Document GKKEm007DV8jJDddE5NzKbm9n

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS,. , WILMINGTON. DELAWARE 19898 U.S.A. CUSTOMER ORDER MO. ___ INDENT, CAL/58.A SOLD TO INDMAG LTD 1-1 PALACE RD BANGALORE 560 001 INDIA DU PONT ORDER NO. JBM M 29821 V00 INV REF NO. L73Q220059 INVOICE NO. L75 0220954 SHIP TO COMMISSION ACCOUNT EXPORT TO INDIA QL'ANl ITY LNIT FREIGHT TERMS VIA: PPD O/F TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS PROUJCT AND DESCRIPTION UNIT PRILL _'J 'rwi (- jlfipi i.pitjitliji i UNIT PRICE VALUE - CMSM RATE 16302.00 3 2.0000% TO ALLOW COMMISSION ON INVOICE NO, L730220059 INVOICE DATE 920129 TO INTERNATIONAL LINKERS PVT LTD 0.02000 PAGE NO. 1 INVOICE DATE 02/10/92 PAYMENT TERMS ACCOUNT NO. X43865I DATE SHIPPED 01/24/92 SHIPPING WEIGHT AMUUHI -438.00 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 bn the reverse side thereof* XDUPONT TRADEMARK TOTAL iISp -438.00 00401649 COO 809 00 0210 2 0 XBA F 01 99 X4 7L N36255 STANDARD CONDITIONS OF SALE 1 Se'fe: i ants i>?3`; she products Or materials {hereafter "pro ducts"} delivered hereunder meet Seller's standard specifica tions for the products pr 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 OB IMPLIED WARRANTY, EXCEPT AS PROVIDED IN CONDITIONS 3 AND .4 HEREIN. Buyer assumes ail risk and liability resulting from use OF the products delivered hereunder, whether used singly or in combination with other products. 2. No claim of arty kind, whether as to products delivered or for nondelivery of products, and whether or net ..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 (30) days from date of deliv ery, or the .date fixed for deliver/ [in 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 unless 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 Seller. The remedy hereby provided shall be the exclusive and sole remedy of Buyer, In no event shall either party.be liable tor special, indirect or consequential damages, whether or not caused by c-r 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 covering the products themselves: but does not warrant"' against infringement .by reason of the use thereof in combination with other products or in the operation of any process. 4. Seller -warrants dint all products delivered hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended-. 5. No liability shall result from delay in performance or nonper formance, directly .or 'indirectly caused try circumstances beyond the control of the party affected, including, but not limited to. Act gf God, fire, explosion, flood, war, act of or authorised by any . Government, accident, labor trouble or shortage, inability to Vpbtdin. material, equipment or transportation. Quantities' so affected may be eliminated horn the agreement -without liability, but thp agreement .shall remain otherwise unaffected- Seiler shay .have no obligation to purchase supplies of the products specified herein to enable it 'to perform this agreement 6. If this agreement covers products that must necessarily be manufactured especially for Buyer and is suspended or ter minated for'any. reason. Buyer will lake delivery of and make payment forspc.1},products as have been completed and such as are in procession the date notice of suspension or termination is received by1'Seller; provided, thaLif Buyer for any reason-cannot accept delivery of subh products, it will make payment therefpr as though.dellvery had been made and' Seller will store such products tor Buyer'siaccount and at Buyer's expense. it- for anv.reason ' J.ii i5 l !-.Vi iL -..coab.ie,.io.fpyp,p.iy pis total cemar.u u procuvu* np*L.r . fled herein, Seller may distribute its available supply among any .8. If any Government action should place or continue limits ' ttons on the price provided for in this agreement such that V would be illegal Or against public or Government policy for Seller' > to charge, assess or receive the full amount df-or to increase,1, 'w' . such prices as determfbed by this agreement.Theo Seller ,sfiijff have the option (1) to continue to perform udder $is agreement1 'viJW-ii subject to such adjustments in prices'that Seller may death 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 terinitiate performance of the affected portions of the agreement 4 without liability for any damages. . 9. At Buyer's request, Seller may furnish such technical : assistance and information as it has available with respect to the l use of the products covered by this agreement. Unless other wise agreed in writing, all such technical assistance and info,t- rT, motion will be provided gratis, and . Buyer assumes sole y responsibility for results obtained in reliance thereon. 10. Buyer acknowledges that ft 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'1 ,, 'law, but will be soW dr given as samples only to persons who, iq the opinion of Buyer, can handle, use and dispose of the pro- jj ..ducts-safdly,.... ............ ... ......... ,,,v ............ . ......... 11. , Th,e Buyer shall reimburse the Seiler for all taxes, (exclud ing incomp faxes) excises or other charges which the Seiler may be required to pay to ariy Gover nment (National, State or Local) upon the sale, production or transportation of the products sold hereunder. " v , .V' '-ik- 12. in the event Buyer fails 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 eries except upon receipt df cash or,satisfactory security. 13. "This agreement'te not assignable of transferable by either party, in whole or in part, except .with the prior written consent Ot the other party. V - J.yt 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Saie.set forth on the front of this invoice or in the current price fist for the products sold hereunder shaH apply and are incorporated by reference herein. 15. This document, along with documents specifically referred . to herein, contains all of the terms and conditions with respect to the safe and 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 order forms stipulating different conditions. Unless Buyer .shall notify .Seller in writing to the contrary as.stoon as practicable after rAr.Air.t rA mis ri tw U;\-j c -; )-v'h v;-.t . me predueib vt paymoiv. ;nys^cr ^ ly ~ ' assent tdthe,terms and conditions hereof. Waiver by either party ,pf any default by the other hereunder shall not be deemed a JRgtivef by buck party of any .default by the other which may `-"thereafter occur. DUP050039112