Document jBNrrYR0ERzZmbv02dzgny3m9

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. CUSTOMER ORDER NO. TGL-002 SOLD TO THE GUIDERS LIMITED P 0 BOX 3879 2/2, R K MISSION ROAD DHAKA -3- BANGLADESH (GROUND FLOOR) DU PONT ORDER NO* JBM M 30630 V00 INV REF NO. L730322897 INVOICE NO. L75 0323086 SHIP TO COMMISSION ACCOUNT BANGLADESH QUANTITY UNIT . FREIGHT TERMS VIA: PPD 0/F TO CHITTAGONG SHIPPING TERMS CFR CHITTAGONG SHIP FROM: GULFPORT/EXPORT MS PRODUCT AMD PEfCPIPlZON lr "1 UNI 1 PPiLt RATE - WT IN LB/KG 144720.00 3 6,000OX TO ALLOW COMMISSION ON INVOICE NO. L730322897 INVOICE DATE 920317 TO RED ROSE INTERNATIONAL 0.06000 PAGE NO. 1 INVOICE DATE 03/17/92 PAYMENT TERMS ACCOUNT NO. X3 923.11 DATE SHIPPED 03/17/92 SKIPPING HEIGHT AtluUN i -1800.00 Buyorfs 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. *DUPONT TRADEMARK TOTAL -1800.00 00083762 COO 965 00 0318 0 0 XBA F 01 99 X8 7L STANDARD CONDITIONS OF SALE . Rsiier warrants tnai 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 CiR FITNESS FOR A PAR TICULAR PURFC OR ANY OTHER E :ESS OR IMPLIED WARRANTY. EXCEPT AS PROVIDED IN CONDITIONS 3 AND 4 HEREIN. Buyer assumesall risk and fiabfiity resulting fronr use of the products delivered hereunder, whether used singly or in combination with other products. 2. Mo claim cl any kind, whether as to products delivered or for nondelivery of products, and whether or not based on negli gence, shall be greater in amount than the purchase price of die products in respect of which damages are claimed; and failure to give notice o! claim within ninety (90) days from date of deliv ery, or the date fixed for delivery (in the case of nondelivery), sba'ii constitute a waiver by Buyer of all claims in respect of such pioducts. No charge or expense incident So any claims will be allowed nntess approved by an authorised representative of Seiler. Products shall not be returned to Seller without Seiler's prior permission, and then only in the manner prescribed by Seiler Tt,a remedy hereby provided shall be the exclusive and sole remedy of Buyer In no event shall either party.be liable for special, indirect, or 'c-ncsquentiai damages, whether or not caused by or resulting irorn the negligence of such party. S. Se'ic; -vanants that lbs use or saie of the products delivered v' heroundsr wifi not infringe the claims of any United States patent covering the products themselves; but dees not warrant"-- against 'nfe'r.gemont by mason of the use thereof in combination with other products or in the operation of any process. 1 Seter w^rrArtts trnn ail products deirvqred hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of i&38, as amended. 8. If any Government action should place or continue limita tions on the price provided for in this agreement such that it 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 Sa1% shall have the option (1) to continue to perform under this agreement subject to such adjustments in prices-that 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 the original intent of this agreement, or (3) to ter minate performance of the affected portions of ihe agreement without liability for any damages. 9. At Buyer's request, Seiler may furnish such technical assistance and inlormation 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. 10. Buyer acknowledges that it has received and is familiar with 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, if 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 icpirfrary to recommendations given by DuPont or prohibited by law,' but wilt be sold or given as samples only to persons who, in, the opinion of/Buyer, can handle, use and dispose.of the pro- .ducts-safelyu............. ...... '. ............................ .........; **... '. 11.. The Buyer shall reimburse the Seller for ail taxes, (exclud- ingitncohne taxes) excises or other charges which the Seller may be required to pay 1oany Government {National, State or Local) upon the sale, production or transportation of the pioducts sold hereunder.- 5. No liability snaii result from delay in performance or nonper formance, direct!/ 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 authorised by any Government, accident, labor trouble or' shortage, inability to Obtain .material, equipment or transportation. Quantities so affected may bs eliminated horn the agreement without liability, but the agreement shah remain otherwise unaffected Seiler shall 'have no obligation to purchase supplies of the products specified herein to 003010 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 any-reason, Buyer will take delivery of and make payment lor such, products as have been completed and such as are in procession the date notice of suspension or termination is rgCSived^jiSellOr; provided, that.if Buyer for any reason cannof accept delivery, of such products, it will make payment there for asdhougb'deljvery.had been made and Seller will store such products fpr Buyer's account and at Buyer's expense. 7 if for nnv r^asoi) ir.oiiissino MaA >'.-a Vj Mciieu:'1 bariatgs.juoaoieiiQjSyppiy..me was ournuuo ns projv. stw tiedjhWeifi?^Biie'rTnay distribute its available supply among any r;|or^^tJ^^yr|^|^|il as departments and divisions of Reiter,. |/ deem fair and practical,. withou^ii^y- b^fStmance which may result thereirdfo^7 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. 13. This agreement'is not assignable or transferable by either; party) in whale or in part, except with the prior written consentof the other party. 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sale;sef forth on the front of this invoice or in the current price list 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 srtd conditions with respect to ihe sale 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 notify Seller in writing to the contrary as soon as practicable after tlte products or paymt--.:'. marine; utsan C-u eg-;;;. : n: a-cyci * assOtit'to fhe terms and conditions hereof. Waiver by either party Of any"default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may thereafter occur,. Zt% DUP050038900