What should a Vending Machine Site Agreement include under Thai law?

1. Definitions and Interpretation
2. Grant and Term
3. Installation and Machines
4. Access, Services and Relocation
5. Site Fee and Payment
6. Products, Customers and Compliance
7. Data and Cameras
8. Insurance and Liability
9. Termination and Removal
10. Notices, Law and General

• Letting space in a building is a lease for stamp duty (Instrument 1): 1 THB for every 1,000 THB or part of 1,000 THB of the total Site Fee for the Term. On the monthly amount and the Term you entered, the duty is the amount the system calculates from the figures entered on the original and the amount the system calculates from the figures entered on each counterpart. Because the Site Fee depends on sales, the figure is an estimate; if the actual Site Fees turn out higher, pay the additional duty.
• The Operator pays the duty (Clause 5.5).The Host pays the duty (Clause 5.5).The Parties share the duty (Clause 5.5). By law, the lessor is liable to the Revenue Department if the duty is not paid, even where the Parties agree otherwise. Because the total is 1,000,000 THB or more, the duty must be paid in money to the Revenue Department 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 company or juristic person that pays a Site Fee to the Host may have to withhold tax on it as rent and must give the withholding tax certificate (Clause 5.4). Ask your accountant about the rate that applies.
• A Host that is a condominium juristic person should check whether its regulations allow it to let common property and how the income must be used.

• Agree the exact location of each Machine, check that it does not block a fire exit or walkway, and take photographs of each Site before installation, because the Operator must restore the Sites when it leaves (Clause 9.4).
• A Host that is itself a tenant must check that its own lease allows it to let space for vending machines (Clause 2.4).
• Check that each Machine with a camera shows a camera sign and privacy notice (Clause 7.2).

• Check the monthly sales reports against the payments. The Host may inspect the sales records once a year (Clause 5.2).
• Read the sub-meter together each month and keep a photograph of the reading (Clause 4.2).
• Customer complaints and refunds are the Operator's responsibility. Pass them on to the number shown on the Machine (Clause 6.3).

• The Operator must remove the Machines within … days after the end (Clause 9.4). The Host may move them into storage only after a further 14 days' notice and must not sell them without a court order.
• A Thai court works in Thai. A Party that relies on this Agreement in court must file a certified Thai translation.

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-389AE7. If you reuse this content, please credit the author and link to the original.