Document Mo7Kd26zvyEBgKQoo68pr5mOj

COPY E. I. DU PONT DE NEMOURS & CO. (INC.) U.S.A. INVOICE NO, -L.2.5- il 4Z456.7. CUSTOMER ORDER NO. -INDENT., ftg.9.5...PJ2. SOLD TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA ESTATE DU PONT ORpCIt NO. JBM M 310DO AO0 SID NO. JBMM31000 FREIGHT TERMS SHIP TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA QUANTITY U`Jir ESTATE FRUDUCI VIA: OFF TO BOMBAY SHIRRING TERNS CIF BOMBAY SHIP FROM: AND LlbSLKlPTlliN GULFPORT/EXPORT MS m UNII PRICE 104000.00 KG 4160 BAG 25 KG NET 2837 "TI-PURE" RUTILE R931 W01 **LETTER OF CREDIT INFORMATION** L/C #: 06070/92/000669 ADVICE #: DTC-92-00234 AMT? 332800.00 EXPIRE DATE: 05/06/92 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINAl ION INDIA. DIVERSION CONTRARY TO U S LAW IS PROH I BITED. "MERCHANDISE 0 F U S ORIGIN" INSURE ALL RIS KS WHS0 /WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CdRRECT. E.I.DU PONT DE NEMOUFS AND CO 1.60000 PAGE NO. 1 INVOICE DATE 04/20/92 PAYMENT TERMS SDLC-U ACCOUNT NO. XD75660 DATE SHIPPED 04/20/92 SHIPPING WEIGHT 244304 ..... jr""1-- -- AMOUNT 166400.00 Buyer's acceptance of the goods .covered by this invoice shell Constitute .acceptance .ley the buyer of all terns and conditions of sale stated above and on the reverse side thereof. *DUP0NT TRADEMARK TOTAL:;; 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 Y0RK NY U.SiA.: 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 80 9 00 0421 XBA 99 X4 7L STANDARD CONDITIONS OF SALE 1. Sailer warrants thatihe products or materials {hereafter "pro* ducts"} delivered hereunder meet Seller's standard specifica tions for ihe 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 WARRANT/, 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 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 (BO) days from date Of deliv ery, or the date fixed for delivery fin the case 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 allowed unless approved by an authorized representative of Seller. Products shot! not be returned to Seiler without Seiler's prior permission, and then only in the manner prescribed by Seiler. 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 or resulting Iran the negligence of such party. . 3. Seller warrants that the use or sate of the products delivered hereunder will not infringe the claims of any United .States patent covering the products themselves; but does ndt warrant' against infrin gement .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 the requirements of the Fair Labor Standards Act of 1938. as amended. 8. If any Government action should place-pr continue ^ lions on the price provided for in this agreement ssuch'th^m.'^ ^ * would be illegal or against public or Government policy for belter-' to charge, assess or receive the full amount of or fodnerea^^f/*' such prices as determihed by this agreement, then Seller sntjJJ-* have the option (t)-to continue to perform under this agree subject tp such adjustments in pricesThat Seller may dWi*h v'^ essary to comply with such Government action, (2) to revise thfe'^, ' agreement, subject to Buyer's approval, m order to most nearly k r accomplish the original intent of this agreement, or (3) to ter- ' v "f;f\minate performance of the affected portions of the agreement without liability for any damages. ' :r 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 a'wise agreed in writing, all such technical assistance and infor- mation will be provided gratis, and Buyer assumes sole \ responsibility for resufts obtained in reliance thereon. ' 10. 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, it any. Buyer agrees that products sold1'-,. hereunder will not knowingly be resold Or given in,sample form - ^ .to persons, using or proposing to uss the products forpurposes. r:, [, "cpfrftary to recommendations given by DuPont or prohibited byu'-qy _ law, but will be sold or given' as samples only to persons who," iriibe opinion Qf'Suyer, can handle, use and'dispose of the pro-' - ->h ,'P ' , .... ... ' ..., . '"'VL ' `"J,"'id, the Buyer shall reimburse tha^elier for all taxes, (exciud- v. iqg'incDme taxes) excises'or other charges which the Sailer may ' betequired td:pay%oShy Governmierit (National, State or Local) * uppn thd said; productiori or transportation of the products sold . hereuddeV. ^ v*. ' < . 5. No liability shall result from delay in performance or nonper formance, directly or indirectly caused by circumstances beyond 12. ip the event Buyer fails to fulfill Seller's terms of payment, "52* or irtcase Selfer shah havp> any doubt abany time as to Buyer's. flhtarfoiaLrdSponsibRlf^f Seltertnay dieiclinb to make further deiiv- the control of the party affected, including, but not limited to. Act , eries sxcggppgn receipt of cash or^atisfaqjqry security, gf Gpd, fire, explosion, flood, war, act of or authorized by any ;0pyernment, accident, labor trouble or shortage, inability to ..^^S^r.rtlBterial, equipment or transportation. Quantities' so ' affected may be eliminated from the agreement without liability, tSj/Tfiis agbemen^ not assignable drtransferable `by either,-,.. j partyy- in .whi|p:,0!r in part, except with the prior written consent of the other party; >. 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 agreement. 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sale^set forth on the front of this invoice or in the current price fist for the products sold 6. If th^mi^dnaent covers products that must necessarily be manufaeitii^d especially for Buyer and is suspended or ter minated for apjft,reason, Buyer will take delivery of and,make paymegtfor s&3,products as have been completed and such as are in proeess'pn the data notice of suspension or termination is r^qeived^^0feller,-,prpvided, thaWt Buyer for any reason can- nof^ejopt dq&^^yOf products, it will make payment there- . (or;,|^^gu*h^Sp|1very tfed been mad and Seller will store such ' .pri^pi*'f^^to^a^ccpuht and at Buyer's .expense.. hereunder shall apply and are incorporated by reference herein . 15. This dotumeot, 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 modification_shall be effected by the acknowledgement or acceptance of purchase ofder forms stipulating different conditions. Unless Buyer shall it. for anv-raason inciudina hot -nnod so*Fereo Majeure notify Seller in writing to the contrary as soon as practicable after reneir,* Of .this rfooumso* ,v : V.ivcr trio <..iv;-;' ", riCCuuta.idJ 0, towu dern&na iw prouucisspcM- ( me .products gr payment therefor snail ce equ-Vaiets tu pyr s [e^^disfribute its Available supply among any^-^fattent fot1&|rms and conditions hereof. Waiver by either party `l^^l'flasdepartments'.aoddivisionsOt^te^^.-j.' ^Slf any default by the other hereunder shall not be deemed a fair and pra^icaL'Withou^P|f/?^{J\yaiver by Itich pafty of any default by the other which may !*'Scr/i !._ nriayi/esult thexefr'TMo:<f'*'fr ^vstftereaftar pcctjr.,y' yj DUP050039278