Document 2q7YoYEX6e0999y1jVQdKp59a

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. jja_flL22flM5 CUSTOMER ORDER NO. ___CALidS.82 SOLO TO COATES OP INDIA LTD TRANSPORT DEPOT RD CALCUTTA 700 088 INDIA SHIP TO COATES OF INDIA LTD TRANSPORT DEPOT RD CALCUTTA 700 088 INDIA DM PONT ORDER NO. JBM M 30136 A00 SID NO. JBMM30136 FREIGHT TERMS VIA: PPD O/F TO CALCUTTA SHIPPING TERMS q u a h rn y UNIT CIF CALCUTTA SHIP FROM: PRODUCT AND DESCRIPTION GULFPORT/EXPORT MS MpsjUgjttii^2^1iUj52tpTt{k5j3aTil^Si|i5SS|iiSSJiH 15000.00 KG 600 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 1.60000 **LETTER OF CREDIT INFORMATION** L/C #: 1-6206-9248 ADVICE #: 418351 AMT: 24000.00 EXPIRE DATE: 05/04/92 -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 t ORIGIN" INSURE ALL RIS <S WHSE /WHSE I'PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND C( RRECT. E.I.DU PONT DE NEMOUF S AND CO Mi M PAGE NO. 1 INVOICE DATE 02/14/92 PAYMENT TERMS SDLC-C ACCOUNT NO. X17342D DATE SHIPPED 02/10/92 SHIPPING WEIGHT 35390 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 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 COMPANYNAME, COUNTRY, AND THE INVOICE NUMBER BEING PAID. 00396869 COO 809 00 0226 2 0 XBA A 99 X4 7L N36288 STAMpAFfD CONDITIONS OF SALE 1. Seller 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 QR FITNESS FOR A PAR TICULAR PURPOSE OR ANY OTHER EXPRESS OR IMPLIED WARRANTY, EXCEPT AS PROVIDED IN CONDITIONS 3 AND 4 HEREIN. Buyer assumes all 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 S. If any Government action should place prcgrttirlUe limlt^ tfons on the price provided tor in this agreernpihf-sSUch.Tti^ would be illegal or against public or GovernmentpoltcyforiSeT' to charge, assess or receive the full amount of or tcfinci Such prices as determined by this agreement, then Setter have the option (l)io continue to perform under this 30r subject to such adjustments in pri'ces'that Sellar may dadht essary to comply with such Government action, (2) to revise agreement, subject to Buyer's approval, m order to most nearly * accomplish the original intent of this agreement, or (3) fo ter- ``A minate performance of the affected portions of the agreementwithout liability for any damages. nondelivery of products, and whether or not based on negli gence, shall oe 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 (90) days from date of deliv ery, or the data fixed lor delivery (in the case of nondelivery), shall constitute a waiver by Buyer of all claims in rasped of such products. No charge or expense incident to any claims will be 9. At Buyer's request, Setter may furnish, such technical assistance and information as it has available with respect to the - >; use of the products covered by this agreement, Unless othgr-, . wise agreed in writing, ail such technical assistance and. infer-1-*1 mation will be provided gratis, and-Buyer' assume Sole -', ' responsibility tor results obtained in reliance thereon. allowed unless approved by an authorized representative of lb. Buyer acknowledges that it has received and is familiar with Seller. Products shall not be returned to Seller without Sailer'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 herepnder .will not knowingly be resold or given in.sample form " caused by or resulting from the negligence of such party. to persons, using or proposing to use the products for purposes,yfY,. Vv*s3V8tgvs0&lrfaroirryri to recommendations ngtiuveann bbityr fDTiuipPAoinntt ro\rr prohibited by?- d 3 Seller warrants that the use or sate of the products delivered C - !a*.*>ut will be sold or given as samples only to persons who, 1 hereunder will not infringe the claims of any United States patent covering the products themselves; but does ndt warrant' opinion of Buyer, can handle, use and dispose of the pro -toLpts-Saiely. g against intringement by reason of the use thereof in combination with other products or in the operation of any process. 4. .Seller warrants that all products delivered hereunder were . produced in compliance with the requirements Of the Fair Labor Standards Act of 1938, as amended. 1 i.l.^tlte-Buyet shall reimburse tba*$eiteir for all taxes, (exdud- T;.* - ing'inpom^ taxes) exc$jeor other charges which the Seller rnay ' -4:j be required to payto dny Government (National, State or Local) ,, . uppn the sale, prdductiori or transportation of the products sold -hereudder'.-v ,i ' 5. Ho liability shall result from delay in performance or nonper formance, directly or indirectly caused by circumstances beyond 12. lo.the event Buyer falls to fulfill Seller's terms of payment,-' `.yj or incase Seller shafl have-any doubt at.any time as to Buyer's fi(toncial resppnsibiIti)i*Seli4r'fnay declin1e.tomake furtberdeiiv- j the control of the party affected, including, but not limited to. Act eries excgp|-upon receipt of cash orsatisfactory security; v , . gf God, fire, explosion, flood, waf, act of or authorized by any <3oyernmenf, accident, labor trouble or shortage, inability to .obtain material, equipment or transportation. Quantities'so affected may be eliminated from the agreement without liability, tst. This agrgement-m.not as$inabte cii1 transferable by either ^ party;dn :wrii4te; or in part, exceptwith (fie prior written consent^?!' of the other prty. but jhe 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 Safe set forth herein, any Special Conditions of Sale^sef fprih on the front of this Invoice or in the current price fist for the products sold 6. If th^^greement 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 'iarvy- reason, Buyer will take delivery of and .make paymegl#r:i^tprodactsas have been completed and such as are impriitodafspn the date notice of suspension or termination is. received-g^ellerprovided. that if Buyer for any reason can- 15. This document, along with documents specifically deferred 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 not'ac^ept dejwssytofsuch products, it will make payment there writing- and signed by both parties. No modification,shall be for a^'fiwUgh-oellVO'ry bad been mgde and Seller will store such effected by the acknowledgement or acceptance of purchase ,`fprodftdiN?r)^(|ir(e-f^coount and at Buyer's expense; v- '. pflder forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after v if for any.reason inciudirstj but not '..imbed to Force Majeure rec:aint n.f this rtncuinent r>v Fsuyer lha B-ivar's aecssiiancs f Saif* IjM Marine tpia demand tur piyuuuv spe-r ^ _ mg.prtxtoctsor payment meretor sriau oo equrvaiam tu pyr s pjefriBtitd its Available supply among any .^-f,t,e||eht'tb'the.terms and conditions hereof. Waiver by either party Slhfedepartmorifs and divisions Of^jtsf,^ -.-j|g~any default by the other hereunder shall not be deemed a '"-JieemTair and practical. withou^^^y'?<5'3T'^ver hy/SUbh pdrty of any default by the other which may nibn|^'^>fijcii-.rnayye.sulit; thef'^^^^,,^|^iWr,eiffdr occur.-; y' V* : ftfSf-'H9 I DUP050039172