Terms and Conditions

1. GENERAL

The terms specified below shall apply to any quotation or other proposal by PT Sumatra Coffee Indonesia (hereinafter: “PT Sumatra Coffee Indonesia”) for the sale of goods (hereinafter: “Goods”) and to any sale of Goods or other transaction with respect thereto by PT Sumatra Coffee Indonesia except where the final shipping destination of the subject matter Goods is within the borders of Indonesia. An order of Goods shall not be binding on PT Sumatra Coffee Indonesia unless such order is approved in writing by both PT Sumatra Coffee Indonesia and the buyer (hereinafter: “Buyer”) (hereinafter: “Order”).

PT Sumatra Coffee Indonesia’s acceptance of Buyer’s Orders is expressly contingent upon these Terms and Conditions of Sale. This agreement and the attachments hereto constitute the full and complete agreement with respect to the terms and conditions of any sale between the Buyer and PT Sumatra Coffee Indonesia, and cannot be changed or terminated orally. Any change shall not be valid unless made in writing and signed by the Parties.

2. SHIPPING TERMS

The shipping terms of the Goods are CNF/CFR destination country, unless otherwise determined, in writing, between the Parties.

Port of Shipment

  1. Belawan Port (Port of Medan)
  2. Batam Center Port (Port of Batam)
  3. Tanjung Priok Port (Port of Jakarta)
  4. Tanjung Perak Port (Port of Surabaya)
  5. Semarang Port (Port of Semarang)
  6. Makassar Port (Port of Makassar)
3. RISK TRANSFER

Apart from the foregoing, the responsibility for the Goods will be transferred to the Buyer in accordance with the terms used in the delivery of the goods referring to Incoterm 2022. Without prejudice to the above, the Goods will remain the sole ownership of PT Sumatra Coffee Indonesia, until full payment in respect of that. For the removal of doubt, full payment as stated above means the actual receipt by PT Sumatra Coffee Indonesia of the applicable payment.

4. CHARGES

Buyers are fully responsible for all expenses such as duties, taxes, fees and other charges outside the country of origin.

5. LICENSE

The seller is responsible for the documentation required to export to the buyer’s country and the buyer is responsible for obtaining all import permits. PT Sumatra Coffee Indonesia is not responsible for delays caused by Buyer’s failure to clearance goods in buyer’s country.

6. SHARING

Buyer agrees not to export or re-export goods or technical data provided by PT Sumatra Coffee Indonesia except with written consent, in writing, from PT Sumatra Coffee Indonesia and subject to the requirements set by PT Sumatra Coffee Indonesia.

7. TERMS OF PAYMENT

The price of the goods is as specified on the order form. This price does not include various costs that are the responsibility of the Buyer as determined above. Buyers only make payments to accounts in the name of PT Sumatra Coffee Indonesia, other than payments sent to accounts not recognized by PT Sumatra Coffee Indonesia. Payment by the buyer is fulfilled after the Fixed Rate is issued and the Export process will not continue until the payment is fulfilled by the buyer. The buyer agrees that all forms of payment for the shipment that have been given to PT Sumatra Coffee Indonesia are non-refundable. Payment terms must be as specified below or adjust as agreed by both parties.

 

  1. Telegraphic Transfer (TT): Payment should be completed in advance, with 50% paid upfront, and the remaining balance to be paid when the goods are stuffed.
  2. L/C: Payment should be completed in advance, with 50% paid upfront by TT, and the remaining balance to be paid when the goods are stuffed by L/C.
  3. Paypal: Payment should be completed in advance, with 50% paid upfront by Paypal, and the remaining balance to be paid when the goods are stuffed by Paypal or TT.
  4. Western Union (WU): Payment should be completed in advance, with 50% paid upfront by WU, and the remaining balance to be paid when the goods are stuffed by WU or TT.
8. DELIVERY

Each shipment, PT Sumatra Coffee Indonesia has the right to choose a shipping agent depending on the terms used in reference to Incoterm 2022. Regardless of the above, if the Buyer is in a state of default in connection with any of the terms or conditions of this agreement or what agreement also with PT Sumatra Coffee Indonesia, PT Sumatra Coffee Indonesia may, if so chooses, suspend further deliveries below until the default is corrected or it can, without prejudice to any other remedy, further obtain the implementation of this agreement. PT Sumatra Coffee Indonesia can also revoke any credit or change the payment terms provided to the Buyer for any reason, and after that PT Sumatra Coffee Indonesia can ask the Buyer to pay in cash before delivery or to provide security that PT Sumatra Coffee Indonesia finds satisfactory, and PT Sumatra Coffee Indonesia can hold delivery until the payment is received or secure.

9. WARRANTY AND CLAIMS

(a) PT Sumatra Coffee Indonesia shall be responsible, for the period of one week from the date of arrival, for the replacement or repair, as it shall choose, of any product of the Goods (hereinafter: “Product”) which, upon examination by PT Sumatra Coffee Indonesia, shall be determined by PT Sumatra Coffee Indonesia as having a defect which causes the Item to be unsuitable for reasonable use, provided that the said defect is the result of faulty production or use of poor quality materials, and further provided that the Buyer reported to PT Sumatra Coffee Indonesia of said defect immediately upon learning thereof.

(b) The PT Sumatra Coffee Indonesia Guarantee, as stated in subsection (a) above, furthermore relies on the product being sold professionally and in accordance with PT Sumatra Coffee Indonesia’s instructions and maintained in accordance with PT Sumatra Coffee Indonesia’s maintenance instructions, and on no improper or improper use, and no repairs of any kind have been made except by PT Sumatra Coffee Indonesia or with PT Sumatra Coffee Indonesia’s approval, in writing. PT Sumatra Coffee Indonesia is responsible for any defects or damages that arise from PT Sumatra Coffee Indonesia’s mistakes. PT Sumatra Coffee Indonesia’s warranty is only limited to returning the item or its replacement, as mentioned above, and is limited to the cost of the product only. Notwithstanding the foregoing, it is hereby clarified that PT Sumatra Coffee Indonesia’s guarantee does not include re-import and shipping costs related to replacement goods. Furthermore, PT Sumatra Coffee Indonesia is not responsible for any damage, expense or loss of any kind and nature caused directly or indirectly by the Buyer or the delivery company, and will not – in the case of product replacement – bear the cost and/or are not required to perform any work required. necessary to allow replacement of defective products. It is expressly agreed that this restoration will be the sole and exclusive remedy for the buyer. In no event shall either party be responsible for costs, losses, expenses, special, indirect, or consequential damages arising directly or indirectly from the use of materials / goods / goods, whether based on guarantees, agreements, negligence, or strict responsibility.

(c) PT Sumatra Coffee Indonesia neither makes nor intends nor authorizes any other warranties, either express or implied, and it expressly excludes and disclaims all implied warranties of merchantability and fitness for a particular purpose. Buyer assumes all risks and liabilities resulting from the use of any goods delivered hereunder in any processes.

10. THE GOODS

PT Sumatra Coffee Indonesia may deliver the Goods at schedules which may vary, unless otherwise determined in advance, in accordance with the production and the state of the inventory in its warehouse. PT Sumatra Coffee Indonesia can retain ownership of the Goods and / or parts thereof, whether considering this matter has or not, to guarantee the payment of the amount due to the Buyer, either as consideration for goods, with consideration of other goods, or for other reasons.

11. FORCE MAJEURE

Should any delay or interruption in the performance and completion of PT Sumatra Coffee Indonesia’s obligations occur due to any cause beyond PT Sumatra Coffee Indonesia’s control, such as an act of God, war, terrorism, act of government, fire, flood, earthquake, interruption of transportation or shipping, or other calamity, or due to any strike or labor troubles, sabotage, riots or insurrection, then the specified delivery dates shall be extended to permit PT Sumatra Coffee Indonesia adequate time to fulfill the obligations of the agreement.

12. BREACH OF AGREEMENT

Should any terms or conditions of this agreement be breached by Buyer, or should any proceeding affect the business of Buyer, or, at PT Sumatra Coffee Indonesia’s discretion, may have a material adverse change occurs in Buyer’s business or payment ability, then with regard to the whole or any part of this agreement, PT Sumatra Coffee Indonesia may, without prejudice to any other legal remedy, terminate the agreement.

13. RESOLUTION OF DISPUTE

The Parties hereby agree that any dispute shall be settled through friendly negotiations. In the event that no settlement can be reached within 30 days, the dispute shall be subject to binding arbitration in accordance with the Arbitration Law and Regulations. Written notice of demand for arbitration may be filed by either party with the other party. In the absence of consent between the Parties with respect to the arbitration within 7 days, it shall be appointed by the Chairman of the Bar Association upon a request of wither party. Without derogation from the above, the court having the sole and exclusive jurisdiction shall be the court in Indonesia.

PT Sumatra Coffee Indonesia acceptance of Buyer’s Orders is expressly contingent upon these Terms and Conditions of Sale. This agreement and the attachments hereto constitute the full and complete agreement with respect to the terms and conditions of any sale between the Buyer and PT Sumatra Coffee Indonesia, and cannot be changed or terminated orally. Any change shall not be valid unless made in writing and signed by the Parties.