Document ZJDvoj7V5MZbop4Kpra6D42yO

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) w il h in g t o n Nd e l a w a r e U.S.A. INVOICE NO. L.7.5-. 0.322816 CUSTOMER ORDER NO. ___CAL/.58.3_____________ SOLD t o COATES OF INDIA LTD CHANOIVALI FARM OFF SAKI VIHAR ROAD BOMBAY 600072 INDIA SHIP TO COATES OF INDIA LTD CHANDIVALI FARM OFF SAKI VIHAR ROAD BOMBAY 600072 INDIA QUANTITY UNIT DU PQHT ORDER MO, JBM M 30576 AOO SID NO. JBMM30576 FREIGHT TERMS VIA: PPD O/F TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM: GULFPO RT/EXPORT MS PRODUCT AND DE'/ChIP 11UN UNIT KKlLfc 15000.00 KG 600 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION-INDIA DIVERSION CONTRARY TO S LAW IS PROHI piTED. "MERCHANDISE 0 F U S / ORIGIN" INSURE ALL RIS <S WHSE /WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CO U 1.60000 PAGE NO. 1 INVOICE DATE 03/25/92 PAYMENT TERMS SDDP ACCOUNT NO. X173630 DATE SHIPPED 03/25/92 SHIPPING HEIGHT 35390 AMOUNT 26000.00 Buyer'6 scoeptaneo of the goods covered by this invoice shall, constitute acceptance by the buyer of all terns and conditions of sale stated above and on the reverse side thereof. *DUP0NT TRADEMARK TOTAL 26000.00 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 f 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.I. DU PONT DE NEMOURS & CO. #910-1-686559. PLEASE MAKE CERTAIN YOU STATE YOUR COMPLETE COMPANY NAME/ COUNTRY, AND THE INVOICE NUMBER BEING PAID. 00108373 COO 809 00 0326 2 XBA A 99 X6 7L STANDARD CONDITIONS OF SALE 1 Seifo: warrants that the products Or materials (hereafter "pro -1 8. If any Government action should place or continue iim?# ducts"; delivered hereuncer meet Seller's standard specifica tions on the price provided for in this agreement .suph^hglffi; tions for the products or such other specifications as may have would be illegal or against public or Government policy'tor Se'lfer `-T1 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 alt risk and liability resultirg from use of the products delivered nereunder, whether used singly or in combination with other products, to charge, assess or receive the full amount of or such prices as determined by this agreement,'then have the option (t) to continue to perform under this;agfeeme^*,`r" subject to such adjustments in pricesrihat Seller may essary to comply with such Government action, (2) to revise l, agreement, subject to Buyer's approval, in order to most nearly ~ s~ 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 as to products delivered or for v/ithout liability for any damages. . nondelivery of products, and whether or not based: on negli gence, shall be greater tn 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 9. At Buyer's request, Seller may furnish ( Such technical assistance and information as it has available with respect to the ;- f use of the products covered by this agreement. Unless othpr- . . wise agreed in writing, all such technical assistance and *nfor- i-7 , ery, or the date fixed for delivery (in the case of nondelivery), mation will be provided gratis, and' Buyer' assumes sole':', shall constitute a waiver by Buyer of ail Claims in; respdcf of such responsibility for results obtained in reliance thereon. , products. No chairge or, expense incident to any cfaimp Will be allowed unless approved by an a'uthorLed, represeniative of 10. Buyer acknowledges that it has received and is familiar with Seller Products shall not be returned to Seiler without Seller's Seller's labeling and literature concerning the products sold prior permission, and then only in the manner prescribed by hereunder and will forward such inftymation to its employees Sellar. The remedy hereby provided shall be the exclusive arid sols remedy of Buyer. In no event shat! either party be liable tor special, indirect or consequential damages, whether or not caused by .or resulting from the negligence of such party, ,,, who handle, process a- sell such products and customers of such products, if any. Buyer agrees that products sold > * hereunder,w>ll not knowingly be resold or given in-sample form *. to persons using pr proposing to use the products for purposes 'contrary to recommendations given by DuPont or prohibited by,, 3. Seller warrants that the use or sale of the products delivered .: lav/, but will be sold or given as samples only to persons who, hereunder wiO patent covering not the infringe the claims of any United ^States products themselves; but does ridrviWrhrif~~ .v in the opinion of Buyer, can handle, use and dispose dqcts-safeiy----- ____________________________ _____ of the pro____ i_ m against infringement by reason of the use thereof in combination with other products'or in the operation of any process. \ rfr? s- .. ... > .. -y - 11..The Bbye'r shall reimburse theBeiler for all taxes, (axetud-. ing income foxes) excisesor other charges which the Seiler may 4. Seller warrants that all products delivered hereunder were , produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended. be required to1 payto Arty Government (National, State or Local) upon the sale, production or transportation of the products sold ''hereuqdefcA;;< V - 'fffe.SyVr'S' ... '% 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 pf ESod, fir, explosion, flood, war, act of or authorized by any Government, accident, labor trouble or shortage, inability to lilgi>ttin ' rrmteriaI, equipment or transportation. Quantities so affectl may be eliminated from the agreement without liability, 12. In the event Buyer fails to fulfill Seller's terms of payment, or in case Seller shaH havb-any doubt at.any time as to Buyer's' financial responsibility, Seiter may decline to make further deliv , ve' rrie, sv -e"fxtc' e1 pt upy*o: n'?'w?rse3>p';c>'e'i$p:t0-pfreash ovr.s^'a- tis fa**e*;t ory security. 13. ; this agyqe'ment'fe not assignable di transferable by either part^'in whSfe^or in part, except .with the prior written consent of the other party: T but the agreement shall remain otherwise unaffected. Seller shay 'have no obligation to purchase supplies of the products specified herein to enable it to perform this agreement. 6. If this agreement covers products that must necessarily be 14, in addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sale^set forth on the front of this invoice or in the current price fist for the products sold hereunder shaH apply and are incorporated by reference herein. manufactured especially for Buyer and is suspended or ter minated for any. reason; Buyer will take delivery of arid jn$ka paymepl tqr,^4produPtsas have been completed and such as are in 'pr<foes^.ip;n -the date notice of suspension or termination is c^eeiv<^M^bliSr;"prqv.ided, thafcif Buyer for any reason can not accept dp[[very:of such products. it will make payment there for a&thoug'Mfoiivery had been made and Seller will store such pfOdyptStor account and at Buyer s expense, y: . . '-->3 '* ; y ? it-, for anv.reason including but noi simttod toVorcO Maietne 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 ofder forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable 3fter roceint ."`this document ." /Fs-,ivf* ins iy -,vrK accantanctj of fietf jne total .pe;nana wr pigoucis fepwv-i- ,ttje pjrqaucts qr payment rneretor snail os jivaiurs tg -piay^diistribute its lavailable supply among any ^fthasseW tothe,terms and conditions hereof. Waiver by either party $w|ifl as;departments and divisipifodf s'^4nayfoeem fair and practical,;wjthqqfel whibih'.rriay result there* '^jl ahy def^i.lt by the other hereunder shall not be deemed a ' !^iver such party of any default by the other which may ,, ii^ffejareaff'er occur,, > afi,` r&i:- ,'A`i DUP050039200