On the 16th of September 1993, the long-anticipated partnership between Havi and Haryo was finally sealed.
Following extensive discussions with Grandfather Har, Mr Ridho, and Diana, a consensus was reached. Havi's name would be the one inscribed in the agreement.
Haryo had meticulously prepared the contract beforehand, ensuring that its terms were not only equitable but also advantageous for both parties.
With quiet determination, Havi took up the document, his eyes tracing each line with deliberate care.
Diana and Mr Ridho pored over the document, their expressions shifting with each clause they scrutinised.
Grandfather Har, hindered by the passage of years, requested that the agreement be read aloud to him, his voice calm yet expectant.
Haryo, meanwhile, sat rigid in his chair, a quiet storm of unease brewing within him.
What if Havi, or any of the others found fault with the terms?
What if this carefully woven agreement unravelled before it could even take hold?
Across the room, Nuriana Salim observed Havi in quiet astonishment.
A boy still in the midst of his schooling, yet standing at the threshold of an enterprise far beyond his years.
There was a steadiness in him, a resolve that stirred something within her.
If he, so young, could take such a bold stride forward, then surely she, too, must push herself further in the pursuit of her own ambitions.
At last, after much deliberation, Havi inclined his head in assent.
Without hesitation, he reached for the pen, the weight of the moment settling upon him like the first breath of dawn before a great journey.
And with that, his signature sealed the pact.
The contents of the agreement were as follows:
COOPERATION AGREEMENT
Number: 017/HW-HZ/KTR/1993
On this day, the 16th of September 1993, the undersigned parties:
1. Haryo Wibowo, as the Managing Director of Nictex Usaha Jaya Ltd, headquartered at Jl. Swararaya No. 1, Loban Village, acting on behalf of and for the interests of Nictex Usaha Jaya Ltd, hereinafter referred to as the "FIRST PARTY".
2. Havian Shahreza, acting in a personal capacity as an independent supplier, hereinafter referred to as the "SECOND PARTY".
The parties hereby agree to enter into a cooperation agreement for the procurement of raw percha rubber, under the following terms and conditions:
ARTICLE 1
PURPOSE AND OBJECTIVE
1. The FIRST PARTY agrees to purchase raw percha rubber from the SECOND PARTY, who will act as the primary supplier for a specified period.
2. The SECOND PARTY shall supply and deliver the raw materials in accordance with the quality standards stipulated in this agreement.
ARTICLE 2
SCOPE OF COOPERATION
1. The SECOND PARTY shall be responsible for the procurement, initial processing, and delivery of raw percha rubber to the warehouse of the FIRST PARTY, located at Nictex Usaha Jaya Ltd, Loban Village.
2. The FIRST PARTY shall be obliged to make payments for the goods received, in accordance with the agreed payment mechanism.
3. The SECOND PARTY must ensure a continuous supply in accordance with the agreed volume.
ARTICLE 3
VOLUME AND PRODUCT SPECIFICATIONS
1. The SECOND PARTY shall supply 1 tonne of raw percha rubber per month, with a tolerance of ±5%, allowing for a minimum of 950 kg and a maximum of 1,050 kg per month.
2. The quality standards for raw percha rubber shall be as follows:
a. Pure Rubber Content: Minimum 85%.
b. Moisture Content: Maximum 3%.
c. Free from impurities and other contaminants.
3. Should the quality of the raw material fail to meet the agreed standards, the FIRST PARTY reserves the right to reject the goods or request a replacement within 14 calendar days.
4. Any changes to the agreed specifications must be approved in writing by both parties before shipment.
ARTICLE 4
PRICING AND PAYMENT TERMS
1. The agreed price is IDR 5,500 per kilogram, fixed throughout the contract period, unless adjustments are required due to inflation or national economic policies.
2. Payments shall be made via bank transfer to the following account, as agreed with the SECOND PARTY:
Bank: Hensa Bank
Branch: Telaga City
Account Number: 748-7177-8989
Account Holder: Diana Galuh (approved by the SECOND PARTY)
3. Payments shall be made in two instalments:
50% upfront, upon order confirmation.
50% upon receipt and quality inspection of goods.
4. In the event of a payment delay exceeding 30 days, the SECOND PARTY shall be entitled to impose a 1% penalty per month on the total invoice amount.
ARTICLE 5
CONTRACT DURATION AND RENEWAL
1. This agreement shall be valid for 2 years, from September 20, 1993 to September 19, 1995.
2. Should either party wish to renew the contract, they must provide notice at least 3 months prior to its expiration.
ARTICLE 6
OBLIGATIONS AND RESPONSIBILITIES OF THE SECOND PARTY
1. To supply the raw materials in accordance with the agreed specifications and volume.
2. To maintain stable pricing and refrain from selling the raw materials to other parties at a lower price without prior notification to the FIRST PARTY.
3. To be accountable for quality and timely deliveries.
4. If the SECOND PARTY fails to meet the agreed quota for three consecutive months without a valid reason, the FIRST PARTY shall have the right to evaluate and consider early termination of the contract.
ARTICLE 7
OBLIGATIONS AND RESPONSIBILITIES OF THE FIRST PARTY
1. To make payments in accordance with the agreed terms.
2. To provide storage facilities and quality inspection procedures at the designated warehouse.
3. Not to purchase raw percha rubber from other suppliers at a lower price without first offering the same opportunity to the SECOND PARTY.
4. The SECOND PARTY, as an independent supplier, shall not be required to hold administrative licences such as an SIUP (Trade Business Licence) or TDP (Company Registration Certificate), but must still comply with all applicable legal regulations for independent suppliers.
ARTICLE 8
FORCE MAJEURE
1. In the event of extraordinary circumstances, such as natural disasters, fires, war, or government policies that obstruct the fulfilment of this contract, both parties shall hold deliberations to seek the best possible resolution.
2. If the force majeure situation persists for more than three consecutive months, the agreement may be terminated without compensation, except for any payments that have already been made, which must be settled according to mutual agreement.
ARTICLE 9
SANCTIONS AND TERMINATION OF CONTRACT
1. If either party violates the terms of this agreement, the aggrieved party may issue three written warnings before terminating the contract unilaterally.
2. Should the SECOND PARTY experience production difficulties that lead to supply failure, they must notify the FIRST PARTY in writing at least 30 days in advance, except in cases of force majeure.
3. If the FIRST PARTY fails to make payment within 60 days of the due date, the SECOND PARTY shall have the right to cease deliveries and seek legal recourse in court in accordance with applicable laws.
ARTICLE 10
DISPUTE RESOLUTION
1. Any disputes arising from this agreement shall be resolved through mutual deliberation and consensus.
2. If an amicable resolution cannot be reached, the dispute shall first be resolved through arbitration in the region where this agreement was made, before being escalated to the Central District Court of Hensa Province.
ARTICLE 11
CLOSING PROVISIONS
This agreement is made in two copies, each bearing equal legal force.
Signed in Loban Village, on September 16, 1993.
FIRST PARTY
PT. Nictex Usaha Jaya
Haryo Wibowo
_______________________
SECOND PARTY
Independent Rubber Plantation Owner
Havian Shahreza
_______________________