10. Delivery and Transfer of Risk

10.1 Delivery shall occur at THAINT-designated locations or as otherwise agreed in writing.

10.2 Risk of loss or damage to the goods passes to the Buyer upon delivery.

10.3 Buyers are responsible for arranging and paying for transportation unless agreed otherwise.

11. Product Quality and Inspection

11.1 All goods must meet THAINT’s quality standards and legal requirements.

11.2 THAINT reserves the right to refuse, return, or order destruction of goods failing to meet the required standards without liability for any loss or expense to the Seller.

12. Prohibited Conduct

Users are prohibited from:

  • Providing false or misleading information.

  • Engaging in collusion or price manipulation.

  • Disrupting the auction process.

  • Failing to pay within the deadline.

  • Infringing THAINT’s intellectual property rights.

13. Intellectual Property Rights

13.1 All content, trademarks, logos, images, videos, and software on the THAINT platform are the property of THAINT.

13.2 Users may not reproduce, distribute, or exploit any such intellectual property without written permission from THAINT.

14. Suspension and Termination

THAINT may suspend or terminate a User’s account if:

  • The User violates these Terms.

  • The User engages in fraudulent or illegal activities.

  • The User fails to make timely payment.

15. Limitation of Liability

15.1 THAINT’s maximum liability in any case shall not exceed the contract value of the relevant transaction.

15.2 THAINT shall not be liable for indirect, incidental, special, or consequential damages.

16. Amendments

THAINT may modify these Terms at any time. Updates will be posted on the THAINT website, and continued use of the platform constitutes acceptance of the updated Terms.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of Thailand. The Thai courts shall have exclusive jurisdiction over any disputes arising under or in connection with these Terms.

18. Acceptance of Terms

By checking the box “I have read and agree to the General Terms and Conditions” and/or proceeding with registration, the User agrees to be bound by these Terms in their entirety.

Appendices – General Terms and Conditions

Appendix A – Auction Workflow

Step 1: Registration & Verification
1.1 User submits registration form with all required documents:

  • For individuals: National ID or passport.

  • For companies: Business registration certificate, VAT/tax number, authorized signatory documents.
    1.2 THAINT verifies documents in accordance with the Agricultural Commodity Trading Act B.E. 2550 and PDPA B.E. 2562.
    1.3 Approved users receive account credentials for platform access.

Step 2: Product Listing (Sellers)
2.1 Seller submits product details including type, variety, grade, quantity, packaging specifications, and preferred auction date.
2.2 THAINT conducts quality pre-checks and assigns a lot number.
2.3 Product is stored at THAINT’s designated cold chain facility until auction time.

Step 3: Auction Participation
3.1 Buyers log in before the auction start time.
3.2 Auction Clock (Dutch format) begins at the pre-set starting price and decreases until a participant stops the clock.
3.3 First participant to stop the clock wins the lot at the final clock price.

Step 4: Contract Formation
4.1 Contract is automatically formed between Buyer and Seller upon auction close.
4.2 Terms are binding under Thai Civil and Commercial Code Sections 369–370.

Step 5: Payment
5.1 Buyer must complete payment within the timeframe stated in the auction invoice (default: 3 business days).
5.2 Late payment penalties apply (see Appendix B).

Step 6: Delivery & Handover
6.1 THAINT facilitates delivery arrangements from warehouse to Buyer.
6.2 Quality check and documentation completed before handover.
6.3 Buyer signs goods receipt form.

Appendix B – Penalty & Fee Schedule (Revised)

Violation Penalty / Fee Notes
Late payment 1% of the invoice value per day (maximum 15%) Calculated daily
Non-payment (default) Forfeiture of deposit + suspension of bidding rights for 6 months Legal action may be taken
Providing false or misleading information Penalty = Auction lot value + permanent account termination Includes document forgery
Refusal to accept goods without valid reason Penalty = Auction lot value + suspension of bidding rights Valid reason: non-compliance with quality standards
Collusion or price manipulation Permanent ban + legal reporting Under the Trade Competition Act
Product failing to meet quality standards (Seller’s fault) Penalty = Auction lot value + removal of goods from auction As per quality inspection report
Late delivery (Seller’s fault) 1% of the lot value per day (maximum 15%) Delay beyond agreed delivery date

Appendix C – Sample Sales Contract

Parties:

  • Seller: [Seller Name, Registration No., Address]

  • Buyer: [Buyer Name, Registration No., Address]

  • Facilitator: THAINT

Terms:

  1. Product: [Type, Variety, Grade, Quantity]

  2. Price: [Winning auction price per unit]

  3. Payment Terms: [Full payment within X days]

  4. Delivery: [Location, date, method]

  5. Risk Transfer: Upon delivery confirmation.

  6. Governing Law: Thai law.

  7. Dispute Resolution: Thai courts have exclusive jurisdiction.

Appendix D – Transaction Flow Diagram

Buyer Perspective:

  1. Register → 2. Verify Account → 3. Join Auction → 4. Win Bid → 5. Pay Invoice → 6. Receive Goods → 7. Confirm Receipt

Seller Perspective:

  1. Register → 2. Submit Product Info → 3. Pass Quality Check → 4. Product Listed in Auction →
    5. Auction Sale → 6. Receive Payment from THAINT → 7. Delivery Complete

General Terms and Conditions

Thai International Harvest Auction Center Co., Ltd.
Effective Date: 15/08/2025

1. Introduction

1.1 These General Terms and Conditions (“Terms”) form a legally binding agreement between Thai International Harvest Auction Center Co., Ltd. (“THAINT”, “we”, “our”, “us” or “the Company”) and all users of our services, including but not limited to Buyers, Sellers, suppliers, agents, logistics partners, and any other participants who interact with the THAINT platform and facilities.

1.2 By registering an account, accessing the THAINT platform, or participating in any auction (online or offline), you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional guidelines, policies, and rules referenced herein.

1.3 These Terms are designed to ensure transparency, fairness, operational efficiency, and compliance with all applicable laws and regulations, including the Thai Civil and Commercial Code, the Agricultural Commodity Trading Act B.E. 2550, the Trade Competition Act B.E. 2560, and the Personal Data Protection Act B.E. 2562 (PDPA).

1.4 If you do not agree with any provision of these Terms, you must immediately discontinue use of the THAINT platform and services.

2. Definitions

For the purposes of these Terms:

  • “THAINT” – Refers to Thai International Harvest Auction Center Co., Ltd., the operator and service provider of the auction platform and facilities.

  • “Buyer” – Any individual or legal entity registered to purchase goods through the auction system.

  • “Seller” – Any individual or legal entity registered to sell goods through the auction system.

  • “Auction Clock” – The auction mechanism designated by THAINT, including but not limited to the Dutch Auction format.

  • “Contract” – A binding sales agreement automatically formed upon the close of the auction, enforceable under Sections 369–370 of the Thai Civil and Commercial Code.

  • “Platform” – The THAINT online and/or offline systems used to conduct auctions, process payments, and manage transactions.

  • “User” – Any Buyer, Seller, or participant who accesses or uses the THAINT platform.

3. Scope of Application

3.1 These Terms govern all access to and use of the THAINT platform and services, including registration, bidding, payment, delivery, dispute resolution, and customer support.

3.2 These Terms apply to both online and offline transactions conducted via THAINT’s facilities and systems.

3.3 In case of conflict between these Terms and any other agreement, these Terms shall prevail unless a written exception is issued by THAINT.

4. Registration and Account Management

4.1 All Users must complete the registration process and provide accurate, complete, and up-to-date information.

4.2 THAINT reserves the right to request supporting documents (e.g., ID card, passport, business registration, tax identification number) to verify a User’s identity before granting access to the platform.

4.3 THAINT reserves the right to refuse, suspend, or terminate any account without liability if false, incomplete, or misleading information is provided.

4.4 Users are responsible for maintaining the confidentiality of their login credentials and for all activities conducted under their account.

4.5 Unauthorized account sharing or use is strictly prohibited.

5. Obligations of the Buyer

Buyers agree to:

  • Verify all product details before bidding.

  • Pay the full purchase price within the period specified by THAINT.

  • Bear any applicable fees, taxes, and duties related to the transaction.

  • Follow delivery and collection procedures set by THAINT.

  • Avoid collusion, bid manipulation, or other anti-competitive practices prohibited under the Trade Competition Act B.E. 2560.

6. Obligations of the Seller

Sellers agree to:

  • Deliver goods that meet the quality, grade, packaging, and timing requirements specified by THAINT.

  • Comply with applicable laws and regulations regarding agricultural product standards, food safety, and export requirements.

  • Accept THAINT’s right to inspect, test, or reject goods that do not meet the required standards.

  • Refrain from submitting false or misleading descriptions or quality claims.

7. THAINT’s Obligations

THAINT will:

  • Maintain a transparent, secure, and fair auction process.

  • Provide Buyers and Sellers with timely and accurate information on auction schedules, product listings, and bidding rules.

  • Implement quality control measures prior to auction, including physical inspection and documentation review.

  • Protect Users’ personal and transaction data in compliance with the PDPA.

8. Auction Process

8.1 Auctions will be conducted using the Auction Clock or other formats as determined by THAINT.

8.2 In a Dutch Auction, the price starts high and decreases until a participant stops the clock. The first to stop the clock secures the purchase at that final price.

8.3 A Contract is deemed concluded immediately when the clock stops, and the Buyer is legally bound to complete the purchase.

8.4 Bids are irrevocable once placed.

9. Payment Terms

9.1 Buyers must make full payment within the period specified by THAINT via approved payment channels.

9.2 Late payment may result in:

  • Penalty charges.

  • Suspension or revocation of bidding rights.

  • Legal action for debt recovery.

9.3 All payments must be made in Thai Baht unless otherwise agreed in writing.