Terms and Conditions

SUNFLEX Asia Ltd. (“SUNFLEX Asia”) permits access to this website under the following terms and conditions. If you do not agree with any of these terms and conditions, please discontinue use of this site.

Disclaimer

SUNFLEX Asia Terms of Service (“This Agreement”) governs your purchase and use of all SUNFLEX Asia Services (collectively referred to as “Services”) as described in the Order Form you submit and which SUNFLEX Asia accepts (“Service Order”). You must register and accept the terms of this Agreement to use the Services. By clicking the “I Accept” button and/or registering and using the Services, you acknowledge that you have read this Agreement and agree to be bound by all the terms and conditions of this Agreement incorporated herein by reference.

The information and documents contained on this site and all sites linked to this site (“Website”), including text, graphics, links, or other items, are provided “as is” or “as available”. SUNFLEX Asia makes no warranties regarding the accuracy, suitability, reliability, or completeness of this information and documents, and expressly disclaims all liability for any errors or omissions in such information and documents. No warranties of any kind, express, or statutory, including but not limited to warranties of non-infringement of third-party rights, title, proprietary, merchantability, satisfactory quality, fitness for a particular purpose, and freedom from computer viruses, are provided in conjunction with the information and documents.

SUNFLEX Asia does not represent, guarantee, or endorse any products, services, or information provided on this website. All products and services sold are subject to our Terms and Conditions of Sale.

This disclaimer shall be enforced to the maximum extent permitted by law.

The copyright on this website belongs to SUNFLEX Asia, its agents, and/or professional advisors. No part of this website may be reproduced, distributed, republished, displayed, broadcasted, hyperlinked, or transferred in any manner or by any means, or stored in any search engine, without the prior written permission of SUNFLEX Asia or the copyright holder. You are only permitted to download and print the documents on this website for personal and non-commercial use, provided you do not modify the documents and retain all copyright and other proprietary notices contained in all documents. This permission will automatically terminate if you violate any of these terms and conditions. Upon termination of your rights , you must immediately destroy any downloaded and printed documents. Furthermore, you may not “mirroring” any documents contained on this website to other servers without permission from SUNFLEX Asia.

trademark

The trademarks, service marks, and logos (hereinafter referred to as “Trademarks”) used and displayed on this website are registered and unregistered trademarks of SUNFLEX Asia and others. No content on this website shall be construed as implicitly permitting, prohibiting, or otherwise invoking the use of any trademarks displayed on this website without the express written permission of SUNFLEX Asia or any other trademark owner. SUNFLEX Asia enforces its intellectual property rights to the fullest extent permitted by law. The name SUNFLEX Asia or the SUNFLEX Asia logo may not be used in any way, including in advertising or promotional materials related to the distribution of content on this website, without prior written permission. SUNFLEX Asia prohibits the use of the SUNFLEX Asia logo as a “quick link” to any SUNFLEX Asia website unless SUNFLEX Asia has given prior written approval for the creation of such links.

Exemption from liability

SUNFLEX Asia will not be liable for any damages, losses, or expenses, including but not limited to direct, indirect, special, or consequential damages or economic losses arising from or related to:

a) Access to, use of, or inability to access or use this website, or reliance on the content of this website.
b) System, server, or connection failures; errors, omissions, interruptions, data transmission delays, or computer viruses.
c) Use of or access to any other website linked to this website.
d) Any products, services, or information from any vendor or service provider.

Even if SUNFLEX Asia or its agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the user’s own risks. This exclusion clause shall take effect to the fullest extent permitted by law.

Submitting your information.

Any information or ideas you submit or post on this website by any means are considered non-confidential and non-proprietary and may be disclosed or used by SUNFLEX Asia or its affiliates for any purpose, including but not limited to the development, production, and marketing of products. You are prohibited from doing so.

Applicable laws and jurisdiction.

Any facilities and/or services offered through this website are for the exclusive access and/or use of SUNFLEX Asia customers in Thailand only. Except as stated above, nothing on this website shall be construed as SUNFLEX Asia providing services and facilities outside the aforementioned territory. By accessing this website and using the facilities and/or services offered through this website, you agree that the laws of Thailand will govern such access and the provision of such facilities and/or services, and you agree to be subject to the exclusive jurisdiction of the Thai courts.

Terms of Access

SUNFLEX Asia may modify these Terms of Access at any time by updating this version. By using this website, you agree to be bound by such modifications and should visit this page periodically to review the current version of the Terms of Access you are bound by.

Terms and Conditions of Sale

1. Definitions: “SUNFLEX Asia” means SUNFLEX Asia Ltd., which sells products to customers as specified in a SUNFLEX Asia quotation or invoice. “Customer” means the individual or entity specified in a SUNFLEX Asia quotation or invoice. “Contract” means the contract for the sale of products and/or services incorporating the terms and conditions provided by SUNFLEX Asia to the customer. “Order Confirmation” means the formal confirmation of the products ordered by the customer and submitted by SUNFLEX Asia. “Price” means the price as stated in the SUNFLEX Asia quotation and order confirmation, with the latter taking precedence. “Product” means the product as described in the order confirmation and may include SUNFLEX Asia branded products, third-party products, and service offers. “Service Offer” means the various service options offered by SUNFLEX Asia for the product or any part thereof, and for various periods, as described in SUNFLEX Asia publications, including but not limited to SUNFLEX Asia invoices and/or SUNFLEX Asia service descriptions. “Third-Party Product” means products other than those branded by SUNFLEX Asia.

2. Contract Formation 2.1 The contract will not be binding until SUNFLEX Asia accepts the customer’s order.

2.2 The products sold and/or services received are subject to these Terms and Conditions , excluding any other Terms and Conditions specified or referred to by the Customer. The Customer acknowledges the contents and agrees to be bound by these Terms and Conditions. SUNFLEX Asia’s acknowledgment of the Order or its non-objection to any conflicting, different, or additional Terms and Conditions to the Order shall not constitute acceptance of such Terms and Conditions or a waiver of any provision thereof.

3. Order, Pricing, and Payment

3.1 Unless expressly otherwise agreed upon by SUNFLEX Asia, payment for products or services must be made in full prior to actual delivery of the products or services.

3.2 Customers are responsible for paying all shipping and handling fees.

3.3 The customer shall be responsible for all sales, usage, products and services, value-added tax, excise tax, privileges, and other applicable taxes in the country, province, state, and local governments.

3.4 Timely payment is crucial. SUNFLEX Asia reserves the right to charge interest at a rate of 15% per annum on overdue amounts.

3.5 Unless the customer and SUNFLEX Asia agree on different discounts, SUNFLEX Asia’s standard pricing policy for SUNFLEX Asia branded systems, which includes both hardware and services at the same discounted price, will allocate a discount from the retail price applied to the system’s services equal to the overall percentage discount calculated from the total retail price of the system.

4. Ownership and Risk

Ownership and risk of the product transfer to the customer upon delivery. Ownership of the software product remains with the relevant licensor at all times.

5. Delivery

5.1 SUNFLEX Asia will ship products to a delivery location designated by the customer and agreed upon with SUNFLEX Asia (“Delivery Location”).

5.2 SUNFLEX Asia may deliver products in installments in any order at its own discretion. If products are delivered in installments, each installment shall be deemed to be a separate contract, and SUNFLEX Asia’s default or failure to deliver any installment shall not invalidate the contract for products already delivered or products yet to be delivered.

5.3 The delivery dates offered by SUNFLEX Asia for product delivery are estimates only and do not constitute part of the contract. SUNFLEX Asia will not be liable for any delays in product and/or service delivery due to any cause whatsoever.

5.4 SUNFLEX Asia may modify and/or discontinue products at any time without prior notice as part of SUNFLEX Asia’s ongoing product update and improvement policy. Modified or improved products will have the same functionality and performance as the ordered product. Customers agree that SUNFLEX Asia’s policies may result in discrepancies between the specifications of the product delivered to the customer and the specifications of the ordered product.

6. Product acceptance.

6.1 Unless otherwise notified to SUNFLEX Asia on the delivery date and confirmation of such notification in writing within two days, the product shall be deemed accepted by the customer as being in good condition and in accordance with the contract, and shall be fully functional and in good condition according to the relevant specifications without any defects. The customer has no right to withhold payment for the full or partial price of the goods while SUNFLEX Asia is investigating any claims.

6.2 New SUNFLEX Asia branded products purchased directly from SUNFLEX Asia under these Terms and Conditions by the end user may be returned within 7 days of the invoice date for exchange or purchase price credit according to SUNFLEX Asia’s “Return Policy” in effect at that time on the invoice date. Credit will not include any shipping and handling fees that are part of the purchase price. Products returned under SUNFLEX Asia’s “Return Policy” must be received by SUNFLEX Asia in like-new condition or as shipped by SUNFLEX Asia, must meet the invoice specifications, and all items included with the returned product must be included with the returned product.

7. Warranty

7.1 Unless otherwise stated, SUNFLEX Asia warrants to the Customer that SUNFLEX Asia branded products will be free from defects in materials and workmanship that affect normal use from the date of invoice for a period of 6 months or other period as may be specified in the SUNFLEX Asia invoice (“Standard Warranty Period” and “Related Warranty” as appropriate). Upon expiration of the foregoing period, the Customer acknowledges that the SUNFLEX Asia branded products are free from defects and agrees to waive all rights and claims against SUNFLEX Asia and release SUNFLEX Asia from any liability relating to such defects.

7.2 This standard warranty does not cover damage, errors, failures, or malfunctions resulting from external causes, including accidents, misuse, improper use, electrical problems, unauthorized service by SUNFLEX Asia, use and/or storage and/or installation not in accordance with product instructions, failure to perform necessary preventive maintenance, normal wear and tear, force majeure, floods, fires, war, violence, or similar events; products with missing or altered service labels or serial numbers; any attempt by persons other than SUNFLEX Asia personnel or persons authorized by SUNFLEX Asia to adjust, repair, or support the product; and problems caused by the use of parts and components not supplied by SUNFLEX Asia. The standard warranty or any related warranty does not cover any items in one or more of the following categories: external equipment, software, accessories or parts added to the product after delivery from SUNFLEX Asia; accessories or parts added to the product through SUNFLEX Asia; accessories or parts not installed at the SUNFLEX Asia factory ; or third-party products purchased under the SUNFLEX Asia software and peripherals program.

7.3 Under the terms of clause 9 below, during the standard warranty period or the applicable warranty period, and starting from the invoice date, SUNFLEX Asia will repair or replace any SUNFLEX Asia branded product returned to the SUNFLEX Asia factory. The customer shall pay for shipping and freight charges in advance and insure the shipment or accept the risk of loss or damage during such shipping and transportation. SUNFLEX Asia will ship the repaired or replaced product to the customer with shipping costs prepaid.

7.4 SUNFLEX Asia makes no warranties that the product is suitable for any particular purpose, and these standard or related warranties are given in lieu of all implied warranties, conditions, agreements, obligations and obligations under statute, common law, commercial use, practice or otherwise, including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are excluded to the maximum extent permitted by law.

7.5 The Customer agrees that, in the event of any third-party products purchased through SUNFLEX Asia, if such products are covered by the respective manufacturer’s warranty, the standard warranty will not cover such products, and such manufacturer’s warranty will be considered the sole warranty for such products. Custom Warranty

8. Service and technical support.

For SUNFLEX Asia branded products, SUNFLEX Asia will provide general services and technical support to customers in accordance with the currently applicable service and technical support policies. Service and support offerings may vary depending on the product. If a customer purchases supplemental services and support as specified on the SUNFLEX Asia invoice, SUNFLEX Asia will provide the supplemental services and support to the customer in accordance with the current terms and conditions of the supplemental service agreement between SUNFLEX Asia and the customer. Apart from any standard warranties or guarantees, SUNFLEX Asia may modify the general and supplemental service and support programs, as well as the terms and conditions governing those programs, at its own discretion. SUNFLEX Asia is not obligated to provide services or support until it has received full payment for the product or service/support agreement for which the service or support was requested.

9. Liability

9.1 SUNFLEX Asia shall not be liable for any contract or tort for any loss or damage incurred, and consumer rights are limited to what is set out in these Terms and Conditions and under the law.

9.2 To the extent permitted by law and subject to Clause 9.6, SUNFLEX Asia’s total liability herein regarding any event or series of related events shall not exceed the amount billed for the related products and/or services under this Contract.

9.3 The Client shall indemnify SUNFLEX Asia and fully and effectively compensate SUNFLEX Asia for any loss or damage to property or injury or death of any person resulting from any negligent act, omission, or intentional misconduct by the Client, its employees, agents, or subcontractors, or from any breach of contractual obligations arising out of these Terms and Conditions.

9.4 To the extent permitted by law, SUNFLEX Asia and the Customer agree that SUNFLEX Asia will not be liable for product unavailability or for loss, damage, deletion, or alteration of data or software. Any service response times specified by SUNFLEX Asia in such Service Contract are estimates only. SUNFLEX Asia will not be liable to the Customer for: 1) incidental, indirect, special, or consequential damages; 2) loss of opportunity; 3) loss of revenue; 4) loss of profits or expected profits; 5) loss of business; 6) loss of contract; 7) loss of commercial reputation; 8) loss of business interruption; 10) loss caused by or related to pollution or contamination, all arising from or related to the purchase, use, or operation of the Product or Service, even if SUNFLEX Asia has been advised of such possibility.

9.5 To the extent permitted by law, any typographical, written, or other errors or omissions in sales documents, quotations, price lists, offer acceptances, invoices, or other documents or information issued by SUNFLEX Asia shall be corrected without any liability from SUNFLEX Asia.

9.6 Where applicable law does not allow for the exclusion of implied terms and warranties, SUNFLEX Asia’s liability for breach of such terms and warranties shall be limited as SUNFLEX Asia chooses to:

(a) In the case of a product, replacement of the product or provision of an equivalent product, repair of such product, payment of the cost of replacing the product or provision of an equivalent product, or payment of the cost of repairing the product, or

(b) In the case of services, the re-provision of services or the re-payment of costs for the provision of services.

10. Force majeure.

Neither party shall be liable for any delay in fulfilling any obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party causing the delay, and such party is entitled to a reasonable extension of time to fulfill such obligation.

11. Restrictions on exports.

Each party shall comply with all applicable laws, orders, and regulations of any government agency with jurisdiction over activities relating to these Terms and Conditions and any Contract at its own expense. Each party shall provide the other party with the necessary information to enable the other party to comply with applicable laws and regulations relating to the SUNFLEX Asia Products, and the Customer acknowledges that Products authorized or sold under any Contract shall be subject to export control laws and regulations, including the laws and regulations of the country from which the Products are procured and used, and agrees to comply with such laws and regulations. Products purchased under any Contract may not be sold, leased, or transferred to restricted end users or to any other restricted country. Furthermore, the Products may not be sold, leased, or transferred to or otherwise used by any end user engaging in activities relating to weapons of mass destruction, including but not limited to activities relating to the design, development, manufacture, or use of nuclear materials, nuclear facilities, nuclear weapons, missiles, or support for missile programs, or chemical or biological weapons. The Customer and SUNFLEX Asia agree to comply with all applicable export laws, regulations, and orders. In addition, each party agrees to indemnify, defend, and hold the other party liable for any claims, demands, or causes of litigation against the other party arising out of any breach or alleged breach of applicable export laws, regulations, and orders.

12. Applicable Laws

These Terms and Conditions shall be governed by the laws of Thailand and interpreted in accordance with the laws of the Thai courts without exclusivity.

13. General

13.1 The Client shall not assign or transfer any contract or any rights and obligations under this Agreement, in whole or in part, without the prior written consent of SUNFLEX Asia. Such unauthorized assignment shall be void.

13.2 If any competent authority deems any provision of these Terms and Conditions to be invalid or unenforceable in whole or in part, the validity of the rest of these Terms and Conditions and any other related provisions shall not be affected.

13.3 No Waiver of Rights. SUNFLEX Asia’s failure to exercise any powers or rights under this Agreement shall constitute a waiver of rights, and the exercise of any part or a single power or right shall not preclude the exercise of any other powers or rights, or the exercise of any other powers or rights.

Return Policy

Customers who purchased new SUNFLEX Asia products directly from SUNFLEX Asia can return them within 7 days of the invoice date for an exchange or a credit towards the purchase price. The credit will not include shipping and handling fees shown on the invoice.

Upon arrival of the goods at the buyer’s location, the buyer shall unpack and thoroughly inspect the goods. The buyer shall notify us within two days of receipt of any defects or damages (which constitutes a material breach of this obligation). Any discrepancies reported after this period will be considered physical damage by the buyer, and the warranty will be void.

To return a product, you must contact SUNFLEX Asia to obtain a Device Return Authorization number. We will arrange for your return now to expedite your credit process. SUNFLEX Asia expects the product to be returned to SUNFLEX Asia in its original, sealed packaging within five days of the date SUNFLEX Asia issues the Device Return Authorization number. You must prepay shipping costs and insure the shipment or accept the risk of loss or damage during transit. Returned products must be received by SUNFLEX Asia in like-new condition or as shipped by SUNFLEX Asia, including compliance with the specifications outlined on your invoice, and all items included with the product must be returned with it.

This policy does not apply to any third-party products (including software) purchased through SUNFLEX Asia, or to refurbished or modified products or parts.