10.2
10.3
BMW and the Contractor shall each be responsible for fulfilling their fiscal obligations and liabilities. If one of
the parties fails to meet its fiscal obligations or liabilities and this results in loss, damage or any other disad-
vantage for the other party, the first party shall fully indemnify the other party from said loss, damage or other
disadvantage.
If withholding tax falls due on the amounts to be paid by BMW to the Contractor, the withholding tax shall be
withheld by BMW pursuant to the applicable law and regulations and paid to the relevant Thailand tax authority
for the Contractor's account.
Upon request of the Contractor and in compliance with applicable Thai law and regulations, BMW shall pro-
vide the Contractor with a valid tax certificate evidencing payment of withholding taxes on behalf of the Con-
tractor.
If an applicable double taxation agreement or another regulation provides for a reduction or exemption from
withholding tax deduction, BMW shall only withhold the reduced amount or apply the exemption if the Con-
tractor has provided BMW with a valid tax exemption certificate at least 10 banking days before the payment
date. Otherwise BMW shall deduct and withhold the withholding taxes from the amounts due, which must be
paid to the relevant tax authority to comply with the current income tax and corporation tax law.
The Contractor shall meet all its certification, information and documentation obligations and other duties
required for the application of reduced tax rates or exemptions under the applicable double taxation agree-
ments or other regulations.
10.4
The Contractor shall pay all taxes which the Contractor incurs in Thailand or elsewhere due to the purchase,
consumption or production of goods or for the use of services or from business trips by its own employees,
which are required for the provision of the services. These taxes shall be included as costs in the price agreed
with BMW unless the Contractor has a claim to reimbursement, deduction or repayment of these taxes in
Thailand or elsewhere. The Contractor shall not invoice BMW with these taxes separately as far as they are
not included in the price. Statutory value-added tax shall be excluded from this.