Document aJOwXEdEqzeX9dLzw7ZXRxdRX

COPY E. I. DU PONT DE NEMOURS & .CO, (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. CUSTOMER ORDER NO. STL/222-91 SOLD TO SARIN TRADE LINKS PVT LTD 12 BEZZOLA COMMERCIAL COMPLEX SION-TROMBAY RD CHEMBUR BOMBAY ADO 071 INDIA DU PONT ORDER NO. JBM M 34563 A00 INV REF NO, L730526017 INVOICE NO. L75 0139899 SHIP TO COMMISSION ACCOUNT EXPORT TO INDIA VIA: FREIGHT TERMS SHIPPING TERMS PABE NO. 1 INVOICE DATE 12/31/92 PAYMENT TERMS ACCOUNT NO. X740761 DATE SHIPPEP 12/31/92 SHIPPING HEIGHT 00369544 COO 809 00 1231 0 XBA F 01 99 X4 7 STANDARD CONDITIONS OF SALE 1, Seiler warrants that .the products Or materials {hereafter ``pro ducts"} delivered hereunder meet Seller's standard specifica tions for the products or such other specifications as may have been expressly agreed to herein. SELLER MAKES NQ WAR RANTIES OF MERCHANTABILITY C)R FITNESS FOR A PAR TICULAR PURPOSE, OR ANY OTHER EXPRESS OR IMPLIED WARRANT/, EXCEPT AS PROVIDED IN CONDITIONS 3 AND 4 HEREIN, 'Buyer assumes all risk and liability resuiting from pss of the products delivered hereunder, whether used singly or in combination with other products. 2- No claim of any kind, whether a? to products delivered or for 8. If any Government action should place or continue limits, tions on the price provided for in this agreement such thabiit , would be illegal or against public or Government policy-for Seiler" to charge, assess or receive the full amount pf or 1Q; increase'j such prices; as determibed by this agreement; then have the option (1) to continue to perform under this agreement;,' subject to such adjustments in prices'that Seller may dWfti HiecY essary to comply with Such Government action, (2) to revise thfs agreement, subject to Buyer's approval, in order to most nearly accomplish the original intern ol this agreement, or (3) to ter minate performance of the affected portions of the agreement 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 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 at! claims in respect of such 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 mation will be provided gratis, and-Buyer assumes sole responsibility tor results obtained in reliance thereon. products. No charge or expense incident to any claims will be allowed unless approved by an authorized representative of Seller. Products shall no? be returned to Seller 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 shaft either party be liable for special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party. 3. Setter warrants that the use or sate of the products delivered hereunder will not infringe the claims of any United ...States patent covering the products themselves; 'outdoes not fvdrrant'" 10. Buyer acknowledges that it has received and is familiar with Seiler'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, il any. Buyer agrees that products Sold Hereunder will not knowingly be resold or given in;sample form . to persons using or proposing to use the products for purposes, - cgrftrary 'to fecdmimQndations given by DuPont or gfQhib'ited by law, but will be Sold or given as samples only to persons who, ' iq/the opinion of Buyer, can handle, use and dispose of the pro- ....... .......................... ..............................-. .......... .................... ..........._ against infringement by reason of the use thereof in combination with othc products or in the operation of any process. 4. Seller warrants that all products delivered hereunder wore produced in compliance with the requirements of the Fair Labor' Standards Act oM 938, as amended. it. The Buy&shall reimburse the better for all taxes, (exclud-. . ing-income taxes) excises or other charges which the Sailer may bfe required to payto any Government (National. State or Local) upon the pale, production or transportation of the products sold "'-hereaflddL.A;' . 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 to 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 exegptmppn receipt of.pash or satisfactory security. gf God, fire, explosion, flood, war, act of or authorized by any ppyernment, accident, labor trouble or .shortage, inability to .bbtSin material, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, 13.; This agreement;)^ not assignable dr transferable by either party,-in whole or in part, except with the prior written consentof the other party. but the agreement shafi 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 Sate set forth herein, any Special Conditions of Sal^set forth on the front ol this invoice or in the current price ijst for tne 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 tor any'.reason. Buyer will take delivery of and .make payment for sdcp,products as have been completed and such as are in prdces&pn the date notice of suspension or termination .isT%ceived,;^fSelierfprgvided, that if Buyer for any reason canno^ii^^iil^^^'of^i^prpduc^, it will make payment there for a'fhougiyiieijvery fiad been made and Seller will store such prodScis;for Buyer's account arid at Buyer's expense. . :;..for a nv,reason mciurS.'ru ru-i* wrrai&Ci '& T./i'Cc 15. This document, along with documents specifically referred to herein, contains all of the terms and conditions with respect to tb sate 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 farms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after recstnf of .this non.,:c;,v-. l::.'i oci.ierjs unaojc Tied herein, qrpi i-Xi coniang iur ..... tne.producis or paynjent ttierato! inuc uc equ.I'y,;.-; s -distribute its.available supply among any, ' assent tolho.terms and conditions hereof. Waiver by either party as'Well as departments and divisions of; / j^fany default by the other hereunder shall not ba deemed a .deem.fair and practical, ' which-may.result t jwaiver by such pafty of any default by.the other which may j,.-(-';ih,ereafter pccur.i .fr - -- IsSy-T.felfife: -A-i-; DUP050039793 . > '.*-^iA v*9> r~, * v.>--.\ ->~s v'Vp<'w w-r 'm$m |pp|l!liS|aiifiliil!!i|l(| iSi*tefclwi4ftiiiiiilllilili;!PliiSiSlilfil8s W iill ~ ^-i \ .H3^ Xa w b -*-'1-^, m^bSO * 9?*> 00 DUP050039794 ___ii.