9.1 SVT warrants that SVT has full and unimpeded right over the tank trucks provided for the transportation service under this contract and that SVT shall not transfer the afore said tank trucks to any other persons during the term of this contract and for the extended period, if contract is renewed for further period.
9.2 The tank truck shall at all times be fully equipped with safety equipments as required by the applicable law, rules and regulation with regard to the transportation of products, Customer’s safety rules and regulations, industrial practice of the same including safety standards of the Thailand.
9.3 The tank trucks / trailers are fully authorized and licensed under all relevant laws, regulations and rules for operation of products. If at any time during the term of this contract the laws, regulations and rules have changed or been modified, SVT shall at its own cost change or modify the same to comply with the said laws, regulations, rules and safety standard of Thailand.
9.4 SVT represents that it is aware of the nature and characteristics of the products and shall take all precautionary measures and will also strictly comply with the directions as may be given by customers from time to time.
9.5 SVT shall provide legally and industrially qualified personnel acceptable to customers for the performance of the transportation service and shall submit the resumes which includes his identification card and house registration and photographs of the personnel in particular the drivers to customers for safety and security reasons.
Customer is entitled to reasonably refuse any SVT’s personnel to carry out the transportation services and to prohibit the entering into Customer’s plant and / or storage tanks and to instruct SVT to change the personnel and / or
driver (S) who fail (S) to perform or breaches any provision of the safety and security rules and / or of this contract and / or for whom customer is of reasonable opinion that he is not appropriate for the job assigned and SVT shall strictly comply to customers’ instruction accordingly and shall take immediate action for replacement by new personnel / drivers to customers’ satisfaction.
SVT, its employees and its authorized persons shall comply with the applicable laws, rules and regulations and the safety and security rules and regulations applicable at customer’s plant and / or storage tanks during SVT’ s performance of the transportation services. Customers reserve the right to deny or refuse the entry of SVT’s employees or the authorized person breach of refuse to comply with customers’ safety and security rules and other regulations.
9.6 SVT shall provide transportation services with its utmost due care and diligence as the professional transporter of the like kind will effectively perform and in strict compliance with Thai inland transportation laws, and the government bodies’ rules and regulations applicable as at the time of performance throughout the contract duration or any extended time.
10. FORCE MAJEURE
10.1 During the period of Force Majeure, both the parties will be excused from the performance of their obligations under this contract and cannot claim any amount, damages or compensation from the other party under this contract.
10.2 The team “Force Majeure” as used in this contract shall mean an act of God, lightening, earthquake, fires, floods, epidemics, strikes, lockouts, acts of public enemies, war, whether declared or undeclared, blockages, sabotage, explosions or orders, restriction or prohibitions imposed by the government or any government agencies having jurisdiction over the parties or activities hereunder.
11. GOVERNING LAWS
The contract shall be governed by and construed in accordance with the laws of the Kingdom of Thailand.
This contract is executed in two identical copies, one each for PQ and SVT.