Document B8Bb2kYE5QLE9E2dD8JpYJvk4

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON# DELAWARE 19898 U.S.A. INVOICE NO. LZ 5_Q.Z3 QJ> 25. CUSTOMER ORDER NO. INDENT 4371 SOLD TO AARBEE PIPES & PROFILES P LTD JAIN COMPLEX NH3 BOMBAY AGRA RD SENDHWA (M P) 415666 INDIA SHIP TO AARBEE PIPES & PROFILES P LTD JAIN COMPLEX NH3 BOMBAY AGRA RD SENDHWA CM P) 415666 INDIA DU PONT ORDER NO. JBM M 32512 A00 SID NO. JBMM32512 FREIGHT TERMS VIA: OFP TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS QUANTITY UNIT' FPCDULT MNf DCSCIIFTICN UNIT PRICE 7000.00 KG 280 BAG 25 KG NET 2889 "TI-PURE" RUTILE R103 W07 "THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE DI STINA1 ION INDIA. DIVERSION CONTRARY TO S LAW IS PROHI BITED. "MERCHANDISE 0 F U S ORIGIN" INSURE ALL RTS ICS WHS B/WHSE "F1 LEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.65000 PAGE NO. 1 INVOICE DATE 07/22/92 PAYMENT TERMS SDDP ACCOUNT NO. X0 11210 DATE SHIPPED 07/22/92 SHIPPING WEIGHT 16382 AMOUNT 11550.00 Buyer's acceptance of tha goods cowered by this invoice shall constitute acceptance by the buyer of ail terns and conditions of sale stated above and on the reverse sida thereof. KDUPONT TRADEMARK TOTAL 11550.00 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. 00422001 COO 809 00 0723 XBA 99 X4 7L STANDARD CONDITIONS OF SALE 'ts*crt I Seiter -warrants that the .products Or materials (hereafter "pro ducts") delivered hereunder meet .Seller's standard 'specifica tions-tor .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 WARRANTY, e x c e p t a s p r o v id e d IN CONDITIONS 3 AND 4 HEREIN. Buyer assumes all risk and liability resulting from use of she products delivered hereunder, whether used singly or in combination with other products. 2. No claim of any kind, whether sis to products delivered nr for 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 date of deliv ery, or the date fixed for delivery fin 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 allowed ontose approved by an authorized representative of Seller, products shall not be returned to Seller without Seller's prior permission, and then'only in the manner prescribed by Sellar... The remedy hereby provided shall be tire exclusive and sole remedy cf Buyer.. In no event shall either party be liable for special, indirect or consequential damages, 'whether or not caused by or resulting from the negligence of such party. 3. Seller warrants that .the use or sate of the products delivered hereunder will not infringe the claims or any United . States patent cever.ing the products themselves; -but doeshot Warrant' against infringement by reason ol the use thereof in combination with other products or in the reparation of any process. 4. Seller warraass that all products defh-gred -hereunder were produced in compliance with the reqjurensent&.of the Fair Labor Standards Act of 1938, as amended. 8. If any Government action should place of continue limita- ' tions on the price provided for in this; agreement- such:th^| it" ' ' would be illegal or against public or Government policy for Se fief - to charge, assess or receive the fuII amount of or to increase such prices as detemrifried by this ggreement.Theh Seller sbfBjt}* have the option (1) to continue to perform under this agreemerit* 1- subject to such adjustments in pricesdhat Seller may dedfrt tiec-\ ' ' essary to comply with such Government action, (2) to revise this''"' r agreement, subject to Buyer's approval, in order to most nearly ` , accomplish the original intent o? this agreement, or (3) to ter- ; / * minate performance of the affected portions of the agreement -without liability for any damages. . '-'W* 9. At Buyer's request, Seller may furnish:. Such technical asSistanee and information as it has available with respect to the use ot the products covered by this agreement. Unless other wise agreed in writing, all such technical assistance and irifor-Y' mation will be provided gratis, and Buyer assumes isoie ' 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 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 - i >-;'Y ; ifeptrary to recommendations given by DuPont or grbftijSited by! law, but wil| be sold or given as samples only to perfens who, in the opinion of Buyer, can handle, use and dispose of the pro ducts, safely................................. ........... ........ : ... __ Ml " .'' % ,1 Wu. Tjje reimburse the-'Seifer for all taxes, (exclud ing income taxes) excises'or other charges which the Seller may be required to payto any Government (National, State or Local) upon the sale, production or transportation ot the products sold hereunder, ,5. No liability shall result from defay in performance or nonper formance, directly or indirectly caused by Circumstances beyond 12. In the event Buyer fail's 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 the .control of the pany affected, including, but. not limited to, Act; eries except upon 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'fe not assignable or transferable by either ;Obtain material, equipment or transportation. Quantities so party,; in wh'cfe.or in part, except with the prior written consent affectedmay be eliminaled from the agreement without liability, of 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 ii to perform this agreement. 14. In addition to the Standard Conditions of Sale set forth herein, arty Special Conditions of Saie.set forth on the front of this invoice or in the current price fist 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 for Buyer and is suspended or ter minated for any reason. Buyer will take delivery of and mate payment for sych products as have been completed and such as are in process* on the date notice of suspension or termination is received^yr$e!ler,`prpyided, that?if Buyer tor any reason can not accept delivery of sufch products, if wilt make payment there for aS though.'delivery had been made and Seiler will 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 arid 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 older forms stipulating different conditions. Unless Buyer shall ? it- for anvuraashn mcfwdinu t nut i'aniSsd io '^v x'o u tvktivuti notify Seller in writing to the contrary as soon as practicable after meni,-,i r,t this .-.v :t ,i';r:r;ursr;c;- or ..... ..un<toie,iQ.fpuppjy sic iota: aemanci ipr prcuucts .....tne products c: .payment .::c.-.c:ci snu.' - ,- . ucu.m to tappet s fted-hereln, Safer may-distribute its available supply among any assent tothe terms and conditions hereof. Waiver by either party or'alLpurcbaserq^jK tell as: departments and divisions Of Seller, .of any default by the other hereunder shall not be deemed a . od'spcmb^rf^a^ it'may'dQern fair and practical^withou^l|^y! .. -.waiver by such party of any default by the other which may .is w za *. r which may result therefrom.1^'' > thereafter occur._ ' 'M DUP050039674