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Sales and Delivery Terms & Conditions
(As amended on 19-06-09) |
| You conclude your contract of sales/ for work and services with |
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A.C.D. Thailand Co., Ltd.
27/38 Moo 2 Nongplalai, Banglamung,
Chonburi 20150, Thailand
Tel. +66 (0) 38 182 347 ; +66 (0) 38 182 349
Fax. +66 (0) 38 182 351
e-mail: info@acdthailand.com
Tax-ID No.: 3 201 070 599
Trade Register No.: 0 20 55 42 00 68 58 |
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1. |
General Terms and Conditions |
| 1.1. |
Individuality of Products |
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The Crystals application process is a totally, and without exception, manual labor process. Insignificant variations among all products, in molding and texturing, product size, color placing, or crystal application, are unavoidable and acceptable by purchasers/client. |
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| 1.2. |
Delivery |
| 1.2.1. |
Shipment follows after payment in full. |
| 1.2.2. |
Partial shipments, which need to be declared and confirmed with the order application, require payment in full, of the value partially shipped order. |
| 1.2.3. |
ACD Thailand recommends all customers to have all products insured by their preferred transport agency. |
| 1.2.4. |
Disclosed lead times are without guarantee. Unpredictable delivery delays which might result from production challenges due to manual labor, raw material acquisition respectively third party delivery delays, or force majeure are to be accepted by the client. Delivery delays may concern partial or total contract volume. |
| 1.2.5. |
Delivery charges will be invoiced separately, and are additional to the product invoice. |
| 1.2.6. |
Delivery charges are only ascertainable after products are ready for delivery. |
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| 1.3. |
Method of payment |
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ACD Thailand only accepts bank transfers. |
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| 1.4. |
Retention of Title |
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All products are the property of A.C.D. Thailand, until full payment is received, and only then the change of ownership will be validated. ACD Thailand accepts the exchange of products within the terms of any given and valid warranty. The ownership of goods to be exchanged, within warranty validity, passes at the particular time, at which ACD Thailand gets the product returned respectively the client receives the exchanged product. |
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| 1.5. |
Court location |
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The jurisdiction of law lies in the country of production - the Province Court of Chonburi, Thailand. The relocation of legal cases to other jurisdictions is exclusively incumbent on the in Chonburi located commercial court. |
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| 1.6. |
Data Protection |
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Supplier and client data is saved onto an electronic data processing system for the purpose of quick and accurate processing. ACD Thailand reserves the right to transmit this data to credit and service businesses for the purpose of credit check and solvency surveillance. Supplier and client data will only be transmitted to other business partners with written approval of the supplier and client. |
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| 1.7. |
Warranty |
| 1.7.1. |
ACD Thailand manufactures exclusively only crystal products from the global market leader of crystals - Swarovski. |
| 1.7.2. |
ACD Thailand offers for every registered purchase at an authorized dealer of Crystela™ products, an international limited warranty of one year, from the date of purchase, covering manufacturing and material defects. Every product found to be defective under this warranty will be at ACD Thailand’s discretion, and either repaired, replaced, or substituted with a product of comparable value and function. In the case of substitution, it cannot be guaranteed that the customer will receive the same product. |
| 1.7.3. |
ACD Thailand’s warranty shall not apply to any product which has been subject to abuse, modification, attempted repair, negligence, misuse, or accident. Misuse includes contact with cleaning agents or detergents, hairspray, perfume, creams or similar products. It also includes the purchaser’s own transportation preferences. |
| 1.7.4. |
ACD Thailand cannot be held responsible for any damage caused by products. |
| 1.7.5. |
To request the warranty service, the damaged product needs to be returned to an authorized dealer or directly to ACD Thailand in its original packaging including the dated sales receipt. |
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| 2. |
Crystela™ Product Purchase |
| 2.1. |
Purchase Order/ Quotation |
| 2.1.1. |
Every purchase order needs to be submitted in writing (email, letter, fax), clearly identifiable (product code and product name, dated, readable) and internationally understandable (English Language). |
| 2.1.2. |
Delivery details are to be submitted in writing. |
| 2.1.3. |
Purchase order is accepted by quotation subject to terms and conditions as outlined in our quotation. |
| 2.1.4. |
Additional or clarifying order information needs to be submitted in writing, clearly identifiable and internationally understandable. |
| 2.1.5. |
Purchase order is accepted by quotation. |
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| 2.2. |
Packaging |
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Crystela™ products are generally packed and delivered in red gift boxes showing the Crystela™ Logo and the lettering “Crystela™”. The packaging serves as presentation as well as transportation packaging and is dimensioned according to product. |
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| 2.3. |
Prices/ Terms of Payment |
| 2.3.1. |
Prices are valid according to current pricelist. |
| 2.3.2. |
Prices may be subject to change. |
| 2.3.3. |
Prices are EXW (ExWorks). |
| 2.3.4. |
Delivery of products follows payment in full. |
| 2.3.5. |
Deviating conditions need to be stated in the order confirmation. |
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| 2.4 |
Application of logos |
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The logos and the lettering “Crystela™”, and “Made with CRYSTALLIZED – Swarovski Elements” must only be applied with Crystela™ products, and under no circumstances can be used or reproduced elsewhere. |
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| 3. |
Commissioned Production |
| 3.1. |
Production Order/ Quotation |
| 3.1.1. |
Production requests lead to either |
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a) a development quotation, in which prices are only estimated and only serve as a reference point to the final price, or |
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b) a production quotation, in which prices are binding. |
| 3.1.2. |
All for production relevant design and product details needs to be submitted before quotation is issued in writing (email, letter, fax), clearly identifiable (document ID-No., Client raw material code and description, final product dimensions, crystal codes and names, design and structure details, dated, readable) and internationally understandable (English Language). For this purpose, ACD Thailand provides every commissioned and approved client with detailed information about our setting technique and crystal colors available. |
| 3.1.3. |
Not written and/or not clearly identifiable and/or not internationally understandable production orders are insufficient. |
| 3.1.4 |
If the submitted product details don’t meet the requirements for production, consultation will be held with the client to clarify identified production issues. |
| 3.1.5. |
Additional or clarifying production order information needs to be submitted in writing, clearly identifiable and internationally understandable. |
| 3.1.6. |
If the submitted production orders are insufficient to issue a production quotation, a development quotation will be issued. Should a product, which was produced on production quotation, not match the design conception, is this to the expense of the client if the production quotation is based on an insufficient production order. |
| 3.1.7. |
Price calculation basis for production quotations is either: |
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a) an already developed prototype which has been confirmed by the client, |
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b) a defined limit of costs by the client, which allow production possibilities and lead to a fully developed prototype which has been confirmed by the client, or are |
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c) by the client’s defined finished product details, which allow price calculation. |
| 3.1.8. |
A quotation is based on the information of the production request. |
| 3.1.9. |
A quotation is valid from the date of issue and expires after 30 days. |
| 3.1.10. |
An order within the validity of quotation is considered as acceptance. |
| 3.1.11. |
Invoicing and delivery details are to be submitted with the order in writing. |
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| 3.2. |
Cancellation of production order |
| 3.2.1. |
Cancellations need to be submitted in writing. |
| 3.2.2. |
Research and development as well as production costs, which have occurred until the cancellation point in time has reached ACD Thailand, will be invoiced. |
| 3.2.3. |
The client has no entitlement on a half-finished product. Half-finished products, of which raw material has been provided by the customer, will be removed of crystal setting before return shipment. |
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| 3.3. |
Packaging |
| 3.3.1. |
In general, packaging will be suitable for transportation to serve the purpose of product safety. On client’s request, product-specific gifts or presentation packaging can be commissioned. |
| 3.3.2. |
Custom-made packaging will be invoiced separately and additionally, to the product invoice. |
| 3.3.3. |
In the case of prompt product completion, custom-made packaging will be sent to the client with products, or otherwise without products. |
| 3.3.4. |
Storage costs, which are charged when custom made packaging is stored mid- or long term at ACD Thailand, are charged on a daily cost rate, depending on packaging size and storage time. |
| 3.3.5. |
Custom made packaging is stored with the same care as Crystela™ packaging. |
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| 3.4. |
Prices/ Terms of Payment |
| 3.4.1. |
Prices are valid specific to each quotation. |
| 3.4.2. |
Prices are EXW (ExWorks). |
| 3.4.3. |
In general, 50% of the total invoice value must be paid before the start of production. Delivery of products follows payment in full. |
| 3.4.4. |
Concerning new customers or customers with a low degree of creditworthiness, special productions and extraordinary requests, ACD Thailand might consider payment in full before production starts. |
| 3.4.5. |
Payment conditions deviating are only valid if stated in order confirmation |
| 3.4.6. |
Delayed final payments trigger product storage costs, which are calculated on a daily cost rate, depending on product size and storage time. |
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