Clause 1. GENERAL
For all Beijer B.Grimm’s quotation and orders, the following terms and conditions will apply unless otherwise agreed in writing. The acceptance of Beijer B.Grimm’s quotation includes the acceptance of these conditions by the Purchaser.
Clause 2. VALIDITY
Unless previously withdrawn, Beijer B.Grimm’s quotation is open for acceptance within 7 days from the date thereof or such period which Beijer B.Grimm  may otherwise specify.
Clause 3. ACCEPTANCE
The acceptance of Beijer B.Grimm’s quotation must be accompanied by sufficient information to enable Beijer B.Grimm to proceed with the work, otherwise Beijer B.Grimm is at liberty to amend Beijer B.Grimm’s prices and other terms to cover any increase in cost or other change in circumstances.
Clause 4. LIMITS OF CONTRACT
Beijer B.Grimm’s quotation includes only such goods, accessories and work as are specified therein. Installation is not included unless specifically agreed in writing.
Clause 5. DESPATCH
Any period of time quoted for despatch dates from receipt by Beijer B.Grimm of a written and complete order to proceed (including forwarding instructions) and of all necessary information and drawings to enable Beijer B.Grimm to start the work. All such times are to be treated as estimates only without any contractual obligation unless Beijer B.Grimm has specifically stated in writing that such times are definite.
Clause 6. DELIVERY
For goods delivered in Thailand, the price quoted includes delivery by any method of transport at Beijer B.Grimm’s option unless otherwise specified.
If the Purchaser fails to take delivery for reasons other than those specified in Clause 1, any resulting expenses such as demurrage, storage, double handling, insurance during storage, etc., will be charged to the Purchaser. Without prejudice to the foregoing, Beijer B.Grimm may at any time after delivery gives the Purchaser notice requiring him to accept delivery within a reasonable time. If the Purchaser for any reason fails to accept delivery within such time, Beijer B.Grimm shall be entitled to terminate the Contract by written notice with respect to the part of the goods that remains undelivered for reason of Purchaser’s default and to recover any loss Beijer B.Grimm has suffered up to a maximum of the price that is attributable to goods that remains undelivered.
Clause 7. EXTRA COSTS
Duties or taxes on supply of goods, wherever imposed, are included in the price, such inclusion is always based upon the tariffs in force on the date of the quotation. Should any difference in the amount of tariff, duty or tax payable arise between the date of the quotation and the date when such tariff, duty or tax falls due to be paid, Beijer B.Grimm reserves the right to adjust all prices concerned by a sum corresponding to the amount of such difference arising payable.
Clause 8. FORCE MAJEURE
Beijer B.Grimm shall in no case to accept any liability whatsoever if the fulfillment of Beijer B.Grimm’s obligations is prevented, as a consequence of any force majeure event such as fire, civil disturbance, Act of God, or other circumstances beyond Beijer B.Grimm’s control. If by reason of any of the before-mentioned circumstances, the performance of the contract within reasonable time becomes impossible, either party shall be entitled to extend the time with the same period that event occurs or terminate the contract by written notice.
Clause 9.  LIQUIDATED DAMAGE
Unless otherwise agreed in writing, the penalty of late delivery shall be 0.5 % of undelivered portion per week. The maximum liability of penalty shall not exceed 5% of the contract price.
Clause 10. WARRANTY GUARANTEE
All products for Beijer B.Grimm’s supply is guaranteed to be of good material and of good workmanship.
For all products for Beijer B.Grimm’s supply (except parts, compressor, unit cooler and other items which specified in the quotation), Beijer B.Grimm undertakes to correct and make good any defect which may develop under normal and proper use within the guarantee period and which are due solely to faulty design, material or workmanship, provided always that Beijer B.Grimm is notified immediately when a defect is discovered
Unless otherwise stated in the quotation or order confirmation, the guarantee period for all products for Beijer B.Grimm’s supply (except parts, compressor, unit cooler and other items which specified in the quotation) is twelve months. The guarantee period starts from the date delivery is made or if delivery cannot be made on account of delays caused by circumstances beyond Beijer B.Grimm’s control, from the date the goods are ready for despatch at Beijer B.Grimm’s Works. All liability on Beijer B.Grimm’s part ceases at termination of the guarantee period.
Clause 11.  INDIRECT OR CONSEQUENTIAL DAMAGE
Beijer B.Grimm’s liability does in no case extend to any special indirect or consequential damages or losses such as but not limited to loss of revenue, loss of use, loss of power, loss of production, costs of capital, cost of replacement power, or costs of connected with interruption of operation. If any third party submits any claim for payment of direct and/or indirect damages and/or consequential damages arising out of or in connection with Beijer B.Grimm’s performance of this contract, Purchaser hereby fully indemnifies Beijer B.Grimm against any and all liability, damages, costs (including but not limited to actual legal costs and attorney’s fees) or penalties imposed on Beijer B.Grimm whatsoever unless and only to the extent that such damages and costs are caused directly by the proven willful misconduct or gross negligence of Beijer B.Grimm.
Clause 12.  TERMS OF PAYMENT
Prices are strictly net and payment in full shall be due on notification by Beijer B.Grimm that the goods are ready for despatch.
Ownership title to the goods shall pass to the Purchaser only upon Beijer B.Grimm’s receipt of payment in full.
If Beijer B.Grimm is not able to despatch the goods due to the Purchaser’s fault, payment of the contract value of the goods shall be due upon presentation of invoices and notifications from Beijer B.Grimm that the goods are ready for despatch.
Clause 13.  AGGREGATE LIABILITY
Total Beijer B.Grimm aggregate liability shall not exceed the contract price.
Clause 14. EXPORT CONTROL REGULATION
Buyer agrees that all applicable import and export control laws, regulations, orders, and requirements, including without limitation those of the United State, UK and the European Union and the jurisdictions in which the Seller and Buyer are established or from which Goods and Services may be supplied, will apply to their receipt and use. Buyer shall not sell, transfer or otherwise dispose of any Goods or related software, know-how, technical data, documentation or any other products or materials (Items) furnished to it pursuant to this Agreement to any party or in any manner which would constitute a violation of applicable laws, regulations, orders or requirements, including U.S. Export Control Laws (now or hereafter in effect). The U.S. Export Control Laws prohibit, without limitation, exports, transfer, transshipments or re-exports of Items to: (a) such countries or regions that are subject to U.S. sanctions, UK and EU sanction or embargos programs or (b) such entities or individuals that appear on certain U.S. government lists (now or hereafter in effect), including, but not limited to: (1) Specially Designated Nationals List (2) Denied Persons List; (3) Unverified List; (4) Debarred List or (5) Entity List. available at:
1. EU: https://www.sanctionsmap.eu
2. UK: https://sanctionssearchapp.ofsi.hmtreasury.gov.uk
3. US: https://www.trade.gov/data-visualization/csl-search (or, if the former is unavailable, use: https://sanctionssearch.ofac.treas.gov)
Clause 15. INTERPRETATION
Any order or contract shall be governed by the laws of the Kingdom of Thailand.