General Cases

General Cases

Dispute related to the Requirements for Parcel Inspection and Acceptance (A.198/2561)


Company A (the Plaintiff) made a contract for the sale and purchase of a TIANGONG automatic wheel loader with the Provincial Administration Organization (PAO) (the Defendant No. 1) on 1st December, B.E. 2551 (2008). Later, Company A transferred and delivered the wheel loader to the PAO but the Inspection and Acceptance Committee did not accept such wheel loader and required Company A to test its efficiency at the actual site for 10 days. Company A disagreed to do so and sent a notice to the PAO requiring the payment for such wheel loader and damages arising from the delayed payment. Then, the Inspection Committee proposed opinions to the Chief Executive of PAO (the Defendant No. 2) that the wheel loader contract should be terminated since Company A refused to perform the efficiency and capacity testing of the wheel loader at the actual site. The PAO, then, gave the written notice dated 10th May, B.E. 2553 (2010) to terminate the wheel loader sale and purchase contract. As a result, Company A filed a case with the Administrative Court order the PAO and the Chief Executive of PAO making payment including interest to Company A.