Document nk0b5EN9ZjYNKMQn0JmXxmD0w

ORIGINAL E. I. DU PONT DE NEMOURS & CO- DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. -) INVOICE NO. _ L?S. .0522531 CUSTOMER ORDER WO-_______ SOLD TO SUN RISE ENTERPRISE 174 FAKIRAPOOL PLOT NO B DHAKA BANGLADESH DU PONT ORDER NO. JBM M 30405 AO0 SID NO. JBMM304D5 FREIGHT TERMS SHIP TO SUN RISE ENTERPRISE 174 FAKIRAPOOL PLOT NO B DHAKA BANGLADESH VIA: PPD O/F TO CHITTAGONG SHIPPING TERMS CFR CHITTAGONG SHIP FROM: GULFPO RT/EXPORT MS (JUAN III Y UNI 1 PRODUCT ANE DESCRIITIUN UNIT PRICE 15000.00 KG 600 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 **LETTER OF CREDIT INFORMATION** L/C #: IFICB/ISLAM/SEM/0692 ADVICE #: W25I758 AMT: 24000.00 EXPIRE DATE: 05/13/92 -THESE COMMDDI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION BANGLADESH. DIVERSION CONTRARY TO U S LAW IS PROHIBl TED. "MERCHANDISE 0 F U S / ORIGIN" CERTIFIED TRUE AND CC RRECT. E . I. DU PONT DE NEMOUF S AND CO 1.60000 pag e no . 1 INVOICE DATE 03/19/92 PAYMENT TERMS s d l c -c ACCOUNT NO. X803730 DATE s n ip p e d 03/19/92 SHIPPING HEIGHT 34990 a mo u n t 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* *j)UPPNT TRADEMARK TOTAL ff|^ 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. 00412026 COO 965 00 0320 XBA 99 X4 7L STANDARD CONDITIONS OF SALE 1, Sssfer w-m ams tr.at the* products or materials (hereafter "pro 8. If any Government action should place or continue limita ducts") delivered hereunder meet Seller's standard specifica tions on the price provided for in this agreement such thal'k'it tions lor !he products or such other specifications as may have would be illegal or against public or Government policy for Seller been expressly agreed to herein: SELLER MAKES NO WAR to charge, assess or receive the full amount of or io increase RANTEES OF MERCHANTABILITY OR FITNESS FOR A PAR such prices as determined by this agreement, then Seiler shall TICULAR PURPOSE. OR ANY OTHER EXPRESS OR IMPLIED WARRANTY. EXCEPT AS PROVIDED IN CONDITIONS 3 AND 4 HEREIN. Buyer assumes all risk and fiabinfy rasuifing from, use of the products delivered hereunder, whether used singly or in combination with other products. have the option (1) to continue to perform under this agreement subject to such adjustments in prices that Seller may dedrh nec essary to comply with such Government action, (2) to revise this agreement, subject to Buyer's approval, in order to most nearly accomplish tire original intent of this agreement, or (3) to ter minate performance of the affected portions of the agreement 2 No claim c l any kind, whether as to products delivered or for without liability for any damages. nondelivery cX products, and whether or not based on negli gence. shut! be greater in amount than the purchase price ortho products in respect Of which damages are chimed; and failure to give notice of claim within ninety (90) days from date Of deliv ery, or the dais fixed for delivery (in the case of nondelivery), shtvl constitute a waiver by Buyer of all claims in respect of such products. No charge ot expense incident So 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 other wise agreed in writing, all sucti technical assistance and infor- mation will be provided gratis, and Buyer assumes sole responsibility for results obtained in reliance thereon. .mowed unites approved by an autliorired representative of 10. Buyer acknowledges that it has received and is familiar with Seiler. Products shall not be returned to Seller 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. Tt,a remedy hereby provided shall be the exclusive and who handle, process or sell such products and customers of soU; remedy of Buyer In no event shall either party be Sable for such products, if any. Buyer agrees that products sold special, indirect or consequential damages, whether -or not caused by or rebutting from the negligence of such party. hereunder will not knowingly be resoid or given in. sample form to persons using or proposing to use the products for purposes contrary to recommendations giver, by DuPont or prohibited by 3. Setter warrants ihxt the use or sate of the products delivered V: law"but will be sold or given as samples only to per0ns who, heratmdsr witI noi infringe he claims of any United States i ih,the Opinion of Buyer, can handle, use and dispose.of the pro-. patent covering the products themselves; but does not warrant" -- ducts-safoiy... against infringement by reason of the use thereof in combination wish other products sr in the operation of any process. 4k, Tttft reimburse the Seiler for all taxes, (exetud- ingfrtco'mfl fax'ds) excises or other charges which the Seller may 4. Seiler vv-ircivi.j. :ra; all products delivered hereunder were produced In compliance with the requirements of the Fair Labor Standards Act ;>t as amended. be required to pay to aihy Government {National, State or Local) upon the sale, production or transportation ot the products sold ' hereunder. . 5. No liability shall result fiom 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, set of or authorized by any 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, Seiler may deefine to make further deiiv, eries except upon receipt of cash or,satisfactory security. Government, accident, labor trouble or shortage, inability to .13. This agreement; not assignable or transferable by either Obtain '.material, equipment or transportation. Guamities so party, in wfidis or in part, except with the prior written consent affected may be eliminated from the agreement without liability, of the other party. but the agreement shall remain otherwise unaffected. Seiler shall have no obligation to purchase supplies of the products specified herein ro enable it to parform ibis agreement. 14. In addition to the Stanoard Conditions of Sale sel forth herein, any Special Conditions of Sale,set forth cr- the iron! of this 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 any).reason. Buyer will fake delivery of and ,mkke payment for suclj products as have oaen completed and such as are in proces^pn the date, notice of suspension or termination is r^ceivudi|^rfell4r; provided, that# Buyer for any reason cannof'kc?epLii|$(^ry^fstich products, it wilt make payment there-. tor.l^%!W)3|^il?*Fr^i<ad b^en made and Seller will store such ' anc| 2t Buyer's expense. v it for anu..r6SGrv iru Outline? but **.:/ v.i Furuu iVs^ieu^- 15. This document, along with documents specifically referred to herein, contains all of the terms and conditions with respect to the sale and purchase oi the products sold hereunder. These terms arid conditions supersede any of previous dale and no modification thereof shall be binding on either party unless in writing and signed by both parties. No mqdification,shall be effected by the acknowledgement or acceptance of purchase order forms stipulating dilferenl conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after ways so io:a.` samarra me products Or payn.iwn merere: un.-,i; .vq.s -.jyjr/u! - fiedjhflvfeiri,"^i'ter-tpay distribute its available supply among any r assent to the terms and conditions hereof. Waiver by either party departments and divisions of ejter, Of any-default by the other hereunder shall riot be deemed a " ~ ...... 1 '^iay'deem fair a nd practical, withouf|,t$jIly - waiver by such pahy of any default by the other which may '*f6rmance wHich .may resuIt-1herefrt$4?'t': v; ',/ thereafter occur,. b# \.b- r*11.Vv-,- DUP050038855