Document g2xDQxx7meQ8VEnpVDrGmd0gQ

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON* DELAWARE 19898 U.S.A. INVOICE NO. L7.5. 0.220.059 INDENT CAL/584 :! SOLD TO INTERNATIONAL l in k e r s p v t P 22 SWALLOW LANE CALCUTTA 700 001 INDIA ltd DU PONT ORDER MO. JBM M 29821 AOO SID NO. JBMM29821 FREIGHT TERMS SHIP TO ANZ GRINDLAYS BANK PLC A/C INTERNATIONAL LIKERS PVT LTD BOMBAY VIA: PPD O/F TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS QUANTITY UNIT PRODUCT AND DESCRIPTION UNI I PRICE 15000.00 KG 600 BAG 25 KG NET 2889 "TI-PURE" RUTILE R103 **LETTER OF CREDIT INFORMATION** L/C #: 6100791361 ADVICE #: NYC6524 AMT: 24375.00 EXPIRE DATE: 02/16/92 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION-INDIA DIVERSION CONTRARY TO U S LAW IS PROHI BITED. "MERCHANDISE 0 F U S ORIGIN" INSURE ALL RIS KS WHSt /WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CORRECT. E.I.DU PONT DE NEMOUF S AND CO 1.62500 PAGE NO. 1 INVOICE DATE 01/29/92 PAYMENT TERMS SDLC-C ACCOUNT NO. X461620 PATE SHIPPED 01/24/92 SHIPPING WEIGHT 34990 AJ'iU'JN I 24375.00 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. KDUPQNT TRADEMARK TOTAL 24375.00 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. 00408977 COO 809 00 0210 XBA 99 X4 7L N36254 STANDARD CONDITIONS OF SALE z-yi- 1. Sets*' acts Shat 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 NO WAR RANTIES OF MERCHANTABILITY OR FITNESS FOR A PAR TICULAR PURPOSE. OR ANY OTHER EXPRESS OR IMPLIED w a r r a n t y , e x c e p t a s p r o v id e d IN CONDITIONS 3 AND 4 HEREIN. Buyer assumes alt risk and liability resulting from use of the products delivered hereunder, whether used singly or in combine';ion with other products. 2. No claim of any kind, whether ss to products delivered or for a. If any Government action should place or continue limits.- tions on the price provided tor in this agreement ,sugh thqtjjf", 1 would be illegal or against public or Government policy torSeflW y to charge, assess or receive the full amount of or lo inpreespL" such prices as determined by this agreement, then Seller have the option (1) to continue to perform under this agreemertrrt-^;' subject to such adjustments in prices-that Seller may dedtn Hep* ^ ' essary to comply with such Government action, (2) to revise this** * agreement, subject to Buyer's approval, in order to most nearly t accomplish the original intent of this agreement, or (3) to ter- .....^ minate performance of the affected portions of the agreement ^ without liability for any damages. , * , - o? 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 (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 product's. No charge or expense incident to any claims will be 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 otbgfwis agreed in writing, alt such technical assistance arid infer- ' . mation will be provided gratis, and Buyer assumes sole ' responsibility for results obtained in reliance thereon. allowed unless approved by an authorized representative of Seller. Products shall not 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 shall either party be liable tor special, indirect or consequential damages., whether or not caused by or resulting from Uis negligence of such party. 3. Seiler 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 does'rfot warrant' against 'infringement by reason of the use thereof in combination with -other products or in the operation of any process. * 4. Seller warrants that all products delivered hereunder wer produced in compliance with the requirements of the Fair Labor Standards Act of 1938. as amended. 10. Buyer acknowledges that it has received and is familiar with Seller's labeling and Jite'rature concerning the products sold hereunder and will forward such information to its employees who handle, process or sell such products and customers of > ;L such products, if any. Buyer agrees that products soid : L.L hereunder will not knowingly be resold or given itj. mpte'fon*>. .to persons using or proposing to use the products lor purposes. 'Contrary to recommendations given by DuPont or prohibited by,--* law, but Will be sold or given as samples only to persons who, V'-i ip the opinion of Buyer, can handle, use and dispose of the pro- -i|| .ducts-saf&hl-..................................................... -------- |k A. ' 11. The Buyer shall reimburse the Setter for ail taxes, (exclud- ing income faxes) excisesor other charges which the Selier may **& be required to payto driy Government (National, Stats or Local).. $ upon the sale, production or transportation of the products sold-. ^ hereunder.' . '|i 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 gf God, fire, explosion, flood, war, act of or authorized by any Government, accident, labor trouble or shortage; inability to (Obtain; material, equipment or transportation. Quantities'so affected may be eliminated from the agreement without liability, 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 except upon receipt-of cash or,satisfactory security. ........................ .LS 13. This agreement1* not assignable or transferable by either party; in wHtife.dr id part, except with the prior written consent of the other party. ' :Tff but the agreement shall remain otherwise unaffected. Seller shall have no obligation to purchase supplies of the products specified herein tc- enable if 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 Sate;set forth on the from ol this invoice or In the current price fist for the produets sold 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 such products as have been comp fared and such ss are in process on the date notice of suspension or termination is received by'-Bellerpprpv.ided, thabif Buyer for any reason cannot' accept ddfiyery of such products, it will make payment therefpra|?|hpU9|Ld$!!yefy had been made and Seller will store such products for buyer's account and at Buyer's expense, 7 it- for anv.rafisnri irtcriKifnu raa :>i 15. This document, along with documents specifically referred to herein, contains all of the terms and conditions with respect to the sale and purchase of the products sold hereunder. These terms and conditions supersede any of previous date and no modification thereof shall be binding on either party unless in ' writing and signed by both parties. No modification.shall be effected by the acknowledgement or acceptance of purchase older forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after reneir.t r.S this rter.u.'Tw.f r.i- ;vr,, uv, v;.--'-, ,icr:e:ii?:.-;r;k` xn tosai .eei ano tor prwuttC-ts-1 . .rjte products or payer:&.- rueretor snan os equ:vaiu apy.v; .i its Available supply among any '''`'a^ejhitditheterms and conditions hereof. Waiver by either party orAt|purch<$er|,`|ssXweH as departments and divisiohLof ^Jler,, ' - .of any default by the other hereunder shall not be deemed a ..fair and practica!,.:withpg|^^i'i l s, j^SJkiver -by such party of any default by the other which may - ^^SfeSSKIrformliric^ vrhieh may result therefr^Pv > .-> thereafter occur. ' , ' , av- DUP050039108