Document 4vn7wvJ5Mk1vmjoGVezKBL7Oe
ORIGINAL
E. I. DU PONT DE NEMOURS & CO. (INC.)
INVOICE NO,.
DU PONT CHEMICALS
WILMINGTON, DELAWARE 19898 U.S.A.
-- L-7.S-0it28.I55
CUSTOMER ORDER NO.
TNDENT 4325________________ SOLD TO INDMAG LTD 1-1 PALACE RD BANGALORE 560 001 INDIA
DU PONT ORDER NO,
JBM M 31344 V00
INV REF NO. L730627630
SHIP TO COMMISSION ACCOUNT EXPORT TO INDIA
QUANTITY
UNIT
VIA:
FREIGHT TERHS
O/F PPD TO BOMBAY
SHIPPING TERMS
CIF
BOMBAY SHTP FROM: GULFPORT/EXPORT MS
PKUUUwi AND LihliLFJIF'TIGN
UNIT PRICE
UNIT PRICE VALUE - CMSM RATE
356000.00 3 2.0000%
TO ALLOW COMMISSION ON
INVOICE NO, L730627630
INVOICE DATE
920608
TO P LA STICHE MIX INDUSTRIES
0.02000
PAGE NO.
1
INVOICE DATE
06/08/92
PAYMENT TERMS
ACCOUNT NO.
X43865i
DATE SHIPPED
06/08/92
SHIPPING WEIGHT
AMOUNT
-430.50
Buyer's acceptance of the g Dods covered all terms and Conditions of sale stated
5" this invoice "shall constitute acceptance above and on the reverse side thereof.
by
the
buyer
of
*DUPONT TRADEMARK
TOTAL
M:?:.
-430.50
00401649 COO 809 00 0609
2 0 XBA
STANDARD CCNDmONS OF SALE
-A1:' ''Li L/LT'a V: ;r tbs product;; & materials (Iwroafter "pro
ducts'') delivered herounde! meet Seiler's standard specifica tions tor sue products or such other specifications ns may have been expressly agreed to hereto; SELLER MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTiCUl.Af-: PURPOSE, ORAMV'OTHE EAFREGS OR IMPLIED w ar r an t y , ex c ept as pr o v id ed in c o n d it io n s 3 an d
HEREIN. Buy?;? assumes all risk and liabbHy rouclLrtg from use 01 sIk : p uduotv.delivered hereunder whoTh-sr assd Cro-iy c< OCOsn'MiAW.Il with Other products.
2 Mo c'airr; d any khd, whether t to products delivered or for non.fe'.-rery A products, and whether cr not based on negli gence, shall be qiw.te" in amount `nan ;he purchase price or ins products la rospect of which damages a-h claimed: and failure lo giva notice oi c'.mn within ninety fi|C5} days from date of deliv ery, or fee dnN rived tor delivery (in the case of nondelivery), shall constitute 3 waiver by 8uy&f of ail claims In respect Of such products. No aha?gs or tr.<p~;i;jS. incio'crts to say claims will bS ;tT-3-*i?d ti.'i-cv?. jpio'm-f tty an uyihoru-ed represanfatwe of Seller. Fro;)u; to shol! t'to be returned to Sails; without Sailer's pr.or penrsisAon, snd then only m the manner prescribed by Salle:. if. a \arre-iy hereby provided shall be the exclusive and sole- oi Suynr lo t-,c :*>. * m ska.H chhor parry be liable for spcci-b. --itouci <:> "oncaqueovsai damages, whathor or not caused by or osaifiog ",rom ihs negligence of such party.
3. Soii-o oar::t > ~ ^ * or sate of the products delivered .`uofcur.oyf vv!f not * n r. the claims of any United States paler.: oooyo .og the - ' themselves, but dess not warrant ` apatost !n?r>r.y-'-.nt->riS * .. n .-on of the use thereof in combination won other CKSbrAi e- to itv/ operation o' arty process..
Aeiyr :
... , ,y; utociucto
'ifitowd&e were
produced in comgifenc with the requirements of the Fair Labor
SLuidto'd:? Ac* of "VLoi as arnsrsdocl.
5. No liability snail css-jn from delay in performance or nonper formance, directly or indirectly caused by circumstances beyond the control o* tho 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. Ouaniities so affected may be ehmimafud from the agreement without liability, bi.il the agreement shall temein eihce'v/rse unaffected Seller shaH have no obligation to purchase supplies of -he producis Specified herein lo enehlc n t' pur form mis agtotiinsto.
6. If this.agreement covers products that must necessarily be manufactured especially for Buyer and is suspended or terrnirtaied for any reason. Buyer will fake oellvary oi and make payment tor syicb products as have uaen compfetssf end such as are in procession the date notice of suspensior. or tartninafron is receivpcl;^y::Seiier; provided, that.-if Buyer for any reason cannof 'accepliShjiyerytof such products, it wiii make payment there
for as thoughdelivery had been mads and Seiler will store such products for Buyer's account and at Buyer's expense.
.- ;; i.jr ^i:vw. -
Y,.vv;
ic.icr. js unaoio tc^i^ppg
c-
tied Herein, SellerTnay distribute its available supply among any
or al|purcbasers^as'wetl as depmlments and envisions ol Seller, `t ' ` * ll'jnay deem fair and practical. voihout|ial^ljty
mance wlnch may result thp.refrdfri;''" f
j >fe. ' --A
w
'V, ' , _
: -'rv
-- -c 1 - .
' "rjJ - '
S. If any Governnseni action should place or continue. Jifnitalions on the price provided lor in this agreement such ;tha| it would be illegal or against publico? Government policy for Sefler to charge, assess or receive the full amount of or to increase,; such prices as determined by this agreement,'then Seller shall i have the option (1) to continue to perform under this agreement' subject to such adjustments in prices that Seller may deem nee- , essaryte comply with such Government action, (2) to revise this agreement, subject lo Buyers approval, in order to most nearly accomplish the ohgifiai iruent of this eg?(lament, or (3) to ter minate performance oi the Affected portions of the agreement without liability for any dwagec.
9. At Buyer's request, Seller may furnish such technical assistance and information as it has available .witn respect to the 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.
10. Buyer acknowledges that it has received and is familiar wish
Sailer's labeling and literature concerning the products sold
hereunder and will forward such information to hs 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 in.sample form
to persons using or proposing to usa the products for purposes
contrary to recommendations given by DuPont or prohibited by
law, but will be sold or given as samples oniy to persons who,
in.1he opinion of Buyer, con handle, use and dispose.of the pro-
~ ducts-safely- .
..... .. . ,....................................
11. The Buyer shall reimburse the-'Seller for all taxes, (exclud-
in'gfncome taxes} excises or other charges which the Seller may
be required to pay to any Government (National, Stale or Local)
upon the sale, production or transportation of tire products sold
hereunder.
'. '
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 deliveries except upon receipt of cash or satisfactory security.
13: This agreGmehfvfe not assignable or transferable by either party, in whole or in part, except with the prior written consent of trie other party.
14. in addition to tfse Standard Conditions of Sale set forth herein, any Special Conditions of Sal^set fortfi or the front r-f this invoice or in the current price list for we products soli hereunder shall apply and are mcoiporated by reference herein.
15. This document, along with documents specifically referred
to herein, contains all of lha uor-s end conditions witn respect
tt) the sale and purchase of the products sold hereunder. Those
forms and conditions supersede any of previous date and no
modificalion thereof shall bo binding on either party unlsss in
writing and signed by both parties. No modification shall hs
effected by the acknowledgement or acceptance of purchase
cyder forms stipulating difletent conditions. Unless Bayei shall
notify Seller irs writing to the confratv as so~n as practicable after
mr.-.irO r:r thu: nivc,;::-;;- c. , >':
cA
tits products Ur i-;i. : ir-u-.u-c! J.
-./gc.-. ;.c. :: c; r-.C'C; >
assent to the terms and conditions hereof. Waiver by either pony
.Of any default by the other hereunder shall not be deemed a
waiver by such party oi any default l;y the other which may
: thereafter occur.
DUP050039403