Legal

Terms & Conditions
HydroNeo (Thailand) Company

Version V.21.1 — Effective June 1, 2020

Thank you for using our products and services provided by

HydroNeo (Thailand) Company Limited
Electronic Commerce Registration Number: 0105563083712

By using our products and services, you agree to these terms. Please read the terms and conditions listed below carefully. Our products and services cover various offerings, and in some cases, additional requirements or specifications may apply.

These additional terms will accompany the applicable product or service and/or be provided on our website. Such additional terms will form part of your agreement with us when you use those specific products and/or services.

1. General

1.1 Acceptance of Terms

These Terms and Conditions are referenced in all quotations and/or purchase orders issued by HydroNeo (Thailand) Company Limited. By accepting a quotation, placing an order, or using our products and services, the Buyer acknowledges and agrees to these Terms and Conditions in full.

 

1.2 Applicability

These standard Terms and Conditions apply to all contracts, agreements, quotations, and purchase orders between HydroNeo (Thailand) Company Limited (“Seller”) and its customers or purchasers (“Buyer”), unless expressly overridden by a separate written agreement signed by both parties.

2. Interpretation/Definitions

In these terms and conditions:

  • Product: Any item, component, or equipment sold or supplied by HydroNeo (Thailand) Company Limited, as specified in the quotation and/or purchase order (e.g., HydroNeo Control Unit). Referred to as “Product,” “Goods,” or “Hardware.”

 

  • Service: The collection, storage, and provision of data and analysis through the HydroNeo Cloud Service, as well as the remote control or automation of hardware linked to the HydroNeo Control Unit via the HydroNeo Application. Together, the HydroNeo Cloud System and the HydroNeo Application are referred to as the “HydroNeo Software.”

 

  • Seller: HydroNeo (Thailand) Company Limited, a company duly registered in Bangkok, Thailand (Registration No. 0105563083712). Referred to as “HydroNeo (Thailand) Co., Ltd.,” “We,” or “Us.”

 

  • Buyer: The legal entity or individual (“Customer” or “You”) accepting quotations and/or purchase orders issued by HydroNeo (Thailand) Company Limited.

 

  • Quotation: A written offer provided by the Seller outlining the products and services offered to the Buyer at a specified price. Acceptance of the quotation, either by signature or full/partial payment, constitutes a binding contract (“Order”).

3. Quotation and Conclusion of Contract

3.1 Validity of Quotations

All quotations are valid for the period specified in the quotation. If no period is specified, the standard validity period is thirty (30) days from the date of issuance.

 

3.2 Contract Formation

A contract becomes binding when:

  • The Buyer signs and returns the quotation to HydroNeo; or
  • The Buyer makes a full or partial payment as specified in the quotation.

Upon receiving the signed quotation or payment, HydroNeo will issue an Order Confirmation to finalize the contract.

 

3.3 Confirmation Requirement

All verbal communications, agreements, and quotations must be confirmed in writing to be legally effective.

 

3.4 Availability Check

Upon acceptance of the quotation, HydroNeo will verify the availability of products or components. The Buyer will be promptly notified of any delays or unavailability. If necessary, HydroNeo may offer alternative products or solutions.

4. Price and Payment Terms

4.1 Pricing

All prices are quoted in Thai Baht (THB). Additional costs such as shipping, installation, and applicable taxes (including VAT) are not included unless explicitly stated in the quotation or order form.

 

4.2 Price Adjustments

HydroNeo reserves the right to adjust prices if material costs, labor costs, or other factors increase between contract conclusion and delivery. The Buyer will be notified of any such adjustments in advance.

 

4.3 Payment Terms

Payment deadlines are specified in the quotation or order confirmation. Payments must be made on or before the due date. Late payments will incur a late payment fee of 250 THB per outstanding payment to cover additional administrative costs.

 

4.4 Payment Methods

Payments can be made via bank transfer or any other method specified in the quotation or mutually agreed upon by both parties. Bank account details will be provided in the quotation.

5. Transfer of Product Ownership

Ownership of all products remains with HydroNeo until the full purchase amount, including any applicable fees, has been received by the Seller.

In cases where payment by installments is agreed upon, the following conditions apply:

  • Ownership remains with HydroNeo until the Buyer completes all installment payments.

  • If the Buyer suspends or defaults on installment payments, the Buyer agrees to return all products received under the order immediately.

  • Any installments paid up to that point will be forfeited to HydroNeo.

 

HydroNeo reserves the right to repossess products after providing the Buyer with a written warning.

6. Subscription and Software Services

6.1 Subscription Services

Certain services are billed on a subscription basis (“Subscription”). Subscriptions are invoiced in advance on a recurring basis. Typically, the Customer’s order will specify the subscription period, which is included in the price and quotation. By accepting the order, the Customer acknowledges and agrees to the applicable fees.

 

6.2 Service Renewal

To renew a subscription, the Customer must request a new quotation specifying the usage period and price. Continued use of the services beyond the initial period requires acceptance of the new quotation.

 

6.3 Software License

HydroNeo grants the Buyer a personal, non-exclusive, non-transferable license to use the HydroNeo Software solely for accessing the services. This license is limited to the number of users specified in the quotation.

 

6.4 Restrictions

The Buyer may not:

  • Copy, modify, distribute, sell, lease, or sublicense the HydroNeo Software.
  • Reverse-engineer, decompile, or attempt to extract the source code, unless permitted by law or with HydroNeo’s written consent.

 

6.5 Service Modifications

HydroNeo continually improves its services and reserves the right to add, modify, or remove features at any time. If a service is suspended or discontinued, HydroNeo will provide reasonable notice where feasible.

7. Privacy Rights

HydroNeo is committed to protecting your privacy. Our Data Protection and Privacy Policy outlines how we collect, use, and protect your personal data. By using our services, you agree to HydroNeo’s use of your data as described in our Data Protection and Privacy Policy.

 

7.1 Authorized Access

Only HydroNeo’s authorized employees have access to customer data and are permitted to use this data solely to perform their assigned duties.

 

7.2 Aggregate Data Use

Farm-related data may be used in an aggregated and anonymized form for purposes such as analyzing trends in shrimp farming at a regional or national level. This ensures insights can be shared without compromising individual privacy.

8. Inspection and Defect Reporting

8.1 Inspection Requirement

The Buyer must inspect the products immediately upon receipt.

 

8.2 Defect Reporting

The Buyer must notify HydroNeo in writing of any defects, damages, or non-conformities within three (3) days of receiving the products. If a shorter period is specified in the quotation, that period will apply.

 

8.3 Consequences of Late Notification

Failure to report defects within the specified time frame constitutes:

  • Waiver of the Buyer’s right to inspect and/or reject the products for non-conformity.
  • Acceptance of the products as-is.

 

8.4 Transit Damage Claims

Claims for loss or damage during transit must be directed to the carrier, unless different terms are specified in the purchase order.

9. Warranty and Limitations

9.1 Warranty Period

HydroNeo warrants that its products are free from defects in materials and workmanship for a period of one (1) year from the date of installation, unless a longer period is specified in the product documentation or required by law.

 

9.2 Warranty Conditions

To qualify for warranty coverage, the Buyer must:

  • Notify HydroNeo in writing of any defect within ten (10) days of discovering the issue.
  • Provide detailed information about the defect.

 

9.3 Warranty Exclusions

The warranty does not cover products or parts that:

  • Unauthorized Repairs: These are repaired by a third party without HydroNeo’s written consent.

  • Misuse/Neglect: These are subject to misuse, neglect, accident, or alteration.

  • Non-Compliance: These are installed, operated, or maintained contrary to HydroNeo’s instructions or user manual.

  • Wear and Tear: These are damaged due to normal wear and tear, corrosion, or chemical reactions.

  • Power Surges: These are damaged due to power surges, faulty electrical connections, or improper electrical infrastructure.

  • Defective Power Supply: These are damaged due to improper electrical protection or power supply issues.

  • Unverified Accessories: These are damaged by accessories not sold or approved by HydroNeo.

  • Third-Party Components: These include parts not manufactured by HydroNeo (these may carry a separate supplier warranty).

  • Consumables: Have limited service life, such as sensor covers for dissolved oxygen (DO) sensors, ion-sensitive sensors, or pH sensors.

 

9.4 Remedies

HydroNeo will, at its discretion, repair or replace defective products free of charge. If the Buyer rejects HydroNeo’s proposed repair or replacement, all warranty rights are waived. Repaired or replaced parts are covered for the remainder of the original warranty period.

10. Liability

10.1 Limitation of Seller’s Liability

Unless otherwise required by law, the Seller’s liability shall not exceed the total amount paid by the Buyer under this Agreement. In no event shall the Seller be liable for:

  • Lost profits, anticipated savings, or revenue.
  • Lost income, business, production, or opportunities.
  • Loss of reputation or goodwill.
  • Consequential, compensatory, or indirect damages.
  • Damages arising from prior agreements between the parties.

 

These limitations apply regardless of the cause, including the Seller’s actions, omissions, or strict liability related to performance or non-performance of any provision of this Agreement.

 

10.2 Exclusive Remedies

If the Agreement provides specific remedies for default or breach, those remedies shall be the sole responsibility of the Seller and the sole right of the Buyer. All other remedies available at law are waived.

This section shall survive the expiration or termination of the Agreement and shall take precedence over any conflicting terms in the Agreement.

11. Refund Policy

No refunds will be issued once the service has commenced and is performing as intended. Payments for unused services are non-refundable due to obligations with telecommunications providers, data storage costs, and bandwidth expenses. These costs are incurred in advance on behalf of the Buyer.

12. Cancellation and Termination

12.1 Cancellation of Orders

Unless otherwise stated in this Agreement, a signed purchase order cannot be canceled unless:

  • A written cancellation request is submitted by one party.
  • The cancellation is accepted in writing by the other party.

 

12.2 Cancellation Fees

If the Buyer requests cancellation, the Buyer must pay a cancellation fee to the Seller within fourteen (14) days of the cancellation request. This fee includes all costs incurred by the Seller prior to receiving the cancellation request.

13. Applicable Law

These Terms and Conditions are governed by and construed in accordance with the laws of Thailand. The Buyer consents to the exclusive jurisdiction of the courts of Thailand, particularly those located in the Bangkok Metropolitan Area.

14. Force Majeure

The Seller may cancel, terminate, or suspend the Agreement without liability for failure to deliver or perform due to Force Majeure.

 

14.1 Definition of Force Majeure

“Force Majeure” refers to events or circumstances beyond the Seller’s reasonable control, including but not limited to:

  • Natural disasters (earthquakes, floods, hurricanes).
  • Wars, terrorism, or civil unrest.
  • Government actions, regulations, or sanctions.
  • Labor strikes, shortages, or disputes.
  • Power outages, transportation delays, or supply chain disruptions.

 

In such cases, the Seller will notify the Buyer promptly and take reasonable steps to mitigate delays or non-performance.

15. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be deemed severed. The remaining provisions will remain in full force and effect.

16. About These Terms

16.1 Amendments

HydroNeo reserves the right to amend these Terms and any additional terms applicable to specific products or services. Amendments may be made to reflect:

  • Changes in law or regulation.
  • Updates to our services or functionality.

 

16.2 Notification of Changes

If the amendment is material, HydroNeo will provide at least seven (7) days’ notice before the new terms take effect. Notice will be provided via our website or other appropriate channels.

 

16.3 Effective Date of Changes

  • Non-material changes will take effect seven (7) days after being posted.
  • Changes related to new functionality or legal compliance will take effect immediately.

 

Buyers are encouraged to review these Terms regularly to stay informed of updates.

17. Contact Us

If you have any questions about these Terms and Conditions please contact us directly:

 

  • By mail:
    HydroNeo (Thailand) Co., Ltd.
    9th floor, Skulthai Surawong Tower
    Surawong Road, Suriyawong, Bangrak,
    Bangkok, Thailand, 10500

Take your business to the next level.

Transform your operations with smarter, better solutions that help your business evolve. Join the buzz — follow us for updates or schedule a meeting today to connect one-on-one!

Ussman Nilsa-ad (Aman, HydroNeo Marketing Lead)