| 1. |
Unless otherwise agreed in writing by Bali Export
Online (BEO) these conditions shall govern a contract between BEO and
the buyer and these conditions shall include the entire bargain made
between BEO and the buyer. In the case of any inconsistency between
these conditions and form of contract signed by the buyer or any terms
forward by the buyer these present conditions shall prevail.
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| 2. |
While BEO will endeavour to make delivery/loading of stock into
container on the date stated any delivery date specified is an
estimate only and time for delivery/loading of stock into container
shall not be deemed to be the essence of the contract nor shall BEO be
deemed to have waived the benefit of the condition by reason of
agreeing to delivery/loading of stock into container by a specific
date.
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| 3. |
BEO under no circumstances will be liable to the buyer neither for
the late delivery/loading of stock into container of the goods nor for
any damages incurred by the buyer as a result of or consequent upon
such late delivery/loading of stock into container.
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| 4. |
BEO reserves the right to charge the buyer a reasonable storage
charge to be fixed by BEO in any case where goods are stored by BEO at
the buyers request and full payment for this service is due and will
be paid before goods are released to the buyer.
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| 5. |
Payment of balance shall be made in full net before goods are
released to the buyer and the time for payment shall be deemed to be
of the essence of the contract. If the buyer shall fail to make
payment in full on the due date BEO may charge interest at the rate of
3% per month on any outstanding balance from the due date until
settlement.
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| 6. |
If the contract provides for delivery/loading of stock into
container by instalments each instalment shall be deemed to be the
subject of a separate contract and any complaint by the buyer in
respect of the state quality or condition of the goods included in any
instalment or in respect of non delivery/loading of stock into
container or delay in delivery/loading of stock into container of any
instalment or any other complaint shall not affect the balance of the
contract or entitle the buyer to cancel the same.
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| 7. |
If the buyer should fail to pay all sums due to BEO on the due date
BEO may:
(a) Without incurring liability of any kind suspend deliveries under
any contracts with the buyer while payments remain in arrears and/or
(b) Give notice in writing that if any such sum or sums of outstanding
be not proven in seven days any or all such contracts may be cancelled
and if all such sums are not paid within such time may be further
notice determine any or all such contracts and claim for repudiation.
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| 8. |
If BEO shall believe the buyer to be insolvent BEO may suspend
deliveries/loading of stock into container without incurring liability
of any kind and need not resume such deliveries/loading of stock into
container until special terms for payment have been agreed.
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| 9. |
All quotations are made and orders accepted subject to the
availability of materials and goods will be invoiced at the price
ruling the date of dispatch accordingly the price(s) attached to this
contract is not binding on BEO but is an indication of the price
ruling at the date of quotation only.
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| 10. |
BEO may wholly or partially suspend deliveries/loading of stock
into container or may cancel any contract or part thereof without
incurring liability in the event of production or delivery/loading of
stock into container of the goods invoiced being delayed discontinued
or prevented by reason of lock-outs, strikes, trade disputes,
breakdown of plant, fires, floods, volcanic eruptions, non
availability of materials or any other cause beyond the control of BEO.
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| 11. |
In the event of BEO being prevented from delivering/loading of
stock into container part or any order or instalment by reason of any
of the causes mentioned in the Clause 10 hereof BEO shall
deliver/loading of stock into container and the buyer shall take such
part of the said order or instalment as BEO shall be able to
deliver/loading of stock into container and the buyer shall pay for
the part delivered/loading of stock into container the same proportion
of the purchase price as the part delivered/loading of stock into
container bears to the whole of the order or instalment.
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| 12. |
No claim for damage in transit, shortage of delivery/loading of
stock into container or loss of goods will be considered unless in the
case of damage in transit or shortage of delivery/loading of stock
into container a separate notice in writing is given to the carrier
concerned and BEO within three days of receipt followed by a complete
claim in writing fourteen days of receipt and in the case of loss of
goods, notice in writing is given to the carrier concerned and to BEO
and a complete claim in writing made within fourteen days of dispatch.
Where goods are accepted from the carrier concerned without being
checked the delivery book of the carrier concerned must be signed
"not examined".
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| 13. |
All goods are quality controlled and suitably packed by BEO before
delivery/loading onto container, BEO guarantees that all reasonable
efforts are made to prevent damages occurring during transit and that
all deliveries are 'clean on board' to this extent to buyer accepts at
their own risk a damage waiver equivalent to 5% of the value of each
instalment.
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| 14. |
The buyer is advised in its own interest to examine goods before
signing delivery notes as BEO accepts no responsibility for material
which has been damaged during transit. It is advised that buyer
employs independent quality controllers to assess BEO's quality.
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| 15. |
Although great care is taken in the choice of material used in the
manufacture of BEO's product their suitability for packing any
particular commodity is at the buyers risk and unless specifically
agreed in writing by BEO no warranty, condition or representation is
given or shall be implied that the supplied are suitable in size,
shape, capacity, quality or otherwise for the purpose for which they
are bought. No representation, warranty, condition or guarantee of any
kind in respect of the state, quality of condition or the goods is
given by or on behalf of BEO not is any such representation,
condition, warranty or guarantee to be imported or implied into the
contract by stature, common law or otherwise. No responsibility is
accepted by BEO for any loss of any kind where arising directly from
the goods supplied by BEO.
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| 16. |
While every effort will be made by BEO to supply materials in
accordance with any sample submitted BEO gives no guarantee,
condition, warranty or representations (whether express implied) that
the bulk will correspond with the sample.
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| 17. |
BEO shall be indemnified by the buyer against any loss incurred in
respect of any demands, claims, costs, and expenses of whatever kind
arising out of any illegal, libellous or other matter manufactured for
the buyer or any infringement of copyright, patent or design
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| 18. |
We reserve the right of ownership to goods until payment has been
received in full.
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| 19. |
All agreements between BEO and its customers shall be governed in
all respects by Indonesian Law.
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| 20. |
BEO's terms of payment are strictly 50% deposit on receipt of pro
forma invoice. On the date of receipt of deposit order(s) will begin
the 50% balance is due and must be paid before goods leave any port of
Indonesia.
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