Terms and Conditions of Service
Standard Terms and Conditions for Service Contracts of 168 To Be Design Co., Ltd.
These Terms and Conditions set forth the standard requirements and stipulations for the service contract between 168 To Be Design Co., Ltd., which provides construction contracting, design services, as well as goods and services (“the Contractor”)—hereafter referred to as “168 To Be Design” in these Terms and Conditions—and any individual, enterprise, or company that submits a purchase order to 168 To Be Design to acquire any goods, products, or services (“the Client”).
These terms shall apply unless explicitly agreed upon otherwise in writing between an authorized representative of 168 To Be Design Co., Ltd. and the Client.
Terms and Conditions of Service
- General Matters
168 To Be Design will only accept purchase orders or work orders submitted under the mandatory application of these Terms and Conditions. These terms may be altered only as 168 To Be Design and the Client may agree upon in writing.
Furthermore, 168 To Be Design reserves the right to change these Terms and Conditions of Sale at any time and from time to time. Such amended Terms and Conditions of Sale shall become effective after 168 To Be Design has provided the Client with advance notice of not less than seven (7) business days.
- price
2.1 The prices are specified by 168 To Be Design in the tax invoice and the quotation prepared by 168 To Be Design, and are subject to Value Added Tax (VAT) as legally required, unless 168 To Be Design has specified otherwise. The pricing is based on the purchase of all items listed in the purchase order; that is, the price set for each service, product, or item may vary for purchases in different quantities or for combined purchases.
2.2 168 To Be Design will not disclose or maintain records of any most-privileged clients, will not represent such status externally, and will reject any price guarantee clauses proposed by the Client.
The price lists communicated, presented, or published by 168 To Be Design may be subject to change without prior notice, due to reflecting market conditions or in cases of changes in the cost of raw materials, shipping fees, or foreign exchange rates, etc.
- Payment Terms
3.1 The Client shall pay all monies (installments) due within the payment period specified on the Bill or Tax Invoice. If no payment terms are specified on the Bill or Tax Invoice, the Client must pay within seven (7) days from the date the Client receives the Bill or Tax Invoice. Should the Client fail to make payment pursuant to this clause, all outstanding monies owed by the Client to 168 To Be Design shall become immediately due and payable. The Client shall have no right to withhold payment of any account whatsoever arising from any doubt, dispute, or set-off against any account.
3.2 In the case of phased delivery of work, goods, or products in installments, 168 To Be Design shall have the right to issue a tax invoice for each installment upon the delivery of the said installment, and payment shall be due as stipulated in each respective tax invoice.
3.3 Should the Client breach these Terms and Conditions, 168 To Be Design shall be entitled to charge cumulative interest at the rate of one point seven five percent (1.75%) per month on all outstanding amounts (including expenses and late payment amounts other than the Price). This interest shall be calculated daily on any amount that is due but remains unpaid.
The said interest shall be calculated commencing from the due date of payment, and the Client agrees that such interest is not a penalty but is a method of ascertaining the actual damages incurred by 168 To Be Design. Any payment received from the Client shall be applied first towards any such interest, and all such fees shall be payable upon demand.
- Delivery
4.1 Any dates or times referenced for installment delivery are mere estimates. 168 To Be Design will deliver at the time specified by the Client in the contract (as an estimate), but failure to do so shall not grant the Client any rights to cancel or refuse delivery, nor shall it hold 168 To Be Design liable for any loss or damage, whether direct or indirect, incurred by the Client as a result thereof.
4.2 Subject to Clause 4.1, 168 To Be Design shall be discharged from its delivery obligations upon the complete arrival of the final work installment at the designated delivery destination. The Company shall deliver to the agent designated by the Client, the Client themselves, or the address stated on the Invoice or Tax Invoice. The details appearing on the 168 To Be Design delivery note shall serve as preliminary evidence of the date, time, and location of the delivery.
4.3 For any reason whatsoever, should the Client be unable to inspect and accept the construction work, delivery of goods, or products at the time they are notified as ready for delivery, 168 To Be Design may, at its sole discretion, take custody of the work at the Client's risk and shall implement all reasonable measures to protect and secure the goods, with the Client bearing the related costs. In such an event, 168 To Be Design must immediately notify the Client of the situation.
4.4 168 To Be Design shall have the right to deliver the said quantity of goods in installments and at the times determined by 168 To Be Design or mutually agreed upon in the contract. Any defect in the delivery of any installment shall not constitute grounds for the cancellation of the remaining installments, and the Client shall be obligated to accept the delivery of subsequent installments.
- Inspection
The Client shall inspect the delivered work immediately upon delivery. 168 To Be Design provides a work warranty period of one (1) year following the notification within seven (7) days of the Contractor's work installment delivery, and shall not be liable for any incorrect delivery, shortages, defects, or damages whatsoever, unless 168 To Be Design receives written details concerning the date of the goods delivery within a period of seven (7) days. 168 To Be Design and the Client agree that the Client’s failure to provide such notice shall be deemed a satisfactory acceptance of the goods, and the Client shall have no further claim against 168 To Be Design, except as stipulated in Clause 8.
- Returned Goods
168 To Be Design must be notified of all returned goods within seven (7) days from the date of delivery for materials without an expiration date, and within seven (7) days for materials with a defined expiration date (Materials with a defined expiration date = products or goods containing chemical components with a specific, visible expiration date on each product).
The goods that 168 To Be Design accepts for return must be specified under 168 To Be Design’s internal policy as a product type that 168 To Be Design accepts returns for. 168 To Be Design will not accept returns for any special cases determined by 168 To Be Design to be non-returnable. Furthermore, the goods must be in perfect condition to be suitable for return. Perfect condition is defined as unused items, still in their original, unbroken packaging, and in the newest possible state.
Returns will only be accepted with prior written approval from an authorized representative of 168 To Be Design.
- Property and Risk
7.1 The risk in the goods or work shall pass to the Client upon delivery to the Client, the Client's agent or carrier, or a freight company nominated by the Client.
7.2 The Client acknowledges that they possess the work, products, or goods solely as a bailee (custodian) for 168 To Be Design until full payment, as stipulated in Clause 3, has been made in full for all installments to 168 To Be Design. Until such full and final installment payment is completed, the work, products, or goods shall remain the exclusive property of 168 To Be Design to possess.
8.Warranty
8.1 A work warranty period of one (1) year is provided following the notification within seven (7) days of the Contractor's work installment notification. However, this does not include any other goods and products supplied along with the service, which are provided with benefits and under various warranty terms directly furnished with the construction contracting or decoration service.
The Client shall exercise the right to claim such goods within the warranty period of those specific products directly from the manufacturer. Please verify the information in the product catalog for special warranty stipulations.
8.2 Nothing in these Terms and Conditions, or in any warranty provided by 168 To Be Design, shall impose any liability on 168 To Be Design with respect to any defect in the goods or work arising from an act, omission, negligence, or default of the Client or the Client's employees or agents. This includes, but is not limited to, the Client’s failure to comply with any recommendations of 168 To Be Design regarding the storage and handling, or the use or shipment of the goods, the use of the goods in conjunction with other items, or other misuse or accident, fair wear and tear of the goods, or the Client's failure to use the goods in accordance with other usage requirements or applicable laws.
8.3 168 To Be Design shall not be liable for any damage, loss, cost, or expense of any kind whatsoever arising from or relating in any way to the installation of the goods by the Client or the Client's employees, agents, or any subcontractors of the Client.
By these Terms and Conditions, the Client agrees to indemnify and hold harmless 168 To Be Design against any actions, costs, charges, losses, damages, and expenses that 168 To Be Design may incur or suffer as a result of any legal claim by any third party relating in any way to the installation of the goods.
9.Request
9.1 By these Terms and Conditions, the Client hereby grants and irrevocably assigns the right to 168 To Be Design, its agents, and employees to enter any premises occupied by the Client without prior notice, in order to identify and remove any goods that are the property of 168 To Be Design pursuant to the terms and conditions of the contracted work.
- Limitation of Liability
10.1 Subject to applicable law, the aggregate liability of 168 To Be Design (whether in contract, in tort due to negligence, or for breach of duty, or otherwise) to the Client for any loss or damage whatsoever shall be limited to the Price of the goods.
10.2 The Client shall be liable to 168 To Be Design and shall indemnify and hold harmless 168 To Be Design against any and all costs, losses, liabilities, or charges whatsoever incurred by third parties arising out of or relating to an act, omission, negligence, and/or breach of the provisions of these Terms and Conditions or otherwise due to the Client’s default.
10.3 168 To Be Design makes no representation or warranty that the use of the goods does not infringe the rights of any third party, and 168 To Be Design shall have no liability in this regard.
10.4 These Terms and Conditions of Sale shall only include, limit, or amend the application of any applicable statutory provisions that cannot, by law, be excluded, limited, or amended.
10.5 Save for any implied terms and warranties included by the sale of goods or by consumer protection law, the Client agrees that
- Save for any implied terms and warranties included by the sale of goods or by consumer protection law, the Client agrees that
The Client has not relied on any inducement, representation, or statement by or on behalf of 168 To Be Design in purchasing the goods, and there are no implied conditions or warranties in these Terms and Conditions (unless made in writing and signed by a duly authorized representative of 168 To Be Design); and - ข้อกำหนดนี้ได้กำหนดความรับผิดทั้งหมดของ 168 ทูบีดีไซน์เกี่ยวกับความรับผิดต่อ การผิดเงื่อนไขหรือรับประกันในส่วนที่เกี่ยวกับการขายสินค้า ไม่ว่าอย่างไรก็ตาม 168 ทูบี ดีไซน์จะไม่ก่อความรับผิดใดๆ ในส่วนที่เกี่ยวกับหรืออันเกิดจาก หรืออันเกี่ยวเนื่องกับ ความเสียหายที่มิได้เกิดขึ้นโดยตรงและทันที หรือความเสียหายโดยตรงหรือโดยอ้อมที่ลูกค้าได้รับหรือก่อให้เกิด รวมถึงแต่ไม่จำกัดเพียงการสูญเสียกำไรหรือรายได้
This provision sets forth the entire liability of 168 To Be Design concerning liability for breach of condition or warranty in connection with the sale of goods. Notwithstanding the foregoing, 168 To Be Design shall not incur any liability whatsoever in respect of, or arising from, or relating to indirect or consequential damages, or direct or indirect damages incurred or caused by the Client, including but not limited to loss of profit or revenue.
- Force Majeure
นี่คือคำแปลภาษาอังกฤษอย่างเป็นทางการสำหรับข้อกำหนดเรื่อง เหตุสุดวิสัย (Force Majeure):
11. Force Majeure (เหตุสุดวิสัย)
168 To Be Design shall not be liable for any failure or delay in the provision or delivery of work in the event that such failure or delay arises from any cause or circumstances whatsoever, whether wholly or in part, which is beyond the reasonable control of 168 To Be Design.
This includes, but is not limited to: war, strikes, lock-outs, industrial disputes or unrest, governmental restrictions or interference, delay in transportation, fire, unavoidable acts of God, plant breakdown, shortage of materials or labor, storm or tempest, theft, destruction of property, riot, civil commotion, or accidents of any kind whatsoever.
- Termination of Contract
If the Client fails to comply with any of these Terms and Conditions, or is an individual who becomes bankrupt or is reasonably believed to be about to become bankrupt, or is a company that has passed a resolution for winding up or liquidation (other than for the purpose of amalgamation or reconstruction) or enters into administration, a composition, or arrangement with its creditors, or if a receiver, manager, or administrator is appointed over any of the Client’s property or assets, or becomes liable to be wound up by reason of insolvency, or if a petition is presented for its winding up, or if a liquidator, provisional liquidator, or administrator is appointed, or is reasonably believed to be about to become insolvent, then, in addition to exercising any or all of its other rights against the Client under these Terms and Conditions, in whole or in part, and under all other contracts between 168 To Be Design and the Client, 168 To Be Design may cease further delivery of work, products, or goods and immediately repossess all of the foregoing that have not been paid for pursuant to these Terms and Conditions.
- Intellectual Property
The Client acknowledges and agrees that 168 To Be Design retains all intellectual property rights in the delivered work, and the Client shall not use any of these intellectual property rights (including but not limited to trademarks, patents, design rights, and copyrights) belonging to 168 To Be Design or its affiliates, or any brand, packaging, design, or trade name that is similar or identical to the intellectual property of 168 To Be Design, without the prior written consent of 168 To Be Design.
- Service
Services include operational demonstrations, technical services, and any services performed at the Client's workplace.
The Client shall be responsible for the following:
-Providing secure access to the area for 168 To Be Design's personnel (e.g., employees, agents, and contractors).
- การตรวจสอบให้แน่ใจว่า ได้มีการขอความยินยอมและการอนุญาตทั้งหมดที่จำเป็น สำหรับการบริการนั้นๆ แล้ว
- Ensuring that all necessary consents and authorizations for the services have been obtained.
- Ensuring that the premises are free from health and safety hazards; and
- The death or injury to persons occurring to 168 To Be Design's personnel or the loss of property belonging to 168 To Be Design, its personnel, and subcontractors while on the Client's premises, except in the event that such injury, loss, and/or death is caused by the negligence of 168 To Be Design or 168 To Be Design's own subcontractors.
- Document Submission
The Client agrees that the service of any notice or legal process may be effected by sending the same by registered post or by facsimile to the Client's last known address.
- Statement of Liabilities
A certificate signed by a director, secretary, financial manager, or credit controller of 168 To Be Design shall be prima facie evidence of the amount of money owed by the Client to 168 To Be Design at that time.
- Miscellaneous
The two contracting parties mutually agree that these Terms and Conditions shall form part of any sale and purchase agreement or any other contract between 168 To Be Design and the Client relating to the sale of goods.
- Severability
In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be invalid, illegal, or unenforceable, whether wholly or in part, such invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms and Conditions.
- Confidential Information
168 To Be Design is bound by your confidentiality, pursuant to 168 To Be Design’s confidentiality principles and policy. Individuals may access their personal information upon request. We will use various types of personal information collected, including the consideration and assessment of your application for engagement, which enables us to supply you with products and/or services, and to evaluate commercial credit applications, manage accounts, and (if necessary) protect us from the risk of debt collection. This information may be disclosed to our related or affiliated companies, parties relevant to your engagement (such as referees or others specified in our confidentiality policy), contractors, other creditors regardless of whether your account is overdue or not, and (if necessary) insurers, debt collectors, and our credit reporting agencies.
If you do not provide all or part of the information requested by us, we may not be able to consider any of your requests, or supply our goods and/or services to you, and we may not be able to process your commercial credit application. Should you have any questions or concerns regarding our confidentiality policy, please address your request to the Confidentiality Officer at our Head Office, located at Cosmo Office Building, Floor 6, Building 89, Popular Road 3, Tambon Ban Mai, Amphoe Pak Kret, Nonthaburi Province.
- Governing Law
The Client agrees that these Terms and Conditions of Sale shall be construed in accordance with the laws of the Kingdom of Thailand. The Client consents to the jurisdiction and venue of any court of competent jurisdiction authorized to preside over the legal proceedings and trial.