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.DOCUMENTS TO BORDER BROKER
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N36660
ORIGINAL
E. I. I)U PONT DE NEMOURS & CO. (INC.)
DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A.
INVOICE NO. L75 0220755
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
DU PONT ORDER NO.
JBM M 29765 A00
SID NO. JBMM29765
FREIGHT TERHS
VIA: PPD 0/F TO AUKLAND
SHIPPING TERMS
DES AUCKLAND SHIP FROM: GULFPORT/EXPORT MS
CJANlirY
uni r
TPCDUL.T ANI OESCFIFT1CN
UNIT TRICE
45000.00
KG 1800 BAG 25 KG NET 2817
"TI-PURE" RUTILE R101
-THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES
FOR ULTIMATE D ESTINA1 ION NEW ZEALAND. DIVERSION
CONTRARY TO U S LAW 3 S PROHIBITED.
"MERCHANDISE 0 F U S / ORIGIN"
ALL BILLS NOT PAID 22 5 DAYS FROM INVOICE DATE SUBJECT
TO INTEREST AT 8% P./ .
INSURE WHSE/WH SE
CERTIFIED TRUE AND CC RRECT.
E.I.DU PONT DE NEMOUF S AND CO
1.30000
PAGE NO.
I
INVOICE DATE
02/19/92
PAYMENT TERMS
N 60
ACCOUNT NO.
X006350
DATE SHIPPED
02/iA/92
SHIPPING WEIGHT
104970
AMOUNT
58500.00
Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all te.rros and conditions pf sale stated above and on the reverse side thereof. *DUPOT TRADEMARK
58500.00
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 QUR EXPENSE TO CHASE MANHATTAN BANK, HEW YORK', NY U.S.A. J 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
J61
860
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N36660.01
DUP050040018
STANDARD CONDITIONS OF SALE
'":y` foe cxfoufo;. >' materials (hereafter "produois"; d3iivf>:cd hs-aunc;.;' nest Ssiisr's standard specificstfons lor ioe- products c m sir.h other specifications as may have been expressly agreed to heroin; SELLER MAKES NO WARRANTIES OF MERCHANTASH. ITY OR FITNESS FOR A PAR 'S iOALAR PURPOSE. OR ANY OTHER ExYT:ESS OR ;?d"L.iED 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 1 I iriL:N Duyfu assumes all ri".k liabsAfy reaustv'ig from use 0: th p'</Li::ts delivered hereunder. w`':aOf a-.i-ci ufoiVy in ccn&ifrftiw vYui -waer products.
2 No COrn O any kind, whether as to products deifoemd or for norutelc'C"/ rr products, ?.nd whether o? not based on negli gence. sibe ornate* in amount than the, purchase price ov the products in ;nsr;-ect of v-.-lucti cfornagns .-* claimed: and failure to give- notice cl cimn within ninety (30) days from aaia of deliv ery, or foe c'Ts *ixsd for delivery fin th-e case of nondelivery), shall cor-sfiiiui -' a waiver by Buyer of ail c burns in respect Of such products.. No charge o> expense inode fo- any claims will be foirjv.'fo uni.-ny ropivvod by an atiffiortes'd rsorassmtalive ol Sell , r`io--:kshall not be returned to Setter without Seller 's prior {!& ' * *>'. ; `ivn on:y in the manner prescribed by Sellet. Tt.ii i'rwr-.edy hereby provided shall be the exclusive and cc'e :nnrie-dy of 8uyv In nc %vnt shall either par`y bo liable for spofofo -r-rffo'-ct or 'or-Mfiguanffoi damages, whether or not cause*.! ny or ;-su-;-ang bom ihg negligence of such party.
? G*fo- ' rr-jnts Yuri foe or cate of the products delivered
hprouia.-f/ foil noi infringe: foe claims of any United States
pTyub
op tea rvie-foicts. fofonioivtfo, but dose not warrant"
against up i.u:1 envoi f,y re aeon oi the use thereof in combination
Wf trfo.ur UIr.i:! cr in ifo- c-pcs even Of any process.
*; Keis " r ;s'-;fo wo:lutbs tifoi'-xpod ivfoeuader wye produced fo orvfofe: ,ce wish She requirements of the Fair Labor
Standard;; A<.:. ;:-i fofoii. as Amended.
5. No iiahititv s.'iai; issuh from delay m performance or nonper
formance, directly or .ndc-umy caused by circumstances beyond
the control of the pany affected, including, but not limited to. Act.
ol God, fire, explosion flood, war, aci of or author feed by any
Government, 'accident, labor trouble or shortage, inability to obtain material, equipment or transportation. Ouartities so
affected may be- eliminated from iha agreement without liability,
but the agreer.'ioiit shall romain otherwise unaffected Seller
shall have no obligation 1c pcfcha-:* supplies of the products
specified
:c enarie is -r gcsf'brrn iLs ^g.-eftosenL
6. If this.agreemeat covers; products that nusf necessarily be
manufactured especially for Buyer anti is susponriod or ter minated for any. reason. Buyer wili take rjglivery of and m^ke
paymerti lor siich products as have Dean compteisd and such as are in procession trie date notice of su-spension or termination is received.by Seller; provided, that if Buyer for any reason can not accept delivery of such products, it w. make payment therefor as;.though'tiefjvery..had been mads and Seller will store such
products, for Buyer's account and at Buyer's expanse.
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fiadiharein, Seller-may distribute its available supply among any
or at) purchasers, ^s-well as .departments' and divisions of Gelter,
jqn'sucfi.basis as itmay deem fair and practical, witboutiliattllfty
' ffpr.gftyTsutdfe ^g&rformance which may resuftTherefrdfo^,
8: If ar.y Governmenf action should place cr continue limita tions on the price provided for in this agreement such that it wouid be illegal or against public or Government policy for SeHef to charge, assess or receive the full amount of or to increase such prices as datermitted by this agreement, then Setter shall-' have the option (1) to continue to perform under this agreement subject to such adjustments in prices that Seller may deem nec essary to comply with such Govm-omorjr achnn, (2) to revise this agreement, subject to Buyer's approval, in order to most nearly accomplish the enigma! intent of this agreement, or |3) to ter minate performance of the affected portions of the agreement without liability for any d-image*.
9. At ttuye.-'s request. Seller may furnish such technical assistance and information as ii has available .with respect to the use of the products covered by this agreement. Unless other wise agtee-d in writing, all such technical assistance and infor mation will be provided gratis, arid Boyer assumes sole responsibility for results obtained in reliance thereon.
10. Buyer acknowledges that it has received and is familiar vrii.fi
Seller's labeling and literature concerning the products solo'
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 lor purposes
coritrary to recommendations given by DuPont or prohibited by}
law, but will be sold or given as samples only to persons who,
In the opinion of Buyer, can handle, use and dispose,of the pro-
ducts-satefy.............................
. , .......................... .......
i t,; The Buyer shall reimburse theSelfor for aii taxes, (exclud ing income taxes) excises or other charges which the Seiler may
be required to pay to any Government {National, Sl.-to or Loca') upon the sale, production or transportation of the products sold hereunder.
12. In the event Buyer fails to fulfill 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 eries except upon receipt of cash or satisfactory security.
'
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13. This agreement-ia not assignable or transferable by either
party, in whdie or in part, except with the prior written consent
of the other party.
14. !rs addition to the Stancerd Conditions of Safe set forth nerein, any Special CcndHions of Sale^set forth on the front of this invoice or in the current price list for the products sold hereunder shall apply and are incorporate! by reference herein
15. This document, along with documents specifically referred
to herein, contains all of iha term;: and conditions v/ifh respect
td the sale and purchase of the products said hereunder. These
terms and conditions supersede any of previous dale and no
modification (hereof sitail 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 |f&contrary as soon as practicable after
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assent to the 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
lliereafier occur,
DUP050040019