1. PRICES REFER TO THE NEWEST UPDATE PRICE LIST.
2. ALL PRICES GIVEN ARE EX-WORKS SIKA FACTORY / WAREHOUSE OR FRANCO DEPENDS ON FURTHER AGREEMENT.
3. ALL PRICES ARE EXCLUDE VAT (VALUE ADDED TAX).
4. THE PRICES STATED IN THE PRICE LIST MAYBE VARIED AT ANY TIME, EITHER BEFORE OR AFTER ACCEPTANCE OF THE ORDER TO CORRESPOND WITH ANY SIGNIFICANT CHANGES OF THE COST OF MATERIALS, LABOR, FUEL, TRANSPORT AND OVERHEAD EXPENSES.
5. SIKA SHALL ACCEPT ORDERS AT MINIMUM AMOUNT THAT HAS BEEN DETERMINED ACCORDING TO THE AGREEMENT PER DELIVERY. THIS COULD BE COMBINED FROM SEVERAL PURCHASE ORDER (PO).
6. GENERAL REQUIREMENT, ORDER AND QUOTATION
The sale is made on a purchase order from the customer to the Company (“Order”) and subject to the Terms and Conditions. The placing with the Company is to be deemed to be accepted of the Terms and Conditions by the customer and shall be binding to the parties if the same were expressly accepted by the Company in writing. All acceptances by the Company are subject to the availability of the necessary materials and to the Company being able to obtain any necessary authorization and/or licenses and to the same remaining valid. Quotations made by the Company (“Quotations”) do not constitute an offer or approval by the Company to supply the goods or to conduct the works as referred to them. Any modification or amendment of the Terms and Conditions shall be upon the parties expressly accepted by the Company.
7. PRICE AND TERMS OF PAYMENT
All prices given in the Quotations are provisional only until the Order has been accepted by the Company in writing. The prices stated in the Quotation, may be varied at any time, either before or after acceptance of the Order. To correspond with any changes of the cost of materials, labor, fuel, transport, and overhead expenses.
All prices given in the quotation shall be net prices
The period of payment to the Company must be made in full according to the agreement. The payment must be done either by transfer or post-dated cheque (giro) issued by the customer in favor of the Company, and the payment is considered to be made respectively on the acceptance date of the transfer or on the clearing of the post-dated cheque (giro.)
In the event that the customer fails to pay the goods as provided herein the Company shall be entitled without prior notice to enter upon customer’s premises at any time and retake possession of the goods. The provisions of this clause shall apply notwithstanding any subsequent or other agreement between the parties under which the Company or a related body corporate gives credit to the customer.
8. RISKS AND OWNERSHIP / TITLE OF THE GOODS
The risk in the goods shall pass to the customer at the acceptance of such goods by the customer. Notwithstanding that the risk shall pass to the customer, the title of the goods remain with until all moneys owing by the customer to the company have been paid in full, in which such time and if required by the Company, the customer must place the goods in a manner which clearly indicates that the goods owned by the Company.
9. TRANSFER OF RIGHTS AND OBLIGATIONS
The rights and obligations of the customer under the Terms and Conditions including the obligation to pay as referred to in Point 2 above can not be assigned to any other person without the prior written approval of the Company.
10. WARRANTIES AND DIRECTION
Warranties given by the Company in respect to the status, quality or condition of the goods supplied to the customer shall only be limited to and completely discharged by the replacement of the goods supplied to the customer.
The Company shall have no liability (including liability in negligence) to any other person for any loss or damage consequential or otherwise howsoever suffered or incurred by any such person for any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly from any failure, breakdown defect or deficiency of whatsoever nature or kind of in the goods.
Where the Company gives any advice or approval concerning the plans specification or concerning any other matter in relations thereto, such advice or approval is given subject to the condition that the Company shall be under no liability of any kind in connection therewith.
Any drawings, description weights, or dimensions submitted by the Company are approximate only and intended merely as a general guide the Company shall not liable for any error or omission or deviation therein or with regard thereto.
No representation in relation to the Company’s products/goods shall be binding on the Company unless in writing and signed by the President Director.
Warranties as mentioned under sub-clause (a) above to repair or replace such goods is only subject to the customers having compiled with all instructions given by the Company concerning the manner in which such goods should be used.
The Company maintains an ongoing policy of research development, and refinement of its product, and as such reserves the right to change the formulations as deemed necessary, of any products, without prior notice.
Normal precautions must be taken in handling the Company’s chemical product to protect the skin and eyes. The Company shall not be liable on usage of such products which contradictive with the purpose and procedure prescribed by the Company. Should a mishap occur, contact hospital, the Poisons Information Center of the Company.
Any delivery dates given by the Company are approximate only.
The Company will not be liable for shortage, loss, injury or damage to goods upon any delay in delivery from any cause whatsoever. Such delay shall not give the rights to the customer to cancel the Order or to refuse to accept the delivery of goods at any time.
If there us a difference between the amount and/or type of the goods delivered and the Order, then the receipt given or signed by the customer shall be binding and effective for the sale and purchase of such goods.
All containers mentioned in the current price list are standard sizes of the Company/SIKA, free of extra charge (except for special packaging) and non returnable.
The Company will not be liable for shortage, loss of damage to the goods in transit unless a written notice is given to the Company in accordance with the terms and conditions of the insurance covered effected in respect of the particular consignment.
Unless otherwise stipulated in sub-clouse (b) and (e) above, the Company will consider any claim/objection on any shortage/deviation occurred if the terms and conditions herein below are fulfilled.
All shortage and damage must be reported to carriers and the Company in writing within three days after the acceptance of the goods.
In case of any loss within 14 days of the schedule arrival date or in such other manner as specified in the related documents.
The Company cannot accept the return of goods delivered/supplied against the Order, except by the prior written agreement.
If the customer shall sell any of goods purchased from the Company to any other person, the customer must do so under the trademarks of trade names registered under the name of the Company, and be subject to this Term and Conditions unless otherwise expressly agreed in writing by the Company.
13. FORCE MAJEURE
Should be the Company be delayed in or prevented from making delivery owing to act of God, war, civil disturbance, military coup, government rules/ restriction, applicable laws, for export and import restriction, strikes, lockouts, difficulty in obtaining workmen of materials, or breakdown of machinery, fire, accident, of any other cause whatsoever beyond the Company’s control, the Company shall be at liberty to cancel or suspend the contract without incurring any liability for any loss or damage resulting therefrom.
14. DISPUTE SETTLEMENT
Any dispute which may arise out and in relation to the sale of the goods and to this Term and Conditions shall be settled in amicably.
If the dispute cannot be settled amicably, such dispute shall be settled, by arbitration in accordance with and subject to the prevailing procedural rules of the Indonesian National Arbitration Board (BANI), without prejudice to the prevailing provisions of the Law No.30 of 1999 .
15. GOVERNING LAW
This Term and Conditions shall be governed and interpreted under the laws of the Republic of Indonesia. The Company and customer hereby agree to choose their legal domicile at District Court of Bogor.
The Company and Customer further agree that English Language version of this Agreement shall become a governing language for all purposes. In the event of any discrepancy or difference interpretation between English Language version and Indonesian Language version and/or any translation thereof, the Company and Costumer hereto agree that the English Language version shall always prevail.