Quote Cart
Enquiry Cart

Terms & Conditions

TERMS AND CONDITIONS OF SALE (PRODUCT SALES)

DEFINITION AND INTERPRETATIONS

THE BUYER means The company or Individual contracting to purchase any PRODUCTS from Zenddu. Including any subdivision, parent or subsidiary company related to THE BUYER, or any company or individual representing or acting on behalf of THE BUYER are also subject to these Terms and Conditions. THE BUYER must be a professional person or company whose business is related to the purchase of the PRODUCTS.

PRODUCTS means products of any type both existing and new STANDARD PRODUCTS or SPECIAL PRODUCTS that are sold by Zenddu to THE BUYER, and any other type of product required by or for THE BUYER.

SPECIAL PRODUCTS means PRODUCTS made for THE BUYER with THE BUYER’s own specifications or design or image or any 3rd party design provided by THE BUYER.

STANDARD PRODUCTS means all of Zenddu’s current PRODUCTS with the PRODUCTS standard specification of manufacture.

ADDITIONAL CHARGES means any additional costs incurred by Zenddu to produce or transport the PRODUCTS to a designated shipping port in Indonesia to fulfil THE BUYER’S order including any CONSOLIDATING of the order, packing products for export, trucking cost from factory to the designated shipping port and any cost incurred to produce the DOCUMENTS to legally export the PRODUCTS to THE BUYER.

DEPOSIT means a sum of money paid by THE BUYER to Zenddu for the purpose of Zenddu starting to process THE BUYER’s order. The DEPOSIT must be equal to 50% of the PRODUCTS value.

SHIPPING CHARGES means the cost to ship the PRODUCTS from a designated port in Indonesia to a designated port anywhere in the world requested by THE BUYER. Quotes are obtained from Zenddu’s freight forwarders based on THE BUYERS shipping requirements.

FINAL BALANCE means all sums of money still outstanding for payment by THE BUYER to Zenddu to complete THE BUYER’s order to purchase the PRODUCTS, plus all or ANY outstanding balance for the ADDITIONAL CHARGES.

OWNERSHIP OF PRODUCTS means The ownership of the PRODUCTS will remain the property of Zenddu and not pass to THE BUYER until all payments due for the PRODUCTS and any extra services and or ADDITIONAL CHARGES and or SHIPPING CHARGES are paid in full and any outstanding Zenddu Sales Invoices relating to the PRODUCTS have also been paid for in full by THE BUYER to Zenddu.

INTELLECTUAL PROPERTY means any patent, registered or unregistered trademark or service mark, copyright, registered and unregistered design or mark, any application pending, any right in respect of technical or commercial information and any other form of protection.

DOCUMENTS includes, but is not limited to, inventions, improvements, document, formulae, designs, blueprints, models, samples, information, lists, price lists, catalogues, prototypes, programs, sketches, drawings, photographs, digital images, manuals, licences, certificates, export documents, export licences and product certificates.

CONSOLIDATING means when the PRODUCTS are manufactured in different locations and need to be transported to a strategic loading point to be packed together for shipping.

PRICES

All Prices quoted by Zenddu for any PRODUCTS are on an Ex-works basis. This means the price is from the location of manufacture and excludes any delivery/shipping/ trucking, CONSOLIDATING an order from different locations, any DOCUMENTS, licences, or certificates required to export. Prices are for the PRODUCTS standard product specification. Any alteration to the PRODUCTS standard specification may result in an increase in the price of the PRODUCTS. All prices quoted for the PRODUCTS are valid for 30 days. All prices quoted for SHIPPING CHARGES are valid for 7 days.

MINIMUM ORDER (VALUE & QUANTITIES)

Zenddu supplies to TRADE BUYERS ONLY. The minimum order value is USD $10,000 based on Zenddu’s current trade price list of STANDARD PRODUCTS. If the order value is less than USD $10,000, Zenddu will charge a small order handling fee of USD $150 per order. Zenddu’s STANDARD PRODUCTS have different minimum order quantities which are quoted in Zenddu’s trade price list. SPECIAL PRODUCTS the minimum order value and quantities for SPECIAL PRODUCTS will be based on an agreement between Zenddu and THE BUYER.

ADDITIONAL CHARGES

Consolidated Order Fee

If THE BUYER wishes to order PRODUCTS from different locations and for Zenddu to consolidate them into one shipment or container, an ADDITIONAL CHARGE will apply. The PRODUCTS are transported to a strategic Distribution Loading Point (DLP). This is a location somewhere in Indonesia a central point to where the PRODUCTS are manufactured. When the PRODUCTS arrive at the DLP they are loaded onto the container or packed for shipment. The cost will vary depending on the size of the order and the location and distance to transport the PRODUCTS by sea or road to a (DLP) and to load/pack the order for export. Zenddu will advise THE BUYER if there are any logistical problems with their order.

Export Documentation, Packing & Trucking to Port

Zenddu will contact their freight forwarders who will arrange for ANY export DOCUMENTS to legally export the goods. The export DOCUMENTS cost is based on the manufacturer’s ability to export legally. If the manufacturer can export legally and the order is from ONE manufacturer then there will be no additional cost. However, if THE BUYERS order is from multiple manufacturers and some or all cannot legally export or from ONE manufacturer who cannot legally export then there will be an ADDITIONAL CHARGE to export the PRODUCTS legally.

Zenddu will also get quotations from their freight forwarders to transport the PRODUCTS from either the manufacturer’s location or the Distribution Loading Point (DLP) to the shipping port.

Some craftsmen don’t pack the goods and in this case Zenddu will obtain quotations for the goods to be packed for export.

Ex works Price + Any ADDITIONAL CHARGES = FOB Price.

DEPOSIT

THE BUYER’S order will not go into production until Zenddu has received THE BUYER’S DEPOSIT. Delays in sending the DEPOSIT will also delay the final completion date. When the DEPOSIT has been received by Zenddu THE BUYER’S order moves to the production stage.

PRODUCTION

Zenddu will place an order with its manufacturers for PRODUCTS on THE BUYER’S order. Zenddu will ensure all specifications and completion dates are understood by the manufacturer. The production lead time will vary depending on the type of PRODUCTS but generally is between one to three months.

QUALITY CONTROL

When THE BUYER’s order has been manufactured Zenddu’s quality control staff will travel to each location where the PRODUCTS are being made to inspect the PRODUCTS. The inspection is a FULL quality control inspection of all PRODUCTS on THE BUYER’S order. This includes counting every item to make sure the right quantities have been produced, checking ALL PRODUCTS meet the right specifications, and a physical inspection of every PRODUCT for any signs of defects (including scratches, marks, finishes, stability etc) All wooden items are moisture tested. Any PRODUCTS not meeting Zenddu’s high standards are rejected and reworked until they reach the necessary standards required. If any item is reworked and fixed in time to meet the shipping date Zenddu will advise THE BUYER immediately and a decision is made by THE BUYER to ship the rejected product separately once complete, add the rejected item to the next BUYERS order or cancel the faulty item

After the Quality inspection has been completed Zenddu will send to THE BUYER a full Quality Control Inspection report including photographs of all the PRODUCTS ordered. The report includes Quantity ordered vs Quantity manufactured, number of items which passed the first inspection and percentage of rejects. Moisture level percentage for wooden PRODUCTS and pictures of how the products will be packed after the inspection. The Quality inspector will write a brief summary of the inspection.

For orders that are less than USD $10,000 Zenddu does not visit the factory as it’s not economical but asks the manufacturer to send us photographic evidence of the finished PRODUCTS before and after packing.

SUPPLIER PERFORMANCE

The information from the quality control inspection is very important for Zenddu as we use this information to monitor the manufacturer’s performance on an ongoing basis as well as their ability to deliver on time. Based on this information if we find a manufacturer not performing to our expectations then Zenddu will discuss with the manufacturer how they need to improve. If the supplier’s performance does not improve then the supplier will be removed from Zenddu’s prefered supplier list.

PACKING

All PRODUCTS are packed for export shipping. The packing materials used will vary depending on the PRODUCTS, Generally, most goods are packed with foam sheet and corrugated paper, or boxed. Fragile large items, for example, large ceramic pots are packed in wooden crates. Products can also be boxed to customer requirements and specifications.

Some craftsmen don’t the pack goods and in this case Zenddu will obtain quotations for the goods to be packed for export by the freight forwarders.

FINAL BALANCE & SHIPPING

Approximately, two weeks BEFORE THE BUYER’S order is due for completion, Zenddu will send THE BUYER a Sales Invoice and it’s now Zenddu requires the FINAL BALANCE to be paid. However, if the PRODUCTS need CONSOLIDATING from different factories and locations the FULL FINAL BALANCE maybe due sooner, it becomes due once the first factory has completed the production as they will now need paying in full and the goods transported to the loading distribution point. The remaining factories will be paid as and when they complete the production of THE BUYER’S order. It is important THE BUYER pays the FULL FINAL BALANCE immediately as delays in sending payment can mean delays or even missing shipping deadlines and additional storage costs will be charged to the BUYER if the balance is not paid before the freight forwarder is scheduled to collect the BUYERS order. Current storage charges are US $0.75 / CBM / Day.

SHIPPING CHARGES

If THE BUYER asked Zenddu to organise shipping of the PRODUCTS to THE BUYERS location, Zenddu will obtain a quotation from one freight forwarder which is valid for 7 days and to be used as a guide for THE BUYER for the export and shipping costs.

As per standard shipping quotations, Zenddu quotes a shipping charge including carriage and freight (CFR) to THE BUYERS / Consignees destination port. Other shipping options can be quoted by request by THE BUYER /consignee. The shipping charge includes the cost to pack and truck the goods from the distribution loading point to the shipping port. As many of Zenddu’s suppliers are small manufacturers or individual craftsmen who don’t have the necessary documents to export. The cost also includes all export licences, certificates, bill of lading and any other documents needed to export the products legally. The cost includes fumigation of the container if required and shipping to the destination port. The Shipping charge is a live price from 1 freight forwarder which is to be used as a guide price as its only valid for 7 days. When the order is near to completion Zenddu will get quotations from different freight forwarders and the goods will be shipped with freight forwarder offering the best price. Due to uncontrollable fluctuations in shipping charges around the world ( such as bunker adjustment factors, currency adjustment factors, fuel prices etc), the actual shipping cost may be higher or lower than the guide price. A final shipping invoice will be sent to THE BUYER / Consignee requesting payment BEFORE any booking is made.

A provisionary booking will be made by the freight forwarder on a shipping vessel. It is time critical that THE BUYER sends the FINAL BALANCE and SHIPPING CHARGES immediately to meet the shipping deadline, as the order cannot be shipped until the FINAL BALANCE and SHIPPING CHARGES are received.

SHIPPING TERMS

THE BUYER / Consignee acknowledges and accepts that the goods are sold by Zenddu on an Ex-works basis. THE BUYER / Consignee acknowledges and accepts ALL risk passes from Zenddu to The Buyer / Consignee as soon as the goods have been collected by any freight forwarder / shipping / trucking / courier company.

If THE BUYER wishes for Zenddu to organise any shipping of the PRODUCTS, THE BUYER / Consignee acknowledges and accepts that Zenddu is only acting as an intermediary assisting THE BUYER / Consignee to organise the export and shipping of the PRODUCTS and Zenddu cannot be held responsible for but is not limited to any lost goods,  late or wrong delivery, incomplete or wrong documents, damage caused by warping, splitting or any other detrimental or environmental effects caused by shipping the PRODUCTS, any damage caused due to improper handling or storage. Zenddu highly recommends all orders and PRODUCTS are insured for loss or damage while in transit by THE BUYER. In the event that goods arrive damaged, the BUYER acknowledges that any claims for damaged goods caused in transit are between the BUYER and the freight forwarder or shipper and the BUYER agrees to indemnify Zenddu against any loss, actions or costs incurred due to PRODUCTS arriving in a damaged state.

A draft copy of any export documentation will be sent by email to THE BUYER / Consignee. THE BUYER / Consignee must confirm in writing within 5 working days that all the information within the documents is correct. Any amendments needed will be submitted for THE BUYERS / Consignees approval. However, if after 5 working days there is no response from THE BUYER / Consignee regarding whether the documents are correct or not, the draft will deemed to be acceptable to THE BUYER / Consignee and the export documents processed. Any errors in any documents are the responsibility of the THE BUYER / Consignee. Zenddu will send THE BUYER a Shipping Note including the shipper’s name and any tracking number. THE BUYER can contact them for updates. Normally, a local shipping agent from THE BUYER’S country and close to the destination port will contact THE BUYER to arrange any customs clearance, import tax and transport costs to THE BUYERS warehouse, shop or final destination.

A provisionary booking will be made by the freight forwarder on a shipping vessel. It is time critical that THE BUYER sends the FINAL BALANCE and SHIPPING CHARGES immediately to meet the shipping deadline, as the order cannot be shipped until the FINAL BALANCE and SHIPPING CHARGES are received.

CANCELLING AN ORDER

THE BUYER should contact Zenddu immediately as THE BUYER’S order and PRODUCTS might already be in production or already completed, if, the order is not in production or completed Zenddu will accept THE BUYER’s cancellation and refund THE BUYER or issue a credit note to be used against future orders.

However, if THE BUYER’S order is already in production but the manufacturing has not yet been completed a cancellation fee equivalent to 50% of the total PRODUCTS value will be charged, if THE BUYER has paid a DEPOSIT this will be forfeited by THE BUYER. If THE BUYER has not paid a DEPOSIT or the DEPOSIT is not equivalent to 50% of the PRODUCTS value. Zenddu will raise a Sales order cancellation Invoice for the difference in value which THE BUYER must pay immediately BEFORE any refund can be made. If THE BUYER paid any ADDITIONAL CHARGES this will be refunded by Zenddu subject to the Sales order cancellation Invoice being paid in full. If the Sales order cancellation invoice is not paid then the ADDITIONAL CHARGE will be forfeited by THE BUYER and no refund made.

If the manufacturing of the PRODUCTS has been completed then 100% of the PRODUCTS value plus 100% of any ADDITIONAL CHARGES will be charged. If THE BUYER has paid the FINAL BALANCE, the DEPOSIT and FINAL BALANCE will be forfeited by THE BUYER. If THE BUYER has not paid the FINAL BALANCE or the payments THE BUYER has made is not equivalent to 100% of the PRODUCTS and 100% of any ADDITIONAL CHARGES total value. Zenddu will raise a Sales order cancellation Invoice for the difference in value which THE BUYER must pay immediately BEFORE any refund can be made. If THE BUYER paid any SHIPPING CHARGES this will be refunded by Zenddu subject to the Sales order cancellation Invoice being paid in full. If the Sales order cancellation invoice is not paid then the SHIPPING CHARGE will be also forfeited by THE BUYER and no refund or credit made.

If Zenddu has already paid the freight forwarder or supplier for the SHIPPING CHARGES but the PRODUCTS have not been shipped yet, it’s at the freight forwarders or suppliers discretion whether to refund in part or fully the SHIPPING CHARGE. If the freight forwarder or supplier refuses to refund THE BUYER, for whatever reason then THE BUYER acknowledges that Zenddu CAN NOT be held liable for the SHIPPING CHARGES and THE BUYER acknowledges any legal action taken by THE BUYER to recover the SHIPPING CHARGES will be against the freight forwarder or supplier and NOT Zenddu. The BUYER also acknowledges that costs incurred by THE BUYER to recover any SHIPPING CHARGES from the freight forwarder or supplier is at THE BUYERS cost and THE BUYER agrees to indemnify Zenddu against legal claims and liability between THE BUYER and the freight forwarder or supplier.

If the order has been collected by the freight forwarder and or is in transit. All payments made by THE BUYER for SHIPPING CHARGES will be forfeited with no refunds or credits.

ALL refunds made by Zenddu to THE BUYER due to THE BUYER cancelling an order will be less any bank charges incurred by Zenddu to transfer back the payment and a cancel administration fee of USD $150.00

IMPORTING

The BUYER acknowledges that Zenddu can not be held responsible and It is THE BUYER’S responsibility to ensure ALL PRODUCTS being imported into the destination country by the BUYER conform to the import countries rules, regulations and laws. Including but not limited to any import licences required, import quota restrictions, restrictions on the import of any PRODUCT, restricting imports of some or all PRODUCTS from a particular country of origin, any PRODUCT type restrictions, any PRODUCT size restrictions, any PRODUCT material restrictions, specific safety regulations covering the PRODUCTS, ensure labelling and packaging meets legal requirements, PRODUCTS do not infringe intellectual property rights within the import country, any import duties and taxes. The BUYER MUST advise Zenddu in writing of any restrictions, regulations or standards required for the PRODUCTS relating to importing to the BUYERS destination country before placing an order. The BUYER acknowledges and agrees to indemnify Zenddu against any loss, claims, costs or seizure of products incurred due to PRODUCTS which do not comply to the laws and regulations of the country the PRODUCTS are being imported too.

STANDARD PRODUCTS / SPECIAL PRODUCTS / CUSTOMISED STANDARD PRODUCTS

Zenddu offers a full service for producing SPECIAL PRODUCTS and customising STANDARD PRODUCTS. If THE BUYER has an existing product or seen a product they wish Zenddu to make, Zenddu will potentially do so, subject to THE BUYER owning the INTELLECTUAL PROPERTY and copyright authority to reproduce the design, if THE BUYER supplies to Zenddu DOCUMENTS relating to the design of PRODUCTS. Zenddu will accept the DOCUMENTS and include them in the design. Provided THE BUYER shall indemnify Zenddu against all costs, claims, damages, specifications, expenses or other liabilities arising from or in connection with such steps including any claims from any third party or another person that the designed Special Product has infringed their INTELLECTUAL PROPERTY rights. THE BUYER must also ensure all SPECIAL PRODUCTS conform to any local country regulations and laws.

PRODUCTS / PRODUCT SAMPLES / PROTOTYPES

All PRODUCTS are made to order, Zenddu holds no stock. Paid samples are available THE BUYER must pay for the PRODUCT plus any delivery costs. Samples are subject to the factory agreeing to produce a sample. Zenddu cannot be held responsible for any of its Standard Product specifications not conforming to THE BUYERS countries local product regulations laws. THE BUYER must check and advise Zenddu in writing of any special requirements needed for the PRODUCTS to conform to THE BUYER’S country regulations. If Zenddu is not advised, PRODUCTS will be made to Zenddu’s standard specification. The development of prototypes to THE BUYERS specifcations is charged at a rate 3 times higher than the quoted production price for each prototype produced, plus any additional transport costs if the prototype is made from components or raw materials in different locations.

For SPECIAL PRODUCTS, samples and prototypes can be produced prior to sign-off for production. All samples including samples of STANDARD PRODUCTS have to be paid for by THE BUYER.

PRODUCT WARRANTY

All Zenddu’s STANDARD PRODUCTS come with a 6-month manufacturing warranty for manufacturing defects and fair wear and tear usage. In the unlikely event of a manufacturing defect Zenddu request that THE BUYER notifies them in writing with details of the problem, including photos, condition of delivery, information on its usage, a copy of Zenddu’s shipping DOCUMENTS and Sales Invoice and THE BUYER’s Purchase order. After a claim has been verified, Zenddu will organise the appropriate steps for repair or a replacement in a timely and cost-effective manner for all parties.

EXCLUSIONS:

Zenddu cannot be held responsible for damage caused in transit, or due to improper handling or storage. Zenddu recommends THE BUYER to take out insurance on all orders for shipping damage or loss. Zenddu will organise the appropriate steps for repair or a replacement of the PRODUCTS damaged in shipment in a timely and cost-effective manner.

SPECIAL PRODUCTS: Zenddu cannot always guarantee the PRODUCTS’ performance, and as such, we cannot be held responsible for problems due to poor design by either THE BUYER or third parties. All SPECIAL PRODUCTS should be carefully considered by THE BUYER prior to manufacture.

Many of Zenddu’s PRODUCTS are upcycled, repurposed or are new PRODUCTS using reclaimed or recycled raw materials. Zenddu also uses many natural materials, which can have natural imperfections and defects which are beyond Zenddu’s control. Such imperfections and defects are not considered a manufacturing defect but add to the product’s uniqueness and beauty. These imperfections and defects are not covered under Zenddu’s warranty. Zenddu ensures PRODUCTS are delivered in good condition and are fit for the purpose intended.

CONFIDENTIALITY AND PERSONAL DATA

Any DOCUMENTS or information relating to the BUYER or information gathered by registering on our website shall be held on a secure server by Zenddu. Zenddu and its 3rd party partners use the latest web security systems in accordance with the requirements of the Data Protection Act. The BUYER or registered user accepts Zenddu and its 3rd Party partners endeavor to hold all information in a secure environment, however, breaches in security through misdemeanor and hacking are possible. The BUYER or registered user acknowledges that all information held either personal or business which relate to the Buyer or registered user will be classed as available for public display.

INTELLECTUAL PROPERTY

Nothing in these Terms and Conditions of Sale shall give either Zenddu or the BUYER any rights in respect of any trade names or trademarks used by the other concerning their business or of the goodwill associated therewith, and Zenddu and the BUYER hereby acknowledges that, except as expressly approved in writing, it shall not acquire any rights in respect thereof and that all such rights and goodwill are, and shall remain, vested to each party.

FORCE MAJEURE

For the purposes of these Terms and Conditions of Sale “Force Majeure” is, relating to any circumstances beyond the reasonable control of Zenddu (including, without limitation, any strike, lock-out or other form of industrial action, natural disasters, acts of terrorism).
If any Force Majeure occurs concerning Zenddu which affects or may affect the performance of its obligations under these Terms and Conditions of Sale, it shall forthwith notify the BUYER as to the nature and extent of the circumstances in question. Zenddu shall not be deemed to be in breach of these, or shall otherwise be liable to the BUYER, by reason of any delay in performance, or the non-performance, of its obligations under, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the BUYER, and the time for performance of that obligation shall be extended accordingly.

NATURE OF TERMS

Nothing in these Terms and Conditions of Sale shall create, or be deemed to create any partnership between Zenddu and the BUYER. This document contains the entire Terms and Conditions of Sale between Zenddu and the BUYER with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorized representatives of Zenddu. If any provision of these Terms and Conditions of Sale is held by any court or other competent authority to be invalid or unenforceable in whole or in part, these Terms and Conditions of Sale shall continue to be valid as to its other provisions and the remainder of the affected provision. Zenddu may subcontract the performance of its obligations under these Terms and Conditions of Sale.
Zenddu reserves the right to update and amend its Terms and Conditions of Sale. Amended and updated Terms will make the current Terms and Conditions of Sales void. The latest Terms and Conditions of Sale will be sent to the BUYER and will supersede any other Zenddu Terms and Conditions of Sale.

DISPUTES / JURISDICTION

These terms and conditions shall be governed by the law of Indonesia and any dispute, question or remedy howsoever arising determined exclusively by the courts of Indonesia.