Document NeGBZVwxBa8QeD325DpekoKnR

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. L73 0831939 CUSTOMER ORDER NO. ___INDENT Bg/672_________________ SOLD TO N/S INCOWAX PVT LTD 47--D BOMMASANDRA INDUST AREA BANGALORE 562158 INDIA SHIP TO N/S INCOWAX PVT LTD 47--D BOMMASANDRA INDUST AREA BANGALORE 562158 INDIA QUANI11f UNIT DU PONT ORDER NO. JBM M 32872 A00 SID NOi JBMM32872 FREIGHT TERMS VIA* PPD OCEAN FREIGHT SHIPPING TERMS PAGE NO. I INVOICE DATE 08/19/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X4379QQ DATE SHIPPED 08/19X92 SHIPPING WEIGHT 9304 CIF MADRAS SHIP FROM* GULFPORT/EXPORT MS UNIT PRICE f w ... 4000.00 KG 160 BAG 25 KG NET 2832 "TI--PURE" RUTILE R900 W28 **LETTER OF CREDIT INFORMATION** L/C #* G/l302/925392 ADVICE #: NYX-8355 AMT* 6500.00 EXPIRE DATE* 10/15/92 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FDR ULTIMATE D ESTINA1 ION INDIA. DIVERSION CONTRARY TO U.S. LAW IS PR 3HIBITE . "MERCHANDISE 0 r U S / ORIGIN" INSURE ALL RIS <S WHSE /WHSE CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CD 1.62500 6500.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all teres and conditions of sale stated above and on the reverse side thereof. *DUPONT TRADEMARK t o t al " 6500.00 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 INCQTERMS-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 DR 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 8 CO. #910-1-484559. PLEASE MAKE CERTAIN YOU STATE YOUR COMPLETE COMPANY NAME, COUNTRY, AND THE INVOICE NUMBER BEING PAID. 00423352 COO 809 00 0820 2 0 XBA A 99 X4 7L N36601 STANDARD CONDITIONS OF SALE * 1. Seller warrants that the products or materials (hereafter "pro 8. If any Government action should place pr continue limits*; ducts") delivered hereunder meet Seller's standard specifica lions on the price provided for in this agreement such thalwi 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. 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 sfoaif| have the option (1) to continue to perform under this agreement ' subject to such adjustments in priceslhal Seller may cle^m fleci* 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 ter minate performance of the affected portions Of the agreement 2. No claim of any kind, whether ai to products delivered or for without liability for any damages. 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 o! claim within ninety (90) days from date of deliv ery, or the date fixed lor delivery (in the case of nondelivery), shall constitute a waiver by Buyer of all claims in respect of such 3. At Buyer's request, Setter 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.infor mation will be provided gratis, and; Buyer assume sole responsibility tor results obtained in reliance thereon. products. No charge or expense incident to any claims will be allowed unless approved by ah authorized representative of 10. Buyer acknowledges that it has received and is familiar with Seiler. Products shall not be returned to Seller without Seller's Seiler's labeling and literature concerning the products sold prior permission, and then only in the manner prescribed by hereunder and will forward such information to its employees Seller. The remedy hereby provided shall be the exclusive and sole remedy of Buyer. In bo 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. who handle, process or sell such products and customers Of such products, if any. Buyer agrees that products sold HerPunder will not knowingly be resold or given in. sample fern to persons, using or proposing to use the products for purposes: ijogtrary to redbmmendations given by DuPont or gr|hi$t&d 3. Seller warrants that the use or saie of the products .delivered law,"but will be sold pr given as samples only to persons who, her&undar win not infringe the claims of any United,States patent covering the products themselves; but doss not warrant against inffir.gament by reason of the use thereof in combination with other products or In the operation of any process. ' in the opinion of Buyer, can handle, use and dispose, of the pro- _ ducts-SaieJsLi...... .......................... ............... ...... 'iff .. % 4 1 i.. TheJ|u:ysr"-hall reimburse the .Seller for all taxes, (exetodingfncome:taxee) excis?es or other charges which the Seller may 4. Seiler warrants that ail products delIvgred hereunder were produced in compliance with the requirements of the Fair LaborStandards Act of 1938, as amended. be required terpayto ariy Government (National, State or Local) upon the sale, production or transportation of the products sold " hereunder.-'-'i -::;s ' : ". Cf.e > C C ' - V 1 5. No liability shall result from delay in performance or nonper formance, directly or indirectly caused by circumstances beyond 12. In the event Buyqr tail's to fulfill Seller's terms of payment, or in case Seller shall have any doubt at any time as to Buyer's financial responsibility. Seil&r may decline to make further deliv the control of the party affected, including, but not fimited to. Act eries except upon receipjt Of cash or satisfactory security. of God, fire, explosion, flood, war, act of or authorized by any \ s~', . I'Tf.-;... "l ;" .--LA-'. - - . Government, accident, labor trouble or shortage, inability to 13 This agrpement'Ts. not assignable of transferable by either obtain material, equipment or transportation. Quantities so affected may be eliminated (rom the agreement without liability, party, in whole or in part, except with the prior written consent of the other party. but the agreement shall remain othemise unaffected Seller shall 'have no obligation to purchase supplies of the products specified herein to enable it. to perform this ag;'senien*. 14. in 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 fist 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 for any reason, -Buyer will take delivery of and make payment for sucb products as have been completed and such as are in process on the date notice of suspension or termination is rgcervpd JayrSeller) provided, that,# Buyer for any reason can not accept Ctefiyefy of sdefi products, it will make payment there for as, thoughJdeijvery had been mad and Seiler will store such products for Buyer's account and at Buyer's expense. 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 the contrary as scon as practicable after it tor nv.r-aasotf (iciivu.: i'KJi 'Vtl k; ^ rar.ftint r,t inis Iicr...;V : if,,:, C ::i tows gemano ;e; me products.or paynsmt mere rot cam-:ue iqu-A emyci i fed berev6j|lleeynay distribute its Available supply afndng any ;j'/' assent to the.terms and conditions hereof. Waivar by either party orall gitrehajsqr^asfwe11 as departments and divisions of Reiter1 ,6f any default by the other hereunder shall not be deemed a deem fair and practical.: withotrfpdSffy'' waiver by buch party of any default by the other which may 'r^iltSl^felSj^w^yfdtmance'.which may result therefrdfqv-' '. f. thjereaffer occur;, '.~ir .!. S.. ., vf. ,' $ DUP050039895