Document ykGx6Rk5MVDZVkMz9DD4akoBd

COPY CUSTOMER ORDER NO. E. I. DU PONT DE NEMOURS & CO, (INC.) DU PONT CHEMICALS WILMINGTON* DELAWARE 19898 U.S.A. DU PONT ORDER NO. INVOICE NO. L73 0425026 1 SOLD TO PLASTICHEMIX INDUSTRIES |3/A KIRTI TOWERS 1 TILAK RD * VADODARA 390001 GUJARAT INDIA SHIP TO PLASTICHEMIX INDUSTRIES 13/A KIRTI TOWERS TILAK RD VADODARA 390001 GUJARAT INDIA 'JUAMTITY UNIT SID NO. JBMM31346 FREIGHT TERMS VIA: Q/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 2817 "TI-PURE" RUTILE R101 W01 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION INDIA DIVERSION CONTRARY TO U.S, LAW IS PR 3HIBITE D. "MERCHANDISE 0 = U S / ORIGIN" INSURE ALL RIS <S WHSE /WHSE CERTIFIED TRUE AND Ct RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.60000 1 INVOICE DATE 04/29/92 PAYMENT TERMS SDDP ACCOUNT NO, X673020 DATE SHIPPED 04/29/92 SHIPPING HEIGHT 34990 AMOUNT 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. *DUPONT TRADEMARK TOTAL : 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. 00335890 COO 809 00 0430 XBA 99 X4 7L STANDARD CONDITIONS OF SALE 1. Se?i"-wsnk3 Tna* the products Or materials (hereafter "pro ducts") delivered hereunder meet Seller's standard specifica tions fpr she products or such other specifications as may have 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 4 HEREIN. Buyer assumes all risk and liability resulting from use of ibe products delivered hereunder, whether used singly cr in combination with other products. 2. No claim of any kind, whether as to products del wared or tor nondelivery of products, and whether or not based on negli gence. shall be greater in amount than tits purchase pries of the products in respect of which damages are claimed; .and failure to give notice at claim within ninety (:S0) days from date ofdeliv ery, or the data fixed for delivery fin the case of nondelivery), shall constitute a waiver by Buyer of all claims in respect of such products. No charge or expense incident to any claims wilt be allowed unto approved by an authorized representative of Seller, Products shall not be returned to Seller without Seller's prior permission, and then only in the manner prescribed by Seller. The remedy hereby provided shall be tire 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. Sefier warrants that the use or sale of the products delivered hereunder svli! not infringe the claims of any United . States patent covering iha products themselves'; but does riot warrant' against infringement by reason of-tha use thereof in .combination with other products or in the operation of any process. 4, Seiler warrates tom ah products deiNgred hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1933, as amended. 5. No liability .shaft 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. of God, fire, explosion, flood, war, act o! or authorized by any . Government, accident, labor trouble or shortage, inability to . pbtain, material, equipment or transportation. Quantities' so affected may be eliminated from the agreement without liability, but the agreement shah remain otherwise unaffected. Seller shall .have no obligation ,o purchase supplies of the products specified herein to enable it to par.fcrrh this agreement 6. If this agreement covers products that must necessarily be manufactured especially for Buyer and is .suspended or ter minated for'.any reason. Buyer will take delivery of and make payment for Spblj products as have boon completed and such as are in procession the date notice of suspension or termination is rpceived^^llpr;'prdvided, thatjff Buyer for any reason cannof-accept dPfLvery'bf sufeh products, it will make payment there for as though deljvery had been made and Seiler will store such products for Beer's'account and at Buyer's expense, Bej|a|^.yiM^.jsOjS^p^fi site iotas oemaoe mr prucu.sa v; -. < fidd-hereTn, Sbllermay distribute its available supply among any 8. If any Government action should place or 0ntihue limita- r l tions on the price provided for in this agreement such that it would be illegal or against public or Government policy for Seller . to charge, assess or receive the full amount df dr to iri,creasa.. . v such prices as determfhed by this agreement.ihen Seller sSglhi>*'p c have the option (1) to continue to perform under this agreement"" ' subject to such adjustments in pricesihaf Seller may dedrti heel" essary to comply with such Government action, (2) to revise this"'1 f agreement, subject to Buyer's approval, in order to most nearly / ; accomplish the original intent of this agreement, or {3) to ter- v . minate performance of the affected portions of disagreement ^ without liability for any damages. > 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- } mation will be provided gratis, and Buyer assumes sole ' responsibility for results obtained in reliance thereon. 10 . Buyer acknowledges that it hasreceived 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 purposes j'&rt 'd^trary to recommendations given by DuPont or grdhi6;ited by,, law', but Will be sold or' given as samples only to persons who, iq the opinion of Buyer, can handle, use and dispose of the pro- . duets.safely.--.......... . . ......................... ........ LA '% i t ., The .Buyer-shati reimburse the-Seller for ail taxes, .(exclud ing income taxes) excises'or other charges which the Seller may be required to pay to dny Government (National, State or Local) upon the sale, production or transportation ot the products sold hereunder. 12. In the event Buyer fails to fulfill Sellef's terms of payment, f ; | or in case Seller shall have any doubt at any time as to Buyer's , V. financial responsibility, Seller may decline to make further deify-.; ;i eries exceptupon rece|gt':df::cash or .satisfactory security. ,;-g| 13 This agreement is,not assignable or transferable by either party, in whole, or in part, except with the prior written consent _}j of the other party. : 14. In addition to the Standard Conditions of Sale sat forth herein, any Special Conditions of Sate;set forth an the front of 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 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 modification^ shall be effected by the acknowledgement or acceptance of purchase older forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after renAir.l nt this nnc.uj-.w.r :-.j-i'V.iver ir,A , .toe products o? pmuratcr -znait ;.o ic u.-.u,c ^ v assent to the terms and conditions hereof. Waiver by either party - ,of any default by the other hereunder shall not be deemed a ,,. $wpiver by Such party of any default by the other which may {hereafter occur. _ 4,:?? Art- DUP050039432