Market policy penalty

Market policy penalty

Terms and Conditions on Warranty

1. The products sold must be under seller's warranty which allows the money payable to be deducted if the products do not match the characteristics or qualities as specified and agreed upon in Freshket system, where the evidence must show transactions conducted via Freshket system only.

2. Seller and buyer must mutually agree upon the deducted amount of payment as specified in clause 1 and the buyer has to be responsible only for the price of the products. Freshket will deduct fee from the agreed upon amount as specified herein and 7%VAT from the fee.

3. The total amount of warranty responsible by the seller is calculated from the price before deducting processing fee and 7%VAT from the fee.

Terms and Conditions on Cancellation

1. When the seller issues the quotation, buyer can start ordering the products without obtaining the confirmation from the seller as per the time condition and price specified in the quotation.

2. In cases where buyer makes orders based on quotation that has not expired, seller can adjust the amount as seen appropriate, but may not cancel the order.

3. If the seller would like to terminate the transaction with any buyer, he/she must notify the buyer in advance for at least 1 day with written notice and/or clear evidence in Freshket system.

4. In cases where buyer makes orders without bargain, and the amount of inventory that seller has specified meets the buyer demand, seller may not change any details and cancel the order.

5. Once the buyer sends PO (Purchasing Order) to the seller, order cancellation is not permitted.

6. Order cancellation can only be done with mutual agreement between buyer and seller regarding such product order only. The evidence of such cancellation must be provable by Freshket to proceed the cancellation in the system, which the buyer and seller may not claim for any damages and Freshket shall not be responsible in any case whatsoever.

7. Buyer agrees that in case of Force Majeure during the course of work, such as natural disaster, fire, accidents, etc. seller have the right to cancel the PO, but have to notify the buyer immediately and cancel such order via Freshket with the provable evidence to proceed in the system. However, the buyer and seller may not claim for any damages and Freshket shall not be responsible in any case whatsoever.

Terms and Conditions on Payment

1. Buyer needs to make payment within 6 hours after receiving the invoice. If the buyer do not comply and make payment within the assigned period, his/her permission to use Freshket system will be withheld immediately.

2. If the buyer fails to make payment within the time specified in clause 1 for more than 7 days, Freshket reserves the right to cancel the system usage permission, and the buyer must be responsible for all the costs that may incur from product order as specified in the invoice. The buyer also must be responsible for the delayed payment fee of THB20,000 per invoice.

3. If the buyer fails to make payment within the time specified in clause 1 for more than 30 days, Freshket reserves the right to terminate the system usage permission, and the buyer must be responsible for all the costs that may incur from product order as specified in the invoice. The buyer also must be responsible for the delayed payment fee of THB 20,000 per invoice, with 15% annual interest rate on the outstanding amount, including any expense incurred in course of demanding payment of debt and all costs regarding legal procedures.

4. In cases where buyer fails to make payment to the seller, Freshket will bear 50% of the order cost, but not exceeding THB 10,000, which will be paid within 30 days from the date of delivery based on provable evidence on Freshket system only, and Freshket reserves the right to consider the responsibility.

General Terms and Condition

1. If the seller fails to deliver the amount of goods as agreed in the order (buyer has confirmed on the order from the seller in the system) for over 30% of each item amount as per order (considered from the list of goods purchased). The buyer has the right to cancel the order.

2. If the seller fails to deliver the goods in time as appointed or agreed, which is provable with written evidence in Freshket system (but able to deliver within the same day) for over 30% of the total in that month. The seller will receive one time warning, and if the seller has been warned 3 times consecutively, his/her business will be withheld for 30 days.

3. If the seller fails to deliver the goods as per the agreed order (buyer has confirmed on the order from the seller in the system) to the buyer without prior notice and is unable to make arrangements with the buyer. The seller must be 100% responsible for the total cost of goods to the buyer. Otherwise, the seller’s business will immediately be withheld on Freshket until such 100% compensation is paid. Also, the seller must provide the preventive measure to Freshket team to avoid such problem from arising again.

4. If the seller fails to deliver the goods to the buyer without prior notice and is unable to make arrangements with buyer, but is willing to make the full compensation to the buyer as specified in clause 3- If such case happens 3 times within 2 months, the seller’s business will immediately be withheld for 45 days and the seller must provide the preventive measure to Freshket team to avoid such problem from arising again.

5. If the seller fails to deliver the goods to the buyer without prior notice and is unable to make arrangements with buyer, but is willing to make the full compensation to the buyer as specified in clause 3- If such case happens 3 times within 1 month, the seller’s business will be terminated in the system immediately.