Document 7kNBX0R0KyRvpbJ21ELK7MDB

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS. WILMINGTON, DELAWARE 19898 U. S.A. INVOICE NO. _ _LT. 3. .0 6.2 8 8,32 CUSTOMER ORDER NO. INDENT DEL/834 SOLD TO PREMIER VINYL FLOORING LTD 1 COMMERCIAL CENTRE SAFDARJANG DEV AREA NEW DELHI INDIA 11016 SHIP TO PREMIER VINYL FLOORING LTD 1 COMMERCIAL CENTRE SAFDARJANG DEV AREA NEW DELHI INDIA 11016 QUANTITY UNIT SU PONT ORDER NO. JBM M 32300 A00 SID NO. JBMM32300 FREIGHT TERMS VIA: PPD O/F TO BOMBAY SHIPPING TERMS PAGE NO. 1 INVOICE DATE 06/26/92 PAYMENT TERMS ISO DDLC-U ACCOUNT NO. X679260 DATE SHIPPED 06/26/92 SHIPPING HEIGHT 34990 CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS FRODUCT 0Nr DbSLRIHiUN UNI 1 FRILL AHUUH1 "PLEASE CHECK APL WHEN BOOKING" 15000.00 KG 600 BAG 25 KG NET 2889 "TI-PURE" RUTILE RI03 W01 **LETTER OF CREDIT INFORMATION** L/C #: FLC1802038892 ADVICE #: E-65265 AMT: 24903.13 EXPIRE DATE: 07/15/92 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION INDIA. DIVERSION CONTRARY TO U.S. LAW IS PR OH IBITE D. "MERCHANDISE 0 F U S / ORIGIN" INSURE ALL RIS <S WHSE /WHSE CERTIFIED TRUE AND C RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.62500 24375.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all terms end conditions or sale stated above and on the reverse side thereof. *DUPONT TRADEMARK TOTAL |!^ 24375.00 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 YORKJ 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. 00360598 COO 809 00 0629 2 0 XBA A 99 X4 7L STANDARD CONDITIONS OF SALE . V v'v"` 1. Seller warrants that the products or materials (hereafter "pro 8. If any Government action should place or continue limits-.... ducts") delivered hereunder meet Seller's standard specifica tions pn the price provided for in this agreement such thajlt ' ' tions for the products or such other specifications as may have would be illegal or against public or Government policyforGelfer - - s 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 Seller shall;?, ,, ,, have the option (1) to continue to perform urider this agreement .subject to Such adjustments in pricesihat Seller may dedm tiec; essary to comply with such Government action, (2) to revise this " * agreement, subject to Buyer's approval, in order to most nearly ` : v accomplish the original intent of this agreement, or (3) to ter minate performance of the affected portions of the agreement -dj 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 pt 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 fin the case o? nondelivery), shafi constitute a waiver by Buyer of all claims in respect of such 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- otherwise agreed in writing, ail such lechnicai assistance and. infor-' /nation will be provided gratis, and: Buyer assumes sble 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 Seiler. The remedy hereby provided shall be the exclusive.and sole remedy ot 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. hereunder and will forward such information to itsiemplqyees 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 fbirn ..to parsons,using or proposing to use the products for purposesk "'Oqhfrar^ jb rfcd'mrnendations given by DuPont or prohibited by^ __ 3. Seller warrants that the use or sate of the products delivered law, but will be sold or given as samples only to jdei'spns who, " hereunder will not infringe the claims of any United States patent covering the products themselves: but does not Warrant" against infringement by reason of the use thereof in combination lathe opinion of .Buyer, can handle, use and dispdseof the pro- __ducis-safe)y_-....... --____ ........................,, ^ ; . --Sk; ; llv The giSyeh'shail reimbbrse the Seller for all taxes, (excfod- with other products or in the operation of any process, ingirtcomo taxes) oxpfees or other charges which the Seller may - '>?.' 4. Seller -warrants that .all products delivered hereunder were produced in compliance with the requirements of the ..Fair Labor Standards Act of 193S, as amended. Be requireS.to:payto ahy Government (National, Stale or Local) . upon the sale, production or transportation of the products sold . ;T` hereunder...^ ... 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; of God, fire, explosion, flood, war, act of or authorized by any , Government, accident, labor trouble or shortage, inability to obtain thaterial, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, but the agreement shall remain otherwise unaffected. Seller shall have no obligation to purchase supplies of the products specified herein to enable it to perfor.ro this agreement. .. 6. If this.agr&eTnent 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 such products as have been completed and such as are in process on the date notice of suspension or termination is received by Seller provided, that.if Buyer for any reason can not accept fteliyery-of such products, it will make payment there for as though-delivery had been made and Seller will store such : products for Buyer s account and at Buyer's expense. *. t P -<t r -) mv raa.-x i i ino but >*n iimtuxi io Tarsu ivfoieurfe 12. in the event Buyer faifs 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 farther deliv eries except upon receipt of cash dr.satisfactory security. f-'y-'. l-xr-li'. ]' i.-LX#.. . " ?* TV' '. .V.J 1*3 -'T-ifs"--.,' '.,.v si 13^ This agraemenffismot assignable or transferable by either. A party,- in whoiei. or in part, except with the prior written consent of the other party.' , . 14. In addition to the Standard Conditions of Sale set forth herein, any Special Cono'fiions of Saie^set forth on the front of this invoice or in the current price fist for the products sold hereunder shaft apply and are incorporated by reference herein, 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 writing and signed by both parties. No modification shall be effected by the acknowledgement or acceptance of purchase aider forms stipulating different conditions. Unless Buyer shall ribtity Seller in writing to the contrary as soon as practicableaftor rncsirrf ,'U mi:-; d;v:,\\ '":,\ bc;:er,,js unaoic.to^p^ppiy tno iij u u .cemasfo ax prpuu-.i* spw.<fiedh`eVein;^1).e'^ray .distribute its available supply among any ' i v ^v ^a VI rvi irta'-h 11 /> n'cindriimAnfe ix ilrf rt h/idflrtCiAf lf- War-mancer which may result therefrdmr-T .tits, products or paynite.u bierpior cnar. :.; vq.u-v-ii-.vis .re tvyv. s " asse'nt tb theterms and conditions hereof. Waiver by either party . df ^ny default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may thereafter occur.. SlHESisS! DUP050039600