Document QKNokgOg1wm2oM0yYYR0BZ9L

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) WILM:tN6T0Nj^DEUVW^RE C19898 U.S.A. INVOICE NO. L..7.5..flA26I23. CUSTOMER ORDER NO. JM>RJ._^23J- SOLD TO RAINBOW INK & VARNISH MFG CO 133-C VAKOLA SANTACRUZ EAST BOMBAY 55 INDIA LTD SHIP TO RAINBOW INK & VARNISH MFG CO LTD 133-C VAKOLA SANtACRUZ EAST BOMBAY 55 INDIA DU POMT ORDER NO. JBM M 31005 A00 SID NO. JBMM31005 FREIGHT TERMS VIA: PPD OCEAN FRIGHT TO BOMBAY SHIPPING TERMS CIF BOMBAY FROM: PAGE NO. 1 INVOICE DATE 04/06/92 PAYMENT TERMS 30 SDLC-C ACCOUNT NO. X695820 DATE SHIPPED 04/06/92 SHIPPING HEIGHl 34990 15000.00 KG 600 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 W28 **LETTER OF CREDIT INFORMATION** L/C #: 1174/92/R/8Q ADVICE *: DTC-92-00346 AMT: 24000.00 EXPIRE DATE: 05/15/92 -THESE COMMODI TIES AFjE LICENSED BY THE UNITED STATES FOR ULTIMATE DE STINAI ION INDIA. DIVERSION CONTRARY TO U.S. LAW IS PR 3HIBITE D. "MERCHANDISE 0 F U S / ORIGIN" INSURE ALL RIS <S WHSE/WHSE CERTIFIED TRUE AND CtRRECT. E.I.DU PONT DE NEMOUFS AND CO 1.60000 24000.00 acceptance of the goods eovtrtd by di invoice shell M^stXtutd aoodptanoa by the buyer of all tarns and conditions of solo stated above and on the reverse side thereof. *DUP6NT TRADEMARK.............. TOTAL 24000.00 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.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. 00081913 COO 80 9 00 0407 XBA 99 X4 7L N36356 STANDARD CONDITIONS OF SALE 1 Selim'srrems mat the products or materials {hereafter "pro ducts") delivered hereunder meet .'Seiler's standard specifica 8, If any Government action should place or. continue limits- '' tions on the price provided for in this agreement tsuph tions for Ihe products or such other specifications as may have would be illegal or against public or Government policy 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 H EREIN Buyer assumes all risk and liability resulting from use o! the products delivered hereunder, whether used singly or in combination witn other products. to charge, assess or receive the full amount of or fo fetpqprijj&3rj> such prices as determined by this agreement, then Setler.;slfelt||^.^k' have the option (1) to continue to perform under tfius agreernenr*'"T, " subject to such adjustments in pricesrthat Sellpr may dodm heef^ ,, essary to comply with such Government action, (2) to revise this":",., t 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 of the agreement up 2. No claim of any kina, whether as to products delivered or for without liabi'ity 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 OO) days from date of deliv 3. At Buyer's lequest. Seller may furnish such technical assistance and information as Jt has available with respect to the use of the products covered by this agreement. Unless otfffrwise agreed in writing; all such technical assistance and infor-) ery, or the dale 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 claims in respect of such responsibility for results obtained in relianceThereon. products. Mo 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 Seiler. Products shall not be. returned to Seller without Seller's . . Seller's labeling and literature concerning the products spid 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 ol Buyer, to 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. ' who haridie, process or sell such products and customers of such jijroducts, if any. Buyer agrees that products sold I* hereunder wifi not knowingly be resold or given in, sample form . to persons using or proposing to use the products for purposes 'csgjtrary to recommendations given by DuPont pr 3. Seller warrants (hat the use or sale of the products delivered law, 'put will- be bold or given as samples only tb pbf^i'nS who, V hereunder will not infringe the claims of any United . States iqthe opinion Of Buyer, can handle, use and dispose Of the pro- -C patent covering the products themselves; but does 'run''Warract~~' against infringement by reason of the use thereof in combination with other-products? or in the operation of any process. - ' duc-ts-safely-- ; u_.-.......--..... ____________' .... --;___J 'W '-.k" , .. 11. . The Buyer shall reimburse the'Belier for all taxes, (exclud ing income taxes) excises or other charges which the Seller may be required to payto any Government (National, State or Local) 4. Seller warrants that .ail products delivered hereunder were ... upon the sale, production or transportation of the products sold _ produced in compliance with the requirements of the Fair Labor ' hereunder, v- '"< . , Standards Act of 1933, as amended. 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 gf God, fire, explosion, flood, war* act of or authorized by any Government, accident, labor trouble or shortage, inability to f-vgbtsin material, equipment or transportation. Quantifies so affected may be eliminated from the agreement without liability, 12. In the event Buyer fails to fulfil! Seltei's terms of payropht, or ire case Seller shall have- any doubt at.any time as to Buyer's financial responsibility, Seller may decline to make further deliv,, pries pxeepj-upon receipt of cash orAsatisfactory security. ' \l > rt3. This agrgdmanfS not assignable W transferable by either party,' in wttfe or id part, except .wit'h tfie prior written consent 4 `Jfy of the other party;;-^ but pie agreement shad remain otherwise unaffected. Seller shay .have no obligation to purchase supplies of the products .specified herein to enable it to perform this agreement. 6. If this agreement covers products that must necessarily be 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sai^set forth on the front of this invoice or in the current price fist for the products sold hereunder shall apply and are incorporated by reference herein. manufactured especially for Buyer and is suspended or ter minated for arf reason, Buyer will take delivery oi and make payment torspeft products as have been completed and such as are in procession, the date notice of suspension or termination isr,qceived.^^blfeii,;fprovided, thatJf Buyer for any reason cann^.acdspt,ip|^ej0fTsfSfuyt products, it will make paymentthere- . b$en made and Seller win store such ' i prbd'fiEffe'fbr'^rerts^ccourit and at Buyer's expense. .W 7 it- fnr anv.reason inciiiam.n pyi aot 'limited t(FForcu Mai&ure 15. This document, along with documents specificaBy 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 jwifchase qfder forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after mr.Aint nf thtK riooirri^r.r rw Biivru- fr.A ru Ar'j:nc<tcir:C:i> rj 4si^W?.ti.D%bbvjpTp|ffl8.ty.4fis. total .cemana i.or pret*s> .. products or payrj;or?.t :'n.eretcf orwi'i'm equvaWrrt iu fied^Vejp,'`^T]eytnky-'djsfrtbut> its available supply among any } -v*fea_szsilentXto'iibtbh. e^ itLe. ,,rmsan_dr -conditions hereof. Waiver by either party gf^fi__gUj^<^r|j^^fi:as'departmentsanddivisiortspf^Jpf,;-`- > default by the other hereunder shall not be deemed a far and practicalKwrthoi|^^^jy> "4.stiver by .Such party of any default by the other which may vtofcriiniiiy waul* Sprouter fcccur.., ' ........... m---inimi "*'v " " " ** iMF' DUP050039312