Pickles Direct Terms and Conditions - Effective 1 Mar 2026
1. Application and precedence
1.1 This Annexure applies only to Lots designated by the Auctioneer as being offered for sale via the Pickles Direct platform and collected from premises controlled by the Vendor.
1.2 This Annexure forms part of, and must be read together with, the Auction Terms and Conditions.
1.3 If there is any inconsistency between this Annexure and the Auction Terms and Conditions, this Annexure prevails to the extent of that inconsistency in respect of Pickles Direct Lots.
2. Additional definitions
In this Annexure, unless the context otherwise requires:
Collection Location means the physical premises controlled by the Vendor where the Lot is stored and is to be collected by or on behalf of the Buyer. The Auctioneer does not control, manage, inspect or supervise the Collection Location and is not responsible for site conditions, access arrangements or safety compliance at that location.
Higher-Risk Lot means any Lot comprising or involving:
(a) forklifts, cranes, hoists, elevated work platforms or lifting equipment;
(b) mobile plant, earthmoving equipment or heavy machinery;
(c) hazardous substances, dangerous goods, chemicals, fuels, oils or pressurised vessels;
(d) electrical plant, switchgear or equipment requiring licensing, isolation or specialist handling;
(e) non-mobile, oversized or abnormal loads; or
(f) any Lot which, by its nature or location, presents an elevated WH&S risk during access, loading or removal.
Occupier means the person or entity who controls the Collection Location. For the avoidance of doubt, the Auctioneer is not the Occupier of any Collection Location and does not control site conditions, access protocols, identified hazards or the physical environment at any Vendor premises.
Business Day means a day that is not a Saturday, Sunday or public holiday in the State or Territory in which the Auction Sale took place.
3. Pickles Direct sale model – acknowledgements
3.1 The Buyer acknowledges and agrees that, in respect of Pickles Direct Lots:
(a) the Auctioneer does not inspect the Lot;
(b) the Auctioneer does not verify the description, condition, age, completeness, operability, compliance status or safety of the Lot;
(c) all photographs, descriptions, disclosures and particulars are provided solely by the Vendor;
(d) the Auctioneer republishes information supplied by the Vendor and does not adopt, endorse or make that information as its own representation;
(e) the Lot is sold and collected from the Collection Location, not an Auction Site; and
(f) the Auctioneer does not manage, supervise or control Buyer access to the Collection Location or any collection activities.
4. No reliance and buyer due diligence
4.1 Without limiting clauses 6, 11, 12, 18 and 19 of the Auction Terms and Conditions, the Buyer:
(a) must not rely on any photograph, description or information provided in the Listing;
(b) acknowledges that such information may be incomplete, inaccurate or outdated; and
(c) accepts the Lot on an “as is, where is, with all faults” basis.
4.2 The Buyer is solely responsible for:
(a) inspecting the Lot (where permitted by the Vendor);
(b) assessing condition, suitability and compliance;
(c) obtaining specialist or technical advice; and
(d) ensuring compliance with all applicable laws, including WH&S Legislation.
5. Entry to Collection Location – risk allocation
5.1 The Buyer acknowledges that entry to the Collection Location is at the Buyer’s own risk.
5.2 The Buyer must comply with:
(a) all safety instructions, site rules and directions issued by the Vendor or its representatives; and
(b) all applicable WH&S Legislation and industry standards.
6. Auctioneer not an occupier or controller
6.1 The Buyer and Vendor acknowledge and agree that:
(a) the Auctioneer is not the Occupier of the Collection Location;
(b) the Auctioneer does not control, manage, supervise or inspect the Collection Location;
(c) the Auctioneer does not warrant the safety, suitability or compliance of the Collection Location; and
(d) the Auctioneer accepts no liability for personal injury, property damage or loss suffered at the Collection Location.
7. Buyer insurance obligations
7.1 Before entering the Collection Location, the Buyer warrants that it holds public liability insurance appropriate for entering third-party premises and undertaking loading, unloading and removal activities.
7.2 The Buyer’s insurance must cover injury to persons and damage to property arising from collection activities.
7.3 The Auctioneer may require evidence of such insurance prior to issuing any Gate Pass, Collection Authority or release instruction.
8. Higher-Risk Lots – mandatory escalation requirements
8.1 Where a Lot is a Higher-Risk Lot, the Buyer must not attend the Collection Location unless and until:
(a) suitably qualified, licensed and competent contractors are engaged;
(b) a site-specific risk assessment and safe work method statement (SWMS) has been prepared;
(c) all required permits, licences and insurances are in place; and
(d) evidence of compliance is provided upon request.
8.2 In respect of a Higher-Risk Lot, the Buyer warrants that its insurance expressly covers high-risk plant, lifting, rigging, hazardous materials handling and transport activities.
8.3 Any cooperation by the Vendor in relation to access for a Higher-Risk Lot does not constitute supervision or control of Buyer activities.
8.4 The Auctioneer may withhold issuance of a Gate Pass or Collection Authority where:
(a) insurance evidence is not provided;
(b) proposed collection arrangements appear manifestly unsafe; or
(c) the Vendor reasonably refuses access due to WH&S concerns.
8.5 Any decision by the Auctioneer under this clause is a commercial decision only and does not involve assessment of WH&S compliance or site safety.
9. Vendor site responsibilities
9.1 The Vendor is solely responsible for:
(a) ensuring the Collection Location is reasonably safe for Buyer access;
(b) identifying and managing site-specific hazards; and
(c) disclosing material hazards prior to collection.
10. Collection arrangements and information sharing
10.1 The Buyer consents to the Auctioneer providing the Buyer’s contact details to the Vendor for the purpose of facilitating collection.
10.2 All collection arrangements are strictly between the Buyer and the Vendor.
10.3 The Auctioneer is not a party to, and has no responsibility for, collection arrangements.
11. Gate Pass / Collection Authority
11.1 Issuance of a Gate Pass or Collection Authority is subject to:
(a) cleared funds being received;
(b) receipt of any required insurance evidence; and
(c) compliance with Vendor site requirements.
11.2 Issuance of a Gate Pass or Collection Authority does not constitute acceptance of responsibility by the Auctioneer for site safety or collection activities.
12. Limited Misrepresentation Notification Period
12.1 This clause applies only to Pickles Direct Lots.
12.2 If the Buyer:
(a) attends the Collection Location within five (5) Business Days of completion of the Auction Sale; and
(b) provides reasonable supporting evidence that the Lot has been materially misrepresented in the Vendor’s Listing, the Buyer may notify the Auctioneer in writing within that five (5) Business Day period requesting cancellation.
12.3 A material misrepresentation means a substantial and objectively verifiable inaccuracy in the Vendor’s Listing that would reasonably have affected the Buyer’s decision to bid.
12.4 Minor discrepancies, wear and tear, cosmetic defects or matters discoverable upon reasonable inspection do not constitute material misrepresentation.
12.5 Time is strictly of the essence.
12.6 If the Buyer does not attempt to collect within five (5) Business Days, or does not notify the Auctioneer within that period, the Auctioneer may release the sale proceeds to the Vendor on the sixth (6th) Business Day.
12.7 Upon release of sale proceeds: (a) the Auctioneer has no further authority to cancel the sale; and (b) the Buyer must pursue any claim or remedy directly against the Vendor.
12.8 The Auctioneer may suspend release of sale proceeds pending review of a notification but is not required to adjudicate disputes beyond this clause.
12.9 Nothing in this clause limits, excludes or modifies any rights the Buyer may have under the Australian Consumer Law.
13. Buyer indemnity
13.1 The Buyer indemnifies and releases the Auctioneer on a full indemnity basis from all Loss arising from or in connection with:
(a) entry to the Collection Location;
(b) collection, loading or transport of the Lot;
(c) personal injury, death or property damage;
(d) breach of WH&S Legislation; or
(e) disputes between the Buyer and the Vendor, except to the extent caused by the Auctioneer’s negligence.
14. Vendor indemnity
14.1 The Vendor indemnifies and releases the Auctioneer on a full indemnity basis from all Loss arising from or in connection with:
(a) inaccurate or incomplete Listings;
(b) unsafe site conditions;
(c) WH&S non-compliance at the Collection Location; or (d) Buyer access to the Collection Location.
15. Continuing Operation
15.1 Clauses 5 to 14 survive completion, cancellation or termination of the Auction Sale.