Document 3eONY8q7bOMmrjeq7aeawnM8E

ORIGINAL. E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. .17.3 0425060 CUSTOMER ORDER NO. STL/250-92 SOLD TO SHAGOYA PVT LTD CHEMICALS & ALKALI COOP SOCIETY LTD BEHIND UNION CAR THANE BOMBAY INDIA WAREHOUSING TTC INDUS AREA TURBHE DIST SHIP TO SHAGOYA PVT LTD CHEMICALS & ALKALI WAREHOUSING COOP SOCIETY LTD TTC INDUS AREA BEHIND UNION CAR TURBHE DIST THANE BOMBAY INDIA II) PONT ORDER NO. JBM M 31564 AOO SID NO. JBMM31564 FREIGHT TERMS VIA; PPD OCEAN FREIGHT TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS QUANTITY UNIT PRODUCT AND Iih5lIH-UN UNIT FRILL 10000.00 KG 400 BAG 25 KG NET 2889 "II-PURE" RUTILE RI03 WO7 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION INDIA. DIVERSION CONTRARY TO U.S. LAW IS PR OHIBITE D. "MERCHANDISE 0 F U S / ORIGIN" INSURE ALL RIS <$ WHSE /WHSE CERTIFIED TRUE AND C RRECT. E.I.DU PONT DE NEMOU F S AND CO 1.60000 PAGE NO. 1 INVOICE DATE 04/27/92 PAYMENT TERMS SDDP ACCOUNT NO. X757880 DATE SHIPPED 04/27/92 SHIPPING WEIGHT 23260 AMOUNT 16000.00 Buyer's acceptance of the goods covered by this invoice ..shell constitute acceptance by the buyer of all terras and conditions of sale stated above and on the reverse side thereof:. DUPONT TRADEMARK TOTAL 16000.00 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. 00415496 COO 809 00 0428 XBA N36555 99 X4 7L STANDARD CONDITIONS OF SALE V t. 7% i. SeiUw ante that 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 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 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 cr in combination with other pi'oducts- ,2. Mo claim of any kind, whether as to products delivered or for tipns on the price provided for in this agreement,such that, it ' would be illegal or against public or Government policy for-Seubf; \~T` to charge, assess or receive the full amount of or to increased. v such prices as determined by this agreement, then Seller .si|ljt^.'-c' have the option (1) to continue to perform under this agreement" - subject to such adjustments in prices'thet Seller may dedrii heef , essary to comply with such Government action, (2) to revise this14 ' r agreement, subject to Buyer's approval, in order to most -nearly " i; accomplish the original intent of this agreement, or (3) to ter- , minate performance of the affected portions of the. agreement /M| without liability for any damages. . . . //$ nondelivery of products, and whether gr 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 (90) 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 products. Ho charge or expense incident to any claims will be 9. At Buyer's request. Seller may furnish, Stuch technical. assistance and information as it has available with respect to the L? use of the products covered by this agreement. Unless other wise agreed in writing, all such technical assistance and infor mation 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 shaft 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 Sellar. The remedy hereby provided shall he the exclusive and 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 lira 'negligence of such party. who handle, process or sell such products and customers of ? J. 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 iteCO'ijMftendations given by DuPont or prohifiited by..-.. 3, Seller warrants that the use or sate of the products delivered (ylaw. but wifi be sold or given as samples only to persons who, ' .(, hereuudef will patent covering not she infringe products tthheemcslaeimlvess;obf uatndyosUsnritieotdw. .aSrtaratenst"- against infringement by reason of the use thereof in combination with other products or in the operation of any process. ' in,the opinion of Buyer, can handle, use and dispose of the pro- -. riucts safoly. - -- ......... , . ............. . ,, ... . :1" , . *5R' r ' The .BtiyershaH reimburse the Seiier for all taxes, (exclude irig income taxes) excises or other charges which the Seller may --'K ,;3|1 ' *, A 4. Seller warrants '.hat a!! products isfiyqred hereunder were produced in compliance with the requirements of the Fair Labor Standards Act. of 1938, as amended. be required to pay to any Government (National, Slats or Local) , . upon the sale, production or transportation of the products sold , v hereunder. ' 'V ,.i- "v,:.-. <f 5. No liability shall result from delay in performance or nonper formance, directly orinriirectly caused by circumstances beyond the control of the party affected, including, but not limited to. Act of 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 the agreement without liability, 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 deliv^ fries except upon receigi'^easfi tfrjteffefaslory security. '';I.;' = ;'$ - .V ''' " 13;- This agreement^ npt assignable or transferable by either ' Jg partyyirt witoie dr Hi part, except with the prior written consent ' Jo of the other party.: : - ' but the agreement shaft 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 Sate,set forth on the front of this invoice or in the current price fist for the products sold 6. If this agreement covers products that must .necessarily be hereunder shaft apply and are incorporated by reference herein. manufactured especially for Buyer and is suspended or ter minated for any reason, Buyer will `take delivery of and make payment torsuch products as have oaen completed and such as are in proc.esSvon the date .notice of suspension or termination isrgeeived b^SeHer; provided, that-if Buyer for any reason can not acceptpS|J.yeryOf.stfob products, it win make payment therefpr as thpu^hldelivery had been made and Seller will store such products for Buyer's account and at Buyer's expense. ? It- fnr anv.reason ino.Jwdinu uw> Mal&or'fc 15. This document., along with documents specifically referred to herein, contains aft of the terms and conditions with respect to the sale arid 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 piurchase older forms stipulating different conditions. Unless Buyer shaft notify Seller in writing to the contrary as scon as practicable after rer.fiir,; nt this non.,!-,i;vrv .0: cciiacjs unopjp tc^yppiy u.u to:as oc....... u or s, -> > . we products o; paymoo'. trierere; srwu uu -isiuvatjnt to v fiedhareln, Softer may distribute its available supply among any assent to the terms and conditions hereof, Waiver by either party or'al! purchasers, sslveft as departments and divisions of SeJIe^. -,,Of any default by the other hereunder shall not be deemed a orfsUch.b5SiC as it/may deem fair and practical, wnhou'ttjab'ilify i. f.-^yyaiver by such party .of .any default by the other which may which , may. result therefrom,#:. ' thereafter occur.; DUP050039771