Document nm6bb34dmQ2v5NjeB3Er8a20w

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) WILMINOTOrP,N5ElS!viiRl^fils U.S.A, INVOICE NO. -L73_0A2A56.2 CUSTOMER ORDER HO. .INDENT. 3523 SOLS TO PLASTICHEMIX INDUSTRIES 3/A KIRTI TOWERS TILAK RD VADODARA 390001 GUJARAT INDIA SU PONT ORDER NO. JBM M 31343 AOO SID NO. JBMM31343 FREIGHT TERMS SHIP TO PLASTICHEMIX INDUSTRIES 3/A KIRTI TQWERSTILAK RD VADODARA 390001 GUJARAT INDIA VIA; O/F PPD TO BOMBAY SHIPPING TERMS GIF BOMBAY SHIP FROM*. GULFPO RT/EXPORT MS qUANTITY UNIT FPDDUCJ AND UbliLKXP 1IUH > 1 utai PPICF` . "PLEASE CHECK APL WHEN BOOKING" 15000.00 KG 600 BAG 25 KG NET 2889 "TI-PURE" RUTILE R103 W07 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION INDIA DIVERSION CONTRARY TO U.S. LAW IS PR OH IBIT! D,. "MERCHANDISE 0 F u s y ORIGIN" INSURE ALL RIS KS WHSE /WHSE CERTIFIED TRUE AND C RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.60000 PAGE NO. 1 INVOICE DATE 04/23/92 PAYMENT TERMS SDDP ACCOUNT NO. X673020 DATE SHIPPED 04/23/92 SHIPPING WEIGHT 34990 AMOUNT 24000.00 Buyer's acceptance of the goods covered by this Invoice shall constitute acceptance by the buyer of all terms and conditions of sale stated above and on the reverse side thereof. *DUPONT TRADEMARK TOTAL ii^ 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.Ii DU PONT DE NEMOURS & CO. #910-1-484559. PLEASE MAKE CERTAIN YOU STATE YOUR COMPLETE COMPANY NAME, COUNTRY, AND THE INVOICE NUMBER BEING PAID. 00335890 COO 809 00 0424 2 0 XBA A 99 X4 7L STAHDAf^D c o n d it io n s o f s a l e 1 Seiler warrants that ihe prod ucts Or materials (hereafter ``pro ducts") delivered hereunder meet Seller's standard specifica tions tor the products or such other specifications as may have been e tprocnty agreed to herein. SELLER MAKES NO WAR RANT ICS Of MERCHANTABILITY OR F'TNCSS FOR A PAR TICULAR PURPOSE. OR ANV OTHER EXPRESS OR IMPLIEC WARRANTY, EXCEPT AS PROVIDED IN CONDITIONS 3 AND 4 HEREIN Buyer assumes all risk ani liability resulting fiom use of the products delivered hereunder, whether used singly of in combination with other products, 8. If any Government action should place or continue, limita; , lions on the price provided for in this agreemem^uch'th^'1"^' ' would be illegal or against public or Government pofteydoV'Se to charge, assess or receive the full amount Of'or .ToCjncrfr such prices as determined by this agreement, then Sailer si have the option (1)to continue 1o perform under this agreement, subject to such adjustments in prices-that Seller may deem nee' essary to comply with .such Government action, (2) to'revise 7 agreement, subject to Buyer's approval, in order to most nearly v ,, { accomplish the original intent of this agreement, or (3) to'ter- minate performance of the affected portions of the agreement 2. 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 <ne purchase price of the products in respect of which damages are claimed; and failure to give notice of claim within ninety (30) days from date of deliv ery, or ihe date fixed lor delivery (in the case of nondelivery), 9. At Buyer's request, Seiler may furnish such technical assistance and information as if 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 infoA-V' mation will be provided grafts, 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. Mo charge or expense incident to any claims wilt be allowed unless approved by an authorized representative of IQ. Buyer acknowledges that it has received and is familiar with Seller. Products shell net be returned to Seller without Seller's prior permission, and then only in the manner prescribed by Seiler. The remedy hereby provided shall be the exclusive and sole remedy of Buyer, in no event shall either party be liable for special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party, . Salter's labeling and literature concerning the products sold hereunder and wiil 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 1 hereunder will not knowingly be resold or given in,sample form jm ,to persons using or proposing to use the products for purposes,^, * ^ptrary td recommendations given by DuPont or prohibited by^-^j 3. Seiler warrants that the use or sale of the products delivered =5 j law, 'Sjiit will be sold or given as samples only to persons who, V$( hereunder will not infringe Ihe claims of any United ^States 's Ii$he opinion of Buyer, can handle, use and dispose of the pro- patent covering the products themselves; but doss hot WdffanfH! r-duets-safafy. `i.................... ,,................. ... . . frf against infringement by reason of the use thereof in combination with other products or in the operation of any process. ... . . . ^ ** , -"'.vi' id. the Buyef`shall reirriburse the'Selter for all taxes, (exclud- "i,' ! ing incomg taxes) eXctses or other charges which the Seller may ' .$ 4. Seiler warrants that ail products delivered hereunder were . produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended, , 5. No liability .shall result from delay in performance or nonper formance, directly or indirectly caused by circumstances beyond tfe tequired to pay to any Government (National. State or Local) ' ' t uppn the sale, production or transportation of the products sold f .,4* -hereo^idhf. \ < ' ' > ' ` . "'4BI x>*5- 12. lo .the event Buyer fails to fulfill Seiler's'terms of payment, or irt case Seller s tali have any doubt at.any time as to Buyer's finiar^a(reS(X>:nsit!if9.? Ss^^tir'rnay deefinb to make further deliv; the control of the party affected, Including, but not limited to. Act;; eries excpfJt-upon receipt of cash or satisfactory security. gf God, fire, explosion, flood, war, act of or authorized by any *' Government, accident, labor trouble or shortage, inability to obtain materia!, equipment or transportation. Quantities so affected may b eliminated from the agreement without liability, ,* *s ,, assignable transferable byeither pair^(-in ,w1t^e(,or in part, except .with the prior written cohserit^ of the other party. but agreement shall remain otherwise unatfected. 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 of Sale set forth herein, any Special Conditions of Sale^set forth on the from of this invoice or in the current price list for the products sold 6. If th^^r'eement covers products that must necessarily be hereunder shad apply and are incorporated by reference herein. manufacTured espacialiy for Buyer and is suspended or ter minated for any.reason, Buyer will taka delivery of and make paymeot.for sdclj.products as have been completed and such as are in 'procSssnon the date notice of suspension or termination is rqceived,gyfS%l!er; provided, that-ff Buyer for any reason cannot^^ept^j|y^rybf^u|:(iprpducts, it will make payment there- ' for a^p(^D^l|tdfy iTadbetert made and Seller will store such ' prod^^'tori^ffr^^eppunt and at Buyer's expense. 15. This document, along with documents specifically referred to herein, contains ail 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 parlies. No modificatiooshaH be effected by the acknowledgement or acceptance of purchase pfder forms stipulating different conditions. Unless Buyer shall if. for ami-reason ineiutlirv to trgor:cu Maieure notify Seiler in writing to the contrary as soon as practicable after raoeint of this document nv Ibiv s * ihe fcwstf's accoutauca .of gpiy,.tne t.otal .demana lor ..prouucis spwyjr .tn,e,products ur payment tneretor srtaii'uc equi-.-ay-.!: iu s. SilfriBiti;taei: its available ^su..p-.mpilvye a(-rmVWoyWnwg* oannuy.^-'faifb'ht-tb'i'he.termS and conditions hereof. Waiver by either party hflas departments and divisiQffebii^gJ>^,Ig^.iyt any default by the other hereunder shall not be deemed a (deem fair arid practicalt'Wfthbil^^.%ii5.wSiver by liiph party of any default by.the other which may r'miiri'c^viiHich'.may-.resuft tfteTeffgpw*-''J^f^i^ereaftdr occur.,^ W^. t'T V .vi`r- I.-Vtiv^ < A DUP050039384