Refer as our discuss about remain “Service Contract PM X-Ray ” which customer was signed agreement with DKSH in 2013 but FITH will continue to do PM for our customer detail as per attachment
Pls kindly check and reply how to compensate this cost for us.
I really hope that you will keep your promise which you have been done with me during our last time discussion about above topic.
If I remembered correctly from our discussion last time when you and Christian were here in my office, you said that Fischer Thailand will take care for doing PM for existing customer by yourselves without any charging to DKSH (Thailand) following below reasons:
- You concern about service capability as we wouldn't have any service staffs and service tools left at DKSH after Jan 2014
- You also told me that you will care for customer more than this service contract amount
- All commission have been paid to our old service staffs (now your exiting service staffs) which is due to our company policy that we will pay after collection. Including new collection after these staffs left, both sales and service, we are doing to pay them commission as I have confirmed to both, you and Christian
- You didn't mention clearly in termination agreement about this preventive maintenance contract transfer with cost charging. Which is also difficult for me to make any decision
- As you may know that it may quite difficult that DKSH will go back and discuss with customer asking them to cancel their service contract as both of customer account and DKSH account already close financial last year. Then, it wouldn't be good for both of us about reputation of business transfer which we already announced in your letter that it wouldn't cause or be effected to our customer
So, I would appreciate if you will please consider. Or you may need to discuss with our cooperation, Gabriela in Zurich if you think that it will be your serious issue about this claim.
thank you for your considerations with regard to the detailed handling of the already invoiced but not yet executed service contracts by DKSH in Thailand.
I do not think that we have specifically discussed about this topic during our discussion, but certainly that Fischer will take over the warranty commitment and normal service work as of January 1, 2014 without charging to DKSH. This is also mentioned in the formal signed agreement (paragraph 3.13).
Since we have not specified this topic in the agreement we thought it would be normal business practice to charge DKSH back on a prorate basis. In fact Fischer Thailand will have to do maintenance work that goes beyond the normal warranty and service work and DKSH has taken the money for it without completing the contract.
After discussion with Dokkun and in the interest of a friendly transition from DKSH to Fischer Thailand we will not invoice to DKSH the said amount of THB 191’743.14 but still complete the service contracts for our customers.