Document yp2861Jra7gjo4vkeNb6mD04D

ORIGINAL E, I. DU PONT DE NEMOURS & CO. (INC.) DU PONT CHEMICALS WILMINGTON, DELAWARE 19898 U.S.A. CUSTOMER ORDER NO. INDENT 4400 SOLD TO INDMAG LTD 1-1 PALACE RD BANGALORE 560 001 INDIA DU PONT ORDER NO. JBM M 32509 V00 INV REF NO. L730730592 INVOICE NO. L?3 0751055 SHIP TO COMMISSION ACCOUNT EXPORT TO INDIA (JUANUIY uni r VIA: FREIGHT TERMS OFP TO BOMBAY SHIPPING TERMS CIF BOMBAY SHIP PROMs GULFPORT/EXPORT MS fkLUUU ANL DELL'MMIUM UNIT PRICE PACE NO. 1 INVOICE DATE 07/29/92 PAYMENT TERMS ac c o unt no . X438651 DATE SHIPPED 07/29/92 SHIPPING HEIGHT AMOUNT UNIT PRICE VALUE - CMSM 30933.16 3 2.0000% TO ALLOW COMMISSION ON INVOICE NO. L730730592 INVOICE DATE 920729 TO ASIAN PAINTS (INDIA) RATE LTD 0.020 00 -574.00 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 thereof* KDUPONT TRADEMARK TOTAL Hf^ -574.00 00401649 COO 809 00 0730 2 0 XBA F 01 99 X4 7L STANDARD CONDITIONS OF SALE 1. Seiler tna: the products or materials (hereafter "pro ducts") -delivered hereunder meet Seller's standard specifica tions tor 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 of the products delivered hereunder, whether used singly er in combination with other products. 2. No claim pi any kind, whether as to products delivered or for nondelivery of products, and whether or not based on negli gence. shaft 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 (in the case of nondelivery), shall constitute a waiver by Buyer of all claims In respect of such products. No charge or expense incident to any claim? will be allowed pritess approved by an authorized representative of Seller.. Products shall not be returned to Seiler without Seller's prior permission, and then only in the manner prescribed by 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. 3. Setter wan arts that tits use or sate of the products delivered hereunder will not infringe the claims of any United. States patent covering the products thamseives; but does not warrant' against infringement fey reason of She use thereof in combination with other product*? or in the operation of any process. 1. 'Seller warr.auis that aft products dc-SNored -hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1933, as amended. a. If any Government action should place or continue limits- '' tipns on the price provided for in this agreement such that it * would be illegal or against public or Government pdlicy terBeflef '' j/Y'- to charge, assess or receive the full amount of or to increase such prices as determined by thfe-jagreeneent^at'^l^r,s6fcllj&v have the option(l) to continue to perform under this agreement * - subject to such adjustments in prices'!hat Seller may dedfn hecfT, essary to comply with such Government action, (2) to revise this* ~ 0 agreement, subject to Buyer's approval, in order to most nearly accomplish the original intern of this agreement, or (3) to ter- ;; minate performance of the affected portions of the. agreement without liability for any damages, . ' **} 9. At Buyer's request, Seller may furnish' such technical ' assistance and information as it has available with respect to the 2*? use of the products covered by this agreement. Unless other wise agreed in writing, all such technical assistance and. infor mation will be provided gratis, and- Buyer' assumes sole ' responsibility for results obtained in reliance thereon. ,. 10. Buyer acknowledges that it has received and is familiarwith Seiler'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 irt, sample . to persons using pr proposing to use the products for purposes .^'.V contrary to recommendations given by DuPont or p^t)h@ted by||tSj| . law, but will be sold or given as samples only to persons who, :y:$ iq the opinion of Buyer, can handle, use and dispose of the pro- ducts-safety-... --.......... -- % ........ . .. ... ... ' 11. , The Buyer shat! reimburse the Selier for all taxes, (axcl.ud-. '$? irig income taxes) excisesor other charges which the Seller may y'-% be required to pay to any Government (National, State or Local) . upon the sale, production or transportation of the products sold ,;5 |; hereunder. 5. No liability shall result from delay in performance or nonper 12. In the event Buyer fails to fulfill Seller's terms of payment;* or in case Seller shall have- any doubt ata.ny time as to Buyer's' ... ft formance, directly or Indirectly caused by circumstances beyond the control of the party .affected, including, but not limited to. Act. financial responsibility, Seller may decline to make further deliv- : / . ones except upon receipt'tof.cash 6r,satisfagtory security. Of God, fire, explosion, flood, war, act of or authorized by any , Government, accident, labor trouble or shortage, inability to 13. This agreement, is. not assignable or transferable by either ; fobtein. material, equipment or transportation. Quantities so party) in whatever in part, except .with the prior written consent: f . y|^ affected may bs eliminated from the agreement without liability, of the other party. ' but the agreement shaft remain otherwise unaffected Seller shall.have no obligation lo purchase supplies of the products specified herein to enable it lo perform this agreement. 14. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sale;set forth on the front of this invoice or in the current price list 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 jngfce payment forspcij products as have been completed and such, as are in process on. the date notice of suspension or termination is r^caived^^if^elier; provided, thabif Buyer tor any reason cannof'accepl^liyery'df suCh products, it will make payment there. for as though.dalivery had been made and Seller wilt store such products for Buyer'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 aider forms stipulating different conditions. Unless Buyer shall t-t TOf rlHJImVj r>;*i 'A its ?u {Cl 'ifj notify Seller in writing to the contrary as soon as practicable after iSiiq^js yuppie ic^y^piy me icia; ae..i.;i u .o- pr.v-.ia trie products or payrOum trierercr snail us vgurvaiam Va z-^ fled-fiarejn,:^iierimay .distribute its available supply among any -w assert t-6'the; terms and conditions hereof . Vfoiver by either party ",of any-default by the other hereunder shall not be deemed a ,^Sf^d&fe^e pbpdrfdrmahce which may result therefromR? . -.'jvaiver, by such party of any default by the other which may thereafter occur,; ,, , .. ^ ,*. , __ lifeLT&'-.VAS*Jtr*'.-' .. DUP050039655