Document wD5x5kzq8BD4V7DZqjX7y0OQ

ORIGINAL E. I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. INVOICE NO. i7x.ni9?oi CUSTOMER ORDER NO. INDENT 4164A SOLD TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL ESTATE S V ROAD GOREGAON (WEST) BOMBAY AO0062 INDIA SHIP TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA ESTATE DU PONT ORGEfi NO. JBM M 29772 A00 SID NO. JBMM29772 FREIGHT TERMS VIA: OFP TO BOMBAY . SHIPPING TERMS . ' CIF BOMBAY SHIP FROM: GULFPORT/EXPORT MS qUANTITY UNIT PPODJC1 AND LFSi PIT ITCH UNIT PRJCF 65000.00 KG 2600 BAG 25 KG NET 2837 "TI-PURE" RUTILE R931 **LETTER OF CREDIT INFORMATION** L/C #: BYCB9187163 ADVICE #: DTC-92-00002 AMT: 104000.00 EXPIRE DATE: 03/10/92 -THESE COMMODI TIES AflE LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTIMATION INDIA. DIVERSION CONTRARY TO U S LAW IS PROHI BITED. "MERCHANDISE 0 F U S ORIGIN" INSURE ALL RIS <S WHSB/WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CORRECT, E.I.DU PONT DE NEMOUF S AND CO 1.60000 PAGE NO. 1 INVOICE DATE 01/22/92 PAYMENT TERMS SDLC-U ACCOUNT NO. XO7566b DATE SHIPPED 01/20/92 SHIPPING HEIGHT 152690 AMOUNT-"! 104000.00 Buyer's acceptance of the goods covered by this invoice shall constitute acceptance by the buyer of all tarns and conditions of sale stated above and on tha reverse side thereof. XDUP0NT TRADEMARK TOTAL 104000.00 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. 00056824 COO 809 00 0203 '* -Uy,..y, .*. Tr XBA A 99 X4 7L N36237 STANDARD CONDITIONS OF SALE 1 Selier wyroms that the 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 A HEREIN. Buyer assumes all risk and liability resulting from use of the products delivered hereunder, whether used singly or in combination with other products. 2. Mo claim of any kind; whether as.to products delivered or for 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 whic{i, {ferriages arb 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 oi all claims in respect of such products. No charge or expense incident to any claim? will be allowed unless approved by an authorized representative of Seller, Products shall not be returned to Seller without Seller's prior permission, and then Only in the'manner prescribed by 'Seller. The remedy hereby provided shall be the exclusive and sold remedy of Buyer. In no event shall either party be liable for Special, indirect dr consequential damages, whether or hot caused by or resulting from the negligence of such party. : , 8. )f any Government action should place or cohtinue Itm! lions on the: price provided for in this agreement .such, I would be illegal or against public or Government policytor'S to charge, assess or receive the full amount pf'or to'ijibh such prices as determined by this agreement.'theh Saiiter'i^h have the option (1) to continue to perform under tfiiS.agreerheMy,-, subject to such adjustments in pricesrthat Seller may essary to comply with such Government action, (2)to revise agreement, subject to Buyer's approval, in order to most nearly W accomplish the original intent ot this agreement, or (3) to ter minate performance of the affected portions of the agreement v/ithout liability for any damages. , 'M 9. At Buyer's request, Seller may furnish Such technical assistance and information as it has available with respect to the us ot the products covered by ihis agreement. Unless oth.er-,. wise agreed in writing, all such technical assistance and. tnf6r; wt. , mation will be provided gratis, and Buyer assumes sole',1 responsibility for results obtained in reliance thereon. 10, Buyer acknowledges that it has received and is familiar with 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 form .- ^ -s, 3. Seller warrants that the use or s.ale of the products delivered hereunder Will not infringe the claims of any United,. States patent covering the products'nemselves; but does ndt warrantagainst infringement by reason of the use thereof in combination with other products or in the operation of any process. 4. Seller warrants that all products delivered hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended. law', but will be sold or given as samples only to persons who, iqfhe opinion of Buyer, can handle, use and dispose of the pro- .-ducts-safely----- -----------------------.i_-______________ : .. m W''' ^0 1t, The Buyer 'shaft reimburse the;?SeUer for at! taxes, (exclud ing income taxes) excises or other charges which the Seller may be required to payto any Government (National, State or Local) , upon the sale, production or transportation of the products sold' h'ereu4ddA.A'', v' t , ....' ivur-i *' \ 5. No liability shall result from delay in performance or nonper formance, directly or indirectly caused by circumstances beyond 12. In the event Buyer fails to fulfill Seller's terms of payment,-' or in case Seller shall have-any doubt atany time as to Buyer's' financial responsibility. Seller may decline to make further deliv- the control of the party affected, including, but not limited to, Act ^ eries exdepJ.'tippn receiBCipf cash or satisfactory security, qf dibd, fire, .explosion, flood, waK act of or authorized by any C " J- *' .. Goyemmant, accident, labor trouble or shortage, inability to .v^iitiain'material, equipment or transportation. Quantities so 13. `This agfeementfH not assignable bi1 transferable by either " . party,-in wHqfe^or in part, except ,with the prior written consenT"1 affectqd-may be eliminated from the agreement without liability, of the other party.; , but thq agreement shall remain otherwise unaffected. Seller shalj .have no obligation to purchase supplies of the products specified herein to enable it tc perform this agreement. 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sal^set forth on the front of this invoice Or in the current price fist for the products sold 6. If this 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 ,fqr aubi^products as have been completed and such as are in procession the date notice of suspension or termination isTqceivea^p|ellSfri!3v.ided, thatiiT Buyer for any reason .can notaccept j$'|ye(y~0f s'tibb products, it will make payment there- . for fhougb^deiivery had bebn made and Seller will store such ps'accpurit and at Buyer's expense. 15. This document, along with documents specifically referred to herein, contain? all of the terms and conditions with respect to the sale and purchase of the products sold hereunder. These terms and conditions supersede any of previous date and no. modification thereof shall be binding on either party unless in writing and signed by both parties. No modification shall be effected by the acknowledgement or acceptance of purchase qfej.er forms stipulating different conditions. Unless Buyer shall ? it- for arut-mason incluoina bur nos fed so Force Maieu.-e notify Seller in writing to the contrary as soon as practicable after mr.Air,t nf this ririr.sirrwrrt rv* Riivp* ir,^ {'iiivt-r's 10131 aefna" I Of p'Ir.-yuu$i> v,__. ,t|^9 products or payn^UT---n--e---r-e--t--o--r----s--R---a-i-i--d--c----o--g-u--i-v--a--r-a--r-m-----1-0---d--j j fie'iflsr%ip,.'S^Je^'it^y?dfetribute its available supply amopg any*4*>Vfa5Sefrt toThe terms and conditions hereof. Waiver by either party jrch^grq,^|^fl'as departments and divisions 0.f ^|gr,r.v.,'-;.^t^r)y default by the other hereunder shall not be deemed a ^-^"^ ^ 'yiiay'ideem.fair and practical withbil^^^rjl.'tj.^lj^iiver by Such party of any default by the other which may ra^ffiifdrmiiiq^-wliich'.may. res'uiftheJ fHir?/i')iereaffer occur, mmmmm .W: 'T DUP050039077