---.toucis-satohA-....-..... ?.............. _. ._____ against inft togemeni by reason of the use thereof in combination with other products or in the operation of any process. "1.1. The Buyer shall reimburse the Seller for all taxes, (exclud-y iggincomp taxes) excises or other charges which tha Sailer may 4, Seller warrants that cl! products dofivgred hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938. as amended. bfe required 'to payto ainy Government (National, State or Local) upon the* sale, production or transportation of the products sold hereunder. --"v v.'.1-. .. 5. No liability shall result from delay in performance or nonper formance, directly or indirectly caused by circumstances beyond 12. In .the event Buyer fails to fulfill Seller's terms of payment, or in-case Seller shall havd any-doubt at.any time as to Buyer's firtancia! responsibilffyi Seljer may decline to make further deliv the Control of the party affected, Including, but not limited to. Act eries' except-upon recei^ pf ipash or Satisfactory security. gf God, fire, explosion, flood, war, act of or authorized by any , .Rpyemment, accident, labor trouble or shortage, inability to 13. This agreement' & not assignable dr transferable toy either tpbtdin material, equipment or transportation. Quantities so party, in whp'te or in part, except with the prior written consent affected may be eliminated from the agreement without liability, of the other party. but (ha agreement shall remain otherwise unaffected. Seller shall .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 tor the producss 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 anyueasort, Buyer will take delivery of and .make payment tor, sucb;producls as have been ,completed and such as are in prdces^'pn the date notice of suspension or termination is r^ceived,;^flier;':'prqvidedt that if Buyer for any reason can- 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 noCacctept:ddjjy.ery`of such products, it will make payment there writing and signed by both parties. No modification shall be for as thoughdelivery had been made and Seller will store such ' .effected by the acknowledgement or acceptance of purchase prodSfefis for EftJy^V's"account arid at Buyer's expense. Older forms stipulating different conditions. Unless Buyer shall . , >(".* /-'it.) *- ': ; notify Seller in writing to the contr ary as soon as practicable after / it.ot anv-reason inciuriinn -hu no; simhab iO^Ftyrcu .Maieure raneins- r.t this n.v !;* ms y me totai.spiitanu to; prpuupiS .. . ..tpe.products or payment shere'.c c-c eqt-vsram vu E.vysf s `distribute its available supply among any - ~ assent tothe terms and conditions hereof. Waiver by either party as departments and divisions of $feller, tof any default by the other hereunder shall not be deemed a fair and practical, with6ut.|fa^l(tyj)waiver by such ppfty of any default by. the other which may which may.result thwefrcSau**' ^xt^reafter occur,,/ DUP050039551