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.

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 A submitted bid may not be withdrawn or reduced.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. Bidding closes at the deadline shown on the auction page. Where a start time is set, bids may not be placed before that time.
4. 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 and listing options

The following formats and options 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. Reserve price: the Host may set a minimum acceptable price for each machine. That amount is not disclosed, and where bids do not reach it, no award may be made.
4. Early close: the Host may close bidding before the stated deadline, in accordance with the conditions shown on the auction page.

7. Award decisions

The winning Bidder is confirmed after the deadline, once the Company has reviewed the auction.

1. The highest bid is not necessarily awarded.
2. No award is made where the reserve price is not met, where the Seller decides not to sell, or in any other case the Host considers appropriate.
3. The Company notifies Members of the outcome.
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

The fee for the Service follows the rate and the paying party displayed for each auction. Member registration and the registration of machinery are themselves free of charge.

1. Where the Seller bears the fee, the amount payable to the Seller is the winning bid less the system usage fee.
2. Where the buyer bears the fee, the amount payable by the winning Bidder is the winning bid plus the system usage fee.
3. Value added tax (VAT at 7%) under Thai law is charged in addition to the above.
4. Where listing options are used, the rate or amount of the system usage fee may increase. The applicable terms are displayed at the time of listing.

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. Registering false information or impersonating another person.
6. 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. 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.

17. 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.