The terms and conditions of use of the Pickles Permanent/Frequent Buyer Card, as stated below, sets out your rights and obligations as a cardholder. If you wish to become a cardholder and if you accept the terms and conditions of use you should sign the Agreement where indicated at the foot of each page and return this Application to the Pickles Auctions branch in your State. An additional copy is enclosed for your records and future reference.
Unless you have already agreed in writing to the “Terms and Conditions Of Use” as set out below, the use of your Pickles Permanent/Frequent Buyer Card (“the Card”) will be deemed your acceptance of agreement to such terms and conditions being as follows:-
1. The Card is issued by Pickles Auctions Pty Limited (“Pickles”). It is not a credit card.
2. The Card always remains the property of Pickles and you must return the Card to Pickles upon request. The Card may be cancelled without notification to you for any reason whatsoever.
3. The Card may only be used by you during the term of its currency or until cancelled by Pickles.
4. (a) The Card may be used by you at any of our auction sales held in Australia to bid for lots using your Card number. In the event of lots being knocked down to you, payment due is the knockdown price at auction plus all fees and charges. (All additional charges are exclusive of GST, with GST added on the total charges). Should you be a successful purchaser with your Card, you must pay for the goods purchased within 1 day with the exception that you may, at the discretion of Pickles, pay for the goods with your personal cheque.
5. Pickles reserves the right to refuse to accept a bid against your Card number at any of its auctions without prior notification to you.
6. You must notify Pickles immediately on learning of the loss or theft of the Card or any unauthorised use of it. Prior to the time that you notify Pickles of the loss or theft of the Card or its unauthorised use, you are liable for the unauthorised use of it and for payment of the goods purchased at auctions conducted by Pickles where the unauthorised use of the Card or your number has occurred. When reporting the loss, theft or unauthorised use of the Card, all relevant information within your knowledge about how the loss, theft or unauthorised use occurred must be provided by you.
7. You must notify Pickles immediately of any change of your business details.
8. Pickles may at any time issue a new Card to you in replacement of the Card.
9. Pickles reserves the right to vary these terms and conditions of use without prior notice to you.
10. You must produce the Card upon demand by Pickles or any of its staff when using it or intending to use it for the purpose of establishing your identity at any Pickles auction.
11. In the event of the Card being issued to a company then the Card can only be used by the person who is nominated and authorised in writing by the company to use the Card.
12. Whenever you are a successful bidder at our auctions you will be bound to purchase the goods for which you have successfully bid in accordance with the terms and conditions of the auction and/or sale which will be on display and which you undertake and agree to have read and understood before bidding.
13. You must pay all bank charges and government duties payable on the amount paid by you for the purchase of goods at auction in addition to the purchase price and you acknowledge that such charges and duties are recoverable by Pickles from you.
14. You acknowledge that Pickles is an auctioneer and is acting as the agent of the Vendor and as such is providing services to the Vendor and not to you and if any dispute arises (whether before or after Pickles has paid the Vendor) then such dispute will be between you and the Vendor and you agree that Pickles will be excluded from any subsequent claim, action or Court proceedings in which respect you agree to indemnify Pickles from all liability including costs incurred by it in relation to any such claim action or Court proceedings.
15. You acknowledge that any reference by Pickles or its staff to the condition or state of repair of goods being offered for sale is a reference to the condition or state of repair as advised to Pickles by the Vendor and that you must satisfy yourself in regard to the condition and state of repair of all goods for which you may bid.
16. If you are the successful bidder for goods comprising chattels other than a motor vehicle or an accident damaged vehicle then you agree to pay Pickles a buyer’s premium in the amount equal to such percentage of the purchase price or other amount stipulated and announced by the auctioneer prior to the commencement of the auction in addition to the purchase price.
17. If goods for which you are the successful bidder at any Pickles auction, a processing fee equivalent to that advertised at the relevant auction will be paid upon payment of the invoice. The processing fee is exclusive of GST. GST is added to the processing fee charge.
18. If the goods for which you are the successful bidder are not collected by you within one (1) working day you agree to pay a storage fee of $50 per day thereafter and Pickles reserves the right to re-auction these items at no reserve and deducting 10% commission. (All charges are exclusive of GST) with GST being added to the total charges).
19. A $55.00 administration fee is to apply upon application.
20. Safety Warning Re sale of plant and equipment:
The Occupational Health Safety Act, in various states (“the Acts”) and the subsequent Occupational Health Safety & Welfare Regulations (“the Regulations”) impose obligations in respect of safety for workers arising out of the design manufacture and supply of plant and equipment (“plant”) for use in a workplace. As a prospective buyer you are warned that any plant offered for sale is not fit for use in any workplace and if you are a successful bidder for plant it will be your responsibility to ensure that the plant is brought to a standard necessary to comply with the Act and the regulations, in the state of purchase before using it and to carry out testing and examination to ensure it is safe and fit for use in the workplace. In so far as it is readily available, the relevant health and safety information prepared by the Designer or Manufacturer of the plant and any records kept by previous owners of the plant under the Regulations (“the information and/or records”) will be commencement of an auction. Where no such information and/or records are available, no liability for the absence of same is assumed by Pickles and/or the Vendor. It is your responsibility to ensure that you seek to ascertain the information and/or records of your own accord and you must provide them to the end user of any plant, which you purchase. A copy of the Act and the Regulations of the relevant state will be available at the auction for inspection upon request. You are warned that breach of the Act and the regulations carry very heavy penalties. In the interests of health and safety for workers, safety inspections of all plant purchased at auction must be performed by you. Where the plant is to be used in areas not covered by the Act and the Regulation, you should regard plant as unfit for use.
21. As a purchaser, you agree the purchase price of a lot or lots have been calculated inclusive of Goods and Services Tax (GST) unless otherwise stated. If the whole or any part of any purchase price is the consideration for a Taxable Supply, you must pay the Auctioneer an amount equal to the GST Amount with that purchase price. The Auctioneer will provide you a tax invoice (if applicable) at the same time at which any GST amount is payable. The GST Amount means any payment (or the relevant part of the payment) multiplied by the appropriate rate of GST, currently 10% or as otherwise stated.
22. That any information completed by me can be used for direct marketing and that the Auctioneer retains this information in its database.
In consideration of the issue of the Card to me and the rights conferred on me thereunder including the right to bid at your auctions I accept and agree to the abovementioned Terms & Conditions of Use and the Terms and Conditions of Auction and/or Sale and the obligations imposed thereby upon me.