Terms and Conditions of Sale
1. General
Orders are accepted subject to the following terms and conditions and the placing of an order with Sika (Thailand) Limited (here after called “the Company”) is to be deemed to be acceptance of such terms and conditions by the customer. No variation or modification of, or substitution for, such terms and conditions shall be binding unless expressly accepted by the Company in writing.
2. Quotations
Quotations do not constitute an offer by the Company to supply the goods or carry out the work referred to therein, and no order placed in response to a quotation will be binding unless accepted by the Company in writing. All such acceptances by the Company are subject to availability of the necessary Company being able to obtain any necessary authorization and/or licenses and to the same remaining valid.
3. Prices and Terms of Payment
a) All prices given in quotations are provisional only until the order has been accepted by the Company in writing and being based upon the prices and costs of materials, labor, fuel, transport and overhead expenses current at the date of the quotation may be varied by the Company at any time either before or after acceptance of the order to correspond with any variation in such prices or costs which may occur at any time before delivery of the order to the customer is completed.
b) Unless otherwise stated in the Company’s acceptance of an order, prices quoted are strictly net. The payment shall be made in full in 30 days from invoice date.
4.Exclusion of Warranties
a) The only conditions and warranties which are binding on the Company in respect of the state, quality or condition of the goods supplied by it to the customer are those imposed and required to be binding by statute and to the extent permitted thereby the liability, if any, of the Company arising from the breach of such conditions or warranties shall, at the Company’s option, be limited to and completely discharged by either the replacement or the repair by the Company of the goods supplied to the customer and otherwise all other conditions and warranties whether expressed or implied by law in respect of the state, quality or condition of the said goods which may apart from this clause be binding on the Company are hereby expressly excluded and negative.
b) Except to the extent provided immediately above the Company shall have no liability (including liability in negligence) to any person for any loss or damage consequential or other wise howsoever suffered or incurred by any such person in relation to the goods and without limiting the generality thereof in particular any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly or indirectly from any failure, breakdown, defect or deficiency of whatsoever nature or kind of or in the goods.
c) Where the Company gives any advice or approval concerning the plans or specifications or concerning any other matter in relation thereto such advice or approval is given subject to the condition that the Company shall be under no liability of any kind in connection therewith.
d) Any drawings, description, weights, or dimensions submitted by the Company are approximate only and intended merely as a general guide and the Company will not be liable for any error or omission therein or with regard thereto.
e) No representation in relation to Sika products shall be binding on the Company unless in writing and signed by the general manager
5. Patents and Designs
The Company shall not be liable in respect of any claim which may be made against the Company for infringement of letters patent or registered design which may arise as a result of the Company carrying out instructions given by the customer and the customer agrees to indemnify and keep indemnified the Company from and against all or any such claims and against all costs, damages and expenses incurred by or recovered against the Company in respect of any such claims.
6. Delivery
Terms and Conditions as in our current price list.
The Company reserves the right to apply a delivery charge depending on quantity of goods and freight distance. Any delivery dates given by the Company are approximate only and no liability can be accepted for any loss, injury, damages or expenses consequent upon any delay in delivery from any cause whatsoever nor shall any such delay entitle the customer to cancel any order or to refuse to accept delivery at any time.
7. Schedule of deliveries
The Company will take all reasonable steps available to deliver the Goods on the dates agreed but shall not be liable to the customer in any way if delivery is not made on such date.
8. Transportation
Where the price provides for absorption by the Company of portion of the freight charges or where the Company provides the transportation equipment the Company shall have the right to select the means of transportation.
9. Packing
All containers mentioned in the current price list are standard Sika sizes, free of extra charge and non-returnable. Special packaging is charged extra.
10. Shortage, Damage or Loss in Transit
The Company will not be liable for shortage, loss or damage to goods or materials in transit in Thailand or elsewhere unless written notice is given to the Company in accordance with the terms and conditions of the insurance cover effected in respect of the particular consignment. Such notice must be given.
a) All shortages and damage must be reported to the Carriers and the Company in writing within three days of receipt of goods.
b) In the case of loss within 14 days of the scheduled arrival date or in such other manner as may be specified in the covering documents.
No claims for any deficiencies will be considered unless the above condition is adhered to.
11. Return of Goods
We regret that we cannot accept the return of goods supplied against orders, except by prior written agreement.
Any return (if any), we reserves the right to deduct for transportation surcharge at 10% of goods’ value.
12. Resale
If the customer shall sell any of the goods which he purchases from the Company he must do so under the trade marks or trade names registered by the Company, and the customer must ensure that such goods are only sold subject to the terms and conditions as are herein contained unless otherwise expressly agreed in writing by the Company.
13. Force Majeure
Should the company be delayed in or prevented from making delivery owing to act of God, War, Civil disturbance, requisitioning, Government or Parliamentary restriction, prohibition or enactment of any kind, import or export restrictions, strikes, lockouts. Trade dispute, difficulty in obtaining workmen or materials, breakdown of machinery, fire, accident, or any other cause whatsoever beyond the Company’s control, the Company shall be at liberty to cancel or suspend the contract without incurring any liability for any loss or damage resulting therefrom.
14. Legal Construction
These terms and conditions shall be governed and interpreted according to the laws of Thailand.
15. Extent of Conditions
The foregoing terms and conditions supersede and prevail over all general or special terms or conditions imposed or sought to be imposed by the customer at any time in relation to any order.
April, 2011.