These Customer Terms and Conditions constitute an integral and inseparable part of the New Customer Application Form of
PT Indoguna Utama (hereinafter "Application Form").
1. Requirements
1.1 To register as a Customer of PT Indoguna Utama, the prospective Customer must complete the Application Form, and provide PT
Indoguna Utama with the following documents (in the form of photocopy):
a. Individual
- Resident Identity Card (KTP) of the business owner
- Tax ID No. (NPWP) of the business owner
- Family Card (KK) of the business owner
b. Business Enterprise (Company)
- Tax ID No. (NPWP) of the company (PT, Firma, CV)
- Deed of Establishment
- Latest Deed of Amendment to the Articles of Association
- Latest Deed of Composition of the Board of Directors/Management Board
- Resident Identity Card (KTP) of Members of the Board of Directors /Management Board
- Business Identification Number (NIB)
1.2 PT Indoguna Utama will process the Customer’s Application Form after receiving the completed Application Form and the required
documents specified in subsection 1.1 from the Customer. The estimated time for processing the Customer’s application is 2 – 3
business days after PT Indoguna Utama receives the Application Form and the complete required documents.
1.3 PT Indoguna Utama reserves the right to reject the Customer’s application for any reason.
2. Price
2.1 All product prices exclude VAT at the rate applicable under the tax regulations in the Republic of Indonesia.
2.2 The Customer agrees that the applicable product prices are those specified in the latest Pricelist and/or the prices agreed upon
between PT Indoguna Utama and the Customer.
2.3 If there is a price change/price difference, the Customer shall issue a revised order and/or purchase order (PO) to PT Indoguna
Utama.
3. Order/Purchase Order (PO)
3.1 To make a purchase, the Customer places an order and/or issues a purchase order (PO) to PT Indoguna Utama. Such order and/or
purchase order (PO) is subject to these Terms and Conditions.
3.2 In the event the Customer issues a purchase order (PO), such purchase order (PO) constitutes a confirmation of the Customer’s
request to PT Indoguna Utama to supply any products to the Customer.
3.3 A purchase order (PO) must set out, among other things, the total price, product quantity, quantity unit, and product description.
3.4 The Customer may not cancel or suspend an order and/or a purchase order (PO) or any part of it unless such cancellation or
suspension is made at least 1 business day before the agreed delivery date (D-1).
3.5 The Customer must place an order and/or deliver a purchase order (PO) on any business day, i.e., Monday – Friday, 08:30 – 15:00
WIB. If the order and/or purchase order (PO) is received outside the prescribed time, PT Indoguna Utama will process the order
and/orpurchase order (PO) on the following business day.
3.6 PT Indoguna Utama has the right to not process the Customer's order and/or purchase order (PO) if there is a discrepancy between
the prices and/or the quantity units set out in the PO and the provisions applicable at PT Indoguna Utama.
4. Payment
4.1 Virtual Account.
Unless agreed otherwise between PT Indoguna Utama and the Customer, the Customer must make payments to PT Indoguna Utama
through a virtual account with PT Bank Central Asia Tbk (BCA). The Customer will obtain the BCA virtual account number on D+1
business day after the account opening is approved.
4.2 The Customer must make payments to PT Indoguna Utama according to the invoices provided by PT Indoguna Utama to the
Customer.
4.3 The Customer must fully pay for an order before PT Indoguna Utama delivers the order to the Customer (Payment in Advance).
4.4 To the extent permitted by PT Indoguna Utama, the Customer may make payments with a term payment method, and the Customer
must punctually pay the invoice according to the agreed term. PT Indoguna Utama reserves the right to modify/cancel the term
payment method at any time.
5. Payment Default
If the Customer fails to pay by the due date any amount payable to PT Indoguna Utama, PT Indoguna Utama reserves the right to:
a. impose a penalty of 1% (one percent) per month of the overdue amount for the period from the payment due date until the date of
payment in full;
b. cease or suspend the supply and/or delivery of any products to the Customer;
c. upon written notice to the Customer, terminate any contract with the Customer without prejudice to the rights of PT Indoguna Utama
arising therefrom.
d. engage third-party services to demand any payment from the Customer and/or pursue any legal proceedings, whether civil or criminal,
to recover its rights from the Customer. The Customer must indemnify PT Indoguna Utama for any costs and losses incurred by PT
Indoguna Utama in connection with the Customer’s payment default, including but not limited to attorney fees, court costs, or other
costs related to the collection of such unpaid amount.
6. Delivery
6.1 Products will be delivered by PT Indoguna Utama using its own internal delivery fleet, unless agreed otherwise.
6.2 If agreed that the Customer will use the services of a third-party courier service provider, the Customer is responsible for designating
such third-party courier service provider of their own choosing. The Customer is deemed to have taken delivery of the products upon
handover of the products by PT Indoguna Utama to the relevant third-party courier service provider, and the Customer will hold PT
Indoguna Utama harmless against any loss, cost, loss, or damage suffered by the Customer in connection with such product delivery
by the third-party courier service provider.
6.3 Unless agreed otherwise, the Customer is responsible for all costs associated with delivery, including insurance (if necessary), and
other costs that may arise from the point of delivery to the point of delivery specified by the Customer.
6.4 If PT Indoguna Utama has made part delivery of the products, PT Indoguna Utama may invoice the Customer for the products that
have been delivered.
6.5 If delivery has been made but there is no objection or confirmation of receipt by the Customer within 1x24 hours, the Customer is
deemed to have taken delivery of the products, and the Customer is not entitled to return the products or make any other claim with
respect to the delivered products.
7. Product Returns
Product returns may be accepted by PT Indoguna Utama if made within a maximum of 1 x 24 hours after the products are received by the
Customer. If the products are not received within the prescribed period, PT Indoguna Utama has the right to refuse the product return
request, and the Customer must make payment according to the invoice issued by PT Indoguna Utama to the Customer.
8. Amendment of Terms and Conditions
PT Indoguna Utama has the right to amend these Terms and Conditions at any time and from time to time. Any amendment hereto will be
notified to the Customer via email and/or through other means and will apply to any order placed after the date of such notice.
9. Notice
9.1 Notice from PT Indoguna Utama to the Customer
Any notice from PT Indoguna Utama to the Customer will be sent to the address and/or email and/or other media specified by the
Customer in the Application Form. Any notice sent to the Customer through such means will be deemed to have been received by the
Customer within 2 (two) calendar days after it is sent.
9.2 Notice from the Customer to PT Indoguna Utama
Any notice that must be provided by the Customer to PT Indoguna Utama must be made in writing and sent by registered mail or
email or through other means permitted by PT Indoguna Utama. The Customer can contact the Person in Charge (PIC) at PT
Indoguna Utama or contact the office of PT Indoguna Utama:
PT INDOGUNA UTAMA
Jl. Taruna No. 8, Pondok Bambu Jakarta Timur 13430.
Phone : (+62-21) 8610550
Email : sales@ptindoguna.com
Website : www.indoguna.co.id
10. Force Majeure
PT Indoguna Utama shall not be liable in any form to the Customer for any losses arising from events beyond its reasonable control,
including but not limited to industrial disputes, strikes, lockouts, accidents, damage, import or export restrictions, natural disasters, acts or
threats of terrorism, or acts of war. In the event of force majeure, PT Indoguna Utama may suspend or terminate the performance of its
obligations to the Customer or otherwise terminate its business relationship with the Customer by giving written notice to the Customer.
11. Governing Law and Dispute Resolution
11.1 These Terms and Conditions shall be governed by and construed under the laws of the Republic of Indonesia.
11.2 In the event of a dispute between the two parties, the parties will resolve the dispute in an amicable manner. If such amicable
resolution fails, the parties agree to resolve the dispute through the East Jakarta District Court or any other competent district court.
12. No Waiver
No failure or delay by PT Indoguna Utama in exercising any of its rights and remedies under these Terms and Conditions shall operate
as a waiver by PT Indoguna Utama of such rights and remedies in the event of the Customer’s failure to comply with any of its
obligations under these Terms and Conditions.
13. Severability
If any provision of these Terms and Conditions is held to be illegal or unenforceable, it shall be severed from the other provisions, and
therefore these Terms & Conditions shall remain valid and binding.
14. Binding Agreement
These Terms and Conditions shall operate as a binding agreement between the Customer and PT Indoguna Utama. By making any
transaction with PT Indoguna Utama, the Customer is deemed to have agreed to these Terms and Conditions and hereby acknowledges
that these Terms and Conditions constitute a valid and binding agreement, enforceable under the laws and regulations prevailing in the
Republic of Indonesia, even though no separate agreement is executed between the Customer and PT Indoguna Utama.
