Document gaBo8oY15ZBYNvke14Dz9q2J

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) . DU PONT CHEMICALS WILMINGTON* DELAWARE 19S98 U.S.A. INVOICE NO, L73 0730000 CUSTOMER ORDER NO.______________________________________ ::;TNDEM/;436 9jg^ SOLD TO RAINBOW INK & VARNISH MFG CO LTD 133-C VAKOLA SANTACRUZ EAST BOMBAY 55 INDIA SHIP TO RAINBOW INK & VARNISH MFG CO LTD 133-C VAKOLA SANTACRUZ EAST BOMBAY 55 INDIA DU PONT ORDER NO. JBM M 32367 A00 SID NO, JBMM32367 FREIGHT TERMS VIA: PPD OCEAN FREIGHT SHIPPING TERMS CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS QUANTITY UNIT FRODUCT AND EECCRIFTICH ISP JS."lr"i11< |> ! ______________________________________________________________________________________________________________ UNIT f-ICE 6000.00 KG 240 BAG 25 KG NET 2837 "TT-PURE" RUTILE R931 W01 1.60000 9000.00 KG 360 BAG 25 KG NET 2832 "TT-PURE" RUTILE R900 W28 **LETTER OF CREDIT INFORMATION** L/C #: 1174/92/R/I84 ADVICE #: DTC-92-00879 AMT; 24000.00 EXPIRE DATE: 09/15/92 -THESE COMMODITIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE DESTINAT ION INDIA. DIVERSION CONTRARY TO U.S. LAW IS PROHIBITE D. "MERCHANDISE OF U S ORIGIN" INSURE ALL RISKS WHS fl/WHSE CERTIFIED TRUE AND C qRRECT. E.I.DU PONT DE ME HOUR S AND CO 1.60000 PAGE NO. 1 INVOICE DATE 07/16/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X695820 DATE SHIPPED 07/16/92 SHIPPING WEIGHT 34990 AMOUNT 9600.00 14400.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all tarns and conditions of sals stated above and on the reverse side thereof. *DUPQNT 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 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 C00 809 00 0717 2 XBA A 99 X4 7L STANDARD CONDITIONS OF SALE 1.. Salter that the products dr materials (hereafter "pro S. If any Government action should place or continue: limita ducts") delivered hereunder -meet SeiS&r's standard specifica tions on the price provided for in this agreement such. that it tions tor the products or such other specifications as may have would be illegal or against public or Goyefiimsntjdolicy'forSei&r 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. to charge, assess or receive the foil amount of or lo.increase, such prices as detenrilfied by this agreement, then Selfor; have the option (1) to continue to perform under thisagreemenh subject to such adjustments in prices-that Seiler may dediti nee-' essary to comply With sych Government action, (2) to revise thisA agreement, subject to Buyer's approval, in order to most nearly . accomplish the original intent of this agreement, or (3) to ter minate performance of the affected portions of the agreement 2. No claim of any kind, whether as in 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 die purchase'price of the products in respect et 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), 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 anti infor mation will be provided gratis, and* Buyer assumes sole', shaiti constitute a waiver by Buyer of all 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 Seiler's labeling and literafure concerning the products sold prior permission, and then only in the manner prescribed by hereunder and will forward such information to its employees Seiler. The remedy hereby provided shall be the exclusive and who handle, process or sell such products and customers of sole remedy of Buyer. In no event shall either party be liable for special, indirect or consequential damages, whether or not caused by r resulting from the negligence of such party. ; such products, if any. Buyer agrees that products Sold hereunder will not knowingly be resold or given in.,sample form ;to persons using or proposing to use the products for purposes contrary to recommendations given by DuPont or prohibited by,, 3. Seller warrants that the use or sale of hie products delivered hereunder will not infringe the claims ct any United ..States patent covering the products themselves: but does hoi Wafranr 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-----ducts, safely,... I;.-, ......... ................ .......... ..... ......... . against infringement by reason-of the use thereof in combination with other products or in the operation of any process. f 1., Jpe EipyeV' shaii reimburse the'Seller for all taxes, (exclud ing incornp faxes) excises or other charges which the Seller may 4. Seller warraius that all products iplh-gred .hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1933. as amended. be required to pay to pny Government (National, State or Local) upon the sale, production or transportation ot the products sold ' hereunder. f -L 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; of God, fire, explosion, flood, war, act of or authorized by any Government, accident, labor trouble or shortage, inability to (obtain material, equipment or transportation. Quantities so affected may b eliminated from the agreement without liability, 12. In the event Buyer fails to fulfill Seller's terms of payment, or in case Setter shall have-any doubt at any time as to Buyer's tihancial responsibility, Setter may decline to make further deliv- eries 6rsatisfactory security. 13. This agreement is not assignable or* transferable by either party,' in whqfe..;or in pari, except with the prior written consent of the other party, but the agreement shat! remain otherwise unaffected. Setter shall '.have no obligation to purchase supplies of the products specified herein to enable it ic perform this agreement. 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sale;set forth on the from of this invoice or in the current price fist for the products sold 6. If this figra&roent covers products that must necessarily be hereunder shall apply and are incorporated by reference herein. manufactured especially lor Buyer and is suspended or ter minated for any reason. Buyer will take delivery of and .make payment for sjic.hj products as have been completed anc; such as are in proeesfdn the date notice of suspension or termination is received^^elter: prciv.ided, thatif Buyer for any reason can not accepttpliyery df.sdbh products, it will make payment there. for as tboughideljve'ry.had been made and Seller will.store such products for Bijyer's'account and at Buyer's expense. 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 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 shail notify Seller in writing to the contrary as soon as practicable after t it- for anv-raasi-i.n ir'..';..ii.v; i,.,;r <iu to ,*' V c ri-.Bir,t ot this i-,.i--,,i ;u.i.-ij-rA . s&itefcfS, ,uo^qic.;c.fpi^tpiy .me total .aemanu \&. prucv.i* w, - r- .. .me products or payrcc:;; toereXi -snau-os i fied herein, Sbflerhnay distribute its Available supply among any assent to the terms and conditions hereof. Waiver by either party griatt purC^asers^iffi.-Weli as departments and divisions pf Satter,. any default by the other hereunder shall not be deemed a cri&ictv&a^isifal fomay-deem fair and practical, withouPlsitltlfy-. .'.yvaiver by Such party of any default by th,e other which may -->ix.j,-s--which.may-result therefrom-^ 1 thereafter occur. _ ' DUP050039633