Document omjQBBev7x5Mz4YN3J9MDbMpR

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON* DELAWARE 19898 U.S.A. INVOICE NO. L73 0627630 CUSTOMER ORDER NO. ;.LlND.ENT. 3 SOLD TO PLASTICHEMIX INDUSTRIES 3/A KIRTI TOWERS TILAK RD VADODARA 390001 GUJARAT INDIA SHIP TO PLASTICHEMIX INDUSTRIES 3/A KIRTI TOWERS TILAK RD VADODARA 390001 GUJARAT INDIA QUANTITY UNIT DU PONT ORDER NO. JBM M 313AA A00 SID NO. JBMM313AA FREIGHT TERMS VIA? O/F PPD TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS PRODUCT AND DESCRIPTION UNIT PRICE "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 OHIBITE D. "MERCHANDISE 0 F U S / ORIGIN" INSURE ALL BIS <S WHSE /WHSE CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CO y 1.60000 PAGE NO. 1 INVOICE DATE 06/08/92 p a y me n t t e r ms SDDP ACCOUNT NO. X673020 DATE SHIPPED 06/D8/92 SHIPPING WEIGHT 34990 AMOUNT 24000.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of ail terms and conditions of sale stated above and on the reverse side thereof. *DUPONT TRADEMARK 24000.00 BUYER'S ACCEPTANCE CIF 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. 00335890 COO 809 00 0609 '4 2 0 XBA A 99 X4 7L N36404 STANDARD CONDITIONS OF SALE , h-f ruy. -r.-> ;Kiurt: O: ;Tia"tfia.!s iheroasWr "pro ducts"} sleih-ere-l he-auntiet meet Salterns standard specifica tion?; ter \m products or such other specifications as may havs been expressly agreed to frareiil SELLER MAKES NO WAR RANTIES OF tiERCHANTA.3lt.ITY OH FITNESS FOR A PAR- "! iCLtlAR PURPOSE. OR AMY OTHER EXPRESS OR iMRLlED WARRANTY. EXCEPT AS PROVIDED IN CONDITIONS 3 AND i. HEREIN Buyer assumes all r;s<< arte 'iahwfy t&i-.uUrig horn use oi Or? nroducte cioSivare-d hereunder, vyha?hc=-r' used Kingly or ;;; 'on wten other products. 2. Mo cte:m any kind, whether at te products delivered Or tor norufetwry ptoducts, and whether c-r not bused on ncgii- gancu. shall m gttsate- it, amount tnan the pjjchsso price o; the products la o-spact of which damages wt claimed; ana ratiure. to give notice cl cClr> within ninety fS#TJ> days from aate of deliv ery, or th* cic.'c rived or delivery (in tbs esse of nondelivery), shall constitute o waiver by Buyer of g:l claims in respect of such pioducis. No oha;g~i tx experts* incident to anv claims will be ft'bwed ur.k'ssp cpf.yw by an auto.*-:e. re' esarualive ot Seiiur. `'''oorc.'.is r-tirdt not be reinroad 'o wtt'uut Seller's pr.or permission, and then oniy tri the manner proscribed by Seilei. Tf-a rsinedy hereby provided shall be the exclusive and note or 9oyer In no overt sh.?.!i S'Uhcr party be liable 10: sp^cAJ, ."ckMict !) ''ones.:;jau-jr-! damages, whether or not caused by or msulting Tom ihs negligence of such parry. 3 Se'v.; orovonte th:M the ur.e or sale of the products delivered heruincvr *vT not iiwingo 'ha claims or any United States paten: o-.vai Ag the products themselves, but doae not Warrant "": against :nu >s.g.imcnf by reason of the use theiuof in combination v-ctr oh'A? pie-liici:! or :n tro- operation of any process. : ro:.,- ; ..,; : . ' aitnart -under were produced in compltoncs with the requirements of the Pair Labor Standards Act -of rhhB, as smendecl. 5. No liability snail resell -item delay in performance or nonper formance, diieoily nr tnd.icctiy caused by circumstances beyond the control of the pany affected, including, but not limited to, Act ot God, fire, explosion, flood, war, act of or authoitesd by any ' Government, accident, labor trouble or shortage, inability to obtain material, equipment or transportation. GuamHies so affected maybe eliminated from ms agreement without liability, but the agreement shat! remain otherwise unaffected Seller shall have r.o obligation to purchase suppiltiS of the products specified he'eA to enable x parform this ag; viienf 6. it this.agreement covers products that must necessarily be manufactured especially tor Buyer and is suspended or ter minated for'any, reason. Buyer wiil take delivery of and mk payment tor such ptoducts as have been completed and such as are in procession the date notice of suspension or termination is r^ceivpd;|ife'Selier: provided, that .If Buyer for any reason cannof'accept deliveryof such products, it will make payment there for as though-Vdelivery had been made and Seiler will store such products for Buyer's account and at Buyer's expense. . ;r nr anv.fcursor, lii.l-.Fcn..o LLsitJU.Vi ,, us.;ier.,jc unaUte.tCygyppiy .me v j ;o : aocwno a* , tied herein,- Seite'ismay distribute its available .supply among any or'al) dufRhasers;.es"Wei1 as departments and divisions o.l Seller, .Xipsuch basis as Jtmay deem fair and practical, withoiitilat^lity . fp^fdlldr^oTgerlormance which .may result ihafatrohii ' - S. If any Govemmenl action should place or continue limita tions on the price provided for in this agreement such thi|itt:: would be illegal or against public or Government policy for Seller to charge, assess or receive the fuil 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 prices-that Seller may dWhn nee-.. essary to comply with such Gav^rurr-enf 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 ot the agreement without liability tar any rfvna.35^. S. At Buyer's request, Seller may furnish such locbmca! assistance and information as it has available witn 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 purposesv coptrary to recommendations given by DuPont or prohibited by law, but will be sold or given as samples only to persons who, in the opinion of Buyer, can handle, use and dispose.of the pro- ducts-safeJy.. ............................ Lit The-Bd'/ef shaft reimburse the-'Seiler for all taxes, (exclud ing income taxes} excises or other charges which the Seiler may be required to payito any Government (National, State or local} upon the sale, production or transportation o! the ptoducts sold hereunder. 12. In the event Buyer fails to fulfill Seller's terms of payment, or in case Seller shalt 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 agreoment-is not assignable or transferable by either party, in whdfe or in part, except with the prior written consent of trie other party. 14. in addition to the Standard Conditions of Sale set forth harein. any Special Conditions 0? Sa!e,ss( forth or the front r,j 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 specific ally referred va herein, contains ail of the terms and conditions wifn respect to the sale and purchase of the products sold hereunder. Those {arms and conditions supersede arty of previous date and no. modification thereof shall be binding on either party unlsss in writing and signed by both parties. No modification, shall he effected by the acknowledgement or acceptance of purchase order forms stipulating different conditions. Unless Buyer t*bail notify Seller in writing to th contras v as soon as practicable after rsr.siris m if. ;r: ruve,.,r : . i": ; . - ... .1-, : me products.ot pity.'.::;...'. ere., uo -.0 j, assent to the terms and conditions hereof. Waive; by eithor party Of any default by the other tiareunder shall not be deemed 3 waiver by such party of any default by the other which may thereafter occur. DUP050039399