Document BR7vZ71NOgqy4D53xy6aovER4

ORIGINAL I. DU PONT DE NEMOURS & CO, (INC.) DU PONT CHEMICALS WILMINGTON* DELAWARE 19898 U.S.A. INVOICE NO, _ L73..-J 6 2-8.535 CUSTOMER ORDER NO. ; INDENT DEL/S40-il SOLD TO SPECTRUM PAINTS PVT LTD CI/106 LAJPAT NAGAR NEW DELHI 110 024 INDIA SHIP TO SPECTRUM PAINTS PVT Cl/106 LAJPAT NAGAR NEW DELHI 110 024 INDIA LTD (JUAN 111Y UNIT DU PONT ORDER NO. JBM M 32166 ADO SID NO, JBMM32166 FREIGHT TERMS VIA: PPD OCEAN FREIGHT SHIPPING TERMS DES BOMBAY SHIP FROM: GULFPO RT/EXPORT MS PKCUUCI ANU ULSLMH1UN UN11 HilLh 5000.00 KG 200 BAG 25 KG NET 2834 "TI-PURE" RUTILE R902 W28 **LETTER OF CREDIT INFORMATION** L/C #: LCFEBKR129293 ADVICE *: DTE-92-03743 AMT: 8125.00 EXPIRE DATE: 06/30/92 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION INDIA. DIVERSION CONTRARY TO U.S. LAW IS PR OHIBITE D. "MERCHANDISE 0 F U S / ORIGIN" INSURE ALL RIS <S WHSE /WHSE CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.62500 PAGE NO. 1 INVOICE DATE 06/25/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X789420 DATE SHIPPED 06/25/92 SHIPPING WEIGHT 11630 e^miinixKKl :naa jijipjt: AMOUNT 8125,00 Buyer's acceptance .of the goods covered by this invoice shall constitute acceptance by the buyer of all terns and conditions or sale stated above and oh the reverse side thereof. x d u po n t t r ad emar k TOTAL 8125.00 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 FDR 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.Tv CHASSUS 33: TELEX 125563 s 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. 00419937 COO 809 00 0626 2 0 XBA A 99 X4 7L STANDARD CONDITIONS OF SALE 1. Seiler warrants that the products Or materials (hereafter "pro ducts") delivered hereunder meet Seller's standard specifica tions for the products or such other specifications as may have been expressly agreed to herein., SELLER MAKES NO WAR RANTIES o f me r c h a n t a b il it y OR f it n e s s f o r a p a r t ic u l a r 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. 2. No claim of any kind, whether as to products delivered or for 8. If any Government action should place or continue limits- fipns on the price provided for in this agreement suph thft|,rt` ' , would be illegal or against public or Government policy forGefler' -r - - to charge, assess or receive the full amount of or to increase , such prices as determined by this agreement, then Seller stfell * \ , * have the option (1) to continue to perform under this agreement- ` ; subject to such adjustments in prices'that Seller may dedm nec; essary to comply with such Government action, (2) to revise tills * * ^ agreement, subject to Buyer's approval, in order to most nearly ' accomplish the original intent of this agreement, or (3) td ter- minate performance of the affected portions of the agreement f? 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 (90) days from date of deliv ery, or the date fixed tor delivery (in the case of nondelivery), shall constitute a waiver by Buyer of all claims in fespect of such products. No charge or expense incident to any claims will be .allowed unless approved by an authorized representative of Seiler. Products shall not be returned to Seller without Seiler's prior permission, and then only in the manner prescribed by 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,. , 3. Seiler warrants that the use or sale of the products delivered hereunder will not infringe the claims of any United.^States 3. At Buyer's request, Seller may furnish such technical assistance and information as il 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 infer- ? mation will be provided gratis, and- Buyer assumed sole responsibility for results obtained in reliance thereon. - , 1 ->. id. Buyer acknowledges that it has received and is familiar with Seller's labeling and literature concerning the products sold hereunder and will forward such information to its employees who handle, process or sell such products and customers of such products, If any. Buyer agrees that products sold - >f hereunder will notknowiogly be resold or given in. sample form ; .to persons using or proposing to usa the products for purposes ` ^ contrary tdfeeordmendattons given by DuPont or prohibited by,V,,\4 \ law,'but will be sold dr given as samples only to persons who, in the opirildn of Buyer, can handle, use and dispose of the pro- ~ ^ patent covering the products themselves; but does not warrant ~ against infringement by reason of the use thereof in combination with other products or In the operation of any process. . 4. Seller warrants that all products delivered hereunder were produced in compliance with she requirements of the Fair Labor1 Standards Act of 1938, as amended. ."iS&K X',- 1,1.. The ^tiy^sbali reimbursetheiSeiler tor all taxes, (exctpd- . in'g-incomo taxes) excises or other charges which the Seller may -f.: be required topayloony Government (Maiional, State or Local) upon the safej productiori or transportation of the products sold / ' ' hereunder.A.- , .. c'J 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; 12. In the event Buyer fails to fulfill Seiler's'terms of payment, or in case Seller shall have any doubt at,any time as to Buyer's financial responsibility, Self&jr may decline to make further deiiv- pries except upon security. _ qf God, fire, explosion, flood, war, act of or authorized by any , Government, accident, labor trouble or shortage, inability to pbta'ip 'material, equipment or. transportation. Quantities so affected may be eliminated from the agreement without liability, but the agreement shafl remain otherwise unaffected. Seller shall .have no obligation to purchase supplies of the products specified herein to enable it tc perform this agreement. : i3L This, agrpemept'Ts pot assignable Of transferable by either party,- in whdle 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 Conditions of Saie,set forth on the front of this invoice or in the current price fist for the products sold f| 6. If this .agreement covers products that must necessarily be hereunder shall apply and are incorporated by reference herein. manufactdrisci especially for Buyer and is suspended or ter minated for `arty! reason, Buyer will take delivery of and .mate payment tor spe| products as have been completed and such as are in procesipn the date notice of suspension or termination is;gi&eived^|^^ll|ffimrkied, that.ft Buyer for any reason cannpfSCcept ^f^br^tef sutfi products, it will make payment there for asfthoughjienvery had been made and Seller will store such p76dl$s'fprj$jjyer`s account and at Buyer's expense. / if.for anvYeastw ir-chidhx: -nut tv2 limited iy*Fprcu tnaieuife .toua^s.un.ab.te.to.^st^piy.trio tour semano its prwuuute fied^dreih.'fellSpjpay distribute its available supply among anyor-yuiMri Wiu!cinh<5 nf Seller 15. This document, along with documents specifically referred to herein, contains all of the terms and conditions with respect tc 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 order forms stipulating different conditions. Unless Buyer shall notify Seller In writing to the contrary as scon as practicable after life products or paymferu uisvoicr snuit oa sq-un :<,, :v;ii s 'asseint td the terms and conditions hereof. Waiver by either party Of qny default by the other hereunder shall not be deemed a waiver by such party ot any default by the other which may thereafter occur,,; ... JUS-:;. DUP050039568