Terms & Conditions

BUYER’S TERMS AND CONDITIONS AT AUCTION

Updated: 24/12/2022 

Medical Auctions (BMA) Ltd (British Medical Auctions) is a company registered in England and Wales under number 09914912 whose registered office is at First Floor Ridgeland House, 15 Carfax, Horsham, West Sussex, United Kingdom, RH12 1DY. Vat Reg No: 232 4255 37
These Terms (Terms) govern the basis of the auction of Lots by British Medical Auctions and the purchase by a Buyer of a Lot or Lots and form a legal agreement between the Buyer and British Medical Auctions.
As a Buyer, by bidding you acknowledge that you have read these Terms and are bound by them. Your attention is drawn to clauses 2.2, 4.2 to 4.7, and 7.3 and 7.4.
For more information, please contact us on +44 (0) 1252 299 024 or via email at enquiries@britishmedicalauctions.co.uk .

1 DEFINITIONS & INTERPRETATION
1.1 In these Terms, the following words and phrases shall, except where the context otherwise requires, have the following meanings:

Auction means any of the auctions for the sale of Lots conducted by British Medical Auctions.
Auctioneer means the person conducting an Auction from time to time.
Buyer means any person who participates in any Auction as a bidder and potential buyer.
Catalogue means the Online Catalogue, or any other brochure, catalogue, advertisement, sales descriptor, report or any other document, whether in physical or electronic format.
Hammer Price means the last bid offered for a Lot and accepted by the Auctioneer or Auction system as the winning bid.
Lot means any item or collection of items put up for sale in an Auction as a single auction lot.
Online Catalogue means British Medical Auctions’ online catalogue to be found at auctions.britishmedicalauctions.co.uk.
Seller means the seller of the Lot.
Working Days means any Monday to Friday except any day that is a statutory bank holiday in England.

1.2 Words importing the singular shall include the plural and vice versa, words importing a gender shall include all genders and words importing persons shall include bodies’ corporate, unincorporated associations and partnerships.

1.3 Any reference in these Terms to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time and to all subordinate legislation and regulations enacted pursuant to that statute as in force from time to time.

1.4 The headings in these Terms are for convenience only and shall not affect their interpretation.

2 BASIS OF SALE
2.1 British Medical Auctions acts as agent only for the Sellers and at no time does title pass to British Medical Auctions.

2.2 The Buyer 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 and the Buyer shall not seek to rely upon any conditions or warranties implied thereby or by any other legislation.

3 ACCOUNT CREATION, REGISTRATION AND DEPOSITS
3.1 Each Buyer must create an account with British Medical Auctions in order to register and participate in any auction.

3.2 As part of the account creation, British Medical Auctions may request additional information and/or documentation in order to validate the account named individual and/or their company or organisation, if the account is created in the name of a company or organisation. Additional documentation request by British Medical Auctions may include, but not limited to:

3.2.1 Documentation for individual:
• Photo ID – Passport, driver’s licence or other government issued document
• Government issued document that provides the date of birth, NI or Tax number
• Original recent utility bill or government issued document which includes an address matching that provided on the account creation.

3.2.2 Documentation for a company or organisation:
• Company incorporation / registration certificate or for an organisation evidence of its registration or constitution to validate it is a properly constituted and existing organisation
• Original recent utility bill or government issued document which includes an address matching that provided on the account creation

3.3 Each Buyer must register with British Medical Auctions before each Auction in which it wishes to participate.

3.4 The Buyer will on registration for each Auction pay to British Medical Auctions a deposit of £250 and provide to British Medical Auctions details of a credit or debit card as security for payment of any sums due, for the first three auctions the Buyer successfully wins in an auction.

3.5 British Medical Auctions may at its discretion contact the Buyer to collect a partial invoice payment during the Auction.

3.6 If the Buyer:-
3.6.1 is registering to participate in an Auction for the first time; or
3.6.2 is unknown to British Medical Auctions; or
3.6.3 has previously been slow in paying invoices due to British Medical Auctions;
then British Medical Auctions may set a limit on such Buyer as to the value of purchases that the Buyer can make which British Medical Auctions shall notify to such Buyer at any time before the Auction.

3.7 British Medical Auctions will refund the deposit to the Buyer to the same credit card from which the deposit was taken, within 5 working days:-
3.7.1 if and to the extent the Buyer has paid any invoice for Lot(s) bought by it by any alternative means approved by British Medical Auctions; or
3.7.2 if the Buyer is unsuccessful in buying Lots.
3.8 A Buyer may not register to participate in any Auction if any invoices payable by it remain outstanding unless the outstanding invoice(s) are paid in full prior to the commencement of the Auction and their account status will be amended accordingly.

4 IDENTIFICATION OF LOTS
4.1 Each Lot can be identified with a Lot number in the Online Catalogue to be found at auctions.britishmedicalauctions.co.uk.

4.2 All Lots are sold “as is, where is” where “as is” means each Lot is sold and purchased in its actual state and condition as at the point of sale, including with any faults and defects affecting the Lot. Lots are available for inspection prior to the Auction during the allocated office hours as indicated in the Online Catalogue. The Buyer or its agents are deemed to have satisfied themselves as to the state and condition of each Lot in respect of which they put in a bid and accept the state and condition of the Lot.

4.3 Whilst British Medical Auctions makes every effort to ensure that the quantities, descriptions, weights, measurements, dimensions, serial and machine numbers, year and model set out in relation to each Lot in any online catalogue are accurate, British Medical Auctions, the Seller and their agent(s) are not responsible or liable for any discrepancies, inaccuracies or failure of the Lots to correspond with any written or verbal representation of such information made by or on behalf of either British Medical Auctions or the Seller.

4.4 No Lot shall be sold or deemed sold by description and the Buyer shall not be entitled to rely on any descriptions provided. 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 the Seller 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.

4.5 Neither British Medical Auctions nor the Seller makes or agrees to make any contractual promise, undertaking, obligation, guarantee, warranty, or representation of fact in relation to the satisfactory quality of the Lot or its fitness for any purpose.

4.6 Neither British Medical Auctions nor the Seller will be liable for any breach of any undertaking, whether implied by the Sale of Goods Act 1979 or otherwise, as to the satisfactory quality of the Lot or its fitness for any purpose. No Lot is sold as new.

4.7 Without prejudice to the generality of the previous clause, neither British Medical Auctions nor the Seller gives any warranty or guarantee in relation to any Lot which is an electrical appliance regarding its condition, quality, functionality or safety and all such Lots are “sold as is.” It is recommended that the Buyer has these items examined by a suitably qualified electrical or medical equipment contractor before use.

5 CONDUCT OF AUCTIONS
5.1 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 Lots, refuse to accept any bid or terminate bidding on any or all Lots, or cancel an Auction entirely.

5.2 The advances, progression, and rules in the bidding shall be regulated at the sole discretion of the Auctioneer.

5.3 If the Buyer makes a bid, it cannot be retracted.

5.4 The highest bidder shall, subject to any reserve, be the purchaser and if any dispute arises between two or more bidders, the Lot shall, at the discretion of the Auctioneer, be put up again at the last undisputed bid price and resold.

5.5 Acceptance of a bid by the Auctioneer as the winning bid for a Lot is a commitment to purchase the Lot by, and legally binding on, the Buyer.

5.6 From the time a bid is accepted, risk in the Lot passes to the Buyer.

5.7 Lots may be offered subject to a reserve price without notice to the bidders.

5.8 The Auctioneer’s decision on all matters shall be final.

6 PRICE, COMMISSION AND PAYMENT
6.1 The Buyer shall pay in respect of any Lot for which it has successfully bid: -6.1.1 the Hammer Price;
6.1.2 VAT if applicable; and
6.1.3 commission (Buyer’s Premium) which will be charged at 20% of the Hammer Price plus VAT.

6.2 British Medical Auctions will invoice the Buyer for all Lots for which it has successfully bid as soon as practicable and in most cases on the day of the Auction. The invoice shall include all taxes arising from the sale of the Lots(s) and Buyer’s Premium.

6.3 British Medical Auctions may refund the VAT paid by the Buyer on the production of a completed bill of lading or relevant export document exempting a Lot or Lots from VAT to the satisfaction of British Medical Auctions.

6.4 For registered Buyers with a UK billing address, the Buyer must pay all invoices within five Working Days of the Auction. If the Buyer does not pay any invoice within five Working Days of the Auction, British Medical Auctions may: -6.4.1 consider that the Buyer has abandoned the Lot and issue a restocking fee equal to 30% of the invoice total; and/or
6.4.2 take payment of the amount of the outstanding invoice from the credit card or debit card provided at registration.

6.5 For registered Buyers with a non-UK billing address, the Buyer must pay all invoices within ten Working Days of the Auction. If the Buyer does not pay any invoice within ten Working Days of the Auction, British Medical Auctions may: -

6.5.1 consider that the Buyer has abandoned the Lot and issue a restocking fee equal to 30% of the invoice total; and/or
6.5.2 take payment of the amount of the outstanding invoice from the credit card or debit card provided at registration.

6.6 Payments in cash will be limited to £8,000 per invoice and subject to a handling fee of 2%.

6.7 The Buyer will not be permitted to collect any Lot for which it has successfully bid until the Buyer has paid the relevant invoice in full.

7 COLLECTION OF LOTS
7.1 The Buyer or its agent(s) must pay for, accept delivery at, and remove from, the place designated by British Medical Auctions the Lot(s) it has purchased within five working days of the Auction for UK registered Buyers or ten working days of the auction for non-UK registered Buyers.

7.2 Buyers are solely responsible for packaging, loading, removing, shipping and all other costs associated with removing the Lots. The Buyer must insure against all risks of loss, damage and personal injury caused by removing the Lots, repairing and restoring any loss or damage caused by removing the Lots from the fall of the hammer, and British Medical Auctions reserves the right to request a copy of the Buyer’s insurance policy to cover such risks at any time.

7.3 If the Buyer:-
7.3.1 being registered with a UK billing address does not pay for and collect a Lot within five Working Days of the Auction; or
7.3.2 being registered with a non-UK billing address does not pay for and collect a lot within 10 Working Days of the Auction;
the Buyer may not be allowed to collect the Lot and the Lot may be placed in the next Auction. The Buyer will be required to pay a re-lotting fee equal to 30% of the Hammer Price plus VAT, without exception

7.4 If the Buyer has paid for but not removed a Lot within five Working Days of the auction close date (registered Buyers with a UK billing address) or 10 Working Days (registered Buyers with a non-UK billing address) of the auction close date, the Buyer will be liable for a Storage Fee, calculated on a daily basis at £3.00 per Lot per day. If the Buyer does not collect all Lots within 20 Working Days of the Auction, any Lots not collected will be deemed abandoned and British Medical Auctions may either: -
7.4.1 place the abandoned lots in the next Auction subject to a re-lotting fee equal to 30% of the Hammer Price plus VAT and, if sold, British Medical Auctions will pay the Buyer an amount equal to the Hammer Price less the re-lotting fee less any storage fees payable pursuant to clause 7.4, provide that if the Hammer Price is insufficient to cover these fees, British Medical Auctions may recover the balance of any unpaid fees from the Buyer; or
7.4.2 otherwise dispose of the abandoned Lots and recover any fees, including storage fees, from the Buyer.

7.5 The Buyer is responsible for checking the quantities of the Lots purchased at the time of collection. No adjustments in quantities will be made after the Lots are collected by the Buyer or the Buyer’s agent.

7.6 If, for any reason whatsoever, British Medical Auctions fails to deliver an awarded Lot, British Medical Auction’s sole liability shall be the return of any deposit or monies paid for such Lot, and the Buyer shall have no further claim whatsoever including without limitation direct, indirect, consequential or incidental damages.

8 PERSONAL INFORMATION
8.1 Medical Auctions (BMA) Limited trading as British Medical Auctions will collect information from the Buyer before the Buyer is able to participate in any auction. The information collected by British Medical Auctions includes, but is not limited to: First Name, Last Name, Company Name, Company Number, Vat Number, Billing Address, Shipping Address, Phone Number, Email Address.

8.2 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.

8.3 Individuals can obtain access to their personal information to review, update and correct by writing to info@britishmedicalauctions.co.uk

8.4 Individuals, Buyers and Sellers may withdraw personal information by writing to dpo@britishmedicalauctions.co.uk

8.5 All privacy related inquiries are to be made to dpo@britishmedicalauctions.co.uk

8.6 Requests to withdraw personal information could prevent British Medical Auctions from being able to provide services to the Buyer or prevent the Buyer from participating in an Auction.

8.7 For a copy of British Medical Auctions’ privacy notice, please go to https://www.britishmedicalauctions.co.uk/privacy-notice/

9 GENERAL
9.1 If any part of these Terms is deemed unenforceable, the enforceability of all other parts of the Terms shall remain unaffected.

9.2 These Terms contain the whole agreement between British Medical Auctions and the Buyer in respect of its subject matter and supersedes any prior written or oral agreement between them relating to it. The Buyer confirms that it has not entered into these Terms on the basis of any representations that are not expressly incorporated in the Terms.

9.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or Catalogue, but nothing shall limit or exclude any liability for fraud.

9.4 These Terms may not be changed, amended or modified except by British Medical Auctions, and may be changed and modified by British Medical Auctions at any time.

9.5 British Medical Auctions and the Buyer do not intend that any of these Terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not either British Medical Auctions or the Buyer.

9.6 The Consumer Credit Act 1974 as amended does not apply to the Terms.

9.7 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.

10 LAW AND JURISDICTION
10.1 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England and Wales.

10.2 Each of British Medical Auctions and the Buyer 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 or their subject matter or formation (including non-contractual disputes or claims).

 

SELLER’S TERMS AND CONDITIONS FOR COLLECTION AND SALE OF MEDICAL EQUIPMENT AND OTHER ITEMS

Medical Auctions (British Medical Auctions) Ltd (BMA) is a company registered in England and Wales under number 09914912 whose registered office is at First Floor Ridgeland House, 15 Carfax, Horsham, West Sussex, United Kingdom, RH12 1DY. Vat Reg No: 232 4255 37
These Terms (Terms) govern the basis of the provision of services including the collection of Items (as defined) and the sale by BMA of Items and form a legal agreement between the Client and BMA.
As a Client instructing BMA, you acknowledge that you have read these Terms and are bound by them.
For more information, please contact us on +44 (0) 1252 299 024.

1 DEFINITIONS & INTERPRETATION

1.1 In these Terms, the following words and phrases shall, except where the context otherwise requires, have the following meanings:
Auction means any of the auctions conducted by BMA.
Catalogue means any online catalogue prepared in advance of an Auction, or any other brochure, catalogue, advertisement, sales descriptor, report or any other document, whether in physical or electronic format.
Client means any person instructing BMA to provide any of the Services and to dispose of Items.
Commission means the commission % (exclusive of VAT) of the Sale Price of any Sold Items.
Effective Date means the date terms agreed.
Fees means the fees payable for the provision of the Services as set out in the Schedule.
Items means any items of medical equipment or other items collected by BMA at the Client’s request.
Sale Price means for Sold Items the hammer price obtained at auction or the sale price obtained in a sale by other means, each exclusive of VAT.
Services means the services set out in clause 3 as requested by the Client from time to time.
Settlement Statement means the self-bill statement generated by BMA in relation to each Auction, detailing the Auction results, including a list of Sold Items, the Sale Price achieved for each Sold Item, the Commission(s) payable by the Seller and the payment due to the Seller net of Commission and any other legitimate deductions.
Sold Items means those Items sold by BMA as agent of the Client.
Working Days means any Monday to Friday except any day that is a statutory bank holiday in England.

1.2 Words importing the singular shall include the plural and vice versa, words importing a gender shall include all genders and words importing persons shall include bodies’ corporate, unincorporated associations and partnerships.

1.3 Any reference in these Terms to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time and to all subordinate legislation and regulations enacted pursuant to that statute as in force from time to time.

1.4 The headings in these Terms are for convenience only and shall not affect their interpretation.

1.5 The term “in writing” or “written” includes communications by email but not fax.

2 APPOINTMENT OF BMA AS AGENT
The Client hereby appoints BMA to act as its agent for the provision of the Services and the disposal of the Items in accordance with the terms and conditions of these Terms.

3 SERVICES
BMA will at the option of and with the agreement of the Client provide the following services:-

3.1 Collection Services
3.1.1 BMA may, where required, collect and remove Items from the Client’s premises as requested by the Client from time to time.

3.1.2 In providing the Collection Services, BMA will use appropriately trained personnel and remove the Items in suitable, GPS tracked vehicles.

3.1.3 If the Client has prepared an inventory of the Items to be collected, BMA will remove the Items set out in the inventory.

3.1.4 BMA will prepare a collection note with details of all Items collected and will agree the collection note with a representative of the Client before removing the Items from the Client’s premises. In the event that there is no representative of the Client available, BMA will provide a copy of the collection note to the Client as soon as possible after collection and the collection note prepared by BMA shall be final and binding on the Client.

3.1.5 BMA will handle all Items during the collection and transit process with due care and attention and to avoid any damage arising to the Items.

3.1.6 BMA accepts risk in the Items from the time that BMA has removed the Items from the Client’s premises. BMA will issue a Waiver of Liability to the Client, confirming that risk has passed to BMA from the point of collection.

3.1.7 BMA will remove all markings of the Client from the items to ensure that no Item can be identified as being the former property of the Client once sold.

3.2 Data Erasure Services

3.2.1 BMA will erase all patient data and Client data from any Items identified by the Client as containing data requiring to be removed.

3.2.2 BMA will not accept liability for any losses incurred by the Client for any patient data or other data not removed from any Item which the Client has not identified as containing patient data or other data requiring to be removed by BMA. The Client shall indemnify BMA against any and all claims made by any third party against, and losses incurred by, BMA as a result of patient or other data not being removed from any Item not identified by the Client as requiring data to be removed from it.

3.2.3 BMA will provide the Client with appropriate certificates confirming the erasure of patient data and Client data from the identified Items within 10 working days of the Auction.

3.3 Additional Services
3.3.1 BMA will at the request of the Client undertake site clearances on a project basis, subject to terms and conditions and fees to be agreed in advance of each such project.

3.3.2 BMA will at the request of the Client itself, or by engaging appropriately qualified third parties disconnect, de-install and remove unwanted medical equipment requiring specialist knowledge, expertise, equipment or vehicles subject to terms and conditions and fees to be agreed in advance of each such project.

4 SALE OF ITEMS
4.1 BMA will attempt to sell all Items except those Items which, in the reasonable opinion of BMA are not capable of being sold. Items will normally be sold at an Auction but may be sold by private treaty or tender as BMA considers to be most appropriate and BMA will use all reasonable endeavours to obtain the best Sale Price for each Item.

4.2 BMA will act as agent for the Seller and title in the Items will not pass to BMA but directly to the Buyer of each Sold Item.

4.3 Unless instructed in writing by the Client, all Items are sold “as is” where “as is” means each Item is sold and purchased in its actual state and condition as at the point of sale, including with any faults and defects affecting the Item. Items will be made available for inspection by potential buyers prior to the Auction or private sale. Any Buyer or its agents are deemed to have satisfied itself as to the state and condition of each Item they purchase.

4.4 BMA will notify the Client of the Sale Price of each Sold Item as soon as practicable after its sale and in any event within 20 Working Days. BMA shall pay the Sale Price less any amounts deducted in accordance with these Terms to the Client within 30 days after the month in which the Sold Items were sold by way of bank transfer to the account nominated and notified by the Client to BMA in writing.

4.5 BMA shall be entitled to deduct from the Sale Price all Fees and Commission due which are unpaid by the Client at the time of payment of the Sale Price.

4.6 INDEMNITY
4.6.1 In consideration of the Client entering into these Terms and paying the Commission and Fees, BMA hereby agrees to indemnify and keep the Client indemnified against a claim (Claim) by any Buyer (Claimant) against the Client for any defects in any Item purchased by the Claimant and for any consequential losses arising from the sale of any Item to the Claimant including all reasonable legal and other professional fees and costs necessarily incurred by the Client in defence of the Claim.

4.6.2 The indemnity in clause 4.6.1 is subject to:-
(a) the Client notifying BMA in writing as soon as reasonably practicable after it becomes aware of the fact that a Claim has been made by a third party to which clause

4.6.1 applies;
(b) the Client providing to BMA or its professional advisers all information regarding the Claim and giving to BMA conduct of the Claim;
(c) the Client following all reasonable requests of BMA or its professional advisers relating to the Claim and providing all necessary support and assistance in the conduct of the Claim;
(d) the Client not making any admission of liability or compromise of the Claim without the prior written consent of BMA.

4.6.3 BMA shall not be liable for any Claim arising out of any statement, warranty or representation provided to the Claimant either by BMA on the written instructions of the Client or made by the Client itself to the Claimant whether or not in writing.

4.7 BMA may dispose of any Items which:-

4.7.1 it considers are not capable of being sold without the requirement to place the Item in Auction or to attempt to sell the Item by private treaty or tender; or

4.7.2 have not sold in an Auction.

BMA will dispose of such Items using appropriate methods of recycling and in accordance with all legislation relating to the disposal of such Items and in accordance with best practice.

5 FEES, COMMISSION AND PAYMENT
5.1 In consideration of BMA providing the Services, the Client will pay BMA the Fees set out in the agreed Fee Schedule.

5.2 In consideration of BMA selling the Sold Items, the Client will pay BMA the Commission.

5.3 The Fees and the Commission are stated exclusive of VAT which will be added at the rates applicable at the time of invoicing.

5.4 For each auction, BMA shall generate and provide to the Seller on a monthly basis a self-bill invoice detailing the auction results and payment due to the Seller. Settlement payments are made by no later than the last working day of the month following the month in which the Auction closed. For example, month 1 auction close dates of 10th, 15th and 25th of the month. Settlement payments made by no later than the last working day of month 2. Payment by electronic means is preferred. Payment by cheque is avaiable upon request, noting that any unpresented cheques within one year of date of issue are deemed void.

5.5 BMA may deduct from the Sale Price any Fees or Commission which remain unpaid at the time BMA shall account to the Client for the Sales Price in accordance with clause 4.4

6 BMA OBLIGATIONS
6.1 BMA warrants to the Client that:-

6.1.1 it has the relevant skill, expertise and experience to provide the Services;

6.1.2 it will provide the Services with due skill, care and attention.

6.2 BMA will:-

6.2.1 store all Items in a secure environment for the period between collection and sale; and

6.2.2 will store separately and securely all items in respect of which Data Erasure Services are to be provided until such time as the Data Erasure Services have been concluded.

6.3 BMA will accurately describe all Items for sale in any Catalogue including the make, model and where applicable, the serial number of each Item.

6.4 Unless instructed by the Client in writing, all Items will be sold “as is” and on terms and conditions excluding to the maximum extent possible all liabilities in relation to the sale of the Items including for sale by description and excluding any representations and warranties as to the state of the Item or its fitness for any specific purpose.

7 CLIENT OBLIGATIONS
7.1 The Client represents that it is the legal and beneficial owner free of all encumbrances of all the Items sold by BMA on its behalf and that it has the power and authority to sell the items without the consent of any third party.

7.2 The Client warrants that all information it provides to BMA regarding the Items is true and accurate in all respects.

7.3 The Client will:-

7.3.1 provide BMA with all reasonable assistance to enable it to carry out the Services;

7.3.2 ensure all Items are available for inspection by BMA prior to collection, if required.

8 PERSONAL AND CONFIDENTIAL INFORMATION
8.1 Medical Auctions (BMA) Limited trading as BMA will collect information from the Client to enable BMA to provide the Services to the Client. The information collected by BMA includes, but is not limited to individuals’ First Name, Last Name, Client Name, Phone Number, Email Address.

8.2 All personal information provided to BMA by the Client will be processed in accordance with UK GDPR and as such treated confidentially and shall not be passed to third parties, except where necessary to enable BMA to comply with its obligations under these Terms.

8.3 Each of BMA and the Client agrees to keep confidential, not to disclose to any third party and to use only for the purposes of fulfilling their respective obligations under these Terms any information provided by or on behalf of the other party information that is expressed to be confidential or which on the face of it should be treated as confidential. This obligation shall not apply to information, and only to the extent, which the receiving party is required by law or a court order to disclose.

9 NOTICES
9.1 Any notice or other communication given to a party under or in connection with these Terms shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered by hand, or sent by pre-paid first-class post or other next working day delivery service, or email.

9.2 A notice or other communication shall be deemed to have been received:

9.2.1 if delivered by hand, when left at the address referred in clause 9.1;

9.2.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Working Day after posting; or,

9.2.3 if sent by email, one Working Day after transmission.

9.3 The provisions of this clause 9 shall not apply to the service of any proceedings or other documents in any legal action.

10 GENERAL
10.1 The Client shall not assign, transfer, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under these Terms without the prior written consent of BMA.

10.2 If any part of these Terms is deemed unenforceable, the enforceability of all other parts of these Terms shall remain unaffected.

10.3 These Terms contains the whole agreement between BMA and the Client in respect of its subject matter and supersedes any prior written or oral agreement between them relating to it. The Client confirms that it has not entered into these Terms on the basis of any representations that are not expressly incorporated in these Terms.

10.4 BMA may change these Terms at any time and the version of these Terms shown on BMA’s website at the time of instruction of BMA by the Client shall be the terms and conditions which apply to those instructions.

10.5 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

10.6 BMA and the Client do not intend that any provision of these Terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not either BMA or the Client.

11 LAW AND JURISDICTION
11.1 These Terms, 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 laws of England and Wales.

11.2 Each of BMA and the Client 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 or their subject matter or formation (including non-contractual disputes or claims).
 
SCHEDULE
Fees for services – as agreed between BMA and the Client.