Document evnqey7B3DJ7XoExv0L3vBYke

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. CUSTOMER ORDER NO. JGL_-00^/TGL-01I ___________________ SOLD TO RED ROSE INTERNATIONAL 1083/1 MALIBAG CHDWDHURY PARA DHAKA BANGLADESH DM PONT ORDER NO* JBM M 30630 J01 INV REF NO. L730322897 INVOICE NO. L73 0325406 SHIP TO RED ROSE INTERNATIONAL 1083/1 MALIBAG CHOWDHURY PARA DHAKA BANGLADESH QUANTITY UNIT FREIGHT TERHS VIA: PPD O/F TO CHITTAGONG SHIPPING TERMS cf r CHITTAGONG SHIP FROM: GULFPORT/EXPORT MS PRODUCT AND DESCRIPTION UNI I ILL 15000.00 KG 600 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 X* LETTER OF CREDIT INFORMATION * L/C #: 6423/02/29/92 ADVICE #: 200473 AMT: 24000.00 EXPIRE DATE: 03/30/92 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION BANGLADESH. DIVERSION CONTRARY TO U.S. LAW IS PROHII ITED. CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.60000 PAGE NO. 1 INVOICE DATE 03/17/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X70I580 DATE SHIPPED 03/17/92 SHIPPING HEIGHT AMOUNT' 24000.00 Buyer's acceptance 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. #PUPQNT TRADEMARK TOTAL If^M w/- 24000.00 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.W.I.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. 00401312 COO 965 00 0324 0 0 XBA F 02 99 X8 7L STANDARD CONDITIONS OF SALE "V -. Softer warrants that the products or materials (hereafter "pro 8. if any Government action should place or .continue limita- ducts") delivered hereunder meet Setter's standard specifica tions on the price provided for in this agreement such that'it ' tions for She products or such other specifications as may 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 Babtiity resulting frorr use of the products delivered hereunder, whether i&ed singly or in combination with other products. would be illegal or against public or Government policy for Seller to charge, assess or receive the full amount of or to increase ' such prices as determined by this agreement,'then Seller shall have the option (1) to continue to perform under this agreement'' subject to such adjustments in pr icestha? Seller may deem nec essary to comply with such Government action, (2) to revise this agreement, subject to Buyer's approval, in order to most nearly accomplish tha original intent of this agreement, or (3) to ter minate performance of the affected portions of the agreement ' 2. No claim cl 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 tha purchase price of the products in respect of which damages ore claimed; and failure to give notice of claim within ninety (90) days from date of deliv ery, or the da's fixed for delivery (ini the case of nondelivery), shaft constitute a waiver by Buyer of all claims in respect of such products. No charge or expense incident to any claims will be 3. At Buyer's request, Seder 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 for results obtained in reliance thereon, allowed amass approved by an authorized representative of 10. Buyer acknowledges that it has received and is familiar with Setter. Rrcducts shall not be returned to Seller without Seller's prior permission, and then only in the manner prescribed by Seller. Tha remedy hereby provided shall be the exclusive and soY; remedy of Buyer In no event shall either party be liable for special, indirect or 'onsequentia! damages, whether or not caused by or resulting from the negligence of such party. 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, it any. Buyer agrees that products sold hereunder will not knowingly be resold or given in.sample form . Jo parsons.using or proposing to usa the products for purposes CQWtrary tb recommendations given by DuPont or prohibited by 3. So t * warrants that the use or saie of the products delivered' hereunder will not infringe the claims of any United States, patent cov&r-ng the products thenrseivgs; but does not warrant-- _ law,'but will be sold or given as samples only to persons who, ir> the opinion ol.Buyer, can handle, use and dispose of tbe pro- .; ducts-safejy-........ .................. - ... : ... %. . .. ............................. ........._J ' ,/T ir against infringement by reason of the use thereof in combination with other products or ir. the operation of any process. * ' IT. The -BAyef' shall reimburse the Seller for ail taxes, (exclud- : \ in'g income taxes) excises or other charges which the Seller may I. z-eiier Y><n si! 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, Stale or Local) . upon the sale, production or transportation of the products scid ., ;'.f hereunder.; 4 % 5. No liability snail result Tom celay in performance or nonper formance, direefiy or indirectly caused by circumstances beyond 12. In the event Buyer fails to fulfill Seller's terms of payment, -T or in case Seller shaft have any doubt at any time as to Buyer's financial responsibility, Setter may decline to make further deliv the control of the party affected, including, but not limited to, Act eries except upon receipt Of cash or .satisfactory security. of God, fire, explosion, flood, war, act of or authorized by any Government, 'accident, labor trouble or shortage, inability to 13. This agreement is not assignable or transferable by either ' ^ obtain material, equipment or transportation. Quantities so affected may be eliminated horn tha agreement without liability, partypin whdle or in pari, except with the prior written consent Q 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 it to perform this agreement. 14. In addition to the Standard Conditions oi Sale set forth herein, any Special Conditions of Sal^sei forth on the front ot his invoice or in the current price list 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 anys. reason. Buyer will take delivery of and /n^ke payment for sijicij. products as have bean completed and such as are in procession tha date notice of suspension or termination is r^ceivndjbjl'Setier; provided, that# Buyer for any reason can not accept Uativery of such products, it will make payment there for as thougb/delivery.hadb.een made and Seller will store such products for Buyer's account and at Buyer's expense. , . ,v... . 15. This document, along with documents specifically referred to herein, contains alt of tha terms and conditions with respect to the sate and purchase of the products sold hereunder. These terms and conditions supersede any of previous date and no modification thereof shall bo 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 rfotify Seller in writing to the contrary as soon as practicable after / it tor snv mason ir;.;uiiino t v .;, i-j MctiBUi'B . L/CmCC^S, gnabjc,, tc-,jsi^*piyy,ne vu,-~u .uumuou picowiy ' --i1 . . UiU producis v?r pay.;/. . ; mererC! uw; equr, i-pyci s fied herein, Sellertnay distribute its available supply among any ' assent to the terms and conditions hereof. Waiver by either party or fk,^^ha^ri^t^ll as departments and divisions of.eJler,, -.Of any default by the other hereunder shall not be dciemed a ^PSjJctLto^s;as)it,'fhaiy deem fair and practical, without$atjj,r*" > /.waiver by duch pariy of any cfeiault by the other which may ft&nrriancflF which may result theret^'c^P^ ,y-thereafter occur,., ^ t r 114 ,$ * DUP050038887