Document G5wGOXqKz5ppq92qnpGrJNpY4

o fe cwaesi o g 5a, (J v. < Pi W 5 o E-i to 6 U 0 $ w I t> o u I DOCUMENTS TO BORDER BROKER ww | C QQ >a*; >a< g ww c/i D s IQ 2 O Qw 0 0 oi-9 GGQaa Q Qa Q a sow> CS JoUe>s oiuc>s otc>us o5wC>S oucs O>ucs eiuu>s O>ucs oucs es 2 0 2 uQu s U J 4 tJ h' 2 O S acwcss O accWss O C>O 5 u o s >? ixS o < o-->9 aa W E-- ua a, p s suaOsh 0 8I OUS 2 AO es &3 Ot o ps os gO 23 css es 2 Gu>, OH I cs 2 MH 2 3K OS O CO O oS o Oa a c I COPY E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DEl XWARE 19898 U.S.A. INVOICE NO. L73 0119302 CUSTOMER ORDER NO. INDE.MI-..AL6.5______ SOLD TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL ESTATE S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA SHIP TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA ESTATE LTM * * t ii * I KUDUL. DU PONT ORDER NO. JBM M 29771 A00 SID NO. JBMM29771 FREIGHT TERNS VIA: OFP TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROMr GULFPORT/EXPORT MS <IPTICN 104000.00 KG 4160 BAG 25 KG NET 2837 'TI-PURE" RUTILE R93I **LETTER OF CREDIT INFORMATION** L/C #: BYCB9187162 ADVICE #: DTE-92-00005 AMT: 166400.00 EXPIRE DATE: 03/16/92 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINAI ION INDIA. DIVERSION CONTRARY TO U S LAW IS PROHI BITED. "MERCHANDISE 0 F U S ORIGIN" INSURE ALL RIS KS WHS eJ/w h s e "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CORRECT. E.I.DU PONT DE NEMOUFS AND CO 1.60000 PAGE NO. 1 INVOICE DATE 01/22/92 PAYHENT TERMS SDLC-U ACCOUNT NO. X075660 DATE SHIPPED 01/20/92 SHIPPING HEIGHT 244304 166400.00 Buyer*, acceptance of the goods covered by this invoice shall constitute' acceptance by the buyer* of all terms and conditions of sale stated above and on the raversa side thereof. *DUP0NT TRADEMARK UpTOTAL 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.Tv 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 0203 XBA 99 X4 7L N36210.01 DUP050039025 STANDARD CONDITIONS OF SALE ; . ,,=. * ,,M -- V 1. Seller 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 o r 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 pontique flfhfti tions on the price provided for in this agreement.suph would be illegal or against public or GovernmentpoiidyfprG^ir"r-i- to charge, assess or receive the full amount "of or to tjvpreasd^* . 5,' such prices as determfried by this agreement? then SSfllat shall * Vi? have the option (1)to continue to perform under thisagreement; T subject to such adjustments in pricesrthat Seller may deetfiJitfe^, ^ essary to comply with such Government action, (2) to revise tfus v*' agreement, subject to Buyer's approval, m order to most nearly accomplish the original intent of this agreement, or (3) to ter minate performance of the affected portions 01 the agreement 3* Without liability for any damages. nondelivery of products, and whe'her or not based on negli gence, shall be greater m amount than the purchase price of the products in respect of which carnages are claimed; and failure to give notice of claim within ninety (90) days from date of deliv 9. At Buyer's request, Seller may furnish' such technical assistance and information as it has available with respect to the t ,, use of the products covered by this agreement. Unless- other- . wise agreed in writing, all such technical assistance and infor- '?' ery, or the date fixed for delivery (in the case of nondelivery), mation will be provided gratis, and- Buyer" assumes sole ...shall constitute a waiver by Buyer of all cteirnjs in respect of suph responsibility for results obtained in reliance thereon. products. No charge or expense incident-id 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 Seiler without Seiler's Seller's labeling and literature concerning the products sold prior permission, and then only in the manner prescribed by hereutider and will forward such information to its .employees Seller. The remedy hereby provided shall be the exclusive and who handle, process or sell such products and customers of , sole remedy of Buyer. In no event shall either party be liable for such products, if any. Buyer agrees that products Sold special, indirect or consequential damages, whether Or not Rerepndsr will not knowingly be resold or given in sample form ^ caused by or resulting from the negligence of such party. f .to persons using or proposing to use the products for purposes^''?; - ji't^if.far/ld recommendations given by DuPont orprohibited 3. Seiler warrants that the use or sale of the products delivered11 hiicerieBuunudceiir wmiull nuoyti imnfiriinygoe *t<hTMe cv ilcawimiicst ou if ac kniyj Uvmni>teodvf..vSntawtoes, l law/but wilt be Sold or given as samples only to persons who, io,the opinion of Buyer, can handle, use and dispose of the pro- rtiwbe Aafolu, - . 'xk patent covering the products themselves; but does'ftotTiSTfiSfit; .... - -*-** - - against infringement by reason of the .use .thereof in .conjbinaflbn v'rf*. jjiy^bafl reimburse the Beltajr for ait taxes, (excfad- with other products or in the operation of any process. in^^rtppmeTax^k) expisep or other charges which the Seller may k:"rf| 44.. Sseallielerr wwaarrrraanntsts thmaatt aalln pprroodduucctsts doeelinvvegreredo hneerreeuunndaeerrwweerree produced in compliance with the requirements of the Fair Labor* be' required toipayfo Government (National, State or Local) > yppn the'sale, production or transportation of the products sold, ' j Standards Act of 1938, as amended. 5. No liability shall result from delay in performance or nonper 12. Ip the event.Buye^ faufs to.fulfill Seiler's terms of payment, " or incase Seller sh^rhavfei-any'idoubt'at^ny time as to Buyer's' formance, directly or indirectly caused by circumstances beyond financial responsibility, Selijsr mdy decline to make farther deliv the control.of the party affected, including, but not limited to. Act" eries jexchpbupon receipt'of cash or.satisfactory security. pf God, fire, explosion, flood, war, act of or authorized by any , Government, accident, labor trouble or shortage, inability to ihbfdiq (material, equipment or transportation. Quantities so affected may be eliminated from lbs agreement Without liability, S .A'1. V - . ' >..d.T..-W ...'T.V 13.'This agrpefnenTfs not assignable of transferable by either. party, in whole or in part, except .with the prior written consent of the other party. , but tijp agreement shall remain otherwise unaffected. Seiler shay bavp 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 Safe,set forth on the front of this invoice or in the current price fist for the products sold 6. If thiei4aQrsdment 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'lrj^'reasoo, Buyer will take delivery of and jn^ke paymept.fer;.^b|;produets as have been completed and such as are in prodet^pin the date notice of suspension or termination is filceivedjM^ll^ffj^pvjSed, thayf Buyer for any reason cannot`WdeRf^^|.gPf^df& products, it will make payment there- .' for s^\hp4gl^'ft.e'ryii'ad been made and Seiler will store such T and at Buyer's expense, *- . ' -Kr-- - 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 both parties. No modificafionshall be effected by the acknowledgement or acceptance of purchase older forms stipulating different conditions. Unless Buyer shall notify Seller In writing to the contrary as soon as practicable after 7 it. for snv.reasbrt indiKilnn bull nfc fjrniifcti to Forcu Maieufe raceinf of this (tonemem nv fsuvev roe c:uyar** .iccenuinee tii agiy.ine total demand tc*; ptcfcucts.-.N*M:. .tpeproducts..or. payment tneretor snail tie squivahuti to,pyei * yfdjstfibut,e.T its A...v..a..i.l.a..b..l.e...s..u..p..p..l.y...among an,y , 'asselftstbStipTermS and conditions hereof. Waiver by either party ti^as departments and divis ons of Seilet, ^ '^<51 any default by the other hereunder shall not be deemed a fair and practical.,withcit^ifebiStv,j:' ,5.j.;raiver by such party of any default by the other which may may,r*8u(t ' DUP050039026