Sales Contract Review in Thailand
The Thai Civil and Commercial Code, which establishes the rules for the creation, interpretation, and enforcement of contracts, governs sales agreements in Thailand. Any sales contract should be carefully reviewed before being signed to make sure that all terms and conditions are outlined and that both parties are aware of their rights and obligations.
When analyzing a sales contract in Thailand, keep the following in mind:
Parties: The parties to the transaction should be specifically identified in the contract, together with their complete names, addresses, and phone numbers.
Specifications, quantity, quality, and any warranties or guarantees should all be included in a complete description of the goods or services being offered in the contract.
Price and payment conditions: The agreement should specify the cost of the products or services as well as the terms of payment, including the method of payment, the due date, and any late payment fines or interest charges.
Delivery and acceptance: The contract should outline the terms of delivery, including the location and date of delivery, as well as the requirements for accepting the goods or services.
Who bears the risk of loss or damage to the goods during transport and up until delivery should be specified in the contract.
Termination and cancellation: The terms of the contract, including any notice requirements or penalties, should clearly state the circumstances under which any party may terminate or cancel the agreement.
Resolution of disagreements: The contract should contain clauses for handling any potential disagreements, including mediation, arbitration, or litigation.
Additionally, it is crucial to confirm that the sales contract conforms with all applicable laws and rules, including Thai consumer protection legislation and any restrictions that may be unique to a given industry.
It is advised to seek legal counsel before signing the sales contract if you have any questions or reservations regarding its terms. Your rights and obligations under the contract can be better understood with the aid of a lawyer, who can also provide you with advice on any risks or liabilities you may face.