THAINT – Auction Regulations

Section 1 – General Provisions

1.1 These Auction Regulations (“Regulations”) govern all transactions conducted via the Thai International Harvest Auction Center Co., Ltd. (“THAINT”) auction platform, both onsite and online.
1.2 Auctions are operated in accordance with Thai law, including the Agricultural Commodity Trading Act B.E. 2550, the Trade Competition Act B.E. 2560, the Civil and Commercial Code, and applicable international standards.
1.3 These Regulations form an integral part of THAINT’s General Terms & Conditions. In case of conflict, the stricter provision shall prevail.
1.4 Participation in any THAINT auction constitutes full acceptance of these Regulations.
1.5 THAINT operates under the principles of transparency, fairness, efficiency, and traceability, ensuring that all participants have equal access to auction information.

Section 2 – Definitions

2.1 Auction Clock: The real-time price display mechanism used in Dutch Auctions, where the price decreases until a bid is placed.
2.2 Buyer: Any registered participant who places a winning bid.
2.3 Seller / Supplier: Any registered participant offering goods for auction via THAINT.
2.4 Lot: A defined quantity of goods offered for sale in one auction transaction.
2.5 QC (Quality Control): THAINT’s inspection process for quality, grading, and compliance.
2.6 PDPA: Personal Data Protection Act B.E. 2562.
2.7 KYC: Know Your Customer process including identity and document verification.

Section 3 – Registration & Eligibility

Section 3 – Registration & Eligibility

3.1 General Requirements

  1. All Buyers and Sellers must complete the THAINT registration process before participating in any auction activities.

  2. Registration requires passing KYC (Know Your Customer) and Document Verification in compliance with:

    • Thai laws: Agricultural Produce Trade Act B.E. 2550, PDPA (Personal Data Protection Act B.E. 2562)

    • Chinese laws: PIPL (Personal Information Protection Law), GACC customs registration

    • International standards: GDPR (EU), applicable trade and export regulations.

  3. Registration is personal to the applicant (individual or legal entity) and non-transferable.

  4. THAINT may require in-person verification or video conference calls for identity confirmation before activation.

3.2 Required Documentation

A. Legal Entity Accounts (Companies / Cooperatives)

Applicants must submit the following documents:

  1. Certificate of Incorporation (issued within the last 3 months)

    • China: 营业执照 (Business License) with Unified Social Credit Code

  2. VAT Registration Certificate or equivalent tax registration proof

  3. Authorized Signatory List with specimen signatures

  4. Official Company Seal/Chop or equivalent

  5. Import/Export License

    • For Chinese Buyers: GACC Registration Number as per Chinese Customs regulations

  6. Bank Reference Letter and/or Bank Statement for the last 6 months

  7. Latest Financial Statements (Audited or Management Accounts)

  8. Specific Product Trading Licenses (if applicable) – e.g., fresh produce trading permit

  9. Proof of Registered Office Address (utility bill or lease agreement issued within 3 months)

B. Individual Accounts

Applicants must submit the following documents:

  1. National ID Card or Passport

    • China: 居民身份证 (Resident Identity Card)

  2. Proof of Address (utility bill, bank statement, or household registration issued within 3 months)

  3. Bank Reference Letter or 6-month Bank Statement

  4. Import/Export License (if applicable)

  5. Tax Registration Document (if applicable)

3.3 Product Quality & Safety Documentation (For Sellers)

  1. Phytosanitary Certificate for plant products

  2. GAP / GMP / HACCP Certificates or other relevant quality certifications

  3. Quality Inspection Report from an accredited laboratory or inspection body

  4. Traceability Data – RFID, QR Code, Lot Number

  5. Product Images with Packaging in THAINT-approved format

3.4 THAINT’s Right to Refuse Registration

THAINT reserves the right to reject any application without providing reasons, especially in the following cases:

  • Incomplete or falsified documents

  • History of payment default or auction rule violations

  • Bankruptcy, insolvency, or legal ineligibility

  • Failure to pass financial or credibility checks

3.5 Updating Information

Participants must notify THAINT immediately of any changes to their registration details or documents, including:

  • Change of address

  • Change of authorized signatories

  • Change of bank account information

Section 4 – Access & Security

4.1 Participants are responsible for safeguarding their login credentials.
4.2 Unauthorized use or sharing of accounts is strictly prohibited.
4.3 THAINT may implement multi-factor authentication for enhanced security.
4.4 Suspicious activities may result in temporary suspension pending investigation.

Section 5 – Auction Participation

5.1 Participants must log in at the designated time and access the auction via THAINT’s approved channels.
5.2 Only registered and approved accounts may place bids.
5.3 Multiple simultaneous logins using the same account are prohibited unless authorized by THAINT.
5.4 THAINT may require pre-auction deposits or bank guarantees for certain participants.
5.5 Participants must ensure stable internet connectivity; THAINT is not responsible for bid failures due to connectivity issues.

Section 6 – Auction Format

6.1 All auctions are conducted primarily using the Dutch Auction method.
6.2 The price starts high and decreases at fixed intervals until the first participant stops the clock.
6.3 The winning bid price is legally binding under Sections 369–370 of the Thai Civil & Commercial Code.
6.4 THAINT may conduct hybrid auctions (e.g., pre-bidding + live clock) if announced in advance.
6.5 Auction speed, price decrement intervals, and lot sequence are determined solely by THAINT.

Section 7 – Lot Description & Product Standards

7.1 Each Lot will be described with details including variety, grade, size, weight, origin, harvest date, and QC results.
7.2 THAINT’s QC process is final and binding, based on defined grading standards.
7.3 Sellers are responsible for ensuring goods meet THAINT’s minimum quality requirements, including:

  • Compliance with GAP/GHP/GMP standards.

  • Food safety limits (no banned pesticides, heavy metals, contaminants).

  • Packaging integrity suitable for transport.
    7.4 THAINT reserves the right to reject or remove any Lot that fails to meet standards.

Section 8 – Bidding Rules

8.1 Bids are placed by stopping the Auction Clock or clicking the designated button in the online system.
8.2 Once placed, a bid cannot be withdrawn.
8.3 If multiple participants stop the clock at the same instant, the system’s timestamp determines priority.
8.4 Misuse of the system, collusion, or artificial price manipulation is strictly prohibited.
8.5 Bids placed by mistake are binding unless the error is due to system malfunction.

Section 9 – Payment Terms

9.1 Buyers must pay in full within the period specified in the auction notice (generally within 3 business days).
9.2 Accepted payment methods include bank transfer, escrow, or THAINT-approved PSPs.
9.3 Late payment penalties apply as per Appendix B – Penalty & Fee Schedule.
9.4 Failure to pay may result in forfeiture of deposits and suspension of bidding rights.
9.5 Payment must be made in the auction currency unless otherwise agreed in writing.

Section 10 – Delivery & Transfer of Ownership

10.1 Goods are delivered at THAINT-designated delivery points.
10.2 Ownership transfers upon full payment and issuance of delivery release by THAINT.
10.3 Risk passes to the Buyer at the moment of delivery release, unless otherwise agreed.
10.4 Buyers are responsible for transport unless explicitly included in the auction terms.
10.5 Delays in collection beyond the agreed timeframe may incur storage fees.

Section 11 – Quality Control & Inspection

11.1 All goods pass through THAINT’s QC process prior to auction.
11.2 Inspection parameters may include:

  • Size, weight, and appearance grading.

  • Internal quality via CT scan (e.g., pest detection, cavities, maturity, Brix levels).

  • Packaging compliance.
    11.3 QC results are recorded and linked to each Lot via RFID/QR for traceability.
    11.4 Disputes over QC results must be raised within 2 hours of delivery release.
    11.5 If a lot fails post-delivery QC, THAINT may order return or destruction at the Seller’s expense.

Section 12 – Seller Responsibilities

12.1 Sellers must ensure that all goods delivered for auction comply with THAINT’s quality, safety, and packaging standards.
12.2 Sellers are responsible for delivering goods to THAINT’s designated intake points within the specified time window prior to auction.
12.3 All goods must be accompanied by accurate product information, including lot reference, origin, harvest date, and any relevant certificates (e.g., GAP, Organic, Phytosanitary).
12.4 Any misrepresentation or omission of required information is considered a violation under Appendix B.
12.5 Sellers must comply with applicable export/import regulations when goods are intended for cross-border transactions.
12.6 Sellers shall indemnify THAINT and Buyers against any losses arising from defective goods, contamination, or regulatory non-compliance.

Section 13 – Buyer Responsibilities

13.1 Buyers must ensure that they have the legal capacity and necessary licenses to purchase and import goods.
13.2 Buyers must arrange for timely payment and collection of goods as per Section 9 and Section 10.
13.3 Buyers are responsible for inspecting goods at delivery; acceptance of delivery constitutes acknowledgment that goods conform to the auction description and QC results.
13.4 Buyers may not resell goods in a manner that misrepresents their origin, quality, or certification.
13.5 Buyers must comply with all relevant import, food safety, and labeling regulations in their destination market.

Section 14 – Packaging & Labelling

14.1 All packaging must protect goods during handling, storage, and transport, and must meet THAINT’s packaging standards.
14.2 Labels must include: lot number, product name, variety, grade, size, weight, origin, harvest date, and QR/RFID tag.
14.3 Barcodes or RFID tags provided by THAINT must remain intact and readable until final delivery to the Buyer.
14.4 Non-compliant packaging may result in rejection of the lot or repacking at the Seller’s expense.
14.5 Any falsification or removal of THAINT-provided labels is strictly prohibited.

Section 15 – Traceability & RFID/QR System

15.1 All lots are registered in THAINT’s traceability system via RFID and/or QR code.
15.2 Each code links to the lot’s QC data, origin, and handling history.
15.3 Buyers and Sellers must not tamper with RFID/QR devices.
15.4 THAINT may suspend transactions if traceability data is incomplete or compromised.
15.5 Traceability data will be stored for at least 5 years for legal and quality assurance purposes.

Section 16 – Auction Schedule & Announcements

16.1 THAINT will publish the auction schedule, lot catalogues, and related notices on its official channels in advance.
16.2 THAINT reserves the right to modify the schedule, lot sequence, or auction terms due to operational requirements or emergencies.
16.3 Participants are responsible for keeping themselves informed of such announcements.
16.4 Failure to check updated schedules does not constitute a valid reason for dispute or withdrawal from purchase obligations.

Section 17 – Force Majeure

17.1 THAINT is not liable for delays, cancellations, or performance failures caused by events beyond its reasonable control, including but not limited to:

  • Natural disasters, extreme weather

  • Power or internet outages

  • Government restrictions or trade embargoes

  • Epidemics or pandemics
    17.2 In the event of force majeure, THAINT may suspend or reschedule auctions without liability.

Section 18 – Suspension & Termination of Access

18.1 THAINT may suspend or permanently terminate a participant’s access for violations of these Regulations, Appendix B, or applicable laws.
18.2 Suspension or termination does not release the participant from any outstanding payment or delivery obligations.
18.3 THAINT may also require additional guarantees or deposits before restoring access.

Section 19 – Confidentiality

19.1 All non-public auction data, including bidder identities, transaction records, and QC results, are confidential and may not be disclosed without THAINT’s prior written consent, except as required by law.
19.2 Participants shall not use confidential information obtained through the auction for competitive or unlawful purposes.

Section 20 – Data Protection

20.1 THAINT processes personal data in accordance with the PDPA B.E. 2562, GDPR, and other applicable data protection laws.
20.2 Participants consent to the collection, use, and disclosure of their personal data for purposes related to auction operations, payment processing, and legal compliance.
20.3 Details of THAINT’s privacy practices are provided in the Privacy Policy, which forms part of these Regulations.

Section 21 – Dispute Handling

21.1 Any disputes between Buyers and Sellers must first be submitted to THAINT’s dispute resolution process.
21.2 THAINT may mediate but does not act as guarantor of settlement.
21.3 If mediation fails, disputes shall be resolved under Thai law in the courts of Bangkok, unless otherwise agreed in writing.

Section 22 – Quality Claims Procedure

22.1 Buyers must notify THAINT of any quality issues within 2 hours of receiving the goods.
22.2 Claims must be supported by evidence (photos, videos, QC test results).
22.3 THAINT’s QC team will review the claim and may arrange re-inspection.
22.4 If the claim is valid, remedies may include price adjustment, replacement, or return.

Section 23 – Prohibited Conduct

23.1 The following acts are strictly prohibited:

  • Collusion, bid-rigging, or price manipulation

  • Providing false or misleading information

  • Disrupting the auction process

  • Tampering with RFID/QR devices

  • Non-payment or late payment without valid reason
    23.2 Violations will be penalized as per Appendix B and may result in legal action.

Section 24 – Audit & Compliance

24.1 THAINT reserves the right to audit any transaction, lot, or participant for compliance with these Regulations and applicable laws.
24.2 Participants must cooperate fully with such audits and provide requested documents promptly.
24.3 Non-cooperation may result in suspension or termination of access.

Section 25 – Amendments to Regulations

25.1 THAINT may amend these Regulations at any time, with updates posted on the official website and/or notified to registered participants.
25.2 Continued participation after such updates constitutes acceptance of the amended terms.
25.3 Where changes materially affect participant rights, THAINT will provide at least 14 days’ notice before implementation.

Section 26 – Confidentiality & Data Protection

26.1 All participants agree to treat as confidential any information obtained through participation in the auction, including but not limited to pricing, buyer and seller identities, transaction volumes, and contractual terms.
26.2 Confidential information may not be disclosed to third parties without THAINT’s prior written consent, unless disclosure is required by law.
26.3 THAINT will collect, process, and store personal and business data in accordance with the Personal Data Protection Act B.E. 2562 (PDPA), GDPR, and applicable cross-border data transfer regulations.
26.4 Participants shall ensure that any personal data shared with THAINT has been collected with valid consent and in compliance with applicable data protection laws.
26.5 Breaches of this clause may result in immediate suspension, legal action, and recovery of damages.

Section 27 – Intellectual Property

27.1 All intellectual property rights relating to the THAINT platform, auction software, auction clock system, QC technologies, branding, and documentation remain the exclusive property of THAINT and its licensors.
27.2 Participants may not copy, modify, distribute, reverse-engineer, or create derivative works from any THAINT system, software, or content without prior written consent.
27.3 Use of THAINT’s trademarks, trade names, or logos in marketing materials requires prior written approval.
27.4 Any violation of intellectual property rights will be treated as a material breach, subject to both civil and criminal proceedings.

Section 28 – Record Keeping & Audit

28.1 THAINT maintains complete digital and physical records of all auction transactions, QC reports, delivery notes, and payment confirmations for a minimum of 10 years or as required by law.
28.2 Participants shall retain their own transaction records for at least 5 years and make them available to THAINT or relevant authorities upon request.
28.3 THAINT reserves the right to conduct audits or inspections of participants’ records, facilities, and products in connection with auction transactions.
28.4 Participants must provide full cooperation during any audit process.

Section 29 – Fees & Charges (General)

29.1 Participation in the THAINT auction is subject to fees, which may include membership fees, lot listing fees, transaction commissions, and service charges, as specified in THAINT’s published fee schedule.
29.2 All fees are payable in the auction currency unless otherwise stated.
29.3 Fees are non-refundable unless otherwise agreed in writing by THAINT.
29.4 THAINT reserves the right to amend the fee schedule with 30 days’ written notice to all registered participants.

Section 30 – Transaction Commissions

30.1 THAINT will charge a commission on each successful transaction, calculated as a percentage of the winning bid price or a fixed rate, as set out in the fee schedule.
30.2 Commission rates may vary by product category, auction type, or seasonal demand.
30.3 Commission is payable in addition to the winning bid price and is due upon invoice issuance.
30.4 Failure to pay commission fees will result in suspension of bidding rights and recovery of outstanding amounts.

Section 31 – Storage, Handling & Cold Chain Fees

31.1 Goods remaining in THAINT’s storage facilities beyond the agreed collection time will incur daily storage fees, based on volume, weight, and storage conditions (ambient, refrigerated, or frozen).
31.2 THAINT may arrange extended cold storage upon written request, subject to capacity and additional fees.
31.3 Handling fees may apply for repackaging, re-labelling, or re-inspection of goods.
31.4 THAINT is not liable for quality deterioration due to delays caused by the Buyer.

Section 32 – Penalties & Sanctions

32.1 Violations of these Regulations are subject to penalties as detailed in Appendix B – Penalty & Fee Schedule.
32.2 Penalties may include monetary fines, suspension or termination of participation rights, forfeiture of deposits, and legal proceedings.
32.3 Repeat offenders may face escalated sanctions, including permanent bans.
32.4 Penalties must be paid within 7 days of issuance; unpaid penalties may be deducted from deposits or future payments.

Section 33 – Legal Compliance

33.1 Participants must comply with all applicable Thai laws, including the Agricultural Commodity Trading Act, Food Act, Customs Act, and Trade Competition Act, as well as relevant international trade regulations.
33.2 THAINT may request proof of compliance, including import/export permits, phytosanitary certificates, and pesticide residue test reports.
33.3 Any participant found in violation of applicable laws will be reported to the relevant authorities.

Section 34 – Force Majeure

34.1 THAINT shall not be liable for delays, cancellations, or non-performance caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, strikes, power outages, cyberattacks, and government actions.
34.2 In the event of force majeure, THAINT may suspend or reschedule auctions, extend payment deadlines, or amend delivery arrangements.

Section 35 – Amendments to Regulations

35.1 THAINT reserves the right to amend these Regulations at any time, with at least 30 days’ prior notice to participants.
35.2 Amendments will be published on THAINT’s official website and/or communicated via registered email.
35.3 Continued participation after the amendment takes effect constitutes acceptance of the updated Regulations.

Section 36 – Language & Interpretation

36.1 These Regulations are issued in Thai and English. In case of discrepancy, the Thai version shall prevail for legal interpretation under Thai law.
36.2 Headings are provided for convenience only and do not affect interpretation.

Section 37 – Governing Law

37.1 These Regulations are governed by and construed in accordance with the laws of the Kingdom of Thailand.
37.2 The Civil and Commercial Code, Trade Competition Act, and other applicable statutes shall apply in resolving any contractual disputes.

Section 38 – Dispute Resolution

38.1 All disputes arising from these Regulations shall first be attempted to be resolved through negotiation between the parties.
38.2 If no resolution is reached within 30 days, disputes shall be submitted to the courts of Thailand, which shall have exclusive jurisdiction.
38.3 THAINT may, at its discretion, propose mediation or arbitration in accordance with Thai law.

Section 39 – Severability

39.1 If any provision of these Regulations is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
39.2 The invalid provision shall be replaced with a lawful and enforceable one that best reflects the original intent.

Section 40 – Acceptance of Regulations

40.1 Participation in any THAINT auction signifies that the participant has read, understood, and agreed to comply with these Regulations in full.
40.2 A digital or written acknowledgment of acceptance may be required prior to participation.
40.3 Any breach after acceptance will be subject to the penalties and sanctions outlined herein.

Appendix A – Definitions

  1. Auction Clock – The real-time price display mechanism used in Dutch Auctions, where the price decreases until a participant places a bid.

  2. Buyer – Any registered participant who places a winning bid in a THAINT auction.

  3. Seller / Supplier – Any registered participant offering goods for auction via THAINT.

  4. Lot – A defined quantity of goods offered for sale in a single auction transaction.

  5. Quality Control (QC) – THAINT’s official inspection process for quality, grading, and compliance with applicable standards.

  6. Personal Data Protection Act (PDPA) – The Personal Data Protection Act B.E. 2562 (2019) of Thailand.

  7. Know Your Customer (KYC) – The process of verifying the identity and credentials of Buyers and Sellers, including document checks.

  8. Auction Platform – THAINT’s integrated onsite and online system for conducting auctions, including hardware, software, and network infrastructure.

  9. Traceability System – THAINT’s system for tracking and linking products to their source and quality data using RFID tags, QR codes, and database records.

  10. Bid – A legally binding offer to purchase a Lot at the displayed price when stopping the Auction Clock or submitting via the online platform.

  11. Deposit – A sum of money or bank guarantee required by THAINT as security for participation and payment obligations.

  12. Participant – Any Buyer or Seller registered and approved by THAINT to take part in auctions.

  13. Platform Service Provider (PSP) – A THAINT-approved financial intermediary or payment gateway for handling transactions.

  14. Force Majeure – An unforeseeable and unavoidable event beyond the reasonable control of the affected party, such as natural disasters, war, or government orders.

  15. Confidential Information – Non-public information disclosed by THAINT or other Participants, including pricing, QC data, and business terms.

Appendix B – Penalty & Fee Schedule (Revised – Enforceable)

Ref Violation Penalty / Fee Additional Measures
B.1 Late payment (≤ 7 days) 3% of the outstanding amount Temporary suspension until full payment
B.2 Late payment (> 7 days) 5% of the outstanding amount + interest 0.05% per day Suspension + legal collection proceedings
B.3 Failure to collect goods on time (delay ≤ 24h) THB 500 per lot per day Storage fees apply
B.4 Failure to collect goods on time (delay > 24h) THB 1,000 per lot per day Goods may be resold or destroyed
B.5 Submission of false or misleading registration documents THB 50,000 Immediate account termination
B.6 Collusion or price manipulation THB 100,000 Permanent ban + legal action
B.7 Unauthorized account sharing THB 20,000 30-day account suspension
B.8 Refusal to accept goods that passed QC without a valid reason 5% of lot value (full penalty, non-waivable) Considered delivered; no further claims allowed
B.9 Withdrawal from a winning bid 10% of lot value 14-day suspension
B.10 Unauthorized disclosure of confidential information THB 50,000 Legal action
B.11 Infringement of THAINT’s intellectual property rights THB 100,000 Legal proceedings + damages
B.12 Misconduct or disturbance at auction premises THB 10,000 Removal from premises
B.13 Tampering with or altering QC results THB 80,000 90-day suspension
B.14 Use of unapproved packaging or labels THB 2,000 per lot Seller bears repackaging costs
B.15 Non-compliance with food safety standards THB 50,000 Report to authorities
B.16 Loss of traceability (RFID/QR missing) THB 1,000 per lot Seller pays for re-tagging
B.17 Obstruction of inspection or audit THB 20,000 Immediate suspension
B.18 Repeated minor violations (3 times in 6 months) THB 30,000 Escalated to major violation
B.19 Unauthorized photography or video recording of THAINT systems THB 10,000 Confiscation of recorded media
B.20 Violation of PDPA provisions THB 50,000 Report to regulator + legal action