Document 5DpoyYjo20zeXmdXgBDgVmQL0

ORIGINAL E. I, DU PONT DE NEMOURS & CO. (INC.) w il min g t o n , n d e u w ar e a u .s .a . INVOICE NO. --JLZ5_P.525Ma CUSTOMER ORDER NO. _QA L./ 5.9r2. SOLO TO INDMAG LTD 1-1 PALACE RD BANGALORE 560 001 INDIA DU POUT ORDER WO. JBM M 31341 VOO INV REF NO. L730425030 SHIP TO COMMISSION ACCOUNT EXPORT TO INDIA FREIGHT TERNS VIA; PPD O/F TO BOMBAY SHIPPING TERNS GIF BOMBAY PAGE NO. 1 INVOICE DATE 04/29/92 PAYMENT TERMS ACCOUNT NO. X438651 DATE SHIPPED 04/29/92 SHIPPING HEIGHT 00401649 COO 809 00 0430 2 0 XBA F 01 99 X4 7L STANDARD CONDITIONS OF SALE M 1 Se Ifer inat the products Or materials (hereafter "pro ducts") delivered nereunder meet Seller's standard specifica tions lor tee products or such other specifications as may have been expressly agreed to herein. SELLER MAKES NO WAR RANTIES o f me r c h a n t a b il it y o r Wit n e s s f o r a p a r t ic u l ar 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 combinaiion win other products. 2. No claim of any kind, whether as to products delivered or for nondelivery of products, and whether or not based on negli gence, shall be qreater m amount than the purchase ptice of the products m 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 ail claims in respect of such products. No charge or expense incident to any claims will be 8. If any Government action should place or continue limitar , ' tions on the price provided for in this agreement such.th^lF'-:, y would be illegal or against public or Government policy torSef|f;'H^''to to charge, assess or receive the full amount of or to.trapr^ga^: * such prices as determined by this agreement.Then have the option (1) to continue to perform under ^rfeagreemem;*''.^^; subject to such adjustments in prices'that Seller may de^rii.jieGr^^V^. essary to comply with such Government action, (2) to revise tlito . Vr agreement, subject to Buyer's approval, in order to most nearly accomplish the original intent of this agreement, or (3) to ter- V d minate performance of the affected portions of the agreement without liability tor any damages. . ;r*1! 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 such technical assistance and infor: mation will be provided gratis, and-Buyer assumes sole responsibility tor results obtained in reliance thereon. ' . allowed unless approved by an authorized representative of , Seller. Products shall rot be returned to Seller without Seller's prior permission, and then only in the manner prescribed by Seller. The remedy hereby provided shall bo 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 the negligence of such party. 3. Sailer warrants that the use or sale of the products delivered' hereunder will not infringe the claims of any United .States 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 sold -J.L hereunder will not knowingly be resold or given in,sample form " .to persons using or proposing to use the products for purposes^,coftfrary to recommendations given by DuPont or prohibited by,jy4^| law, bid will be sold or given as samples only to persons who, iqthe opinidn of Buyer, can handle use and dispose of the pro- -T|l patent covering the products .themselves; hut does'riot Warrant'' against infringement by reason of the use thereof in combination with other products or in the operation of any process, v ,0;l j- \ ` ' i l. Jhb Buyer-shaft reimburse the-Seiler tor all taxes, (exclud-. ing income ta>tos) excises'of other charges which the Seiler may r4 4. Seller warrants that all products dofivgred hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended. beriequireb to payto driy Government (National, Stats or Local) upon the sate, production or transportation of the products sold'. -sJ| hereunder.>, . ^ t 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 gf Qod, fire, explosion, flood,, war, act of or authorized by any 12. in .(he event Buyer fails to fulfill Selter's terms of payment, or in case Seller shall haver any doubt at,any time as to Buyer's fidanpial re^onsibiy,t Se||dr'mSy ddcim'e to make forther deliverie?i ^e^upon;recei|f^f.-cash or^atisfatetory security. - :-3 V , Qpyerhment, accident, labor trouble or shortage, inability to :%bia1n 'material, equipment pr transportation. Quantities so affected may he eliminated from the agreement without liability, 13.' This agj$dmenr%npt assignable oY transferable by either partly in wtftjtevor in part, except .with the prior written consent ' of the other party: >" \ ^ but the agreement shall remain otherwise unaffected. Seller shay have no obligation to purchase supplies of the products .specified herein to enable it to perform this agreement. 6. if thia..egfedment covers products that must necessarily be 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Saie^set forth on the front of this invoice or in the current price fist tor the products sold hereunder shall apply and are incorporated by reference herein. manufactured especially for Buyer and is suspended or ter minated tor any; reason, Buyer will take delivery of and jn^ke payment forspefj.products as have been completed and such as are in procession the date notice of suspension or termination israiceived^^$eller;ipirdv.ided, thatjft Buyer tor any reason cannofaccept ^|ya(ybf.^w products, it will make payment there- ' . fqr .^'thpug^daiiydfyshad; been made and Seller .will store such {jrod'Crgfi'Tpf' fe^rerf^fgeepunt arid at Buyer's expense, y.v. 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 writing and signed by both parties. No modification.shall be effected by the acknowledgement or acceptance of purchase order forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after 7 it for anv reason ihdudino bin not limited toforce Maiewe reneint nt this (tnr.sirr.tint rv; 'Rover nv fcivr's acceataa: of .. tqejJaws Juoabto^torfiUBRiy the total oemana tor pr.yauas spect- . ,tjje products gr payment therefor snsi! oe equjva:-jrn to opjer; .,^^distfibute its Available supply among anyi^^ja^enttbilietormsand conditions hereof. Waiver by either party 08 <tepartnrmsrand divistons *r;v^ Sy default by the other hereunder shall not .be deemed a j fair and practical, wit,.'r.tovpiver by such party of any default by the other which may may- neutt. ' -'"^'ftpreaffer ppciir.ii' < A4: DUP050039333