Document 8MVM8ErvbyE0qrQk5xRNq7NZ

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 1989S U.S.A. INVOICE NO. .. L7.5 P32255& CUSTOMER ORDER NO. SOLD TO DU PONT NEW ZEALAND LTD P 0 BOX 76-256 MANUKAU CITY AUCKLAND NEW ZEALAND SHIP TO DU PONT NEW ZEALAND LTD 7 RONWOOD AVENUE MANUKAU CITY AUCKLAND NEW ZEALAND QUANTITY JHf7 PU PONT ORDER MO. JBM M 30466 A00 SID NO. JBMM3Q466 FREIGHT TERMS VIA: PPD O/F TO AUKLAND SHIPPING TERMS DES AUCKLAND SHIP FROM: GULFPORT/EXPORT MS n.-OMUCT ANT IiESCRlFTIC'l UI.II FRICE 20000.00 KG 800 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D cSTINAI ION NEW ZEALAND. DIVERSION CONTRARY TO U S LAW ] S PROHIBITED. "MERCHANDISE 0 F U S / ORIGIN" ALL BILLS NOT 3AID 22 5 DAYS FROM INVOICE DATE SUBJECT TO INTEREST AT 8% P J .* INSURE WHSE/WH SE CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEM0UF S AND CO 1.30000 PAGE NO. 1 INVOICE DATE 03/25/92 PAYMENT TERMS N 60 ACCOUNT NO. X006350 DATE SHIPPED 03/25/92 SHIPPING WEIGHT 46520 AMU'JfiT 26000.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of ail terms and conditions of sale stated above and on the reverse side thereof. *DUPONT TRADEMARK t o t al " fl|l> pi;#:/. 26000.00 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 YORlf,. NY U.S.A.: S.W.I.F.T. CHASSUS 33: 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. 00058322 J6I 860 00 0326 XBA A 99 X8 5L N36673 STANDARD CONDITIONS OF SALE ;, f&jXiw t ams treat the products or materials (haroafter `'pro* duets") delivered he'eunde*. meet Salter's standard spacHica* tici's tor tnc products or such other specifications as may havo been expressly agreed to Harem. 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 a HEREIN. Buyer asswnes all risk and liabWy resulting from use of Hie r; odtictu delivered hereunder, whether ;su>--d sfegiy c; In con binai'ori with other products. 2, Me claim of any kind, whether as to preducts d&iiveted or lor nondoiivery o; products, and -.viiethsr or not based on negli gence. ska'* fee greater in amount than the purchase price of xho products in respect of which damages are claimed; and failure to give notice o! claim within ninety (90) days from date of deliv ery, or the date fixed for delivery (in the case of nondelivery), shali constitute a waiver by Buyer of all claims in respect of such products. No phargs or expense incident to any claims will be allowed -.jrvtesr ?provert by an authorised representative of Seiler. products shaif nof be relumed to Salter without Salter's pr,or permission. and then only in the manner proscribed by Seller Tfe rat red y hereby provided shall be tire exclusive and so1 teoiouy of Buyer. in no event shall either party be liable for special, indirect or ooprs&fjuaistia} damages, whether or not caused by or resetting iron the negligence of such party. 3. Seitec wa; rants that the use or safe of the products deltvef'ed ' herwRdsr -.ill no! infringe the claims of any United States, patent covering the pronjcts themselves; but does not warrant."' 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 toil 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 dedm flee-. 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 o! this agreement, or (3) to ter minate performance ot the affected portions of the agreement without liability lor any dvnages. ' ). 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 infer- ; 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 products sold hereunder and will forward such information lo 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 tor purposes . ; cphtfdry ,to recommendations given by DuPont or prohibited by law, but will be'sold or given as samples only to persons who. Min the opinion of Buyer, can handle, use and dispose of the pro- * ducts-safety-........... - - .................................. aga ins* infringemonf tty reason of she use thereof in combination w:te ether pro-,facto or in the operation of any process. L-eliC'' vrtr.ti-.;;, a`.i orpducts deriv;f'e;i hereunder wera produced in compliance with the requirements of the Pair Labor Standards Act. of SPSS, as amended. ' 11. The Buybr shall reimburse the Seiler far all taxes, fexefod. ingincome tax^s) excises or other charges which the Seller may be required tdpayto any Government (National, Slate or -Local} upon the sate, production or transportation of the pioducts sold hereunder.- . ; r ;;-X- 5. No liability shall result from delay in performance or nonper formance, directly at .nriiteetly caused by circumstances beyond the control of 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 from the agreement without liability, but the agrewiem shall remain otherwise unaffected Seller shall 'have no obligation to purchase supplies of the products specified herein to enable ri tc perform this agreement. 6. If this agreement covers products that must necessariiy be manufactured especially for Buyer and is suspended or ter minated for any reason, -Buyer will take delivery of and make payment tor sueft products as have- Dean completed and such as are in procession the date notice of suspension or termination is tsceivsd^Geller; provided, that ft Buyer for any reason can- facceptjCtsiKery. ofsijch products, it will make payment there for as tjtough/delivery.had been mads and Seller will store such products for Buyer's account and st Buyer's expense, , - ; ' -Vi- . . v ;i fnr anvt.rflrwiift :i`.r:h;7i;iu;; um iiror'CL Mcsi^Ui'S unauso XG^^p^ > 1. *jV.Xar& Us piW-iCi* bpvti- tied herein, splferlmay distribute its available supply among any as departments and divisions deem fair and practical, .with nance which. may result then 12. In the event Buyer fails to fulfill Seiler's terms ol payment, or in case Seller shah have any doubt at any time as to Buyer's financial responsibility, Seller may decline to make- further deliv eries except upon receipt; of cash or satisfactory security. 13. This agreements not assignable or transferable by either party,'in wheiie or in part, except with the prior written consent of the other party. 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sate,set forth on the front of tills invoice or in the current price list for the products sold hereunder shall apply and are incorporated by reference herein. 15. This document, along with documents specifically referred to harem, contains ail of (he terms and conditions vvitn respect tb the sate and purchase of the products sold hereunder. These terms and conditions supersede any of previous dais and no modification thereof shall ba binding on either party untsss in writing and signed by both parties. No modification shall be affected by the acknowledgement or acceptance ot purchase order forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after rfti-.sin* nt ihts umi ii-u.r :;/ -v- Y, Acer;- WU pl'OUUUlb Vi! P-1 Uiar'A'-Cr OO Vp;,! V !; r. assent tb'fha terms and conditions hereof. Waiver by either party Of any'default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may " thereafter occurv DUP050040047