Medical Auctions (BMA) Ltd trading as British Medical Auctions Terms and Conditions Medical Auctions (BMA) Ltd is a company registered in England and Wales under number 09914912 whose registered office is at Bailey House, 4-10 Barttelot Road, Horsham, West Sussex, RH12 1DQ. Vat Reg No: 232 4255 37 The following terms and conditions listed below will be governed by the laws of the United Kingdom to form a legal agreement between you “Buyer/s” and Medical Auctions (BMA) Ltd “British Medical Auctions”. For more information please contact us on +44(0)1252 299 024 Online services are provided by proxibid.com. Online Buyers agree to the additional terms and conditions provided at https://www.proxibid.com/asp/UnifiedUserAgreement.asp Buyers acknowledges that a sale by auction IS NOT a consumer sale for the purposes of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994 and as replaced by the Consumer Rights Act 2015) and the Unfair Contract Terms Act 1977 / 1999 Regulations and the Buyer shall not seek to rely upon any conditions or warranties implied thereby or by any other legislation.All items/lots are sold “as is, where is” with no grading or guarantees irrespective of condition, wear, damage, and with all faults. All prices exclude VAT. All taxes arising from sales will be charged to Buyers, and will be added to the purchase price. British Medical Auctions may refund the VAT paid by the Buyer on the production of a completed bill of lading or relevant export document to the satisfaction of British Medical Auctions. The auctioneer reserves the right to at its discretion contact any bidders to collect a partial invoice payment during the live auction. Unknown/first time or previously slow paying bidders will have a £5,000 purchase limit. To reinstate the bidding account, the bidder must make a £2,500 payment against their current invoice. Additionally, a £250 deposit will be collected on the credit card used at the time of registration for the auction event via proxibid.com. The deposit will be refunded to non-winning bidders. The £250 deposit will be held by British Medical Auctions for any first time or unknown bidders until the full invoice amount is paid at the close of the auction event by the accepted forms of payment. If the total invoice amount including, but not limited to sale price, VAT and buyer's premium is less than the deposit, the remaining deposit funds will be refunded to the winning buyer's credit card. All outstanding invoices must be paid within five business days of the auction. Outstanding invoices beyond five working days will be considered abandoned (see point 13).On-line buyers should be aware that any payment due that is not received in cleared funds by British Medical Auctions will be taken from the credit card or debit card provided during registration on the proxibid.com website. Buyers agree to pay the purchase price in full. All outstanding invoices must be paid within five (5) business days of the auction. Outstanding invoices beyond five working days will be considered abandoned. On-line buyers should be aware that any payment due that is not received in cleared funds by British Medical Auctions will be taken from the credit card or debit card provided during registration on the proxibid.com website. British Medical Auctions will charge a Buyer’s premium of 20% of the final sales price + VAT. This will be added to hammer price. There is a cash payment limit of €15,000 / £12,000 No purchases may be removed until full payment has been received. Buyers or their agent(s) must pay for, accept delivery, and remove the items/lots purchased. Buyers are solely responsible for: packaging, loading, removing, shipping and all other costs associated with removing the items/lots; all risk of loss, damage and personal injury caused by removing the items/lots; repairing and restoring any loss or damage caused by removing the items/lots; providing adequate insurance for the items/lots from the fall of the hammer, and British Medical Auctions reserves the right to request a copy of the insurance policy at any time. Items/lots must be paid for and removed within five working days the auction. Items/lots not paid for and removed within the required time frame will subject to a 30% (of invoice value) re-lotting fee, without exception Buyers are responsible for checking the quantities of the items/lots purchased. No adjustments in quantities will be made after the items/lots are collected by Buyer or Buyer’s agent. Acceptance of bid is a commitment to purchase and legally binding on Buyer, its principals, or agents. Once a bid is accepted, neither British Medical Auctions nor owners will be liable for any loss, shortage, damage or liability arising from or as a result of any reason whatsoever, including without limitation, negligence, any act or omission, strikes, industrial disputes, civil disruptions, war, terrorism, natural disaster, acts of God, and/or any other event or occurrence in or beyond British Medical Auction’s or owner’s control. Buyers are advised to pre-arrange insurance coverage of their purchases on award of bid. If, for any reason whatsoever, British Medical Auctions fails to deliver an awarded item/lot, the British Medical Auction's sole liability shall be the return of any deposit or monies paid on said item/lot, and Buyer shall have no further claim whatsoever including without limitation direct, indirect, consequential, exemplary or incidental damages. Items/lots may be offered subject to a reserve price without notice to the bidders. British Medical Auctions may, at their sole discretion, without reason, notice or liability of any kind, at any time prior to or after commencement of any auction, but prior to close of bidding, alter, withdraw or vary any or all items/lots, refuse to accept any bid or terminate bidding on any or all items/lots, or cancel an auction entirely. The advances, progression, and rules in the bidding shall be regulated at the sole discretion of British Medical Auctions. British Medical Auctions reserves the right not to acknowledge or accept any bid. British Medical Auctions further reserve the right to refuse any bid for any reason. Quantities, descriptions, weights, measurements, dimensions, serial and machine numbers, year and models set out on the items/lots in the auction brochures, catalogues, any advertisements, seller information, and/or invoices or reports are believed to be accurate. However, British Medical Auctions, owners, or agent(s) are not responsible or liable for any discrepancies, inaccuracies or failure of the items/lots to correspond with any written or verbal representation of such information made by or on behalf of either the British Medical Auctions or owner, or any perceived or expected standard or custom, or any other particulars such as the genuineness or authenticity of any items/lots. No item/lot shall be sold or deemed sold by description or such information and Buyer shall not be entitled to rely thereon. All such information is given by way of identification only and no warranty, condition, representation or guarantee is made, given or is to be implied. British Medical Auctions and/or owner are not responsible or liable for any damage or loss (direct, indirect, consequential or otherwise) arising as a result of any inaccuracy in respect thereof. Items/Lots are available for inspection prior to auction during the allocated office hours as indicated in the online auction catalogue, found at www.proxibid.com. Buyers or their agents must satisfy themselves that they wish to participate in the auction. Personal Information. Medical Auctions (BMA) Ltd trading as British Medical Auction will collect information from you “Buyer/s” before you are able to participate in any auction. The information collected by British Medical Auctions included but is not limited to: First Name, Last Name, Company Name, Company Number, Vat Number, Billing Address, Shipping Address, Phone Number, Email Address. Online services are provided by proxibid.com. Online Buyers agree to the additional privacy policy at https://www.proxibid.com/asp/PrivacyPolicy.asp All personal information provided to British Medical Auctions by the Buyer will be treated confidentially and shall not be passed to third parties, except where necessary to complete the sale of the items/lots. British Medical Auctions may disclose such confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. Buyers can obtain access to their personal information to review, update and correct by writing to info@britishmedicalauctions.co.uk Buyers and Sellers may withdraw personal information by writing to info@britishmedicalauctions.co.uk All privacy related inquiries are to be made to info@britishmedicalauctions.co.uk Requests to withdraw personal information could prevent British Medical Auctions from being able to provide services to the buyer. This policy was last updated 08/08/2017 British Medical Auctions If any part of the terms and conditions is deemed unenforceable, the enforceability of any other part of the terms and conditions shall remain unaffected. These terms and conditions contain the whole agreement between the parties in respect of its subject matter and supersedes any prior written or oral agreement between them relating to it and the parties confirm that they have not entered into the acceptance of these terms and conditions on the basis of any representations that are not expressly incorporated in the terms and conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the terms and conditions, but nothing shall limit or exclude any liability for fraud. The parties to these terms and conditions do not intend that any term of the terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. The Consumer Credit Act 1974 as amended does not apply to the terms and conditions. These terms and conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims). These terms and conditions may not be changed, amended or modified except by British Medical Auctions, and maybe changed and modified by British Medical Auctions at any time. All materials including images, illustrations, designs, icons, photographs, and written and other materials that are a part of any auction brochures, catalogues, any advertisements, seller information, and/or invoices or reports are copyrights, trademarks and/or other intellectual property owned and controlled by British Medical Auctions.