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Product Design and Professional Liability

When design documents are interpreted to be a product produced by the design professional and then replicated, the design professional may not ne protected by professional liability insurance coverage. In addition, product design is subject to more than the common law negligence standard, and may fall under the strict liability standard for damage caused by the design. The firm may also be exposed to class action type lawsuits, which can easily erode a limit of liability on the design firm’s professional liability insurance policy.

The client must understand the limited scope of services performed, and be aware of the possibility of third party claims in order to help protect the design firm from frivolous lawsuits. Your contract should include the following:

An indemnity and hold harmless clause for claims from users or buyers. The indemnity provision should state that the design professional, in providing service for a prototype, may be subject to numerous meritless claims from future users or buyers. It is reasonable that any use of the information without the design professional’s verification and adaptation to changes in codes, standards; site conditions or other factors should be at the client’s sole risk. In addition, it is unrealistic that the client should defend and indemnify the design professional for all claims, costs, losses, or damages to the design professional resulting from the use of the information.

A limitation of the design firm’s liability. Please keep in mind that this is only in effect between the parties of a contract and, therefore, third party claims would not have a limitation of liability. The limitation of liability section should clearly state that the limitation is based on the discrepancy between the risk to the design professional and the compensation. It should limit the risk to that which is foreseeable and manageable by the professional. If the client is not willing to allocate the risk so they absorb the risk for unanticipated or unmanageable risks, you will want to consider if it is worth taking on the project.

A disclaimer constituting a warning to future users, which identifies the service as a recommended or a prototype design for a specific set of design parameters. A disclaimer to avoid product liability should state that there is no warranty implied in the service provided and that the calculations or other instruments of service are prepared according to the standard of care for such services. The disclaimer should state that there is no representation or express warranty of merchantability, of fitness for a particular purpose, or as to the quality, adequacy, completeness, or sufficiency of the documents with respect to the use of the documents by the client. It should also serve as a warning to the ultimate user that the design was based on certain parameters and conditions and needs to be examined for specific conditions and code compliance.

The design firm and client should work together to form a fair and equitable arrangement for both parties. Achieving this goal will require some discussions with …

Understanding the Thai Taxation System – A Simple Overview

I thought it might be helpful to some people reading to write a short piece on Thai Taxation system. From recent discussions with our clients in the run up to the deadline date for submission of Personal Income Tax (PND91), I found that there is general confusion for foreigners running businesses here as to what tax is for which purpose.

The following overviews of taxes encountered in the day to day running of business, which might prove helpful:

Monthly Taxes:

PND1 – Por Ngor Dor 1

Personal Income Tax return, is payable on income and salary earned within Thailand. PND1 monthly payments are payable to your local Revenue Department office on the 7th of the following month.

Late payment incurs, a once off fine of 200 baht per item and a monthly interest rate of 1.5% on the amount due.

PND53 – Por Ngor Dor 53

Income tax withheld at source for income paid to companies. The tax rate various from 1% to 15 % in the case of payment made to local Thai companies and 10 to 15% in the case of payments to overseas companies. Payment of PND53 is due on the 7th of the following month.

Like PND1, late payments incur a fine of 200 baht per item and a monthly interest rate of 1.5% on the amount due.

PP30 – Por Por 30

Value Added Tax return (VAT) is payable by any person or entity who regularly supplies goods or provides services in Thailand and has an annual turnover exceeding 1.8 million baht is subject to VAT in Thailand. The VAT rate in Thailand is 7%. Payment for PP30 is due on the 15th of the following month.

A late payment fine of 500 baht per item applies in addition to a monthly interest rate of 1.5% on the mount due, plus to up a maximum rate of 20% of the amount due if payments have not been made after 60 days.

SSO – Social Security Office  – Pra-gan-saung-chom

Social Security Office payments are payable by all employees of a company a rate of 5% of their monthly income, up to a ceiling of 750 baht per month. The company pays an additional 5% contribution to the Social Security Office in there district. Employees who are also directors of a company do not pay social security as they are not entitled to these benefits.

There is no fine for late payments of SSO but a flat rate of 2% per month applies on the monies due.

Annual Taxes:

PND91 –  Por Ngor Dor 91

Personal Income Tax is a direct tax levied on income of a person. A person means an individual, an ordinary partnership, a non-juristic body of person and an undivided estate. Tax rates vary by the income you receive in the year and range from 10% to 37%. Your personal income tax return is due yearly on the 31st March for the previous year (January to December). For those renewing Non Immigrant Visa …