Document 4vkwMXjxK21RDVYGEB3V103eR

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON* DELAWARE 19898 U.S.A. INVOICE NO. L73 ..0831.900 CUSTOMER ORDER NO. INDENT BG/671 SOLD TO M/S INCOWAX PVT LTD PLOT A-29 MADRAS EXPORT PROCESSING ZONE TAMBARAM MADRAS 600 045 INDIA DU PONT ORDER NO. JBM M 32870 A00 SID NO. JBMM32870 FREIGHT TERMS SHIP TO M/S INCOWAX PVT LTD PLOT A-29 MADRAS EXPORT PROCESSING ZONE TAMBARAM MADRAS 600 045 INDIA VIA* PPD OCEAN FREIGHT SHIPPING TERMS ClF MADRAS SHIP FROM* GULFPORT/EXPORT MS PAGE NO. 1 INVOICE DATE 08/19/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X4379Q0 DATE SHIPPED 08/19/92 SHIPPING HEIGHT 18608 8000.00 KG 320 BAG 25 KG NET 2832 "TI--PURE" RUTILE R900 W28 **LETTER OF CREDIT INFORMATION** L/C #: FLC0905057692 ADVICE #t E-65714 AMT t 13000.00 EXPIRE DATE: 09/21/92 -THESE COMMODITIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE DESTINA1 ION INDIA. DIVERSION CONTRARY TO U.S. LAW IS PROHIBIT! D. "MERCHANDISE OF US ORIGIN" INSURE ALL RISKS WHSEj/WHSE CERTIFIED TRUE AND C CjRRECT. E.I.DU PONT DE NEMOUFJ S AND CO 1.62500 13000.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all teres and conditions of sale stated above and on the reverse side thereof* *DUPONT TRADEMARK. TOTAL 13000.00 BUYER'S ACCEPTANCE OF GOODS COVERED BY THIS INVOICE CONSTITUTE ACCEPTANCE OF ALL TERMS ANU> 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 WITHOUT DEDUCTION FOR EXCHANGE FLUCTUATIONS, CUSTOMS OR OTHER FOREIGN GOVERNMENT ASSESSMENTS. REMIT PROCEEDS BY S.W.I.F-T. OR TELEX AT OUR EXPENSE TU 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. 00423353 COO 809 00 0820 XBA 99 X4 7L N36600 STANDARD CONDITIONS OF SALE 1. Setter warrants that the products or materials {hereafter "pro 8. if any Government action should place or continue limita 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 WAR4 RANTIES OF MERCHANTABILITY OFS FITNESS FOR A PAR TICULAR PURPOSE. OR ANY OTHER EXPRESS OR IMPLIED WARRANTY. EXCEPT AS PROVIDED in .CONDITIONS 3 AND A 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 & to products delivered or for tions on the price provided for in this agreement:)Siteh;:th^.4t? would be illegal or against public or Government policy for Se Her" to charge, assess or receive the full such prices as determined by this agreement, then Ssjier.stigljr; have the option (1) to continue to perform under this agre'eifieStj' subject to such adjustments in pricesthat Seller may dobra fee-' 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 without liability for any damages. 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 which damages are claimed; and failure to give notice ol claim within ninety (30) days from date of deliv ery, or the date fixed tor 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 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 other wise agreed in writing, all such technical assistance and. infeir- ' matter) will be provided gratis, and - Buybf assumes sole responsibility for results obtained in reliance thereon. allowed unless approved by an authorized representative of Sailer, Products shall not be returned to Seller without Seller's prior permission, and then only in the manner prescribed by Seller. The remedy hereby provided shall be the exclusive and sols remedy of Buyer, In no event shall either parly be liable for special, indirect or consequential damages, whether or not caused by or resetting from the negligence of such party. 10. Buyer acknowledges that it has received and is familiar 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 doid 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 3. Seller warrants that the use or sale of the products -delivered law, 'but will be sold of given as samples only to pardons who, hereunder will not patent covering the infringe the claims of any United ..States products themselves; but does nbt warrant" iqthe opinion of Buyer, .-.-..ducts--safety-- - .... can handle, 'Si, use and dispose of the pro-' .................... ..... against inti Ligament by reason of the use thereof in combination with other products or in the operation of arty process. LiU'iTte'-'BuySfishall reimburse the'Seller for all taxes, (exclud U. ing incometaxes) excises or other charges which the Seller may 4. Seller warrants that ail products dalivgred hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended, be required te payto dny Government (National, State or Local) uppn the sale, prdductiori or transportation of the products sold. ".'heretpideT-:-',:^ \ ;V 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 12. In the event Buyer fails to fulfill Seller's" terms of payment,- or in case Seller shaH have any doubt at.any time as to Buyer's financial responsibility, Seiler may decline to make further deliv.... .eries exceptfopon; receipt of-cash or.satisfgctQry security. . of God, fire, explosion, flood, war, act of or authorized by any Government, accident, labor trouble or shortage, inability to - pbfaln material, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, 13. This agreement IS not assignable pr transferable by either party, in whole or in part, except with the prior written consent of the other party., but the 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 Sale set forth herein, any Special Conditions of Sate,set forth on the front ol this invoice or in the current price fist for the products sold 6. If thte.agrsement covers products that must necessarily be hereunder shall apply and are incorporated by reference herein. manufactured especially for Buyer anc! is suspended or ter minated for anyireason, Buyer will take delivery of and jm^k paymentfor suchiproducts as have boon completed and such as are in procesdhbn the date notice of suspension or termination is rt3ceived^(Se!lefj'pirgvjded, that ,if Buyer for any reason can 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 not accept ddilsery.`Ol' sifoh products, it will make payment there for a|;fhoughrdelivery had been made and Seller will store such writing and signed by both parties. No modification shall bo effected by the acknowledgement .or acceptance of purchase ' prod'aqfs fbf ;Buygr's account and at Buyer's expense. ofder forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after / u.for .snv.reasor.s inciutlhn'i hut ci tertecd m-rorac Maieore FAr.:]rirri fit Tv/ !u iVvH' wiv'-'j r.:`;L'V.01 zsrtejjz ins iDiUi cesr.ano *ur ,. .. tne.products or payu.v.u tuvroK: l c eqc-'a-sui -u 'ap s tied herein, Sejler/nay"distribute its available supply among any a. ' assent ibYbeterms and conditions hereof. Wawer'by either party or all p.Urch^sere.,as'V/e11 as departments and divisions of Relief, , :jcf any default by the other hereunder shaf! not be deemed a otfsuch baste'rts'l}'may deem fair and practical, withouttfabjtily - $raiver by uch party of any default by the other which may .thereafter occur,./ ..V.'. , r.rrS.. . .? ' DUP050039891