Document jg2zr7N9aw455XJXRQ1GGM2gO

COPY E. I, DU PONT DE NEMOURS & CO. (INC.) KII.HZNGTON0,NOEu !w AREC19898 U.S.A. INVOICE NO. L.7-5- 0AZAA55. CUSTOMER ORDER KtO. J3ELZMRJ SOLO' TO PREMIER VINYL FLOORING 1 COMMERCIAL CENTRE SAFPARJANG DEV AREA NEW DELHI INDIA 11016 LTD SHIP TO PREMIER VINYL FLOORING LTD 1 COMMERCIAL CENTRE SAFDARJANG DEV AREA NEW DELHI INDIA 11016 QUANTITY UNIT BU MKT ORDER HO. JBM M 31394 AO0 SID NO. JBMM31394 FREIGHT TERMS VIAs PPD 0/F TO BOMBAY SHIPPING TERMS PAGE NO. I INVOICE DATE 04/14/92 PAYMENT TERMS 180 DDLC-U ACCOUNT HO. X679260 DATE SHIPPED Q4/14/92 SHIPPING HEIGHT 34990 CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS PRODUCT AND DESCKIPIIOM UNIT PRICE AMOUNT "PLEASE CHECK APL WHEN BOOKING" 15000.00 KG 600 BAG 25 KG NET 2889 "TI-PURE" RUTILE R103 W01 **LETTER OF CREDIT INFORMATION** L/C #: IFB/IB/91/00691 ADVICE #: DTE-92-02441 AMTs 24375.00 EXPIRE DATE: 05/15/92 -THESE COMMODI TIES A F E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION INDIA. DIVERSION CONTRARY TO U.S. LAW IS PR 0HIBITE D. 'MERCHANDISE O F U S ORIGIN" INSURE ALL RIS <S WHS 3/WHSE CERTIFIED TRUE AND C C R RECT. E.I.DU PONT DE NEMOUfl S AND CO 1.62500 24375.00 Buyer's acceptance of the goods covered by this Invoice shell constitute acceptance by the buyer of all terns and conditions of sale stated above end on the reverse side thereof. MJUPONT TRADEMARK TOTAL 24375.00 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. 00360598 COO 80 9 00 0415 XBA 99 X4 7L N36397 STANDARD CONDITIONS OF SALE ;. y- :`w ; .i-rit:3 ::-,iy product;: vi' materials (hereafter `'pro- a. if any Government action should place or continue limita due:;:") da;ivfi-B-d hiuounde: meet Seller's standard specifica tions on the price provided for in this agreement such that ft tions tor 'no products or such other specifications as may have been expressly agreed to heroih; SELLER MAKES NO WAR RANTIES OF MERCHANTABILITY OR FITNESS FOR A PAR TICULAR PURFOSE, OR AMY OTHER EXPRESS OR IMPLIED WARRANT'!', EXCEPT AS PFtQVIDED IN CONDITIONS 3 AND ' l Bayer assumes si! risk and Orb-fiy reeMilrg ham use 0; f!v< UA-du:::':- delivered 'nereunder, whqt'vsr jvicr: otoqly or in con bYei-on Airn r-tirsr projects. would be Illegal or against public or Government policy for Seller to charge, assess or receive tire foil amount of or to increase such prices as determined by this agreement,'then Seller stiallK have the option (1) to continue to perform under this agreement ' subject to such adjustments in prices that Setter may deem nec-. essary lc 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) to ter minate performance at the effected portions of the agreement 2 Mo ci.pm c* n:\ykinc-, nbeth&rss to pre-ducts deliver ad or tor without liability fa? any damages. i'!on.,jeii:e"y' or prodo.-.ts, and whether c-r not baaed on negli gence. slv-i! />,- rji'eaf.-i'' in amount thsr. the purchase price ot tbs products in respect of which damages h a claimed; and failure (0 give notice 0! c>,<rn within ninety (30) days from rial of deliv $. At Buyer's request. Seiler may furnish such iechnica! assistance and information as ft has available wim respect to the use of the products covered by this agreement. Unless etherwise agreed in writing, all such technical assistance and infor ery, or too rinw fitted tor delivery (in t`w case of nondelivery), mation will be provided gratis, and Buyer assumes sole shall cor-stitu.a a waiver by Buyor of ell claims in respect of such responsibility for results obtained in reliance thereon. products. No charge or expense incident to any claims will Ire aii.jv-'s.'i `.-vi j>y mt aufhorirod repmsenfafive of 10. Buyer acknowledges that it has received and is familiar with Sell;-:'. m-AA To r-haii not be rftturn&d to Soii&r without Salter's prior pennis: on, and liien only in the manner prescribed by Seller. Tba remedy Lai vovirieci shall be the exclusive and S-v'C . Buyer. . went sbali s;fher pa-'tv be liable for sperdJ. uvT'oct 0; - < - it?s* damages, whether or not cause-;! .tv or r-v-.MLng ihe negligence &f such party. 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, if any. Buyer agrees that products sold hereunder will not knowingly be resold or given in. sample farm . to persons using or proposing to use the products for purposes contrary to recommendations given by DuPont or prohibited by 3 3,ww?,:- tints !b;x ??> usu or cate of ms products delivered law,' but. wilt be sold or given as samples only to persons who. hereur-cyr p Ale of c -.tei not infringe *he claims of any United States irig the roodurts Uv.msfdvtte; hut doe.;, not warrant'"')' . ip the opinion of Buyer, can hancite, use and dispose of the pro- ducts .safely............................ ......................................... against mfi ii-g.mc:if by reason of the use thereof in combination v,:W ether c k Mmu ; ;.r In tin? operation of any process. ei-Rr :or:,,.'\ ;3-; f-'-ciecw riiiiee-e:: Ta; Minder w?.re produced in iMTipitenca with the requirements of the Fair Labor Standards Am ;:>f f-Xte as amended. '" IT: The Buyer shall reimburse the Seller for ail taxes, 'excludingincome taxes) excises or other charges which ihe Seller me / be required to-payTo any Government (National. Stale or Local) upon the sale, production or transportation of the products sold . hereunder. 5. No liability stmt! iwsuft from delay tn performance or nonper formance. direchy or .ndrocTy caused by circumstances beyond the control of the party affected, including, but not limited to. Act of God, fire, explosion flood, war! act erf c-r authorized by any Government, accident, labor 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 fail's to fulfill Seller's terms of payment, or in case Seiler shall'have any doubt'at any time as to Buyer's financial responsibility. Seller may decline to make funtier deliv eries except upon receipt ot cash or satisfactory security. 13. This agreement is not assignable or transferable by either party, in whoie or in part, except with the prior written consent of the other party. but the agreement shall ranwln aloMwtes unaffected Seiler shall have no obligation to purchase supplies of the- products specified horate to enable if to par'orm ntte en'eu'nsiX. 6. !)' this,agreement covers products that must necessarily be 14. in addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sale.ser forth on the front of This invoice or in the current pnee i'ist tor the products said hereunder shall apply and aie 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 such products as have beers completed end such as are in procession the date notice of suspension or termination is receivedibyjSeller; provided, that If Buyer for any reason cannof'accept dqWyery of such products, it wi make payment there for as though'cleiivery had been made and Seiler will store such products for Buyer's account and at Buyer's expense. ..fcDW.-/ it i.ir flnv.r iris';];. i;;"' 15. This document, along with documents specifically referred to herein, contains ail 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 dale and no modification thereof shall be binding on either party unlsss in writing and signed by both parties. No modification shall be effected by the acknowledgement cv acceptance of purchase order forms stipulating different contortions. Unless Buyer shall notify Seller in writing to the contrary sc soon as practicable after t cr, ., ^CSJCCjt: unaasc JIO izm Cy.'jUS':^ pfy*tr-ivfWv*; tied herein. SeUe>may distribute its available supply among any or al) purchasers,.as.fyetl as departments' and oivisions of .Geiter, pn'siicfi'ba$is as )tmay deem fair and practical, vhthouti'iabujty ,}^^fiit}fa*K(rfe cSformance which may result therefrdmT .tUC products 0: pay.'!:s.-.<'. hie-.oe =-y:;.e: Ai assent to the terms and conditions hereof. Waiver by either party of any'default by the other hereunder shall not be deemec a waiver by such party of any default by the other which may thereafter occur. DUP050039388