Document e5aYw17XLqok4x1kKe9qBzj7g

ORIGINAL E, I. DU PONT DE NEMOURS & CO- (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. CUSTOMER ORDER NO. STL/219-91 SOLD TO I NOMAG LTD 1-1 PALACE RD BANGALORE 560 001 INDIA DU PONT ORDER NO. JBM M 30984 JOO INV REF NO. L730424804 INVOICE NO. 173 1239888 SHIP TO COMMISSION ACCOUNT EXPORT TO INDIA QUANTITY UNIT FREIGHT TERMS VIA.* OFP TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM* GULFPORT/EXPORT MS PRODUCT AND BLSLRIPIION UNIT PRICE PLUS COMMISSION-SUBSID. 0.00 3 0.0000% COMMISSION ISSUED IN ERROR. FOR BOOKKEEPING ONLY PAGE NO. 1 INVOICE DATE 12/31/92 PAYMENT TERMS N 30 ACCOUNT NO. X438651 DATE SHIPPED 04/13/92 SHIPPING HEIGHT 325.00 Buyer's acceptance of the Roods covered by this invoice shall constitute acceptance by the buyer of ail terns and conditions of sale stated above and on tha reverse side thereof. *DUPOWT TRADEMARK TOTAL 325.00 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 INC0TERMS-1990 AND SHALL APPLY UNLESS OTHERWISE STATED. FOR NON-DRAFT BILLING, PLEASE SEND ALL REMITTANCES IN U.S. DOLLARS WITHOUT DEDUCTION FDR 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 33i TELEX 125563* ACCOUNT OF E.I. DU PONT DE NEMOURS & CQ. #910-1-484559. PLEASE MAKE CERTAIN YOU STATE YOUR COMPLETE COMPANY NANE, COUNTRY, AND THE INVOICE NUMBER BEING PAID. 00401649 COO 80 9 00 1231 XBA F 01 99 X4 7L STANDARD CONDITIONS OF SALE 1, 5"iter wan ants trial the products; or materials (hereafter "pro 8, If any Government action should place or qpntinue limits* - ducts") delivered hereunder meet Seller's standard specifica ...lions on the price provided for in this agreement,aupft tions for the products or such other specifications as may have would be illegal or against public or Government'policy forSeTls'r 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. to charge, assess or receive the full amount of or to increase' such prices as determifted by this agreemenl/then Seller shall ; have the option (1) to continue to perform urider this agreementr subject to such adjustments in prices'that Seller may de&n nec essary to comply with such Government action, (2) to revise this agreement, subject to Buyer's approval, in order to most nearly accomplish the original intent of this agreement, or (3) to ter minate performance of the affected portions of the agreement Z. No claim of any kind, whether as to products delivered or for without liability for any damages. nondelivery of products, and whether or not based on negli gence, shall be greater in amount than t he 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, Seiler 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, ail such technical assistance and. infor mation will be provided gratis, and;- Buyer assumes sole shall constitute a waiver by Buyer of all 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 fey an authorized representative 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 information to its employees Seller. The remedy hereby provided shall be the exclusive and sole remedy of Buyer. In no event shall either party .be liable lor special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party. who bandit*, process or sell such products and customers of such products, if any. Buyer agrees that products sold . here,under will not knowingly be resold or given in. sample form . to persons using or proposing to use the prod ucts for purposes contrary to recommendations given by DuPont or prohibited by ' .3. Setter 'warrants that .the use or sate of the products deliver-ad law, but will be sold or given as samples only to persons who, hereunder will not infringe the claims of any United .States, iq.lhe opinion of-Buyer, can handle, use and dispose, of the pro- patent covering the products themselves; but does not Warrant" ----- ' - ducts-safalyL- ... ... .,. .......... .. ,' % : ; ......................... .. against inter,gamerit.by reason .of the use thereof in combination with other products or in the operation of any process. " id.- The Buyer1 shall reimburse the;$e.tler for all taxes, (excluding-incterrie taxes) excises or other charges which the Seller may 4. Seller warrants that at! products delivered hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 193.8, as amended. bis required to pay to any Government (National, State or Local) upon the sale, production or transportation of the products sold \herejahder.;\ *' . 5. No liability snail 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 of God, fire, explosion, flood, war, act of or authorized by any , Government, accident, labor trouble or shortage, inability to jobfain inrtaterial, equipment or transportation. Quantities so affected may bo eliminated from the agreement without liability, 12. In the event.Buyer faifs 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 except upon raceigi^c^h or^tisfastqry security. 13. This agreement's not assignable or transferable by either party,' in while;or in part, except with the prior written consent of the other pS'rty; - : ' but thd agreement shall remain otherwise unaffected Seller shaij 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 manufactured especially for Buyer and is suspended or ter minated for anyueason, Buyer will take delivery -of and make payment for spch products as have been completed and such as are in process on the date notice of suspension or termination Is receivedSeller; provided, that ft Buyer for any reason cannof'accept d61ivery-of sCiCh' products, it will make payment there for as thougtedelivery had been made and Seiler will store such products fpr,Buyer's account and at Buyer's expense. / it for anv reason ,n....ilttv. bill rvA iantfuti to rprsu fwaieurts unaare i&fSffipiy ;tne toras semarta iyr prouucis spwyr;, lied herein, Sellertpay distribute its available supply among any ,o? alj p''utsh^r%astWell as cteparlmentsand divisions ofjyelter, deem fair and practical, withogf^lal^lty. ^i^iiS^^^^rajWdfbfimanee'.which .may. result therefr'dfevrv 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sal^set forth on the front of this invoice or in the current price fist for the products sold hereunder shall apply and are incorporated by reference herein. 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 notify Seller in writing to the contrary as.soon as practicable after rereir.i :r.is il 9 :c r.v i's ;. , a- iViv.-.r's ,i .. ms. products.or paypteiii istereio! un-u, uo .:u cvy-c ^ assent to the terms and conditions hereof. Waiver by either party ,6f any default by the other here under shall not be deemed a waiver by Such party of any default by the other which may .; thereafter occur.. -.U;. . ^ . *' ' 'T - - ' ' ' DUP050039696