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Terms & Conditions of Sale



Terms & Conditions of Sale

Terms and conditions of Lyreco (Thailand) Co., Ltd

These are a translation of the Thai language version of the Terms and Conditions of Lyreco Thailand, which are supplied here for information purposes only. In case of all and any disputes, the Thai language version will apply.

By purchasing from the catalogue and using the services, you are agreeing to these Terms and Conditions.

1.    Conditions Applicable

 

1.1.   Lyreco (Thailand) Co., Ltd.

is registered to operate business in Thailand with the registration number and VAT No. 0105544109337. The head office is located at 4345 Bhiraj Tower at Bitec, 16th floor Unit 1601-1608 Sukhumvit Road, Bangna, Bangna, Bangkok 10260

1.2.   These Conditions shall apply to all contracts for the sales of goods (including services) by Lyreco (Thailand) Co., Ltd. (hereby called “The Company”) to the buyer who is acting in the course of a business. The company shall not be responsible for any legal liability regarding the activity, which does not conform to this contract.

1.3.   The Company reserves the right to add, alter, amend or withdraw any of these Terms and Conditions or the Company’s Service Guarantee without notice.

1.4.   Orders for goods will only be accepted from buyers acting in the course of a business and the Company will not accept orders from office supply businesses or other wholesale or retail businesses.

1.5.   Where the Company knows or is made aware or suspects that the buyer is a dealer in or is a supplier of office supplies or is otherwise engaged in the office supplies business, then the Company will not sell goods to that buyer and can withdraw from any transaction entered into between the Company and the buyer and reserves the right to refuse to sell to that buyer in its sole discretion.

1.6.   All orders for goods until accepted or rejected at its discretion by the Company shall be deemed to be an offer by the buyer to purchase goods pursuant to these Conditions and all goods are offered subject to availability. The Company reserves the right at any time to impose a minimum order quantity on any orders for goods prior to the order being accepted by the Company.

1.7.   Whilst the Company has attempted to ensure that the information within its catalogues, website and other publications is correct at the time of publication, they do not form part of any contract for the sale of goods. For technical reasons, color illustrations should be viewed as a guide only.

1.8.   Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

1.9.   Working days, as agreed in these terms and conditions, mean Monday to Friday of each week excluding bank holidays, public holidays of Thailand or company’s holidays, which will be informed to the buyer in advance.

2.    Orders, Specifications

 

2.1.   The Company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements, or where the goods are to be supplied to the Company’s specification which do not materially affect their quality or performance. Whilst the Company will endeavor to supply the product to ordered, the Company reserves the right to supply products of a comparable specification without notice and to vary to a reasonable extent the quantities delivered from those ordered to conform with the Company’s or its suppliers standard packaging. If supplies of an item are temporarily interrupted, the Company will replace the item with another one of comparable quality or will expedite delivery of the item as soon as it becomes available.

2.2.   The goods sold by the Company are at its discretion categorized as:-

                   I.    Stock stationery products being stationery and office supplies products ordinarily held in stock by the Company for direct delivery.

                 II.    Stock Furniture Products being furniture products ordinarily held in stock by the Company for direct delivery.

                III.    Non-Stock products – being the products not ordinarily held in stock by the Company.  it is the Company’s right to classify these type of products. In order to provide greatest comfort to the buyer, the Company will mark Truck for the non-stock products, which the Company does not stock in our inventory.

 

2.3.   Any non-returnable goods sold by the Company will only be accepted as a return either at the Company's absolute discretion or where the goods are found to be defective at the date of delivery.

 

2.4.   Orders for stock stationery products may be cancelled at any time prior to the dispatch of the goods. Orders for other stationery products may only be cancelled with the written agreement of the Company.

 

3.    Price and Payment

 

3.1.   The company has the policy to offer the best price to the buyer under the condition that the situation is normal and the price specified in the Company’s quotation is the price that the Company has adjusted to be the most appropriate level under the Company best discretion. Additionally, according to the nature of stationery market, where the price is continually fluctuating, the Company reserves the rights to adjust the price of products without prior notice, except where the price has been predefined in writing only. Besides this, the price of products is marked on the delivery date. If possible, the Company will inform the change in price before there is an actual adjustment.

3.2.   The price that the Company offers is excluding VAT, which is the rate at the date of delivery.

3.3.   The buyer shall pay the price of the goods within 30 days of the date of the Company’s invoice not withstanding that the property in the goods has not passed to the buyer. The time of payment shall be of the essence of the contract.

3.4.   The Company reserves the right to grant, refuse, withdraw, restrict, alter or cancel credit terms at its sole discretion. The Company, without limitation, reserves the right to refuse or cancel orders for goods where the buyer is or is liable to become in breach of its agreed credit terms.

3.5.   If the buyer fails to make payment on the due date then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to charge the buyer for the debt collection as follows.

                   I.    The outstanding payment will be charged with the interest at 15% per year until the buyer settles all the outstanding debts. According to the principle of interest calculation, the fraction of the month is considered as an entire month. Hence, the interest is applied before and after the court’s judgment.

 

4.    Delivery

 

4.1.   For the buyer who has registered and opened account with customer service department at Lyreco (Thailand) Co., Ltd.

4.1.1   Without problems regarding the traffic jam, bad weather, terms & conditions in this contract, the company shall deliver the products as follow.

4.1.1.1       The Company shall deliver Purchase Orders of stocked catalogue products received on working days before 18:00 within the next working day to the buyer (in specific location defined by the Company*).  The Company and the buyer are entitled to determine a different delivery date by a mutual consent.

 

4.1.1.2       In case of ordering any products, which are not stocked in our inventory, no matter that the absence is caused by the manufacturer or any other possible reasons, the Company will inform the buyer about the date that the product will be delivered. However, the Company will not hold responsibility for the delay in delivery caused by the aforementioned factors. Hence, the delivery schedule should not be materially included in this contract except the agreement has been previously made in writing.

 

4.1.1.3    The company will not hold any responsibility regarding the undelivered of the products according to the uncontrolled reasons or any other reasons caused by the mistake of buyer or manufacturer.

 

4.2  The Company reserves the right to make a separate charge for deliveries where the buyer specifically requests and the Company agrees to making a delivery by an agreed time.

 

4.3   The purchase order reception, the buyer shall order the products through phone, fax, email and company’s website during the Company’s working day before 18.00  Purchase orders received after 18:00 are classified as received the next working day.

 

5.      Risk and Property

 

5.1. Risk of damage to or loss of the goods shall pass to the buyer at the time of delivery.

 

5.2.   Although the product has been delivered to the buyer and the buyer has held liability to the risk of product, the title of the product has not yet been transferred to the buyer unless the full payment is made on schedule as previously agreed to the Company.

 

5.3.   The company has the right to recover the goods at anytime as long as the title has not yet been passed to the buyer and the buyer must allow the Company’s representative to access the buyer’s premise in order to check and recover the goods in respect of which title has not passed to the buyer.

 

5.4  The buyer has the right to use the product until the buyer receives the title in the product.

 

6.    Warranties and Liability

 

6.1. The company will replace the product it is found to be damaged during the delivery process without any additional charges. If the delivered product or the price of product is different to the buyer’s order caused by the mistake of the Company, the Company will reclaim the product and make a refund to the buyer without any additional charges. In case that the buyer is unsatisfied with the received product, the Company offers full credit on all orders within 30 days of receipt**. The orders must not be opened and the original packaging must be intact and clear of markings. However, it is the Company’s absolute discretion to finally accept the case of return. When the return is accepted by the Company, the logistics department of the Company will be responsible for the pick up from the buyer without any additional charges. Afterwards, the Company will cancel the invoice.

 

6.2  The Company shall not be liable to the buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the goods, if the delay or failure was due to any cause beyond the Company's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company's reasonable control:-

                   I.    Traffic jam, bad weather condition, explosion, flood, storm, fire or accident or any other events beyond company’s capability

                 II.    War, terrorism, riot, rebel and expropriation

                III.    A lawful act, prohibition, regulation, municipal law or measure announced by state or congress or local government unit.

                IV.    A regulation of import and export. A prohibition to export to other countries

                  V.    Strike or industrial related event or the trading conflict (no matter it involves with company’s employee or other third party’s employee).

                VI.    The difficulty in deriving of raw material, workforce, energy, component parts of the machine.

               VII.    Electrical shortage, damaged vehicle, machine or system break down

             VIII.    Regulation announced by the government about stopping , delaying or parking the vehicle which may affect the delivery of the Company

 

7.    General

7.1    This contract shall be governed by the laws of Thailand

 

Company Address

Lyreco (Thailand) Co., Ltd.

4345 Bhiraj Tower at Bitec, 16th Floor, Unit 1601-08, Sukhumvit Road,

Bangna, Bangna

Bangkok 10260

 

*Provinces including:  Bangkok, Samutprakarn, Samutsakorn, Nakornprathom, Rachburi, Ayuthaya,

         Prathumthani, Nonthaburi, Cholburi, Rayong, Prachinburi, Saraburi

 

**Excluded all non-returnable products, which marked no return

 


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