1.Defined Terms
1.1 Markpak Limited
1.2 The following conditions apply to the sales contract (which means services are included) by Markpak Limited (hereinafter referred to as "the Company") to the buyer conducting business with the Company, and the Company is not legally responsible for any actions not in accordance with these terms and agreements.
1.3 The Company reserves the right to add, change, amend, or cancel the agreements and conditions herein, including service warranties of the Company, without prior notice.
1.4 The Company will sell products according to the purchase orders from buyers that the Company agrees to engage in business with.
1.5 If the Company is informed or suspects that the buyer is a product dealer or operates a business related to office equipment, the Company will not sell products to the buyer and can cancel any business agreements made with the buyer. This is at the sole discretion of the Company.
1.6 Purchase orders accepted and rejected by the Company are considered offers made by the buyer to purchase products under all these conditions, and the Company will sell products as much as it can supply. The Company reserves the right to set minimum order quantities for any purchase before accepting the order.
1.7 Although the Company makes efforts to verify the accuracy of information in catalogs, websites, and other publications, it does not imply that the catalogs, websites, and publications are part of any sales contract. Due to technical reasons, the colors seen in catalogs, websites, or publications are only for presentation purposes.
1.8 Errors due to omissions, missing or typographical errors in sales documents, quotations, price notifications, order confirmations, invoices, or any other documents or information issued by the Company will be corrected without being deemed the Company's responsibility.
1.9 Business days in this agreement refer to Monday to Friday of every week, excluding bank holidays, public holidays in Thailand, or the Company's holidays, which the Company will notify the buyer in advance.
2.1 The Company reserves the right to change product details to comply with laws or safety regulations. Changes in product details will not affect the quality and usability of the products. In product delivery, although the Company tries to deliver the products as ordered, it reserves the right to deliver products with equivalent details and characteristics without prior notice to the buyer, suitable for packaging and standard delivery of the Company and suppliers. If the product is temporarily unavailable, the Company will replace it with a quality-equivalent product or expedite delivery as soon as the product arrives.
2.2 The Company decides the classification of the products it sells, which can be divided as follows: (i) Inventory products such as industrial adhesive tapes and labels, including adhesive product tapes stored in the warehouse for delivery to buyers. (ii) Inventory products such as barcode printers, scanners, and machinery stored in the warehouse for direct delivery to buyers. (iii) Products not stored in the warehouse are the right of the Company to classify products and facilitate buyers, the Company has designated symbols for product types not stored in the warehouse.
2.3 Non-returnable product types: The Company has the discretion to accept returns, or products that appear to be damaged or defective upon delivery.
2.4 The Company can cancel stationery product orders at any time before delivery. However, the Company can cancel orders for other product types only if specified in writing in the Company's contract.
3.1 The Company's policy is to offer the best price to the buyer if possible, and the price stated in the Company's sales document is considered the adjusted sale price as the Company can reasonably make. Due to the ever-changing market conditions, the Company reserves the right to adjust prices without prior notice to the buyer except for prices specified in writing. Furthermore, product prices are the prices in use on the delivery date, and if possible, the Company will notify of price changes before making actual price changes.
3.2 The price offered by the Company does not include VAT, which is the rate on the completed delivery date.
3.3 The buyer must pay for the products according to the agreed conditions from the date on the Company's invoice, even if the property has not yet been transferred to the buyer. The payment term is considered an essential part of the contract.
3.4 The Company reserves the right to authorize, refuse, revoke, limit, change, or cancel credit payment terms at its discretion. Additionally, the Company reserves the right to refuse or cancel product orders if the buyer does not pay within the agreed payment term.
3.5 If the buyer cannot make payment within the specified period, and if it does not violate the Company's rights, the Company has the right to charge the buyer as follows: (i) Interest at 15% per annum on overdue payments until the buyer makes the full payment, and for interest calculation purposes, a fraction of a month is considered as a full month, both before and after the court's judgment.
4.1 For registered customers with an account at Markpak Limited, Customer Relations Department: 4.1.1 If there are no traffic or adverse weather conditions and not contrary to the agreement and conditions herein, the Company will deliver the products as follows: 4.1.1.1 The Company will deliver stationery products available in the warehouse to the buyer (in the areas specified by the Company*) by 17:00 on the next business day after receiving the order. The Company and the buyer have the right to agree on a different delivery date by mutual consent. 4.1.1.2 In the case of products ordered that are available in the warehouse, whether due to the manufacturer or any other cause, the Company will notify the approximate delivery schedule to the buyer. However, the Company cannot be responsible for any delivery delays due to the aforementioned reasons. The delivery schedule will not be considered an essential part of the agreement except for cases previously contracted in writing. 4.1.1.3 If the Company cannot deliver products for any reason beyond the Company's control or due to buyer's or manufacturer's errors, the Company will not be responsible in any way. 4.2 The Company reserves the right to charge separate delivery fees for special delivery requests agreed upon by the Company and to deliver according to the agreed time. 4.3 Order Placement: Buyers can place orders via phone, fax, email, and the Company's website during the Company's business hours before 17:00. If the Company receives an order after 17:00, it is considered received on the next day instead.
5.1 The risk of damage or loss to the goods becomes the buyer's responsibility once the goods have been delivered to the buyer. 5.2 Even though the goods have been delivered to the buyer along with the risk to the goods as well as all these conditions, the property in the goods shall not be deemed to be the buyer's until the Company has received full payment for the goods and according to the agreed payment schedule from the buyer as agreed with the Company. 5.3 The Company has the right to reclaim the goods at any time as long as the property in the goods has not been transferred to the buyer, and the buyer must allow the Company, its employees, officers, and representatives to enter the premises where the goods are stored for inspection or to reclaim the goods if the property has not been transferred to the buyer. 5.4 The buyer has the right to use the goods in business until the property in the goods is transferred.
6.1 The Company will replace goods if found to be damaged during transportation at no cost and if there is a mistake in delivering goods or notifying the cost of goods which is the Company's error, the Company will pick up the returned goods or refund without any charges. If the buyer has received the goods from the Company properly but is not satisfied with the product, the buyer can return the product to the Company within 30 days** from the day the Company delivered the goods, but the product and packaging must be in perfect condition. The Company reserves the right to be the final judge and decision-maker in accepting returned goods. Once the Company decides to accept returned goods from the buyer, the Company's transportation department will accept the returned goods from the buyer without any charges. Then, the Company will cancel the invoice. 6.2 The Company will not be liable to the buyer for any legal lawsuits, nor will the Company be deemed to have breached the contract, whether due to delays in operations or the inability to perform any actions because of the Company's obligations related to the goods. If the delay or failure is due to reasons beyond the Company's control with reasonable cause, the following are considered reasons beyond the Company's control with reasonable cause, without prejudice to the general conditions and agreements stated: (i) Acts of God, traffic congestion, bad weather, explosions, floods, severe storms, fires, or accidents. (ii) War, terrorism, riots, insurrection, civil unrest, requisition of property by the state. (iii) Acts, prohibitions, regulations, by-laws, embargoes, or measures of the state, parliament, or local authorities. (iv) Import or export bans, restrictions on shipping goods abroad. (v) Strikes, work stoppages, or industrial actions or trade disputes (whether involving the Company's employees or third-party employees). (vi) Obstacles in obtaining raw materials, labor, energy, components, or machinery. (vii) Energy shortages, vehicle breakdowns, machinery or computer system failures. (viii) Regulations on stopping, slowing down, and parking vehicles or regulations affecting the Company's ability to deliver goods reasonably.
7.1 This contract is subject to Thai law.
Company Address: Markpak Limited Registration number 0105555409853, Office located at 568/4 Soi Ladprao 112 (Eiamsomboon), Ladprao Road, Plubpla, Wang Thonglang, Bangkok 10310.
*Areas specified by the Company: Nationwide
