GENERAL TERMS AND CONDITIONS

DEFINITIONS
1. Definitions
  1. “Agreement” means these Linde General Terms and Conditions, together with any Customer Contract created on the acceptance by Linde of an Order;
  2. “Customer” means the person or entity identified in this Agreement or in the applicable Linde trading account on the Platform;
  3. “Customer Contract” has the meaning given to such term in Clause 3.6;
  4. “Delivery Point” has the meaning given in Clause 5.1;
  5. “Delivery Policy” has the meaning given to such term in Clause 5.2;
  6. “Gas “ means any gas or gas mixture including liquefied, solidified, compressed or dissolved gas that is listed on the Platform for sale to Customers;
  7. “Gas Containers” means cylinders and storage vessels of any descriptions listed on the Platform for sale to Customers;
  8. “Linde” means Linde (Thailand) Public Co, Ltd including its officers, directors, employees and representatives from time to time;
  9. “Listing Price” means the price of Products listed for sale to Customers as stated on the Platform, taking into account prices for Gas or Gas Container rental charges agreed with a specific Customer pursuant to existing Supply Agreements, if any;
  10. “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not;
  11. “Order” means any Customer’s order for Products sent through the Platform in accordance with these General Terms and Conditions;
  12. “Payment Terms” has the meaning given to such term in Clause 6.1;
  13. “Platform” means the web and mobile versions of the website operated and/or owned by Linde which is presently located at the following URL: http://www.linde.co.th/shop;
  14. “Product” means a product including but not limited to Gas, Gas Containers (and any installment of the product or any parts thereof) made available for sale to Customers on the Platform;
  15. “Product Warranty” has the meaning given to such term in Clause 12.3;
  16. “Return Policy” has the meaning given in Clause 7.1; and
  17. “Supply Agreement” means an agreement with the Customer to supply the Customer with Gas and Gas Containers for a specified period of time.
APPLICATION OF TERMS AND CONDITIONS
1. The Clauses in these General Terms & Conditions apply to the supply of Products by Linde to Customers via the Platform and supersede all previous terms and conditions, negotiations and representations whether oral or written, and any earlier agreements for the supply of Products printed on Customers' documentation including purchase orders.
2. No terms or conditions endorsed upon, delivered with or contained in Customer's acceptance or acknowledgement of the delivery of Products, purchase order(s), specifications or similar documents will amend or vary the provisions of these General Terms & Conditions and Customer waives any right which it might otherwise have to rely on such terms and conditions.
3. Amendments: Linde may by notice issued through the Platform or by such other method of notification as Linde may designate (which may include notification by way of e-mail), vary these General Terms & Conditions, such variation to take effect on the date Linde specifies through the above means. If Customer uses the Platform after such date, Customer is deemed to have accepted such variation. Linde’s right to vary these General Terms & Conditions in the manner aforesaid will be exercised either via the Platform or such other means as Linde prescribes and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these General Terms & Conditions. The version of General Terms & Conditions applicable to any particular Order is the latest version in force published on the Platform.
4. No variation or waiver to any Customer Contract nor terms or conditions put forward by Customer for the supply of Products will have any effect unless expressly agreed in writing by both parties. Failure to exercise any right or remedy under these General Terms & Conditions in a timely manner will not constitute acceptance of the matter which gave rise to the right or remedy, nor constitute a waiver of such right or remedy.

PURCHASE OF PRODUCTS
1. Customer’s compliance: Customer agrees to comply with any and all of the guidelines, notices, operating rules, Gas Container manuals (or instructions), policies and other instructions pertaining to its purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by Linde (whether as part of use of the Platform or in relation to the purchase of Products), from time to time. Linde reserves the right to revise these guidelines, notices, operating rules, Gas Container manuals (or instructions), policies and other instructions at any time and Customer is deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2. Customer is solely responsible for determining the suitability, compatibility and use of Products it intends to purchase via the Platform. In the event that the Product Customer receives is of a fundamentally different nature from the Product as described on the Platform and which Customer has ordered, Clause 7 of these General Terms & Conditions of Sale shall apply.
3. Placing an Order: Customers may place an Order by completing the electronic Order form on the “My Account” page on the Platform and clicking on the “Order Template” button. Linde will not accept Orders placed via the Platform in any other manner. Customers shall be responsible for ensuring the accuracy of their Orders.
4. Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Linde shall be entitled (but not obliged) to process such Order(s) without Customer’s further consent and without any further reference or notice to Customer. Nevertheless, in certain circumstances as stated in Clause 7, Customers may return Products ordered or, pursuant to Clause 15, request to cancel a Customer Contract which Linde will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Linde is not obliged to give effect to any request to cancel or amend any Order.
5. If Linde supplies Gas to a Customer Linde will provide it in Gas Containers as listed on the Platform from time to time. Linde may from time to time at its discretion change the mode of supply or model of equipment used to supply Customers with Gas, provided that the change does not increase the aggregate charges payable by Customers for the supply of the Gas (unless such a change is made with Customer consent or at Customer’s request).
6. Linde’s reservation of rights in respect of Orders: All Orders shall be subject to Linde’s acceptance in its sole discretion and each Order accepted by Linde (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. Customer acknowledges that unless Customer receive a notice from Linde accepting Customer’s Order, Linde shall not be party to any legally binding agreements or promises made between Linde and Customer for the sale or other dealings with the Product(s) and accordingly Linde shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Linde reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.

PRICES
1. Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Linde (through the Platform). In respect of orders for Gas, prices are subject to (and may be varied) the terms of any applicable existing Supply Agreements entered into between Linde and a specific Customer. Linde may vary the Listing Price of Products at any time at its sole discretion without prior notification to Customer.
2. Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

DELIVERY AND COLLECTION
1. Products ordered via the Platform shall be delivered to the address specified in an Order or as set out in the Customer’s trading account on the Platform or to the Customer's designated premises that is included in any Supply Agreement (if applicable) (the "Delivery Point").
2. Delivery & packing charges and Delivery Policy: All applicable delivery and packing charges and the terms of Linde’s delivery policy shall be as set out in each Order and at the “Delivery Policy” landing page on the Platform (“Delivery Policy”).
3. Tracking: Customers may track the status of their delivery at their “My Account” page of the Platform.
4. Delivery timeframe: Customer acknowledges that delivery of the Products is subject to the Delivery Policy and the availability of the Products. Linde will make every reasonable effort to deliver the Products ordered to Customers within the delivery timeframe stated in its Delivery Policy, but Customers acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of Customer’s Product is delayed Linde will inform the Customer accordingly via e-mail and/or by phone and Customer’s Product will be dispatched as soon as it becomes available to Linde. The time for delivery shall not be of the essence, and Linde (nor any of its agents) shall not be liable for any delay in delivery howsoever caused.
5. Deemed receipt: In the event Customer does not receive the Product by the projected delivery date and provided that Customer informs Linde within 3 days immediately from such projected delivery date, Linde will try, to the best of Linde’s ability, to locate and deliver the Product. If Linde does not hear from Customer within 3 days from such projected delivery date, Customer shall be deemed to have received the Product.
  Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Linde’s fault) then without prejudice to any other right or remedy available to Linde, Linde may terminate the Customer Contract in accordance with Clause 15.
6. Gas Container deliveries and collections shall be on a full-for-empty basis at the Delivery Point. If Customer requests any variation from the above Linde may levy an additional charge for any such supply. Any delivered, returned or collected Gas Containers may be reconciled against the account of Customer to which they were supplied. Supplier reserves the right to introduce an electronic identification system for Gas Containers.
7. The quantity of any Products delivered shall be measured in the manner determined to be appropriate by Linde, and shall be recorded on Linde’s delivery note.
8. Linde’s delivery or collection note (for Gas Containers, as applicable) or any other equivalent document shall be conclusive evidence of delivery, collection, quantity and quality of Products.
9. Customer acknowledges that for Products ordered via the Platform that are eligible for collection by Customer, any such Products shall be collected from Linde’s site or agent as specified in the Delivery Policy. Collections by Customers will be at their own risk and customers shall be responsible for handling and transporting the load safely, training the driver on the hazards of the goods and compliance with all relevant legislation.
10. If delivery/collection cannot be made due to the act or omission of the Customer (or the act or omission of any employee, agent or contractor of the Customer), then the items shall be deemed to be delivered and Linde may charge for abortive journeys or part journeys and for storage of the Products ordered until delivered. In addition to aborting individual deliveries, Linde may suspend all deliveries of Products if at any time the Customer’s premises, including site access, is considered by Linde not to be safe.
11. For the collection of empty Gas Containers, Customers shall render all possible assistance by bringing empty Gas Containers to the designated site within the Delivery Point for collection by Linde's personnel or contractors.
12. Where Customer returns Gas Containers by means other than Linde's collection, Customer shall notify Linde on the number of Gas Containers returned. Customer shall ensure that all Gas Container’s valves are properly closed before returning the Gas Containers to Linde. An official receipt must be obtained from Linde before leaving Linde's premises to acknowledge the receipt of returned Gas Containers.

PAYMENT TERMS
1. General: Customers shall pay for Products,(including Gas and Gas Container rental charges) ordered using any of the payment methods and in accordance with the terms prescribed by Linde from time to time as set out on the “Payment” landing page on the Platform (“Payment Terms”). When Customers place an Order, actual payment will be only charged upon Linde’s acceptance of the Order and formation of a Customer Contract. All payments shall be made directly to Linde.
2. Additional terms: The payment methods in the Payment Terms may be subject to additional terms as prescribed by Linde from time to time.
3. Payment methods: Customers agree that they are subject to the applicable user agreement of their chosen payment method. Customers may not claim against Linde or any of its agents for any failure, disruption or error in connection with the chosen payment method. Linde reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to Customer or giving any reason.
4. Invoicing: Linde may invoice Customers upon the due date of any payment under a Customer Contract pursuant to the Payment Terms.
5. Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Linde, Linde shall be entitled to the remedies set out in the Payment Terms which include charging a late payment fee or suspending delivery of the Products until payment is made in full.
6. Refund of Payment:
  1. All refunds shall be made in accordance with the Return Policy and via the original payment mechanism and to the person who made the original payment.
  2. Linde offers no guarantee of any nature for the timeliness of the refunds reaching Customer’s account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
  3. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Linde.
  4. All refunds are conditional upon Linde’s acceptance of a valid return of the Product.
  5. Linde reserves the right to modify the mechanism of processing refunds at any time without notice.
7. If Customer fails to pay any Gas charges and Gas Container rental charges when due, then the Customer shall return the Gas Container to Linde immediately whether formally demanded or not to Linde. The return of the Gas Container by the Customer in this instance shall not in any way prejudice the right of Linde to claim for the overdue payment.

RETURNS/REPAIRS/REPLACEMENTS/REFUNDS
1. Return Policy: All returns must be done and refunds processed in accordance with the instructions set out in the return, warranties and refunds policy set out in the “Returns, Warranties and Refunds” landing page on the Platform (“Return Policy”). Linde is not obliged to agree to any return unless all such instructions are followed to Linde’s satisfaction. Should Linde agree to the return, Linde will deliver the replacement Product to Customer’s specified address.
2. Permitted returns: Subject to the Return Policy and Clause 7.1, within 7 days from the date of delivery of the Product purchased via the Platform, Customer may return a Product when it:
  1. receives a product that is fundamentally different in nature from the Product specified in the Customer Contract; or
  2. receives a faulty, defective or damaged Product.
3. Replacement Products: When Linde has provided replacement Products pursuant to Clause 7.2 or given the Customer a refund, the non-conforming Products or parts thereof shall become Linde’s property and upon request such Products or parts thereof should be shipped back to Linde at Linde’s cost.

QUESTIONS AND COMPLAINTS
1. If Customers have any questions or complaints, please contact Linde’s Customer Care Centre as per the contact details set out in the Return Policy.

USE AND HANDLING OF GAS AND GAS CONTAINERS
1. All Gas supplied by Linde via the Platform is for the sole use of the Customer who shall not re-
  sell the Gas without Linde's prior consent.
2. Linde's Gas Containers in possession of the Customer are for the sole use of the Customer who shall not re-fill or allow such Gas Containers to be refilled by any third party or otherwise let them be used otherwise than for the storage, transport or use of Gas placed in them by Linde.
3. Precautions are to be observed by Customers in the handling and use of Gas as indicated on the labels attached to Gas Containers, material safety data sheets and in other related documents provided to Customers and listed on the Platform. These precautions must be strictly observed by Customers for the safe use of the Gas. Customers are responsible for bringing these precautions to the attention of all persons using or handling the Gas including their staff and/or any third party handling the Gas on their behalf, failing which, Linde shall have no liability whatsoever in relation to any failure to observe such precautions and Customer shall indemnify Linde against all claims, costs, expenses or liabilities resulting therefrom from any third parties.
4. All Gas Containers and peripheral equipment including valves, manifold and regulators that are made available to Customer via the Platform are for its sole use, and shall remain the property of Linde at all times. The Customer shall be responsible for the safe custody of these items and shall indemnify Linde against all loss or damage to the items including but not limited to fire damage. In case of loss or damage to Linde’s Gas Containers or any other Linde owned equipment supplied to the Customer, Customer shall pay the cost of restoring such Gas Containers or other equipment to a serviceable condition or where the Gas Containers or other equipment is lost or damaged beyond repair, Customer shall pay the prevailing replacement cost for the same as determined by Linde.
5. Customer shall not sell or offer for sale, create a lien over, mortgage, pledge, underlet, loan, distribute, transfer or otherwise part with the possession of the Gas Containers supplied and owned by Linde.
6. Customer will comply with any manual (or other instructions) provided, and will not otherwise adjust, repair or interfere with Linde’s Gas Containers. If Customer does not comply with this Clause then Linde will have no liability to Customer for the consequences and Linde may charge the Customer for additional service parts and/or maintenance and repair charges as appropriate.
7. Customer shall pay all rentals, sales, taxes, charges, and impositions payable in respect of the premises whereon such Gas Containers delivered to it are situated and shall protect the same against distress, execution or seizure and indemnify Linde against all losses, damages and expenses incurred by them by reason or in respect thereof.
8. The payment for lost or missing Gas Containers does not transfer the ownership of the Gas Containers to the Customer. In the event that the Customer recovers any lost or missing Gas Containers, such recovered Gas Containers must be returned to Linde.
9. Linde shall maintain Gas Containers in accordance with Linde’s procedures and current safety requirements. If this required interruption of supply this will, whenever possible, be by arrangement with the Customer.
10. In the event of failure on the part of the Customer to return the Gas Containers in accordance with this Agreement, Linde is hereby granted an unconditional licence to enter into the Customer's premises for the purpose of retrieving the Gas Containers either full or empty. Under such circumstances, the Customer shall not be entitled to any refund in respect of unused Gas remaining in the Gas Containers retrieved under the foregoing conditions.
11. Customer warrants and undertakes that Customer shall not use the Gas or Gas Containers for any illegal activities or any activities that might endanger the safety of any persons.

GAS CONTAINER RENTAL CHARGE
1. Gas Container rental shall be charged at Linde's determined rates as set out in the Customer Contract (or as agreed with a Customer to a Supply Agreement, if applicable) and will be levied on each Gas Container in the Customer’s holding. Linde shall invoice the Customer at the end of each applicable invoicing period in accordance with the Payment Terms.
2. Linde shall have the right to adjust the rental charge of the Gas Containers at its discretion provided that Linde shall have sent a notification the Customer before adjusting the rental.

CUSTOMER'S RESPONSIBILITIES
1. Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Products, the time when Linde has tendered delivery of the Products.
2. Notwithstanding delivery and the passing of risk in Products or any other provision of these General Terms & Conditions the property in the Products shall not pass to the Customer until Linde has received payment in full of the price of the Products for which payment is due. The foregoing shall not apply to Gas Containers, which shall at all times remain the property of Linde.
3. The Customer shall indemnify Linde against all Losses incurred by the Customer in connection with the assertion and enforcement of Seller's rights under this condition.

LIABILITY, WARRANTY & EXCLUSIONS
1. Maximum Liability: Notwithstanding any other provision of these General Terms & Conditions, Linde’s maximum cumulative liability to Customer or to any other party for all Losses under, arising out of, or relating to the sale of Products under each Customer Contract will not exceed the sums paid by Customer to Linde under such Customer Contract.
2. Linde shall not be liable to Customer for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with (i) amounts due from other users of the Platform in connection with the purchase of any Product; (ii) the sale of Products to Customers, or its use or resale by Customers; and (iii) any defect arising from fair wear and tear, willful damage, misuse, negligence, accidents, improper storage and/or working conditions, alterations or modifications of Products or any failure to comply with Linde’s instructions on the use of the Products (whether oral or written).
3. Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Linde via the Platform on the applicable Product page for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Linde excludes (unless expressly prohibited by applicable mandatory law) all other expressed or implied terms, warranties or conditions with respect to the Products supplied.
4. Customer shall comply with any technical specifications provided by Linde or the Product manufacturer. While Linde endeavours to provide an accurate description of the Products, Linde does not warrant that such description is accurate, current or free from error. Linde does not warrant or guarantee that Products are suitable for Customer’s intended use or process.
5. Where any Products supplied by Linde via the Platform have not been manufactured by Linde, to the extent Linde is able to do so Linde shall pass through to Customers the benefit of any manufacturer’s warranty where it is available, except in the event of user damaged and disposable and perishable items. All other liability is excluded in accordance with this Agreement.
6. Customer’s acknowledgement: Customer acknowledges and warrants that it has not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Linde which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by Linde.
7. Linde’s liability for indirect or consequential loss or damage (including but not limited to, loss of revenue, loss of production, loss of profit, loss of customers, loss of contracts, and loss of custom, goodwill or reputation) is excluded.
8. Customer indemnifies Linde against any loss, damage or claims arising from Linde’s presence on Customer’s site except to the extent caused by Linde’s negligence.
9. No representations or warranties: Without prejudice to the generality of the foregoing Clause 12.3:
  1. Linde shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of Linde, addition and insertion of parts, in particular of spare parts which do not come from Linde;
  2. Linde is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Linde’s prior written approval and the Customer shall indemnify Linde against all Losses arising out of such claims;
  3. Linde shall be under no liability under a Product Warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
  4. Linde shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.
10. To the extent permitted by applicable laws and except as expressly set out in this Agreement, Linde shall have no liability in connection with this Agreement except as set forth in this Clause 12.

INTELLECTUAL PROPERTY & CONFIDENTIALITY
1. Intellectual Property: Unless the prior written consent of Linde has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
2. Any know how, information or documents supplied at any time by Linde to Customer shall be treated as confidential by Customer and shall not be disclosed to any third party or used for any purpose other than for the purpose of this Agreement without the prior written consent of Linde, unless and until the same is public knowledge other than through default of Customer or comes into Customer’s possession bona fide from a third party.
3. Linde retains all intellectual property rights in its drawings, specifications, data and all other information and documents prepared by Linde for Customer in whatever medium.
4. The obligations set out in this Clause 13 shall survive termination or expiry of this Agreement.

TERMINATION
1. Cancellation by Customer: Customers may request to cancel a Customer Contract before Linde dispatches the Products under such Customer Contract by contacting Linde’s Customer Care Centre by phone. Upon receipt of a request for cancellation of a Customer Contract, Linde shall assess whether it shall approve or reject such cancellation request, on a case by case basis. If the Products have already been dispatched, Customers may not request to cancel the Customer Contract but may only return the Products in accordance with Clause 7.
2. Cancellation by Linde: Without prejudice to any other right of termination elsewhere in these General Terms & Conditions, Linde may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
  1. the Products under the Customer Contract being unavailable for any reason;
  2. the Customer being in breach of an obligation under the Customer Contract;
  3. the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
  4. the making of an administration order in relation to the Customer or the appointment of a receiver taking possession of or selling any of the Customer’s assets; or
  5. the Customer making an arrangement or composition with its creditors generally or applying to a court of competent jurisdiction for protection from its creditors.
3. On suspension termination under any circumstances, Linde may recover possession of any Products or Gas Containers belonging to Linde (and, where relevant, possession and title to any Customer’s Gas in any Gas Containers at no charge to Linde), and Customer irrevocably authorizes Linde to enter its premises for this purpose. Customer must pay Linde’s charges for the costs of removal of Linde’s Gas Containers. Any delay by Linde in removing its Gas Containers will not waive Linde’s rights not give Customer any right over Linde’s property.

GENERAL
1. Cumulative rights and remedies: Unless otherwise provided under these General Terms & Conditions, the provisions of these General Terms & Conditions and Linde’s rights and remedies under these General Terms & Conditions are cumulative and are without prejudice and in addition to any rights or remedies Linde may have in law or in equity, and no exercise by Linde of any one right or remedy under these General Terms & Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these General Terms & Conditions or at law or in equity) operate so as to hinder or prevent Linde’s exercise of any other such right or remedy as at law or in equity.
2. No waiver: Linde’s failure to enforce these General Terms & Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these General Terms & Conditions. Linde would still be entitled to use its rights and remedies in any other situation where Customer breaches these General Terms & Conditions.
3. Severability: If at any time any provision of these General Terms & Conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these General Terms & Conditions.
4. Rights of third parties: A person or entity who is not a party to these General Terms & Conditions shall have no right under any legislation in any jurisdiction to enforce any term of these General Terms & Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these General Terms & Conditions.
5. Governing law: These General Terms & Conditions shall be governed by and construed in accordance with the laws of Thailand and Customer hereby submits to the exclusive jurisdiction of the Courts of Thailand.
6. Injunctive relief: Linde may seek immediate injunctive relief if Linde makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
7. Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Linde’s part shall be subject to correction without any liability on Linde’s part.
8. Currency: Money references under these General Terms & Conditions shall be in Thai
9. Language: In the event that these General Terms & Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these General Terms & Conditions shall govern and shall take precedence over the Foreign Language Version.
10. Entire agreement: These General Terms & Conditions along with any Customer Contract shall constitute the entire agreement between Customer and Linde relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
11. Binding and conclusive: Customer acknowledges and agrees that any records (including records of any telephone conversations relating to the Products purchased via the Platform) maintained by Linde or its service providers relating to or in connection with the Platform shall be binding and conclusive on Customer for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Linde and Customer. Customer hereby agrees that all such records are admissible in evidence and that Customer shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and Customer hereby waives any of its rights, if any, to so object.
12. Subcontracting and delegation: Linde reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these General Terms & Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Linde deems appropriate.
13. Assignment: Customer may not assign its rights under these General Terms & Conditions without Linde’s prior written consent. Linde may assign its rights under these General Terms & Conditions to any third party.
14. Force Majeure: Linde shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these General Terms & Conditions or any Customer Contract (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Linde’s reasonable control.