Document 91XM0X5mn54BLKY8q2G1DaD05

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) w ii.min g t o n n d el aw ar e ci9&is U.S.A. INVOICE NO. ... L.7-3 03233Q2 CUSTOMER ORDER NO. - '^TGL ^ OTlVTGL-662j;S^r:^y-: SOLD TO EL IASH & BROS 32/3/B SONATONG GAR DHAKA BANGLADESH SHIP TO EL IASH & BROS 32/3/B SONATONG GAR DHAKA BANGLADESH HU PONT ORDER NO. JBH M 30640 A00 SID NO. JBMM30640 f r e ig h t Te r ms VIA: PPD O/F TO CHITTAGONG SHIPPING TERMS CFR CHITTAGONG SHIP FROM t GULFPORT/EXPORT MS QU4MTITY UNIT PPODUCT AMD FESCK1PIILN UNI 1 FRILL 15000.00 KG 600 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 **LETTER OF CREDIT INFORMATION** L/C #: RFB/WES/92/41 ADVICE #: HA890990 AMT: 24000.00 EXPIRE DATE: 04/30/92 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION BANGLADESH. DIVERSION CONTRARY TO U S LAW IS PROHIBI TED. "MERCHANDISE 0 -US/ ORIGIN" CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.60000 PACE HO. I INVOICE DATE 03/20/92 PAYMENT TERMS SDLC-C ACCOUNT NO. X280100 DATE SHIPPED 03/20/92 SHIPPING WEIGHT 34990 AMOUMI 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. XDVPONT TRADEMARK TOTAL -: 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. 00413220 COO 965 00 0320 2 0 XBA A 99 X4 7L STANDARD CONDITIONS OF SALE -. .Setter warrants ini the products or materials (hereafter "pro* ducts") delivered hereunder meet Seller's standard specifica tions for the products or such other specifications as may have been expressly agreed to herein. SELLER MAKES NO WAR RANTIES OF MERCHANTABILITY CR FITNESS FOR A PAR TICULAR PURPOSE. OR ANY OTHER EXPRESS OR IMPLIED WARRANTY', EXCEPT AS PROVIDED IN CONDITIONS 3 AND 4 HEREIN. Buyer assumes all risk and liabhrty resulting from use of the products delivered hereunder, whotlier used singly or in combination with other products. S. 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 full amount of dr to: increase V such prices as determined by this agreement, then Ssiier shall have the option (1) to continue to perform under this agreement subject to such adjustments in prices that Seller may dedm hec-; 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 as to products delivered or for without liability for any damages. nondelivery <;f 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 am piaitned; and failure to give notice ot claim within ninety (90) days from date Of deliv ery, or the date fixed for delivery jin the case of nondelivery), shall constitute a waiver by Buyer of all claims in respect of such products. No charge or expanse incident to any claims will be 3. At Buyer's request, Seller may furnish such technical assistance and information as il 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. allowed unless approved by an authorized representative of Sauer. Products shail not be returned to Setter without Seiler's prior permission, and then only in the manner prescribed by Seller. The remedy hereby provided shall be the exclusive and sote remedy oi Buyer. In no event shall either party b liable for special. indirect or conusquentiai damages. whether or not caused by or resetting irom the negligence of such party. 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, it any. Buyer agrees that products sold . hereunder will not knowingly be resold or given in.sample form .to parsons using or proposing to use the products for purposes^ cohtfar'/to recommendations given by DuPont or prohibited by; 3. Seller warrants shat the use or saie cl the products delivered ; >;; hereunder win not infringe the claims of any United ..States law,%ut will be' sold dr given as samples only to persons who, opinion of Buyer, can handle, use and dispose of the pro- paten? cover ins; the products themseivds; but does not warrant TM"^r~^ against infi ingemani by reason of the use thereof in combination with other products or in the operation of any process. i.lv The Buyehishall reimburse the Seller for all taxes, (exetudingincome taxes) excises or other charges 'which the Seller may 4. Seiler r.srrar.b -r,si all products deiivgrod harounder were produced sn compliance with the requirements of the Fair Labor Standards Act ot 1S5S. as amended. be required to: pay to any Government (National, Stats or Local) upon the sale, production or transportation of the products sold ' hereunder.-;:.; 5. No liability snail resuit from delay in performance or nonper formance, directly cr indirectly caused by circumstances beyond t2. In the event Buyer fails to tulfill Seiler'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 the control of the party affected, including, but not limited to. Act. eries except; upon receipt-pf cash or .satisfactory security. 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 bo eliminated from the agreement without liability, 13. This, agreement is not assignable or transferable by either party,'in w'fioiai or in part, except with the prior written consent of the other party; but the agreement shall remain otherwise unaffected. Seiler shall have no obligation tc purchase supplies of the products specified herein to enable if 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 tor the products sold 6. If this,agreement covers products that must necessarily be hereunder shall apply and are incor porated by reference herein. manufactured especially for Buyer and is suspended or ter minated for any reason. Buyer will take delivery of and m^ke payment for siicb products as have been completed and such as are in process son the date, notice of suspension or termination is received Jjy.-Selierj; provided, tbatif Buyer for any reason can- IcteTjyery/jof such products, it will make payment therer asThoughfdeljvery had been made and Seller will store such ` t'ftjr Btiyar's account and at Buyer's expense. .r-f-'-iFv:;'." * 15. This document, along with documents specifically referred to herein, contains all of tha 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 bo binding on either party unless in writing and signed by both parties. No modtlication shall be effected by the acknowledgement or acceptance of purchase order forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the conlrary as soon as practicable after v i; for nnv.reason x.c,i;diuci iruu iinhifiii io Force Maieurs rncnlnl ;;t shir; .,-7.;;:r'.\. ' - - :, .v-; , . t,c;jo,r,,is jjn.aa!e.',c^;i{pp:y :ns tores eetnarsa r.x prouuci> ay distribute its available supply among any r f|f|a5 departments and divisions.palter,;; deem fair and practical, 'withPvr]^^yf which may result therefrdln^'' Ss|p; Ilte products Or pay.'.-....: tsrorotcr crc-a; oe squr-. iti-j ii. to s " assehtid the terms and conditions hereof. Waiver by either party ,bf any default by the other heraundor shall not be deemed a waiver by siich party of any default by the other which may .thereafter occur. J iU.ti'. :.`WiTA* DUP050038919