1.    a) All and any business undertaken, including any mode of communication of advice, information or service provided whether gratuitously or otherwise is transacted subject to condition hereinafter set out and each and every condition shall be deemed to be expressly incorporated in and condition of any agreement between the Company and its customers. An agent or employee of the Company has no authority whether expressed or implied to alter, vary or otherwise to depart from the said Conditions.

        b) If any legislation is or has become compulsorily applicable to any business undertaken, the said Conditions shall regards such business be read as subject to such legislation and nothing in the said Condition shall be construed as a surrender or derogation by the Company of any of its rights, powers, privileges or immunities or alternatively as an increase of any of its duties or liability under such legislation and if any part of said Conditions be repugnant to such legislation to any extent such part shall regards such business be void to that extent but no further. 

2. The Company hereby declares that it has its own facility for servicing, repairs and reconditioning of tools, machinery and equipment subject to conditions set out hereinafter.

3. Customer entering into transactions of any kind with the Company shall be deemed to be owners or the authorized agents having the consent or lawful authority of the owners of any tools, machinery and equipment to which the transaction relates and further deemed to be authorized to accept and are accepting the said conditions not only for themselves but as agents for and on behalf or all other persons who are or may thereafter become interested in the tools, machinery and equipment

4. All and any tools, machinery and equipment received are subject to the Company weight, count and inspection.

5. All and any copper connectors, gaskets, transfer tubes and seals deflectors shall be deemed to be removed by customers. The company shall not be liable for any damaged copper parts unless otherwise agreed in writing on order confirmation.

6. Upon receipt of the tools, machinery and equipment, the Company shall make a quotation for the services required, such quotation shall be accepted by the customer within 14 days of its receipt.

7. Failure by the customer to accept within the time specified hereof shall be deemed as rejection of the quotation, whereupon the customer shall remove or dispose of the tools, machinery and equipment from the Company’s premises. The Company shall not be liable for any damages or any consequential losses arising from or in connection with their possession. 

8. It shall be the sole discretion of the Company to levy storage charges on all tools, machinery and equipment remaining in the possession of the Company until the same is removed or disposed of from the Company’s premises.

9. It shall be the sole discretion of the Company to impose charges for inspection work carried out by the Company in determining its stability for work in servicing, repairing or reconditioning.

10. The customer shall be notified if the tools, machinery and equipment are found unsuitable for work upon inspection and the customer may remove or dispose of the same subject to payment of the inspection and handling charges to the Company.

11. If upon such notification by the Company, the customer fails to pay the inspection and handling charges within 14 days of notification of payment, the Company shall have the sole discretion to dispose of the tools, machinery and equipment as scrap. The proceeds of scrap shall first be applied to cover the Company’s inspection and handling charges, and any excess sum remaining thereafter shall be returned to the customer.

12. All and any quotations are based upon the defects or damages as revealed by the visual inspection and facts as disclosed by the customer at the time of the said inspection to the Company. Further, unless otherwise agreed to in writing the Company shall be entitled after disassembly of the tools, machinery and equipment into its component parts to vary the charges without prior notice on account of defects or damages at the time of inspection.

13. The customer shall be deemed to be found by all descriptions, technical specifications, instructions, values and any other particulars furnished to the Company for estimating and other purposes and further undertakes to identify the Company against all losses, damages, and expenses howsoever arising from any inaccuracy, failure or omission by the customer of any willful default or negligence on the part of the Company.

14. All invoices shall be paid for by the customer in full notwithstanding the tools, machinery and equipment may be accepted or dealt with upon instructions by the customer to collect from a third party, the customer shall be liable for the same to extent that it remain wholly or partly unpaid by a third party and such sums due with interest there of shall become payable immediately upon demand.

15. Unless otherwise agreed in writing, payment term shall be COD (Cash on Delivery). If payment term other than COD had been agreed upon, an interest rate of 1.5% per, month by way of liquidated damages shall be chargeable on all overdue accounts.

16. All tools, machinery and equipment (and documents relating thereto) shall be subject to a particular and general lien and right of detention for moneys due either in respect of such tools, machinery and equipment, or for any particulars or general balance or other moneys due from the customer or its agents or owner to the Company. If any moneys due to the Company are not paid within 30 days after notice has been given to the persons from whom the moneys are due that such tools, machinery and equipment are being detained, they may be sold by auction or otherwise at the sole discretion of the Company and at the expense of such person, and the net proceeds applies in or towards satisfaction of such indebt ness. Any excess sum remaining shall be returned to the customer. This exercise of the right of lien shall not prejudice the Company’s right to sue for the balance if the net sale proceeds prove to be insufficient. 

17. It shall be the sole discretion of the Company to exercise the choice of production time schedule and the term of delivery or completion time is only as estimate subject to change without prior notice.

18. The Company shall not be liable for any claims or damages whether actual or consequential for any delay in completion time howsoever arising.

19. a) The Company warrant that all tools, machinery and equipment reconditioned (not including servicing and repairing) when used under normal operating conditions shall be 2,500 operating hours or six (6) months whichever comes first against defective workmanship.
    b) Valve Products – The Company warrants the buyer as the original purchaser that all repairs on valves undertaken shall be free from defects in material or workmanship for a period of one year after the date of sale when properly and correctly installed and operated. Sole obligation of the Company under this warranty shall be to repair or replace any such components which falls within the warranty period provided that from inspection carried out such components revealed having failed due to defective material or workmanship carried out during repairs by the Company. The Company makes no other warranty of any kind exceeds there obligations.

20. No claim shall be brought by the customer to enforce the warranty aforesaid unless.
        a) Notice be received in writing within the warranty period;
        b) Payment terms were complied with;
        c) Any damages or defects not due to wear and tear and / or excessive use by the customer after delivery; and
        d) Any damages of defect not sustained in the course or transportation, storage or delivery of articles.

21. The Company shall not be liable for any defects whatsoever appearing or shall have come to the knowledge of the customer after the expiration of the warranty period.

22. The Company shall not be under any obligation to insure the tools, machinery and equipment of the customer against material damage by fire or accident.

Good quality grey cast iron rings should be used in Porous Krome plated liners. Steel, chrome plated or spheroidal graphite cast iron rings must not be used.

PT SSE-Van Der Horst Indonesia 

Date: July 1, 2015