Document LJa7EBv6Y66mjmZkb02927jZ3

1 Hft Ot 3 tXw: &2 SCD r iim aOS' g u |a P awF- fwt wft O X wi~* wH >k* >a exwu cxwC cn 1 2O aw ID OCD >4 QQQQQPQQQQ bbbbbbbbbb CUWWUJWWWWWIP acaaaciKPSOicici ta o & Po S SU| wc/3 m tt K aw 2 SZ h CD & Om H o 2k j> >ci *ai. 3 h sb .i no gs? <) <) @ <) <> <> @ , u 8-3 ao 3 2B SQS2<ons 2 8vSCK 25 Pon~i 2 aHK M2 w 4 S8 ig COPY E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19998 U.S.A. INVOICE NO. J-X3j .ttl1950.1 CUSTOMER ORDER NO. INDENT.. 4164A, . 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 ESTATE S V ROAD GOREGAON (WEST) BOMBAY 40Q062 INDIA DU PQHT ORDER MO. JBM M 29772 A00 SID NO, JBMM29772 FREIGHT TERMS VIA: OFP TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM: PAGE MO. 1 INVOICE DATE 01/22/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X0.7 5660 DATE SHIPPED 01/20/92 SHIPPING HEIGHT 152690 65000.00 KG 2600 BAG 25 KG NET 2837 "TI-PURE" RUTILE R931 **LETTER OF CREDIT INFORMATION** L/C 8: BYCB9187163 ADVICE #: DTC-92-00002 AMT: 104000.00 EXPIRE DATE: 03/10/92 -THESE COMMODIFIES AR E LICENSED BY THE UNITED STATES FOR ULTIMATE DE STINAt ION INDIA. DIVERSION CONTRARY TO U S LAW IS PROHIJBITED. "MERCHANDISE 0f U S ORIGIN" , .. . INSURE ALL RISKS WHSR /WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CdRRECT, E.I.DU PONT DE NEMOURS AND CO 1.60000 104000.00 Buyer's acceptance of the floods covered by this invoice shall constitute acceptance by the buyer of sill terns and conditions of sale stated above and on the reverse side thereof** *PUP0NT TRADEMARK TOTAL 104000.00 BUYERTS 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-i':' 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 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 2 0 XBA A 99 X4 7L DUP050039074 STANDARD CONDITIONS OF SALE -.fy-tl ` 1. Seller warrants that the products Or materials (hereafter "pro 8, If any Government action should place or continue Jirhlfa-;,,, 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 lions on the-price provided for in this agreement sdeh would be illegal or against public or Government policy for S 4a - Ak'AirTiiK.' . AAAAAA : Ar a A It m fbiA .< ill a w i'a i A 'i.v'xf'.iliii.i M 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 ol the products delivered hereunder, whether used singly or in combination with other products. have the option (1)10 continue to perform under thisagreement' f, , subject to such adjustments in pricesthat Seller may dedrVi dec?5 t,\ essary to comply with such Government action, (2) to revise mTs'Y'w * agreement, subject to Buyer's approval, m order to most nearly ' accomplish the original intent of this agreement, or (3) to ter- 1 minate performance of the affected portions bf the agreement \ 2. No 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 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, Sellar 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 infer- y 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 at! claims in respect of such responsibility for results obtained in reliance thereon. products No charge or expense incident to 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 Seller without Seller's Seller'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 B uyBr. In no eve nt shall sit her party be liable .tot 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 - t such products, if any. Buyer agrees that products sold ' Vjj Hereunder will not knowingly be resold or given in sample form ' " j) -to persons, using or proposing to use the products for purposes^?!* t^irar/JO recommendations given by DuPont or prohibited 3. Seller warrants that the use or sale of the products delivered hereunder will not infringe the claims of any United ^States ; patent covering the products themselves; but doss not warrant" against infringement by reason of the use thereof in combination ,. faw^but will be Sold or given as samples only to persons who, Iqfhe opinion of Buyer, can handle, use and dispose of the pro-'; -._4qcts-safe)yi-- % ' td-. The ^dy^ishatl reifnburse the Seller for all taxes, (exclud- with other products or In the operation of any process, ingqilcome tax&s) excises or othercharges which the Seiler may 4. Seller warrants that all products delivered hereunder were produced in compliance with Ihe requirements of the Fair Labor Standards Act of 1938, as amended, be'requii'e& to;payJo an$ Government (National, State or Local) , 'upon thq sale, production or transportation of the products sold' ! hereunder*',- 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 faffs to fulfill Seiler's terms of payment, or in case Seller shall hava any doubt atany time as to Buyer's financial responsibility; Seiler may decline to make farther deliv eries exeep|-upon receipt'of cqsh or,safisfactory security, of God, fire, explosion, flood, war' act of or authorized by any (jqy.ernment, accident, labor trouble or shortage, inability to arSf-^C-s-'vft*, ' " , 13;'This agradmentlfe, not assignable or transferable by either. .;^bikig.::fnateria1, equipment or transportation. Quantities so partyj- in wrrafe ,or in paVi, except,-with the prior written consent^ affected may be eliminated from the agreement without liability, of the other plirtyo ; "T but the agreement shall remain otherwise unaffected. Seller shay 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 Salerset forth on the front of this invoice or in the current price fist for the products sold 6. If thi_,;ag|edment 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'arjij,f.easoo, Buyer will take delivery of and m^ke paymepyqr^dwPfftoucts as have been completed and such as are tn^jrode^&n .the date, notice of suspension or termination is r^ceivedM|^li4r;'pmyided, tha%H Buyer for any reason can- $$cK products, it will make payment there for a^'thou'g@ielivery.had been made and Seiler will store such : b?Bd^^rlQ^SMerVieccourit and at Buyer's expense, -'4;. 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 said 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 o/der forms stipulating different conditions. Unless Buyer shall . i" notify Seller in writing to the contrary as soon as practicable after 7 n tnr anv-rsasson sr.Rludinn bm not .limited to force Maieure racAint nf ibis ritv.iirr.arvr rw Haver tns Stiver's .iccerjlfince ai pqiiejkisj^naaie.tOjSUBgiyjne '.-o--r-a-:--a-o--m--.-a--n-a- to: *p.r.o..u..u.e..i.*...s. pov.'r ,a. ,,-* WfojRmibuuts or payn-e. tneretur sfuai us =. jjly-^isfribute its available supply among anySssbht tbthe terms and conditions hereof Waiver by either party "' departments and divisions of any'default by the other hereunder shall not be deemed a , ,,,,rri,fair and practical, J wwaiver by such party of any default by the other which may irmline^'wfticH may.result thervilj^reafter occur. tfSr,' < DUP050039075