Document 3Q8kB0q0d113wORvGKbnn7Ve0

ORIGINAL E, 1. DU PONT DE NEMOURS & CO. DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. ) INVOICE NO. :..-L.7.3_J15Z7256 CUSTOMER ORDER NO.__________________________ , INDENT 4356_________________________ DU PONT ORDER NO. JBM M 31957 A00 SOLD TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA ESTATE SID NO. .JBMM3I957 FREISHT t e r ms SHIP TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA ESTATE VIA: OFP TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM; GULFPORT/EXPORT MS QUANTITY UNIT PRUDUCI AND DLb.LKlJ-11UN UNil PKlLt 45000,00 KG 1800 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 W28 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION INDIA. DIVERSION CONTRARY TO 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.I.DU PONT DE NEMOUF S AND CO U 1.60000 PAGE NO. 1 INVOICE DATE 06/04/92 PAYMENT TERMS SDLC-U ACCOUNT NO. XO75660 DATE SHIPPED 06/04/92 SHIPPING HEIGHT 104970 AMUUNT 72000.00 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 72000.00 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. 00056824 COO 809 00 0605 2 XBA A 99 X4 7L N36464 STANDARD CONDITIONS OF SALE 1. Seiler an ants that the products or materials {hereafter "pro 8. If any Government action should place or continue limita ducts'") delivered hereunder meet Seller's standard specifica tions on the price provided for in this agreement such tha$W' ; ' tions for the 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 the products delivered hereunder, whether used singly or in combination with other products, would be illegal or against public or Government policy for Seller to charge, assess or receive the full amount of or lo- increase ,, such prices' as determined by this agreement. then Seder shall;' f t have the option (1) to continue to perform under this agreement' subject to such adjustments in prices that Seiler may de^m hec- y1 essary to comply with such Government 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 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 in respect of which damages are claimed; and failure to give notice of claim within ninety (30) days from date of deliv 9. At Buyer's request, Seder 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- y' ; ery, or the date fixed tor delivery (in the case of nondelivery), (nation will be provided gratis, and Buyer assumes sbleVu shall constitute .a waiver by Buyer of all claims in respect of such responsibility for results obtained in reliance thereon. products. No charge or expanse 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 Seiler. Products shall not be returned to Seller without Seiler's Seiler'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 sole remedy of Buyer. In no event shall either party be liable lor special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party, who handle, process or sell such products and customers of stich products, if any. Buyer agrees that products Sold 1 i;.f , Hereunder-will not knowingly be resold or given in. sample form ,< do pdrsops using or proposing to usa the products for purposes;J td nocprtymendations given by DuPont or prohibited by; 3. Seller warrants that the use or sate of the products delivered; ; hereunder will not infringe the claims of any United ..States, patent covering the products themselves; but does not warrant" law,'but will be sold or given as samples only to persons who, ' iolhe opinion of Buyer, can handle, use and disposeof the ..--ducts-safely-.............. ................. y '.;; against infringement by reason of the use thereof in combination w>t.b other products or in the operation of any process. 11._ The Buyer-shall reimburse the-Seller for all taxes, (exctuding-income taxes) excises or other, charges which the Seller may ~ 4. Seiler warrants that all products delivered hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended. Be requited tdpaylo dny Government (National, State or Local) J upon the salej production or transportation of the products sold . T'hereup(iet>d,i. 'V-; ' .' .,,a '?,; a*. ' " ''ESfy-'y.'-f 'ir : ' v-T-, .. ! J > TYlfe 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 in case Seller shall have any doubt at any time as to Buyer's formance, directly or indirectly caused by circumstances beyond financial responsibility; SeHdr mdy decline to make further deiiv- the control of the party affected, including, but not limited to, Act ,, eries except upon security. of God, fire, explosion, flood, war, act of or authorized by any Government, accident, labor trouble or shortage, inability to -13. This agreementTs not assignable or transferable by either Obtain rtiaterial, equipment or transportation. Quantities so affected may bo eliminated from the agreement withoul liability, party, in whole or in part, except with the prior written consent of tno other party. but thb 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 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'anys,reason. Buyer will take delivery of and make payment tor sficij products as have been completed and such as are in process on the date notice of suspension or termination is r^ceivediKy'fleile^fprovided, fhat-if Buyer for any reason can- nofaccept d%v.ery of such' products, it will make payment there for aMtougMjeljveryitad made and Seiler will store such products for-. Buyer's account and at Buyer's expense. 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 berth parties. No modification shall ba effected by the .acknowledgement or acceptance of purchase order forms stipulating different conditions. Unless Buyer shall * ' "n-T ' * notify Seller in writing to the Contrary as soon as practicable after / u for snv.reason uu-iudino U;i'i not limited o ^prco 'MaiBute bc.tqys unaose :o,.sitpp,y;ne tore: semano so. p...r.o--u--u--vi* S.pwvij..... me products or paymts.u Use: uo.-.u ue sq.u :. *: -.c tv,-.:: s fiedX9rsto, Sellermay distribute its available supply among any . ' assent to the terms and conditions hereof. Waiver by either party or filpgnchasers^,as,%filJ as .departments and divisions Qf,$el!er, - ,of-any default by the other hereunder shall not be deemed a j>n"Spc|t,basts asdlmay deem fair and practical, withoufjllabjity , waiver by Such party ot any default by the other which may ^ot^Sfff^ifiMJw'^sSdSrmance .-which .may result therefrcirriT^ ; ^ thereafter occur., a* - V;.-' -. DUP050039534