Document 4vd03xbywKKmYa9pnr9jMD58V

COPY E, I, DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS , WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. :: .L75. 0852186 CUSTOMER ORDER NO DU PONT ORDER NO. JBM M 327$1 A00 SOLD TO DU PONT DE NEMOURS INTERNATIONAL S A P 0 BOX 50 2 CHEMIN DU PAVILLON CH 1218 LE GRAND SACQNNEX GENEVA SWITZERLAND SID NO * JBMM32781 FREIGHT TERMS SHIP TO DU PONT (UK) LTD ACTON GRANGE DISTRIBUTION CENTRE BIRCHWOOD LANE MOORE NEAR WARRINGTON CHESHIRE ENGLAND VIA: PPD OCEAN FRT SHIPPING TERMS DES FELIXSTOWE SHIP FROM! GULFPORT/EXPORT MS QUANTITY UNIT PRODUCT AND DESCRIPTION UNIT PPICE 60000.00 KG 2400 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 W73 DISA CODE 10D73 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION ENGLAND. DIVERSION CONTRARY TO U.S. LAW IS PR OHIBITE D, 1.87000 PAGE NO. I INVOICE DATE 08/18/92 PAYMENT t e r ms N 60 ACCOUNT NO. X003900 DATE SHIPPED 08/18/92 SHIPPING HEIGHT 139560 AMOUNT 112200.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all terms and conditions of sale stated above and on the reverse side thereof. *DUPONT TRADEMARK TOTAL 11220.0.00 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, 00144696 J65 765 00 0819 2 0 XBA A 99 X4 5L N37208 STAMOARD CONDITIONS OF SALE ;, $e So,- xstai ants trsat the products Or materials (hereafter "products"-} 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 alt risk and liability rsuiting from use of the products delivered hereunder, whether used singly cr in combination with other products. 2. No claim of any kind, whether as to products delivered or for nondelivery of products, and w.hetiiur or not based on negli gence, shall he greater in amount than the purchase price of lire products in respect of which, damages arc 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. No charge or expense incident to any claim? will be allowed unless approved by an authorized representative .of Seller. Products shall not be returned to Seller without Seiler'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 no event shall either party he liable for speciai, indirect or consequential damages, whether or not caused by or resulting from the negligence Of such party. 3. Seller warrants that the use or sals of the products .delivered hereunder will not infringe the claims of any United .States patent cavering .the products themselves; but -does not warrant against Infringement by reason of .the use thereof in combination with oiher -products or in the operation of any process. 1 4. Seller warra.hs that all products xiplNgred hereunder wera produced in compliance with the requirements of the Fair Labor Standards Act of 1938. as amended. 5. No liability shall result from delay in performance or nonper formance, directly or indirectly caused by circumstances beyond the control of the party sheeted, 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 shah remain otherwise unaffected. Seller shall have no obligation to purchase supplies of the products specified herein te- enable it te perform this ug; seme of. 6. If this agreement 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 make payment tor sycij products as have osen compieted ano such as are in 'procession the date .notice of suspension or .termination is receivedJj-yrSelief;' provided, thaUf Buyer for any reason can notaccept delivery df.sueh products, it win make payment therefor asThpudh'dellvery .had boon made arid Seiler will store such products for Buyer's account and at Buyer's expense: / it-. *nr nv.r&airXv* > if'iiJjitnr) i j t>i<i \v.;i t ; f n i % 2 to r ' > v*--' iv{.^;vLAtc . Ii<J wIvii L L-J/-J -ft fJ- ~ 'Ivj-T**-* tied-herein, Seller may distribute its available supply among arty or all purchasers, sstvefi as departrnertfs and divisions Of Seller,. , on' strCh hasrS as it may deem fair and practical, wUhoufiiaMlity. ihiis'im oKperformance which may result therefrom .8, If any Government action should place or continue limita- , lions on the price provided for in this agreement such that it would be illegal or against public or Government policy (or Seller to charge, assess or receive the full amount of or lo increase, such prices as detarmfried by this agreement, then Seller f. have the option (t) to. continue to perform under tftisa^reemeriht'"'','' " subject to such adjustments in prices'that Seller may tfedm riec-' essary to comply with such Government action, (2) to revise this*';1 ` 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 without liability fo.r any damages. . . ;'H 9.. At Buyer's request. Seller may furnish, such technical assistance and information as it has available With respect to the S\} use of the products covered by this agreement. Unless other wise agreed in writing, all such technical assistance arid Infer- v mation will be provided gratis, and: Buyer assumes sole ' responsibility for results obtained in reliance thereon. ' - 1G. Buyer acknowledges that it has received and is tarniliar with Seller'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 ih.sample form ' ' . to persons using or proposing to use the products for purposes L 'iajhttafy to recommendations given by DuPont or jybhifJited ,by^ law, but wiii be sold or given as samples only to persons who, L ip the opinion of Buyer, can handle, use and dispose of the pro- Lt? -dufife-salely-.... :-- .......... ......... .*.............. - .. .. . ______ mi "V .-"v \ ' ' IT. Th:-Buyer shall reimburse the'Seiler for all taxes, (exclpd* * '' ing income taxes) excises or other charges which the Seller .may be required to pay to iny Government (National , State or Local) .- Upon the sale, production or transportation of the products sold . hereunder. 'L'| 12. In the event Buyer fails to fulfill Seiler'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 deiiv- eries except upon receipt -of cash or satisfactory security. i-uHVA-5'*'. - ; - 'YjjSV 13. This agreement is not assignable or transferable by either ^ J party, in whole or in part, except ,with the prior -written consent ` of the other party:; "V 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sato,set forth on the front of this invoice of in the current price fist for the products sold hereunder shall apply and are incorporated by reference herein. 15. This document, along with documents specifically .referred to herein, contains ail 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 ofd.er forms stipulating different conditions. Unless Buyer snail notify Seller in writing lo the contrary as scon as practicable after me products u: pv.yv.u; U ;:wr-a *ria oo uvu.va.m: ic sipyuj i assent fo'the.terms and conditions hereof. Waiver by either party .,of- any default by the other hereunder shall not be deemed a ,,;jwaiver by Such party of any default by the other which may thereafter occur,. DUP050040564