Terms and conditions
1. Definitions
“Seller” means Alam Ina Group, PT PMA Indonesia.
“Buyer” means the contracting purchaser of the Goods.
“Goods” means coconut-based raw materials and related commodities supplied by Seller.
“Incoterms” refers to Incoterms® 2020 issued by the International Chamber of Commerce (ICC).
2. Applicability
These General Terms and Conditions (“GTC”) apply to all quotations, proforma invoices, sales agreements, and deliveries made by Seller unless expressly agreed otherwise in writing.
Any terms of Buyer are expressly rejected unless accepted in writing by Seller.
3. Quotations and Orders
All quotations are non-binding and subject to confirmation by Seller.
A contract is concluded only upon written confirmation by Seller or issuance of a proforma invoice / sales contract by Seller.
4. Price and Currency
All prices are stated in USD unless otherwise agreed.
Prices are based on FOB Indonesian Port – Incoterms® 2020.
Seller may adjust prices prior to confirmation due to raw material fluctuations, logistics/port cost changes, currency movements, or governmental measures.
5. Payment Terms
Standard payment structure:
30% advance payment upon order confirmation.
70% balance payment against copy Bill of Lading and shipping documents prior to release of original documents.
For new customers, Seller may require:
100% advance payment, or
Irrevocable Letter of Credit at sight issued by a first-class bank acceptable to Seller.
Late payments bear interest of 1.5% per month (or maximum permitted by law). Seller may suspend delivery and/or withhold documents if payment obligations are not met.
6. Delivery Terms – FOB
Delivery shall be FOB Indonesian Port (Incoterms® 2020).
Risk transfers to Buyer once the Goods are loaded on board the vessel.
Buyer is responsible for ocean freight, insurance, import clearance, duties and taxes.
Delivery dates are approximate and not strict deadlines. Partial shipment is allowed unless agreed otherwise.
7. Inspection and Quality
Quality shall be determined by COA and/or independent inspection (SGS, Bureau Veritas, Intertek) at the port of loading.
Inspection results at loading port are final and binding.
Claims after arrival are not accepted, except proven hidden defects notified within 7 days after arrival.
8. Packaging
Goods shall be packed according to standard export practice suitable for sea transport.
Packaging variations do not constitute non-conformity unless expressly agreed.
9. Retention of Title
Ownership remains with Seller until full payment is received. Risk transfers according to FOB terms regardless of ownership retention.
10. Limitation of Liability
Seller’s total liability is limited to the invoice value of the affected Goods.
Seller is not liable for loss of profit, indirect/consequential damages, shipping delays, port congestion, customs issues, or actions of carriers/third parties.
11. Force Majeure
Seller is not liable for failure or delay due to events beyond reasonable control, including natural disasters, war, riots, strikes, export/import restrictions, port closures, pandemics, or governmental actions.
Obligations are suspended during force majeure. If force majeure exceeds 60 days, Seller may terminate without liability.
12. Cancellation
Orders cannot be cancelled after production or shipment has commenced. Advance payments are non-refundable unless agreed otherwise in writing.
13. Governing Law and Dispute Resolution
These GTC shall be governed by Indonesian law.
Any dispute shall be finally settled by arbitration in Singapore under SIAC Rules. Language: English. Award is final and binding.
14. Language
These GTC may be issued in English and Indonesian. In case of discrepancy, the English version prevails.