Terms and conditions of sale
1.1 All prices quoted and/or in our respective valid price list are net and are excluding VAT.
1.2 All prices quoted and/or in our respective valid price list are EXW (Ex works) and do not include any transportation cost.
1.3 All products shall be invoiced at the prices agreed upon or, if no agreement was made, at the prices valid in SANDART’s valid price list on the day of completion of the finished products / order. Any different prices stated by the buyer shall not be binding upon SANDART unless confirmed by SANDART in writing.
1.4 For international wire transfers to any SANDART account below 1.000 USD per transfer a handling fee of 25 USD per transfer is applicable.
2. Production times / Force Majeure
2.1 Production time is the time needed to produce a specific order and have it ready for pick up in the SANDART installations and starts from the moment the down payment for a particular order has cleared the SANDART accounts. The production times are confirmed at the time when the down payment for a particular order has been received in one of the SANDART accounts or has been made in cash in our office.
2.2 Production times can be extended correspondingly by SANDART in cases of, but not limited to, acts or negligence of third parties, equipment failure, unavailability of supplies, strikes, lockouts, war, fire, flood, or any other Act of God, any law, regulation, or other act or order of any court or governmental agency, or delays, unavailability, or other unforeseen obstacles which are beyond the control of SANDART and have an influence on the production of the ordered products. This also applies when such cases occur to the suppliers of SANDART.
The extension of the production time does not entitle the buyer to file any request for a discount or compensation for damages. In the cases before mentioned SANDART reserves the right to cancel a specific order reimbursing the down payments paid for the order concerned.
3. Order / Packaging Quantities
3.1 Reorders are considered as separate orders, even if these reorders refer to bigger orders in process.
3.2 Ordered quantities not corresponding to the package quantities of SANDART in the valid price list may be delivered in the next available package quantity of the product concerned.
4. Transport / Shipping & Handling Charges
4.1 Prices listed do not include transport, shipping and handling charges. All prices are for finished products / orders to be picked up by the buyer in the SANDART installations in Bali. Shipping, handling, export etc. is to be arranged by the buyer. Please contact us should you need help finding an agent / shipping agency.
5. Product / Colour Appearance
5.1 We have made every effort to display products and colours that appear on our website and catalogues as accurately as possible. However, the products delivered may deviate from the image viewed on the website or catalogue due to, but not limited to, the following factors: system capabilities of your computer to display images and colours or manufacturing and printing processes as well as due to the natural materials we use that may vary naturally in their colour appearance.
6. Promotional / Customised Products
6.1 ”Promotional or customised Products” means products of SANDART marked and/or printed in accordance with the orders of the buyer with trademarks and/or logos and/or designs provided by the buyer and/or of third parties.
6.2 The buyer guarantees with the respective order to be the owner of and to have the exclusive right to use any intellectual property rights relating to these trademarks and/or logos and/or designs and to the ordered product itself and the corresponding packaging.
This guarantee shall be valid with respect to the place of manufacture and to the place of performance as well as to the place of destination.
6.3 The buyer agrees to immediately indemnify and hold SANDART harmless from any and all claims, suits, losses, damages, costs, expenses or liabilities asserted by third parties in connection with the manufacture and sale of the promotional and/or customised products. SANDART shall furthermore be entitled to stop the fulfilment of pending orders until the clarification of any such legal disputes or to cancel sales contracts. The buyer shall have no rights based on the discontinuation of fulfilment or the cancellation of sales contracts in such cases.
6.4 If necessary, SANDART is able to assist you in creating quality artwork. We utilise the most widely used and recommended graphic and layout programs with our powerful graphic systems. Please refer to CUSTOMISED DESIGNS / PACKING [9.] for conditions and contact us for our current valid price list for prices of this service.
6.5 SANDART shall be entitled to keep copies, digital files, samples and any materials received in order to produce the promotional products for reference. They may be kept by SANDART for a period of three years from the date of invoice of the respective order. Following expiry of the three year period, they may be destroyed without the necessity for the prior consent of the buyer. Digital data received by SANDART may be deleted without the necessity for the prior consent of the buyer.
7. Artwork Approval
7.1 For all customised products for which the custom designs have been done by SANDART or our designers, SANDART provides an e-mail artwork proof to each customer at no charge, prior to the production of his or her order. For this free service, it is up to the customer to review the proof carefully for all artwork, spelling, logo and copy positioning, imprint colour, errors etc. Once the customer has approved the email proof, any errors in the printing or packaging of an order, previously shown on the email proof, and approved by the customer become the sole responsibility and property of the customer.
7.2 Refer to article 5.1 of this agreement to understand why even after the artwork has been approved the colours of our products may vary.
8. Appearance / Packaging / Trademarks
8.1 Any alteration or change of the physical character or appearance (make-up) of the products and of the packaging of the delivered products shall require the prior written approval of SANDART. The buyer shall neither be entitled to alter the imprinted trademarks or trade names, nor to use the ordered products other than for resale nor to imprint or stick other signs or stickers on the products or their packaging.
9. Customised Designs / Packaging
9.1 The costs of personalisation and/or custom design of artwork and/or packaging is on behalf of the buyer. Custom design costs for artwork and/or packaging are only on the behalf of SANDART if expressly accepted by SANDART in writing.
9.2 If necessary, SANDART is able to assist you in creating quality artwork. Contact us for our current valid price list for prices of this service. We utilise the most widely used and recommended graphic and layout programs with our powerful graphic systems and work with some of the best digital and traditional artists from three different continents. SANDART maintains the copyright to all artwork done in house and / or by our designers.
9.3 Some SANDART products come in a protective and decorative packaging. It is possible to customise graphics, language, text content, colours etc. of the packaging. Please contact us for our actual valid price list for prices and conditions of this service. The SANDART logo and web address can not be removed and will always appear in some part of the packaging.
10. Minimum Order
10.1 If not stated otherwise the following are the minimum orders for SANDART products:
– Mini Art series 2500 units (different designs possible)
– Fridge Magnet series 5000 units (different designs possible)
10.2 For all other products the minimum billable amount per order is 5oo US Dollars.
11. Sample Requests
11.1 You can order samples of products in the catalogue. Please contact us for our price list to see prices for the available sample kits. The total amount of the sample kits may be credited to your invoice if you place an order.
11.2 SANDART provides these low cost sample kits to our customers and prospective customers to assist in evaluating the quality of our products. Due to the cost of doing business and our desire to keep prices low for our customers, we reserve the right to decline questionable/non-business sample requests and to limit the number of samples to 5 items per customer.
11.3 SANDART is happy to work with our international friends. If requesting a sample for shipment outside Indonesia, please provide us with your UPS or FedEx International Shipping Account number to ensure that all applicable duties and freight are paid. A $10 foreign document charge may also apply.
12.1 At the time of order a down payment of 50% of the total order has to be deposited in a SANDART account or paid in cash in our offices. The remaining amount is due once the production of a order is finished and always before the order is leaving our production facilities. Deposits can be made through bank transfer or by prior arrangement at the time of order.
12.2 Please note that SANDART must receive the full amount shown on the invoice. Any fees or charges which are levied by the bank for you to make this payment should be paid by you directly and should not come out of your SANDART fee payment. If you do not pay these bank charges you will still be liable for the difference between the amount that is paid to us and your total fee payable. Any shortfalls in the fee must be paid before your order leaves our warehouse premises.
13. Title And Risk Of Loss
13.1 Title to items being purchased passes from SANDART to purchaser at the time of shipping. The customer takes on full liability for safety and validity of the delivery address given to SANDART at the time of purchase. SANDART will not incur any forwarding costs on shipments.
14. Complaints / Warranty
14.1 SANDART is dedicated to providing you with the highest quality products and our constant quality control assures that all our products leave in perfect conditions our installations. The final packaging of our products is done to assure a safe transportation to final destination always if this is carried out in proper and normal transport conditions. Once left our premises however we can not assume any guaranties. Therefore we recommend our customers to have the perfect conditions and exact quantities checked by a delegate or representative of the buyer before they get handled by their shipping agent / deliverer. Claims based on material defects shall be excluded if the buyer has not met its obligations to inspect the products.