| 1 |
Area of application |
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1.1 |
We provide our deliveries and work and services exclusively in accordance with these General Sales Conditions. Contradictory or conflicting conditions of the customer shall not be acknowledged unless we expressly consent to their validity. |
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1.2 |
Our General Sales Conditions shall also apply to future transactions, even if they are not enclosed in individual cases. |
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| 2 |
Offer and conclusion of contract |
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2.1 |
Our offers are non-binding unless expressly stated as binding. |
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2.2 |
Crucial for the order is our written confirmation. In the case of immediate fulfillment of the order, the goods invoice or delivery note shall apply as confirmation. If the customer objects to the content of the confirmation of order, this objection must be entered immediately. Otherwise, the contract shall enter into force in accordance with the confirmation of order. |
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| 3 |
Content |
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3.1 |
Change of design. If the contract refers to deliveries or work and services which are subject to further technical development, we reserve the right to supply the newest type insofar as the customer's interest is not restricted to the ordered type. The customer shall indicate if we must not supply anything other than the ordered type in any case. |
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3.2 |
Guarantee. The details of the products sold by us in brochures, lists, catalogues, datasheets and advertising, in specifications, technical specifications and other technical delivery conditions, in certificates (e.g. certificate of compliance) and other forms do not represent a guarantee for the nature or durability of the object above and beyond the normal liability for defects. We shall not assume any guarantee without express agreement. Use not in accordance with the contract shall not be considered unless an express agreement has been made to this effect. We shall not assume any procurement risk for indeterminate obligation without express agreement. |
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3.3 |
Samples of the products sold by us shall be considered as test samples and shall not justify any guarantee in respect of the nature of the object without express agreement. The applicable tolerances must be observed. |
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3.4 |
Quantity changes. In order to form reasonable lot sizes, we reserve the right to make invoiced over-deliveries of up to 10% and non-invoiced under-deliveries of up to 5 % insofar as this is not unreasonable for the customer. |
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| 4 |
Order for goods to be delivered on demand |
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4.1 |
For orders for goods to be delivered on demand, an order must be placed within a period of 8 weeks before the desired delivery date, unless agreed otherwise. |
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4.2 |
Unless agreed otherwise, an order for goods to be delivered on demand must be placed within 12 months from the day of confirmation of order. After a further reasonable period set by us, we reserve the right to supply and invoice the goods and to withdraw from the contract or demand compensation for nonfulfilment. We reserve the right to charge the price for the actual quantities orders. |
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| 5 |
Prices |
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5.1 |
The prices stated in the order confirmation are definitive. The prices are include VAT.
N.B. Minimum purchase orders of 100 Baht. Free delivery on purchases over 1000 Baht. |
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5.2 |
Processing surcharges. If the products to be supplier in the customer's order are processed by us (e.g. bent or cut, removed1, rewound connections) we charge equipment cost surcharges and processing surcharges independent of quantity. |
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5.3 |
Price increases. Where unforeseeable costs are incurred after conclusion of contract during fulfillment of the order, we reserve the right to adjust the prices within the framework of the altered circumstances and without charging additional profit. |
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| 6 |
Payment |
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6.1 |
Payable, interest. Unless agreed otherwise, our invoices are payable without deduction. |
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6.2 |
Credit Card and Money Transfer are accepted on the basis of Invoice Payment. |
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| 7 |
Delivery |
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7.1 |
Delivery dates. Delivery dates and periods stated by us are non-binding unless agreed otherwise. Binding dates are not fixed dates if they are not expressly stated as such. |
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7.2 |
Partial deliveries are permitted where this is not unreasonable for the customer. |
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7.3 |
Reservation as to oneself receiving delivery. We reserve the right to withdraw from the contract if our supplier does not deliver correctly or timely. This right of withdrawal shall only apply if we are not at fault for this non-delivery by the supplier, in particular, if we have concluded a congruent cover transaction with the supplier. We shall immediately inform the customer of non-availability of the goods. Any payment made to us shall be reimbursed immediately. |
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7.4 |
Late delivery. In the case of late delivery, the customer can only withdraw from the contract if it has set us a reasonable subsequent period with a threat of rejection and the delivery has not been made within the subsequent period. The period and threat of rejection can be waived in cases named. |
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| 8 |
Transfer of risk/dispatch |
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8.1 |
Risk of accidental destruction and accidental deterioration of the goods shall transfer upon transfer; for dispatching, risk shall transfer to the customer upon delivery of the goods to the haulier, the carrier or other person employed. This shall also apply if carriage paid delivery is agreed in individual cases. |
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8.2 |
If the dispatch is delayed due to circumstances for which the customer is responsible, risk shall transfer to the customer on the day of readiness for dispatch. |
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8.3 |
If we select the method of dispatch, carriage or courier, we shall only be liable for gross negligence in respect of the selection. |
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| 9 |
Material defects |
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9.1 |
Principles. We shall ensure that the products sold by us have the features specified in writing by the manufacturer or by mutual consent in checkable technical parameters. The customer is exclusively responsible for the suitability of the products sold by us for its application (system responsibility). Insofar as we offer application advice, the responsibility shall be restricted to the products offered and their specified checkable technical parameters or specified features (component responsibility). Unless agreed otherwise in individual cases, we shall not be liable for the nature or durability of the object. Use not in accordance with the contract shall only be considered if an express agreement has been reached to this effect. |
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9.2 |
Processing. If the products to be delivered by us are processed by us on behalf of the customer (e.g. bent or cut, removed, rewound connections), the principles according to 11.1 shall apply correspondingly. We shall ensure careful processing corresponding to the details provided by the customer and the sate of technology, but not to any effects processing has on the function of the product. The customer shall be responsible for this. |
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9.3 |
Product safety. The customer alone is responsible for the safety of the products sold by us in the customer's specific application. |
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9.4 |
Receiving inspection. The customer shall inspect every delivery for completeness and damage to the packaging upon transfer or receipt. Complaints must be sent to us in writing immediately. Fact finding must be carried out by the carrier. |
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9.5 |
Statistical receiving inspection. If the products sold by us are delivered in lots which facilitate a statistical receiving quality inspection according to the usual principles applicable, this inspection at least must be performed upon receipt. Unless agreed otherwise, the inspection conditions and criteria in the relevant standard documents shall apply to the inspection. A lot accepted upon this inspection shall be considered as free from defects. We shall replace a lot rejected upon this inspection upon its return to us in full. We reserve the right, in consultation with the customer, to replace the defective parts of the rejected lot with parts without defects. |
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9.6 |
Reliability information. In respect of reliability information regarding the products sold by us - unless expressly agreed otherwise - this information contains statistical averages calculated by the manufacturer which serve as general orientation for the customer but which do not refer to individual deliveries or lots. |
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9.7 |
Examination and complaint. The customer shall immediately examine the goods and report visible defects immediately to us in writing. Hidden defects must be reported in writing immediately upon discovery. |
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9.8 |
Correction. Where there is a defect for which we are responsible, we reserve the right to correct same either by repairing the defect or replacing the object. If correction is refused by us, if it fails is unreasonable for the customer, the customer can either withdraw from the contract or demand a reduction. |
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9.9 |
Period of limitation. Complaints by the customer shall lapse 1 month from the date of delivery or provision of services. This shall not apply where the law prescribes longer periods for constructions and objects for constructions in the case of malice and for recourse by the company. |
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| 10 |
Restriction of liability/Compensation |
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10.1 |
We shall be liable for culpable and gross negligence. We shall be liable for slight negligence only if this involves the breach of substantial contractual obligations arising from the nature of the contract or if their breach threatens fulfilment of the purpose of the contract. In this case, any compensation shall be limited to foreseeable damage. Moreover, in the case of slight negligence, claims for compensation by the customer - for whatever legal reason - are excluded. |
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10.2 |
The above restriction shall not apply to claims arising from the Product Liability Act, in the case of injury to life, limb or health. |
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10.3 |
In the case of claims for compensation for material defects, the restriction of liability shall not apply if we maliciously concealed a defect or assumed a guarantee. Provision 11.9 shall apply accordingly to the period of limitation for claims for compensation due to material defects. |
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| 11 |
Proprietary rights |
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11.1 |
Switches. The customer alone is responsible in respect of its application for freedom of the products sold by us of third party proprietary rights which refer to electrical switches. |
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11.2 |
Other proprietary rights. If a third party asserts claims arising from other proprietary rights (not relating to electrical switches), which prevent the customer from their use, we shall either procure the licence of the respective products or replace the products with products free from proprietary rights. Should this be impossible for legal or technical reasons or if this unreasonable for commercial reasons, we shall take back the respective objects and reimburse the purchase price. Further claims by the customer are excluded to this extent. |
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| 12 |
Applicable law |
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Applicable law: The contractual relationship is subject to Thai law. |
