Document 2JQvGQJJoB1eZn281a645gRJb

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS INVOICE NO. WILMINGTON, DELAWARE 19898 U.S.A. __ L.75.0628758 CUSTOMER ORDER NO._______ _____________ - INDENT 4377_________________ SOLD TO CAPRIHANS INDIA LTD BLOCK D SHIVSAGAR ESTATE BR ANNIE BESANT RD WORLI BOMBAY 400 018 INDIA DU PONT ORDER NO. JBM M 32299 A00 SID NO, JBMM32299 FREIGHT TERMS SHIP TO CAPRIHANS INDIA LTD BLOCK D SHIVSAGAR ESTATE BR ANNIE BESANT RD WORLI BOMBAY 400 018 INDIA VIA: OFP TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS QUmMIT/ PRODUCT AND DESCRIPTION UNIT PRICE 15000.00 KG 600 BAG 25 KG NET 2889 "TI-PURE" RUTILE R103 W01 **LETTER OF CREDIT INFORMATION** L/C #: 11-1/164/9293 ADVICE #: E-65299 AMT: 24375.00 EXPIRE DATE: 07/15/92 -THESE COMMODI TIES Af E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION INDIA. DIVERSION CONTRARY TO U S LAW IS PROHI BITED. "MERCHANDISE 0 F U S / ORIGIN" INSURE ALL RIS <S WHSE /WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND ec RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.62500 PAGE NO. 1 INVOICE DATE 06/19/92 PAYMENT TERMS SDLC-C ACCOUNT NO. XI44670 DATE SHIPPED 06/19/92 SHIPPING HEIGHT 34990 AMOUNT 24375.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all terns and conditions of sale stated above and on the reverse side thereof. XDUPONT TRADEMARK TOTAL 24375.00 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. 00412029 COO 809 00 0622 2 0 XBA A N36582 99 X4 7L STANDARD CONDITIONS OF SALE 1. Setter warrants that the products or materials (hereafter "pro 8, if any Government action should place or continue lirnita- ducts"} delivered hereunder meet Seller's standard specifica ., tions on the price provided for in this agreement such the(i'i'ii . tions for the products or such other specifications as may have would be illegal or against public or Government policy for Seilerr -1 been expressly agreed to herein. SELLER MAKES NO WAR* to charge, assess or receive the futl amount ot or to increase RANTIES OF MERCHANTABILITY OR FITNESS FOR A PAR such prices as determined by this agreement, then S&|ier*s%yj?" ' TICULAR PURPOSE, OR ANY OTHER EXPRESS OR'iMPLIED have the option (1) to continue to perform under this agreemenV- WARRANTY, EXCEPT AS PROVIDED IN CONDITIONS 3 AND 4 H EREIN. Buyer assumes all risk and liability resulting from use of the products delivered hereunder, whether used singly or in combination with other products, subject to such adjustments in priees ihat Seller may deferti fiec-' essary to comply with such Government action, (2) to revise this ' agreement, subject to Buyer's approval, in order to most nearly accomplish the original intent ot this agreement, or (3) to ter- V rhinate performance of the affected portions Of the agreement ' - 2. No claim ot any kind, whether as to products delivered or for without liability for any damages. . ' '?l nondelivery of products, and whether or not based on negli gence, shall be greater in amount than the purchase 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 for delivery (in the case of nondelivery), shall constitute a waiver by Buyer of all claims in respect of such 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, ail such technical assistance and infer- matron will be provided gratis, and-Buyer assumes sole . responsibility for results obtained in reliance thereon. products. No charge or expense incident to any claims will be allowed unless approved by an authorized representative of 10. Buyer acknowledges that if has received and is familiar with Seller. Products shall not be returned to Seller without Seller's Seller'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 such products, if any. Buyer agrees that products sold special, indirect or consequential damages, whether or not hereunder will not knowingly be resold or given in:sample form ; . i) caused by e-r resulting from the negligence of such party. . to persons using or proposing to use the products for purposes, <' , epptrary torecommendations given by DuPont or prohibited by,' ' - 3. Seller warrants that ills use or sate of the products delivered . law, but will be Sold or given as samples only to persons who, hereunder wifi not infringe the claims of any United ^States trythe opinion qf Buyer, can handle, use and dispose Of the pro- patent covering the products themselves; but does not warrant * dqcts-safIy~,............. ... ........... 1 " , against infringement by reason of the use thereof in combination with other products or in the operation of any process. f. ify;lTKs#uV^.sJiall reimburse the'Seller for all taxes, (exclud, ingfneome taxes) excises or other charges which the Seller may , \ vfe 4. Seller warrants that all products delivered hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1338, as amended, Be required tc payto any Government (National. State or Local) upon the sale, production or transportation of ffte products sold . * -hereunder. V ... '^4 5. No liability shall result from delay in performance or nonper formance, directly or indirectly caused by circumstances beyond the control of the party affected, including, but not limited to, Act gf God, fire, explosion, Hood, war, act of or authorized by any Government, accident, labor trouble or shortage, inability to pbteln material, equipment or transportation. Quantities so affected may he eliminated from the agreement without liability, bin ihe agreement shad remain otherwise unaffected Seller shall-.have no obligation to purchase supplies of the products specified herein to enable if so perform this agreement. 6. If thia.agreement covers products that must necessarily be manufactured especially for Buyer and is suspended or ter minated for any.reason, Buyer will take delivery of and rrrake paymeotdprsjipjyproductsas have boon completed and such as are in prdees^pn the date notice of suspension or termination is-r^ceiveid^^^liarf^p^oidcted, that if Buyer for any reason can not accept de|jv,ery of $uch products, it will make payment there for aThoughfdellveryTiad been made and Seller will store such prodflefe for .Buyer's account and at Buyer's expense. 12. In the event Buyer fails to fulfill Seller's terms of payment, or in- case Seller shall have any doubt at.any time as to Buyer's financial responsibility. Seller may decline to make further delivpries excspt uppn receipt of cash or satisfactory security. , 13. This, agreement" fs. not assignable qr transferable by either * party,' in whdfe.br in part, except with the prior written consent'' 'jfa of the other party. / ' 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sale,set forth on .the front of this invoice or in the current price ii$t tor fhe producis sold hereunder shall apply and are incorporated by reference herein. 15. This document, along with documents specifically referred to herein, contains all of the terms and conditions with respect to the sate 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 modificafion shali ba effected by the acknowledgement or acceptance of purchase order forms stipulating different conditions. Unless Buyer shall notify Setter in writing to the contrary as soon as practicable after uajiurgs unauie.io^j^opiy ..trie toiui semana tor piuuucis spvu-.. ... me products or payrnym moreier -/.rim; uc -u ; - tied herein, ^ftermay-distribiite its Available supply among anyo, assent ib`the|erms and conditions hereof, Waiver by either party or ad purchaser, ,6s'Cvefl as departments and divisions of Belter,. . ; -;,pf-any defauit by the other hereunder shat! riot be deemed a ^on"S.uc(1.baSf`,'is i'^may deem.fair and practical, withou||f|i^lrfy -. {jwrtiver by Such pdhy of any default by the other which may TT'tlereafter occur/.;,.:'' DUP050039850