Document LKKY0bQ5yaY38XVwoo1jarGbQ

COPY E. I. DU PONT BE NEMOURS & CO. ' ) CUSTOMER ORDER HO. -.pTOiiimrtmm SOLD TO THE GUIDERS LIMITED P 0 BOX 3879 2/2, R K MISSION ROAD DHAKA -3- BANGLADESH (GROUND FLOOR) DU POMT ORDER NO. JBM M 32740 V00 INV REF NO. L730730989 INVOICE NO. L73 0831594 SHIP TO COMMISSION ACCOUNT BANGLADESH QUANTITY UNIT VIA? FREIGHT TERMS PPD OCEAN FREIGHT SHIPPING TERMS DES CHITTAGONG SHIP FROM; GULFPORT/EXPORT MS PRODUCT AND DESCRIPTION UNIT PRICE RATE ` WT IN LB/KG 698.81 3 6.000 0% TO ALLOW COMMISSION ON INVOICE NO. L730730989 INVOICE DATE 920804 TO ROXY PAINT & VARNISH IND LTD 0.06000 PAGE NO. 1 INVOICE GATE 08/04/92 PAYMENT TERMS ACCOUNT NO. X392311 DATE SHIPPED 08/04/92 SHIPPING WEIGHT AMOUNT -900.00 Buyer's acceptance of tha goads covered . 31/ this invoice shall constitute acceptance by tha buyer of all terns and conditions of sale stated above and on the reverse side thereof. *DUP0NT TRADEMARK TOTAL::: -900.00 00083762 COO 965 00 0805 2 0 XBA F 01 99 X4 7L STANDARD CONDITIONS OF SALE 1. warrants fnat 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 liability resulting from use of the products delivered hereunder, 'whether used singly or in combination with other products, 2, Mo claim of any kind, whether as to products delivered or tor nondelivery of products, and whether or not based on negli gence , shall be greater in amount than the p urchase 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 (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 Sellar. The remedy hereby provided shall be the exclusive and sole remedy of 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 sale of the products delivered hereunder will not .infringe the claims of any United; States patent covering the products themselves; but does not warrant" against infringement by reason of lha use thereof in combination with other products or In the operation of any process. 4, Seiler warrants that 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 resu lt from .delay in performance or nonper formance, .directly or indirectly caused by circumstances beyond the control of the party .affected, including, but not limited to. Act gf God, fire, explosion, flood, war, act .of or authorized by any Government, accident, labor trouble or shortage, inability to fobtain material, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, but the agreement shall remain otherwise unaffected Seller shall have no obligation to purchase supplies of the products specified herein to enable is 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 take delivery of and make paymepl tor stiph products as have been completed and such as are in proces&on the date notice of suspension or termination is rqceived^lil^lferrprdvided, that;if Buyer for any reason can not accept delivery of such products, it will make payment there for as though-delivery bad been made and Seller will store such products for ;B%ef% account and at Buyer's expense, ' ...* ' *. /jI;i-.., . - f iv -- ... ., .' / it- far ,r5.ri'/-ir iit ....bab^is..uoLtoto,t0-^>^P(y4ne iotas oemsoo iot proouci>-&*Mo;fiecfhereto, Seller may distribute its Available supply among any , or"a{j^pU!rC'haser|,i'gs XveH as departments and divisions Of Salter,. op,%SrcH't>SB3^a?r1lt''ma'y deem fair and practical, withdu^p^ljfy`Sfep^rformance which may result therefrom*' ms, - --ZPC- ....... 8, If any Government action should place or continue lirf%: tipns on the price provided for in this Agreement would be illegal or against public or Govertlrtent policy tor'Ssfjert' to charge , assess or receive the, full amount of'or to increase _ such prices as determined by this agreement/then Seller have the option (1) to continue to perform under this ajgtwrnetg^-^* subject to such adjustments in pricesrthat Seller may de^ftiSepI' \ essary to comply with such Government action, (2) to revise th'is^u.'V .? agreement, subject to Buyer's approval, in order fo most nearly ' accomplish the original intent of this agreement, or (3) to ter- v ` ruinate performance of the affected portions of the. agreement Without liability for any damages. . . ` '>f. 9. At Buyer's request, Seller may furnish'such technical assistance and information as it has available with respect to the ' r use of the products covered by this agreement. Unless' other wise agreed in writing, ail 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 lamiiiar 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 preducts sold hereunder will not knowingly be resold or given in, sample form v-~ .to persons using pr proposing to use the products for purposes/ '" contrary to fecornmendations given by DuPont or ryphpted by_~!" ^ law, but will be sold dr given as samples only to persons who,' -U ipthe opinion of Buyer, can handle, use and dispose of the pro- . ducts^afely- :.x--...... ...................*____ ____ ........ jjfo ... , - ' i t. . The Buyer; shall reimburse the Seiler for all taxes, (exclud- _) ' tog income taxes) excises of other charges which the Seller may be required to pay to iriy Government (National, State or Local) s' upon the sale, production or transportation of the products sold' * hereunder.a - v.; v: '0B 12. Ip the event Buyer fails to fulfill Seltef'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 deliveries except'upon receipt-of cash 6r,satisfactory security. ` k # ' 13. This agreement Is not assignable or transferable by either ' lg party) in whole., or to part, except .with the prior written consent * of the other party. 14. to 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 hereunder shall 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 sale 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 Older forms stipulating different conditions. Unless Buyer shall notify Seller in writing to die contrary as soon as practicable after . trie products or payment ;nureto: snat! cO equvaieni iu ppyc: i " assert tMhe,terms and conditions hereof. Waiver by either party ~.,pf any default by the other hereunder shall not be deemed a -Reiver by such party of any default by the other which may * iltpreaffer occur,, ' DUP050039045