Document 7O1oZgzenxrzw4wv7mmKr4Rge

STL/219-91 INDMAG LTD 1-1 PALACE RD BANGALORE 560 001 INDIA JBM M 30984 J00 INV REF NO. L730424804 COMMISSION ACCOUNT EXPORT TO INDIA VIA: OFP TO BOMBAY CIF BOMBAY PRO#: JBMM30984V00 SHIP FROM: GULFPORT/EXPORT MS 1 12/31/9 N 30 X438651 04/13/9 PLUS COMMISSION--SUBSID. 16250.00 @ 0.0000% COMMISSION ISSUED IN ERROR. FOR BOOKKEEPING ONLY 325.0 325.0 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 33: TELEX 125563: ACCOUNT OF E,I. DU PONT DE NEMOURS S CO. #910-1-484559. PLEASE MAKE CERTAIN YOU STATE YOUR COMPLETE COMPANY NAME, COUNTRY, AND THE INVOICE NUMBER BEING PAID. * 00401649 COO 809 00 2 0 XBA F 01 99 N36533 7 ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON# DELAWARE 19898 U.S.A. CUSTOMER ORDER NO. - _sTj-/-2 l_9r.91.. SOLD TO INDMAG LTD 1-1 PALACE RD BANGALORE 560 001 INDIA ng PONT ORDER NO. JBM M 30984 V00 INV REF NO. L73042446I INVOICE NO. L73 0424804 SHIP TO COMMISSION ACCOUNT EXPORT TO INDIA QUANTITY UNIT FREIGHT TERMS VIA: OFP TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROMt GULFPORT/EXPORT MS PP0DUCT AND DESCRIPTION * n1 f 1 1 IF U K UNIT I-R1CL UNIT PRICE VALUE - CMSM RATE 30902.57 3 2.0000% TO ALLOW COMMISSION ON INVOICE NO. L730424461 INVOICE DATE 920413 TO SONI CHEMICALS 0.02000 PAGE NO. 1 INVOICE DATE 04/13/92 PAYMENT TERMS ACCOUNT NO. X438651 DATE SHIPPED 04/13/92 SHIPPING WEIGHT AMLUNf -325.00 Buyer's accoptanoo of tho goods covered by this invoice shall constitute acceptance by the buyer of all terms and conditions of sale stated above and on the reverse side thereof. *DUP0NT TRADEMARK TOTAL Hy -325.00 00401649 COO 809 00 0414 2 0 XBA F 01 99 X4 7L N36533.01 DUP050039700 STANDARD CONDITIONS OF SALE 1 Seller warrants thatlhe products or materials .(hereafter "pro a. it any government action snousa place or continue lirnifa- ducts") delivered hereunder meet Seller's standard specifica lions on the pries provided for in this agreement-such thaftjt! tions for the products or such other specifications as may Have would be illegal or against public or Government policy for Sellerr- been expressly agreed to herein. SELLER MAKES NO WAR to charge, assess or receive the full amount <jf or to-increase,-; RANTIES OF MERCHANTABILITY OR FITNESS FOR A PAR such prices as determined by this agreement, then Seller, s%fo; TICULAR PURPOSE. OR ANY OTHER EXPRESS OR IMPLIED WARRANT/, EXCEPT AS PROVIDED IN CONDITIONS 3 AND 4 HEREIN. Buyer assumes all .risk and liability resulting from use o.f the products delivered hereunder, whether used singly or in combination with other products. have the option (1) to continue to perform -udder this agreemeifty subject to such adjustments in pricesthat Seller may dedrri nee-" 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 ' 2.. No claim of any kind, whether a? to products delivered or for 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 of claim within ninety (90) days from data of deliv ery, or the date fixed for 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, Seller 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 infer-: mation will be provided gratis, and- Buyer' assumes sole responsibility for results obtained in reliance thereon. allowed unless approved by an authorized representative of 10. Buyer acknowledges that it has received and is familiar with Seller. Products shall not be returned to Seller without Seiler's Seller's labeling and literature concerning the products sold prior permission, and then only in the manner prescribed by hereunder and will forward such information to its employees Seller. The remedy hereby provided Shall be the .exclusive and who handle, process or sell such products and customers of sole remedy of Buyer, In no-event shall eriher party .be liable for special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party, 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* cgptra|y jd 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 persons who, hereunder Will not infringe the claims of ..any United .States in the opinion of Buyer, can handle, use and dispose Of the pro- patent covering fhp products themselves; but does not warranH against infringement by reason of the use thereof in combination with other products or in-the operation of any process. ..__duots.isbfalyr,................ , :; 'H .. 11. The Buyer shall reimburse the':Sel!er for all taxes, (exclud ing income taxes) excises or other charges which the Seller may 4. Seller warrants that oil .produces delivered hereunder wore produced In compliance with the requirements of the Fair Labor Standards Act of 1338, as amended. bereqyired to payto Sny Government {National, State or Local) , upon the sale', production or transportation of the products sold '-hereu.^defo-A,;? L; ' 5. No liability shall result from delay in performance or nonper formance, directly pr 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 Seiler's* terms of payment, or in case Seiler shall have any doubt at any time as to Buyer's financial responsibility. Seller may decline to make further deliv.pries exceptmpon receipt of-cash or satisfactory security. Of God, fire, explosion, flood, war,' act of or authorized by any " government, accident, labor trouble or shortage, inability to 13. This agreement Ts not assignable Of transferable by either fobfoln material, equipment or transportation. Quantities so. affected may bo eliminated from the agreement without liability, party, in whole or in part, except with the prior written consentof 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 Sale,set forth on the front of this invoice or in the current price list for the products sold 6. If thl^.agreement covers products that must necessarily be hereunder shali apply and are incorporated by reference herein, manufactured especially for Buyer and is suspended or ter minated for ahy-s,reason, Buyer will fake delivery of and jen^ke payment for sdeb products as have been completed and such as are in 'procession the date notice of suspension or termination is r^ceived-I^Selferf'prpvided, that -if Buyer for any reason cannrtfecciept.:pd|^ibry.`bf^ysh products, it. will make payment there for as though'delivery had been made and Seller wifi store such products for Buyer's account and at Buyer's expense. .: 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 / it-tor anv-reason mcintiinu but siutLafi if, rorcu Maieure notify Seller in writing to the contrary as soon as practicable after ... tsejjaiyp unable..^syBgiy.ine iota; cemano mr prouuws spwur . ... .tn.e.prpducts .or pay-mcm tfrermc; oc cqu -c.-ic to a `tied herein. Seller finely distribute its available supply among any , assent to tbeterms and conditions hereof, Waiver by either party of'afi pqrtrh^ld'r^.as'wetl as departments and divisions ofjjjeltef, , - fof any default by the other hereunder shall not be deemed a ..^"Stlchjiiasi^JsT^'may deem;foir and practical, wthoui^tabjfjty 1 ^waiver by Such party of any default by the other which may foV^ny fufur^*^Fpi6rformance which may result thereffofifi -1- ^ ,t"'\thereafter pecur; / , E'5 jss&sssaaaai::x * ;-V':- i 'iu- vK. -. .1 -T " DUP050039701