These General Terms and Conditions apply to all quotations, contracts, sales, installations, system testing, and services provided by ONVALLA Co., Ltd. for crane and hoist systems, material handling equipment, and solar energy systems, unless otherwise agreed in writing. These Terms and Conditions shall constitute a binding part of all commercial transactions conducted with ONVALLA.
Section A: General Terms and Conditions
Commercial and Legal Framework
1. Scope of Application & Supply
All work shall strictly comply with the following documents:
- Approved quotation
- Mutually agreed scope of supply
- Approved technical documents and drawings, where applicable
Only items explicitly stated in the approved quotation shall be deemed included in the scope of work. Any service or feature not expressly specified shall be deemed outside the scope of ONVALLA’s responsibilities and obligations.
2. Quotation & Contract Formation
The contract shall become legally binding when:
- A written agreement has been mutually signed, or a Letter of Award (LOA) has been issued; and
- The Company has received the deposit amount specified in the quotation.
3. Product Standard Policy
3.1 Standard Delivery
All equipment shall be supplied in accordance with the manufacturer’s standard industrial specifications unless otherwise agreed in writing. This includes materials, design, components, surface finishing, and operating characteristics according to industry standards. Any customization, change of equipment brand, or addition of special features must be confirmed in writing and may result in adjustments to the price and delivery schedule.
3.2 Performance-Based Acceptance
Project acceptance shall be determined primarily based on compliance with the agreed technical specifications, successful installation, and successful performance testing of the system in accordance with the specified standards. Personal expectations, preferences, aesthetic comparisons, or assumptions not specified in the contract shall not constitute grounds for rejection of the work.
3.3 Characteristics of Industrial Equipment
The Customer acknowledges that industrial equipment and machinery may have normal operating characteristics, including operating noise, vibration within acceptable limits, structural movement within designed parameters, or minor variations in the surface finish of structural steel. Such characteristics shall not be considered defects if the equipment performs in accordance with the agreed specifications.
4. Variations & Changes
Any changes to the scope of work, technical specifications, or project schedule must be formally confirmed in writing. Approved changes may result in adjustments to the contract value, delivery schedule, and technical parameters. Verbal instructions or requests shall not be binding until documented and mutually confirmed in writing by both parties.
5. Pricing & Payment Terms
- Prices quoted are exclusive of Value Added Tax (VAT), unless otherwise specified.
- Payment terms shall strictly follow those stated in the quotation. ONVALLA reserves the right to issue progress billing or billing by work category as agreed.
- ONVALLA reserves the right to suspend work, delivery, or services in the event of delayed payment.
- ONVALLA reserves the right to charge default interest at the rate prescribed by law in the event of overdue payment.
6. Project Delivery & Installation Standards
Project delivery and completion shall be determined based on successful installation, Functional Testing, and system Commissioning. Acceptance shall be based on operational performance in accordance with the specifications and scope of work stated in the relevant documents.
7. Delays & Additional Costs
If delays occur due to matters attributable to the Customer, site unavailability, delayed approvals, legal requirements, force majeure, or events beyond ONVALLA’s control, ONVALLA reserves the right to extend the project schedule. The project schedule shall be adjusted as appropriate, and the Customer agrees to be responsible for all actual costs incurred, including:
- Bank Guarantee (BG) or bond extension fees
- Insurance coverage extension fees
- Standby labor and personnel mobilization costs
- Equipment storage costs
- Product price adjustments and related financial costs
8. Risk & Limitation of Liability
Risk of loss or damage shall pass to the Customer upon delivery of the goods at the site or upon completion of installation.
ONVALLA shall not be liable for any indirect or consequential damages, including but not limited to loss of production, loss of profits, business interruption, or third-party claims. ONVALLA’s liability shall be limited to the repair or replacement of defective parts, and the maximum aggregate liability shall not exceed the contract value.
9. Ownership, Title, and Offsetting Debts
Retention of Title: Title to the goods shall remain with ONVALLA Co., Ltd. until full payment has been received in accordance with the contract.
Prohibition of Set-Off: The Customer shall not withhold payments, deduct expenses, or set off any amounts on the basis of any alleged damages without prior written mutual agreement.
10. Force Majeure
ONVALLA shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including natural disasters, strikes, government actions, supply chain disruptions, material shortages, war, contagious diseases, or similar events.
11. Governing Law
All agreements and disputes shall be governed by and construed in accordance with the laws of the Kingdom of Thailand.
Section B: Service Level Agreement (SLA)
Service Performance Commitment
1. SLA Effective Date
This SLA shall become effective from the date the contract becomes effective or when the sale has been agreed upon, as applicable.
2. Standard Business Hours
- Hours: 08:00 – 17:00, Monday to Saturday (excluding public holidays).
- Outside Business Hours: Emergency services outside standard business hours may be provided subject to project-specific agreement.
3. Service Definitions
Response Time: The period from the time the Customer reports an issue until the first formal acknowledgment by ONVALLA.
Resolution Time: The period required to restore the system to normal operation.
Emergency: Complete system shutdown or a safety-related failure that prevents the equipment or system from being operated.
4. Service Response Commitment
| Service Level | Response Time | Target Resolution Time |
|---|---|---|
| Emergency | Within 2 hours | 4 – 24 hours |
| Major Issue | Within 8 business hours | 1 – 2 business days |
| General Issue | Within 24 hours | Scheduled service visit |
Note: Resolution time may vary depending on site accessibility, project location, and spare parts availability.
5. Product-Specific Service Standards
Crane & Hoist Systems: Emergency cases include complete system shutdown or failure of critical safety equipment.
Loading Bay Equipment: Emergency cases include complete failure of the Dock Leveler or door resulting in disruption to material handling operations.
Solar Energy Systems: Emergency cases include inverter failure or complete loss of power generation. Fluctuations in power generation caused by weather conditions or the electrical grid shall not be considered a system defect.
6. Preventive Maintenance
For maximum reliability, ONVALLA provides a preventive maintenance program covering electrical and mechanical system inspections, safety testing, and summary reporting. The Customer shall allow the equipment to be taken out of service for approximately 3 hours per unit during inspection.
7. Warranty Conditions
The warranty covers manufacturing defects under normal operation within the specified warranty period. The warranty does not cover:
- Consumable and normally worn parts
- Misuse, improper operation, or operation beyond specified capacity
- Modification or repair by third parties
- Failure to perform scheduled preventive maintenance
- External factors such as electrical fluctuations or environmental conditions beyond the equipment’s design parameters
8. Customer Responsibilities
- Provide safe and continuous access to the equipment area.
- Operate the equipment within its rated capacity and comply with safety instructions.
- Ensure that only trained and authorized personnel operate the equipment.
- Notify ONVALLA immediately of any operational issues.
- Inspect and sign the Handover Certificate immediately or within 7 days from notification by ONVALLA. If the period expires, the work shall be deemed duly and fully accepted by the Customer.
9. Service Suspension & Termination
Service Suspension: ONVALLA reserves the right to immediately suspend maintenance or repair services in the event of overdue payments or if the site presents safety risks.
Termination: This SLA forms part of the main contract and shall remain effective for as long as the main contract remains in force.
Document-Specific Notes
1. Quotation Notes
- Prices quoted are exclusive of Value Added Tax (VAT).
- The scope of work includes only items explicitly stated in this quotation.
- This quotation becomes a binding contract upon mutual signature or receipt of the specified deposit.
- The Company reserves the right to suspend work or delivery in the event of payment delays.
- Upon completion of the work, the Employer shall inspect and sign the Handover Certificate immediately or within 7 days of notification by the Contractor.
- If the aforementioned period expires without a signed certificate or written notice of defects, the work shall be deemed fully accepted, and the Contractor reserves the right to invoice for payment immediately as per the contract terms.
2. Delivery Document Notes
- Risk of loss or damage to the goods shall pass to the Customer upon delivery at the site or completion of installation.
- Title to the goods remains with ALLA Public Co., Ltd. until full payment of the contract price is received.
- Any delays in delivery or installation caused by site unreadiness or the Customer’s actions shall be the responsibility of the Customer, including all actual costs incurred.
- The Customer must provide safe and continuous access to the equipment area to ensure delivery and installation proceed as planned.
3. Handover Certificate Notes
- Upon completion of the work, the Employer shall inspect and sign this Handover Certificate immediately or within 7 days of notification from the Contractor.
- If the aforementioned period expires without a signed certificate or written notice of defects, the work is deemed fully accepted, and the Contractor is entitled to immediate payment according to the contract terms.
- Acceptance is based on technical compliance and successful system testing, excluding personal aesthetic preferences or minor surface variations typical of industrial equipment.
- The Customer shall not withhold payments or set off any amounts without prior written mutual agreement.
4. Warranty Document Notes
- The warranty covers manufacturing defects under normal operating conditions and is limited to the repair or replacement of defective parts.
- This warranty does not cover consumables, misuse, third-party modifications, failure to perform Preventive Maintenance (PM), or external factors such as power fluctuations.
- The Company is not liable for indirect damages, including loss of production, loss of profits, or business interruption.
- The Company reserves the right to immediately suspend warranty or SLA services in the event of overdue payments.
- The Service Level Agreement (SLA) commences upon contract effectiveness or successful handover of the work.
