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The policies posted on our sites set out the terms of your access and use of Pickles Asia Sdn Bhd’s services.
- Auction Terms and Conditions, including registration, bidding, winning, ownership transfers, “AS IS” condition, and refunds shall be governed by https://www.pickles.my/auction-terms.
- Seller Terms and Conditions shall be governed by https://www.pickles.my/seller-terms-and-conditions.
- Online Platforms Terms of Use govern the use of our Online Platforms and can be found at https://www.pickles.my/app-terms-conditions.
Auction Terms and Conditions
1. Definitions
1.1 The terms and phrases used in these Terms and Conditions shall bear the meaning given to them in the Glossary of Terms set forth at the end of this document.
2. General
2.1 All Parties participating in any Auction shall be bound by the Terms and Conditions set out hereunder. These Terms and Conditions shall be governed and construed in accordance with the laws of Malaysia.
2.2 Any Auction may be carried out as an Onsite Auction, an Online Auction, or a Mixed Auction, as determined by Pickles Asia.
2.3 Members present at an Auction Premise and intending to participate in the Auction may, at the discretion of Pickles Asia, be required to participate in the Auction via an Online Platform or may alternatively be issued with a Bidding Card.
2.4 Use of the Online Platform shall be governed by Pickles Asia’s Terms of Use of Online Platforms, which is available at https://www.pickles.my/app-terms-conditions.
2.5 In the event Pickles Asia decides to carry out a Mixed Auction, the Members may participate in the Auction either by way of Onsite Bidding or Online Bidding, as Pickles Asia may determine.
2.6 By participating in an Auction, participating Members hereby agree and accept that:
(a) where Onsite Auctions are concerned, the Members have entered the Auction Premises at their own risks. In the event Pickles Asia engages a third party to provide the Auction Premises, Pickles Asia shall not be held liable for any personal injury, death, loss, damages or liability that any Party may suffer when participating in such Auctions at the third party Auction Premises;
(b) the valuation of each Lot pursuant to the Auction is made by Members on their own independent judgment;
(c) vehicle registration numbers are not included in any of the Lots sold;
(d) they are participating in the Auction of their own free will;
(e) Pickles Asia is merely providing Auction services and provides no guarantee, warranty or representation on the condition, status, ownership or any other matter whatsoever relating to the Lot;
(f) Save where Pickles Asia is the owner of the Lot in question, in which case the provisions in these Auction terms and conditions relating to a Seller shall apply to Pickles in respect and solely in respect of such Lot, Pickles shall owe no liability towards any Member in connection with the Lot save as provided in these Auction terms and conditions; and
(g) they have read, understood and agreed to be bound by these Terms and Conditions. These Terms and Conditions wherever mentioned herein, shall be deemed to be of essence and by participating in an Auction, a Member agrees to indemnify and hold Pickles Asia harmless against any loss and damage suffered pursuant to any breach of these Terms and Conditions by such Member.
2.7 All Auctions will be conducted by Pickles Asia via an Auctioneer of its choice and Pickles Asia shall:
(a) for Onsite Auctions, have the absolute discretion to refuse the admission or attendance of any person(s) in or on the premises of the Onsite Auction, including any Member;
(b) for Online Auctions, have the absolute discretion to refuse any participation in the Online Bidding, place restrictions on interactions or deny access of any person(s), including any of the Parties, to the Online Platform(s);
(c) be the sole arbiter in all cases of dispute and any decision(s) made by Pickles Asia shall be final and binding on the Parties;
(d) be at liberty to postpone, call off or adjourn any Auction at any material time without having to provide any reasons or grounds whatsoever and such decision shall not be questioned in any court of law or arbitral tribunal; and
(e) in the event that a discovery is made through any means that there has been any fraud or any misrepresentation of any Technical Specification, Pickles Asia shall have the right to cancel or cause any sale and/or transaction in respect of the relevant Lot to be void (even if the Purchase Price has been paid in full).
3. Pre-Auction registration
3.1 All persons must first register themselves as a Member with Pickles Asia in order to be eligible to participate in any Auctions.
(a) The application to register as a Member by one of the following means:
(i) registering physically at the offices of Pickles Asia;
(ii) registering physically at the Auction Premises prior to commencement of any Auction; or
(iii) registering online via the Pickles Asia Auctions mobile app.
(b) All information and supporting documentation including (but not limited to) copies of the national
registration identity card (if Malaysian) or valid passport (if non- Malaysian) requested by Pickles Asia for such person to be registered as a Member must be submitted to Pickles Asia.
(c) A person who has submitted an application to become a Member but has not yet been approved and registered as a Member by Pickles Asia shall be a “Pending Member”.
(d) A Pending Member may not actively participate in any Auction until their status is changed to “Member”.
3.2 For Onsite Bidding:
(a) on the day of Auction, all Members intending to participate in the Auction are required to confirm their attendance at Pickles Asia’s check-in counter on the Auction Premises, at which point such Members must produce their original national registration identity card (if Malaysian) or original passport (if non-Malaysian) as proof of being a Member; and
(b) participation of any Party in any Auction is at Pickles Asia’s sole discretion and Pickles Asia may refuse to allow any Party onto the Auction Premises and/or allow any Party to participate in Online Bidding for any Auction without assigning any reason whatsoever.
3.3 For Online Bidding, Members are required to log into their membership account on the Online Platforms for them to participate in the Auction.
3.4 If a Member intends to place a Bid on behalf of a Principal, such Member will be required to provide a duly executed letter of authorisation from the Principal (in the form provided by Pickles Asia) to Pickles Asia prior to the commencement of the Auction.
