Terms and conditions

For Purchases and Services on the Website

1. Definitions

  Please read and understand the terms and conditions for purchasing goods and using services on this website (“Terms and Conditions”) carefully, as these terms and conditions outline important information regarding the rights and duties of customers, as well as the limitations and exclusions that apply to all transactions and activities on this website. By registering for services and/or using services in any manner, or by selecting “Agree” to accept the Customer Privacy Policy and these Terms and Conditions, the customer acknowledges and fully agrees to these Terms and Conditions and the Customer Privacy Policy. The customer agrees to be bound by these Terms and Conditions, including any changes made by the service provider from time to time on the website without prior notice, which will be considered part of these Terms and Conditions. Furthermore, the customer agrees that electronic/internet transactions processed and completed via this website are fully enforceable and legally binding under relevant electronic transaction laws.

  • “Catalog” refers to a document or form, either paper-based or electronic, containing product details.
  • “Quotation” refers to a document or form, either paper-based or electronic, that specifies product details, pricing, and conditions.
  • “Company” refers to Swiss Thai Water Solution Co., Ltd.
  • “Supplier” refers to a manufacturer or supplier providing goods to the company or a supplier represented by the company.
  • “Contract” refers to any contract made for the purchase or sale of goods between the company and the customer.
  • “Customer” refers to any legal entity or individual who places an order with the company.
  • “Goods” refers to goods or services ordered by the customer.
  • “Services” refers to the delivery of goods or the provision of technical information to the customer.
  • “Document” includes all means of electronic communication.

2. Terms of Sale

  Refers to a purchase order received from the customer and accepted by the company, indicating that it complies with the agreed-upon terms of sale. This does not include any additional terms unless otherwise agreed upon or referenced by the customer during any negotiations. The company accepts purchase orders in the form of original documents, documents sent via fax, telephone orders, or email.

3. Pricing

  Refers to the price of the goods specified in the catalog or quotation, including any discounts (if applicable), and may be subject to change without prior notice. The company is not responsible for any errors or omissions in the catalog or quotation. If any errors are found, regardless of the reason, the customer must contact the company to request an official quotation in Thai Baht each time an order is placed. Prices may change due to adjustments from the company’s suppliers. The specified prices are applicable only within Thailand unless otherwise stated.

4. Payment

Refers to the payment terms specified as a number of days from the date indicated on the Tax Invoice. No deductions or claims of any kind are permitted. In the event that the customer fails to make payment within the specified time without a valid reason, the company reserves the right to:

4.1 Cancel the order or stop delivering the remaining goods.

4.2 Request payment as deemed appropriate by the company.

4.3 Charge interest at a rate of 1.25% per month for late payments.

5. Credit Line Opening

  Refers to the customer completing the credit line application form as specified by the company. The approval of the credit line and the payment credit period will be at the sole discretion of the company. In the event that the customer is not approved for a credit line for any reason, the customer may still purchase goods by making cash payments or transferring funds to the account specified by the company.

6. Purchase Order

   Refers to the agreement between the company and the customer, including any discounts (if applicable), as well as terms related to delivery time, payment terms, and other conditions. This may take the form of a customer’s purchase order, the company’s quotation signed by the customer in the purchase section, or an order placed via email. The purchase order will only be considered complete once the order confirmation has been received in writing, signed by an authorized company employee.

7. Delivery Terms

   The company will prepare the goods available in its warehouse and deliver them to the customer according to the specified schedule. The company reserves the right not to be held responsible for any delays in delivery due to any reason.

   In this regard, the company will make every effort to ensure that the delivery and/or fulfillment of the contract is completed as estimated. However, the company shall not be liable under any circumstances to compensate the customer for non-delivery, failure to fulfill the contract, or delays in delivery or contract fulfillment beyond the specified time, except as outlined in Clause 8. This is the case even if such occurrences result from negligence on the part of the company or its carriers. Delivery times and/or contract fulfillment are not considered essential. The goods will be delivered to the address provided by the customer, and the company may choose any available delivery method.

The company reserves the right to deliver or fulfill the contract in installments. Failure to meet the specified delivery date or contract fulfillment date will not prevent or limit the company from delivering or fulfilling the contract in installments under the relevant agreement. The maximum delivery period is 3 months from the date of the order.

8. Inspection, Defects, and Non-Delivery

The customer must inspect the goods after delivery or service within 7 days of receipt. If the customer receives a damaged package, they should take photos of the packaging to confirm the damage and notify the company immediately, within 3 days of receiving the goods. In cases of non-delivery or defective goods, the company will replace the goods within the agreed time frame or refund the value of the goods only. Since the company is not the developer of any software included with the goods, it is the customer’s responsibility to check for any computer viruses in the software before using the goods.

The quantity of goods delivered, as recorded by the company at the time of dispatch from the company’s premises, will be considered conclusive evidence of the quantity received by the customer unless the customer can provide clear evidence to the contrary. The company will not be liable for non-delivery or failure to fulfill the contract for services unless written notice is provided to the company within 7 days from the date the goods or services should have been delivered under normal circumstances.

The company’s liability for non-delivery, failure to fulfill the contract, or goods reported as defective at the time of delivery, or services reported as deficient after being provided, under Clause 7, will be limited to either providing replacement goods, re-performing the service within a reasonable time, or refunding the amount paid for the goods and services, as deemed appropriate by the company.

9. Details

Refers to the specific characteristics, drawings, product weight, width, capacity, or other details listed in the catalog or referenced on the website, which are general descriptions of the products and are not part of the contract. If the product details differ from the manufacturer’s specifications, the manufacturer’s details shall prevail.

The company will provide accurate product details, but these will not constitute contractual responsibility or any liability for the infringement of others’ rights, or under regulations, errors, or other exceptions (including legally accepted terms or regulations). If any issues arise due to the company’s negligence, the company will replace the product or act in accordance with the law.

10. Ownership

       10.1 The delivered goods remain the property of the company until full payment is received from the customer.

       10.2 In the event that the customer has not made full payment by the due date, the company reserves the right to reclaim the goods without prior notice.

11. Amendments and Contract Cancellation

   In the event that the customer requests changes to the contract terms or requests to cancel the contract, the company reserves the right to approve or deny such requests at its sole discretion. Any changes or cancellations will only take effect once the company has provided written consent.

   The company cannot alter the terms or cancel any orders for products that are not listed in the supplier’s catalog, products not in stock, products sourced from Newark, products involving computer hardware and software, products containing hazardous substances, and/or products used for consumption.

The company reserves the right to cancel an order if the customer has provided incorrect prices or referenced incorrect pricing for products and services in their order.

12. Product Returns

       12.1 In the event that the customer wishes to return a product, the company will respond to the customer’s request after reviewing the case. The contract cancellation will only be effective upon the company’s written approval, except in cases where the company made an error in shipment. The details are as follows:

       12.2 The customer must obtain the company’s approval before returning the product to the company.

       12.3 The customer must return the product, once approved for return, within 14 days of delivery. The customer is responsible for all return shipping costs.

       12.4 The company will charge a restocking/return fee of an additional 30% of the amount stated on the delivery invoice.

       12.5 Returned products must be in perfect condition, fully functional, with no damage to the packaging, and no writing or marks on the product or its packaging.

       12.6 If the customer returns the product without prior notification and approval from the company, the company reserves the right to send the product back to the customer and charge interest as stated in Clause 4 for customers who have not paid for the product as agreed.

13. Product Warranty

The company adheres to the same warranty conditions as those provided by the product’s manufacturer. Any damage to the product occurring within the warranty period, as per the manufacturer’s terms, or any special agreements, must fall within the correct usage guidelines and comply with the user manual. The details are as follows:

This warranty does not cover defects or damage caused by improper use, failure to follow recommendations, power surges, lightning strikes, floods, or when the customer modifies, alters, or repairs the product without written approval and consent from the company. It also excludes damage caused by failure to follow the instructions in the user manual properly and completely.

If the product issue results from defective materials, human labor errors during the manufacturing process, or design flaws, the product will either be repaired or replaced by the company, depending on the company’s discretion for each case.

In the event of any loss suffered by the customer due to the product’s damage, the company shall not be liable for any damages incurred. The company’s warranty covers only the product itself and does not include any related costs, including expenses for returning the product from other provinces or countries.

The warranty does not cover personal satisfaction with the product’s quality, its suitability for the customer’s intended purpose, satisfaction with the product’s features, or any representations made by images displayed in catalogs or other advertising media.

Products eligible for replacement or repair under warranty will continue the original warranty period from the initial purchase date, with no resetting of the warranty period.

The company reserves the right to refuse returns that do not comply with these terms and will return the non-compliant product to the customer, charging the customer for the return shipping costs.

14. Liability

The company shall not be liable for any damages, losses, expenses, claims, or costs arising from the failure to provide advice or information, or for providing incorrect advice or information, regardless of whether it results from negligence by the company, its employees, agents, or representatives.

The company does not waive or limit its liability in matters that may conflict with the law if the company attempts to do so. None of the provisions in these terms of sale exclude or limit the company’s liability for death or personal injury caused by negligence or fraudulent misrepresentation. Beyond the rights to repair, replacement, re-performance of services, or refund for any payments explicitly stated in these terms or as provided by law, the company shall not be liable to the customer (whether in contract, tort (including negligence), breach of duty, restitution, or otherwise) for direct damages, indirect damages, or consequential damages (including, but not limited to, actual economic loss, loss of profits, loss of business, loss of use, loss of data, downtime of computer equipment, loss of goodwill, business interruption, increased cost of purchasing or producing goods, loss of opportunity, loss of contract opportunities, or similar matters) arising from or related to:

  • All goods and services, including manufacturing, sale, performance, characteristics, or any failure or delay by the company, its employees, agents, or subcontractors in fulfilling the contract or providing goods and services.
  • Any breach of express or implied contract terms by the company.
  • Any statements made or not made by the company, or on behalf of the company, or any advice given or not given by the company or on its behalf (including statements about compliance with laws or regulations).

Except as provided in Clause 14, these terms set out the company’s entire liability to the customer regarding goods and services. They supersede and exclude all other warranties, conditions, and terms, whether implied by law, in writing, or by common law, except for any implied terms that cannot be excluded by law. Therefore, the company’s total liability, whether in contract, tort (including negligence and breach of duty), misrepresentation, or otherwise, is limited to repair, replacement, re-performance of the service, or, at the company’s discretion, refund of the price paid for the goods and services.

The company expressly excludes all other warranties, conditions, and terms (other than those provided in or under these terms) implied by law, written statute, or custom, to the extent permitted by law. If a product is capable of storing user-generated data and repairs may result in the loss of such data, the company expressly disclaims liability for any loss of data as far as the law allows. The company recommends that the customer back up any data before returning the product for repair.

Each of the company’s employees, agents, and representatives may rely on and enforce the exclusions and limitations of liability set forth in these terms on their behalf.

15. Product Sourcing Service for Customers

  The customer acknowledges that the company provides these services free of charge. In accordance with the general provisions of Clause 14, regarding the product sourcing service for customers, the company will make every effort to assist the customer in identifying and/or sourcing suitable products. However, the company shall not be liable if it is unable to complete the service within a reasonable time or in any case. Additionally, the company shall not be liable if it is unable to find products that meet the required specifications or suitability, or if it cannot provide the service in the expected manner or timeframe. It is the customer’s responsibility to determine whether the product is suitable for the intended use, and the company makes no guarantees or assurances in this regard.

16. Customer Information

Customer Information” refers to general customer data or customer feedback. The company will collect customer information to categorize and organize it in relation to the conditions or relationship between the company and the customer, which includes credit limits, payment terms, trade discounts, and others.

Handling of customer information may include:

16.1 Disclosure of customer information to third parties or company agents.

16.2 Disclosure of customer information to other affiliated companies that own other products and services, which may be interested in the customer’s information and feedback.

If the customer does not wish for their information to be used, please contact the company’s marketing department.

17. Intellectual Property Rights

Products and services listed in this catalog may be subject to intellectual property rights and industrial property rights, including patents, know-how, trademarks, copyrights, product design rights, utility models, databases, circuit boards, and/or other third-party rights. The customer is not granted any rights or licenses to use any such intellectual property, except for the right to use the products and services or resell the products in the ordinary course of their business. The company will not be liable under any circumstances for any claims of infringement of the aforementioned rights, regardless of the circumstances under which such claims arise.

Specifically, without limiting the previous paragraph, the company and/or its suppliers reserve ownership rights to any software that forms part of the products. The customer is responsible for being aware of the licensing terms or usage requirements of such software, including any fees for rights of use. Additionally, the software may be usable only with the aforementioned products. The company retains the copyright to this catalog, and no part of it may be reproduced, in whole or in part, without prior written consent from the company.

18. Promotions

In the event that the company sends promotional materials to the customer, which relate to the company’s current products or services, these terms and conditions shall apply to all products and services ordered as a result of such materials.

19. Export Control

  The customer is responsible for obtaining any required licenses at their own expense and must comply with the export regulations applicable in the supplier’s country, as well as the import and export regulations of the destination country where the goods will be shipped.

Some products are subject to export control regulations. The company reserves the right not to supply products and services to certain customers or countries and reserves the right to request full details from the customer regarding the end use and destination country.

20. Age Requirements for Certain Products

  In cases where the law sets a minimum age requirement for purchasing certain products, the customer confirms that they are above the required age and further confirms that the person receiving the delivered goods will also be above the required age.

21. Occasional Additional Special Services

The company occasionally offers additional special services, such as rewinding materials for selected electronic products under the terms of these conditions, cutting wires to specified lengths, special packaging, or preparing additional documentation as requested by the customer. Products or services eligible for these features will be subject to minimum order quantity or value requirements as specified or agreed upon for each instance. The company reserves the right to modify the list of products available for this service and to charge fees for these services at any time, except for orders that have already been accepted under these conditions at the time of the change.

22. Force Majeure

  The company shall not be liable to the customer in any manner, nor shall the company be deemed to be in breach of these terms, due to any delay in performing or inability to fulfill its obligations under these terms, if such delay or inability arises from any event beyond the company’s reasonable control (including but not limited to acts of government, war, fire, explosion, flood, import and export regulations, quarantine of cargo, labor disputes, or the inability to obtain goods or delays in obtaining goods or labor) (each referred to as a “Force Majeure Event”). In the event of a Force Majeure Event, the company may choose to either delay the performance of its obligations or cancel part or all of the contract.

23. Law

  All contracts shall be governed by the laws of Thailand. The courts of Thailand shall have jurisdiction over any disputes that may arise from or relate to these terms or any contracts. The agreement on jurisdiction in this Clause 23 is made for the benefit of the company only, and the company reserves the right to bring proceedings in any other courts of competent jurisdiction as well.

24. Right to Amend Terms of Sale and General Provisions

  The company reserves the right to amend the 22 terms of sale mentioned above without prior notice to the customer. In the event that any competent authority determines that any provision of these terms is incomplete, void, voidable, unenforceable, or unreasonable (whether in whole or in part), such provision shall be deemed severable from these terms, and the remaining provisions shall remain unaffected and continue to be in full force and effect.

The company’s inability to enforce or partially enforce any provision of these terms shall not be construed as a waiver of any of the company’s rights under these terms. Without requiring the customer’s consent or providing notice, the company reserves the right to transfer its benefits under these terms and/or any contracts to any company within its group at any time. For the purpose of this clause, “group” refers to the company, any entity that is the company’s parent company, subsidiaries, and any other entities that are subsidiaries of the company’s parent company.

These terms replace all previous terms and conditions that were applicable to the sale of goods and services by the company to the customer.