Terms and Conditions for BREMICON.COM
Introduction for WEBSITE

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, BREMICON.Co.ltd. accessible at BREMICON.com
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Minors or people below 18 years old are not allowed to use this Website.
Intellectual Property Rights
Other than the content you own, under these Terms, Company Name and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
Restrictions
You are specifically restricted from all of the following:
•    publishing any Website material in any other media;
•    selling, sublicensing and/or otherwise commercializing any Website material;
•    publicly performing and/or showing any Website material;
•    using this Website in any way that is or may be damaging to this Website;
•    using this Website in any way that impacts user access to this Website;
•    using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
•    engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
•    using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and Company Name may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Company Name a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party's rights. Company Name reserves the right to remove any of Your Content from this Website at any time without notice.
No warranties
This Website is provided “as is,” with all faults, and Company Name express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
In no event shall Bremicon, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Company Name, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification
You hereby indemnify to the fullest extent Bremicon Co.ltd. from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Bremicon  is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Assignment
Bremicon Co.ltd. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms constitute the entire agreement between Bremicon and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Country, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Country for the resolution of any disputes.

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Terms &Conditions

 

For Bremicon Co.ltd. machines, services and all other tasks

 

  1. Payment terms:

 

For international trades a 100% prepayment is necessary. In specific cases the payments methods are mentioned in the purchase/selling contract. Domestic businesses within Thailand may vary in payment methods, specifically written in Quotation, Invoice and sales contract or at least in one of them or all of them.

 

  1. Delivery times and terms

After confirmation and payment (as stipulated in Invoice, quotation and /or contract) the delivery times may vary depending on kind of machineries. Usually delivery times are not over 120 days from first payment, overseas devices maybe up to six months or more due to longer manufacturing and long shipments. Exceptions shall be stipulated in sales contract and/or Invoice.

 

  1. Service and guarantee

Service is usually stipulated in Invoice/Quotation/Sales contract and is usually consisting of pre-consulting, during and after sales services.

As stipulated in contract is project planning, engineering; special design requirement is a matter of negotiation and will be written accordingly in invoice, quotation and sales contract, and might not be included in the sales price.

All parts and machines of the delivered goods remain in property of Bremicon, until last payment is done 100% and a handover protocol is signed by both parties, buyer and seller inclusive 1 witness each for buyer and seller.

Bremicon guarantees the functionality of all parts of the delivered goods and is responsible for non-man-made errors and malfunctions, until those are fixed.

 

Regular maintenance periodically shall be stipulated in the sales contract. Bremicon guarantees free maintenance as stipulated in the contract, the dates however may be flexible, not exceeding 3 months after/before negotiated date.

Warranty is also detained in the contract.

 For 2nd hand machines a warranty of any kind must be excluded, Bremicon however is responsible for the first functionality of the goods. Possible repairs have to be made and paid by Bremicon, until goods work perfectly.

Bremicon is also responsible for the irreproachable delivery of the goods to the buyer’s location. For damages whatsoever done by local installation teams, which are not under the responsibility of Bremicon, the responsibility is on the buyer’s side. The damage has to be repaired by the buyer; the seller can help as consultant. All costs therefore are the responsibility of the buyer. Until the damage is not fixed, all other works stipulated by the contract from Bremicon, must be set aside, until a normal work can be continued with the negotiated tasks.

Damages done by Bremicon must be fixed and paid by them, until normal work can be continued. This must happen in a reasonable time, not exceeding 2 weeks, depending on significance of the damage. It shall be negotiated accordingly.

Any financial shortfalls due to the factor of a work delay can not be taken into responsibility of Bremicon and fall into the responsibility of the buyer.

 

The transport and the costs are a matter of negotiation and must be stipulated in the Invoice, Quotation and sales contract or at least one of them.

 

For turn-key systems, the import tax has to be the responsibility of Bremicon, if not stipulated otherwise in the sales contract and /or Invoice.

 

Depending on training, overhanding and similar matters, which have to be stipulated in sales contract, Bremicon is responsible to make sure that all parts of the delivered goods work well, then hand over to the buyer, as soon as the last payment was done.

Adequate free consultancy and after sales service from Bremicon is natural and can be stipulated in the sales contract. The period of a personal visit depends on the distance between buyer and seller and shall be stipulated in the contract. Other services can be done online accordingly.

 

Transportation of the goods can be arranged by car, plane, shipping container, train or bus. The responsibility of the transport is stipulated in Invoice and sales contract.

 

  1. Work/Installation/others

During the installation the buyer is responsible for the well being of the installation team.

A translator, if necessary, must be provided by the buyer to maintain good communications.

Depending on other agreements, the installation team must be accommodated in a medium class hotel not below 3 stars with hot shower, breakfast and single room for each worker in an adequate and safe area. The transportation from and to the hotel is the responsibility of the buyer. The buyer shall also help the installation team with access to lunch and other important locations nearby.

An international safety regulation on the construction site is normal.

All installation team workers have health insurance/accident insurance. If an accident occurs, the buyer has the responsibility to help with easy hospital/emergency access nearby and in more serious cases to help with the transport back to the home country of the worker. If the accident occurred because of negligence or grossly negligence on the construction site, which is the responsibility of the buyer, all costs referring to the emergency/accident have to be carried by the buyer.

A normal working day of the installation team consists of eight, max 10 hours per day, inclusive Saturday. One day per week must be a free day, usually Sunday, but flexible depending on demand. Over time costs and extras are the responsibility of Bremicon.

If no installation team is sent by Bremicon (“Installation by supervision”), which must be stipulated in Invoice and sales contract, the above regulations are also valid for the supervisor.

The buyer is responsible to supervise his local team to follow the Bremicon supervisor in all of his orders, without any exception. If the local team does not follow the exact orders from Bremicon, all warranty given or stipulated in the contract are null and void. The functionality of the goods does not fall under the responsibility of Bremicon anymore, even though the supervisor continues to work on the project. The supervisor from Bremicon must notice the buyer accordingly and verbally, if this matter happens.

 

The buyer is also responsible for the Visa costs of the installation team from Bremicon, if not stipulated differently in the sales contract.

 

 

 

5.Secrecy

       

 The buyer and the seller pledge themselves to keep strict secrecy referring of                         knowledge about the other party’s documents, secrets, financial backgrounds or any other issue which comes to their knowledge or which they might think comes to their knowledge.

This also consists of secrecy of the technical conditions of the delivered goods.

 

 

 

 

 

Bangkok, April 2019

Privacy Policy

We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

Sales & Goods

  1. DEFINITIONSIn these Terms and Conditions of Sale, "Seller" means Bremicon Co.ltd. "Buyer" means the person, firm, company or corporation by whom the order is given.

  2. THE CONTRACT:2.1 All orders must be in writing and are accepted subject to these Terms and Conditions of Sale. No terms or conditions put forward by Buyer and no representations, warranties, guarantees or other statements not contained in Seller's quotation or Acknowledgement of Order nor otherwise expressly agreed in writing by Seller shall be binding on Seller.2.2 The Contract shall become effective only upon the date of acceptance of Buyer's order on Seller's Acknowledgement of Order form or upon the date of fulfilment of all conditions precedent stipulated in the Contract, whichever is the later (the "Effective Date "). If the details of the Goods described in Seller's quotation differ from those set out in the Acknowledgement of Order Form the latter shall apply.2.3 No alteration or variation to the Contract shall apply unless agreed in writing by both parties. However, Seller reserves the right to effect minor modifications and/or improvements to the Goods before delivery provided that the performance of the Goods is not adversely affected and that neither the Contract Price nor the delivery date is affected.

  3. VALIDITY OF QUOTATION AND PRICES:3.1 Unless previously withdrawn, Seller's quotation is open for acceptance within the period stated therein or, when no period is so stated, within thirty days after its date.3.2 Prices are firm for delivery within the period stated in Seller's quotation and are exclusive of (a) Value Added Tax and (b) any similar and other t axes, duties, levies or other like charges arising outside Thailand in connection with the performance of the Contract.3.3 Prices (a) are for Goods delivered EXW (Ex works) Seller’s shipping point, exclusive of freight, insurance and handling unless otherwise stated in the Seller's order confirmation.

  4. PAYMENT:4.1 Payment shall be made: (a) in full without set-off, counterclaim or withholding of any kind (save where and to the extent that this cannot by law be excluded); and (b) in the currency of Seller's order confirmation within thirty days of date of invoice unless otherwise specified by Seller’s Finance Department. Or stipulated in the contract/invoice or quotation. Goods will be invoiced at any time after their readiness for dispatch has been notified to Buyer. Without prejudice to Seller's other rights, Seller reserves the right to: (i)charge interest on any overdue sums at 4% above the base lending rate of SCB Bank, Bangkok (or such higher rate stipulated by applicable law) during the period of delay; (ii) suspend performance of the Contract (including withholding shipment) in the event that Buyer fails or in Seller’s reasonable opinion it appears that Buyer is likely to fail to make payment when due under the Contract or any other contract; and (iii) at any time require such reasonable security for payment as Seller may deem reasonable.

  5. DELIVERY PERIOD:5.1 Unless otherwise stated in Seller's order confirmation, all periods stated for delivery or completion run from the Effective Date and are to be treated as estimates only not involving any contractual obligations.5.2 If Seller is delayed in or prevented from performing any of its obligations under the Contract due to the acts or omissions of Buyer or its agents (including but not limited to failure to provide specifications and/or fully dimensioned working drawings and/or such other information as Seller reasonably requires to proceed expeditiously with its obligations under the Contract), the delivery/completion period and the Contract Price shall both be adjusted accordingly.5.3 If delivery is delayed due to any act or omission of Buyer, or if having been notified that the Goods are ready for dispatch, Buyer fails to take delivery or provide adequate shipping instructions, Seller shall be entitled to place the Goods into a suitable store at Buyer's expense. Upon placing the Goods into the store, delivery shall be deemed to be complete, risk in the Goods shall pass to Buyer and Buyer shall pay Seller accordingly.

  6. FORCE MAJEURE:6.1 Force Majeure of any kind, unforeseeable production, traffic or shipping disturbances, war, acts of terrorism, fire, floods, unforeseeable shortages of labor, utilities or raw materials and supplies, strikes, lockouts, acts of government, and any other hindrances beyond the control of the party obliged to perform which diminish, delay or prevent production, shipment, acceptance or use of the goods, or make it an unreasonable proposition, shall relieve the party from its obligation to supply or take delivery, as the case may be, as long as and to the extent that the hindrance prevails. If, as a result of the hindrance, supply and/or acceptance is delayed by more than eight weeks, either party shall have the right to cancel the contract. Should the Seller’s suppliers fail to supply him in whole or in part, the Seller shall not be under obligation to purchase from other sources. In such cases, the Seller shall have the right to distribute the available quantities among his customers while at the same time taking into account his captive requirements.

  7. DELIVERY, RISK & TITLE:7.1 Unless otherwise expressly stated in the Contract, the Goods will be delivered Ex Works to the destination named in the Contract. Risk of loss of or damage to the Goods shall pass to Buyer upon delivery as aforesaid and Buyer shall be responsible for insurance of the Goods after risk has so passed. Delivery terms used in the Contract shall be defined in accordance with the latest version of Incoterms.7.2 Title to the Goods shall pass to Buyer upon delivery in accordance with Clause 7.1.7.3 Claims for shortfalls in quantity or for incorrect delivery shall be void if made more than 14 days after receipt by the customer.

  8. DEFECTS AFTER DELIVERY:8.1 Seller warrants (i) subject to the other provisions of the Contract, good title to and the unencumbered use of the Goods; (ii) that Goods manufactured by Seller and/or Seller’s Affiliates shall conform with Seller's specifications therefore and be free of defects in materials and workmanship. Seller will make good by the supply of a replacement part or parts, any defects which, under proper use, care and maintenance, appear in Goods of Seller’s Affiliates' manufacture and which are reported to Seller within 12 calendar months after their delivery (the "Warranty Period") and which arise solely from faulty materials or workmanship: provided always that defective items are returned to Seller at Buyer’s cost carriage and insurance prepaid within the Warranty Period. Repaired or replacement items will be delivered by Seller at Seller’s cost to Buyer. Goods replaced in accordance with this Clause 10.1 shall be subject to the foregoing warranty for the unexpired portion of the Warranty Period or for ninety days from the date of their return to Buyer (or completion of correction in the case of Services), whichever expires the later.8.2 Notwithstanding Clause 8.1, Seller shall not be liable for any defects caused by: fair wear and tear; materials or workmanship made, furnished or specified by Buyer; non-compliance with Seller's storage, installation, operation or environmental requirements; lack of proper maintenance; any modification or repair not previously authorized by Seller in writing. Seller's costs incurred in investigating and rectifying such defects shall be paid by Buyer upon demand. Buyer shall at all times remain solely responsible for the adequacy and accuracy of all information supplied by it.8.3 Subject to Clause 10.1, the foregoing constitutes Seller's sole warranty and Buyer's exclusive remedy for breach thereof. No representations, warranties or conditions of any kind, express or implied, shall apply as to satisfactory quality, merchantability, fitness for any particular purpose or any other matter with respect to any of the Goods. Warranty must be explicitly mentioned in the invoice/sales contract due to different products. Warranty, given or not, shall be valid only when stipulated in the contract/invoice.

  9. PATENT, ETC. INFRINGEMENT:9.1 Subject to the limitations set forth in Clause 10, Seller shall indemnify Buyer in the event of any claim for infringement of Letters Patent, Registered Design, Design Right, Trade Mark or Copyright ("Intellectual Property Rights") existing at the date of formation of the Contract arising from the use or sale of the Goods, against all reasonable costs and damages awarded against Buyer in any action for such infringement, or for which Buyer may become liable in any such action, provided always that Seller shall not be liable to so indemnify Buyer in the event that:(i) such infringement arises as a result of Seller having followed a design or instruction furnished or given by Buyer, or the Goods having been used in a manner or for a purpose or in a country not specified by or disclosed to Seller prior to the date of the Contract or in association or combination with any other equipment or software, or (ii) Seller has at its expense procured for Buyer the right to continue to use the Goods or has modified or replaced the Goods so that the Goods no longer infringe. (iii) Buyer has failed to give Seller the earliest possible notice in writing of any claim made or to be made or of any action threatened or brought against Buyer and/or Buyer has failed to permit Seller, at Seller's expense, to conduct and control any litigation that may ensue and all negotiations for a settlement of the claim, or (iv) Buyer has made without Seller's prior written consent any admission which is or may be prejudicial to Seller in respect of any such claim or action, or (v) the Goods have been modified without Seller's prior written authorization.9.2 Buyer warrants that any design or instructions furnished or given by it shall not cause Seller to infringe any Intellectual Property Rights in the performance of Seller's obligations under the Contract and shall indemnify Seller against all reasonable costs and damages which Seller may incur as a result of any breach of such warranty.

  10. LIMITATION OF LIABILITY:Supplier'smaximum aggregate liability for any and all losses, liabilities, expenses (including legal expenses), damages, claims or actions incurred under or in connection with a specific order or a particular blanket order (CALL-OFF order) issued, arising in or by virtue of breach of contract, tort (including negligence), misrepresentation, breach of statutory duty, strict liability, infringement of intellectual property rights or otherwise, shall in no circumstances exceed a sum equal to the total price of the Call -Off in question.

  11. STATUTORY AND OTHER REGULATIONS:11.1 If Seller's obligations under the Contract shall be increased or reduced by reason of the making or amendment after the date of Seller's quotation of any law or any order, regulation or bye-law having the force of law that shall affect the performance of Seller's obligations under the Contract, the Contract Price and delivery period shall be adjusted accordingly and/or performance of the Contract suspended or terminated, as appropriate.

  12. COMPLIANCE WITH LAWS Buyer agrees that all applicable import, export control and sanctions laws, regulations, orders and requirements, as they may be amended from time to time, including without limitation those of the United States, the European Union and the jurisdictions in which Seller and Buyer are established or from which items may be supplied, and the requirements of any licenses, authorizations, general licenses or license exceptions relating thereto will apply to its receipt and use of goods. In no event shall Buyer use, transfer, release, export or re -export any such goods in violation of such applicable laws, regulations, orders or requirements or the requirements of any licenses, authoriz​ations or license exceptions relating thereto. Buyer agrees furthermore that it shall not engage in any activity that would expose the Seller to a risk of penalties under laws and regulations of any relevant jurisdiction prohibiting improper payments, including but not limited to bribes, to officials of any government or of any agency, instrumentality or political subdivision thereof, to political parties or political party officials or candidates for public office, or to any employee of any customer or supplier. Buyer agrees to comply with all appropriate legal, ethical and compliance requirements.

  13. DEFAULT, INSOLVENCY AND CANCELLATION: Seller shall be entitled, without prejudice to any other rights it may have, to cancel the Contract forthwith, wholly or partly, by notice in writing to Buyer, if (a) Buyer is in default of any of its obligations under the Contract and fails, within 30 (thirty) days of the date of Seller's notification in writing of the existence of the default, either to rectify such default if it is reasonably capable of being rectified within such period or, if the default is not reasonably capable of being rectified within such period, to take action to remedy the default or (b) on the occurrence of an Insolvency Event in relation to Buyer. "Insolvency Event" in relation to Buyer means any of the following: (i) a meeting of creditors of Buyer being held or an arrangement or composition with or for the benefit of its creditors being proposed by or in relation to Buyer; (ii) a chargeholder, receiver, administrative receiver or similar person taking possession of or being appointed over or any distress, execution or other process being levied or enforced (and not being discharged within seven days) on the whole or a material part of the assets of Buyer; (iii) Buyer ceasing to carry on business or being unable to pay its debts; (iv) Buyer or its directors or the holder of a qualifying floating charge giving notice of their intention to appoint, or making an application to the court for the appointment of , an administrator; (v) a petition being presented (and not being discharged within 28 days) or a resolution being passed or an order being made for the administration or the winding-up, bankruptcy or dissolution of Buyer; or (vi) the happening in relation to Buyer of an event analogous to any of the above in any jur​isdiction in which it is incorporated or resident or in which it carries on business or has assets. Seller shall be entitled to recover from Buyer or Buyer's representative all costs and damages incurred by Seller as a result of such cancellation, including a reasonable allowance for overheads and profit (including but not limited to loss of prospective profits and overheads).

  14. MISCELLANEOUS:14.1 No waiver by either party with respect to any breach or default or of any right or remedy and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing and signed by the party to be bound.14.2 If any clause, sub-clause or other provision of the Contract is invalid under any statute or rule of law, such provision, to that extent only, shall be deemed to be omitted without affecting the validity of the remainder of the Contract.14.3 Buyer shall not be entitled to assign its rights or obligations hereunder without the prior written consent of Seller.14.4 Seller enters into the Contract as principal. Buyer agrees to look only to Seller for due performance of the Contract.14.5 GOODS PROVIDED HEREUNDER ARE NOT SOLD OR INTENDED FOR USE IN ANY NUCLEAR OR NUCLEAR RELATED APPLICATIONS. Buyer (i) accepts Goods in accordance with the foregoing restriction, (ii) agrees to communicate such restriction in writing to any and all subsequent purchasers or users and (iii) agrees to defend, indemnify and hold harmless Seller from any and all claims, losses, liabilities, suits, judgments and damages, including incidental and consequential damages, arising from use of Goods in any nuclear or nuclear related applications, whether the cause of action be based in tort, contract or otherwise, including allegations that the Seller's liability is based on negligence or strict liability.14.6 The Contract shall in all respects be construed in accordance with the laws of Thailand excluding, however, any effect on such laws of the 1980 Vienna Convention on Contracts for the International Sale of Goods and to the fullest extent permitted by law, shall be without regard to any conflict of laws or rules which might apply the laws of any other jurisdiction. All disputes arising out of the Contract shall be subject to the exclusive jurisdiction of the Thai courts.14.7 The headings to the Clauses and paragraphs of the Contract are for guidance only and shall not affect the interpretation thereof.14.8 All notices and claims in connection with the Contract must be in writing. Place of jurisdiction is Bangkok, Kingdom of Thailand.