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Terms and Conditions (Used Products)

Bakers Instrument Brokers Ltd T/A BiB Ophthalmic Instruments – (BiB) offers 2 levels of service to enable the Seller to sell ophthalmic diagnostic instruments to a Buyer:

UK MAINLAND ONLY

Option (1)

BiB will provide advertising media on behalf of the Seller & contracts with Buyer for payment of the Item(s). BiB will collect the Item(s) from the Seller & pay the Seller upon receipt of an invoice for the Sale Price less a 20% commission fee (minimum charge of £150 ex vat). BiB will deliver & re-install & train the Buyer regardless of their location.

Option (2)

BiB will provide advertising media on behalf of the Seller & contract with Buyer for payment of the Item(s). BiB will advise the Seller when it is in receipt of cleared funds for the Item(s) whereupon the Seller will ship the Item(s) to the Buyer & undertake any installation &/or training as may be required. Following delivery the Seller will invoice BiB for the sum of the Sale Price less a 10% commission fee (minimum charge of £150 ex vat). After a 7 day acceptance period BiB will pay the Seller the invoiced amount.

ACCEPTANCE OF THE TERMS.

BiB reserves the right to update the Terms on the website at any time. You will deem to have agreed to the amended terms when you next use this website.

USE OF THIS WEBSITE

BiB allows the use of this website to provide you with the opportunity to buy or sell second-hand Item(s). This website must not be used for any unlawful purpose including but not limited to, posting inaccurate or false information about yourself or equipment you may wish to sell, or posting material containing any virus or interfere with the operation of this website or attempt to decipher, or modify any of the software, coding or information comprised in this website. BiB in its sole discretion shall determine your compliance with the above & shall have the right to prevent you from using the website &/or delete from the website without prior notice to you any material that deems not to comply or to be objectionable for any reason. BiB offers the opportunity for users to sell second-hand optical items(s) to other business entities, through use of this service you are representing that you are purchasing the Item(s) on behalf of a business entity for business use & that you have the authority to bind that entity to these terms.

ADVERTISEMENTS

All details of Item(s) to be sold on this website must be submitted to BiB for approval prior to being published on the website. BiB retains the right to edit, alter or modify the advertisement for the purposes of correcting errors, to make the advertisement conform to the BiB Ltd house style & to remove any material which may in the opinion of BiB damage BiB’s reputation or breach these terms. BiB has the right at its sole discretion to decline to publish or to omit or suspend the advertisement. You grant BiB Ltd a right to use, reproduce, display, transmit & distribute the advertisement (or any part thereof) on the website or by any other means of electronic communication or in print. A party wishing to sell Item(s) (the Seller) is responsible for the accuracy of the advert. The Seller warrants that all information submitted to BiB is not misleading, is legal, accurate & complies with the current legislation contained within the Sale of & Description of Goods Act. The Seller should note that the Buyer shall be entitled to return the item(s) & receive a full refund if the Item(s) are not of satisfactory quality & as described in the advertisement, therefore due care & attention should be taken to ensure accuracy. All advertisements are published in good faith by BiB; however, BiB does not accept responsibility for the accuracy of any published advertisement or is any kind of warranty expressed or implied by such publication as to the quality of the item(s) or their suitability for any purpose, & all or any such warranties, whether express or implied by statute, common law or otherwise are hereby excluded. BiB HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY WHATSOEVER (INCLUDING LIABILITY FOR CONSEQUENTIAL LOSS OR LOSS OF PROFIT) HOWSOEVER ARISING FROM THE PUBLICATION OF ANY ADVERTISEMENT WHETHER DUE TO INNACCURACY, ERROR, OMISSION OR ANY OTHER CAUSE & WHETHER ON THE PART OF BiB  OR ITS SERVANTS OR ANY OTHER PERSON. The Seller shall indemnify BiB against all loss, damage, costs, claims & expenses which BiB may suffer as a result of any material breach of these Terms, without prejudice to the generality of the foregoing, this indemnity will extend to material placed on the website which breaches the intellectual property right of any third parties notwithstanding any publication by BiB .

OPTION 1

SELLING ITEM(S)

By submitting goods for sale on this website the Seller is representing that the Item(s) are of satisfactory quality, that he is legally able to sell the Item(s) & that it is lawful to sell such Item(s). The Seller is responsible for ensuring that they have the right to use the content of the advertisement. The Seller is responsible for assuring the availability of the Item(s) as advertised on the Website for the duration of the advertisement. The Seller must inform BiB immediately if the Item(s) become unavailable for sale through this website. BiB will inform the Seller, by email or phone, when an interested party (the Buyer) offers to buy the Item(s) (Notice of sale).BiB will arrange a mutually convenient time to collect the Item(s) from the Seller. Upon successful inspection of the Item(s), BiB will pay the Seller the agreed selling price less a fee of 20% upon receipt of an invoice.

BUYING ITEM(S)

Having located an Item(s) on the Website, the Buyer should contact the BiB Sales Department. The Buyer should satisfy himself as to the suitability & quality of the second-hand Item(s) advertised. BiB upon receiving notice from the Buyer that he wishes to purchase the Item(s) shall confirm to the Buyer that the Item(s) are available for sale. Whereupon, the Buyer sends an official purchase Order to BiB. Full or part payment maybe requested from the Buyer at this stage. The Buyer undertakes under section 6 (8) of the Health & safety at Work Act 1974 that he will ensure, so far as reasonably practicable, that the Item(s) will be safe & without risk to health when properly used. Where applicable the Buyer shall connect the Item(s) to an electricity supply & test the functionality of the Item(s) by proceeding through the functions for which the Item(s) is designed.

DESPATCH & DELIVERY

BiB Ltd will charge the Buyer for delivery & where appropriate installation & training as agreed with the Buyer. Time shall not be of the essence. BiB  s responsible for risk during transit from the BiB premises to the premises of the Buyer. Delivery is deemed to have taken place when the Buyer signs the delivery note.

ACCEPTANCE OF THE ITEM(S)

The Buyer must inspect & test the Item(s) to ensure it conforms to the Advertisement within 2 working days of receipt. The Buyer will be deemed to have accepted the Item(s) if BiB are not informed to the contrary within 2 working days of receipt. If the Item(s) is not of satisfactory quality the Buyer should comply with the Returns Policy.

RETURNS POLICY

If the Item(s) is not of satisfactory quality, or not as described in the Advertisement the Buyer may reject the Item(s) & return it to BiB & BiB shall be responsible for the cost of the return delivery. The Buyer must inform BiB of his wish to reject the Item(s) within 2 working days of delivery.

TITLE

BiB shall retain title to & ownership of the Item(s) until BiB are in receipt of payment in full of all sums due from the Buyer for the Item(s) & notice of the Buyers Acceptance.

RISK

The risk of loss or damage to the Item(s) shall pass to the Buyer upon delivery of the Item(s).

OPTION 2

UK MAINLAND ONLY

SELLING ITEM(S)

By submitting goods for sale on this website the Seller is representing that the Item(s) are of satisfactory quality, that he is legally able to sell the Item(s) & that it is lawful to sell such Item(s). The Seller is responsible for ensuring that they have the right to use the content of the advertisement. The Seller is responsible for assuring the availability of the Item(s) as advertised on the Website for the duration of the advertisement. The Seller must inform BiB immediately if the Item(s) become unavailable for sale through this website. BiB will inform the Seller, by email or phone, when an interested party (the Buyer) offers to buy the Item(s) (Notice of sale).The Seller must dispatch the Item(s) to the Buyer within 48 hours of receipt of the Notice of Sale. Upon successful inspection of the Item(s), BiB will pay the Seller the agreed selling price less a fee of 10% upon receipt of an invoice.

BUYING ITEM(S)

Having located an Item(s) on the Website, the Buyer should contact the BiB Sales Department. The Buyer should satisfy himself as to the suitability & quality of the second-hand Item(s) advertised. BiB upon receiving notice from the Buyer that he wishes to purchase the Item(s) shall confirm to the Buyer that the Item(s) are available for sale. Whereupon, the Buyer sends an official purchase Order to BiB. Full or part payment maybe requested from the Buyer at this stage.T he Buyer undertakes under section 6 (8) of the Health & safety at Work Act 1974 that he will ensure, so far as reasonably practicable, that the Item(s) will be safe & without risk to health when properly used. Where applicable the Buyer shall connect the Item(s) to an electricity supply & test the functionality of the Item(s) by proceeding through the functions for which the Item(s) is designed.

DESPATCH & DELIVERY

The Seller shall dispatch the Item(s) within 48 hours of receipt of the Notice of Sale. Time shall not be of the essence. The Seller is responsible for the cost of delivery. The Seller is responsible for risk to the Item(s) during transit & BiB therefore recommends the Seller obtain insurance for this purpose. Delivery is deemed to have taken place when the Buyer signs the delivery note.

ACCEPTANCE OF THE ITEM(S)

The Buyer must inspect & test the Item(s) to ensure it conforms to the Advertisement within 2 working days of receipt. The Buyer will be deemed to have accepted the Item(s) if BiB are not informed to the contrary within 2 working days of receipt. If the Item(s) is not of satisfactory quality the Buyer should comply with the Returns Policy.

RETURNS POLICY

If the Item(s) is not of satisfactory quality, or not as described in the Advertisement the Buyer may reject the Item(s) & return it to the Seller & the seller shall be responsible for the cost of delivery. The Buyer must inform BiB of their wish to reject the Item(s) within 2 working days of delivery.

TITLE

The Seller shall retain title to & ownership of the Item(s) until BiB has received payment in full of all sums due from the Buyer for the Item(s) & notice of the Buyers Acceptance.

RISK

The risk of loss or damage to the Item(s) shall pass to the Buyer upon delivery of the Item(s)