Document 65jk0bo480yRdymkEJVOmNDa1

ORIGINAL mE. I, PONT DE NEMOURS & CO. (INC.) INVOICE NO. -.L.75- Q4248Q51 CUSTOMER ORDER NO. INDENT 4284 SOLO TO INDMAG LTD l-l PALACE RD BANGALORE 560 001 INDIA WJ PORT ORDER NO. JBM M 30955 V00 INV REF NO. L730424462 SHIP TO COMMISSION ACCOUNT EXPORT TO INDIA VIA: FREIGHT TERMS OFP TO BOMBAY SHIPPING TERHS CIF BOMBAY PAGE NO. 1 INVOICE DATE 04/13/92 PAYMENT TERMS ACCOUNT NO. X438651 DATE SHIPPED 0A/13/92 SHIPPING HEIGHT 00401649 COO 80 9 00 0414 XBA F 01 99 X4 7L STANDARD CONDITIONS OF SALE % 1. Sa^r warrants teat the products Or materials (hereafter "pro ducts"/ delivered hereunder meel Seller's standard specifica tions tor Ihe products or such other specifications as may have been expressly agreed to herein, SELLER MAKES NO WAR RANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER' EXPRESS OR'iMPLIEO WARRANTY, EXCEPT AS PROVIDED IN CONDITIONS 3 AND 4 HEREIN. Buyer assumes all risk and liability resulting from use of Ihe products delivered hereunder, whether used singly or in combination with other productS- i: i 2. No ciaim of any kind, whether as to products delivered or for nondelivery of products, and whether or not based on negli gence. shall be qreater in amount than the purchase price of the products in 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 (m 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 claim? will be allowed unless approved by an authorized representative of Seiler, Products shall it o * be returned to Se|te- without Seller's . prior permission, and then: only in the rh&hnef prescribed by Seller, The'remedy hereby provided shall be the exclusive' and sole remedy of Buyer. In no event shall either party be liable for speciai, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party. 3. Seiler warrants that the use or sale of the products deliveited $ hereunder will not infringe the claims of any United [States patent covering the products themselves; but does not Warrant'": against infringement by reason of the use thereof in combination with other products or in the operation of any process. A. Seller warrants that .all products .delivered hereunder were , produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended, ' -*'*8^: ,-i 8. If any Government action should place pr continue limt#' h` tions on the price provided tor in this agreement uph -fos * would be illegal or against public or Government pplley torS^ to charge, assess or receive the full amount of or to tner? such prices as determined by this agreement, then Sailer s have the option (1) to Continue to perform under this agreem subject lo such adjustments in pricesrthat Seder may dedrVijli essary to comply with such Government action, (2) to revise tl agreement, subject to Buyer's approval, m order to most nearly accomplish the original intent of this agreement, or (3) to ter minate performance of the affected portion^ of the agreement' without liability tor any damages, 9. At Buyer's request. Seller may furnish, such technical assistance and information as ft has available with respect to the us of the products covered by this agreement. Unless other wise agreed in writing, all such technical assistance and irifpr- i mation will be provided gratis, and- Buyer' assumes Sole responsibility tor results obtained in reliance thereon. 10. Buyer acknowledges that it has received and is familiar with Seller's labeling and literature concerning the producls 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 in. sample form * to persons using or proposing to use the products for purposes tM* 7, ^.t) csGjfttrary to recommendations given by DuPont drjyphib'ited byv , law, but wiil be sold or given as samples Only to persons who, ip-the opinion of Buyer, can handle, use and dispose of the pro- -duhts^afelto.--- ____........T ________.......... 11. The Buyer shall, reimburse the1 Seiler for all taxes, (exclud 5JS ing income taxes) excises'or other charges which the Seller may be required to payto any Government (National, State or Local) upon the sate, production or transportation of the products sold hereunder.^ - , 'Y i W 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 Gpd, fire, explosion, flood, war, act of or authorized by any L-; Qpyernment, accident, labor trouble or shortage, inability to 12. In the event Buyer fails to fulfill Seller's terms of payment,- or in case Seller shall have any doubt atany time as to Buyer's financial responsibility, Setter may decline to make further deliv eries px^ft^upon receipt itf-cash or,satisfactory security. ytv yto ^ v 13.'ibis agredmen^fe not assignable dr transferable by either ' **$ equipment or transportation. Quantities'so party;rin whote-or id part, except with the prior written consent 1 "'* affected may be eliminated from the agreement without liability, of the other party;' ' but the agreement shah remain otherwise unaffected- Seiler sha() 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 Sate set forth herein, any Special Conditions of Sale-set forth on the front of this invoice or in the current price fist for the products sold 6. If this agreement covers products that must necessarily be hereunder shall apply and are incorporated by reference herein, manufactured specially tor Buyer and is suspended or ter minated for arty reason, Buyer wilt take delivery of and paymept for, products as have been completed and such as are in. procession the date notice of suspension or termination is r^ceived^^eltorrpitov.ided, thayf. Buyer for any reason can notaccept qefjYeryof such products, it will make payment there for a ti^ugjj^^ had' Seen made and Seller will store such prOd'p'sfeYw ^ferto^account and at Buyer's expense, 15. This document, along with documents specifically referred to herein, contains alt 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 shaft 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 Older forms stipulating different conditions. Unless Buyer shall * . *** T ~ *.** TV .>:* .. notify Seller in writing to the contrary as soon as practicable after 7 if-, for amt-mason mcUiriincs mit not tirnitad to Force Maieute mr.irv1 nt this rtr>r.;;rr.^rt rv; Bi)vp>v o? ^s.^qabta.fo^pugT>o,i.y_.we total .oemana tor profducts specs- products or payment tft&retcr.snail os io '^distr.i.b.u..t.e its iavailable.suppty amohg any4fMasent tbThe. terms and conditions hereof. Waiver by either party ................ " P-7 tiff any defa}jjt % -lb other hereunder shall not be deemed a |r;-.%.^^lver by siiCh party of any default by the other which may iwbibiTmayresuIt. ^tg,ffSpraffsr occur,.. ilfc': DUP050039233