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Terms English Version
Terms and Conditions applicable to all transactions with PT Xpertum Henze Karsa.
Terms and Conditions Applicable to All Transactions with PT Xpertum Henze Karsa.
I. Application Scope:
The following terms and conditions apply to all orders and purchases made through the websites www.tambang.id and its derivatives, including www.garrett.id, www.detektor.id, www.noktadetectors.id, and all offline transactions from the store 'ATM PROMINING', hereinafter referred to as "Client", who must fully agree to these terms and conditions. These terms and conditions also apply to all offline transactions since business documents such as offers and invoices that provide links to these terms and conditions. No other terms and conditions will be accepted as part of the contract unless there is written agreement. Any reference to the "Client's" terms and conditions does not apply.
Any verbal or informal side agreements will not be considered valid unless they are mutually confirmed and officially documented with signatures from both parties and added as addendum to
For this purpose, the "Client" can be a private customer, company, and/or institution with whom 'ATM PROMINING' has a business relationship. Business means an individual or legal entity or partnership with whom business relationships are established and who engage in commercial activities, whether independent or freelance. 'ATM PROMINING' refers to the seller and distributor of goods and services on the aforementioned websites and beyond.
These terms and conditions apply to 'ATM PROMINING', its affiliates, subcontractors, and "Clients" without exception. Where a term applies to only one of the two parties, that party shall be identified specifically.
II. Offer / Contract Conclusion:
Contracts (both production contracts and other contracts) can only be signed by 'ATM PROMINING' management personnel. Others such as technicians, operators, or trainers do not have the right to add obligations, sign documents, or make statements on behalf of 'ATM PROMINING'.
The product representation of 'ATM PROMINING' on its website is not a binding offer. By placing an order online, via email, or SMS, the "Client" is deemed to have agreed to purchase goods in accordance with the offer given by 'ATM PROMINING'.
The responsibility for choosing the ordered goods lies with the "Client". Choosing the correct goods is the responsibility of the "Client".
'ATM PROMINING' may accept orders by providing goods or sending confirmation emails within 3 (three) business days.
'ATM PROMINING' reserves the right to cancel the "Client's" order within 5 (five) business days. Formal cancellation can cancel any order confirmations that may have been given previously.
All sales apply on a "First Comes First Served basis".
Information on the availability of goods on the 'ATM PROMINING' website such as www.tambang.id or www.garrett.id may be up-to-date or may not reflect actual stock levels. This is because the available stock may change rapidly, and the system takes a few seconds to update the information about stock availability. If the product is not immediately available, the goods will be provided to the "Client" once new stock is available. 'ATM PROMINING' will immediately process the new stock order and provide updates on the order status every one week or more. The "Client" explicitly agrees to this by placing an order.
The risk of damage or failure during shipping is the responsibility of the "Client" if the "Client" chooses shipping without shipping insurance. As a standard, 'ATM PROMINING' will not send goods without shipping insurance if the value of the goods is more than Rp2,000,000.00.
Orders sent via SMS are considered valid and legally binding and cannot be cancelled without the approval of 'ATM PROMINING'.
Technical changes to goods, changes in shape, colour, and/or weight, and changes unrelated to basic functionality may occur and apply because specifications may change without prior notice. These changes do not cancel the transaction.
Changes to additional items (bonus/discount items) may also apply.
Business days mean Monday through Friday, excluding Saturdays and Sundays, as well as National Holidays.
III. Price:
The price quoted at the time of ordering shall be the final price and cannot be altered, and does not include any other components of the price or shipping costs listed on the transaction document.
The price is subject to change at any time, as the price from the manufacturer may also change without prior notice.In the event of such a price change, 'ATM PROMINING' reserves the right to cancel the client's order.
For orders placed outside of Indonesia, Indonesian VAT does not apply.
The responsibility to register the goods in the recipient country lies with the client.
Post-sales services such as training, on-site support, or consultation require a service fee. The amount of the fee is based on negotiation and relates to the available services.
IV. Shipment, Delivery Date, Transportation, and Transfer of Risk:
Unless otherwise agreed upon in writing by the "Client" or stated otherwise in these Terms and Conditions, the shipping method shall be EXW (Jakarta) in accordance with Incoterms 2020. (Reference: https://iccwbo.org/publication/incoterms-2020-practical-free-wallchart/)
Shipping to locations outside of Jakarta will incur additional charges calculated on a case-by-case basis based on the specific goods tariff at that time. 'ATM PROMINING' may provide free shipping or discounts to "Clients" outside Jakarta, depending on the discretion of 'ATM PROMINING'.
The delivery time for detector equipment and portable equipment will range from 1 (one) day to 6 (six) weeks, depending on the availability of goods. 'ATM PROMINING' is not responsible for delayed delivery caused by third parties such as shipping companies, changes in regulations causing changes in import times, customs, and other institutions or organisations.
The delivery time frame is an estimate (Estimated Delivery Time / ETD) and not a guarantee (Guaranteed Delivery Time / GDT). If product delivery is delayed due to product unavailability, 'ATM PROMINING' will notify the delivery status of the goods via email, and the product will be shipped as soon as it becomes available. 'ATM PROMINING' is not responsible for delivery delays caused by short stock on the manufacturing side or shipment delays caused by manufacturing or logistics delays caused by Covid-19 or other factors. In the case of Shipment Delay / Delivery Delay, 'ATM PROMINING' and the "Client" must wait. Transactions that have been made cannot be cancelled, and funds cannot be refunded for delays caused by third parties such as manufacturers or logistics companies. If there is a delivery delay that exceeds the estimated delivery time, 'ATM PROMINING' will give "Clients" regular order status updates according to their orders. These updates will be provided in writing via email, and if "Clients" have not provided an email, updates may be provided via messenger such as Blackberry, Whatsapp, SMS, or phone. When the delivery time exceeds the estimated delivery time by 6 (six) weeks, at the discretion of 'ATM PROMINING', a special discount will be given related to the delay or partial refund or full refund to the "Client".
If defects are found during the pre-delivery inspection, the goods will be replaced with new ones, and the delivery time may be affected. The replacement of defective goods and subsequent delivery will be done as quickly as possible.
Shipping Large Amounts / Volumes and LCL / FCL With Containers: If the "Client" requests additional shipping services for large quantities or volumes or container shipments (LCL/FCL), 'ATM PROMINING' will depend on the shipping company and convey the terms and conditions of the shipping company to the "Client". However, 'ATM PROMINING' cannot guarantee the exact delivery time as it depends on several factors that are beyond the control of 'ATM PROMINING', such as truck schedules, connecting ship schedules, weather conditions, additional port inspections, port processing time, and others.
If the customer does not pick up the ordered goods within fourteen (14) business days, then "ATM PROMINING" has the right to charge storage fees. If the goods are not picked up within three (3) months after production has finished, Article VI.6 shall apply.
V. Payment Terms:
Goods must be paid in advance unless otherwise specified. Payment is made in cash or bank transfer.
Payment is only considered to have occurred when the corresponding amount has been credited to the designated 'ATM PROMINING' account. The purchase order is considered valid and confirmed when payment has been received by 'ATM PROMINING'. The processing time starts counting after the day of payment receipt.
In certain cases where there is damage or loss due to late or failed payment by the "Client", 'ATM PROMINING' has the right to compensation for such losses.
The "Client" shall only have the right to compensation if their claim has been decided by a court, is undisputed, or has been acknowledged by 'ATM PROMINING'. The "Client" is only entitled to compensation or deduction from the price if their claim is related to the same contract.
The transaction that has been made cannot be cancelled and payments that have been made cannot be refunded except by mutual agreement. In addition, the order will be processed by ATM Promining in accordance with the applicable terms and conditions.
In the event of default in payment, all claims by 'ATM PROMINING' at the time of default shall become due and owing.
If the "Client" cancels an order without valid reason, 'ATM PROMINING' has the right to hold the "Client" accountable for any losses incurred as a result of the cancellation and to take legal action against the "Client" to obtain compensation for such losses.
In the event that the "Client" delays payment and the payment schedule is delayed by eight days, a penalty of 10% will be added to the payment amount, and the agreed payment schedule will automatically stop and the full amount plus the overdue penalty will be immediately due. If the "Client" continues to delay payment, a daily fine of Rp500,000 will automatically be added and become overdue. These fines will not be levied for days on which the "Client" provides proof of payment for the full amount. Additional bills are agreed to be settled in court if they are not paid within eight days. In the event that the "Client" has made a down payment or provided collateral, but there is a delay in full payment beyond the agreed schedule, 'ATM PROMINING' may cancel the sales transaction. If a sales transaction is cancelled by 'ATM PROMINING' due to late payment, the down payment made or collateral provided by the "Client" cannot be refunded and the "Client" loses their claim to the ordered goods. The decision to terminate the transaction is the right of 'ATM PROMINING'. "Client" who has caused the termination of the transaction in the past cannot claim further penalty regulation or extension. 'ATM PROMINING' has the right to immediately terminate the transaction if payment is not made according to the agreed payment schedule. The "Client" loses all claims to the goods and payments made. Meanwhile, 'ATM PROMINING' loses its claim to payments that have not yet been settled by the client.
Warranty and after-sales support will be provided to the "Client" who complies with the payment terms. Such warranty and support will not be provided to clients whose payments are delayed or who have not paid the full price plus any applicable fines. Delayed payment for more than two weeks will result in the cancellation of warranty and after-sales rights.
VI. Transfer of Ownership Rights:
Retention goods are goods that have been received by the "Client," but remain the property of 'ATM PROMINING' until the "Client" has fully paid the purchase price and all additional costs.
For business clients, shipped goods will remain the property of 'ATM PROMINING' until the "Client" settles any claims that may be directed by 'ATM PROMINING' in the sales transaction, regardless of the legal basis. The above provision also applies if business clients have made payments on a certain account receivable. Business clients may sell the goods to third parties during the sales process, even before full payment has been made.
The "Client" must treat each retention item with care and must immediately notify 'ATM PROMINING' if third parties access the item, including in the event of seizure or damage or destruction of the item. The "Client" must also promptly notify 'ATM PROMINING' of any changes in the holder of the retention item.
The "Client" is not allowed to pledge or provide the retention goods as collateral.
If retention goods are combined or mixed with other goods or equipment not owned by 'ATM PROMINING', 'ATM PROMINING' will retain joint ownership of the combined item. If a business client acquires sole ownership resulting from such a combination, it acknowledges joint ownership with 'ATM PROMINING', in proportion to the value of the retention goods and the value of the goods not owned by 'ATM PROMINING' at the time of the combination.
The “Client” loses the right to the goods if they fail to collect the ordered goods within three (3) months after production is completed. In such cases, ownership of the goods automatically reverts back to the manufacturer. This transfer of ownership does not require a written announcement from the manufacturer to the "Client". Furthermore, the money already paid by the "Client" for these goods will not be refunded under any circumstances. It is important to note that after the three-month period, if the "Client" has not collected the goods, they forfeit all rights to them, and no written notice will be provided to confirm this change in ownership.
Business clients may sell retention goods during their business activities, subject to the "Client's" business terms and conditions, provided that the "Client" has notified the buyer or business partner of the retention status of the retention goods. The right to sell retention goods does not apply if the business client defaults. The business client hereby assigns the accounts receivable arising from the sale of the goods to 'ATM PROMINING', which accepts the assignment. However, the business client has the right to revoke the assignment of accounts receivable to 'ATM PROMINING' at any time. This right does not give the business client the right to transfer the accounts receivable. In the event that the title of the retention goods is abroad, the business client must take all necessary steps and provide all necessary information to 'ATM PROMINING' to obtain security equivalent to the value of the retention goods.
'ATM PROMINING' must be immediately notified of any access to the goods by third parties or in the case of seizure or related procedures.
In the event of a breach of the contract by the "Client," particularly if the "Client" remains in default of payment after the "Client" has set a reasonable deadline for payment, 'ATM PROMINING' is permitted, after warning, to withdraw from the contract and demand the return of the retention goods, and the "Client" must return the goods. The revocation or assertion of rights or seizure of goods held by 'ATM PROMINING' does not constitute withdrawal from the contract unless expressly stated by 'ATM PROMINING'.
VII. Warranty Terms:
1. Metal/Gold Detection Equipment Warranty
'ATM PROMINING' guarantees that each detection equipment sold by 'ATM PROMINING' is authentic, original, and protected by spare parts and repair labour warranty for the warranty period stated on the 'ATM PROMINING' invoice. During this warranty period, 'ATM PROMINING' will inspect and evaluate all equipment returned to the 'ATM PROMINING' Service Station to determine if the equipment meets the performance specifications of 'ATM PROMINING' products as described by the manufacturer. 'ATM PROMINING' will repair or replace all parts that are determined to be defective at no cost to the "Client". However, the owner shall bear the transportation costs required for the damaged spare parts to be sent to the manufacturer's service centre and shipped to 'ATM PROMINING'. 'ATM PROMINING' will contribute IDR 500,000 towards the transportation cost of the spare parts from abroad to Indonesia. This warranty does not include batteries or any and all damages caused by misuse, theft, failure due to weather, battery acid or other contaminants, and equipment repairs performed by unauthorised persons. Warranty processing depends on the manufacturer's detector warranty approval. If the equipment manufacturer does not classify the damage as a warranty case, 'ATM PROMINING' must follow that assessment and cannot continue to repair the equipment under warranty. The prerequisites for all warranty guarantees are a filled and signed warranty card, original invoice, and serial number sticker on the detector. If the serial number sticker has been removed, the warranty is void. The warranty does not apply to 'Clients' who attempt to repair/disassemble Garrett, Minelab, or Nokta Makro devices themselves or through third parties.
2. Warranties related to Mining Machinery / Equipment
Orientation regarding processing capacity and equipment efficiency is an estimate and benchmark based on previous experience. Information regarding efficiency or capacity cannot be interpreted as a guarantee of equipment efficiency or capacity, unless 'Clients' conduct proper metallurgical testing at ATM Promining in accordance with mining industry standards. Processing capacity, equipment efficiency, and machine performance are highly dependent on the type of material at each mining site, and variations in the material can cause significant differences in efficiency and capacity. The warranty does not cover damage that occurs during the transportation of goods to the "Client" location. 'Clients' will bear the risk of damage or quality reduction of the goods due to use or damage during shipment. The risk of damage or loss of goods during the shipment process is borne by the shipping insurance, not by 'ATM PROMINING'.
3. THIS WARRANTY EXPRESSLY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER AGREES THAT ANY ORAL STATEMENT ABOUT THE GOODS DESCRIBED IN THIS CONTRACT, GIVEN BY A SELLER REPRESENTATIVE, IF SUCH STATEMENT IS MADE, IS NOT A WARRANTY, SHALL NOT BE RELIED UPON BY BUYER AS A WARRANTY, AND IS NOT PART OF THIS SALES CONTRACT. THE ENTIRE CONTENT OF THE CONTRACT IS EMBODIED IN THIS WRITTEN SALES CONTRACT. THIS WRITTEN SALES CONTRACT IS THE FINAL STATEMENT OF THE PARTIES AND IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF THIS AGREEMENT. THE WARRANTY IS LIMITED TO LABOUR, SERVICES, AND SPARE PARTS. THE WARRANTY DOES NOT COVER TRANSPORTATION OF GOODS FROM THE GOODS LOCATION TO 'ATM PROMINING' (WORKSHOP) OR PERSONNEL TRANSPORTATION TO REPAIR GOODS AT THE "Client" LOCATION.
4. The warranty does not cover electronic components, engines, pumps, or accessories such as tubes and hoses (wear parts). The warranty does not apply to 'Clients' who attempt to repair or disassemble the 'ATM PROMINING' device or machine components themselves, or through a third party. Removal of serial numbers and equipment modifications result in the loss of warranty.
5. The parties agree that the sole exclusive remedy that can be claimed by the "Client" against 'ATM PROMINING' is for repair and replacement of components showing damage and dysfunction covered by the general warranty. The "Client" agrees that no other compensation (including, but not limited to, minor damages or consequential losses resulting from lost sales, lost profits, injury to persons or property, logistics costs, etc.) will be available to them.
VIII. Industrial Property Rights, Forms, Equipment, and Confidentiality:
If 'ATM PROMINING' provides technical documents, diagrams, forms, equipment, models, and proposal documentation, 'ATM PROMINING' retains property rights, copyrights, and other industrial property rights, even if the "Client" has borne all or part of the associated costs. Such documents shall not be disclosed to third parties and must be promptly returned if the contract is not awarded. The "Client" is not permitted to produce purchased goods with the aid of technical documents, diagrams, forms, models, and/or proposal documents, either on their own or through third parties.
If the purchased goods are produced according to the documents provided by the "Client", then the "Client" will be responsible for ensuring that such production does not infringe on the industrial or commercial property rights of any third party.
IX. Data Protection:
'ATM PROMINING' may check the validity, identity, and/or rights of the "Client" to use the credit card or check it with third parties. In this case, the "Client" may be asked to provide a copy of their identity card and/or credit card.
The information required to process orders will be stored electronically and forwarded to affiliated companies during the transaction process. All personal information will of course be treated confidentially.
By placing an order, the "Client" consents to the electronic storage of their data on 'ATM PROMINING's online server. The "Client" is permitted to view their information at any time and may request that details be changed or deleted, or may independently change or delete their data, if technically feasible on the system.
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X. Force Majeure:
'ATM PROMINING' shall not be held responsible to any party for any delay in performance or failure to perform any obligation hereunder when such delay or failure is due to causes beyond its reasonable control, including, but not limited to, acts of God, governmental actions, changes in regulations or laws, pandemics, etc. 'ATM PROMINING' shall explain the reasons for such delay or failure. Thereafter, the party affected shall take reasonable steps to fulfil its obligations to the Client as soon as possible.
XI. Dispute Resolution and Applicable Law:
Disputes shall be settled amicably through consultation with good faith and constructive problem-solving attitudes. If external support is required to resolve the dispute, both 'ATM PROMINING' and the CLIENT explicitly agree to the following process:
(1) If the dispute is not resolved through direct consultation, both parties shall appoint a facilitator who has a good background in law and legislation. The facilitator's reputation should be good in the community to facilitate the resolution of this dispute.
(2) If it does not lead to dispute resolution, both 'ATM PROMINING' and the CLIENT agree to arbitrate by the National Arbitration Board (BANI) and agree to abide by the decision and solution provided by BANI.
Last Update: 01.03.2022