24.3 Should the Seller cause bodily injury and/or property damage on or to its
employees and/or any third party due to its willful or negligent conduct, the Seller shall resolve any dispute arising thereof at its own expense and responsibility. Should the Seller cause bodily injury and/or property damage on or to the Buyer and/or the Buyer's employee(s), the Seller shall be responsible to pay any and all damages suffered by the Buyer and/or the Buyer's employee(s).
25 ARBITRATION
All disputes, controversies or differences which may arise between the parties, out of or in relation to or in connection with the Agreement or the breach thereof, shall be finally settled by arbitration in Bangkok in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce as in force on the date of the Agreement by three arbitrators appointed in accordance with the said rules. All the arbitrators should be conversant with the language of the Agreement. The award rendered by the arbitration shall be final and binding on both parties.
26 MISCELLANEOUS PROVISIONS
26.1 Entire Agreement
The Agreement, the Purchase Order, shipping and packing instructions and other applicable documents specified in the Purchase Order together with their attachments and references constitute the entire agreement between the Buyer and the Seller and may only be modified in writing by the authorized representatives of the parties hereto.
There is no other agreement between the Seller and the Buyer, whether oral or written than those herein contained, and the Agreement supersedes any and all previous oral or written representations, inducement or understandings.
26.2 Notices
Any notice or other communication to be given under the Agreement shall be in writing and shall be valid only if sent by post or by fax or, by courier to:
If to the Buyer: Thai Kobelco Construction Machinery Ltd.
29 Moo 4, T. Pluak Daeng, A. Pluakdaeng, Rayong 21140, Thailand Tel: +66-38-954790(-94), Fax: +66-38-954795
If to the Seller: Thongchai Industries Co., LTd., 1091/244-245 New Petchburi Rd., Makkasan, Rajthevee, Bangkok 10400 Thailand