Terms & Conditions of Erawan interactive Co., Ltd

Registered Bangkok Liaison Office;
119/68 Moo 3, Soi Siamthoranee, Kubon Rd., Tarang, Bang Khen, Bangkok 10220.
Tel: +66 2 945 3813 Fax: +66 2 945 1316 <Contact Email> Tax ID: 3030087577

Scope & Applicability -

These terms and conditions are an integral part of all contracts, purchase orders, verbal solicitations or other transactions entered into by Erawan interactive (Ei). Customers should read these terms and conditions carefully and agree to abide by their terms. Additional terms and conditions may apply to orders on a case by case basis.

Material Submissions -

Materials (electronic recordable media (CD, DVD, video/audio/ DAT tapes), prints, slides etc) submitted to Ei for commercial printing, CD/DVD replication and other services as described in our website and other sales literature become the property of Ei. Such materials will not be returned to clients unless express written request is made to do so. For this reason, we strongly recommend that backup files, as opposed to originals, are sent to Ei.

All materials submitted will be acknowledged, and retained for a period of 30 days pending written request for return. A charge will be made for the return of materials to cover postage and handling. All unsolicited submissions for publication will only be returned on provision and pre-payment of return carriage. Ei will not be held responsible for the condition/integrity of materials during storage (though every effort will be made to maintain materials in pristine condition). Clients are advised to ensure that additional copies of submitted materials are retained to ensure that source materials are backed up.

Material Contents -

i. The Customer is responsible for optical disc content and unless hired to do so, Ei does not test or modify disc content. Customers are expected to send final artwork to Ei for printing. Any modifications necessary to ensure completion of agreed contract will be at the expense of the customer.

ii. We rigorously respect the privacy and security of customer's materials, ideas, and artwork, and will make every effort to protect intellectual property of both customers and third parties.

iii. We use extreme care when handling customer's source materials, however, we are not liable for any damage to materials. We will store source materials according to our general materials policy (see above).

Account Status -

i. We reserve the right to refuse any order.

ii. For Export orders, pre-payment in full is required for the opening order. For repeat orders, a deposit may be required.

iii. All deposits are non-refundable.

iv. For CD/DVD authoring, full payment is required in advance.

Delivery -

i. Ei will do everything possible to make delivery dates, however, unless agreed by prior arrangement in writing, all delivery dates are estimates and Ei shall not be held liable for any delays in delivery.

ii. In no event shall Ei be liable for any of Customer's lost profits or any other special or consequential damages.

iii. Shipment of products of "commercial value" requires special carriage, packaging and/or insurance. The customer should be aware of these precautions and is wholly responsible for such provisions. Customer must declare intended use of products prior to production in this regard.

iv. Ei will assist customers in the shipment of goods to their specified delivery destination. This is a courtesy service, though in the case of multiple shipments and/or destinations, Ei will charge an administration fee to be agreed in advance with the customer. All freight charges made by shipping agents are on the client's account. The terms & conditions of carriage of the shipping agent apply, and copies of such will be provided to the customer on request. Ei is not liable for loss or damage to products shipped under any arrangement for any reason whatsoever.

Copyright -

Ei reserves the right to immediately halt production and/or delivery of any customer product which, in its sole discretion, may appear to infringe the rights of any third party. In such cases, all sums due by customer to Ei shall become immediately due and payable. Customer agrees to indemnify, defend and hold harmless Ei, its members, successors and assigns, jointly and severally, from any and all claims, suits, liabilities, losses, damages and expenses (including, but not limited to, reasonable legal fees and expenses) which are related to or arise out of any breach of the representations made by Customer herein, whether during the service and/or manufacturing relationship or at any time thereafter.

Ei reserves the right to participate in the defence of any third party claim which Customer is obligated to indemnify Ei as provided above at the expense of the Customer.

Warranty -

i. Our products (CDs and printed outputs) are warranted against manufacturing defects in quality and workmanship.

ii. Customers must make any claims of non-conformity to Ei in writing (via fax) within seven days following the date of delivery.

iii. The customer's exclusive and sole remedy, and Ei's sole discretionary obligation, for breach of such warranty reported during the warranty period, shall be the repair or replacement of non-conforming products, as determined by Ei.

iv. This limited warranty does NOT apply to any product that has been subjected to misuse, negligence or accident. Ei shall make the final determination as to the existence and cause of any alleged defect.

EXCEPT AS EXPRESSLY STATED HEREIN, Ei MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRATIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY OTHER MATTER.

The remedies set forth herein are the exclusive remedies available to Customer for losses or damages of any kind. IN NO EVENT SHALL Ei BE LIABLE TO ANY PERSON FOR COMSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, WHETHER ARISING OUT OF WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT OR OTHERWISE. No agent, employee or representative of Ei has any authority to bind Ei to any affirmation, representation or warranty except as stated herein.

Reviewed - September 2006.