Document 6BjVnkB3NbOmZ9OkX9rwEZ396

ORIGINAL E. I, DU PONT DE NEMOURS & CO, (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. MiMiiizsiiijLfe CUSTOMER ORDER NO. CPI43480 SOLD TO DU PONT (NEW ZEALAND) P 0 BOX 76-256 MANUKAU CITY AUCKLAND NEW ZEALAND LTD SHIP TO DU PONT (NZ) LTD C/O JARRATT SANDES WELLINGTON Oil PONT ORDER NO. JBM M 32418 A00 SID NO. JBMM32418 FREIGHT TERMS VIA! PPD O/F TO WELLINGTON SHIPPING TERMS Q'JAM 11Y ' UNIT DES WELLINGTON SHIP FROM: GULFPO RT/EXPORT MS rMODULI AND ULbLKIHIUN unir PRICE 40000.00 KG 1600 BAG 25 KG NET 2834 "TI-PURE" RUTILE R902 W28 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION NEW ZEALAND. DIVERSION CONTRARY TO U S LAW ] S PROHIBITED. "MERCHANDISE 0 F U S l ORIGIN" ALL BILLS NOT 3AID 21 5 DAYS FROM INVOICE DATE SUBJECT TO INTEREST AT 8% P.t INSURE WHSE/WH SE FAS VALUE: OCE AN FRT; INSURANCE: SERVICE FEE: CIF VALUE: CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMQUF S AND CO 1.30000 PAGE NO. 1 INVOICE DATE 07/21/92 PAYMENT TERMS N 60 ACCOUNT NO. XO06350 DATE SHIPPED 07/21/92 SHIPPING HEIGHT 93040 AMOUNT 52000.00 Buyer's acceptance of the goods covered by this invoice shell constitute acceptance by the buyer of all terms and conditions of sale stated above end on the reverse side thereof. JtDUPONT TRADEMARK TOTAL .: 52000.00 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 33s 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. 00058323 J61 860 00 0722 XBA A 99 X4 5L N37185 STANDARD CONDITIONS OF SALE '. Seller giants ins'. foe products or materials (hereafter "pro ducts"} delivered hereunder meet Salter's standard specifica tion;: 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 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 i HEREIN. Buyer assumes all risk and liability resulting front use of His p;oducts delivered hereunder, whotliei used singly or in combioaitun with other products. S. Mo claim of any kind, whether as to products delivered or for 8. If any Government action should place or continue limita tions on the price provided for in this agreement such thaj-it would be illegal or against public or Government policy for Seller to charge, assess or receive the foil amount of or to increase such prices as determined by this agreement, then Seller shall have the option.(1) to continue to perform under this agreement subject to such adjustments in prices'that Seller may deem nec 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 lor any damages. nondelivery of products. and whether c net based on negli gence, shall fee- greater in amount than the patchase price o; 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 (in the case of nondelivery), shad const'rtufft a waiver by Buyer of all claims in respect of such products. No charge or expense incident to any claims will be allowed iHmiS approved by an authorized representative of Seiler, products shall not be returned to Setter without Seller's pr.or permission, and inert only in the manner prescribed by Seller Tfie rornedy hereby provided shall be the exclusive and sole mmeoy of Buyer. !n no event shall either party be liable for special. indirect or consequentiei damages, whether or not caused by or resulting from the negligence of such party. 3. Seller warrants that the or sale of the products delivered heruuncsr w8i not infringe the claims of any Knifed States, patent covering toe products themselves; but does not warrant" against ftifringwiont by reason of the use thereof in combination with other products or in the operation of any process. 3. 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 ibis 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 with Seller's labeling and literature concerning the products sold hereunder and will forward such information fa its employees who handle, process or sell such products and customers oi such products, if any. Buyer agrees that products sold hereunder will not knowingly be resold or given in. sample form to person's using or proposing to use the products for purposes '(^^^.tb-rec^Tirnepdatlons given by DuPont or prohibited by laWbut will be 'sold or given as samples only to persons who, in the opinion of Buyer, can handle, use and dispose of the pro , ... . 11, The shall reimburse the Seller for all taxes, (exetud- WgincomAtaxes} excises or other charges which the Seiler may 4 Aeiiur v-arrarJ;. 'h;u sit products dttov-;re:J hereunder y.-ero produced in compliance with the requirements of the Fair Labor Standards Act c-t 1933. as amended. be required to pay to any Government (National, Stale or local) upon the sale, production or transportation of the products sold hereunder. -' ,VY: fY;-. ' 5. No liability shall resuh from delay in performance or nonper formance, directly or inri-toctly caused by circumstances beyond the control o1 the 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. Quantities so affected may be eliminated born the agreement without liability, 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 deliv eries exebpt upon receipt of cash or satisfactory security. 13. This agreement's not assignable or transferable by either party, in whole or in part, except with the prior written consent of the other party.' but the agreement shall remain alhenvise unaffected Seller shall have no obligation tc purchase supplies of the products specified heren to enable it tc perform this agreement. 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sate.ser forth on the front of this invoice or in the current price list tor the products sold 6. If this agreement covers products that must necessarily be hereunder shall apply and are incorporated by reference herein. manufactured especially for Buyer and is suspended or ter minated for any reason, -Buyer will take delivery oi and .make payment for spetj products as have Been completed and such as are in procession the date notice of suspension or termination is feceivedibysSetler; provided, that# Buyer for any reason cannbfacceptddfiyery of such products, il wilt make payment there-. for as thoughTdeliverybadbeen made and Seller will store such products for.`Bityer's account ancj at Buyer's expense. .-T-- ~K:iU: v a tor sn-r-raasori utciudj-*; tjui r.-j limited in Force Moieufe 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. Those terms and conditions supersede any of previous dale 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 lo the contrarv as soon as practicable after rrrreint r.i this; n;v., iiru;.,r r y M ;i j;,t;.K EOitCC^IS unaatc .tCfSlipp.y me toia; Oumartci tor t> -.-j.--v- _ me products, c-r payment ttierercr Uui; s :;qu.-. i: suyv! fiedhWein.'^Bjtectnay distribute its available supply among any assent to ihe terms and conditions hereof. Waiver by either party ~`v- " as departments and divisions of Seller, , ,6f any default by the other hereunder shall not be deemed a i deem fair and practical, withoutjiajjjjjty waiver by such party of any deiautt by the other which may r which may result therefrom* -" flfereafter occur,. & y, - - Ay DUP050040248