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 �� 01-0425-44.  The head office is located at 41/10-11 Bangna-Trad KM.16.5 Road, Bangchalong, Bangplee, Samutprakarn 10540

Tax ID Number is 30 304 24808

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�) for the customer 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.    The company will sell products according to the purchase order from the contracted buyer and the Company will not accept orders from other companies who operate stationery supply business or any other wholesalers or retailers.

1.5.    Should the Company be aware or be suspicious that the buyer is the wholesaler or retailer of the office stationery supply, the Company will not sell products to that buyer and the Company is eligible to cancel the contract made with that buyer.  The company reserves the right to withhold the sale of products from that buyer under the Company�s 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 sakes 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 every week excluding bank holidays, government 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 company will classify the type of products available for sale, which can be divided into the following categories

                             I.      Stocked Products (Stationery) are the stationery products that the Company stocks in our inventory in order to be delivered to the buyer

                           II.      Stocked Products (Furniture) are the furniture products that the Company stocks in our inventory in order to be  directly delivered to the buyer

                         III.      Non-stocked Products: 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 �X� for the non-stocked products, which the Company does not stock in our inventory.  The Company is able to cancel the purchase order of the stationery products at anytime before the delivery.  Furthermore, the Company is able to cancel the purchase order of all other types of products unless there is a written clause specified in the terms and conditions.

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, the Company has the right to Dun 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.  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 will deliver the products as follows:

4.1.1.1.  The company will deliver stocked stationery products to buyer in every location in Bangkok Metropolitan Region before 18:00 on the next working day after receiving the purchase order.

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.    On the date of purchase order�s reception, the purchase order is valid only when the Company has the hard copy of purchase order form.  In case of ordering through the web site, the purchase order is valid when the Company receives the order during the Company�s working hours. If the online order is made during the non-working hours, that order is invalid.

5.      Risk and Property

5.1.   The risk of damage or loss to the product is under buyer�s liability after the product has been delivered the buyer.

5.2.   Although the product has been delivered to the buyer and the buyer has held liability to the risk of product, the ownership 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 reclaim the product at anytime as long as the ownership has not yet been transferred to the buyer and the buyer must allow the Company�s representative to access the buyer�s premise in order to check or to reclaim the products back.

5.4.   The buyer has the right to use the product until the buyer receives the ownership 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 be under no liability in respect of any defect arising from the delay or stop in business process caused by the uncontrolled reasons as follows.

                             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.

41/10-11 Bang-Trad KM. 16.5

Bangchalong, Bangplee

Samutprakarn 10540

*Excluded all types of ink jet cartridge and laser jet cartridge