Document ypO4xZ2e41R89R0mGG9NB8p2d

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) WILMINQTOrf,N|EUV^Rl*19893 U.S.A. INVOICE NO. L73 0119549 CUSTOMER ORDER NO. jmaRI_CALZ58I... SOLD TO COATES OF INDIA LTD TRANSPORT DEPOT RD CALCUTTA 700 088 INDIA SHXP TO COATES OF INDIA LTD CHANDIVALI FARM OFF-SAKI VIHAR ROAD BOMBAY 400072 INDIA Ml !|p| pjjiiruTiilpI UNIT OU TOUT ORDER NO . JBM M 29794 A00 SID NO, JBMM29794 FREIGHT TERMS VIA: PPD O/F TO BOMBAY SHIPPING TERMS PASS NO. 1 INVOICE DATE 01/25/92 PAYMENT TERMS SDLC-C ACCOUNT NO. X173420 DATE SHIPPED .01/23/92 SHIPPING HEIGHT 35390 CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS lllll UkllT I 1CE* . !.'_si*, Ar.wllU U, h*l_ 15000.00 KG 600 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 1.60 0 00 24000.00 **LETTER OF CREDIT INFORMATION** L/C #! 1-6206-9234 ADVICE #: 418172 AMT: 24000.00 EXPIRE DATE: 04/14/92 **IMPORT LICENSE INFORMATION** t/L #: PL3265686CXX19C90 ISSUE DATE: 12/07/90 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION-INDIA DIVERSION CONTRARY TO U S LAW IS PROHI BITED. "MERCHANDISE 0 F U S / ORIGIN" INSURE ALL RIS <S WHSE /WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND C( RRECT. E .1.DU PONT DE NEMOUF S AND CO 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 BUYER1S 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 . lV DU PONT DE NEMOURS 8 CO. #910-1-484559. PLEASE MAKE CERTAIN YOU STATE YOUR COMPLETE COMPANY NAME, COUNTRY, AND THE INVOICE NUMBER BEING PAID. 00396869 COO 80 9 00 0210 XBA : 99 X4 7L N36245 STANDARD CONDITIONS OF SALE 1. Seller warrants tnat the products or materials (hereafter "pro 8. If any Government action should place-or cdrftlhub li'rhjll ducts"} delivered hereunder meet Seller's standard specifica , ttons on the price provided for in this agreefnenLisuehyt tions for the products or such other specifications as may have , would be illegal or against public or GovernmentpoiicyforSelfjr 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 the products delivered hereunder, whether used singly or in combination with other products. to charge, assess or receive the full amount Of or' tO increase such prices as determined by this agreement, then BeUer.sHql have the option (i) to continue to perform under this agreemed' subject to such adjustments in priceslhat Seller may de^fti Heqf., * V essary to comply with such Government action, (2) to revise fnfe^ ' agreement, subject to Buyer's approval, <n order to most nearly v accomplish the original Intent of this agreement, or (3) to ter- v , minate performance of the affected portion^ of the agreement " 2. No claim of any kind, whether as to products delivered or for without liability tor any damages. nondelivery of products, and whether or not based on negli gence. shall be qreatar in amount than the purchase price of the products in 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), shall constitute a waiver by Buyer of all 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 othe/- . wise agreed in writing, all such technical assistance and infort ^ mation will be provided gratis, and- Buyer assumes sole \ responsibility fpr results obtained in reliance thereon. 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 Seiler 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 ,s sole remedy of Buyer, In no event shall either party be liable for such products, if any. Buyer agrees that products sold - special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party. hereunder will not knowingly be resold or given in,sample form .to persons,using or proposing to use the products for purposes^.'-;;;'-, Cgf(t{ary to recommendations given by DuPont or prohibited by^NJ 3. Seller warrants that the use or sale of the products delivered ?>. law, 'b.ut will be sold or given as samples only to parsons who, V hereunder will not infringe the claims of any United ^States ' ' iqt|ie opinion of Buyer, can handle, use anddispose of the pro-' 'Cj ,$11patent covering the products themselves; but does not Wdrfanr against infringement by reason of the use thereof in combination with other products or in the operation of any process. . .v. ... . 14.. The Buyer shall reimburse tha^pller for ail taxes, (excluding'ineome taxes) excises or other charges which the Sailer may t 4. Seller warrants that atf products delivered hereunder were . produced in compliance with the requirements of the Fair Labor " Standards Act of 1938, as amended. . be requira'd to payTO Shy Government (National, State or Local) .. uppn the sale, production or transportation of the products sold -berewW^v \ W 5. No liability shall result from delay in performance or nonper 12. In the event Buyer fails to fulfill Seller's terms of payment, ' or incase Seiler shil have Any doubt at,any time as to Buyer's - > formance. directly or indirectly caused by circumstances beyond ^ ; financial responsibility Setjdr may deciinfe to make further delta- --V . thp control of the party affected, including, but not limited to. Act v eries ex^.^pponjecel^ftof cash Orsatisfactory security; -jr* pf God, fire, explosion, flood, war* act of or authorized by any , yqyernment, accident, labor trouble or shortage, inability to f3,'This agneme^ttnot assignable d/ transferable by either ;;;qbiaTn:`material, equipment or transportation. Quantities so party.- in .wttdre or in part, except with the prior written consent*^# affected may be eliminated from the agreement without liability, of the other party; : but thp agreement shall remain otherwise unaffected. Seller shall have nb 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 Sate,set forth oh the front o! this invoice or in the current price fist for the products sold 6. W thisjigledment covers products that must necessarily be hereunder shall apply and are incorporated by reference herein. manufaetififed especially for Buyer and is suspended or ter minated for anyv.reason, Buyer will take delivery of and mqke paymeptfor,^ebproduetsas have been completed and such as are in procession the date notice of suspension or termination is-j^celvq<^^^llerrpr^Wded, that.A Buyer for any reason can- 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 sylcltbroductS, it will make payment there writing and signed by both parties. No modiftcafion.shall be for ^xhougOTbl^ery ms tjibn mqde and Seiler will store such '' effected by the acknowledgement or acceptance of purchase prpd^^'^r^^r'^accbunt and at Buyer's expense. order forms stipulating different conditions. Unless Buyer shall ;v ` v-i notify Seiler in writing tothe contrary as soon as practicable after 7 if, for aouuaasoo inclutfirva hut nut limited jo-forcte Maieure rr.aint nf this document hv fsiivw the war's acnaoSanca of aeffays.jpnaa^tQi^ijpi^ -tne imzu .demand tor products st>ocr, .tn^.pr^Jucts pr paynisiit trieretor snau d c equ.vuiuia to c-^-yuf i '^f^ySjsfriBute its '....a..i.l.a.b' lo suppif-a--m---o-n--g--a--n--y-wy"ib^nt to'-Bibterms and conditions hereof. Waiver by either party as departments and divisions any default by the other hereunder shall not be deemed a imaydeemfarf and practical, withou^mp -by :-feuch party of any default by the other which may mlnee winch may fesuit thetefi-pm^R^^f^>reaffhrt:pcc.Qr,v,.^.v- -. ; " &3&ikfzr' , ^ Ay^vvr wvjn^ti DUP050039090