Document RJE2y1zGgOE4qo9xjgJ6oKbpv

j? &n O (v o W O Pi O V wPi PPi o in 2 Q PJ >V HPi S12 s ? >< CA O M2 O 5 Pwi 2 2s <0tO-n 0O 2; Ot- W O s -J J Oo -4 o p ou P & U 3o a, a PH 0 scr sM 5a5 O >> PHi 2 t> 0 V to g Q Pw > B KOCO 111 > 0 ww I PP >PMa*,i !P*a--xS. Xw Xu tan g CO 2 O WP US 0 *O-4 PQappPpppp >OwPi U>uPi >OwPi iowP>i o5wP>i u5wP>i uw>Pi uPw>i o>wPi owP>i Pi w ^p 1|3 oE- u u P Pi 2 Uw <)()<)<)()()<)()<)<i) 2 1 s 0 2 s O opa wpi 2 0 pi P0H D C_> pPwi Pi Pi O pw: 0 Pi 2 QO' 90 oI-* s t-L, 3t~ pi O CO V o oH tWo O --< p wtaJ, 2 O u [1J] a -- E DOCUMENTS TO BORDER BROKER E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. LZ3_lfll56aS CUSTOMER ORDER NO. SOLD TO DU PONT NEW ZEALAND LTD P 0 BOX 76-256 MANUKAU CITY AUCKLAND NEW ZEALAND DU POUT ORDER NO. JBM M 28201 A00 SID NO. JBMM28201 f r e ig h t t e r ms SHIP TO DU PONT NEW ZEALAND LTD 7 RONWOOD AVENUE MANUKAU CITY AUCKLAND NEW ZEALAND VIA: PPD O/F TO AUKLAND SHIPPING TERMS DES AUCKLAND SHIP FROM: GULFPORT/EXPORT MS q u an t it y UNIT TROUUCT AND JfciCKlPFlLN UNIT PRICE 35000,00 KG 1800 BAG 25 KG NET 2817 "TI-PURE" RUTILE R101 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINAI ION NEW ZEALAND. DIVERSION CONTRARY TO U S LAW 3 S PROHIBITED. "MERCHANDISE 0 F U S / ORIGIN" ALL BILLS NOT PAID 22 5 DAYS FROM INVOICE DATE SUBJECT TO INTEREST AT 8X P.J , INSURE WHSE/WH SE CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMQUF S AND CO 1.20000 PAGE NO. 1 INVOICE DATE 10/13/91 PAYMENT TERMS N 60 ACCOUNT NO. X006350 DATE SHIPPED 10/10/91 SHIPPING HEIGHT 103970 AMOUNT i 53000.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all teres and conditions of ssla stated above and on the reverse side thereof. XDUPONT TRADEMARK 1 53000.00 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 BULLING, 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. #910-1-383559. PLEASE MAKE CERTAIN YOU STATE YOUR COMPLETE COMPANY NAME, COUNTRY, AND THE INVOICE NUMBER BEING PAID. INVOICE COPY TO: DESTROY ORIG CHG FRT 7083-2817-156-J61-860 00058322 J61 860 00 1031 0 0 XBA A 99 5L DUP050039957 STANDARD CONDITIONS OF SALE - M-re* 1.. Sefter - .-ferrgnts that the products or materials (hereafter "pro 8. If any Government action should place or continue limits- `l ducts' ') delivered hereunder meet Seller's standard specifica tions far the products or such other specifications as rriay 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. lions on the price provided for in this agreement such that it" would be Illegal or against public or Government policy for Seiler \ ` to charge, assess or receive the full amount of or io inpre,asp.v such prices as determined by this agreement, then Seller shall;J-v have the option (1) to continue to perform under this agreementT'AA7' subject to such adjustments in pricesThat Seller may dedhi fieef ` essary to comply with such Government action, (2) to revise this* r agreement, subject to Buyer's approval, in order tq most nearly ` , accomplish the original intent of this agreement, or (3) to ter- v , minate performance of the affected portions of the agreement `-c-ll 2. No claim of any kind, whether as .to products delivered or tor without liability for any damages. . mT, nondelivery of products, arid 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 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 claims will be 9. At Buyer's request. Seller may furnish; such technical assistance and information as it has available with respect to-the -h.? use of the products covered by this agreement. Unless oth^r- L wise agreed in writing, all such tecfenk^-asMstancp arid mation will be provided gratis, and Buyer assumes 'sole';; ' responsibility for results obtained in reliance thereon. allowed unices approved by an authorized. representative of 10. Buyer acknowledges that it has received and is familiar with Seller. Products shall no* be returned to Seller without Seller's Sailer'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 Sellar. The remedy hereby provided shall be the pxclusive and sole remedy of Buyer In no event shall either parly 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 hereunder will not knowingly be resold or given in. sample form -VT,| .to persons using qr proposing to use the products for purposes 'r. eoptrary to recommendations given by DuPont or prohibited 3. Selter warrants that the use or sale of the products delivered hereunder will not infringe the claims of any United ..States .patent covering the-products themselves; but doss'net warrant"'' against infringement by reason of the use- thereof in combination with other product;-' or in the operation of any process. h law. ;btrt W*li be sold or given as samples only to persons who, !*- irbthe opinion of Buyer, can handle, use and dispose of the pro- ~y - --ducts-safely- ................ .... .... ____Ms a ':. , , V, -t IP ' IT., Tpe Bpyer shall reimburse the Seller for all faxes, (exclud- ing income takes) excises'or other charges which the Salier may 4. Seller wairaiiis that an products delivered hereunder were produced In compliance with the requirements of the Fair Labor Standards Act of 1938, as amended, be required to pay'to any Government (National, State or Local) upon the sale, production or transportation of the products sold hereunder. - - - T , .;.v - 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 12. In the event Buyer fail's tp 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 decline to make further deliv eries excepi;ij'pon .receipt :Q.f cash or satisfactory security. of God, fire, explosion, flood, war, act of or authorized by any . , Government, accident, labor trouble or shortage, inability to pbtairt material, equipment or transportation. Quantities so .affected may jb;s eliminated from the agreement without liability, .iSji- 'This agrPemerit-'E npt assignable or`transferable by .either ^ party;in whole or in part, except with the prior written consent ' Jj of the other party. , - 'but the agreement shall remain otherwise unaffected Seller shall have no obligation to purchase supplies of the products specified -herein to enable if fe parterre this agreement 14. in addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sale;se! 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 tor siie.h products as have -been completed and such as are in procession the date notice of suspension or termination is receivedly'ifeitor'rprovided, that* Buyer for any reason can ned accept bflsubh products, it will make paymentthere- tQr ap'thpugli'deliye'ry bad been made and Seller will store such products for Royer's'account and at Buyer's expense, 15. This document, along with documents specifically referral! 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 ofder forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after / ;t- mt anv. ranacr, 1;,r,t* - ;vi --; . t^eli^iys uniqip..io.,p.yppriy the total ses&ia pruu-.o >, -> fiedberein. Sbfer'may distribute its available supply among any ance which may result therefrom thv products u: p^y.i'wii .vc squ.-Vdi-am it.- tv,-.-' - assentto-the terms and conditions hereof. Waiver by either party ,of any default by .the other hereunder shall not be deemed a -rjweiv.er by Such pafty of any default by the other which may thereafter occur, - '3--V-*iW**dh.*s- JW DUP050039958