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Hilditch Group Ltd’s
Terms and Conditions
A. A qualified medical equipment dealer
B. A qualified user of medical equipment
C. A buyer intending to ship overseas
1. The Auctioneer reserves the right to:
i) Sell subject to a reserve price
ii) To advance the bidding at their sole discretion in predetermined increments.
iii) 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 seller’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.
PAYMENT: All lots must be paid for within 4 days of the sale. Payment must be made by secure funds such as direct money transfer, credit card or banker’s draft. A surcharge of 2.5% will be made for any credit card transactions and no charges for Switch or Delta. We reserve the right to refuse cash payments for purchases and will not accept cash payments of over £5,000. Card payments made via the telephone will be limited to £1,000 per invoice.
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 (“the location premises”)
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 “the collection date”
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 then 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 Buyer 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 Buyer’s Premium + VAT will be charged on all lots.
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 his own judgement as to all matters affecting the lot.
10. All equipment sold by auction or tender is sold strictly “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 sterilize 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 same 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 seller. In particular they shall not be liable to pay the seller 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. 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 & shall be subject to the non exclusive jurisdiction of English Courts of Law.
The Hilditch Shop
Terms and Conditions
Buyer - the person who buys or agrees to buy the goods from
Conditions - the terms and conditions of sale as set out in this document
and any special terms and conditions agreed in writing by the
Goods - the articles which the Buyer agrees to buy from the Seller.
Price - the price for the Goods, excluding VAT and any carriage,
packaging and insurance costs.
Seller means Hilditch Group Ltd of Gloucester Road Trading
Estate, Malmesbury, Wiltshire, SN16 9JT, UK
2.1 These Conditions shall form the basis of the contract between the Seller and
the Buyer in relation to the sale of Goods, to the exclusion of all other terms
and conditions including the Buyer’s standard conditions of purchase or any
other conditions which the Buyer may purport to apply under any purchase
order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase
Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive
evidence of the Buyer’s acceptance of these Conditions.
2.4 Goods are subject to availability, in the event that the Company is unable to
supply the Goods, the Customer will be informed as soon as possible. An
alternative will be offered or a full refund will be given where applicable.
2.5 The company reserves the right to alter the details and specifications of any
given product and to withdraw an item without notification.
2.6 These Conditions may not be varied except by the written agreement of a
director of the Seller.
2.7 These Conditions represent the whole of the agreement between the Seller
and the Buyer. They supersede any other conditions previously issued.
The Price shall be the price quoted on the Seller’s confirmation of order. The Price is
exclusive of VAT which shall be due at the rate in force on the date of the Seller’s
The cost of packaging, carriage, sales tax and all other taxes, duties and expenses in
respect of the Goods, will be added to the price where relevant. All prices quoted are
subject to VAT at the prevailing standard rate.
The Company reserves the right to change any price without notice.
In the unlikely event that the price of an item has been incorrectly advertised, the
Company will contact the Customer to ask if they wish to proceed at the correct price.
If not the order will be cancelled and a full refund given if applicable.
4. Payment and Interest
4.1 Payment of the Price and VAT shall be due within 7 days of the date of the
Seller’s invoice. Payment is accepted by credit, debit card or bank transfer.
Credit cards are subject to the surcharge advertised on the website at the time
4.2 Interest on overdue invoices shall accrue from the date when payment
becomes due calculated on a daily basis until the date of payment at the rate
of 8% per annum above the Bank of England base rate from time to time in
force. Such interest shall accrue after as well as before any judgment.
4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or
counter-claim against invoices submitted by the Seller.
The quantity and description of the Goods shall be as set out in the Seller’s
confirmation of order.
The Seller warrants that the Goods will at the time of delivery correspond to the
description given by the Seller in the confirmation of order. [Except where the Buyer
is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act
1977), all other warranties, conditions or terms relating to fitness for purpose, quality
or condition of the Goods are excluded].
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall
make all arrangements necessary to take delivery of the Goods on the day
notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the
Goods on an agreed delivery date, but does not guarantee to do so. Time of
delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether
arising directly or indirectly from the late delivery or short delivery of the
Goods. If short delivery does take place, the Buyer undertakes not to reject
the Goods but to accept the Goods delivered as part performance of the
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date, or
if no specific delivery date has been agreed when the Goods are ready for
despatch, the Seller shall be entitled to store and insure the Goods and to
charge the Buyer reasonable costs of so doing.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods 48 hours after
delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours
of delivery and shall give written notification to the Seller within 3 working days
of delivery of the Goods of any defects which a reasonable examination would
8.3 Where the Buyer has accepted, or has been deemed to have accepted the
Goods, the Buyer shall not be entitled to reject Goods which are not in
accordance with the contract.
9. Title and Risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with
the Seller and shall not pass to the Buyer until the amount due under the
invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes, the Buyer shall hold the Goods as bailee for the Seller and
shall store or mark them so that they can at all times be identified as the
property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the
9.4.1 repossess and dismantle, use or sell all or any of the Goods and by
doing so terminate the Buyer’s right to use, sell or otherwise deal in
9.4.2 for that purpose (or determining what if any Goods are held by the
Buyer and inspecting them) enter any premises of or occupied by the
9.5 The Seller may maintain an action for the price of any Goods notwithstanding
that title in them has not passed to the Buyer.
10. Carriage of Goods
Carriage will be chargeable on all sales. This will be at the rate indicated in the item
The Company will use reasonable endeavours to deliver the goods within the time
agreed. If the company is unable to deliver within this agreed timescale, the Company
will not be deemed in breach of contract, nor will the Company have any liability to
the customer for direct, indirect or consequential loss.
11. Use of Information
Information that a customer provides will be held on the Companies’ database and
used only for the administration of your account. We will not pass this information to
All information is held securely as required by the Data Protection Act. Financial
information will not be stored.
12. Warranty and Liability
12.1 New Goods are supplied according to the descriptions and
specifications given in the relevant marketing material of the Company. On
acceptance of an order the company gives no warranty other than that offered by the
manufacturers of the Goods.
12.2 In the event that a new item is defective within the meaning of the Sale of
Goods Act 1979 the Company reserves the right, at its absolute discretion, to replace
or repair the Goods as an alternative to refunding the purchase price. It is the
responsibility of the purchaser to return the goods, at their own expense for
replacement, repair or refund.
12.3 Second hand Goods are supplied with a 14 day warranty, unless otherwise
indicated. The company reserves the right to replace or repair the Goods as an
alternative to refunding the purchase price. It is the responsibility of the purchaser to
return the goods, at their own expense for replacement, repair or refund. Any repairs
performed by our Engineers will be subject to a further 3 month warranty period.
12.4 The company shall not be liable for any breach of warranty where:
i) the Goods have been improperly altered in any way, or been subject
to misuse or unauthorised repair;
ii) the Goods have been improperly installed or connected by the
iii) the Goods have been damaged by fire, water, smoke or chemicals;
iv) Any maintenance requirements relating to the Goods have not been
v) the Customer has failed to notify the Company within 3 days of
receipt of any defect or damage to the Goods. It is the Customers
responsibility to promptly check Goods following delivery.
13. Return of Non-Faulty Goods
Goods are not supplied on a sale or return basis. Returns of non-faulty Goods
will only be accepted at the sole discretion of and with prior written permission of
Returned goods must be unused and in original packaging and must be fit for resale.
14. Proper Law
These Terms & Conditions and any Contract shall be governed by & construed
according to the Law of England and the customer submits to the jurisdiction of
the English Court.