Document emMVa6G7vNyvLajndq8v476ZE

ORIGINAL E. I. DU FONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. CUSTOMER ORDER NO, i>U PONT ORDER NO. JBM M 32509 A00 SOLD TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL ESTATE S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA SID NO. JBMM32509 FREIGHT TERMS SHIP TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA ESTATE VIA.* OFP TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS 0JANT11Y UNIT ' PRODUCT ANO DESCRIPTION UNIT PRICE 20000.00 KG 300 BAG 25 KG NET 2834 "TI-PURE" RUTILE R902 W28 -THESE COMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION INDIA. DIVERSION CONTRARY TO U S LAW IS PROH I BITED. "MERCHANDISE 0 F U S / ORIGIN" INSURE ALL RIS KS WHSE /WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND C( RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.60000 PAGE NO. 1 INVOICE DATE 07/29/92 PAYMENT TERNS SDDP ACCOUNT NO. X075660 Ga t e s h ip p e d 07/29/92 SKIPPING h e ig h t 46520 AMOUNT 32000.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all terns and conditions of sale stated above and on the reverse side thereof. *BOFONT TRADEMARK TOTALS: $ 32000.00 BUYER'S ACCEPTANCE OF GOODS COVERED BY THIS INVOICE CONSTITUTE ACCEPTANCE OF ALL TERMS AND CONDITIONS OF SALE STATED ABOVE AND DN 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 QUR 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 0730 2 0 XBA A 99 X4 7L N36512 STANDARD CONDITIONS OF SALE ;; . ^ i - 1'><'" 1. Seller warrants that the products or materials (hereafter "pro 8. If any Government action should place or continue limits- . ducts") delivered hereunder meet Seller's standard specifica lions oil the price provided for in this agreement such thaflt 4 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 or in combination with other products. would be illegal or against public or Government policy for Seiler'- ' to charge, assess or receive the. full amount of or to increase^' such prices as determined by this agreement, then Seller shall t have the option (1)~to continue to perform under this agreement-' \ ; subject to such adjustments in pricesrihat Seller may dedm Hec- essary to comply with such Government action, (2) to revise this agreement, subject to Buyer's approval, in order to most nearly accomplish the original intent of this agreement, or (3) td ter minate performance of the affected portions Of the agreement ^ 2. No claim oi 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 the purchase' price of Hie products in respect of which damages are claimed; and failure to give notice of claim within ninety (90) days from date of deliv ery, or the date fixed for delivery (in 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 9. At Buyer's request, Seiler may furnish such technical assistance and information as it has available .with respect to the - use of the products covered by this agreement. Unless- pthef-'. wise agreed in writing, all such technical assistance and infqir- :P' " (nation will be provided gratis, and Buyer'assumes sole y, respoftSibilrty for results obtained in reliance thereon, y 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 prior permission, and then Only in the manner prescribed by Seiler. The remedy hereby provided shall be this exclusive and sole remedy of Buyer. In.no event shall either party be liable for special, indirect or consequential damages, whether or hot caused by or resulting from the negligence of such party. Seiler'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 stich products, if any. Buyer agrees that products sold ' hereunderwill not knowingly be resold or given in, sample form _ \tq person'sVusing or proposing to use the products for purposes^'- \ ' "'cqhtrary to recommendations given by DuPont or prohibited byt 3. .Seller warrants that the use or sale of the products .delivered [ law,'but wili.be sold or given as samples only to persons who,' - hereunder will patent covering not the infringe products the claims of any United.States themselves; put does not warrant' m,the opihidn of .Buyer, can handle, use and dispose ----- -.ducts-safeljfe--.--------------- ...... ................ L ' `Lp . ''5* - . of the pro....____ % against infringement by reason of the use thereof in combination with other products or in the operation of any process. - f ` il; Jhe ^u^shall reimburse the 'Seiier for all taxes, (excludV ingincome ta>5es) excises or other charges which the Seller may be required tidpayio any Government (National, State or Local) 4. Seller warrants that ali products delivered hereunder were , upon the sale, production or transportation of the products sold . produced in compliance with the requirements of the Fair Labor - Standards Act of 1938, 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; ' pf God, fir, explosion, flood, war, act of or authorized by any Government, accident, tabor trouble or shortage, inability to Obtain ( material, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, 12. In the event Buyer fails to fulfill Seltof's terms of payment, ' "J or in case Sellar shall have any doubt atany time as to Buyer's financial responsibility, Seltdr may decline to make further deliv- pries i^satfetfstoy security. . ::t3."Thi's agrpement-lk not assignable of transferable by either * IT if party,- in whdia .or in part, except .with this prior written consent ',|t of the other party.; : \'*j but the agreement shall remain otherwise unaffected Seiler 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 Saiq.set forth on the front of this invoice or in the current price list for the products sold 6. If lhi$i,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'any reason, Buyer will take delivery of and make payment tor sijfejj products as have been completed and such as are in procession the date notice of.suspension or termination is received,Jjy'.Seller; provided, that-if Buyer for any reason can- nof'SCcept tfbperytof sUch produc ts, it will make payment there for as'thoughidelivery had been made and Seller will store such products fqriBtfyer's account and at Buyer's expense. .... . A-??-* mil ... * *`Y .. V it (nr anv.reasort .ir.ciiidirn'i ;,.,i li.-tiijn-s fcj To i'Cu Maieure 15. This document, along with documents specifically referred to herein, contains all of the ternis 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 unfsss 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 .-nr.Air.i nr this mvNii.-.m.t n, i%-f.uj.u's .iccn-;,):,-;.: r.i C.e.!:qrf,is unauic.ic,suppiy .ir;c- tstc; .sssmarto rur prpuucis , we products.u; payms.u tueraver crtai; uc -uquo.-XM ;; s fled here in .'`fellei-'h'iay distribute its Available supply among any asse'rittb tho.terms aod conditions hereof. Waiver by either party any' default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may thereafter occur,. DUP050039653