Document zoQG5N22RpgpMn1JkNxwq29a0

ORIGINAL E. I, DtJ PONT DE NEMOURS & CO. (INC.) _ DU PONT CHEMICALS INVOICE NO. WILMINGTON, DELAWARE 19893 U.S.A. __LT5..0 5.2620.2 CUSTOMER ORDER NO. ___ INDENT 4532 PT2 SOLD TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA ESTATE .DU PONT ORPER NO. JBM M 31348 A00 SID NO. JBMM31348 FREIGHT TERMS SHIP TO ASIAN PAINTS (INDIA) LTD PLOT NO 5 GAIWADI INDUSTRIAL ESTATE S V ROAD GOREGAON (WEST) BOMBAY 400062 INDIA VIA: OFP TO BOMBAY SHIPPING TERMS ClF BOMBAY SHIP FROM: GULFPORT/EXPORT MS QJAMFITY UNIT PPDD'JCT AND DEbCRIr FION LHIT PRICE ' PAGE NO. 1 INVOICE PATE 05/13/92 PAYMENT TERMS SDLC-U ACCOUNT NO, X075660 DATE SHIPPED 05/13/92 SHIPPING HEIGHT 366456 mMGUNI 156.00 0.00 KG 6240 BAG 25 KG NET 2837 "TI-PURE" RUTILE R931 WO 1 -THESE CQMMODI TIES AF E LICENSED BY THE UNITED STATES FOR ULTIMATE D ESTINA1 ION INDIA. DIVERSION CONTRARY TO U S LAW IS PROHI BITED. "MERCHANDISE 0 F U S / ORIGIN" INSURE ALL RIS KS WHSE /WHSE "PLEASE CHECK APL WHEN BOOKING" CERTIFIED TRUE AND CC RFfECT. E.I.DU PONT DE NEMOUF S AND CO 1 .60000 249600,00 Buyer's acceptance of "tho goods ooyered by this invoice shell constitute acceptance by the buyer of all terms and conditions of sals stated above and on the reverse side thereof. *DUP0NT TRADEMARK TOTAL'S. 249600.00 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 YORKy 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 0514 2 0 XBA A 99 X4 7L STA&PA$D CONDITIONS OF SALE 1.. Seller warrants Shat the products or materials .(hereafter "pro 8. If any Government action should place or continue limits- ducts"} delivered hereunder meet Seller's standard specifica , lions on the price provided for in this agreement such tions for the products or such other specifications as rhay have would be illegal or against public or Government policy for Seller" been expressly agreed to herein: SHULER MAKES NO WAR RANTIES OF MERCHANTABILITY OR FITNESS FOB 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 pf the products delivered hereunder, whether used singly Df in combination with other products-. to charge, assess or receive the full amount of or Ic k increase'^ such priced as determined by this agreement,'then have the option (l)to. continue to perform under this agmerpedt;-' subject to such adjustments in pricesthat Seiler may dedto dec-'' 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 or for without liability for any damages. 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 (30) 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. infor ery, or the date fixed tor delivery (in the case of nondelivery), mation will be provided gratis, and- Buybr 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 l b. 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 avent shall either party be liable for special, indirect or consequential damages, whether or not caused by or resulting from *he negligence of such party., ... who handle, process' or sell such products and customers of such products, if any. Buyer agrees that product? sold hereunder will not knowingly be resold or given in, sample form ,tp persons using or proposing to use the products for purposes^ , - csyijtraiy to recommendations given by DuPont or grbhiSiied by - 3. Seller warrants that the use or sale of the products delivered;: law, 'put will be soid or given as samples only to persons who, hereunder will not infringe the claims of any United ^States ii*{he opinion of Buyer, can handle, use and dispose of the pro- patent covering the products themselves; b.ut does not WSrranr* against infringement by reasonofthe use thereof in combination l ~,diCtS-Sato4RTr... ............. ...,, . .... __--... ;i''H , , ; ' if . The Buyer shall reimburso tha'!Sel!er for all taxes, (exclud- with other products or in the operation of any process. . i igglncome taxes) excises or other charges which the Sailor may 4. Keller warrants ihat all .products delivered hereunder wore produced in compliance with the requirements of the Fair Labor Standards Act of 1938. as amended. be required tc payto any Government (National, State or Local) upon the sale, production or transportation of the products soid hereunder'. v,-.\ : -): 5. No liability shall result from delay in performance or nonper formance, direetiy or indirectly caused by Circumstances beyond the control of the party affected, including, but not limited to, Act; . gf God, fire, explosion, flood, war, act of or authorized by any . Gqvernment, accident, labor trouble or shortage, inability to , 'pbtain material, equipment or transportation. Quantities so affected may be eliminated .from the agreement without liability, 12. Ip..the event Buyer faffs to fulfill Seiler's terms of payment, or in' case Seller shall have any doubt at,any time as to Buyer's financial responsibility, Selter may deciine to make further deliv., eries excppt-pppn receipt Qipash pr .satisfactory security. 13.' This agreement;'it not assignable or transferable by either party, in whdie. or in part, except with the prior written consent' of the other party.; ' but tfib agreement shall remain otherwise unaffected. Seller .sbail have no obligation to purchase supplies of the products specified herein to enable it to perform this agreement. 6. If this .agreement covers products that must n&csssatiiy be manufactured especially for Buyer ancf is suspended or ter minated for any;.reason. Buyer wili take delivery of and .make payment tor scicb,products as have been completed and such as are in prdces&pn the date notice of suspension or termination is r^ceiveAilfl^s^^riprpyjded, that ;if. Buyer for any reason cannot;!dc#pVd$i|!Sry.ibf s.uCh products, it will make payment there for as thoughtteliyefy had been made and Seiler wiil store such products fpr Buyer's account and at Buyer's expense. . < n.fnt anv-reason snchsdiru; nut no; tonksci ct, T-orou Maieure 14. In addition- to the Standard Conditions of Safe set forth herein, any Special Conditions of Sale,set forth on the front of this invoice or in the current price list for the product sold hereunder shali apply and are incorporated by reference herein 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 soid 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 ba effected by the acknowledgement or acceptance of purchase order forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicabl e after .rw-ftint ,'i this nr,-.r.y ,fv. sjrrvr to t.stier^s unamc to^pp.i i* tpwu cemp..- -- r.-;-----fied herein, Sellerfnay distribute its Available supply among any tne .products or payment ttiBrelo? to-.:to to sw- a- asSsiittd tMterms and conditions hereof. Waiver by either party DUP050039484