What should an Authorised Repair Centre Agreement include under Thai law?

1. Definitions and Interpretation
2. Appointment
3. Term
4. Standards of Service
5. Warranty Repairs and Paid Repairs
6. Warranty Claims and Payment
7. Spare Parts
8. Customer Data and Customer Devices
9. Safety and Recalls
10. Liability and Indemnities
11. Confidentiality and Compliance
12. Force Majeure
13. Termination
14. Notices
15. Governing Law and Disputes
16. General

• Train and certify the technicians and give access to the service portal and diagnostic software before the Commencement Date (Clause 4.2). A Service Centre without at least … certified technicians for more than 60 days may be terminated (Clause 13.2).
• Put the full Warranty Policy on the Principal's website and give the Service Centre the current version. Schedule 2 is only a summary. Changes apply only to products sold after 30 days' notice (Clause 4.4).
• The words "Authorised Service Centre" and the brand logo may be used only to show that status (Clause 2.2). That use does not need a registered trademark licence. If the Service Centre is to sell goods or services under the brand, make a separate trademark licence and register it with the Department of Intellectual Property (Trademark Act section 68).

• Warranty Repairs are free for Customers (Clause 5.1). For Paid Repairs, the Service Centre sets its own prices but must give a written estimate and get the Customer's consent first (Clause 5.3). Clear job tickets and estimates prevent most consumer complaints.
• Customers often leave products uncollected. The Service Centre's own terms with Customers should say how long it keeps a product and what happens after that (Clause 5.4).
• Under the Unsafe Products Liability Act B.E. 2551 (2008), the manufacturer, importer and seller are jointly liable to a person injured by an unsafe product. The Principal indemnifies the Service Centre for design and manufacturing defects, and the Service Centre is responsible for its own workmanship (Clause 10.1 and Clause 10.2). Report safety incidents within 2 Business Days (Clause 9.1).

• Phones, computers and smart devices hold personal data. Under the Personal Data Protection Act B.E. 2562 (2019), the Service Centre acts as the Principal's data processor for warranty claims (Clause 8.1), which requires the written processing terms in that Clause (section 40). It is a separate controller for its own Paid Repair customers.
• Staff must not browse, copy or keep data on a device (Clause 8.2). Ask Customers to back up and remove passwords where possible, and get written consent before any factory reset.

• Submit Claims within … days after each repair with photographs and serial numbers (Clause 6.1). The Principal must answer within 15 Business Days, or the Claim is treated as approved (Clause 6.2).
• The Principal may check paid Claims for 12 months and recover invalid ones with evidence (Clause 6.5). Keep job tickets, photographs and removed parts until the Principal's return period ends (Clause 7.3).
• Removed batteries and electronic parts must go to a licensed waste operator, never back into the market.

• Warranty repairs carried out for the Principal are a hire of work (Instrument 4 of the Stamp Duty Schedule). The Service Centre pays duty of 1 THB for every 1,000 THB or part of 1,000 THB of the fees (Clause 6.6). On the Contract Value you entered, the duty on the original is the amount the system calculates from the figures entered, and each counterpart carries the amount the system calculates from the figures entered.Because the fees are in …, convert the Contract Value to Thai Baht at the exchange rate on the date of signing and calculate the duty on the Baht amount.
• The Contract Value covers only the first Contract Year and is an estimate. Additional duty is due when the Warranty Service Fees actually received exceed it and for each later year. Duty on an electronically signed agreement is paid through the Revenue Department's e-Stamp Duty system within 15 days after signing. An unstamped agreement cannot be used as evidence in a Thai civil court until the duty and a surcharge are paid.

• A Thai company paying warranty service fees to a Thai Service Centre normally withholds 3% and issues a certificate, and receives a VAT invoice. Genuine Parts sold to the Service Centre are a sale of goods with VAT but no withholding.
• If the Principal is abroad, it pays the Service Centre without Thai withholding; a VAT-registered Service Centre should ask its accountant whether VAT at 0% applies to services for a foreign Principal.

• Remove signs and logos within 14 days, finish or transfer open repairs, and return tools and software (Clause 13.3).
• The Principal buys back unused Genuine Parts bought in the last 12 months, less a …% handling charge, if asked within 30 days (Clause 13.4). This follows the principle that a supplier should not leave its network partner with stock it cannot use.
• Late payment interest is agreed at …% per year. The statutory default rate for money debts is 5% per year (Civil and Commercial Code section 224), and a Thai court may reduce an agreed rate that it finds excessive (section 383).

• Each Party signs through its authorised director, as shown in its company affidavit or home registration document. Clause 16.7 allows electronic signatures and signed PDF copies.
• A Thai court works in Thai, so a Party relying on this Agreement in court must file a certified Thai translation. Warranty Repairs for Customers continue while a dispute is resolved (Clause 15.4).

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-B82C71. If you reuse this content, please credit the author and link to the original.