Document 2jJGOd6moQ2zRX1B9R5Mgmj3r

COPY E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. L73 0730989 CUSTOMER ORDER NO. TGL-027 SOLD TO ROXY PAINT & VARNISH IND LTD 26/5 MANESHAWAR 1ST LANE DHAKA BANGLADESH SHIP TO ROXY PAINT & VARNISH IND LTD 26/5 MANESHAWAR 1ST LANE DHAKA BANGLADESH DU PONT ORDER NO. JBM M 32740 A00 SID NO. JBMM3274Q FREIGHT TERMS VIA: PPD OCEAN FREIGHT SHIPPING TERMS DES CHITTAGONG SHIP FROM: GULFPORT/EXPORT MS QUANTITY' u-Jir HRODLCT AND DESCRIPTION UNIT TPICE 15000.00 KG 6Q0 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 W28 **LETTER OF CREDIT INFORMATION** L/C #: 2507/127/29/92 ADVICE #: 13035286 AMT: 24000.00 EXPIRE DATE: 08/23/92 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION BANGLADESH. DIVERSION CONTRARY TO U.S. LAW IS PROHII ITED. "MERCHANDISE 0 F U S 7 ORIGIN" CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.60000 PAGE NO. 1 INVOICE DATE 08/04/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X721710 DATE SHIPPED 08/04/92 SHIPPINO HEIGHT 34990 AMOUNT 24000.00 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. *DUPONT TRADEMARK TOTAL?;': f|^^: 5S 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 V: 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. 00422702 COO 965 00 0805 2 0 XBA A 99 X4 7L STAI0Aftb CONDITIONS OF SALE 1. Setter warrants that 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 OB IMPLIED WARRANTY. EXCEPTAS PROVIDED IN CONDITIONS 3 AND 4 HEREIN. Buyer assumes.all risk and liability resuiting from use of the products delivered hereunder, whether used singly or in combination with other products. 8. If any Government action should place or continue limita tions on the price provided for in this agreement^uchlh^jifc.T'-.,,wduld be illegal or against public or Government policy forSellir'R j to charge, assess or receive the full amount of or to- increaSei.? such prices as determined by this agreement, then Stflier have the option (1)1o. continue to perform under this agreement,"'--'' subject to such adjustments in prices'tha! Seller may dedm riec-J essary to comply with such Government action, (2) to revise this ' agreement, subject to Buyer's approval, in order to most nearly y ji accomplish the original intent of this agreement, or (3) to terminate performance of the affected portions Of the agreement; ^0% 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 thanfne 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 for deliver/ (in the case of nondelivery), shall constitute a waivet by Buyer of all claims in respect of such products. No charge or expense incident to any claims will be without liability for arty damages, 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 assistance and. info.r- : : mation will be provided gratis, and-Buyer assumes sole , responsibility for results obtained in reliance thereon. allowed unless approved by an authorized representative of Seller. Products shall not be returned to Seiler 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 ho event shall eilher party be liable for special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party. ( - 10. Buyer acknowledges that it has received and is familiar with Seiler'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 products, if any. Buyer agrees that products sold , hereunder will not knowingly be resold or given in, sample form ( ,:tq persons using or proposing to use the products forpurposes,-re,, cpp'trary Jo recommendations given by DuPont or (#otiifiited by'"- ~ 3. Seiler warrants that the use or sals of the prod ucts delivered I , law', but will be sold of given as samples only to persons who, hereunder will not infringe the claims of any United jStates . patent covering the products themselves; but doss not Warrant" ` ' ifhfhe opinion of Buyer, can handle, use and dispose df the pro- --.discts-safaly--. . .......... MB ,, against'infringement by reason of the use thereof in combination with other products or in the operation of any process. l.i. The BuyehiShali reimburse the'Seller for all taxes, (exclud- ' ing-incomf iaxds) excises or other charges which the Seller may * < 4. Seller warrants stmt elf products delivered hereunder were produced in compfence with the requirements of the Fair Labor Standards Act of 1938, ,as amended. bfe required to pay to any Government (National, State or Local) upon the sate, production or transportation ot the products sold hereunder. . '"'iQ 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 12. in the event Buyer fails to fulfill Seller's terms of payment, or id case Seller shall have any-doubt at.any time as to Buyer's financial responsibility;1 Seiler may decline to make further deliv eries exbppt-ypon receipt of;cashor^tisfapiary security. \ gf God, fire, explosion, flood, war, act of or authorized by any .Government, accident, labor trouble or shortage, inability to .obtaini material, equipment or transportation. Quantities so affectqd may be eliminated from the agreement without liability, 13. This agreement id. not assignable df transferable by either ^ "Sj party,- in whcjle or in part, except with the prior written consent ' of the other party. but thp agreement shall remain otherwise unaffected-. Seller shall; have no obligation to purchase supplies of the products specified herein to enable it to perform Shis agreement 6. If th^jagreemept covers products that must necessarily be 14. in addition to the Standard Conditions of Safe set forth herein, any Special Conditions of Sale,set forth on the front of this invoice or in the current price fist for trie products sold hareunder shall apply and are incorporated by reference herein manufactured especially for Buyer and is suspended or ter minated for any,,reason, Buyer will fake delivery of and make paymept;tor s|rch.productsas have been completed and such as are in processton the date notice of suspension or termination is r^caived^i^oller^prpvided, thatif Buyer for any reason cannoLdi^pt delivery;of SUCli products, it will make payment there for as though delivery tied been made and Seller will store such ' products for Buyer's account and at Buyer's expense. / it. tor anv.reason inciudina ''nut no; .ilmEsd it, rurou Maieuu? 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 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 recsiot o t this ilnc.iir-;,;;- :>/ fsuvpr if'-t ac.r.iur.- bocat^s JTirafo^to^ppiyJhe tows .ceutana (u? piuuu<-ti`pvf:. . . me .products or p.aynis;,i mereior cnai; us Ciiir.yiac; --o crpyci c tied hareinj Setlef-fridyidistribute its available supply among any assent tb'fhe.terms and conditions hereof. Waiver by either party , ,jpf any default by the other hereunder shall not be deemed a - ;.vyaiyer by such pahy of any default by the other which may ("tl'ltBraifter occur; .1 DUP050039047