Sales Conditions

      1.1 Sika (Thailand) Limited is registered in Thailand under registration number and VAT number 0205562046944. The office is located at 700/37 Moo 5 Amata City Chonburi Industrial Estate, KM 57, Bangna-Trad Rd., Tambol Klong Tamhru, Amphur Muang, Chonburi 20000, Thailand (hereinafter referred to as the "Company").  
      1.2 The acceptance of purchase orders is subject to the following terms and conditions, and placing a purchase order with the Company shall be deemed as the buyer's acceptance of such terms and conditions. Any changes, amendments, or substitutions of these terms and conditions shall not be binding unless the Company explicitly agrees in writing.
      1.3 Errors or omissions, including printing mistakes, in any sales documents, quotations, estimates, order confirmations, invoices, or any other documents or information issued by the Company must be rectified without the Company being held responsible for any liability.

      The quotation does not constitute an offer by the Company to sell goods or provide services as specified therein. Any purchase order submitted to the Company based on any quotation shall not be binding on the Company unless the Company has expressly accepted it in writing. The acceptance of such purchase orders shall be subject to the Company’s ability to procure the necessary materials and to the Company being permitted and/or licensed to engage in the activity concerned, provided that such permission or license remains valid.

(a) All prices listed in the quotation are merely estimates until the purchase order is confirmed in writing by the Company. The estimated prices are based on the cost of materials, labor, fuel, transportation, and overhead costs prevailing at the time of the quotation and may be subject to change by the Company at any time, whether before or after the acceptance of the purchase order, to reflect any changes in the prices or costs incurred before the completion of the delivery of goods as per the purchase order.

(b) Unless otherwise stated in the Company’s order confirmation, the prices stated in the quotation are net. Payment for goods, as indicated in the invoice or price list, must be made in full within 30 days from the invoice date.

(c) The buyer must make full payment for the goods within 30 days from the date of the Company’s invoice, even if ownership of the goods has not yet been transferred, as the payment deadline is considered essential to the contract.

(d) In the event that the buyer fails to make payment within the specified period, and without prejudice to the Company's other rights, the Company shall have the right to charge interest at the rate of 15% per annum on the overdue amount until full payment is made. For interest calculation purposes, any fraction of a month shall be counted as a full month.

      Even though the risk of the goods has passed to the buyer under these terms, the title to the goods shall remain with the Company until the buyer has fully paid all amounts owed to the Company, regardless of whether such amounts are related to a specific contract or other outstanding payments. The buyer must store the goods in a manner that clearly indicates that the Company retains ownership and that the buyer is merely holding the goods on behalf of the Company until such time as requested by the Company. However, the buyer may handle the goods in the ordinary course of business as an undisclosed agent of the Company. Any amounts received from such handling must be held by the buyer for the benefit of the Company. If the buyer has sold and delivered the goods but has not received payment, the buyer must assign the claim for payment to the Company upon request. The buyer hereby irrevocably grants the Company full authority, as permitted by law, to effect the assignment of such claims and to collect payment in the name of the buyer for the benefit of the Company. In the event that the buyer fails to make payment for the goods, the Company shall have the right to enter the buyer’s premises at any time, without prior notice, to reclaim possession of the goods. This provision shall continue to apply even if there are subsequent agreements or other arrangements between the parties under which the Company or another entity has agreed to extend credit to the buyer.

(a) The conditions and warranties for which the company shall be liable regarding the status, quality, or condition of the goods sold to the buyer shall be in accordance with applicable law and may not be excluded as prohibited by law. Notwithstanding anything to the foregoing, the Company warrants that the goods will meet the properties as described in the respective product data sheet at the time of delivery of the goods.
      The company’s warranty shall only cover cases where the buyer uses the goods in strict accordance with the instructions provided on the label. It shall not cover cases where the goods are used in a manner inconsistent with those instructions.
      In the event that the goods are found to have defects or do not conform to the warranty and the buyer of the goods notifies the Company in writing no later than 6 months from the date of delivery, the company’s liability shall be limited to either the replacement of the goods or the repair of the goods, at the company's discretion. The company expressly disclaims any liability for any other conditions or requirements, whether expressed or implied by law, regarding the quality or condition of the goods beyond what is specified herein.

(b) Except as stated above, the Company shall not be liable (including in cases of negligence) to any person for any loss of profit, revenue, or business, interruption of production, cost of capital, or any consequential loss or damage, whether direct or indirect, arising from the goods, including but not limited to defects, faults, or damages in the condition of the goods.

(c) The specifications of each product are detailed in the “Product Information Sheet,” and the buyer must refer to the latest version of the relevant Product Information Sheet, which can be requested from the Company.

(d) The Company’s products are intended for use by technically knowledgeable and skilled users. It is the responsibility of the user to test the suitability of the product for its intended use and purposes. Compliance with applicable technical and construction standards is essential.

(e) If the Company provides advice, assistance, testing, or reports regarding (1) the selection or application method of the products, or (2) the handling or use of the products (collectively referred to as "technical assistance"), the buyer accepts that such assistance is at the buyer’s own risk, and the Company shall not be liable for any use or results arising from such technical assistance.

(f) The Company shall not be responsible for any claims in writing made by the buyer if Company employees have provided on-site assistance with product usage at the buyer’s premises.

(g) Any drawings, descriptions, weights, or dimensions provided by the Company are merely approximate and intended for general guidance. The Company shall not be liable for any discrepancies or omissions related to these matters.

(h) Any representations regarding Sika products shall not bind the Company unless they are in writing and signed by the General Manager.

(i) To the maximum extent permitted by law, the Company’s total liability arising from or related to the status, quality, or condition of the goods shall be limited to claims based on breach of contract, warranty, indemnity, including negligence, strict liability, or otherwise. For the avoidance of doubt, this limitation shall not apply if and to the extent the Company is liable for gross negligence or willful misconduct.

      6.1 The Buyer must use the products in a manner that does not infringe the rights of third parties.
      6.2 The Company shall not be liable for any claims that may arise against the Company concerning patent or registered design infringements, resulting from actions taken by the Company following the Buyer's instructions. The Buyer agrees to indemnify and hold the Company harmless from any claims, lawsuits, or demands for damages, compensation, or any other costs arising from such claims or lawsuits.

      7.1 The terms and conditions are as stipulated in the latest price list.
      7.2 Product deliveries will be carried out according to the purchase order number and within the delivery schedule confirmed in the price list. Products ordered under the same purchase order may be delivered separately, depending on the type of products as deemed appropriate by the Company.
      7.3 The products will be delivered to the specified address only. The Company reserves the right not to accommodate any changes to the delivery address.
      7.4 The Company reserves the right to charge delivery fees based on the volume of products and the transportation distance. The delivery dates provided by the Company are only estimates, and the Company will not be liable for any losses, injuries, damages, or other expenses resulting from delivery delays, regardless of the cause. Such delays do not entitle the Buyer to cancel any orders or refuse the products at any time.

      8.1 The Company will make reasonable efforts to deliver the products on the agreed-upon date, but it shall not be liable to the Buyer in any way if the delivery cannot be made on that date.
      8.2 When the product price includes transportation costs, or when the Company provides the transportation, the Company has the right to choose the method of transportation.
      8.3 Unless affected by traffic congestion or adverse weather conditions and provided there is no breach of the agreement's terms, the Company will deliver the products as follows:
            8.3.1 The Company will deliver the products as agreed and specified in the price list.
            8.3.2 In cases where the ordered products are available in stock, whether due to the manufacturer or any other reasons, the Company will provide an approximate delivery schedule to the Buyer. However, the Company cannot be held responsible for any delays arising from the aforementioned reasons. The delivery schedule is not considered essential to the agreement unless specified in a prior written contract.
            8.3.3 If the Company is unable to deliver the products due to any reason beyond its control or due to an error by the Buyer or manufacturer, the Company shall not be held liable in any way.

      The packaging mentioned in the price list represents Sika's standard packaging size and incurs no additional charge and cannot be returned. Special packaging will require additional payment.

      The Company will not be responsible for short delivery, loss, or damage to the products or materials during transportation within Thailand or elsewhere unless notified in writing under the terms and conditions specified in the relevant transport insurance documents. Such notice must:
      a) In cases of short delivery or damage, be reported to the carrier and the Company in writing within 3 days of receiving the products.
      b) In cases of loss, be reported within 14 days from the expected delivery date, or according to the method specified in the insurance documents.
      Any claims regarding product defects will not be considered unless the above conditions have been met.

      11.1 The Company does not accept returns or exchanges for products delivered according to the purchase order unless agreed upon in writing.
      11.2 In cases of such returns, the Company reserves the right to deduct 10% of the product value as storage fees.
      11.3 For agreed-upon returns or exchanges, the Buyer must provide the receipt issued by the Company at the time of the return/exchange. (For online orders, when receiving the products at the branch or home delivery, please check the receipt and retain it for your benefit.) If the receipt is not provided, the Company reserves the right to refuse the return in any case.
      11.4 The products, packaging, wrapping, and barcode labels must be in perfect condition without any physical or chemical alterations.
      11.5 If the return does not meet the specified conditions, the Company reserves the right to refuse any return or exchange.

      In the case of resale, the Buyer must sell the products purchased from the Company under the Company’s trademarks and trade names. The Buyer must also comply with the terms and conditions specified herein unless the Company expressly agrees otherwise in writing.

      If the Company is delayed or unable to deliver products due to natural disasters, wars, riots, governmental or parliamentary restrictions, prohibitions or laws, import/export restrictions, strikes, trade disputes, labor or material shortages, machinery breakdowns, fires, accidents, or any other causes beyond the Company’s control, the Company reserves the right to cancel or temporarily suspend the contract without being liable for any loss or damage resulting from such events.

      The Company recognizes and respects your privacy rights and therefore prioritizes and sets policies in accordance with the Personal Data Protection Act B.E. 2562 (2019) and relevant laws.

      In providing products and services to Buyers, the Company is required to process the personal data of Buyers. Thus, the authorized person representing the Buyer, as a user and/or visitor to the Company's website, is doing so on behalf of the Buyer in a business relationship with the Company. The personal data processed includes necessary information for providing services to Buyers, such as order placement, order tracking, and receiving news and promotions to ensure that you receive maximum benefits from the Company.

      These terms and conditions shall be governed by and construed in accordance with the laws of Thailand.

      16.1 This contract and any disputes or claims arising from or related to this contract (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Thailand, without regard to its conflict of laws principles.
      16.2 The parties agree that the courts of Thailand shall have exclusive jurisdiction to resolve any disputes or claims (including non-contractual disputes or claims) arising from or related to this contract.

      These terms and conditions supersede any general or specific terms the Buyer may set forth at any time concerning any purchase order.

      If any provision of this contract is or becomes illegal, invalid, or unenforceable in any jurisdiction, this shall not affect the legality, validity, or enforceability of the remaining provisions in that jurisdiction or in other jurisdictions.