Lot 94Ethicon Endo-Surgery GEN11 Diathermy

The sale of medical equipment is only permitted to the following categories of Purchaser. Items of this type may not be resold on any public access website. By agreeing to our Terms and Conditions you are confirming that you are either:

a.      A medical equipment dealer

b.      A qualified user of medical equipment

c.      A purchaser intending to ship overseas

1       The Auctioneer reserves the right to: 

a   Sell subject to a reserve price

b   Advance the bidding at their sole discretion

c  Refuse to accept the bidding of any person or persons, without giving any reason therefore.

2       The highest bidder shall be the Purchaser and in the event of a dispute the Auctioneer shall have sole discretion to settle it or re-offer the lot. At the close of sale, the purchase cannot be cancelled and no allowance can be made. Where a sale has a combined lot that permits bidding on all or selected lots within a sale then the Auctioneer reserves the right to accept the combined lot bid against the individual bids.

3       The Auctioneer may arrange, consolidate, withdraw any lot or vary the order of sale without previous notice and may bid on the Vendor’s behalf for any lot offered either with a reserve or subject to the Auctioneers discretion.

4       Every lot shall at the close of sale be considered as delivered and the Purchaser shall be responsible for payment and removal of that lot. All lots which are subject to VAT will be marked as such in the lot details

PAYMENT: All lots must be paid for within 5 working days of the sale or as stipulated in the Specific Conditions of Sale. Payment must be made by secure funds such as direct money transfer or business credit/personal or business debit card. A surcharge will be made for credit card transactions, there is no charge for debit cards. Card payments made via the telephone will be limited to £1,500 (please note payment for € invoices cannot be made over the phone). We reserve the right to refuse cash payments for purchases and will not accept cash payments of over £500 (please note we cannot accept cash for € invoices). Cash payments are limited to £500 per customer per month.  

PAYMENT FOR WEBCAST SALES: Payment card details may need to be entered if you wish to buy items in a Webcast sale, this is to ensure that buyers have valid card details prior to bidding. You will not be automatically charged for your invoice amount if you are successful but you will still need to contact us within 5 working days of receipt of your invoice to make payment via the accepted payment methods.  

5       REMOVAL CONDITIONS: These conditions shall apply in relation to a lot that is to be collected from the Vendor’s premises following completion of the auction at which it was sold to the Purchaser

a. The Purchaser is responsible for collecting the lot from the premises at which it is located (“Location”)

b. The Purchaser is to contact the Vendor or Vendors Agent as soon as practicable after the auction to arrange a date, or dates, upon which the Purchaser may have access to the location premises to collect and remove the lot 

c. The Vendor or Vendors Agent is not to unreasonably withhold or delay its agreement to a suitable date and time for the Purchaser to have access to the location premises to collect and remove the lot 

d. The Purchaser is to comply with such stipulations as the Vendor may reasonably make in relation to the Purchaser’s access to the location premises and in relation to the collection and removal of the lot

e. The Purchaser is to collect the lot from the location premises by the later of: -
           i)5 days after the date of the auction at which the lot was purchased or
           ii)   any date agreed with the Vendor or their agents for the collection and removal of the lot
and time shall be of the essence for collection. The date for collection is referred to as “Removal” 

f. The Purchaser is to remove a lot from the location premises: -

                 i)  with all necessary care and skill

              ii)  using appropriate equipment and appropriately qualified and experienced personnel
iii)in accordance with all applicable regulations and legal requirements
iv)in accordance with the Vendor’s reasonable requirements
v) causing the minimum practicable damage and inconvenience to the Vendor and making good all damaged      caused forthwith
vi)    diligently and with all practicable speed

g. If so required by the Vendor, the Purchaser is, prior to collection and removal, to supply the Vendor with:-
i)   full details of the proposed means or method of removal of the lot
ii)  full details of the equipment and personnel to be used including the experience and qualifications of the persons to be employed in the collection and removal of the lot
iii) a satisfactory risk assessment in relation to the removal of the lot 
iv)    proof of such insurance cover as the Vendor may require to cover default by the Purchaser in complying with its obligations under these removal conditions

h. If the Purchaser fails to comply with these removal conditions, or any of them, then the Vendor may, upon giving    notice to the Purchaser to that effect, cancel the sale of the lot to the Purchaser

i.   If the Purchaser fails to collect and remove the lot by the removal date then the Vendor may:-
i)   without further notice to the Purchaser, resell the lot, as agent for the Purchaser, by such means as it shall decide and at such price as it may reasonably be able to obtain, in which event the Purchaser shall be liable for the costs of the resale
ii) store the lot at the Purchaser’s expense, in which event the costs of storage will be payable by the Purchaser on demand 
iii) cancel the sale of the lot, upon giving written notice of cancellation to the Purchaser. 

j.   If the Vendor cancels the sale of a lot under these removal conditions and subsequently resells the lot at a lower price the Purchaser shall be liable to the Vendor for the difference between that lower price and the price that would have been payable for the lot by the Purchaser if there had been no such cancellation, as well as for the costs of the cancelled sale

k.  The Purchaser shall indemnify and keep indemnified the Vendor from and against all costs expenses losses liabilities claims proceedings and other adverse consequences that the Vendor may suffer or incur wholly or partly as a result of any failure by the Purchaser to comply with these removal conditions or any of them, including any costs or expenses that the Vendor may incur in exercising its rights under these removal conditions as a result of any failure by the Purchaser to comply with them

l.   The Vendor shall have a lien over the lot for all amounts that it shall be entitled to claim from the Purchaser under these removal conditions as a result of any failure by the Purchaser to comply with them and because of any action or steps taken by the Vendor as a result of such failure, including any re sale as the Purchaser’s Agent or otherwise. The proceeds of any re-sale of the lot by the Vendor may be applied by the Vendor towards settlement of such amounts. If the Vendor sells the lot as the agent of the Purchaser, then it is to account to the Purchaser for any balance remaining thereafter.

6     No purchases may be removed during the sale except by sole discretion of the Auctioneers nor until such time as all monies due from the Purchaser shall be paid and cleared by the Bank. 

7     Only the registered bidder will be invoiced; no lots may be transferred to third parties following the sale.

8     A Buyers Premium of 22.5% will be charged on all lots. This is subject to Sales Tax (if applicable).

9     All goods are sold without guarantee unless indicated otherwise by the Auctioneer. All goods are sold with all faults and imperfections and errors of description. Purchasers should satisfy themselves prior to the Auction as to the condition of each lot. Any statement by the Auctioneers as to the lot is a statement of opinion only and every person should rely on their own judgement as to all matters affecting the lot.

10    All equipment is strictly ‘sold as seen’ with all faults whether indicated or not. Any goods ‘sold as seen’ cannot be returned. The Vendors and Auctioneers accept no liability for the condition of the goods, it is the Purchaser’s responsibility to sterilise and check such equipment prior to use and to ensure that any medical equipment is regularly serviced. 

11    No responsibility is accepted for any loss or damage to goods during collection and delivery and all goods once sold will be held uninsured at the Purchaser’s risk.

12    Packing & Shipping - The Auctioneers can provide a packing and shipping service on some lots, or can provide details of qualified engineers, packers and shippers. However, the Purchaser must satisfy themselves that they can remove their purchases prior to bidding. The Auctioneers or their agents accept no responsibility in the event that the Purchaser is unable to remove their lot or lots. The Auctioneers do not accept any responsibility for any items packed by their staff.

13    Although care has been taken to ensure the accuracy of the catalogue, the Auctioneers give no warranty as to the authenticity and condition of the goods and no sale shall be invalidated by reason of any lots being incorrectly described in the catalogue. It is the Purchasers responsibility to check the authenticity and condition of the items prior to sale, but if any lot is found to be a deliberate forgery then the sale of the lot may be rescinded and the purchase price refunded at the sole discretion of the Auctioneers provided the lot is returned to the Auctioneers in the same condition as at the time of the sale and within a reasonable period.

14    The Auctioneers reserve the right to use any photographic images of any lots for publicity material. Copyright of the images remain with the Auctioneers.

15    The Auctioneers act in the sale of goods as agents only and are not responsible for any default by either Purchaser or Vendor. In particular, they shall not be liable to pay the Vendor until payment is received from the Purchaser.

16    The Auctioneers do not accept liability for the placing of bids on the website, or for the failure in any way or manner of the auction system which may lead to a Purchaser failing to secure their lots. They will not be held responsible for any failure of the internet or related hardware and software. However, the Auctioneers reserve the right to cancel a sale, or not, and re-offer any lots, extend the deadline of the sale or change the method of sale; in particular, if the Auctioneers suspect tampering with the online system in any way whatsoever.

17    Every person on the Auctioneers premises before, during or after the sale shall be deemed to be there at their own risk. For the sake of definition, the “Auctioneers Premises” will be deemed to be any place where Hilditch Group Ltd hold a sale. Every such person shall have no claim against the Auctioneers in respect of any injury sustained or any accident or damage which may occur from any cause whatsoever. The Auctioneer may, without giving any reason thereof, refuse admission to the Auctioneers premises of any member of the public at any time. The Purchaser will be held responsible for any damage to the Auction premises caused by the removal of items. 

18    In the event of failure to comply with the above conditions, or non-performance of all or part of them, the Auctioneers shall be at liberty to take such steps as they deem necessary to bring the transaction to a close; and if a re-sale is effected by either public auction or private contract, all losses and expenses shall be borne by the defaulter at this sale.

These conditions are governed by English Law and shall be subject to the non-exclusive jurisdiction of English Courts of Law