Terms & Conditions
Terms and conditions of purchase order products and/or services
General Provisions
- To verify an order for a Product and/or Service, this Purchase Order is sent via facsimile or email to the Supplier (the original Purchase Order to be sent by the Company to the Supplier by request). Upon the Purchase Order being received via facsimile or email from the Company, the Supplier is deemed to approve and be subject to the terms and conditions of this Purchase Order and other terms and conditions agreed upon in writing between the Company and the Supplier. The Supplier must send to the Company one copy of the Purchase Order that has been signed by the officer authorized to represent the Supplier via facsimile or email within 3 (three) working days from when the Purchase Order is sent by the Company. Within the following 3 (three) working days, the Supplier shall then courier to the Company the original of the executed Purchase Order. This Purchase Order is binding. In the event there is an objection and/or rebuttal to any of the terms and conditions of this Purchase Order, the Supplier shall raise its objection and/or rebuttal in writing to the Company by: (i) no later than 30 (thirty) days as of the date of issuance of this Purchase Order; or (ii) before delivering the Product and/or Service required under this Purchase Order, whichever comes first.
- Tender has been completed in accordance with the provisions of the Company.
- All documents and correspondence in connection with this Purchase Order must specify this Purchase Order number.
Price
- The price of the Product and/or Service stated in this Purchase Order shall be the price as agreed upon in writing by the Company and the Supplier.
- In the case of Purchase Order of a Product, the price of the Product includes delivery until the Product is received at the shipping address stated on the face of the Purchase Order, unless provided otherwise in writing by the Company.
Terms of Payment
- In the event the Supplier of Products places advertisements of the Company: (a) The Supplier shall pay taxes, charges, fees and penalties imposed under the local regulations concerning advertisements of the Company included in the Purchase Order. The receipts of payments therefor must be submitted to the Company to corroborate the Supplier’s invoices; (b) The Supplier must ensure that the advertisements of the Company included in the Purchase Order shall be disseminated and displayed in accordance with the prevailing local regulations and consistent with the licenses/permits and taxes paid. The Supplier must provide the government employees with the correct information on the types, quantities, size, locations, and period for which the advertisements of the Company are placed and other data in connection with the acquisition of the advertising permits, tax collection, personnel or the requisite documents of the Company; and (c) Any offer, payment in cash or valuable gift-giving by the Supplier to third parties in connection with the provision of Products must be described in the invoices in detail along with the date, quantities and reasons.
- The due dates of payment of each staged payment for the prices of Products and/or Services shall be subject to the terms of payment time prevailing in the accounting department of the Company, i.e. the Company shall make payments on Wednesdays of the week. In the event the due date for payment not falling on Wednesday, the payment shall be made on the first Wednesday following the due date for payment, provided however that (a) the Products ordered have been received and/or the Services have been completed according to the Data and Design of the Products and/or Services and other specifications required in this Purchase Order, and/or the Services completed have been received by the Company and (b) the original invoices, tax collection, and receipts of payments for charges or advertising tax and other documents required by the Company and the correction of invoices (in case any correction is required by the Company) have been received by the Company from the Supplier, unless provided otherwise on the face of this Purchase Order.
Taxation
- The Supplier agrees that if the payment belongs to the type of payment is subject to the Income Tax (PPh) withholding as provided in the provisions of Taxation in Indonesia, the Company shall withhold the Income Tax (PPh), the amount of which shall be determined as provided in the provisions of Taxation in Indonesia, and therefore the Supplier is entitled to receive the original withholding Income Tax (PPh) slip. A foreign Supplier who is a foreign taxpayer must submit a Certificate of Domicile for the purpose of tax exemption and/or allowance under the Agreement for the Avoidance of Double Taxation between the Government of Indonesia and the country in which the Supplier is domiciled.
- The Supplier agrees that in the event the Supplier has collected VAT and issue a Tax Invoice to the Company but the Supplier has not yet been confirmed as a Taxable Entrepreneur and/or fails to return an issued Tax Invoice to the Taxation Office (KPP) as governed by the Taxation Law prevailing in Indonesia, the Supplier shall be liable to incur all the invoices or tax assessment (Principles and administrative Sanctions/interest) that may be imposed by the Taxation Office (KPP) on the Company for crediting a Tax Invoice issued by the Supplier.
Products and Delivery of Products and/or Services and Completion of Services
- The Products and/or Services must be delivered to the Company at the shipping address as stated on the face of the Purchase Order. The Products and/or Services must be delivered in a good state of repair and/or completed in an appropriate and timely manner in accordance with the terms of this Purchase Order and/or the Data and Design of the Product. The shipping notice covering the Product must specify the Purchase Order (PO) number, quantities, description of the Product and the Company code number, if required.
- Under no circumstances, including but not limited to the Force Majeure, shall the Supplier change the specifications of the Product and/or Service, the date of delivery of the Product to the Company and/or the date of the completion of the Service, the price of the Product and/or Service, the point of delivery of the Product and/or the completion of the Service, the data or procedures for payment without the written consent of the Company.
- In the event that the business activities of the Company are disrupted, prevented or delayed in production due to circumstances beyond the control of the Company, the Company may decide to push back the date or dates of delivery of the Products and/or the completion of the Services. In the event a Product has not yet been delivered and/or a Service has not yet been completed by the Supplier to the Company at an agreed upon time for any reason whatsoever, the Company shall have discretion to cancel the whole or any part of the order without any obligation to give any compensation.
- The Company shall not be liable for any order unless it has been confirmed and stated in this Purchase Order (PO) or other documents (if any) that are authentic and printed-out and signed by the Authorized Officer of the Company.
Inspection and Rejection
- In the case of Purchase Order of a Product, the Company shall be entitled to inspect the Product during the manufacturing process and at the time of receipt by the Company. In the event that the Product delivered to the Company not in a good state of repair and in due time, and in accordance with the terms of this Purchase Order and/or the Data and Design of the Product, or the Product is delivered in a damaged or defective state of repair, the Company may return that Product and/or request the Supplier to repair and replace the Product entirely at the Supplier's expenses, or cancel the order of the Product without any obligation to pay the price of the Product whose order has been canceled, or compensation.
- In the case of Purchase Order of a Service, if the Service is not completed in an appropriate and timely manner in accordance with the terms of this Purchase Order and/or the Data and Design of the Service, the Company may, at the Supplier's expenses, request the Supplier to promptly repair or reach the completion of the Service, or cancel the order of the Service without any obligation of the Company to pay the price of the Service whose order has been canceled, or compensation.
Warranties of the Supplier
- The Supplier warrants that:
(a) The Products and/or Services shall conform with the specifications, descriptions or Sample Proof (Products only) as required in this Purchase Order and/or the Data and Design of the Product and Service and be delivered in a timely manner and on schedule as determined by the Company;
(b) The Products and/or Services shall be suitable for any purpose explicitly or implicitly communicated to the Supplier by the Company;
(c) The Products and/or Services are of the highest quality and/or standard for the delivery of similar Products and/or completion of similar Services;
(d) The Products and/or Services comply with all applicable regulations;
(e) The Products are free from any encumbrances or charges;
(f) The Products are delivered undamaged and defect-free.
These warranties are in addition to any other warranties provided by the Supplier or implied by applicable law.
