Document KG0YK8R8MB5eJy3dNRqzoXxkw

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON' DELAWARE 1989$ U.S.A. INVOICE NO. CUSTOMER ORDER NO. INDENT- 4.3 5 _ P.T3. SOLD TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA ESTATE DU PONT ORDER NO. JBM M 31349 A00 SlD NO. JBMM31349 FREIGHT TERMS SHIP TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA ESTATE VIAj OFP TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM**. GULFPORT/EXPORT MS QUANTITY UNIT PRDDUU AND ULL-LklF I ION UNIT PRICE 143000.00 KG 5720 BAG 25 KG NET 2837 "TI-PURE" RUTILE R931 WOl ' THESE COMMODI TIES AF. j E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA 1 ION INDIA. DIVERSION CONTRARY TO S LAW IS PROH IB ITED. "MERCHANDISE 0 F U S A ORIGIN" INSURE ALL RIS <S WHS fl/WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CORRECT. E.I.DU PONT DE NEMOUF S AND CO U 1.60000 PAGE NO. 1 INVOICE DATE 06/09/92 PAYMENT TERMS SDDP ACCOUNT NO. X075660 DATE SHIPPED 06/09/92 SHIPPING WEIGHT 335918 AMOUNT 228800.00 Buyer's acceptance of the goods covered by this .invoice shall constitute acceptance by the buyer of all tarns and conditions of sale stated above and on the reverse side thereof. *DUPONT TRADEMARK TOTAL 228800.00 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 TERNS 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.WiI.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, 00056824 COO 80 9 00 0610 XBA N36434 99 X4 7L s t an d ar d c o n d it io n s o f s al e 1. Seller warrants that the products or materials {hereafter "pro *. . rj . \.y 8. If any Government action should place or continue limits* 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 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 pr in combination with other products. tiohs on the price provided for in this agreement sixth thajftr' ? 1 would be illegal or against public or Government policy for Safe - to charge, assess or receive the. fuii amount of or to increase" * such prices as determined by this agreement, then Seller have the option (1) to continue to perform under this agreement' \ t subject to such adjustments in pricesrthat Seller may de&ri ,hec^_ f ') essary to comply with such Government action, (2) to revisethis : agreement, subject to Buyer's approval, in order to most nearly * .vi accomplish the original intent of this agreement, or (3) to ter- : ) minate performance of the affected portions Of the agreement 2. Mo 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 ihe purchase price of the products in respect of which damages are claimed; and failure to give notice Pi claim within ninety (90) days from date Of deliv ery, or the date fixed for delivery (in the ease of nondelivery), shall constitute a waiver by Buyer of all claims in respect of such products. No charge or expense incident to any claims will be 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. infqr(nation will be provided gratis, and Buyer assumes sole T.'"-y responsibility for results obtained in reliance thereon. allowed unless approved by an authorized representative of Seiler. Products shall not be returned to Seller without Seller's prior permission, and then only in the manner prescribed by Seller. Th.9 remedy hereby provided shall be the exclusive and sole remedy of Buyer. In no event shall either party be liable for special, indirect or consequantiai damages, whether or not caused by or resulting from the negligence of such party. 3. Seller warrants that the use or saie of the products delivered hereunder will not infringe the claims of any United .States, patent cover ing 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. 10, Buyer acknowledges that it has received and is familiar with Sailer'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 custorners of :; stich products, if any. Buyer agrees that products Sold , hereunder vyili not knowingly be resold or given in. sample form ; J . to persons using or proposing to use the products foj purposes 'j 'e'qhtrary to reCOftirnendations given by DuPont or prohibited by" 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- .ILL.:---------. ,.*rr.................................................................., .. ........... -jg IT ;, .. ^ ., . ' A'.?#; 1.L; The: Buyer shall reimburse the Seller for all taxes, (exekud- ingl'income taxes) sxcises'dr other charges which the Seller may -A- 4. Seller warrants that all products delivered hereunder were produced in compliance with the requirements of the Fair Labor' Standards Act of 1938, as amended, be required fopayto any Government {National, State or Local) upon the sale, production or transportation of the products soid . hereufidet-"-. , :-v ;.y -.'J ' : ' ' rTv. -.1 ' * ' . V'Tr; 5. No liability shall result from delay in performance or nonper formance, directly or indirectly caused by circumstances beyond the cqntrolof the party affected, including, but not limited to, Act of God, fire, explosion. Hood, war' act of or authorized by any . Government, accident, latter trouble or shortage, inability to ipbtaio .material, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, 12. In the event Buyer fails to fulfil) Seller's terms of payment. ' 'J Or in case Seller shall have any doubt at any time as to Buyer's financial responsibility, Selter mdy decline to make further deliv- '. eries 'exe&pLupon receiprtaf .cash or. satisfactory security. - -- K-.vl: . *:'V, ' r.y\ ' ' ! ' ' - ;.S.'iV . -'-''ijj 13.' This agreement? not assignable of transferable by either tjj party, in wTOfeor in part, except .with the prior written consent ,|3 ofthe other party; . - *`1 but the agreement shad remain otherwise unaffected. Seller shat!'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 Saie set forth herein, any Special Conditions of Sale;set forth on the front of this invoice or in the current price fist for ihe products soid 6. If thi?l,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 ajiyi.reason, Buyer will take delivery of and rn$tke payment for such products as have been completed and such as are in processipn the date notice of suspension or termination is r^ceiypd^^ellerfprovided, thatjf Buyer for any reason can- ndlScceptjd^fiyery-bf ?bch products, it will make payment there* for as^thougfcdeliveryhiad bqen.made and Seiler will store such ; prodt/qts fgLBuyer's account and at Buyer's expense. r *- f 'J* f 15. This document, along with documents specifically referred to herein, contains ai! 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 order forms stipulating .different conditions. Unless Buyer .shall notify Seller in writing to the contrary as soon as practicable after '/ ;+ for anv.reason ;r.oi:,r,ii-.o hut not wwicd r'yrcc Maieufe ScaeyS=,unaplC,:o^i{p,ply U'.S 1010; Cv;.'.a::u :Uf >1-"-;. <- ins products or pa-/n:fe.:t ruarevur i."j yqu.", :o s-.ry-'r i - Ledbarbin. 'daelle'c-Tnay distribute its available supply among any ' " asseht totb^terms and conditions hereof. Waiver by either party ' 5^s%^lfas departments and divisions of $elter, ' ,<if any default by the other hereunder shall not be deemed a i^SLrttaydeern fair and practical, withoupiag)jJty. -.waiver by Such party of any default by the other which may ^iSs^fbrmance'which.may result therefrdhv^ thereafter occur,. SipSpr#.:: i ,3f hjy DUP050039460