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Terms and Conditions

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BaliLotus Terms and Conditions

1. Unless otherwise agreed in writing by BaliLotus (BL) these conditions shall govern a contract between BL and the buyer and these conditions shall include the entire bargain made between BL 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.

2. While BL 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 BL 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.

3. BL 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.

4. BL reserves the right to charge the buyer a reasonable storage charge to be fixed by BL in any case where goods are stored by BL at the buyers request and full payment for this service is due and will be paid before goods are released to the buyer.

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 BL may charge interest at the rate of 3% per month on any outstanding balance from the due date until settlement.

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.

7. If the buyer should fail to pay all sums due to BL on the due date BL 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.

8.  If BL shall believe the buyer to be insolvent BL 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.

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 BL but is an indication of the price ruling at the date of quotation only.

10. BL 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 BL.

11. In the event of BL 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 BL shall deliver/loading of stock into container and the buyer shall take such part of the said order or instalment as BL 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.

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 BL 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 BL 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".

13. All goods are quality controlled and suitably packed by BL before delivery/loading onto container, BL 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.

14. The buyer is advised in its own interest to examine goods before signing delivery notes as BL accepts no responsibility for material which has been damaged during transit. It is advised that buyer employs independent quality controllers to assess BL's quality.

15. Although great care is taken in the choice of material used in the manufacture of BL's product their suitability for packing any particular commodity is at the buyers risk and unless specifically agreed in writing by BL 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 BL 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 BL for any loss of any kind where arising directly from the goods supplied by BL.

16. While every effort will be made by BL to supply materials in accordance with any sample submitted BL gives no guarantee, condition, warranty or representations (whether express implied) that the bulk will correspond with the sample.

17. BL 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.

18. We reserve the right of ownership to goods until payment has been received in full.

19. All agreements between BL and its customers shall be governed in all respects by Indonesian Law.

20. BL'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.