Document Ne9VBObDDxdbnk4zqq3oXMzYR

COPY E. 1. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. .1173 042446.1 CUSTOMER ORDER NO. STL/219-91 SOLD TO SONI CHEMICALS SHRI NIKETAN RAMDASPETH NAGPUR 400 010 1 INDIA BU PONT ORDER NO. J8M M 30984 A00 SID NO. JBMM30 984 FREIGHT TERMS SHIP TO SON! CHEMICALS SHRI NIKETAN RAMDASPETH NAGPUR 400 010 INDIA QUANTITY UNIT- VIA: OFP TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP PROM: GULFPORT/EXPORT MS PRODUCT AND DESCRIPTION UNIT PRICE PAGE NO. 1 INVOICE DATE 04/13/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X785445 DATE SHIPPED 04/13/92 SHIPPING HEIGHT 23260 r AMOUNT 10000.00 KG 400 BAG 25 KG NET 2837 "TI-PURE" RUTILE R931 W01 KXLETTER OF CREDIT INFORMATION** L/C #: RMD/92/01 ADVICE #: DTE-92-01062 AMT: 16250.00 EXPIRE DATE: 04/16/92 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION INDIA. DIVERSION CONTRARY TO U S LAW IS PROHI BITED. "MERCHANDISE 0 F U S t ORIGIN" INSURE ALL RIS KS WHSE /WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND Ct RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.62500 16250.00 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, KDUPONT TRADEMARK t o t al 16250.00 BUYER'S ACCEPTANCE CF 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 YORKV 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. 00412027 COO 809 00 0414 2 0 XBA A 99 X4 7L _____-ii- STANDARD CONDITIONS OF SALE 1. Seller warr 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 cm 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. No claim ol 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' price ot the products in respect of which damages are claimed; and failure to give notice ol claim within ninety (90) days from date Of deliv ery, dr the date fixed for delivery (in the case of nondelivery), shall constitute s 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 Seiler. 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 for special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party. 3. Seiler warrants that the use or sals of the products delivered hereunder will not infringe the claims of any United ,,State$ patent covering the products themselves; but does not V^rt'aftT' against infringement by reason of the .use thereof in combination with other products or in the operation of any process. 4. Seder warrants that all products delivered hereunder ware produced in compliance with Jhe requirements of the Fair Labor Standards Act of X33S, as amended. 8. If any Government action should place or continue limita tions on the price provided for in this agreement suqh th^ttf. Awould be illegal or against public or Government policy for'Seljer- V'h to charge, assess or receive the full amount of or to increase.,', such prices as determined by this agreement, then Seller site'll* have the option (1) to continue to perform under this agreement' subject to such adjustments in pricesdhat Seller may dedm tlpc;. -,Y,I f-r. essary to comply with such Government action, (2) to revise thus*' agreement, subject to Buyer's approval, in order to most nearly ` accomplish the original intent of this agreement, or (3) to ter . minate performance of the affected portions of the agreement without liability for any damages. Y 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. Uniess othef- . wise agreed in writing, all such technical assistance and. irtfor- j- (nation will be provided gratis, and-Buyer .assumes sbie T. respohsibifity 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 to its employees whp handle, process or sell such products and customers of such products, if any. Buyer agrees that products sold ' V\ . hereundbr .wi)! not knowingly be resold or given in. sample form , . to persons..using or proposing to use the products for purposes^"" _ coitfrap/ t^ fecbrrirnendations given by DuPont or prohibited by" 'J.y law, "but will be so)d or given as .samples only to perspns who, *; iqthe opinion of ,Buyer, can handle, use,and dispose of the pro- J: IT Y ' ; v- . '"** ** 11.. The Buyer-shall reimburse the Seller for ail taxes, (exclud ing income taxes) excises or other charges which the Seller may be requireS tdp'ayltonny Governmerit (National, State or Local) upon thp sale, production or transportation ot Jhe products sold ' hereurjd.er.'" - Y YYY Y' H.:. 5. No liability shall result 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; qf God, fire, explosion, flood, vvar, act of or authorized by any Government, accident, labor trouble or shortage, inability to .pbtaiq 'material, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, but fhb agreement shall remain otherwise unaffected. Seiler 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 for Buyer and is suspended or ter minated for any reason. Buyer will take delivery of and m^ke payment for such products as have been completed and such as are in process pn the date notice of suspension or termination is received,Jay:Selterfprovided, that.if Buyer tor any reason can not.`afcbeptdersyery products, it wilt make payment there for as tbough-'tietjvery had been made and Seller will store such products for Buyer's account and at Buyer's expense, ' :V"- 7 ;r tor SOV.reason sfwdlidina bui iv,i lirnkmi fo Tprou -Maieute .... cfouqipts uqaDie.\OjS|jppiy .me to;u: sen tana for pruuucis pr - tied-herein)felle'rtpay distribute its Available supply among any pr'aj^g5bb^er|ift3ia%ll as departments and divisions of Seller, o"'ipciibqiS:aSdiway deem fair and practical, wrthoutji^lpty rmance which:may result there 12. In the event Buyer faifs to fulfill Setter's'terms of payment, or in case Seller shall have any doubt at any time as to Buyer's financial responsibility; Setter may decline to make further deliv eries exe|tp|-uppn receipt 'of cash or.satisfactory security. dg.' This agreement^ not assignable of transferable by either party, in whole or in part, except, with the prior written consent of the other party,; . ; 14. In addition to the Standard Conditions of Sale set forth herein, any Special Condi) ions of Sale,set forth on the front of this invoice or in the current price list for the products sold hereundershall 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 th sate 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 O.tder forms stipulating diftererrt conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after rami's* r.t this rlrv.iimar.r Fi(:n., A v j :,, Ui8 products or paymt-.a tiier-esu! u;*.;;c uo ;qu:`> r-:;-. c rvy-.-i s assent to the terms and conditions hereof. Waiverby either party Of any default by the other hereunder shall not be deemed a .Waiver by bitch party of any default by the other which .may thereafter occur. * i: > ::.. s i- fr-saMSfcs}** -A DUP050039703