Document LpXV6pbL2ra3OpJo6VBMLEnL3

COPY E. I. DU PONT DE NEMOURS & CO, (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO, _ _LZ3 JQ.425J.6J. CUSTOMER ORDER NO.__________________ , SOLD TO R P SHAH & SONS CHEMICALS & ALKALI INDUS WHSE COOP SOCIETY LTD TTC INDUS AREA BEHIND UNION CAR TURBHE DIST THANE BOMBAY INDIA PONT ORDER NO. 31565 AO0 SID NO. JBMM31565 FREIGHT TERMS SHIP TO R P SHAH & SONS CHEMICALS & ALKALI INDUS WHSE COOP SOCIETY LTD TTC INDUS AREA BEHIND UNION CAR TURBHE DIST THANE BOMBAY INDIA VIA: PPD OCEAN FREIGHT TO BOMBAY SHIPPING TERNS CIF BOMBAY SHIP FROM: GULFPO RT/EXPORT MS qUANTITY UNIT PKOOUCI AND ULSLKIHION UNIT PRICE PAGE NO. 1A INVOICE DATE 04/27/92 PAYMENT TERMS SDDP ACCOUNT NO. X757890 DATE SHIPPED 04/27/92 SHIPPING WEIGHT 23260 ' AMOUNT 10000.00 KG 400 BAG 25 KG NET 2889 "TI-PURE" RUTILE R103 W07 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION INDIA. DIVERSION CONTRARY TO U.S. LAW IS PR 3HIBITE D. "MERCHANDISE 0 = u s / ORIGIN" INSURE ALL RIS <S WHSE /WHSE CERTIFIED TRUE AND CE RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.60000 16000.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all terms and conditions or sale stated above and on the reverse side thereof *DUP0NT TRADEMARK ' m 'Hh:'' t o t a l mm . .- 16000.00 ; BUYER'S ACCEPTANCE OF GOODS COVERED BY THIS INVOICE CONSTITUTE ACCEPTANCE OF ALL TERNS 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. 00415493 COO 809 00 0428 2 XBA N36551 A 99 X4 7L STANDARD CONDITIONS OF SALE 1.. Setter w&wotethat 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 PARTICULAFt 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 she products delivered hereunder, whether used singly cr in combination with other products. 2. No claim di any'knd, 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 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 data fixed lor 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 tinia'a? approved by an authorized representative of Seller. Products shall not be returned to Seller without Sailer's prior permission, and then only in the manner proscribed by Seller. The remedy hereby provided shall toe the exclusive and sole remedy.of Buyer. In no event shall.either party be liable tor special, Indirect or consequential damaged.' whether or not caused by or resulting from the negligence of such party. 3. Seller warrants .that the use-or sals of the products .delivered'. hereunder will not infringe the claims of any United .States patent covering the prsducts themselves; but doss 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 that all products dsiivgred .hemyrtder were produced in compliance with the requirements of the Fair Labor Standards Act of 1S33, as amended. 5. No liability shall result from delay in performance or nonper formance, directly or Indirectly caused toy circumstances beyond the .control oUtoe party affected, including, but not limited to, Act. of God, firs, explosion, flood, war, act ot or authorized by any ..Government, accident, labor trouble or shortage, inability to :obtain material, equipment or transportation. Quantities so affected may; fee eliminated from trie 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 it to perform this 'agreement 6. If this; agreement covers products that must necessarily be manufactured especially lor Buyer and is suspended or ter minated for any: reason, Buyer will take delivery of and m^ke payment tor sdchtproducts.as have been completed and such as are in procesS-ton the date notice of suspension or termination is received^^Selleir; provided, that# Buyer for any reason can notaccept 4&tiyery Of suth products, it will make payment there for as though.tielivery had been made and Seller will store such products Tor Buyer's*account and at Buyer's expense, 7 it- for arw feasori.ipefrteiisus tour n-Y ifossied io'Force* tviaiuuus #te fo'foi oesnanu fo' prucu-i* - fedtoerein, Seller may d'stnbute its available supply among any or'all purchasprs,js Nell as departments and divisions of Se.llpr,, 8. If any Government action should place or continue limits* lions on the price provided for in this agreement such that-it' * would be illegal or against public or Government policy for Seller - 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;a|jreemenV" A subject to such adjustments in prices'that Seller may dWm nec.-; essary to comply with such Government action, (2) to revise this'"1 agreement, subject to Buyer's approval, in order to, most nearly accomplish the original intent of this agreement, or (3) tb ter minate performance of the affected portions ol the agreement 5&S : C-t 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 use of the products covered by this agreement, Unless other- - wise agreed in writing, all such technical assistance and. infer- to; mation will be provided gratis, and Buyer assumes sole ' responsibility for results obtained in reliance thereon. '. 10, Buyer acknowledges that H 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 J" * / cs^trary to recommendations given by DuPont or qmbifiited by; X` 3 'law, btrt Will be sold dr given as samples only to persons who, in.foe opinion of Buyer, can handle, use and dispose of the pro- .-ducts..safely,.... '.;................ ....... . .... . ......... M 1t;.The.BdyeV;.shal! reimburse the*Seiler for all taxes, (exclud ing income faxes) excises of other charges which the Seller may be required to pay to Any Government (National, Stats or Local) upon the sale, production or transportation of the products sold hereunder.*- 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 dactine to make further deliv eries excepi-upon* receipt pf.cash or .satisfactory security. 13.* This agreement- U not assignable or transferable by either party, in whqie, or in part, except .with the prior written consent of the other party. --.* 14. In addition to the Standard Conditions of Sate set forth herein, any Special Conditions of Sale,set forth on the front of this invoice or in the current price fist tor the products sold hereunder 9hall 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 Seiler in writing to tit contrary as soon as practicable after tf'.s products pr payment uiovcrc; cush c'a squiva-.jm. to - b `assent tothe terms and conditions hereof. Waiver by either party .of any default by the other hereunder shall not be deemed a .-.yvaiver by Such party of any default by the other which may ' thereafter occur, _ ; fast??;*' . DUP050039754