Terms & Conditions
Descriptions and Product Information
All products displayed on this website are available only whilst stocks last. Every effort has been made to reflect product colours as accurately as possible. However, due to factors such as differences in monitors and screen settings, we are unable to guarantee that the colour you will see on your monitor will accurately reflect the true colour of the product.
All drawings, photos, descriptive matter, specifications and advertising issued on this website and any descriptions, photos or illustrations contained in Noviardi’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the products described in them. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this regard.
Modifications to products outside the standard specifications may be possible. All requests for modifications must be submitted in writing and are subject to Noviardi's approval. Additional lead time and surcharge will apply.
Reproducing Noviardi's product, entirely is illegal and forbidden. Reproducing and developing from Noviardi's original design/ideas is also illegal. BUYER understands that special techniques in the arts, developed or accumulated by Noviardi at its own time and expense, will be employed to benefit the BUYER under Purchase Order, and agrees that such special techniques are proprietary and shall not be disclosed to any third party during or subsequent to the term of Purchase Order without Noviardi's prior written consent, provided, however, that nothing herein shall eliminate the BUYER's right to disclose any data provided by Noviardi hereunder which (a) was furnished by Noviardi prior to Purchase Order / Contract without restrictions; (b)becomes knowledge available within the public domain or (c) is received by the BUYER from a third party without restriction and without breach of Purchase Order / Contract.
An order confirmation will be forwarded to BUYER in acknowledgement of receipt of BUYER'S order. This document superseded all prior correspondence in relation to buyer's order (verbal, written, graphic or otherwise). SELLER will proceed with buyer's order, as per buyer's order confirmation, unless SELLER receive written notification of any requested changes with 24 hours.
Order Amendments of Changes
Once BUYER order has been confirmed any request for subsequent changes must be sent in writing. No guarantee can be given that the requested change can be made. Any variation or cancellation agreed to by Noviardi will incur additional costs.
Promised delivery has been stated in our quotation and order acknowledgement. Please contact our sales office for current lead time update. Failure to provide all relevant information may delay lead times. Whilst we will make every effort to achieve nominated delivery dates.
Delivery Outside Jakarta
Freight and all delivery cost to destination outside Jakarta is paid by the BUYER / shall refer to Noviardi quotation.
Terms of Payment
Terms of payment shall refer to Noviardi quotation or as mutually agreed in writing by the parties. Buyer shall pay Noviardi for the Products and Services by paying all invoiced amounts, without set-off for anypayment from Noviardi not due under this Purchase Order / Contract, within seven (7) days from the invoice date.
The material production process will be started once Noviardi receive proof of Down Payment Transfer to Noviardi Back Account Number mention in Noviardi quotation.
Whether there is a cancellation of purchase, Down Payment has been paid / transferred is non-refundable.
Title and Risk of Loss or Damage
Risk of loss of or damage to the Material shall pass to the BUYER received materials, or upon completion of erection of the material when Noviardi is providing the erection labor. From the date that risk of loss of or damage to the materials passes to the BUYER as provided above, and until the Contract Price is paid in full and all obligations of Noviardi hereunder have terminated, the BUYER shall, assume the complete risk of loss of or damage to the materials no matter how caused and shall hold Noviardi harmless from any such liability. Noviardi shall not be liable for any expense, loss or damage resulting from weather damage, bad handling, and damage caused by lack of gradual maintenance, and accident.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees.
However, we will not be liable for any loss of revenue, loss of profit, loss of contract, loss of business or any anticipated savings, loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this agreement.
We also have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Delay in Performance
The time of working process is according to the initial agreement, and whether there is an unavoidable delay, the customer will be given a prior notice. Noviardi shall not be liable for any expense, loss or damage resulting from delay or prevention of performance caused by fires, floods, acts of God, strikes, labor disputes, labor shortages, lack of or reasonable inability to obtain materials, equipment, supplies, riots, thefts, accidents, transportation delays, acts or failure to act of Government or BUYER, delay in obtaining licenses, major materials breakdown, or any other cause whatsoever, whether similar or dissimilar to those enumerated above, beyond the reasonable control of Noviardi. In the event of any delay arising by reason of the foregoing, the time for performance shall be extended by a period of time equal to the time lost by reason of such delay and any other affected provisions of the Noviardi, including the price, shall be equitably adjusted.
Inspection of products is required on delivery. Any damage must be noted on delivery docket presented to you by carrier for signature. Notification is required within 24 hours to our sales office of any damages or shortages. We will not be responsible for any damage unless we are notified within time period specified above. Claim It shall be the responsibility of the BUYER to provide prompt written notice of the assertion of any claim of infringement and to make available all other needed information, assistance, and authority it possesses for the defense of any suit or proceeding in which such claim is asserted.
If any changes are required in the materials to meet the requirements of any such regulatory bodies, the BUYER shall inform Noviardi of the changes needed and if the changes can be practicably accomplished, Noviardi will make such changes. However, the Purchase Order / Contract Price, schedule, and other affected provisions of this Purchase Order / Contract shall be subject to appropriate adjustment.
Change in Law
If there is any change in law, regulation, procedure, legislation, governing rules, taxation (whether new or an increase in an existing tax), or if there is a change in the enforcement practices of any of the foregoing by any public or governmental authority or quasi-governmental authority which adversely affects Noviardi's costs, schedule, or performance, then both the Contract price and the schedule shall be subject to adjustment.
All references herein to terms of trade shall be interpreted in accordance with Incoterms 2010.