Terms of Service.

1. TIG’s Conditions Apply

Where the Customer (as defined below) is a Thai Industrial Gases Public Company Limited (TIG) account holder trading on TIG’s General Conditions of Sale (the ‘General Conditions’ as amended from time to time), the General Conditions and these Catalogue Conditions of Sale (the Catalogue Conditions) constitute the whole and only agreement between the parties relating to the supply of goods and/or services by TIG to the purchaser of such goods and/or services (the Customer). Where the terms of these Catalogue Conditions conflict with the General Conditions, the Catalogue Conditions shall apply in relation to the supply of goods and/or services ordered as a result of using this catalogue.

Where the Customer is not a TIG account holder, the Catalogue Conditions shall constitute the whole and only agreement between the parties relating to the supply of goods by TIG to the Customer.

No terms or conditions endorsed upon, delivered with or contained in the Customer’s acceptance or acknowledgement of these Catalogue Conditions, the General Conditions, purchase order(s), specifications or similar documents will amend or vary the provisions of these Conditions and the Customer waives any right which it might otherwise have to rely on such terms and conditions.

2. Payment Terms

2.1 For Customers with accounts with TIG, the payment terms set out in the General Conditions shall apply.

2.2 For Customers who do not have accounts with TIG, full payment must be received by TIG at the time of confirmation order.

2.3 TIG should be notified immediately of any error on an invoice.

2.4 If any payment is overdue, payment shall become immediately due for all goods supplied under any contract with the Customer.

2.5 TIG may charge interest on any amount overdue at the rate of 2% per month compounding monthly or where applicable and if required by TIG. Such interest shall be payable on demand. Furthermore TIG reserves the right to claim compensation for debt recovery costs as set out in the same legislation where we are not paid according to agreed credit terms.

2.6 All prices and charges are expressed exclusive of VAT which shall be charged and paid as applicable.

2.7 If at any time TIG’s costs change due to government action or to a change in the law,

TIG reserves the right to adjust prices to take account of such change in its costs.

3. Retention of Title

3.1 Although risk in the goods supplied passes to the Customer on delivery, legal title in such goods shall not pass to the Customer until TIG has received in cleared funds the full price payable for such goods and all other goods supplied by TIG to the Customer for which payment is due. Until legal title passes, the Customer shall hold the goods as TIG’s fiduciary agent and bailee and shall keep them properly stored, protected, insured and identified as TIG’s property. Until that time the Customer is entitled to resell or use the goods in the ordinary course of its business but shall account to TIG for their proceeds of sale and, pending payment, shall hold the proceeds on trust for TIG absolutely.

3.2 The Customer’s right to resell or use the goods shall terminate automatically if the liquidator or (administrative) receiver or administrator of the Customer is appointed or an order is made or a resolution passed for the winding up of the Customer. Until such time as legal title in the goods passes to the Customer TIG may, at any time, require the Customer, its liquidator, (administrative) receiver or administrator to return the goods and/or may repossess the goods by entering upon any premises of the Customer or any third party where the goods are reasonably believed to be stored.

3.3 In addition and without prejudice to any other right or remedy available to TIG, if the Customer is in breach of the payment terms or of any of its obligations under this clause, TIG may, at its option, be entitled to cancel the contract, suspend further deliveries, terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action.

4. Transaction

4.1 For customers who located in Bangkok and boundary, Chonburi, Rayong which have more than 1,200 Baht per transaction, we agree to send the product with free delivery charge

4.2 For customers who have a large quantity, please contact 1384 for special price and condition.

4.3 For customers who order after 04.00PM or on holiday, we will handle your transaction on the next working day.

4.4 TIG reserved right to proceed any transaction under 1,200 Baht including changing price and detail on quotation properly.

4.5 For new customers, TIG reserved rights to deliver products when customers submit necessary document to TIG only.

5. Delivery

5.1 TIG reserves the right to charge for delivery of goods.

5.2 If full delivery cannot be made to the agreed delivery point due to the Customer’s act or omission, such goods shall be deemed to have been delivered and TIG may charge for abortive journeys or part deliveries and for storage of goods until delivered.

5.3 Any time or date for delivery stated by TIG is an estimate only and TIG shall not be liable for the consequences of any delay. Furthermore, any failure by TIG to deliver or perform by any time specified shall not entitle the Customer to terminate.

5.4 Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay, or interruption of work in the establishment of either TIG or the Customer during the delivery period as a result of strikes, lockouts, trade disputes, breakdown, accident or any cause whatsoever beyond the control of TIG or the Customer respectively.

5.5 No claim for damage in transit, shortage in goods delivered against what was ordered, or loss of goods will be accepted unless: (i) in the case of damage in transit or shortage in goods delivered, a separate notice in writing is sent to the carrier concerned, and to TIG, within 14 days of the date of delivery of goods; and (ii) in the case of non-delivery of goods, this must be advised to TIG in writing within 14 days of invoice date. The Customer will be liable for payment for goods if the above two conditions are not observed.

6. Liability

6.1 TIG shall have no liability (whether in contract, tort, misrepresentation or otherwise) for any other loss or damage including (without limitation) loss of or damage to revenue, profits, savings, use, contracts, goodwill or business and any consequential or indirect loss or damage. Nothing

in these shall however be deemed to limit or exclude TIG’s liability for fraud or fraudulent misrepresentation.

6.2 TIG accepts liability, to the extent that it results from breach of contract or TIG’s negligence in connection with its performance of its obligations under these Catalogue Conditions, for losses, costs, expenses arising from delay or failure by TIG in delivery of any goods up to a limit of an amount equal to TIG’s price for the goods that TIG has failed to deliver.

6.3 If TIG’s performance of any contract obligation by its normal means is prevented or delayed due to any cause beyond TIG’s reasonable control, that contract obligation shall be suspended during the period TIG is affected by such cause.

6.4 No warranty is given as to the fitness of goods for any particular purpose and all warranties and conditions which arise from statute and relate to the supply of goods are excluded.

6.5 Where the Customer deals as a consumer (as described above), the Customer’s statutory rights are unaffected by these Catalogue Conditions.

5.6 Technical advice supplied to the Customer by TIG shall be prepared

in good faith, in the context of the law in force as at the date of its preparation and on the basis of the matters and information disclosed by the Customer to TIG.  TIG accepts no responsibility for subsequent changes in law which may affect the conclusions of and/or recommendations in technical advice or for any loss or damage incurred or suffered by the Customer arising out of a failure by the Customer to disclose facts or circumstances necessary for the preparation of technical advice

7. Warranty

7.1 TIG undertakes to repair or, at its option, replace goods sold by TIG of its own manufacture or parts thereof which fail (fair wear and tear excepted) as a result of a defect in TIG’s materials or workmanship, arising within 12 months of the sale of the goods to the Customer, as appropriate and occurring under normal conditions and subject to proper storage, use and maintenance, provided that:

(i) the Customer notifies TIG promptly in writing with details of any alleged defects or malfunction;

(ii) the Customer gives TIG the opportunity to inspect the goods and, if TIG so requests, the goods are returned promptly carriage paid by the customer (and details of carriage notified in writing to TIG in advance); and

(iii) the goods have not been repaired, tampered with, modified or altered by anyone other than TIG or its agents.

7.2 In the case of goods sold by TIG not of TIG manufacture, the Customer shall be entitled (subject to compliance with Condition 7(a) above) only to the benefit of any guarantee TIG may have from the supplier or manufacturer provided that subsequent purchasers are entitled to the benefit of that guarantee.

7.3 If goods sold by TIG are found to be defective, TIG undertakes to refund the Customer’s reasonable expenses incurred in returning the equipment to TIG or to TIG’s order.

6.4 TIG may at its option elect to refund or forgo the contract price and take back the goods sold in full satisfaction of any liability or obligation.

8. Availability

All information in this catalogue is subject to change without prior notice. Products subject to availability. Not all services available at all stores. Products may vary from photographs shown in this catalogue.

9. Product Information

Whilst TIG has made every effort to ensure that details and information given in both our printed and online publications are accurate at the time of issue, full technical specifications are not necessarily included. Furthermore, TIG’s policy is one of continuous improvement and the right is reserved to alter details and information as the need arises.

Accordingly the Customer should check any details and information they wish to rely on with TIG at the time of purchase. TIG cannot accept liability in respect of any errors or omissions herein contained or for any loss or damage malfunction or consequential loss arising from reliance upon our publications.

The Customer will be responsible for any risk to health or safety from goods in the Customer’s possession and/or control. The Customer’s attention is drawn to the fact that statutory regulations and recognized codes of practice exist covering the use and handling of some goods (including welding equipment, welding consumables and safety products).  The Customer must ensure that persons who use the goods receive adequate training and safety literature.

10. Color Reproduction

The color reproductions of the garments featured in both our printed or online publications are as accurate as the printing or electronic process will allow.

11. Recording Telephone Calls

To ensure that we carry out the Customer’s instructions accurately and to help us continually improve our service, all telephone calls between the Customer and TIG may be recorded and monitored.

12. All Rights Reserved

No part of any TIG publication may be reproduced or transmitted in any way or by any means including photocopying and recording, without the written permission of TIG, application for which should be addressed to TIG. Such written permission must be obtained before any part of this publication is stored in a retrieval system of any nature. We reserve the right to amend these Catalogue Conditions, which are subject to confirmation at the time of ordering.

TIG Discretionary Return Policy

In all cases TIG must inspect the product:

Customers must contact TIG, where a return form with delivery instructions will be sent to the customer, the product must be sent to TIG (carriage paid – by the customer) complete with the return form.