Document vVRK10Y1mae6wX0ZpZJy5JXJR

COPY E. I. Dir PONT DE NEMOURS & CO. (INC.) INVOICE NO. U.S.A. -L.15_JL42.50 50 CUSTOMER ORDER NO. ..CAL/5.92.. SOLD TO COATES OF INDIA LTD t r a n s p o r t DEPOT ROAD CALCUTTA 700 088 INDIA d u po h t onres n o . JBM M 51541 A00 SID NO. JBMM31341 f r e ig h t t e r ms SHIP TO COATES OF INDIA LTD CHANDIVALI FARM OFF SAKI VIHAR ROAD BOMBAY 400072 INDIA lassiiagjuai] VIA: PPD O/F TO BOMBAY SHIPPING TERMS GIF BOMBAY SHIP FROM GULFPORT/EXPORT I` I .` L~ ~1 15000.00 KG | 60 0 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 W28 -THESE COMMODI TIES AFlE LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTlNAllON-INDIA DIVERSION CONTRARY TO S LAW IS PROHI BITED "MERCHANDISE 0 F U S A ORIGIN" INSURE ALL RIS KS WHsq/WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CORRECT. E.I.DU PONT DE NEMOURS AND CO U 1.60000 PAGE NO. 1 INVOICE DATE 04/29/92 PAYMENT TERMS SDDP ACCOUNT NO. X173430 DATE SHIPPED 04/29/92 SHIPPING HEIGHT 34990 AMOUNI I i 24000.00 Buyer** 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 240 00.0 d 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 A LL 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 BANKi NEW YORK# NY U.S.A.: S. W.1.F.T. CHASSUS 33: TELEX 125563: k ACCOUNT OF E.I. DU PONT DE NEMOURS & CO. #9 10-1-484559 :! PLEASE MAKE CERTAIN YOU STATE YOUR COMPLETE COMPANY NAME, COUNTRY , AND THE INVOICE NUMBER BEING PAIDi 00108373 COO 809 00 0430 XBA 99 X4 7L STANDARD CONDITIONS OF SALE S3 1. Seiler warrants that the products dr materials {hereafter "pro 8, If any Government action should place or continue ducts") delivered hereunder meet Seller's standard specifica tions on the price provided for in this agreement such 7;- tions for the products or such other specifications as may have would be illegal or against public or Oovefnment.bofjbVTortSelf^*?^'' 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 PROVIDEED IN CONDITIONS 3 AND 4 HEREIN Buyer assumes all risk and liability resulbng from use of the products delivered hereunder, whether used singly or in combination with other products, to charge, assess or receive the full amount pf Or tcfincr^eEy'V' such prices as determined by this agreement, then Sellar sh^ll 'r have the option (1) to continue to perform under this agre^ifttSf subject to such adjustments in pricesrthat Seller may deim riecy,, - ^ essary to comply with such Government action, (2) to"revise " 7* agreement, subject to Buyer's approval, in order to most nearly 4 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 the purchase price of the products m respect of which damages are claimed; and failure to give notice of claim within ninety (90) days from date of deliv ery, or the date fixed for delivery {in the case of nondelivery), 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. infor-r mation will be provided gratis, 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. No charge or expense incident to any claims will be allowed unless approved by an authorized representative of 10. Buyer acknowledges that it has received and is familiar with Seller. 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. The remedy hereby provided shall be the exclusive and who handle, process or sell such products and customers of - , sole remedy of Buyer, in no event shall either party be liable for such products, if any. Buyer agrees that products Sold "r- special, indirect or consequential damages, whether or not hereunder will not knowingly be resold or given in, sample form , caused by or resulting from the negligence of such party, ,to persons using or proposing to use the products for purposes^*;;. 'Otjpjrafy to recommendations given by DuPont or prohibited by-v~:i'' 3. Seller warrants that the use or sale of the products delivered _ law, W will be sold or given as samples only to petspns who, hereunder will patent covering not the infringe the claims of any United ^States products themselves; but dees nbt Warrant' ----- iqjtjie opinion of Buyer, can handle, use and dispose duefs-safaiy.---------- ----------------- i,.._ _.i_ ...........,, of the pro- * .'jVj,' against infringement by reason of the use thereof in combination with other products or in the operation of any process, c * ` 1,1. The Buyer shall reimburse the'Bolier for all taxes, (exclud-, Ipg income taxes) excises or other charges which the Seller may r* 4. Seller warrants that all products delivered hereunder were , produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended, bferequired to paytto Shy Government (National, State or Local) , upon the pale, production or transportation of the products sold hereus^efer. , 5. No liability shall result from 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 pf Sod, fire, explosion, flood, war' act of or authorized by any Spyernment, accident, labor trouble or shortage, inability to ipbi^lp iniiateriai, equipment or transportation. Quantities'.so. affected may be eliminated from the agreement without liability, 12. Ip ,the event Buyer fails to fulfill Seller's'terms of payment, or incase Seller shali havb any doubt at any time as to Buyer's financial responsibility; Seifef"may decline to make farther deliv eries excpp{-upon receipt of :cash orjtatisfggtory security. igitflThi's. agfsemehPlS not assignable df transferable by either partyi- in wl^or in part, dxcept.with the prior written consent^*! Of the other party^ . v : but ihp 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 of Sale set forth herein, any Special Conditions of Sale^set forth on the front of this invoice or in the current price fist for the products sold 6. If thbj^a^nwnt 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 ahyi.reasop. Buyer will take delivery of and /n$ke paymeptfpr gp^productsas have been completed and such as are in prcfcOsapn the date notice of suspension or termination is r%ceivp^^ltler^iiiqsdded, thaUf Buyer for any reason can- noL'd^eptt^1W?''bf products, it will make paymenttherefor aS'tlppuJ^^I&erjj ft&d been made and Seiler will store such prpcm^,'f^,,W^fr/s.faccburit and at Buyer's expense., y.;: 15. This document, along with documents specifically referred to herein, contains all 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 parties. No modificaiion jshai! be effected by the acknowledgement or acceptance of purchase ofder forms stipulating different conditions. Unless Buyer shall riotify Seller in writing to the contrary as soon as practicable after 't if, for anw/aasori inciurisno .but nut iinviisti to Force Maiuute rsceinf of this .ripcjimem hv tstiver toe Bvivar'a acneatanca of . aailflius.iinahie.tprimp|</ mo totar demand rur prouuus.spevi;, .tnj.prtKlucts pr payment therefor snail ae aqcavawrn *u ts^yer pjSttibute its available supply among any'>^";,a^1iTtb'tNif0rms and conditions hereof. Waiver by either party 0l^%d.epartmnts.apd divisionsdefault by the other hereunder shall not be deemed a arid practical, wrthdu^aM@ty^r,:C^alvec: by'SLfch party of any default by the other which may licit m---a--y--r-e--s-u.ofecc-uthr.e, reTM^^ DUP050039335