Syarat dan Ketentuan
Please read and agree the terms and conditions below before shopping in our website:
GENERAL TERMS AND CONDITIONS OF SALE
To the fullest extent legally permissible all dealings between the buyer (including all related and/or associated companies and/or other entities) – jointly "Buyer" - and PT Surya Indo Plastic (and/or any related and/or associated companies) whether trading as "PT Surya Indo Plastic" and/or otherwise ("SIP") relating to any goods and/or services ("Goods") are subject to the following terms and conditions ("Terms") unless otherwise expressly agreed in writing:
Article 1 - Definitions
1.1 Goods: Goods specified in contract, quotation or any other written agreement between Buyer and SIP to which these conditions apply.
1.2 Buyer: Any party who receives a quotation and/or buys and/or agrees to buy goods from SIP, including online orders as recorded by SIP.
1.3 Terms: General Terms and Conditions of Sale set out in this document.
Article 2 - General
2.1 These General Terms and Conditions of sale apply to all contracts for sale of goods, quotations or any other written agreement between SIP and Buyer, including purchases through the online store of SIP
2.2 These Terms supersede any prior representation or undertakings whatsoever. All other terms and conditions that do not correspond to these Terms are hereby excluded.
2.3 Deviation from these Terms is only possible if explicitly agreed upon and confirmed in a separate written document by the director of SIP.
Article 3 - Product descriptions
3.1 SIP strives to ensure that its products are described as accurately as possible on Its website, however SIP does not warrant that the description is accurate. Where SIP becomes aware of any misdescription, SIP reserves the right to correct any error or omission.
3.2 Images have been provided for illustrative purposes only and SIP does not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
3.3 SIP endeavours to ensure that the product list is current however SIP gives no undertaking as to the availability of any product advertised on the website.
Article 4 - Acknowledgements
4.1 The Buyer acknowledges that:
- the Buyer is responsible for submitting and approving all artwork before completing their order. No claim may be brought against SIP in respect of such Artwork. The Buyer undertakes that it has permission to use the Artwork and indemnifies SIP against all claims.
- buying Goods online provides a different shopping experience; the colours of Goods as shown on the website will depend on many factors – including display settings.
- the sizes and shapes of the Goods may differ in real life from how they appear on screen. SIP provides dimensions and measurements in the descriptions of the Goods and it is Buyer’s responsibility to check that the actual size of each item is suitable for Buyer’s purpose.
- pictures and images on the website are for illustration purposes only. For an accurate description of the Goods, Buyer needs to read the corresponding written description.
Article 5 - Quotations
5.1 All quotations of SIP have a validity of two weeks, unless explicitly agreed otherwise.
5.2 SIP has the right to withdraw any quotation, as long as the other party has not yet accepted the offer.
5.3 Offers only apply to the quantities and specific products mentioned in the quotation.
Article 6 - Price
6.1 All stated prices will be in IDR or USD, unless stated otherwise.
6.2 All stated prices, unless stated otherwise will be:
- Exclusive of import and export duties, government imposts or any other levies
- Exclusive of VAT
- Exclusive of costs of transport, delivery, storage, insurance, transhipment
6.3 SIP endeavours to ensure that the price list on its website is current. SIP reserves the right to amend its prices at any time.
6.4 SIP has the right to adjust the agreed price, if one of the cost-determining factors of the product changes by more than 5% in the period between the offer date and the delivery date.
Article 7 - Placement of orders
7.1 The Buyer will place orders in accordance with SIP’s online processes as set out on SIP’s online store.
7.2 The minimum quantity for any item ordered is 1 case.
7.3 Placing any order through SIP’s online store is simply done by selecting the products, adding them to the shopping cart, entering any specific delivery instructions and paying for the order.
7.4 Once the order is complete, an email confirming the order details will be send to the Buyer’s email address.
7.5 Once an order is complete, it cannot be changed or cancelled without the consent of SIP. Any requests for changes or cancellations must be immediately communicated to SIP by email.
Article 8 - Payment
8.1 Payment of the full invoice amount shall be made within 14 days of the invoice date, unless agreed otherwise in writing.
8.2 For Goods purchased in the online store SIP accepts advance payment via bank transfer or direct online payment with Midtrans payment gateway.
In order to process Buyer’s order, SIP uses a trusted payment system managed by third party to ensure that payment is safe.
8.3 Non-compliance, late or incomplete compliance with Buyer’s payment obligations will give SIP the right to suspend all further deliveries to Buyer and/or the right to dissolve the agreement, without prejudice to the right to damages in relation to the later or non-performance of the agreement.
8.4 If Buyer exceeds the term mentioned in 8.1, SIP will charge an extra default interest of 1% per month.
Article 9 - Delivery
9.1 Goods will be delivered to the delivery address as specified by Buyer during the order process and as shown on the Order confirmation. The delivery fee will depend entirely on what products are ordered and where the Goods are being transported to. The delivery fee may increase if the order requires multiple deliveries.
9.2 Buyer shall fully cooperate with the delivery of the goods and makes sure to be available to accept delivery of the Goods on the delivery date. If Buyer refuses to take delivery of the goods to be delivered or does not have enough space, then SIP has the right to store and redeliver these items at the expense and risk of Buyer. Buyer agrees to pay SIP for any demurrage, redelivery or other costs and expenses in handling and/or holding any goods once ready for delivery and/or collection. An administration fee for re-arranging delivery may be charged to Buyer in compensation for the time and expenses incurred for the failed delivery.
9.3 The Buyer shall be deemed to have accepted delivery and liability for goods on being notified by SIP that goods are ready for collection and/or on goods being delivered to a carrier or to the Buyer's premises or nominated site whether attended or not.
9.4 If Buyer wants SIP to deliver the goods in any other place than the agreed place, SIP shall comply as long as this can be reasonably required. Any additional costs will be on the account of the Buyer.
9.5 The delivery time indicated by SIP shall always apply by approximation.
9.6 SIP shall not be liable for delay, failure or inability to deliver any goods.
9.7 Buyer shall not be entitled to dissolve the agreement nor be entitled to compensation due to any delays in the delivery if these are within reasonable timeframe.
9.8 The risk for the goods passes to Buyer when the goods are delivered to Buyer.
9.9 If there is obvious damage or items are missing or incorrect, Buyer should record this on the delivery document.
9.10 If Buyer does not notify SIP in writing of any objection to the delivery document within 24 hours of its receipt, then the quantity stated on the delivery document shall be deemed to indicate the delivered Goods correctly.
9.11 Buyer must see to it that any customs documents are returned in time to the responsible authorities. Additional costs involved shall be on account of the Buyer.
9.12 In case that SIP delivers Goods on pallets (plastic or wooden):
- The pallets will remain the property of SIP, unless agreed otherwise in writing.
- On the invoice a deposit will be charged for the pallets. The deposit will be refunded after return of the pallets.
- Buyer will compensate the pallets that are not returned or returned in a damaged state. In that case, the deposit will not be returned.
9.13 SIP may withhold or cancel delivery where the Buyer is in breach of these Terms.
9.14 No delay or failure to fulfil any part of any order shall entitle the Buyer to cancel or vary any order or delay or reduce any payment.
Article 10 - Returns and refunds
10.1 Minor exterior carton damage does not constitute a claim if the Goods within the carton are in sound condition. The returns policy set out in this article does not cover Goods that are faulty due to mistreatment, poor storage or maintenance, tampering or improper use.
10.2 SIP undertakes to exchange any Goods delivered that are faulty or in a damaged condition. If the Buyer wishes to return a faulty or damaged product, they must notify SIP by email where SIP sets out the requirements relating to the return of such Goods.
10.3 If SIP is unable to replace or exchange Goods returned, SIP undertakes to reimburse Buyer the amount initially debited for the purchase of the returned Goods.
10.4 The Buyer agrees not to return any Goods without SIP’s prior approval.
10.5 Buyer agrees to pay SIP on request a restocking fee of 15% of the gross Invoice value of all returns, where the Goods returned are not faulty or damaged. Buyer will be liable for all costs associated with having the goods returned to SIP.
10.6 Orders for Goods that are made to order, for example products customized with printing or embossing, can only be returned if they are not of satisfactory quality or reasonably fit for the purpose, and SIP cannot remedy the fault to Buyer’s reasonable satisfaction.
Article 11 - Retention of Title
11.1 All goods from SIP will remain the property of SIP as long as Buyer has not complied with all its payment obligations.
11.2 Unless specifically agreed up on in writing, the goods from SIP may not be sold, unless payment has been made for them in full.
11.3 SIP shall be entitled to repossess its goods that it has delivered as long as Buyer has not paid for the goods. Buyer shall be required to cooperate with such repossession.
Article 12 - Intellectual Property
12.1 Buyer will indemnify SIP against any possible claims of third parties based on infringement of copyright and rights arising from patents, trademarks, designs, etc., if SIP uses a design, image, drawing, etc. at the request of the Buyer.
12.2 All information, designs, drawings, models etc. made by SIP are protected by copyright and may not be reproduced or made available to third parties without explicit permission of SIP
12.3 Buyer agrees that all works produced by or for SIP (including samples, designs, artwork, printing plates, and moulds in whatever form) and any intellectual property in and to such works shall be and remain the property of SIP notwithstanding any contribution by the Buyer.
Article 13 - Force Majeure
13.1 SIP will not be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any event which is beyond SIP’s reasonable control. Such event would be including but not limited to, war (declared or undeclared), acts of terrorism, hostilities, civil commotion, strikes, epidemy, accidents, fires, floods, earthquakes, storms, natural disasters, malicious damage or destruction of SIP’s premises, equipment or Goods or because of any other act of any law and regulation or act of any government which is beyond the control of SIP
13.2 In the event of Force Majeure, Buyer and SIP will settle all problems which may occur from the Force Majeure by discussion, to achieve mutual agreements or solutions. SIP shall be able to suspend the contract as long as the situation makes it impossible to fulfil the requirements of this contract. SIP is also entitled to dissolve the contract without compensating any loss to Buyer.
13.3 SIP will not be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any event which is beyond SIP’s reasonable control.
Article 14 - Complaints
14.1 Buyer shall inspect the Goods upon delivery.
14.2 If the Goods are not in compliance with the product quality standards that have been approved in samples and specification documents, Buyer notifies SIP in writing within 7 days after the delivery of the Goods.
14.3 In the case of a complaint Buyer will send SIP an accurate description of the defect, the number of products it involves, the batch number and a few samples of the defect.
14.4 The items to which the complaint relates must remain available for inspection by SIP.
14.5 If the delivered Goods are sold, processed, treated or taken into use by Buyer, then Buyer will automatically accept the goods unconditionally and is no longer allowed to submit a complaint.
14.6 If the complaints relate to a part of the goods delivered, then this will be no reason to reject the entire batch.
14.7 In case of a justified complaint, SIP shall not be required to do more than replace the rejected goods or credit the buyer for an amount equal to the price owed by Buyer.
14.8 SIP shall be released from any liability and/or duty to investigate complaints, if Buyer has not complied with its payment obligations.
Article 15 - Liability
15.1 SIP explicitly excludes any liability that arises directly or indirectly from the execution of any agreement towards Buyer, unless in the event of intent or gross negligence on the part of SIP. This liability is limited to the amount of the specific transaction or the amount for which SIP has insured itself.
15.2 SIP cannot be held liable to compensate for any loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to Buyer’s reputation or for any other losses that are not reasonably foreseeable at the time the order is accepted.
15.3 SIP shall not be liable for any Goods modified, utilised, stored, handled or maintained incorrectly or inappropriately and/or manufactured and/or supplied by any other party.
15.4 Buyer shall fully indemnify SIP against any claim, action, damage, cost, expense or l loss arising from or related in any way to:
- any dealing between SIP and the Buyer
- any artwork that the Buyer submits to SIP to be used on any products.
15.5 When the Buyer places an order, SIP requires the Buyer to provide details of name, address for delivery, email address and telephone contact. SIP undertakes to take due care with this information; however, in providing SIP with such information the Buyer accepts that SIP is not liable for its misuse due to error in transmission or virus or malware.
15.6 In the event that one or more of the articles set out in these Terms is held to be invalid by a competent authority or the prevailing laws and regulations in Indonesia, the remaining terms shall continue to have effect and Buyer will still be bound by them.
Article 16 - Termination
16.1 SIP will be entitled to suspend any further delivery and/or dissolve a contract with Buyer without notice of default or judicial intervention being required, if Buyer fails to comply with obligations in contract, Buyer becomes bankrupt or insolvent, or has its business placed in the hands of a receiver, assignee or trustee, whether by voluntary act or otherwise. Buyer shall be liable for any loss that SIP has suffered, including loss of profit, damage to goods, transport costs, judicial costs as well as all other direct and indirect costs related to the sale.
Article 17 - Applicable Law
17.1 These Terms or any other agreement between SIP and Buyer, are subject to Indonesian Law and Buyer consents to the exclusive jurisdiction of the Indonesian Courts in all matters regarding the Goods.
Article 18 - Disputes
18.1 Any claims or disputes, controversies and conflict between SIP and Buyer that arise out of these Terms or its performance, will be settled to the legal domicile at the Surabaya District Court.
