Document QJMXYY1kLpR5XjaLnnNzjMpBv

ORIGINAL JS. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS , ,, , WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. .175 0220.886 CUSTOMER ORDER NO. .XNP.EN.I- .MP-i.. 4260 SOLD TO THE SUPREME INDUSTRIES LTD 17/18 SHEH INDUSTRIAL ESTATE VEERA DESAI RD ANDHERI W BOMBAY 400058 INDIA SHIP TO THE SUPREME INDUSTRIES LTD 17/18 SHEH INDUSTRIAL ESTATE VEERA DESAI RD ANDHERI W BOMBAY 400058 INDIA DU PONT ORDER NO. JBM M 30135 A00 SID NO. JBMM30135 FREIGHT TERHS VIA: O/F PPD TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS qjAiiim UNIT PKLUUCI AML1 DbSLKIHlUN UNIT PRICE PAGE NO l INVOICE DATE 02/13/92 PAYMENT TERMS SDLC-C ACCOUNT NO. X806720 DATE SHIPPED 02/13/92 SHIPPING WEIGHT 34990 AMOUNT 15000.00 KG 600 BAG 25 KG NET 2817 "TI-PURE" RUTILE RIO I **LETTER OF CREDIT INFORMATION** L/C #: USA/USD/9200008 ADVICE #: 41202 CF AMT: 24000.00 EXPIRE DATE: 03/01/92 -THESE COMMODI TIES A F E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION INDIA DIVERSION CONTRARY TO U.S. LAW IS PR 3HIBITE D 'PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CO VV % :!S Is S?f\ : m. ( i-m IW If 'I I m t-kf kk 1- 1.60000 Is .1 a 24000.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer o-f all terns and conditions of sale stated above and on the reverse side thereof. KDUPONT 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.l. DU PONT DE NEMOURS & CO. #910-1-484559. PLEASE MAKE CERTAIN YOU STATE YOUR COMPLETE COMPANY NAME, COUNTRY, AND THE INVOICE NUMBER BEING PAID. 00332150 COO 809 00 0226 XBA 99 X4 7L STANDARD CONDITIONS OF SALE JjL 1 Sailer warrants that the products or materials (hereafter "pro 8. If any Government action should place or cqhtiftue lit ducts") delivered hereunder meet Seller's standard specifica lions on the price provided for in this agreement isuch, tions tor the products or such other specifications as may have would be illegal or against public or Government policy foVSe been expressly agreed to herein., SEJllER 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. to charge, assess or receive the full amount of or ter inci such prices as determined by this agreement, then fetter, have the option (1)lo continue to perform under thisagreemf Subject to such adjustments in priceslhat Seller may etedfrr hpof essary to comply with such Government action, (2) to "revise thib^ agreement, subject to Buyer's approval, m ordor to most nearly ' accomplish the original intent of this agreement, or (3) to ter- o' minaie performance of the affected portions bf the agreement `'y 2. No claim of any kind, whether as to products delivered or for without liability for any damages, nondelivery of products, and whether1 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 date fixed for delivery (in the case of nondelivery), 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 infor-r' mation will be provided gratis, and Buyer assumes sole ' shall constitute a waiver by Buyer of ail claims in respect of such responsibility for results obtained in reliance thereon. " products. No charge or expense incident to any claims will be allowed unless approved by an authorized representative of 10. Buyer acknowledges that it has received and is familiar with Sailer. Products shall not be returned to Seller without Seller's Seller's labeling and literature concerning the products sold prior permission, and then only in the manner prescribed by hereunder and Mil forward such information to its employees 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. . who- handle, process dr sell such products and customers ot such products, it any. Buyer agrees that products sold ',vsv.j hereunder will not knowingly be resold or given in, sample form *. to persqnsFUSins) pt proposing jo use the products lor purposes^:'", _ .glvi&n by DuPont or prohibited 3. Seller warrants that the use or sale of the products delivered hereunder will not infringe the claims pf any United JStates lavy, put will be sold or given as samples only to perspns who,' i^fpe dpiiiton of .Buyer, can handle, use and'dispose of the pro- patent covering the products themselves: but does not Wdfrant against infringement by reason of the use thereof in combination with other products or in the operation of any processL ;1 id. The Buyef shall reimburse the'Selter for all taxes, (exclud'< i; ipgihcbme iaxds) excises dr other charges which the Seller may F 4. Seller warrants that all products delivered hereunder were be required to payto any Government (National, State or Local) . upon the pate^ production or transportation of the products sold produced in compliance with tire requirements of the Fair Labor : "-herec^jdfe&s-vv./"'- , Standards Act of 1338, as amended. ' L.V'- !'i:- r. . J >'rJm 12. lo lhe event Buyey fdi|s to fulfill Seller's'terms of paymerrt, * ^ ' 5. No liability shall result from delay in performance Or nonper or in? case Seiler shall havfe any doubt at.any time as to Buyer's formance, directly or indirectly caused by circumstances beyond financial re^nsihiltf)i;' Sdllpr may decline to make further deliv the Control of the party affected, including, but not limited to. Act eries ew^Rtpppnjeceip/'bficash or satisfactory security. .... gf 0pd, fire, explosion, flood, war! act of or authorized by any ' ,1 1 H,, -i (Iqyernment, accident, labor trouble or shortage, inability to ..^'"ThteagifiSfbppf nfrt a^igfebte df transferable by either.^,, vqsbferr:Material, equipment or transportation. Quantities' so party; in white or in part, except with the prior written cohseht^lf ' affec%J may fe eliminated from the agreement without liability, of the other 5 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, 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Saf^set forth on the front of this invoice or in the current price (ist for the products sold 6. If thi&^ledroert covers products that must necessarily be hereunder shall apply and are incorporated by reference herein. manutecttifbd e^seciatly for Buyer and is suspended or ter minated for khyt reason, Buyer will take delivery of and ,make paymeoMor sij&b.products as have been completed and such as are in procession the date notice of suspension or termination is recsivedj^y^ellerfprpy.idecl, thatift Buyer for any reason cannodscajept cjgjjiygry''of products, it will make payment there for ^|bpu|(lllog!krery fed bfen made and Seiler will store such ' .p'rc^fg^tQf^^^fr^'dccpurit arid at Buyer's expense. y~{ 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 pf purchase older forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after V If for snv.fsason inclunirvo bus nos toTprce M&ieure mr.aint of this rfoournsnt nv fjtiynr ms Stiver's sccootauca of dy.the Haas .demand w prouecss.ispecj.-.^., .me,productsot payment therefor sna tie equrvaiets to espyei s listribute its Available supply among any>^.-"fas^rittS^fe.|erms and conditions hereof. Waiver by either party 1 bectepartment$'.aij<ldivisionsdefault by the other hereunder shall not be deemed a deem tair and practical.MthbuM^ay^ ,:?.-i1wdiver by-suiti P$ty of any default by the other which may lich rr.ay-result Iherefrortr-^'Y .':^v?*' tiYersafrer occur. $Wk: DUP050039147