Document qmZJbrKV1OpeBdBr9gx70QnkR

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS. WILMINGTON, DELAWARE 1989$ U.S.A. INVOICE NO. L75 03228971 CUSTOMER ORDER NO. TGL-002_________________ SOLD TO RED ROSE INTERNATIONAL 1083/1 MALIBAG CNOWDHURY DHAKA BANGLADESH PARA SHIP TO RED ROSE INTERNATIONAL 1083/1 MALIBAG CHOWDHURY PARA DHAKA BANGLADESH DU POUT ORDER NO. JBM M 30650 A00 SID NO. JBMM30630 FREIGHT TERMS \ VIA: PPD O/F TO CHITTAGONG SHIPPING TERMS qUAMIllY UNI I -... i. Li Ltri'i'a niSifcillilfiSHi-liP.lll:!: CFR CHITTAGONG SHIP FROM: GULFPORT/EXPORT MS PKUUUU AND UbbUlMiLN UNIT TRICE 30000.00 KG 1200 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 1.60000 LETTER OF CREDIT INFORMATION** L/C #: 6423/02/29/92 ADVICE #: 200473 AMT: 24000.00 EXPIRE DATE: 03/30/92 -THESE COMMODITIES A F E LICENSED BY THE UNITED STATES FOR ULTIMATE DESTINA1 ION BANGLADESH, DIVERSION CONTRARY TO U S LAW IS PROHIB ] TE D. "MERCHANDISE OF U S ORIGIN" CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CO PAGE NO. 1 INVOICE DATE 03/17/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X701580 DATE SHIPPED 03/17/92 SKIPPING HEIGHT 69980 AMOUNT 48000.00 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* XDUPONT TRADEMARK.................................... TOTAL 48000.00 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. 00401312 COO 965 00 0318 XBA 99 X8 7L STANDARD CONDITIONS OF SALE . fysitei wan ants that the products or materials (hereafter "pro ducts") delivered hereunder meet Seller's standard specifica tions tor She products or such other specifications as may hove 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 WARRANTY, EXCEPT AS PROVIDED iN CONDITIONS 3 AND HEREIN. Buyer assumes all risk and liability resetting worn use of the products delivered hereunder, whether used singly or in combination with other products. 2, Ho claim cl any kind, whether as to products delivered or for 8. If any Government action should place or continue limita tions on the price provided for in this agreement such thrift i; would be illegal or against public or Government policy for Seller to charge, assess or receive the full amount of or to increase sued 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'!hat Seller may deem nec essary tc comply with such Government action, (2) to revise thiis" ~ 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 the agreement without liability for any damages. nondelivery of products, and whether or not based on negli gence, shaft bo greater in amount than she purchase price of the products in respect of which damages are claimed; and failure to give notice ot 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 ait claims in respect of such products. No charge or expense incident to any claims will be 9. At Buyer's request. Seller 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 such technical assistance and infer- vmatiort will be provided gratis, and Buyer assumes sole : responsibility for results obtained in reliance thereon. nil owed unless approved by an authorized representative of Seiler. Products shad not be returned to Seiler without Seller's prior permission, and then only in tire 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 for special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party. 3. Seder -warrants thrtf the use or saie of the products delivered; hereunder vviff not infringe the claims of any United,States, 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, it 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 contrary to recommendations given by DuPont or prohibited by law, but will be sold dr given as samples only to persons who, < iqthe opinion of Buyer, can handle, use and dispose of the pro- patent cover-ng the products themselves; but does not warrant":"~v ......... .......... W .............................. .. against infr'rsyamont by mason of the use thereof in combination with other produces or :r. the operation of any process. ` 14v The BiiySF shall reimburse the Seller for all taxes, (excludWgiincomeTaxdb) excises or other charges which the Seller may 4. Belter vcirvAi-.ss rpiit ail products delivered hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 19SS, as amended. be required to pay to any Government (National, State or Local) upon the sale, production or transportation ot the products said hereunder.. V' IvY1'. ' ' ` V.; V 'v t- 5. No liability snail result from delay in performance or nonper formance, directly or mdk ectly 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 authorized by any Government, accident, labor trouble or shortage, inability to :obiain material, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, 12. In the event Buyer fails 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 excapt-Upon receip.tofcash or.satisfactory security. :.. , 13. This agreement 'is not assignable or transferable by either party, in whole ;or in part, except with the prior written consent ot the other party.- but the agreement shall remain otherwise unaffected 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 ot Sole sot forth herein, any Special Conditions ot Sale,se; forth on the front 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 take delivery of and .make payment lor such products as have been completed and such as are in processor the date notice of suspension or termination is receivedJ^y:Seller; provided, that# Buyer lor any reason can- nofaccept fteliyeryfot sdeh products, it will make payment there for asthougbJdeliveryhad been made and Seller will store such prddbqfo'lQr Buyer's account and at Buyer's expense. ' r ?- a- . 15. This document, along with documents specifically referred to herein, contains all of tha terms snd conditions with respect to the sale and purchase of the products sold hereunder. Those 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 order forms stipulating different conditions. Unless Buyer shall ribtify Setter in writing to the contrary as scon as practicable after / it for anv-.r-aaKt'K; .Ticiiiaitia Uu: >v.A iicr:j?.d i\j For&j t snrfiot this ri.'v:.,.r..-,: trCiiec is unaaie^o^^ppiy in vjsa: .stuuuftQ nsc pit'Oiwtti *1- fied herein:^ellertnay distribute its available supply among any .. .- as departments .and div; deem.fair and practical,/ wHir:h may result there trie products.or paymsv.i tueroToi vtu be s ^'v j iv e -j .: ivy~i c ' assent to the 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 winch may - tltpreaftar occur., ' ........ c'r-T; . DUP050038898