PT. Hartanzah Manufaktur Indonesia
General Terms and Conditions of Sale for Domestic and International Transactions

1. Scope of Validity; Quotations and Agreement Formation; Definition of Supplied Goods and/or Services

1.1 Quotations from PT. Hartanzah Manufaktur Indonesia (hereafter referred to as the "Supplier"), along with the acceptance of orders and the delivery of all goods and services by the Supplier, are governed exclusively by these "General Terms and Conditions of Sale." The Customer's standard terms and conditions are expressly excluded and will not bind the Supplier, even if the Supplier does not explicitly object to their inclusion at the time of contract formation. These General Terms and Conditions of Sale will also apply to all future transactions between the parties without requiring further reference. They will similarly apply to subsequent agreements, even if not specifically mentioned by the Supplier. This is especially true when the Supplier authorizes the delivery of goods and/or services to the Customer without reservation, despite being aware of any conflicting terms and conditions from the Customer.

1.2 All quotations provided by the Supplier are provisional and require order confirmation in written form from the Supplier, unless otherwise agreed upon in writing.

1.3 All agreements, including those made with the Supplier’s representatives, must be confirmed in writing by the Supplier to be valid. Any changes, additions, or supplementary agreements also need written confirmation to take effect, and this requirement applies to any exceptions to the textual form requirement as well. Written confirmation can be in the form of an email. No verbal collateral agreements were made at the time of contract formation incorporating these General Terms and Conditions of Sale.

1.4 The following items shall not be legally binding in any way: advertising statements and documents accompanying the quotation, including pictures, drawings, weights, dimensions, performance data, technical descriptions, and data sheets, as well as the specifications and technical descriptions in product information brochures or advertising materials. These items only form part of the agreement if expressly incorporated by the parties. They do not represent agreed qualities nor constitute a guarantee of any kind regarding the nature or durability of the items delivered by the Supplier unless expressly agreed otherwise. All guarantee liabilities assumed by the Supplier require an explicit agreement in writing with the Customer. The Supplier will provide consulting services only based on a written agreement.

1.5 The Supplier may modify the design, upgrade, concept, or form of the delivered items and reserves the right to alter the items, their format, and the scope of delivery during the delivery period, as long as these changes do not significantly alter the delivered items or impose unreasonable consequences on the Customer. The Supplier also reserves the right to make reasonable changes due to technological advancements and/or to improve the delivered items.

2. Extent of the Supplier's responsibility for delivery.

2.1 The delivery does not include the following items unless explicitly specified in the order confirmation: on-site excavation or construction work, erection of structural items or scaffolding, formwork for supports or anchor points, brick-built anchoring points, cantilever reinforcement, railings, pipe clamps, other preliminary work, or the provision of special devices, tools, or materials such as walling materials, outlet conduits, scaffolding, fastening items (if related to the building), as well as power and utility hook-ups and corresponding connection conduits between individual equipment items. The Customer is responsible for leveling the surface, determining foundation heights, and procuring necessary materials.

2.2 The Supplier will invoice separately for any installation or initial start-up work performed in addition to delivering the machine itself. The Supplier's General Terms and Conditions for Installation and Repair Work, both domestically and internationally, will apply in all such instances.

2.3 The Supplier maintains full ownership rights, copyright, and exploitation rights over quotations, drawings, and other documentation provided to the Customer. These materials must not be disclosed to third parties without written approval from the Supplier.

3. Prices

3.1 The prices specified apply, unless otherwise agreed, to the Supplier's delivery of the ordered items ex-works (EXW), and specifically exclude costs for packaging, shipping, freight, and setup.

3.2 If, in rare cases, the Supplier incurs fixed freight costs, export/import duties, customs charges, or similar expenses, the Customer is responsible for reimbursing the Supplier for any cost increases that occur before delivery.

4. Terms of payment.

4.1 Unless otherwise agreed upon separately, payment strictly in cash without deductions is to be made as follows: 60% upon placing an order and receiving confirmation thereof, and 40% upon completion of the order and notification of readiness for dispatch. Payment must be made no later than 15 days after notification of readiness for dispatch.

4.2 If the Customer fails to make a payment on time, or if their financial situation significantly deteriorates after the contract is concluded, jeopardizing payment, the Supplier may require immediate payment of any outstanding debt and demand advance payment, deposit, or immediate payment for completed shipments as per this contract. This clause applies especially if the Customer stops making payments. In case of late payment, the Customer will be charged late payment interest at a rate of 4 percentage points above the basic interest rate.

4.3 If both the Supplier and the Customer agree to cancel an agreement at the Customer’s request, the Customer must reimburse the Supplier for all costs incurred up to that point, including a reasonable amount to compensate for lost profits. The Supplier is required to provide sufficient evidence of its entitlement to these reimbursements.

5. Delivery Timeline and Potential Delays.

5.1 The agreed delivery period commences, unless otherwise specified, upon the Supplier's order confirmation, provided that both parties have resolved any pertinent administrative and technical issues affecting the delivery. It is contingent upon the Customer fulfilling all obligations, such as obtaining necessary official permits, and settling outstanding payments. Any failure to meet these obligations reasonably extends the delivery period. Additionally, substantial changes made by the Customer to the original order will also extend the delivery period. The delivery period starts upon the Customer's receipt of the order confirmation, irrespective of the Customer's cooperation obligations, if the delay is attributable to the Supplier.

5.2 Adherence to the delivery schedule depends on timely and accurate deliveries from original suppliers. The Supplier will promptly notify the Customer of any potential delays.

5.3 In cases of force majeure or other unforeseen and extraordinary circumstances beyond the Supplier's control, such as fire, flood, equipment malfunction, failure of original suppliers to meet delivery dates or deliver at all, production interruptions due to raw material shortages, power supply issues, staff availability, strikes, lockouts, transportation difficulties, traffic congestion, governmental actions, epidemics, pandemics, diseases, or quarantine measures, the Supplier may delay delivery or fulfillment of the agreement for the duration of such circumstances, plus a reasonable recovery period. If these circumstances prevent the Supplier, without fault of its own, from meeting its obligations under the agreement, delivery or performance may be delayed. If the delay exceeds three months, both the Supplier and the Customer have the right to cancel the contract regarding the affected delivery quantities or performances, with no claims for damages compensation.

5.4 The Supplier shall be entitled to carry out partial deliveries of the goods and services concerned within the agreed delivery schedule, if this is reasonable for the Customer.

5.5 If the Supplier is responsible for a delayed delivery or production, the Supplier's liability to the Customer is limited to a fixed compensation for delay of 0.3% of the net purchase price per full week of delay, up to a maximum of 5% of the agreed purchase price for the affected part of the total delivery. This compensation is payable only if the Customer has incurred losses or damages of at least this amount. The Supplier reserves the right to verify whether the delay has resulted in no loss or significantly less loss to the Customer than the aforementioned fixed payment would cover.

6. Delivery of products.

6.1 Delivery terms are ex-works (EXW), unless otherwise expressly agreed in writing between the Supplier and Customer. Once the items are made available for dispatch, the risk of accidental loss or damage passes to the Customer upon notification of availability for collection or shipment. In all other cases, the risk transfers to the Customer when the items are handed over to the carrier. The risk also transfers to the Customer in the case of partial shipments or if the Supplier agrees to additional responsibilities such as covering shipment costs. If shipment is delayed due to reasons attributable to the Customer, the risk transfers to the Customer when the Supplier notifies them that the goods are ready for shipment.

6.2 Packaging and shipping arrangements are determined solely by the Supplier and are at the expense of the Customer. The Supplier has the authority to choose the packaging, shipping route, and mode of transportation unless otherwise specified in a special agreement.

7. Customer’s claims in case of defects.
Defects as to quality

7.1 The Customer can only assert claims for quality defects (warranty claims) if they have fulfilled their obligations for inspection and notification. Defects must be immediately reported to the Supplier in written form. The defective part must be made available to the Supplier upon request for inspection purposes. A defective product is one that does not meet the expected or promised standards or specifications provided by the Supplier to the customer when the contract is agreed upon. Defects that can be claimed include issues in the product's functionality, rendering it entirely unusable according to its intended purpose or the user's expectations. However, products damaged due to use or misuse cannot be claimed by the customer.

7.2 If a defect only results in a minor decrease in the value or utility of the delivered goods, the Customer cannot make warranty claims. This also applies when variations, such as in weights, dimensions, or colors, fall within typical industry tolerance ranges. Warranty claims are also excluded if damage to the delivered goods or other property of the Customer arises from improper use, incorrect assembly or commissioning by the Customer or a third party, natural wear and tear, improper or negligent handling, or the use of inappropriate operating supplies or replacement materials. Claims are similarly excluded for defective construction work not attributable to the Supplier, as well as chemical, electrochemical, or electrical influences beyond the Supplier's control

7.3 If the delivered goods exhibit quality defects (and all other mentioned conditions are met), the Supplier will, at its discretion, either repair the defect or provide a new parts for replacement free of charge.The Supplier covers the cost of the new parts for replacement, while transportation and labor costs are borne by the buyer. Items or components replaced by the Supplier under these conditions become the property of the Supplier.

7.4 The Customer must afford the Supplier the time and opportunity required to carry out the repair or rectify the defect in question. The Supplier shall otherwise be exempted from any liability for resulting consequences.

7.5 The Supplier shall accept no liability whatsoever for the consequences of unauthorised repairs carried out by the Customer or a third party acting on the Customer’s instructions. This condition shall also apply to modifications to the delivered goods, carried out without the Supplier’s prior approval, which result in loss or damage being incurred.

7.6 The warranty claim period is 12 months from the last invoice date, unless otherwise agreed upon in writing between the Supplier and the customer.

8. Installation price.

8.1 Services provided will be invoiced based on the actual time and expenses incurred, unless explicitly agreed otherwise. Our current rates for installation costs will be applicable.

8.2 The agreed field allowance applies not only to each working day but also to days when the service engineer is required to be present at the installation site for work-related reasons. In case of hospitalization at the installation site, this field allowance will be reduced by 70%, plus any ongoing accommodation costs.

8.3 Travel expenses include both the outbound and return journeys, utilizing the most appropriate mode of transport (such as rail, air, road, sea, etc.). Costs for transporting installation tools and other incidental expenses, as well as any cash expenditures related to travel (insurance, luggage fees, taxi fares, etc.), are also charged accordingly. If suitable lodging near the installation site is unavailable for the service engineer, any additional travel expenses between the installation site and the lodging must be reimbursed by the customer on-site.

8.4 The customer will be responsible for all expenses resulting from accidents or illness at the installation site, including travel costs for returning home, unless the accident or illness is attributable to our fault. Time spent visiting medical professionals, including travel time at the installation site, will be considered billable working hours.

8.5 All costs (labor fees, accommodation, transportation, visa, etc.) shall be paid 100% upfront by the customer according to the agreed duration of work initially. In case of additional work time agreed upon by the Supplier and customer, accommodation and transportation must still be paid upfront, while labor fees can be paid upon completion of the work.

8.6 The standard working hours per day are 8 hours. Hours worked beyond 8 hours will be subject to overtime at a rate of 50% of the daily labor cost multiplied by the number of overtime hours. The maximum overtime allowed per day is 4 hours. Overtime arrangements need to be agreed upon in advance by the field team and the customer.

8.7 The work carried out by the field team includes machine installation and supervision for third parties. This does not include lifting, on-site placement, pipe installation, civil work, and other tasks not covered by this agreement.

8.8 The unobstructed execution of installation and assembly requires that all installation workrooms are roofed, provided with gates and windows and generally made up such that staying therein neither impairs the health of the service personnel nor has a detrimental effect on the condition of the material.

9. Technical support; customer's obligation to collaborate.

9.1 The customer's technical support must ensure that installation can begin immediately upon the arrival of service personnel and proceed without any delays.

9.2 The customer has a duty to provide technical assistance and cooperation at his own cost; in particular he shall:
a). Ensure smooth transportation routes to the installation site and provide all necessary tools and equipment for the installation.
b). Undertake all supplementary tasks, such as excavation, construction, chiseling, scaffolding, casting of supports and anchors, sealing of walls, supports, consoles, railings, pipe clamps, and other preparatory work. If floor covering is applied later, the customer must handle leveling, foundation level determination, and provide necessary materials.
c). Timely supply all additional materials not included in our delivery scope, such as lining materials, vent pipes, erection scaffolding, fixing materials to ensure uninterrupted installation.
d).Provide auxiliary support teams as needed for supplementary tasks and, if required, masons, carpenters, fitters, electricians, and other skilled workers in numbers deemed necessary by us. These support teams will be available to our installation management for the duration of the installation or repair work, but they remain under the supervision, responsibility, and insurance of the customer.
e). provide all hoists and transport devices of the tool as well as the necessary items and materials required for installation (e.g. set-up timbers, wedges, supports, cleaning and sealing material, lubricants etc.)
f). provide for the sole use of the installation personnel a suitable lockable dry room for the storage of tools.
g). The customer is liable for all injuries and damage to property caused by his own personnel, auxiliary personnel provided by him or by any third parties. The customer will also bear full responsibility for any accidents, consequences of accidents and damage to property, which are caused by a culpable infringement of the customer‘s cooperation obligations. There is a liability of the customer in particular with regard to any damage due to an insufficient quality of the set-up tools and hoists - and other facilities provided by the customer, even if these were used by our personnel without any complaints.
h). In the event of any illness and accidents the customer is responsible for immediately taking any measures for the care and restoration to health of all persons affected by such illness or accidents, in particular to procure the attention of a medical doctor and - if necessary - transport and admittance to a hospital being operated in accordance with modern principles. We are to be informed immediately of any incidents of this type.All costs in connection with the sending of a replacement person will be charged to the customer.