Document QJZO6JNMv72yDkpNO7qZxxGO4

COPY E. I. mj PONT PE NEMOURS & CO. (INC.) MILMIHGTON0/1 DELAWARE U.S.A. INVOICE NO. ..L73.P624462 CUSTOMER ORDER NO. SOLD TO CAPRIHANS INDIA LTD BLOCK D SHIVSAGAR ESTATE BR ANNIE BESANT RD WORtI BOMBAY 400 018 INDIA SHIP TO CAPRIHANS INDIA LTD BLOCK D SHIVSAGAR ESTATE BR ANNIE BESANT RD WORLI BOMBAY 400 018 INDIA QUANTITY -r--"7,rrT" UNIT Btl PONT ORDER NO. JBM M 30955 AQO SID NO. JBMM30955 FREIGHT TERMS VIA: DPP TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS ___PRO__D_U_C_T__A_1_1_D__D_E_S__L_R_I_P_I_IU_N___ ; . PRICE M 9000.00 KG 360 BAG 25 KG NET 2889 "TI-PURE" RUTILE R103 W07 1.62500 **LETTER OF CREDIT INFORMATION** L/C #i 1118029192 ADVICE #: E 0-0 791750 AMT: 14625.00 EXPIRE DATE: 05/15/92 -THESE COMMODI TIES ARE LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINAIio N INDIA. DIVERSION CONTRARY TO U S LAW IS PROHI BITED "MERCHANDISE 0 F U S A ORIGIN" INSURE ALL RIS <S WHSR/WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CORRECT. E.I.DU PONT DE NEMOUFS AND CO PAGE NO. 1 in v o ic e Da t e 04/13/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X144670 DATE SHIPPED 04/13/92 SHIPPING HEIGHT 20934 ssss 14625.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by* tho buyer of all terns and conditions of sals stated above and on the ravarso side thereof. KDUP0NT TRADEMARK TOTAL 14625.00 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.WiI.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. 00412029 COO 809 00 0414 2 0 XBA A 99 X4 7L s t an d ar d c o n d it io n s o f s al e 1 Sailor warrants that the products dr materials (hereafter "pro ducts"} delivered hereunder meet Seller's Standard specifica tions for the products or such other specifications as may have beer, expressly agreed to herein., SELLER MAKESNO WAR 8. if any Government action should place or continue li'mlkl' lions on the price provided for in this agreemertt'3Si:luthe^&^`' would be illegal or against public or Government poljcyfor'Seil; RANTIES OF MERCHANTABILITY OH FITNESS FOR A PAR TICULAR PURPOSE. OR ANY OTHER EXPRESS OR IMPLIED WARRANT^'. EXCEPT AS PROVIDED IN CONDITIONS 3 AND 4 HEREIN. Buyer assumes dll risk and liability resulting from use of the products delivered hereunder, whether used singly or in combination with other products. 2. No claim of 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 of the products in respect of which damages are claimed; and failure to give notice of claim within ninety (30) 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 cfaims will be allowed unless approved by an authorized representative of Seller. Products shall not be returned to Seiler 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, have the option (l)to continue to perform under this agreement' , subject to such adjustments in priceslhat Setter may derJftvtiecttX ^ essary to comply with such Government action, (2) to revise tSro^'! agreement, subject to Buyer's approval, in order to most nearly v j:.; accomplish the original intent of this agreement, or (3) to ter* '/ mirtate performance of the affected portions'Of the agreement without liability for arty damages. 9. At Buyer's request, Better may furnish., such technical assistance and information as if has available with respect to the use of the products covered by this agreement. Unless othgr* wise agreed in writing, ail such technical assistance and. infor- ;' mation will be provided gratis, and- Buyer' assumes Sole'}. responsibility 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 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 r* ^ .to persons using or proposing to uss the products tor purposes^:,,,, to recommendations given by DuPont or prohibited by^'S^ 3. Seller warrants that the use or sale of the products delivered l _ law', feijrt will be sold or given as samples only to pardons who, > ~li hereunder will not infringe the claims of any United ^States ' iiiihe opinion ofBuyer, can handle, use and dispose of the pro- patent covering th products themselves; but dcss not warranr ----- dpcts-saielyg ` ' against infringement by reason of the Use thereof in combination with other products or in the operation of any process. ' if.( The Buyer shall reimburse the*Selfer for all taxes, (exclud ingIncome taxes) excises or other charges which the Sellar may be required to payio&riy Government (National, State or Local) . T> ` 4. Seller warrants that ..all products delivered hereunder were , upon the sale, production or transportation of the products sold . produced in compliance with the requirements of the Fair Labor -.hefeugddf-A''' ; ' Standards Act of 1938, as amended. ' -S-4 , . Vv - - <'.!c;. *: -RSk, Sr.'W>. :;,v-4. *. . . . .(w. ^t-' 5. No liability shall result from delay in performance or nonper formance, directly or indirectly caused by circumstances beyond th control of the party affected, including, but net limited to. Act gf Sod, fire, explosion, Hood, war, act of or authorized by any (agydrnrnent, accident, labor trouble or shortage, inability to equipment or transportation. Quantities so affect^ may be eliminated from the agreement without liability, , 12, Ip .the event Buyer faifs to fulfill Seller's'terms, of payment,- or in case Seiler shatt have any doubt at.any time as to Buyer's. financialto make further deliv eries' excegbppqn receipt' of-cash or satisfactory security. * -p ( J ' 13. This not assignable ^transferable by either ^ party/' in whidt^pr in part, except .with the prior written .consent&s of the other pfrtyv' ~ x. but (ha agreement shall remain otherwise unaffected, Seiler shall have no obligation to purchase supplies of the products specified herein to enable if to perform this agreement, 6. If th^^gteement covers products that must necessarily be 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 list for the products soW hereunder shall apply and are incorporated by reference herein. manufactured especially for Buyer and is suspended or ter minated tor reason. Buyer will take delivery of and .make paymeghfor $|hj) products as have been completed and such as are in'procession the dat notice of suspension or termination is r^ceived^^feller'^pngvided, that/l Buyer for any reason can- n^'ds^ptdgikpry'of products, it will make payment there for ^%pu^k^elRehy h%tf 6&4n made and Seiler will store such ahp at Buyer's expense. - '4W*>v v it. tor anv-raason inckjiJinq nut -not unices to rijrctt Maieutw 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 order forms stipulating different conditions. Unless Buyer shall nbtify Seller in writing to the contrary as soon as practicable after rer.ecnt of this document nv Hover me B'.war's accessaries of PM lyjne total demand, jur proOucis ,, ,inp.productsor payment tneretpr snwrtw equontMot to-opyer s isfribute its available supply among anyY-f|r.';^seht to'ihdterms and conditions hereof. Waiver by either party wft as departments and divisions OtJ > vr:l-'^f'.aT'y default by the other hereunder shall not be deemed a 'fri^ydeem.fair! and practicaL withou^ffl,qriv:`^.i`{.Wa(viveer by such piarty of any default by the other which may ptldnmane^yiAnch may-result ther.efrP93^', > j^*ti^reafter occur _ DUP050039235