Document J328Bx0zJQYLBaxy2ondZGjr6

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS , WILMINGTON* DELAWARE 19898 U.S.A. INVOICE NO, ,...,17.5. Q.628-3.4.9. CUSTOMER ORDER NO. TGL-017 SOLD TO CRECENT ENTERPRISE 5 CHAWK BAZAR DHAKA BANGLADESH SHIP TO CRECENT ENTERPRISE 5 CHAWK BAZAR DHAKA BANGLADESH DU PONT ORDER NO. JBM M 32167 A00 SID NO. JBMM32167 FREIGHT TERMS VIA: PPD O/F TO CHITTAGONG SHIPPING TERMS QUANTITY UNI 1 CFR CHITTAGONG SHIP FROM: GULFPORT/EXPORT MS FKLUULI ANL UtSLFIHiUN UNIT PRICE 15000.00 KG 600 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 W28 **LETTER OF CREDIT INFORMATION** L/C #: IMG/CASH/510/92 ADVICE *: 204837 AMT: 24000.00 EXPIRE DATE: 08/09/92 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION BANGLADESH. DIVERSION CONTRARY TO U S LAW IS p r o h ib : TED. "MERCHANDISE 0 F U S l ORIGIN" CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.60000 PAGE NO. 1 INVOICE DATE 06/22/92 PAYHENT TERMS SDLC-C ACCOUNT NO. X22S500 BATE SHIPPED 06/22/92 SHIPPING WEIGHT 34990 AMOUNT 24000.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all terms and conditions of sale stated above and on the reverse side thereof* XDUPONT 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. 00409440 COO 965 00 0623 2 0 XBA A 99 X4 7L STANDARD'CONDITIONS OF SALE 1. Selier war? ants that 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 OR 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 liabilityresuming from use of the products delivered hereunder, whether used singly or in combination with other products. 2. No Claim at .any kind, whether as .to products delivered or for nondelivery of products, and whether or not based on negli gence . shall be greater in amount than the purchase' pr ice of the products in respect ot 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 (in the case of nondelivery), Sbaili constitute a waiver by Buyer of all claims in respect of such products. No charge or expense incident tp any claims will be allowed unless approved by an authorized representative of Seller. Products shall not be returned to Seiler without Seller's prior permission, and 'hen .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 or resulting from the negligence of such party. .... * ' . -. .. rj -.`r: jV < ' 4ur.- 8, If any Government action should place or continue limits^' ' tions on the price provided for in this agreement suphThawl- / would be illegal or against public or Government policy tor Sepr' to charge, assess or receive the full amount of a to.inprea^ such prices as determffied by this agreement, then Seller hay the option (1) to continue to perform under this agreement1"-*? - subject to such adjustments in pricesdhat Seiler may dedfn tiec.f'1 "1 essary to comply with such Government action, (2) to revise th^ agreement, subject to Buyer's approval, in order to, most nearly , accomplish the orfgiha! intent of this agreement, or (3) to ter- * minate performance o( the affected portions of the agreement *^4 Without liability for any damages. . i. . . Ml 9, At Buyer's request, Seller may furnish, such technical assistance and information as it has available with respect to the - ' use of tha products covered by this agreement. Unless other- . wise agreed in writing, all such technical assistance and infermation 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 tb 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 -_ Tv 3. Seiler warrants that the use or sale of the products delivered r,.:. tawv;b:ut will be sold or given as samples only to persons who, hereunder will not infringe the claims of any United ^States patent covering the products themselves; but does not Warrant'*"' in the opinion of Buyer, can handle, use and dispose of the pro.duSts-safely-,-- ------------- ...,................ .,,............... against infringement by reason of the use fhereof in combination with oilier products or in the operation of any process, 11. The Buyer shall reimburse the Seller far all taxes, (exclud ing income taxes) excises or other charges which the Seliar may 4. Seiler warrants that ail producls .delivered hereunder were . produced in compliance with She requirements of the Fair Labor be required to payto ariy Government (National, Stats or Local) upon the sale, production or transportation of the products sold . hereunder.A - ., 'j Standards Act of 1938, as amended. 12. In the event Buyer fails to fulfill Seliei's terms of payment, 5. No liability shall result from delay in performance or nonper or in case Salter shall hava any doubt atany time as to Buyer's formance , directly or indirectly caused by circumstances beyond 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 of cash or satisfactory security. - qf God, fire, explosion, flood, war, act of or authorised by any , Government, accident, labor trouble or shortage, inability to 13. This agreement'id not assignable dr transferable by either , /gbtain material, equipment or transportation. Quantities'so partyyin whole, or in part, except with the prior written consent affected may be eliminated from the agreement without liability, of the other party;: but the agreement shall remain otherwise unaffected- Seller shalj have no obligation to purchase supplies of the 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 ol Sale,set forth on 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 for Buyer and is suspended or ter minated ior any reason. Buyer will take delivery of and ptqke payment for such products as have been .completed and such as 15. This document, along with documents specificaily referred to herein, contains all of the terms and conditions with respect to the sale and purchase of the products sold hereunder. These are in process-on the date notice of suspension or termination - terms and conditions supersede any of previous date and no is itqcaivedjjy eltef;1'provided, thaUf Buyer for any reason can- modification thereof shall be binding on either party unless in nofijfiCept dSjlvetyLf s&feb producls, it will make payment there writing and signed by both parties. No modification shall be for-as tboughTlelivery hed been made and Seller will store such effected by the acknowledgement or acceptance of purchase products for geyer's'account arid at Buyer's expense, Older forms stipulating different conditions. Unless Buyer shall ,, hr'-tv-.d-~ ; notify Seller in writing to the contrary as soon as practicable after '/ it. far anv.raason rnoliKiint; mu iu-,t timited .to Fttrcc Maieure rfir.ftin.t ni this rirwRi'/jr.^r,? r.v rivA irv* .ui.e ;ov.ai h is pruuup^-v products v: payrs.'eo: aaaiiiu -i fledher^n;:^0^^yfdjstribut+e/\ Iittsr Aksvircawilllaa KbIlae s*muirptrp\Uly> oam/nofifnlrgt a5Un1yV-.. .-.v-.assenttci'tMftoerrmmes and conditions Hhearreaonff. Waiver bKyir /etiiUthmerr npnawrtuy or*aii duriSb<tfr4iiiiSbli-aS departments and divisions of e,i.lerx:-. of arty default by the other hereunder shall not be deemed a ;5,wjtiver by siiph pafty of any default by the other which may sfdrraillflSe wbibh rriay- result therefrdchA?'' * fiipreaftbr occur,,/ ,-L ,-i'L ." . ' :v 7.%:. - DUP050039005