Document 3emzwLQ9Ve18jbpL1D8a97Qmx

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS . WILMINGTON, DELAWARE 19898 U.S.A, INVOICE NO. L7S 0321840 CUSTOMER ORDER NO. TGL-004 SOLD TO REZWAN TRADING SYNDICATE 42/2/B MANESHAWAR RD DHAKA BANGLADESH SHIP TO REZWAN TRADING SYNDICATE 42/2/B MANESHAWAR RD DHAKA BANGLADESH DU PONT ORDER NO, JBM M 30160 AO0 SID NO. JBMM30160 FREIGHT TERMS VIA: PPD O/F TO CHITTAGONG SHIPPING TERMS QJANTITY UNIT CFR CHITTAGONG SHIP FROM: GULFPORT/EXPORT MS PRODUCT AND DESCRIPTION UH1I HU CL 15000.00 KG 600 BAG 25 KG NET 2832 "'TI-PURE" RUTILE R900 **LETTER OF CREDIT INFORMATION** L/C #: 2507/013/29/92 ADVICE #: 10030208 AMT: 24000.00 EXPIRE DATE: 03/15/92 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION BANGLADESH. DIVERSION CONTRARY TO U S LAW IS PROHIB] TED, "MERCHANDISE 0 F U S / ORIGIN" CERTIFIED TRUE AND C RRECT. E. I.DU PONT DE NEMOUF S AND CO 1.60000 PAGE NO* 1 INVOICE DATE 03/04/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X709720 DATE SHIPPED 02/26/92 SHIPPING WEIGHT 3499 0 AKUUN' 24000,00 Buyer*, aeeeptanoe of the goods covered by this involoa shall const!tuts acceptance by the buyer of all terns and conditions of sale stated above and on the reverse side thereof. *DUP0NT TRADEMARK TOTAL tf^ 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 INCQTERMS-1990 AND SHALL APPLY UNLESS OTHERWISE STATED. FOR NON-DRAFT BILLING, PLEASE SEND ALL REMITTANCES IN U.S. DOLLARS w it h o u t De d u c t io n f o r e x c h a n g e f l u c t u a t io n s , c u s t o ms o r o t h e r f o r e ig n g o v e r n me n t 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. 00 410309 COO 965 00 0311 2 0 XBA A 99 X4 7L STANDARD CONDITIONS OF SALE 1. So tier wcnants that the products or materials.(hereafter "pro* S. If any Government action should place or continue limita ducts") dafivered hereunder meet Belter's standard specifica tions on the price provided for in this agreement such thjat||t tions for the products or such other specifications as may have would be illegal or against public or Government policy for Set^r 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 w a r r a n t y , ex c ept a s pr o v id ed in c o n d it io n s 3 an d 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. to charge, assess or receive the. frill amount of or to increase such prices as determined by this agreement, then Seller shall have the option (1} to continue to perform under this agreement subject to such adjustments in pricesihat Seller may deem nec essary to comply with such Government action, (2) to revisa tViis agreement, subject to Buyer's approval, in order to most nearly accomplish the original intent o? this agreement, or (3) to ter minate performance of the afleered portions of the agreement 2. No claim of any kind, whether es to products delivered or tor without liability for any damages. nondelivery of products, and whether or not based on negli gence, shall be greater in amount than the parenas price of the products in respect of which damages are chimed; and failure to give notice o! claim within ninety (SO) days from date of deliv ery, or the dais fixed for delivery (in the case of nondelivery), sha'ii constitute a waiver by Buyer of ail claims in respect of such 9. At Buyer's request. Seiler 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 sucti technical assistance and ihfor-, mation will be provided gratis, and Buyer assumes sole responsibility for results obiained in reliance thereon. products. No charge or expense incident to any claims will be allowed un'iwss nppi ovnd by an authorized representative of 10. Buyer acknowledges that it has received and is familiar with Sellar. Products sha.ll not be returned to Seller without Seller's Seller's labeling and literature concerning the products sold prior permission, anri then only in the manner prescribed by hereunder and will forward such information to its employees Seller The remedy hereby provided shall be th exclusive and who handle, process or sell such products and customers of sole remedy of Buyer In no event shall sit her party be liable for such products, if any. Buyer agrees that products sold special, tndhset or nonsequential damages, whether or not caused by or mulling from the negligence of such party. hereunder will not knowingly be resold or given in. sample form to persons, using or proposing to use the products for purposes; ; contrary to recommendations given by DuPont or prohibited by Sc-Ry tints !!');:? the use or sate of the products delivered Yj / 'laW^'%ut.wlll_.be''^rotet or given as samples only to persons who, hereunder will noi infringe the claims of any United..States iq, the opinion of Buyer, can handle, use and dispose of the pro-..- patent covering the products themselves: but does not warrant' --r. ducts-safelyu....... ............ ... . ...................................... ......... against infringement by reason of the use thereof in combination '."f , Y .. .. . . wire other products <y in the operation of any process. 11, The Buyer shall reimburse the Seller for all taxes, (excludingqhcOme taxes) excises or othercharges which the Seller may 4. SeSii-r :r,,,n at! ; ir.ci ,,<." ds'iiv^rod hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of i83f>, as amended. be required to pay to any Government (National, State or Local) upon the sale, production or transportation of the products sold hereunder. . .. ; 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 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, but the agreement shall remain otherwise unaffected. Seller shat! have no obligation tc purchase suppties of the products specified herein ro enable <f to perform this agreement. 6. If this.agieement covers products that must necessarily be manufactured especially for Buyer and is suspended or ter minated for a#.reason. Buyer will take delivery of and ni^ka payment for such products as have nsen completed and such as are in procession the date notice of suspension or termination is rgceivud|^S'SeIler; provided, that.ff Buyer for any reason cannof 'Wceptj5$|v{eryfof sdeh products, it will make payment there- . tor as thoughfdeliyery.had feisen made and Seiler will store such products fpr Super's account and at Buyer's expense. it foi anv-raixson :rcAueiina :v .a kj 12. In ttte 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, Seiler may decline to make further deliv eries 'xd|ip|:dpQn;rjHf|t'''aTi^li or .satisfactory security. T3L This agraemerfei! not assignable or transferable by either party, in whale.;or in part, except with the prior written consent of the other party/ 14. In addition to the Standard Conditions of Sale sel forth herein, any Special Conditions'of Sale,set forth on the front of this invoice or in the current price list for 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 end conditions with respc-c! to the sale and purchase of the products sold hereunder. These terms and conditions supersede any of previous dale and no modification thereof shall ba binding on either party unless in writing and signed by both parties. No modificationshall be effected by the acknowledgement or acceptance of purchase order forms stipulating different conditions. Unless Buyer shall notify Seller in writing to tho contrary as soon as practicable after -lijLi LL/IiJ.; ,5jy'!Lpi;,'t.j fiedharetp; Se^lefTpay distribute its available supply among any jpsrw<jtl as departments and divisions .ofejter,, ' "njay daem fair and practical, wilhouHffatjijily Idtmance which may result therefrdfeTA tug products or paystn-ai tneraver crw.; .qu:=u ciuyci - "`assdhttoiihd terms and conditions hereof. Waiver by either party \<Jf any default by the other hereunder shall not be deemed a /waiver by such party of any default by the other which may \ thereafter occur, -. p--if "wW.? a 'jpv * ,.>i DUP050038789