Document 91eRv2oj1GREdowdDopyp218R

ORIGINAL E. I. DU PONT DE NEMOURS & CO. I DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A INVOICE NO, M73,0424566 CUSTOMER ORPER NO. i INDENT 4283 PT1____________________ DU PONT ORDER NO, JBM M 30998 A00 SOLD TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA ESTATE SID NO. JBMM30998 FREIGHT TERMS 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: GULFPO RT/EXPORT MS QUANTITY UNIT PRODUCT AND DESCRIPTION UNIT PPICE 104000.00 KG 4160 BAG 25 KG NET 2837 "TI-PURE" RUTILE R931 WO 1 **LETTER OF CREDIT INFORMATION** L/C #: 06070/92/000669 ADVICE #: DTC-92-00234 AMT: 332800.00 EXPIRE DATE: 05/06/92 -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 r U S / ORIGIN" INSURE ALL RIS <S WHSt /WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.60000 PAGE NO. I INVOICE DATE 0A/23/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X0 7566 0 DATE SHIPPED 04/23/92 SHIPPING HEIGHT 244304 AMJUIJT 166400.00 Buyer's acceptance of the goods covered all terms and conditions of sale stated by this Invoice shall constitute acceptance above and on the reverse side thereof. by the buyer of XDUP0NT TRADEMARK TOTAL ly 166400.00 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 125563s 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 0424 2 XBA A 99 X4 7L STANDARD CONDITIONS OF SALE 1. Seiler warrants that the products or materials (hereafter "pro S. If any Government action should place or continue limits1 . ducts") delivered hereunder meet Seiler's standard specifica lions on the price provided for in this agreement .such * tions for the products or such other specifications as may have been expressly agreed to herein: SELLER MAKES NO WAR RANTIES OF MERCHANTABILITY OK 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 Seiler ^ to charge, assess or receive the full amount, of pr to- increase,','' sueh prices as determined by this agreement,'then SeUensh^)//.' have the option (f) to, continue to perform under this agreement"-" subject to such adjustments in prices'that Seller may dedm nee-", essary to comply with such Government action, (2) to revise thfe 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 ciairn 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 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 infpN mation will be provided gratis, and. Buyer assumes sole Shari constitute a waiver by Buyer of all claims in respect of such responsibility for results obtained in reliance thereon. products. Np charge or expense .incident to any claims will be allowed unless approved by an authorized representative of 16, Buyer acknowledges that it has received and is familiar with Seller. Products shall not be returned to Seller without Seller'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 for 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 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... cgptrary Jo recommendations given by DuPont or prohibited byT' .3. .Seller warrants that the use or safe of the products delivered; '. law, feut will be sold or given as samples only to persons who, hereunder Will not patent covering the infringe products the claims of any United;.States themselves; outdoes not `Warrant "'`T--. it\the opinion of ducis-salaiy.,- Buyer, can handle, use and ...... . dispose.Of thepro___;.... against infriivaemenj by reason of the use thereof in combination . with other products or in the operation of any process. ; ' ilr;lD0':fitfy#-.6haft reimburse the'Seller for all taxes, (exclud' ipglncomf taxes) excises or other charges which.the Sailer may 1. Seller warrants that all products delivered hereunder wore produced in compliance with the requirements of the Fair Labor Standards Act of 1938. a$ amended. bb required to paylo briy Government (National, State or Local) , upon the safe: production or transportation of the products sold y' hereuhddN J:.. 12. In the event Buyer fails to fulfill Seiler's"terms of payment, 5. No liability shall result from delay in performance or .nonper or in-case Seller shii have any doubt at any time as to Buyer's formance, directly or indirectly caused by circumstances beyond financial responsibility, Seljar may decline to make further deliv* the control of the party affected, including, but not limited to, Act eries exeept-Upon receipt ofcash or satisfactory security. of God, fire, explosion, Hood, war, act of or authorized by any Government, accident, labor trouble or shortage, inability to obtain material, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, 13. This agreement & not assignable Of transferable by either party, in whole or In part, except with the prior written consent of the other party. ' but thp 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 ot 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 any.reason, Buyer will take delivery of and ,maka paymfegtfpr spch;productsas have been completed and such as are in process on the date notice of suspension or termination 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 is rfceive<^|^^eUerfprqy.ided, that/?. Buyer ter any reason can- modification thereof shall be binding on either party unless in not5SSapt;aai|iery`bf span products, it will make payment there writing and signed by both parties. No modificafian^shali be for a though'deUvery had been made and Seiler will store such effected by the acknowledgement or acceptance of purchase products-for Buyer's account and at Buyer's expense. ; - ' - `Nf.u'yvj'* ' . ' '-V' .' - . order forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary .as soon as practicable after t fnr r>n >/'rft incrVjrurv.s i-.iri>.uvfar *a mcriint n; ibis don.B-aen? n; )-?v, s-.-.r'-i ane. .CfcmariU su vfyuuv.s . me products or pay:i.t-..i mermc; or-.c:-: cc e its available supply among any ' asseht to thblerms and conditions hereof. Waiver by either party ."'(jOtany default by the other hereunder shall not be deemed a ` j waiver, by Such pahy of any default by the other which may rformanee which may result therefrom. r* thereafter occur. ; S r. ft DUP050039292