Document 3NoDJe437DkDkby4gpe4d2ed6

COPY E. I. DU PONT DE NEMOURS & CO. DU PONT CHEMICALS WILMINGTON, DELAWARE 19893 U.S.A. ) INVOICE NO. ^.L73.:0 6267.56. CUSTOMER ORDER NO. INDENT 4377; SOLD TO CAPRIHANS INDIA LTD BLOCK D SHIVSAGAR ESTATE BR ANNIE BESANT RD WORLI BOMBAY 400 018 INDIA SHIP TO CAPRIHANS INDIA LTD BLOCK D SHIVSAGAR ESTATE BR ANNIE BESANT RD WORLI BOMBAY 400 018 INDIA nu ratrr o r d er n o . JBM M 32299 A00 SID NO, JBMM32299 FREIGHT TERMS VIA: OFP TO BOMBAY SHIPPING TERMS GIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS 'juA'inry UNIT FKODJCT ANt DESCRIPTION UNIT PRICE 15000,00 KG 600 BAG 25 KG NET 2889 "TI-PURE" RUTILE RI03 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 KS WHSE /WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CC ERECT. E. I .DU PONT DE NEMOUP S AND CD 1,62500 PAGE NO. 1 INVOICE DATE 06/19/92 PAYMENT TERMS SDLC-C ACCOUNT NO. X144670 DATE SHIPPED 06/19/92 SHIPPING WEIGHT 34990 AMUUMI 243 75.00 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 t o t a l fy 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 99 X4 7L N36588 STANDARD CONDITIONS OF SALE ^ T Seller warrante .(hat the products or materials {hereafter "pro* 8. If any Government action should place or continue limits-' ducts") delivered hereunder meet Seller's standard specifica tions on the price provided for in this agreement such that'iit. tions for the products or,such other .specifications as may have would be illegal or against public or Government policy for Se lldr-, ' been expressly agreed to herein; SELLER MAKES NO WAR* RANTES OF MERCHANTABILITY OR FITNESS FOR A PAR TICULAR PURPOSE, OR ANY OTHER EXPRESS OR IMPLIED w a r r a n t y , EXCEPT AS PROVIDED IN CONDITIONS 3 AND 4 HERON. Buyer assumes all risk and liability resulting from use of the products delivered hereunder, whether used singly or in combination with other products. to charge, assess or receive the full amount of or to increase.'' such prices as determined by this agreement, then Sellersh'^LK' have the option (1)to continue to perform under this agreement' 1 subject to such adjustments in pricesthat Seller may dedfh nee-'' 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 of this agreement, or (3) to ter- ; , minate performance of the affected portions of the agreement ' 'T 2. No claim of any kind, whether fits,to products delivered or for without liability for any damages. -'fi 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 whkfc 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), 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- r mation will be provided gratis, and- Buyer assumes sole , shaft constitute a waiver by Buyer of all claims in respect of such. responsibility for results obtained in reliance thereon. products. Mo charge or expense incident to any claims will be allowed unless approved by an authorized representative of 10. Buyer acknowledges that it has received and is familiar with Seiler. Products shoji not be returned to Seller without Sailer's Seller's labeling and literature concerning the products sold prior permission, and than only in the manner prescribed by hereunder and wifi forward such information to its^employees Seller. Tbs remedy hereby provided shall be the exclusive and sole remedy of Buyer, in no event shall either party be liable tor special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party. who handle, process or sell such products and customers of such products, if any. Buyer agrees that products sold hereunder yyill not knowingiy be resold or given in,sample form . to persons, using or proposing to use the products for purposes, - >, cisht^y to recommiendations 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, patent covering the .products themselves; but does nbt wafranr7 against infr ingarnont by reason of the use thereof in combination with other products or in the operation of any process. ir);the opinion of Buyer, can handle, use and dispose of the pro* --ducts.safely...... ............-------- -u,....... .................... ... ... * ,.. ; ` 14. The Buyer shall reimburse tha'Sellor for all taxes, (exclud- ' . ing-irtcome taxes) excises or other charges which the Seller jhay ", v *' 4. Seller warrants sbsrt si! products delivered hereunder wore produced in compliance with the requirements of the Fair Labor Standards Act of 1 338. .as amended. bfe required to pay to any Government (National, Stats or Local) upon the sale, production or transportation of the products sold hereunder.-t . ,, 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 qf God., fire, explosion, flood, war, act of or authorized by any Government, accident, labor trouble or shortage, inability to :Obtain material, equipment or transportation. Quantities so " affected may be eliminated from lhe agreement without liability, but thd agreement shall remain, otherwise unaffected. Seller shall have no obligation to purchase supplies of the products specified herein to enable it to pprftxm this agreement. 6. If thte^agfeerqent covers products that must necessarily be manufactured especially tor Buyer and is suspended or ter minated for'any-.,reason. Buyer will take delivery of and jm^ka paymeotfpr sdch'products as have been completed and such as are in procession the date notice of suspension or termination is r^ceivedi^Selierfpiiovjded, that if Buyer for any reason cannotaccept d6J{yery of such products, it wilt make payment there for as Ihoughaeilvery Had been made and Seiler will store such products for Buyer's account and at Buyer's expense. ; s if-, for snv.raason incUm'ino but no; :o Yc-rco Mateyfc Ssj!%ys .unaPJC-tq^supgiy iie to;u: .cemaca an pryuuuts *pCi- tied herein,' SeKeffnSy'distnbute its available supply among any or |n.ptirdh^er|^as'vWe(l as departments and divisions df 12. In the event Buyer fails to fulfill Seiler's ternis of payment, or in case Seller shall have any doubt at,any time as to Buyer's' firiarteia! responsibility,1 Seiter may decline to make further deliv eries excppLupon receipt'of;cash or, satisfactory security. , 13.' This agreementTd not asdighabte or transferable by either; party, in wHdie or in part, except with the prior written consent' of the other party. 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sate,set forth on the front of this invoice or in the current price 'list tor the products 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 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 ofder forms stipulating different conditions. Unless Buyer shaft nbtity Seller in writing to the contrary as soon as practicable after rer.eiot r,t this n.v:.,. , :> ,me.products or paymt-u UiUroicr sruu oc aqu',-.:. -u mu .i _as|0ht tb'4he terms and conditions hereof. Waiver by either party \pi-drty default by the other hereunder shaft not be deemed a jyvdiver by such pithy of any default by the other which may q-Cfhereafter occur. _ ,s DUP050039866