Document r1egK6wGOgj948OD4JXbQwn7

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. L75 0526017 CUSTOMER ORDER NO. j?.J\iJ22te5>X. SOLD TO ASIAN PAINTS (NEPAL) GYAN CHAMBERS KALIMATI KATHMANDU NEPAL PVT LTD SHIP TO ASIAN PAINTS (NEPAL) GYAN CHAMBERS KALIMATI KATHMANDU NEPAL PVT LTD QUANTITY UNIT DU PONT ORDER NO. JBM M 51750 A00 SID NO. JBMM31750 FREIGHT TERMS VIA; PPD O/F TO CALCUTTA SHIPPING TERMS CIF CALCUTTA SHIP FROM : GULFPORT/EXPORT MS PRUUU'JI AM] UiiSLh J F 11UN UNIT KK'ILt 5000.00 KG 200 BAG 25 KG NET 2837 "TI-PURE" RUTILE R931 WOl 250,00.00 KG 1000 BAG 25 KG NET 2832 "TI-PURE" RUTILE R900 W28 **LETTER OF CREDIT INFORMATION** L/C #: NR48-AP-3841 ADVICE #: 203282 AMT: 480 0 0.00 EXPIRE DATE: 06/21/92 -THESE COMMODltTIES A FjE LICENSED BY THE UNITED STATES FOR ULTIMATE DESTINATt ION NEPAL. DIVERSION CONTRARY TO U S LAW IS PROHIBITED "MERCHANDISE OF U S ORIGIN" INSURE ALL RISKS WHS El/WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CORRECT; E.I.DU PONT DE NEMDUFS AND CO 1.60000 1.60000 PAGE NO. ) INVOICE DATE 05/13/92 PAYMENT TERMS SDLC-U ACCOUNT NO. X075700 DATE SHIPPED 05/13/92 SHIPPING HEIGHT 69980 AMUUM 8000,00 40000.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all terms and conditions of sale stated above and on the reverse side thereof. *DUPONT TRADEMARK TOTAL 48000.00 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. 00369474 COO 809 00 0514 XBA 99 X4 7L STANDARD CONDITIONS OF SALE 1. Seiler warrants that ifi products or materials {hereafter '`pro ducts") delivered hereunder meet Seller's standard specifica 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 o? the products delivered hereunder, whether used singly or in combination vritn other products. 2. No claim of any kind, whether as to products delivered or for 8. If any Government action should place or continue lirnifa- , lions on the price provided for in this agreement such tha>itr ? . 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 sha!)*!' ` have the option (1)lo continue to perform under this agreemerfb' " ... subject to such adjustments in prices-that Seller may dedrtvflecF1 ' 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 - - without liability for arty damages, T; 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 (90) days from date of deliv 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 and. irtfor- s ery, or the date 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 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 he returned to Seller without Seller's Seller's labeling and literature concerning the products sold 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 of Buyer. In no event shah either party be liable for special, indirect or consequential damages, whether or not caused by or resulting from the neg'iigence of such party. 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 form , to parsons using or proposing to use the products for purposes.. >. , cpfitraryfo recommendations given by DuPont or prohibited by ' ' 3. Seller warrants that the use or sale of the products delivered ...{law, hut will be sold of given as samples only- to persons who, ' hereunder will not infringe the claims of any United .^States ' intthe opinion ofBuyer, can handle, use and dispose of the pro- patent covering the products themselves; but does not warranragainst ink ingament by reason of the use thereof in combination -,-C[^tS-Sbft>Alr.... ... . * hi;(TheBuysc'shall ------ ......... ........................................... ' ***,., reimburse thei:SeUer for all taxes, (exclud- with other .products or in (he operation of any process. , 'ing-income taxes) excises or other charges .which.the Salter may A 4. Seller warrants that at! products delivered hereunder were produced in compliance with (he requirements of the Fair Labor Standards Act of 1938, as amended. be required to pay to driy Government (National, State or Local) uppn the sale, production or transportation of pie products sold hereupdpLw.:' ' '< a '? '" 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 12. In the event Buyer fails to fulfill Selter'sTerms of payment, or in-case Seller shall have any doubt at any time as to Buyer's financial responsibility, Setter may deciinfe to make further deliv eries excspt'upon receipt btcash or satisfactory security. ; -- gf God, fire, explosion, flood, war, act of o> authorized by any Government, accident, labor trouble or shortage, inability to .bbiain material, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, 13 This agreement te not assignable or transferable by either `' party, in whate or in part, except with the prior written consent'A of the other party. ^ but the agreement shall remain otherwise unaffected.. Seller shall have no obligation to purchase supplies of .the products specified herein to enable it to perform this agreement. 6. If thi;agfeement covers products that must necessarily be 14. In addition to the Standard Conditions of Sate set forth herein, any Special Conditions of Sate.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 anyLreason, Buyer will taka delivery of and ynaka payment for such products as have been completed and such as are in process on the date notice of suspension or termination is rqceived,{3y'-Seller;prc)V.ided, that-if Buyer for any reason .can notaccept dejjyery of qyjth products, it will make payment there* for as Thougtudpilvery had been made and Seller will store such products-for Buyer's account and at Buyer's expense, ,: / .it, for anv-raasors inci.j>2 bus no; ;t, , croc .Mateuite 15. This document, along with documents specifically referred . to herein, contains all of the terms and conditions with respect to the sate 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 older forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after ... bei.teiys .unablethe. icsa; oeusana for proouas spec?-........me .products pr payment tyererc? sn.c: p* uqu.'rc. Au - - "hod herein; ^t|ei,-'?nky;distribute its Available supply among any > - assehtfo the terms and conditions hereof. Waiver by either party orbit pqrciha^tji'as^V'fell as departments and divisions Of ^ejlef,..'. .-^Of any default by the other hereunder shall not be deemed a tfo'sacbbqs; as.if 'may deem fair and practical, withou'F|^ib\lity-. r JyAWet- by Such party of any default by the other which may - Tort >ja-zrf^f&iMMi`ti1it{hibB' oih>ot6errfformance which mavy result therefromtrt..te' * r: thereafter occur.. uar.Vtf-ffy_ w_ rr.-crir'a'. ``Cms"' ;r-r.w. st ?" DUP050039797