Document kDEkeq6ro7aDLxyBxzqqVO89D

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON* DELAWARE 19998 U. S.A. INVOICE NO. ...J.?5-fl42ftA55 CUSTOMER ORDER NO.___ :" DEL/808 SOLD TO PREMIER VINYL FLOORING LTD 1 COMMERCIAL CENTRE SAFDARJANG DEV AREA NEW DELHI INDIA 11016 SHIP TO PREMIER VINYL FLOORING LTD 1 COMMERCIAL CENTRE SAFDARJANG DEV AREA NEW DELHI INDIA 11016 DU PPNT ORDER NO. JBM M 31394 A00 SID NO. JBMM31394 FREIGHT TERMS VIA: PPD O/F TO BOMBAY SHIPPING TERMS PAGE NO. 1 INVOICE DATE 04/14/92 PAYMENT TERMS 180 DDLC-U ACCOUNT NO. X679260 DATE SHIPPED 04/14/92 SHIPPING WEIGHT 34990 GIF BOMBAY SHIP FROM; GULFPORT/EXPORT MS QUANTITY UNIT PRODUCT AND DESCRIPTION UNIT P1RICE AMOUNT "PLEASE CHECK APL WHEN BOOKING" 15000.00 KG 600 BAG 25 KG NET 2889 "TI-PURE" RUTILE RIO3 W01 **LETTER OF CREDIT INFORMATION** L/C #: IFB/1B/91/0069I ADVICE #: DTE-92-02441 AMT: 24375.00 EXPIRE DATE: 05/15/92 -THESE CQMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D E ST I NAT ION INDIA. DIVERSION CONTRARY TO U.S. LAW IS PR 3HIBITE D. "MERCHANDISE 0 F U S l ORIGIN" INSURE ALL RIS KS WHSE /WHSE CERTIFIED TRUE AND CC RRECT. E.I.DU PONT DE NEMOUF S AND CO 1.62500 24375.00 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 thereoft x d u po n t 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 809 00 0415 XBA 99 X4 7L V STANDARD CONPmONS O.F SALE 1. Se.'i&? snts that the products .or.mater.ials ^hereafter "pro 8. If any Government action should place or continue limits'- ^ ducts") delivered hereunder meet Seder's standard specifica tions for the products or such other specifications as may have tions on the price provided tor in this agreement such th$ jit" would be illegal or against public or Government policy for Sailer ' been expressly agreed to herein, SELLER MAKES NO WAR RANTIES OF me r c h a n t a b il it y o r f it n e s s f o b a p a r t ic u l a r PURPOSE, OR ANY OTHER EXPRESS OR IMPLIED w ar r an t y , ex c ept as pr o v id ed in c o n d it io n s 3 an d 4 HEREIN, Buyer assumes all risk and liability resulting from use of the products delivered hereunder, whether used singly cr in comb.inai.ien wish other products. to charge, assess or receive the full amount of or to increase, - such prices; as determined by this agreement, then Seller ; have the option (1) tp continue to perform under {^agreement-* " subject to such adjustments in pricesdhat Seiler may dedfn tieef', 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) to ter- , ; minate performance of the affected portions of the agreement; 2, No claim of any kind, whether as to products .delivered nr for without liability for arty da'msg&s. . \Y?*g nondelivery of products, and whether or no.t 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 (90) days from date of deliv ery, or the date fixed for delivery fin the case of nondelivery), 9. At Buyer's request, Seiler may furnish. Such technical assistance and information as it has available with respect to the i- ? use of the products covered by this agreement. Unless other wise agreed in writing, all such technical assistance and fhforTV-Y.. ' '(nation will be provided gratis, and Buyer assumes sole ;1, shall constitute a waiver by Buyer of all claims in respect of such responsibility tor results obtained in reliance thereon. - products, No charge or expense incident to any claim? wilt 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 Seiler's Seller's labeling and literature concerning the products sold prior permission, anti 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 of Buyer, in 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 handle, process a sell such products and customers of w.'I such products, If any. Buyer agrees that products sold `'-l hereupder will not knowingly be resold or given in, sample form ' ..to parsons using pr proposing to use the products for purposes^: to recornmertoations given by DuPont or pfobiffited by^' ^ 3. Seller warrants that the use or sale of the products delivered ; ;: law, tout wilt be sold or given as samples only to persons who, * ' it hereunder will not patent covering the infringe the claims of any United .States products themselves; but docs riot warrant")'; . >.-; . , v , -Yliaga inst infringement by reason of the use thereof in combination ip the opinion of Buyer, can handle, use and dispose of the pro- ducts-safely-................................. .-... . ___ .. ....... ..........Mi I t . , The Buyer; shall reimburse the'Seiler tor all taxes, (exclud- " with other products or in the operation of any process. ing income taxes) excises or other charges which the Seller may A 4. .Seller warrants that all products dslivgred .hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1933, as amended. bh required to payto any Government (National, Stats or Local) upon the sale, production or transportation of the products sold' ,. * hereunder.: - ' ' . , - I . 'M'VSf 5. No liability shall result from delay in performance or nonper 12. Ip the event Buyer fails to fulfill Seller's terms of payment,- ' or in case Seller shaft have any doubt at any time as to Buyer's formance, directly or indirectly caused by circumstances beyond financial responsibility, Seller may decline to make further deliv- the control ofthe party affected, including, but opt limited to. Act eries except upon receipttof.cash dr.sattsfactory security. Of God, fire, explosion, flood, war, act of tv authorized.by any . v -j '..v , v\ ..s.j .a;:,- "y t ' 1 *r-' ; j.Z.pCa .Government, accident, labor trouble or shortage, inability to 13. This agreement Ts not assignable or transferable by either .pbtain material, equipment or transportation. Quantities so party, in whole or in part, except .with the prior written consent ' *; affected may be eliminated from the agreement without liability, of the other party, v ^ but the agreement shall remain otherwise unaffected. Seller shall .have no obligation to purchase supplies of the products specified herein to enable it te perform this agteement. 6. If this agreement covers products that must necessarily be 14. In addition to the Standard Conditions of Sale set forth herein, any Speicial Conditions of Sale,set forth on the front of this invoice or in the current price fist tor the .products sold 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 15- This document, along with documents specifically referred to herein, contains ail of the terms and conditions with respect payment tor. sjfoijproducts as have been completed and such as to the sale and purchase of the products sold hereunder. These are in procession the date notice of suspension or termination terms and conditions supersede any of previous date and no is rqceived^^Qliefrpfbyided, thatJf Buyer for any reason can- modification thereof shall be binding on either party unless in ' npf'accept^pjjyery bf such products, it will make paymentthere- writing and signed by both parties. No modification shall be , for as though delivery had been made and Seiler will store such effected by the acknowledgement or acceptance of purchase products for EfugefVaccount and at Buyer's expense, Older forms stipulating different conditions. Unless Buyer shall notify Seller in writing to toe .contrary as soon as practicable after .if it- ;nr anv.reafmr, , r,. r rv,, ,,;i;,--; "j {'!& fS <Tm) i '< >>! i ? '!/* " /\ rAf'L'.rv J i'ii. Ji. Jit , . fie'tf-toerem, Seller toay: distnbute its available supply among any;; or'aIjpurcbasersVas.iveII as departments and divisions of GdJter, orTspch baSiV a's ft may deem fair and practical, withoutTfob^/ty' ' r-wtoich'.rriay-.wsult-tharrtf't&te*^-. . the proujuis p: paymem ttteretor stiaii ou . - v;;: to j. assent to the terms and conditions hereof. Vy'aiver by .either party ,,6f any default by the other hereunder shall not be deemed a j. ...waiver by touch party of any default by the other which may 1 thereafter occur.. DUP050039516