Auction Service Terms of Use

1. Definitions

In these Terms, the following expressions have the meanings given below.

1. “Seller” means a Member who lists machinery on the Service, and also the Company.
2. “Bidder” means a Member who places a bid on the Service.
3. “Auction” means a single bidding event, which may include more than one machine.
4. “Host” means the party that sets the conditions of an auction; auctions may be hosted by a Seller or by the Company.
5. “Consignment sale” means that a Seller entrusts the Company with providing the opportunity to sell a machine, and that the Company publishes that machine on the Service and acts as intermediary for the transaction. A consignment sale takes one of two forms: the bidding method or the fixed-price method.
6. “Bidding method” means the form of consignment sale in which bids are invited up to a stated deadline and the winning bidder is determined from the bids received within that period. The provisions of these Terms concerning auctions and Hosts apply to this method.
7. “Fixed-price method” means the form of consignment sale in which a machine is listed at an asking price set in advance by the Seller, the Company receives enquiries from buyers, and the sale is treated as concluded when a contract of sale is formed through the Company's intermediation. No bidding takes place under this method and no buyer's premium arises.

2. The Company's role

The Company provides a venue for transactions on the Service. In auctions hosted by a Seller, the contract of sale is formed between that Seller and the winning Bidder, and the Company is not a party to it. The Company does not warrant, on behalf of a Seller, the quality, performance, operating condition or legal compliance of a listed item, nor title to it or the absence of third-party rights over it. The Company assumes the responsibilities of a seller under these Terms and the auction conditions only in auctions in which the Company itself is the Seller.

3. Registration and screening

Use of the Service requires registration and approval by the Company. The Company may request company registration documents or other materials in order to verify registration details.

1. The Company may decline to approve a registration without disclosing its reasons.
2. Before approval, a Member may not place bids or list machinery.
3. Members must promptly update their registration details if they change.
4. An account may be used only by the registered person (or, for a company, that company) and may not be lent or transferred to any third party.

4. Seller obligations

In listing an item, the Seller represents and warrants as follows.

1. The Seller has lawful authority to dispose of the listed item.
2. The listed item is free from retention of title, transfer by way of security, attachment or any other third-party right.
3. The machine information registered (manufacturer, model, serial number, year, capacity, photographs and the like) is factually correct.
4. Where the Seller is aware of any material defect or missing component, this has been stated in the notes.
5. Once an award is confirmed, the Seller will deliver the item to the winning Bidder in accordance with the conditions shown on the auction page.

5. Bidding

A bid is an offer to purchase the machine in question on the conditions shown on the auction page.

1. A submitted bid may not be withdrawn or reduced. It may only be increased.
2. Bids must be in multiples of 1,000 Baht.
3. Where a starting price is set for a machine, bids below that amount are not accepted.
4. Bidding closes at the deadline shown on the auction page. Where a start time is set, bids may not be placed before that time.
5. Inspection of the machine before bidding is recommended. The Company will advise of viewing opportunities but accepts no responsibility for any disadvantage arising from bidding without inspection.

6. Bidding formats, standard features and paid options

The following formats and features apply on a per-auction basis and are displayed on each auction page.

1. Sealed bidding (default format): the identity of Bidders and the amounts bid are not disclosed to other Bidders. The Seller and the Company may view them to the extent necessary to operate the auction.
2. Open bidding: the identity of Bidders is not disclosed, but the current highest amount is shown to other Bidders.
3. Starting price (standard feature, no charge): the Host may set a starting price for each machine. The starting price is shown on the auction page, and bids below that amount are not accepted.
4. Reserve price (standard feature, no charge): the Host may set a reserve price for each machine. That amount is not disclosed. Where the highest-ranked bid at the deadline does not reach it, the auction for that machine ends with no award and the Seller may relist it.
5. Auto-extension (open bidding only; standard feature, no charge): where a valid bid is placed within ten (10) minutes of the deadline, the deadline is extended by ten (10) minutes, and this repeats each time a bid is placed within that window. Auto-extension does not apply to sealed bidding.
6. Early close: only the Company may close bidding before the stated deadline. It will do so only where the listing contains an error, the condition of the machine has materially changed, or other unavoidable circumstances arise, and it will notify every Bidder in that auction. A Seller may not close bidding early.
7. Scope of the free standard features: up to ten (10) photographs per machine, standard promotion (publication on the Company's Facebook page and email notification to registered Bidders) and the first relisting are all provided at no charge.
8. Paid option (featured placement): the Company displays the listing in the featured slot of the auction page and of the auction index.
9. Paid option (on-site inspection report): discontinued. Where this option was applied for before the revision date of these Terms (14 September 2026), the terms in force at the time of application apply.
10. Paid option (photography, video and catalogue production): discontinued. Where this option was applied for before the revision date of these Terms (14 September 2026), the terms in force at the time of application apply.
11. Paid options are selected by the Seller at the time of listing, and their fees are set out in Article 8.

7. Award decisions

The winning Bidder is determined automatically when the deadline passes. No subsequent review or approval by the Company or the Seller takes place.

1. Among the valid bids standing at the deadline, the bid ranked highest under the ranking rule for the bidding format in Article 6 is awarded.
2. Where a reserve price is set for a machine and the highest-ranked bid does not reach it, or where there is no valid bid, the auction for that machine ends with no award. The Seller may then relist the machine (the relisting fee is governed by Article 8, item 6).
3. The Company notifies Members of the outcome after the deadline.
4. On confirmation of an award, a contract of sale is formed between the Seller and the winning Bidder; in auctions hosted by the Company, between the Company and the winning Bidder.

8. System usage fee

Member registration and the registration of machinery are free of charge. The seller fee arises only where an award is made (or, under the fixed-price method, where a sale is concluded), and follows the fee structure displayed on each auction page. The listing cancellation fee under paragraph 5, the relisting fee under paragraph 6, the costs and disbursements under paragraph 9 and the fees for options under paragraph 4 that the Company has already carried out may arise even where no award is made. The rates and amounts in the following paragraphs apply to auctions hosted by a Seller. Paragraph 10, however, applies to the fixed-price method.

1. Seller fee: the Seller pays the Company 10 per cent of the winning bid. The rate is the same where the Company enters the machine details on the Seller's behalf. That fee and the value added tax under paragraph 3 are deducted from the winning bid.
2. Buyer’s premium: for auctions created on or after the revision date of these Terms (14 September 2026), the buyer’s premium is abolished and the winning Bidder pays the winning bid only. For auctions created before that date, the winning Bidder pays the Company, in addition to the winning bid, a buyer’s premium at the rate and subject to the minimum amount displayed on the relevant auction page. That buyer’s premium does not affect the amount payable to the Seller and is not used to rank bids in sealed bidding.
3. Value added tax: value added tax under Thai law (currently 7 per cent) is added to the seller fee under paragraph 1 and to the option fees under paragraph 4 (and, for auctions in which a buyer’s premium arises under paragraph 2, to that buyer’s premium). Value added tax on the winning bid itself is settled between the Seller and the winning Bidder, and the Company is not involved. The rate applied to an auction is the rate in force when that auction was created.
4. Listing option fees: where paid options under Article 6 are used, the Seller pays the fee in advance, at the time of application. Payment is made by bank transfer or by credit card (PromptPay is in preparation). The option does not take effect until the Company has confirmed the payment. Where the Company sends a listing back or the Seller withdraws it before publication, the option fee is refunded in full; no refund is made for an option the Company has already carried out. The fee for featured placement is 1,000 Baht (flat).
5. Listing cancellation fee: where a Seller withdraws a listing after it has been published, for the Seller’s own reasons, the Seller pays a listing cancellation fee for each machine as follows: (a) 2,000 Baht per machine where the withdrawal occurs before any bid has been placed (under the fixed-price method, before any inquiry has been received); and (b) 10,000 Baht per machine where the withdrawal occurs after at least one bid or inquiry. For a listing covering several machines, the amount is multiplied by the number of machines withdrawn. Value added tax under paragraph 3 is added to these amounts, and the Seller separately bears the actual cost of any paid option the Company has already carried out. The same applies where the listing is withdrawn because the machine has been sold outside the Service. These amounts are liquidated damages for the costs the Company has actually incurred in reviewing, listing and publicising the machine and in contacting and dealing with bidders or enquirers; they are not a penalty. Where no award is made because the reserve price was not met, that is not a withdrawal and no listing cancellation fee arises.
6. Relisting fee: for the second and each subsequent relisting of the same machine, the Seller pays 1,000 Baht per relisting. The first relisting is free of charge.
7. Cancellation after an award: where the Seller calls off the transaction for its own reasons after an award has been confirmed (under the fixed-price method, after a sale has been concluded), that is not a withdrawal of the listing but a failure to perform. In that case the Seller shall pay the Company 5 per cent of the winning bid, being an amount equivalent to the seller fee together with the cost of contacting, refunding and otherwise dealing with the winning Bidder. Where the conduct is serious or repeated, the Company may suspend or cancel the registration under Article 12. Where the winning Bidder is at fault, Article 9, paragraph 1 applies.
8. Withholding tax: where a company located in Thailand pays the Company's service fees, that payment may be subject to withholding tax (currently 3 per cent). If tax is withheld, please provide the Company with the withholding tax certificate; the Company will reconcile the account on receipt of it.
9. Costs and disbursements: the cost of removal, dismantling, transport and export documentation for a listed item is not included in the service fees. The Company quotes for these separately and they are borne by the party concerned.
10. Fees for the fixed-price method: for the fixed-price method defined in Article 1, paragraph 7, the Seller pays the Company a seller fee of 10 per cent of the sale price (the same rate where the Company enters the machine information on the Seller’s behalf). Value added tax under paragraph 3 is added to that fee. No buyer’s premium arises, and the buyer pays the sale price only. A sale is treated as concluded when a contract of sale is formed through the Company’s intermediation. Withdrawing a published listing attracts the listing cancellation fee under paragraph 5, the tier being determined by whether an inquiry has been received rather than a bid (2,000 Baht per machine before any inquiry, and 10,000 Baht per machine once at least one inquiry has been received). Cancelling a request before publication is free, and no relisting fee arises. The Seller does, however, bear the actual cost of any paid option the Company has already carried out.
11. Scope of application: the rates and amounts in this Article apply to Seller-hosted auctions created on or after the revision date of these Terms. Auctions created before that date, and auctions hosted by the Company, follow the rate and paying party displayed on the relevant auction page. For the fixed-price method, they apply to listings applied for on or after the revision date.

9. Payment and delivery

Payment deadlines, payment methods and collection periods follow the conditions displayed on each auction page.

1. If the winning Bidder fails to pay by the deadline, the Company may cancel the award and may suspend that Member's registration.
2. Collection, dismantling, transport, installation and related costs are borne by the winning Bidder unless otherwise agreed.
3. Storage costs arising after the collection period are borne by the winning Bidder.

10. Sold as is

Unless otherwise stated, items are sold as is. Returns, exchanges and price reductions may not be claimed after an award. This does not apply where a material defect that the Seller knew of but did not disclose comes to light.

11. Prohibited conduct

Members must not engage in the following conduct when using the Service.

1. Colluding with other Bidders to coordinate bid amounts.
2. A Seller bidding on its own listing, whether directly or through a related party.
3. Bidding without any intention of completing a purchase.
4. Soliciting a counterparty met through the Service to transact directly outside the Service.
5. Posting, or asking another party to post, a telephone number, email address, LINE ID, URL or any other contact details in the Q&A or any other communication feature of the Service.
6. Registering false information or impersonating another person.
7. Using information about other Members obtained through the Service for any purpose other than the transaction, or disclosing it to third parties.

12. Suspension and cancellation of registration

Where a Member breaches these Terms, or where the Company considers there is a risk of breach, the Company may invalidate bids and suspend or cancel the registration without prior notice. The Company is not liable for any damage caused to the Member as a result.

13. Limitation of liability

The Company operates the Service as the provider of a venue for transactions and is not responsible for the following.

1. Performance of the contract of sale between a Seller and a winning Bidder, including disputes concerning delivery, payment and the condition of the machine. This exclusion does not apply to auctions in which the Company is the Seller.
2. Interruption or suspension of the Service, or loss of information, caused by network or system failure, unauthorised access or any other cause beyond the Company's reasonable control.
3. Damage arising from a Member's own input error.
4. Notwithstanding the foregoing, where the Company is liable, its liability is limited to the amount of the system usage fee actually received by the Company in respect of the auction concerned.

14. Confidentiality and personal data

Members must treat information about other Members and about transactions obtained through the Service as confidential and must not use it for any purpose other than using the Service. The handling of personal data is governed by the separately published Privacy Policy.

15. Amendments

The Company may amend these Terms. Amended Terms take effect from the time they are published on the Site. For amendments that materially affect Members, the Company will give advance notice by reasonable means. Continued use of the Service after an amendment is deemed acceptance of the amended Terms.

16. General (non-exclusive) consignment and sales outside the Service

The services the Company undertakes for consignment sales by a Seller, whether by the bidding method or the fixed-price method, are in every case a general, non-exclusive consignment. “Consignment” in these Terms means that the Company provides the listing venue and acts as intermediary for the transaction; it does not give the Company authority to sell a listed item in the Seller's name (agency), nor any exclusive right to sell it.

1. The Seller may sell a listed item to a buyer it has found itself, including while the auction is running.
2. Where the Seller makes such a sale, please notify the Company without delay. The Company will withdraw the auction for the machine concerned and notify the Bidders in that auction.
3. Where an auction is withdrawn because of a sale outside the Service, the only amounts borne by the Seller are the listing cancellation fee under Article 8, paragraph 5 and the actual cost of any paid option the Company has already carried out (featured placement and the like). No fee arises for an option the Company has not yet carried out.
4. The Company does not charge any fee calculated as a percentage of the sale price, or any other consideration, in respect of a sale made outside the Service.
5. The preceding paragraphs apply regardless of the form of consignment sale, that is, to both the bidding method under Article 1, paragraph 6 and the fixed-price method under Article 1, paragraph 7. Under the fixed-price method, withdrawing a published listing likewise attracts the listing cancellation fee under Article 8, paragraph 5, the tier being determined by whether an inquiry has been received rather than a bid. Cancelling a request before publication is free.

17. Governing law and jurisdiction

These Terms and all matters relating to the Service are governed by the laws of the Kingdom of Thailand. Any dispute arising in relation to the Service shall be submitted to the exclusive jurisdiction, in the first instance, of the Thai court having jurisdiction over the location of the Company's head office.

18. Language

These Terms are provided in Thai, Japanese and English. In the event of any discrepancy in interpretation between the versions, the Thai version prevails.