Business Day means a day that is not a Saturday, Sunday, public holiday or bankholiday in the state in which the sale of the Motor Vehicle takes place.
Buy Back Offer means the offer provided under these Buy Back Terms andConditions.
Buyer means the person who originally purchased the Motor Vehicle from Pickles.
Date of Sale means the date on which: -
(a)Pickles receives from the Buyer, a signed contract or disposal form as applicable;and
(b)Pickles receives clear funds from the Buyer being the purchase price and any applicable fees;
whichever is last to occur
EFT means electronic funds transfer.
Motor Vehicle means a vehicle (including accessories, tyres, tools and fittings and all additions and replacement parts fitted) which is eligible for the Buy Back Offer and has been purchased with the benefit of the Buy Back Offer.
Pickles means Pickles Auctions Pty. Limited (ABN 32 003 417 650).
Return Period means the period beginning on the Date of Sale and ending at 4pm on the seventh day after the Date of Sale. For the avoidance of doubt, the seven (7) day period is inclusive of the Date of Sale.
2. BUY BACK OFFER SCOPE
2.1 These Buy Back Terms and Conditions set out the terms and conditions which are applicable to Pickles’ Buy Back Offer.
2.2 The Motor Vehicles to which the Buy Back Offer applies is determined at the discretion of Pickles and may change from time to time at Pickles’ sole discretion.
2.3 The Buy Back Offer and these Buy Back Terms and Conditions are in addition to the Buyer’s consumer law rights and in no way limit, diminish or alter the Buyer’s legal rights.
3. BUY BACK OFFER PROTECTION
3.1 Where a Buyer has purchased a Motor Vehicle from Pickles, the Buyer may, during the Return Period, return that Motor Vehicle to Pickles for convenience and without reason.
3.2 If the Buyer elects to return the Motor Vehicle during the Return Period, Pickles will, subject to these Buy Back Terms and Conditions:
a) purchase that Motor Vehicle from the Buyer at the purchase price originallypaid by the Buyer; and
b) refund to the Buyer any administrative and government fees and stamp duty(if any) paid directly to Pickles.
For the avoidance of doubt, this amount will not include any costs including transportation costs, on-road costs including permits, registration charges, taxes, duties, government charges incurred or paid by the Buyer to any other party including any government authority on any account in connection with the purchase or use of the Motor Vehicle.
4. RETURNS PROCEDURE
4.1 If a Buyer wishes to return a Motor Vehicle, to Pickles it must:
a) inform Pickles of its decision, and
b) attend, in person and with the Motor Vehicle, the Pickles facility from which it purchased the Motor Vehicle,
by 4:00pm on the final day of the Return Period. If the last day of the Return Period is a day on which Pickles is not open for business then, the Buyer will have until 4.00pm the next Business Day to attend the relevant Pickles facility with the Motor Vehicle.
4.2 The Buyer must:
a) bear the costs associated with returning the Motor Vehicle in accordance with clause 4.1; and
b) comply with any other reasonable directions of Pickles for returning the Motor Vehicle.
4.3 A Buyer will only be entitled to the benefit of the Buy Back Offer if the following conditions have been met:
a) the Buyer’s purchase of the Motor Vehicle must have been completed without use of borrowed funds or assistance from a third party financier or lender;
b) the Buyer has notified Pickles and returned the Motor Vehicle in accordance with Clause 4.1;
c) the Buyer holds full un-encumbered title to the Motor Vehicle at the time of its return to Pickles. and since the Date of Sale has not sold the Motor Vehicle to any third party nor used the Motor Vehicle as security for any loan, arrangement, finance or similar event
d) the Motor Vehicle is in the same condition that it was in at the Date of Sale. and the Buyer agrees that Pickles’ records, as to the condition of the Motor Vehicle at the Date of Sale will be treated as the definitive record of the Motor Vehicle’s condition at the Date of Sale. For the avoidance of any doubt, the Motor Vehicle must not be altered in any way from the condition it was in at the Date of Sale including but not limited to any aesthetic, cosmetic, structural or mechanical alteration;
e) the kilometres travelled by the Motor Vehicle since the Date of Sale must not be more than 500 kilometres. The Buyer agrees that Pickles’ records as to kilometres-travelled at the Date of Sale will be treated as the definitive record of the Motor Vehicle’s kilometres at the Date of Sale;
f) the Buyer must not (in the reasonable opinion of Pickles) be guilty of any conduct of the type as detailed in Clause 8; and
g) the Buyer is not licensed or unlicensed motor vehicle dealer or trader, or wholesaler (as reasonably determined by Pickles) as that term may apply or be defined in any state or Territory of Australia.
5. SALE AND PURCHASE
5.1 Risk of loss or damage to the Motor Vehicle will pass to Pickles when the Motor Vehicle is returned in accordance with clause 4.1 and accepted by Pickles.
5.2 As soon as reasonably practicable after the Motor Vehicle is returned in accordance with clause 4.1, Pickles will inspect the Motor Vehicle and undertake any such searches it deems necessary to confirm whether the conditions set out in Clause 4.3 have been met.
5.3 If, after the inspection and searches described in clause 5.2 have been carried out, Pickles is satisfied that the conditions set out in clause 4.3:
a) have been met, then within 2 Business Days it will pay to the Buyer the amount described in clause 3.2;or
b) have not been met, then it shall notify the Buyer. Upon providing that notice to the Buyer, the risk of loss or damage to the Motor Vehicle shall pass from Pickles to the Buyer and Pickles will not accept any liability whatsoever in relation to the Motor Vehicle whilst left at its facility.
5.4 If clause 5.3(a) applies, the Buyer shall execute all such documents and undertake all such acts as Pickles may reasonably request in order to perfect and give effect to any transfer of ownership of the Motor Vehicle from the Buyer to Pickles
5.5 If clause 5.3(b) applies, the Buyer shall at its own expense within 2 Business Days of being notified by Pickles, collect the Motor Vehicle from Pickles during the usual opening hours of the Pickles facility where the Motor Vehicle is being stored.
5.6 If the Buyer fails to collect the Motor Vehicle from Pickles as required by clause 5.5, then Pickles may dispose of the Motor Vehicle on behalf of the Buyer by retail sale. The Buyer irrevocably authorises Pickles to do so and the Buyer shall be deemed to be the seller of that Motor Vehicle. Any proceeds of sale received as a result of disposing of the Motor Vehicle will be remitted to the Buyer less all costs and expenses incurred by Pickles in storing and disposing of the Motor Vehicle on behalf of the Buyer. Where Pickles is unable to achieve a retail sale then the Buyer shall indemnify Pickles on demand for all costs and expenses reasonably incurred by Pickles in storing the Motor Vehicle for a maximum of 30 days and disposing of that Motor Vehicle on behalf of the Buyer at public auction. The Buyer must execute all documents and undertake all acts as Pickles may reasonably require in order to give effect to any disposal of a Motor Vehicle on behalf of the Buyer.
5.7 Funds payable to the Buyer by Pickles will be made by EFT only. Pickles will not accept directions to pay any other person or entity other than the named Buyer.
6. WARRANTIES AND INDEMNITIES
6.1. The Buyer represents and warrants the Motor Vehicle returned in accordance with clause 4.1:
a) is free from any interest under a bill of sale, mortgage, charge, lien, pledge or retention of title by way of security for any payment of debt or performance of any other obligation, including any agreement to grant or create any of these interests; and
b) was not used for any purpose for which it is not designed or suitable. This includes, for example, any illegal activity, racing, pace-making or speed or other testing, the carriage of passengers for hire or reward, or for the transportation of dangerous or noxious substances or any other load which might harm the Motor Vehicle;
6.2. The Buyer releases Pickles from and indemnifies Pickles against any liability, costs, losses and expenses in connection with:
a) a breach of the warranties provided under clause 6.1;
b) a person being injured or killed or property being damaged, directly or in directly by the Motor Vehicle or its use during the Return Period; or
c) any fine or penalty it may incur because of a breach by the Buyer, or a driver of the Motor Vehicle, of any road traffic regulation authority, law or licence condition during the Return Period.
7. BUY BACK OFFER IS NON-TRANSFERRABLE
7.1. A Buy Back Offer provided by Pickles, is solely for the benefit of the Buyer of the MotorVehicle. The Buyer is not permitted to resell, assign or otherwise transfer the benefit of a Buy Back Offer to any third parties and any attempt to do so will render the Buy Back Offer null and void.
8. CONDUCT OF BUYER
8.1. It is a condition of Pickles making a Buy Back Offer available to any Buyer that theBuyer has not colluded or agreed with any other person to exploit a Buy Back Offer for a Motor Vehicle for the purpose of artificially altering the Motor Vehicle market and/or attempting to mislead, deceive or unfairly profit off Pickles.
8.2. Pickles shall monitor all returns and subsequent re-sales of any Motor Vehicles purchased with the benefit of a Buy Back Offer and should such monitoring identify any patterns which indicate behaviour of the type detailed in Clause 8.1 (for example, that a Buyer is routinely returning Motor Vehicles bought with the benefit of a Buy Back Offer) then Pickles shall be entitled at its discretion to decline to accept from that Buyer any further returns of Motor Vehicles purchased with the benefit of a Buy Back Offer, even if all of the other conditions as detailed in Clause 4 have been met.