Page 247 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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Volume 134 Special Part 210 D Government Gazette August 23, 2017

contractual party from deliver supplies or work according to the conditions and date specified
in the contract, the State agency shall indicate in the contract or agreement determining that
the contractual party shall inform the State agency of such circumstances within 15 days from
the day such circumstance ends or as prescribed in the Ministerial Regulation. If the
contractual party does not inform the State agency of such circumstance within the time
specified, the contractual party shall not be able to claim such circumstance for waiving or
reduction of penalty or extension of time, except for the case where it is an event attributable

to a fault or neglect of the State agency with obvious evidence, or the State agency has been
acknowledged of such circumstance since the beginning.
Clause 183. Apart from terminating of contract or agreement under Section 103,
if it appears that the contractual party cannot comply with the contract or agreement and there
shall be penalty according to such contract or agreement, if the penalty amount exceed ten
percent of the cost estimate of supply, the State agency shall consider to terminate such
contract or agreement, with an exception that the contractual party agrees to be liable for the
penalty for the State agency without any conditions. In such case, the head of State agency
shall consider lessening the termination of contract as necessary.
Clause 184. Substituting to the expiry of the contract, during the guarantee
period for deficiency, the head of the agency owning the supplies, or the person entrusted
shall be responsible for maintenance and inspection of supplies. This is except that there is no
such person owning the supplies or the supplies are owned by several agency. For such case,
the head officer shall be responsible for maintenance and inspection of such supplies.

Clause 185. In the case where it appears that the supplies have been worn out
within the guarantee period according to the contract, the person responsible for such matter
under Clause 184 shall report the head of the State agency of such matter in order to inform
the supplier or contractor to provide revision or fixing without delay, and also inform the
surety (if any).
Clause 186. Substituting to the execution of Clause 185, in the case where the
guarantee period is almost due, the State agency shall consider the deficiency and damage of
the supplies in order to prevent damage and return the contractual guarantee thereafter.

Damages

Clause 187. In the case where termination of a contract or an agreement is not
made by a State agency or termination of such contract or agreement is made by a State
agency without demanding penalty, as the case may be, if the contractual party considers that
the State agency is liable for damages, the contractual party may submit an application to the
State agency for considering payment of damages under Section 103 paragraph according to
the criteria as follows:
(1) the contractual party submit an application to the contractual State agency
within 15 days from the day of the termination;
(2) application shall be provided in writing with the petitioner’s signature affixed,
indicating facts and a clear reasonable cause of the petition with attachments of documents
concerned;

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