Document 8OapKdQm5bRBmYLgnGdyqQxMZ

COPY E. I. DU PONT DE NEMOURS & CO. DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. ) INVOICE NO, j L73 0220193 CUSTOMER ORDER NO. J-Vt g Lt o o SOLD TO CRECENT ENTERPRISE 5 CHAWK BAZAR DHAKA BANGLADESH SHIP TO CRECENT ENTERPRISE 5 CHAWK BAZAR DHAKA BANGLADESH DU PONT ORDER NO. JBM M 29976 A00 SID NO. JBMM29976 FREIGHT TERMS VIA: PPD O/F TO CHITTAGONG SHIPPING TERMS CFR CHITTAGONG SHIP FROM: GULFPORT/EXPORT MS QUAMIIIY urui PKUIMJCF ANL JbbLKIM 1UH UNIT PRICE 15000.00 KG 600 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 1.60000 **LETTER OF CREDIT INFORMATION** L/C #: IMG/FC/042/92 ADVICE #: 200406 AMT: 24000.00 EXPIRE DATE: 02/27/92 -THESE COMMQDI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION BANGLADESH. DIVERSION CONTRARY TO U S LAW IS PROHIB] TED. "MERCHANDISE 0 F U S / ORIGIN" CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CO PAGE NO. 1 INVOICE DATE 02/05/92 PAYMENT TERMS SDLC-C ACCOUNT NO. X2285DD DATE SHIPPED 02/04/92 SHIPPING WEIGHT 35390 AMOUNT 24000.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all terns and conditions of sale stated above and on the reverse side thereof. *DUP0NT TRADEMARK TOTAL |i^ 24000.00 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 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. 00409440 COO 965 00 0214 2 0 XBA A 99 X4 7L < STANDARD CONDITIONS OF SALE 1. >iwept ants ina' the ptoducts or materials (hereafter "pro ducts''-) delivered hereunder meet Setter's standard specifica tions (or 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 p a r t ic u l a r PURPOSE, OR ANY OTHER EXPRESS OR IMPLIED w a r r a n t y , e x c e p t a s p r o v id e d :n c o n d it io n s 3 a n d 4 HEREIN. Buyer assumes all risk and liability resulting from use ol the products delivered hereunder, whether used singly or in combination with other products. 2. Mo claim of any kind, whether as to products delivered or tor nondelivery of products, and whether or not based on negli gence, shat! be greater in amount than the purchase price of the products ir. respect of which damages are claimed; and failure to give notice ol claim within ninety (30) days from date of deliv ery, or the date fixed for delivery (in the case of nondelivery), shaii constitute a waiver by Buyer of all claims in respect of such products. No charge or expense incident to any claims will be allowed a/vans, approved by an authorized representative of Seiler, products shall no; be returned to Salter without Seller's prior permission, and then only in Hie manner prescribed by Seiler, ft. remedy hereby provided shall be the exclusive and sote remedy of Buyer In no event shall either party be liable tor <>p&c iai. indiriact or .-tonssquanfial damages. whether or not causeri by or resulting from the negligence of such party. **. 3 ante ihat the use or sate of the products delivered ftffe under wii! not infringe the claims of any United .States pate*~i cover k-iy the products themselves; but doss no; warrant agalftst irtfrir.cjnmnnt by mason of the use thereof in combination W:*r other ctx (duefet or in the operation of any process. 4. Refer euraeK -r-.s- te! products delivered hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended. 8. If any Government action should place or continue limita tions on the price provided for in this agreement siiph thaflt would be illegal or against public or Government policy for Seller' to charge, assess or receive the full 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 dedhri ftette essaryto comply with such Government action, (2) to revise this ' 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 portions of the agreement without liability far any damages. 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 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 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 contrary to recommendations given by DuPont or prohibited by law, but will be sold or given as samples only to persons who, irs, the opinion of Buyer, can handle, use and dispose of the pro- ' 11. The uyer shall reimburse the Seller for all taxes, (exefud- / ing income taxes) excises or other charges which the Seller may be required topay to any Government (National, State or Local) upon the sale, production or transportation of the products sold hereunder. \ L,;. .. 5. No liability snali result from delay in performance or nonper 12. In the event Buyer fails to fulfill Seller's terms of payment, or in case Seller shall have any doubt at anytime as to Buyer's formance, directly or indirectly caused by circumstances beyond financial responsibility, Sell&rmay decline to make further deliv the control of the party affected, including, but not limited to, Act. eries except upon receipt of cash or satisfactory security. of God, fire, explosion, hood, war, act of or authorized by any Government, accident, labor trouble or shortage, inability to .13. This agreement's not assignable or transferable by either obtain '.material, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, party,-in wheiie or in part, except with the prior written consent of the other party. but the agreement shall remain otherwise unaffected Seller shall have no obligation to purchase supplies of fhe 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 o p the front of this invoice or in the current price list for the products sold 6. If this agreement covers products that must necessarily be hereunder shall apply and are incorporated by reference herein. manufactured especially tor Buyer and is suspended or ter minated for any reason, Buyer will take delivery of and make paymept tor such! products as have been completed and such as are in procession the date, notice of suspension or termination is r^ceivedj|gi;|Selier; provided, that.it Buyer for any reason can not accept ddliyery of such products, it will make payment there for asthoughidelivery,had been made and Seller will store such products for'Buyer's account and at Buyer's expense. v ,'{ ;nr Anv.raasw'w; :nouK;;;m :y .;j iinvM d i-:> F-'vrCG MalfcUi'S 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 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 To the contrary as soon as practicable after ffiF.Airi* t"<f inis 11 V*.i i 1'i"! f'. j Cl; r YiTTr' : i':--. -,I' S. - Yl V * f'l 'rr'.v'i 1.(1 ^ kG-p>L^pp<y..{'In* 1053,: .Gv!r!*u**0 -jr p-^ ....... ,tjji|qrdutttsi.qr paynss-rd tneretcf ve "quA.-is'i: svyer s tied (j^rljnfifeiJe'it^Tiay distribute its .available supply among nny? '/* * assentfoltie tdrmsand conditions hereof. Waiver by either party as departments and divisions ofSelter,. . .Of any-default by the other hereunder shall not be doomed s nW&ififtmhaifcJflvpaiafytrideeoermn fair Aandri npracrttiirc.anl, wwiitthhOoliufJjfiajabtii^lttyyT, waiver by &jph party of any default by the other which may sB6rmanc& which may result therefrbphsr- ` thereafter occur,.. tsg&s&itXC* " v" ' DUP050038770