For all ABB’s bids and orders, the following terms and conditions
will apply unless otherwise agreed in writing. The acceptance of
ABB’s quotation includes the acceptance of these conditions by the
Purchaser. If any modification of a particular condition is agreed
upon, the remaining conditions are nevertheless to apply in so far
as they are not specifically excluded.
CLAUSE 2. VALIDITY
Unless previously withdrawn, ABB’s quotation is open for
acceptance within thirty (30) days from the date thereof or such
period which ABB may otherwise specify. It should be noted that
ABB’s quotation is a conditional offer, the acceptance of which is
subject to ABB’s confirmation at the time of such acceptance.
CLAUSE 3. ACCEPTANCE
The acceptance of ABB’s quotation must be accompanied by
sufficient information to enable ABB to proceed with the work,
otherwise ABB is at liberty to amend ABB’s prices and other terms
to cover any increase in cost or other change in circumstances
which has taken place after acceptance. All prices quoted shall be
subject to market fluctuations and/or cost of materials and
components. Whilst every effort will be made to maintain prices
quoted, ABB reserves the right to execute orders at prices ruling at
the time of delivery.
CLAUSE 4. LIMIT OF SCOPE OF WORK
ABB’s quotation includes only such goods, accessories and work
as are specified therein. Erection and/or installation is not included
unless specifically agreed in writing.
CLAUSE 5. DESPATCH
Any period of time quoted for despatch dates from receipt by ABB
of a written and complete order to proceed (including forwarding
instructions) and of all necessary information and drawings to
enable ABB to start its performance. All such times are to be
treated as estimates only without any contractual obligation unless
ABB has specifically stated in writing that such times are definite.
Any such contractual obligation is subject to ABB not being delayed
by instructions or lack of instructions or by any of the matters
referred to in Clause 11.
CLAUSE 6. DELIVERY
For goods for delivery in Thailand, the price quoted includes
delivery by any method of transport at ABB’s option unless
otherwise specified in ABB’s quotation. If the Purchaser fails to take
delivery for reasons other than those specified in Clause 11, any
resulting expenses such as demurrage, storage, double handling,
insurance during storage, etc., will be charged to the Purchaser.
Without prejudice to the foregoing, ABB may at any time after
delivery is due give the Purchaser notice requiring it to accept
delivery within a reasonable time. If the Purchaser for any reason
fails to accept delivery within such time, ABB 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 ABB has suffered up to a maximum
of the price that is attributable to goods that remains undelivered.
No liquidated damages or penalties are applied in case of ABB’s
delay, unless specifically and expressly agreed to in writing by ABB.
In case ABB specifically and expressly agrees that liquidated
damages apply, the Purchaser shall be entitled to claim liquidated
damages in so far as it can be proved that the delay has been
caused through the fault of ABB and that the Purchaser has
suffered a loss as result of such delay. If substitute material can be
supplied to accommodate the Purchaser, the latter is not entitled to
any damages for delay.
Liquidates damages for delayed delivery shall be 0.5 per cent for
every completed week’s delay (fraction of the week shall be
prorated) and shall in no case whatsoever altogether exceed 5 per