TERMS AND CONDITIONS APPLICABLE TO VENDORS (PROVIDERS OF GOODS OR SERVICES) AT PT SUMBERDAYA SEWATAMA AND ITS SUBSIDIARIES

 

These terms and conditions apply between PT Sumberdaya Sewatama and its subsidiaries, including PT Nagata Bisma Shakti and PT Pradipa Aryasatya (hereinafter refered as “Company”) and the Goods or Services Provider, or Goods and Services Provider (“Vendor”) as an inseparable part of an Agreement / Purchase Order that the Company has agreed with the Vendor. Terms and Conditions here apply other than what is written and regulated in the Agreement / Purchase Order. The acceptance and agreement of the Vendor for these Terms and Conditions have been agreed to take effect as of: (i) the Vendor receives the Purchase Order from the Company and there is no objection from the Vendor after 7 (seven) calendar days, or (ii) There is a written statement from the Vendor regarding the goods / services requested by the Company, or (iii) the delivery of goods or commencement of service performance by the Vendor

  1. Vendor Obligations: perform work according to the service / scope of work contained in the Agreement or Purchase Order delivered by The Company to the Vendor.
  2. Vendor Rights: receive payment according to the performance / service / scope of work that has been carried out and approved by The Company.
  3. The Company’s obligations: make payments for achievements / services / scope of work that have been carried out and approved.
  4. The Company Rights: get the work results according to the desired service / scope of work.
  5. This Agreement / Purchase Order is governed by and subject to the provisions of the laws and regulations of the Republic of Indonesia.
  6. Any dispute arising from the execution of this Agreement / Purchase Order will be resolved by deliberation to reach a consensus. If no agreement is reached after 30 days since the dispute was first submitted by either of the Parties, then the dispute will be resolved at the South Jakarta District Court.
  7. Neither Party shall be responsible for the other Party in carrying out its obligations as a result of the Force Majeure which occurred and is beyond the limits of the capabilities and powers of the Parties, which cannot be reasonably foreseen to be prevented, including but not limited to war ( declared or not), natural phenomena (floods, earthquakes, landslides, hurricanes, fires), epidemics, rebellions, social chaos, large-scale strikes, and / or laws, ordinances as a part of the government or state authorities A Party affected by a Force Majeure is obliged to notify in writing accompanied by an official statement from the competent authority to the other Party no later than 7 (seven) working days after the Force Majeure occurred.
  8. The Parties are responsible for all tax obligations that arise in connection with the implementation of this Agreement / Purchase Order in accordance with the applicable taxation provisions in the Republic of Indonesia.
  9. If one of the Parties violates this Agreement / Purchase Order (default) including but not limited to the mismatch of the provision of work goods / services, the Party who feels aggrieved has the right to send the first, second and third warning letters within 7 (seven) working days from each of these warning letters.
  10. This Agreement / Purchase Order can be terminated by The Company by giving written notice 7 (seven) days prior to the effective termination date. For termination / termination of this Purchase Order, the Parties agree to set aside Articles 1266 and 1267 of the Civil Code.
  11. If this Purchase Order / Agreement ends, the matters that are the rights and obligations of each Party that have not been resolved at the end of this Purchase Order will be completed by the Parties within 30 (thirty) days at the latest. starting from the end of this Agreement / Purchase Order
  12. Matters that have not been regulated in this Purchase Order will be further regulated by agreement of the Parties, and any changes to this Purchase Order can only be made in writing and agreed upon by the Parties.
  13. The Company’s responsibilities are limited to matters expressly stated in this Agreement / Purchase Order, and does not include any other obligations, duties or responsibilities to the Vendor.
  14. The Vendor and The Company guarantee that they do not and will not pay any wages, commissions or rewards or give a gift or discount in any form, directly or indirectly to an official, employee, agent or representative of the Customer or The Company’s representative, whether directly or indirectly. general or in connection with this Agreement / Purchase Order, either as an inducement to obtain this Purchase Order, or as an acknowledgment of an arrangement between the Customer and The Company. Violation of this will result in termination / termination of the Agreement / Purchase Order, and all costs and losses arising from the termination above will be borne by the Party who violates this provision.
  15. The vendor guarantees that:
    • In this Agreement / Purchase Order represented by a legitimate representative to represent the entity
    • Has all the necessary permits and / or certification to be able to carry out its obligations, including but not limited to K3 (Occupational Safety and Health) certification.
    • Insure all assets, employees, and property belonging to each of them in connection with the implementation of this Purchase Order in accordance with the applicable provisions
    • Will carry out work with full responsibility and provide guarantees / guarantees for the work that has been done.
    • Will not carry out additional work and / or provide additional spare parts / other products or make modifications / changes in any form without obtaining prior written approval from the Party who will be obliged to pay any and all costs and or expenses and / or replacements incurred. arising from the implementation of the additional Work
    • Responsible for all handling related to waste that arises from the results of the work performed.
  16. The Company will impose a penalty of 1‰ (one thousandth) of the total value stated on the Purchase Order for each day of delay in fulfilling the Vendor’s obligations, with a maximum penalty of 5% (five percent) of the total value stated on the Purchase Order. If the penalty nominal has reached 5% (five percent), the Company will issue a Warning Letter and may take the necessary legal action.
  17. Any matters that have not been adequately regulated in these terms and conditions will be further regulated by the Company in a written document.