Terms and conditions

All prices are F.O.B nearest PMCL's plant or distribution center on stock orders and F.O.B nearest plant on custom orders. Freight rates are based on a fixed freight rate schedule. Stock and custom orders cannot be combined to achieve lower freight rates. All prices are subject to change without prior notice; however, prices shall be those contained in the appropriate PMCL price list covering the products ordered and in effect on the "Shipping Date" noted in front of PMCL's Sales Order. Orders calling for future delivery shall be billed at prices in effect on the shipping date. Unless stated otherwise herein, different products in an order may not be combined to obtain quantity pricing. Shipments that are more or less than the actual quantity ordered shall constitute filling the order if such variance does not exceed the following percentages

l 18%, for stock and custom orders where PMCL purchases standard materials
ll 15%, for custom orders where PMCL purchases non-standard materials
lll 15%, for all two-pass contructions.

Purchaser shall be billed only for the quantity actually shipped plus, if applicable, trim lost.

Shipment and Transportation Terms
PMCL reserves the right to specify routing of shipments. PMCL shall attempt to ship within the time specified in PMCL's Sales Order, if indicated, and if not then within a reasonable time; and Purchaser acknowledges that no claim may be made for delays in shipment where Purchaser accepts the products. Unless specified in PMCL's Sales Order, freight charges shall be prepaid and billed. If Purchaser specifies a carrier that is not a PMCL approved carrier, the shipment will be made on a "Freight Collect" basis.

Title and Risk of Loss
All prices are F.O.B. Shipping Point. Title and risk of loss for all products shall pass to Purchaser upon delivery by PMCL to a common carrier, regardless of freight terms or method of payment for transportation charges. The Purchaser is responsible for filing all loss or damage claims with the carrier.

1. "F.O.B. Shipping Point" is our term of sale. Therefore, once the material leaves the shipping dock, it becomes the property of the Purchaser.
2. It is the responsibility of the Purchaser to receive the entire shipment as tendered and enter a claim with the carrier if any portion is missing or damaged upon delivery.
3. If there is any loss or damage at the time of delivery, it is essential to note on the delivery receipt. Within 15 days of receipt of the shipment, any concealed damage should be reported to the delivering carrier. Retaining the entire package is necessary until after a concealed damage inspection report is issued by the carrier.
4. Speed is of utmost importance! Prompt inspection, as well as prompt filing, of the claim with all necessary documents will facilitate fast settlement. All claims must be accompanied by the following documents:
   
   -Original paid freight bill
   -Certified copy or original bill of lading
   -Duplicate of invoice covering shipment
   -Duplicate of destination report, if available, or exact duplicate of delivery receipt noting shortage or damage.

5. Contact your Sales Representative or our Customer Service Department if the Purchaser, for any reason, encounters difficulty in obtaining payment of a valid claim from a carrier.

Acceptance
All orders are subject to acceptance by PMCL's home office.

Cancellation
Orders cannot be cancelled except upon terms that will fully compensate PMCL against loss.

Returns
All products sold by PMCL are returnable only in accordance with the warranty provision hereof. Before returning any product, Purchaser must obtain PMCL's home office prior written approval and instructions.

Force Majeure
PMCL shall not be liable for any loss, damage, delay, changes in shipment schedules or failure to deliver caused by accident, fires, strikes, riots, civil commotion, insurrection, war, the elements, embargoes, failure of carriers, inability to obtain transportation facilities, government requirements, acts of God, or public enemy, prior orders from customers or limitations on PMCL's or its suppliers' production or marketing activities or any other causes or contingencies beyond PMCL's control. PMCL shall in no event be liable for any consequential damages.

Choice of Law
All contracts shall be governed by and construed in accordance with the laws of Thailand.

Limited Warranty
All statements, technical information and recommendation about PMCL products are based upon tests believed to be reliable but do not constitute a guarantee or warranty. All PMCL products are sold with the understanding that Purchaser has independently determined the suitability of such products for its purposes. PMCL products are warranted to be free from defects in material or workmanship for a period of one year from date of shipment. Any product shown to the satisfaction of PMCL within the time provided to be so defective shall be replaced without charge or PMCL may issue a credit in such amount as it deems reasonable; however, in no event shall PMCL be responsible for claims beyond the replacement value of the defective product or in any way liable or responsible for consequence or incidental damages.

NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTIES, WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULARS USED, OR OTHERWISE, EXCEPT AS SET FORTH ABOVE (WHICH IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES) SHALL APPLY TO PRODUCTS SOLD BY PMCL. PMCL SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER SUCH WARRANTIES. NO WAIVER, ALTERATION, ADDITION OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS IN WRITING AND SIGNED BY AN EXECUTIVE OFFICER OF PMCL.

No salesman, representative, or agent of PMCL is authorized to give any guarantee, warranty or make any representation contrary to the above.

Limited Liability
PMCL shall, in no event, whether the claim is based on warranty, contract, tort, strict liability, negligence or otherwise, be liable for incidental or consequential damages, or for any damages in excess of the amount of the purchase price.