Document 99pzLr1B3QKwaLwRZ26Yz28d5

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 1989$ U.S.A, INVOICE NO, . .1.7.5 0425105 CUSTOMER ORDER NO. _______________ _..INDENI_A3.32 .PT1 SOLD TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL S V ROAD GOREGADN (WEST) BOMBAY 400062 INDIA SHIP TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA Ol JAMIIIY UNI ( ESTATE ESTATE FKUUUU DU PONT ORDER NO. JBM M 31347 A00 SID NO. JBMM31347 FREIGHT TERMS VIA: OFP TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS AN Li UtbLKiF 1 LUN UNJ. 1 PrflCc 15000.00 KG 600 BAG 25 KG NET 2834 "II-PURE" RUTILE R902 W28 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D SSTINA1 ION INDIA. DIVERSION CONTRARY TO U S LAW IS PROHI BITED. "MERCHANDISE 0 r U S / ORIGIN" INSURE ALL RIS <S WHSE /WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMDUF S AND CO 1.60000 PAGE NO. 1 INVOICE DATE 04/29/92 PAYMENT TERMS SDDP ACCOUNT NO. X075660 DATE SHIPPED 04/29/92 SHIPPING WEIGHT 34990 4r ouur 24000.00 Buyer's acceptance of the goods covered by this Invoice shall constitute acceptance by the buyer of all terns and condition* of sale stated above and on the reverse side thereof. *DUPONT TRADEMARK TOTAL Bly 24000.00 i 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 YORKi, NY U.S.A. : S.W.I.F.T. CHASSUS 33: TELEX 125563: ACCOUNT OF E.I. 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. 00056824 COO 809 00 0430 2 0 XBA A 99 X4 7L  -e' STANDARD CONDITIONS OF SALE 't y : ; % i ;. Seller tna: the products Or materials (hereafter "pro ducts") delivered hereunder meet Seller's standard specifica tions tor 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 OB IMPLIED WARRANTY, EXCEPT AS PROVIDED IN CONDITIONS 3 AND 4 HEREIN. Buyer assumesall risk and liability resulting from use of the products delivered hereunder, whether used singly or id combination wish other products, 2, No claim of any .fond , whether as to .products .delivered or for nondelivery of products, and whether or not based on negli gence,, shall he greater in amount.than lha 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 3 waiver by Buyer of all claims in respect of such products. No charge or expense incident to any .claims will be allowed unless approved by an authorized representative of Seller. Products shall not be returned to Seller without Seller's prior permission, and `hen only in the manner prescribed by Seller. The remedy hereby provided shall be the exclusive and sole remedy of Boyer. In no event shall either party be liable for special, indirect or consequential damages, whether or not caused by pr resulting from the negligence of such party. 3, Seiler warrants that the use or sate of the products delivered hereunder win not infringe the claims of any United ..States patent covering the products themselves; but doss not Warrant' against infringement by reason ol the use thereof in combination with odier products or in the operation of any process. 4, Setter warrants that SI products tfofh'ored hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1.938. as amended. 5. No liability shall result from delay in performance or nonper formance, directly or inriit act ly caused fey circumstances beyond the control of the party affected, including, but not limited to, Act, Of God, tire, explosion, flood, war, act of or authorized by any , Government, accident, labor trouble or shortage, inability to ipbtaln material, 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 perform this ugi wnsn?. 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 fake delivery of and make payment for spch-products as have been completed and such as are in'procession the date notice of suspension or termination is rpceived^l^^etiar; prpyided, that Buyer for any reason cannofaceept dljlhrerydf soph products, it will make payment there for aS.though.deiiyery had been made and Seller wilt store such products for- Efo'yer's''account and at Buyer's expense! ? it-inr anv fansrtn inciixilriii r>u< 'v,i ilmiismi iO r.'XuU f-Lueui o .... befigtys pmgaie.iG^sgppiyrr.ia .tcial cemar- >,, t-, tiedherein, Sellermay distribute its Available supply among any prisil,purChaser^|KY/eff as;ci.epaftrrients and divisions of Seller,. . onYfochbasissas it'may doem fair and practical, wnhoufiiablSty which may result therefrom.-*-' 8. If any Government action should place or continue lirhitaii... tfons on the price provided fpr in this agreement.such that it" would be illegal or against public or Government policy for Seller' _ Y-' to charge, assess or receive the full amount of or to increase such prices as determined by this agreement, then Seller shalp-L * have the option (1) to continue to perform under this agreement*? ** " subject to such adjustments in pricesrtbat Seller may dWfh bec.Y essary to comply whh such Government action, (2) to revise this*1 ! 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 v*;'! without .liability for any damages. . '??>? 9. At Buyer's request. Salter may furnish; Such technical ' assistance and information as it has available with respect to the use of the products covered by this agreement. Unless othgt-.i, . wise agreed in writing, all such technical assistance matron will be provided gratis, and Buyer assumes sole'', responsibility for results obtained in reliance thereon. ' ,1. 10. Buyer acknowledges that it hasreceived and is familiar with Seiler's labeling and literature concerning the products sold hereunder and witi forward such information to its employees who handle, process or sell such products and customers of r such products, if any. Buyer agrees that products sold 11- , hereunder will not knowingly be resold or given in.sample fotm . to persons using pr proposing to use the products for purposes ; [. 'e^trary .to recorhmehdatipns given by DuPont or .prohibited by l" rj law, but will be sold or given as samples only to persons who, ' _ ^ in the opinion of Buyer, can handle, use and dispose of the pro- -',1^ ..ducts-safely-... ,..................................................... , ........ ,ifi '-'K ' /..' ''til : 'S:`-Z 11. The Buyer shali reimburse theSeiler for all taxes, (exetud-. " , irtg income faxes) excises or other charges which the Setter may <A- berequired to pay to 4fiy Government (National, State or Local) upon the sale, production or transportation of the products sold .. ' hereunder, f 12. Ip the event Buyer fails to fulfill Seller's terms of payment, or in case Seiler shelf have-.any doubt at any time as to Buyer's financial responsibility, Seller may decline to make further deliv eries br.satisfactory security. 13. This agreement. not assignable of transferable by either party, in v/hoje or in part, except with the prior written consent of the other party. 14. |n addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sate.set forth on the front of this invoice or in the current price fist tor the products sold hereunder shall apply and are incorporated by reference herein. f 5. This document, along with doetiments 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 cforchase older forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after recAint r.i rs,-,-:,, --.;.r r. , r,;;vf; r, .. ..m products p; payment v-oi srsasi oe uqc.vatxrx so p>s:; a assent tothte terms and conditions hereof. Waiver by either party of any default by the other hereunder shall not be deemed a , y/aiver by such party of any default by the other which may thereafter occur.. Y . , -; .-'I .. 'I'.., ..... . ; -iv'.'-c DUP050039494