FME Auction T & C's

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Auction Terms and Conditions 

 

Article 1 - Definitions

Article 2 - Purpose of the Auction Terms and Conditions  

Article 3 - Registration

Article 4 - Presales : Inspection of Equipment

Article 5 - Purchase of Equipment

Article 6 - Execution of the sale

Article 7 - Removal / Deinstallation and Transportation of Equipment

Article 8 - Restrictions on the sale of certain Equipment

Article 9 - Miscellaneous provisions

 

Background information

France Médical Enchères is an operator of voluntary sales of furniture ("OVV") by public auction governed by French Law No. 200-642 of July 10, 2000 and amended by the French Law of July 20, 2011.

In this capacity, France Médical Enchères acts as agent of the Seller (Article L. 321-5 of the French Commercial Code) which contracts with a Successful Bidder. France Médical Enchères is therefore not a party to the sale. Likewise, France Médical Enchères does not own the Items / Lots and is not a reseller.

Sales are only done by public auction. Items / Lots are sold "as is and where they are".

Items / Lots are available for pre-auction inspection in the Auction House during office hours as indicated in the Online Auction Catalog, available at www.auctions.france-medicalauctions.com.

France Médical Enchères is responsible for the storage of Items / Lots until their removal by the Successful Bidder.

Once, the price paid by the Successful Bidder to France Médical Enchères, the Successful Bidder is responsible for the collection and transport of the Items / Lots. However, the Successful Bidder may ask France Medical Auction to arrange the pick-up and transportation of the Items / Lots on its behalf

The relationship between France Medical Auction and the Bidders and the Successful Bidders are subject to these auction terms and conditions that each Bidder must accept before making a bid to purchase.

 

Article 1- Definitions

Terms beginning with a capital letter and defined below shall have the meanings assigned to them below, when they are capitalized in these Auction Terms and Conditions at the time of the auction.

"Associated Services" means services used by the Bidder or the Successful Bidder like inspection, recovery, deinstallation and transport services.

 "Auction fees - Commission" means the commission payable by the Successful Bidder to France Médical Enchères in consideration for its intermediation service between the Seller and the Successful Bidder. The Commission and taxes are added to the Lot Price.

"Auction Management Fee" means the fees incurred by the Successful Bidder by purchasing an Equipment.

"Auction with Reserve Price" means the sale by which the Seller indicates to France Medical Enchères a Reserve Price, France Médical Enchères sets a starting price based on its sales history below the reserve price, France Médical Enchères is not entitled to sell the Equipment below the Reserve Price. The Reserve Price is not visible to Bidders.

"Bidder Account" means the account opened by the Bidders to participate in the auction.

"Bid step" is the minimum amount to add to an offer each time the current bid is exceeded.

"France Médical Enchères" means the simplified joint stock company, with a capital of 70000 euros, organized under French Law, registered in the Nanterre Register of Commerce and Companies under number 849 775 663, mandated by the Seller for the purpose of concluding the transaction relating to Equipment. France Medical Enchères is authorized by the Council of Voluntary Sales (CVV) to organize public auctions.

"General Terms and Conditions" means the general terms and conditions of sale and purchase of the Items / Lots.

"Item" or "Equipment" means all products, items or set of items, equipment and accessories, materials, merchandise and other items of second-hand, demonstration, refurbished, and spare parts, subject to a public auction bid.

"Hammer Price" means the amount to be paid by the Successful Bidder for the purchase of the Equipment at the public auction.

"Licensed Auctioneer" means the person conducting the second-hand Medical Equipment public Auction. The Licensed Auctioneer may, where applicable, set out the estimated price of the thing intended for sale. The public auction allows the establishment of the right price by the transparent confrontation between supply and demand.

"Lot" means an Equipment or set of Equipment that is put up for public auction together in a single Lot.

"Online Auction Catalog" means the website on which the Items / Lots are available for sale and inspection prior to the PUBLIC auction.

"Sale Room" means the site where the Equipment entrusted by the Seller is available for inspection prior to the public auction.

"Sale without Reserve Price" means the sale by which France Medical Enchères sets a starting price per Lot based on its sales history, the highest bidder wins the sale.

"Site" means the France Médical Enchères internet platform that allows the purchase of online Auction Equipment and includes the services provided and administered by France Médical Enchères. The Site is dedicated solely to professionals and Bidders at www.auctions.francemedicalauctions.com.

"Successful Bidder" means the legal person who purchases the Items / Lots by public auction and/or subscribes to one or more Associated Services from France Médical Enchères.

"Transport costs" means the cost of collection and transportation for the shipment of the Equipment that may be charged to the Successful Bidder and which are not included in the purchase price.

 

Article 2 - Purpose of the Auction Terms and Conditions 

The Bidders acknowledge that an auction is governed by the provisions of French Law No. 200-642 of July 10, 2000 and amended by the Act of July 20, 2011 on the sale and distribution of property by auction.

All Items / Lots are sold "as is" without warranty, regardless of condition, wear, damage and defects.

All prices are exclusive of VAT. All taxes resulting from sales and commissions will be billed to the Successful Bidders and will be added to the Hammer Price. France Médical Enchères may, refund the VAT paid by the Successful Bidder on the production of a duly completed bill of lading or the relevant EU or non-EU export document.

The Licensed Auctioneer reserves the right to contact, at its discretion, any Bidder to collect a partial bill payment during the auction.

France Médical Enchères may, at its discretion, set a purchase limit of 5,000 Euros for Bidders if the Bidder is not known to France Medical Auction or has late payments history.

 

Article 3 – Online Registration of the Bidder to participate to public auctions held by France Médical Enchères 

3.1 France Médical Enchères collects information from the Bidders before being able to participate in an auction. The information collected by France Médical Enchères includes: First Name, Last Name, Company Name, Company Number, VAT Number or Company Identification Number for Non-EU Recipients, Billing Address, Delivery Address, Telephone number, Email address.

Valid Identity document and document justifying the registration of the company in his country, equivalent of the Kbis for France is requested.

As part of its OVV responsibilities, France Médical Enchères may refuse the registration of a Bidder in accordance with the anti-money laundering rules, and more particularly for Bidders who are located in one of the countries which is the subject of a boycott by the OECD, the United States or the European Union. These countries are registered on different official lists and/or subject to embargo.

All personal information provided to France Médical Enchères by the Bidder will be treated confidentially and will not be disclosed to third parties.

France Médical Enchères may disclose confidential information required by law, any governmental or regulatory authority or by a competent court.

The Bidders can obtain access to their personal information to review, update and correct them by writing to contact@francemedicalauctions.com.

Bidders may request the deletion of their personal information by writing to info@francemedicalauctions.com.

All inquiries regarding confidentiality should be addressed to customerservice@francemedicalauctions.com.

Requests for the deletion of personal information could prevent France Medical Enchères from being able to provide services to the Bidder.

 

3.2 No deposit is required for the registration of new Bidders, however at any time before or during the auction France Médical Enchères may notify to a Bidder that he wishes to obtain a security deposit by debit of a credit card.

This deposit is refundable if no auction is won by the Bidder.

France Médical Enchères will keep the deposit until the total invoice amount listing all the auctions is paid by the accepted methods of payment.

 

Article 4 – Presale: Inspection of Items / Lots

Items / Lots are available for inspection prior to the public auction at the Sale Room during the office hours, as indicated in the Online Auction Catalog, available at www.auctions.francemedicalauctions.com.

The condition of the Items / Lots is therefore known to the Bidder, who accepts the Items / Lots "as is and where they are". Items/ Lots are sold without any warranty or remedy.

However, the Bidder can inspect the Items/Lots prior to the auction sale. At the request of the Bidder and subject to acceptance by France Médical Enchères, the Bidder may examine the Items/Lots during the visit days organized by France Médical Enchères in order to allow interested parties to be aware of the state and of the nature of the Items/Lots presented at the auction.

The Bidder, when bidding, declares to be competent and is supposed to have accepted the defects or imperfections of the Items/Lots.

The photos used on the various advertisements are not contractual. Bidding always takes place at the risk and peril of the Bidder.

The Bidder is not entitled to claim damages for non-compliance of the Items/Lots or any other claims for damages caused to persons, objects or assets of the Contractor directly or indirectly from non-compliance of Items/Lots.

The Bidder acknowledges that certain Equipment may fall under the category of medical devices and is subject to special regulations and directives in the European Union ("EU") and in the United States by the Food and Drug Administration ("FDA").

 

Article 5 - Items / Lots purchase

France Médical Enchères may, in its sole discretion, without reason, notice or liability of any kind, at any time before or after the beginning of an auction, but before the closing of the offer, modify, withdraw or modify all or part of the Items / Lots, refuse to accept an offer or terminate an offer on one or more Items / Lots, or cancel a bid entirely.

Advances, progress and auction rules will be settled at the sole discretion of France Médical Enchères.

France Médical Enchères reserves the right not to accept an offer and to refuse it for any reason whatsoever.

Acceptance of the bid is a commitment to purchase and is legally binding on the Bidder, its principals or agents in view of the transfer of ownership to the Successful Bidder. The blow of hammer will materialize the end of the auction and the pronouncement of the word "Adjugé" or any other equivalent will result in the formation of the contract of sale between the seller and the last bidder retained.

Once the Lot has been awarded, neither France Médical Enchères nor the owners of the Items / Lots can be held responsible for any loss, shortage, damage or liability resulting from or as a result of any cause whatsoever, including, without limitation, negligence, act or omission, strike, civil unrest, war, terrorism, natural disaster and / or any other event occurring beyond the control of France Médical Enchères or the owner of the Items / Lots. It is therefore recommended that the Successful Bidders pre-arrange the insurance cover for their purchases.

 

Article 6 - Execution of the sale

6.1. Payment and commissions.

The Successful Bidder must pay the entire Lot (s) awarded within 5 working days of the closing of the auction.

France Médical Enchères will charge a commission of 20% to the Successful Bidder in addition to the hammer price and the VAT in force in respect of the status of the Successful Bidder for VAT. The Successful Bidder must produce any document that would justify the export of goods exempted from VAT.

The Successful Bidder may pay by the following means of payment:

  • (i) France Médical Enchères accepts cash payments are limited to 1000 € included fees and taxes for French companies and 15000 € included fees and taxes for foreign companies; or
  • (ii) bank transfer; or
  • (iii) By credit card (Visa, Mastercard, or Amex). In this case, an additional commission of 2% will be applied on the amount of the auction.

No purchase can be withdrawn before receipt of full payment of the invoice.

If the Items / Lots are not withdrawn within 10 working days of the closing of the sale, France Medical Enchères may charge the Successful Bidders of storage costs for the relevant Lot at the rate of 20 euros (excluding taxes) per day and possible additional handling and transport costs.

In the absence of payment by the Successful Bidder of the Lot after formal notice remained unsuccessful, the Lot concerned will be represented at the sale.

In addition, France Médical Enchères reserves the right to claim from the defective Successful Bidder either the additional costs incurred by its default or to pay the difference between the initial hammer price and the new hammer price if it is lower, as well as the costs generated by the new auctions.

Associated Services requested and/or due in accordance with the rules of the execution of the sale are invoiced separately and must be paid before the withdrawal of the equipment.

 

Article 7 - Removal / Deinstallation and Transportation of Equipment

7.1 The Successful Bidders are solely responsible for:

  • (i) the packaging, loading, removal, shipping and all other costs associated with the removal of the Items / Lots;
  • (ii) all risks of loss, damage and injury resulting from the removal of the Items / Lots;
  • (iii) repair any loss or damage caused by the removal of the Items / Lots;

France Médical Enchères reserves the right to request at any time a copy of the insurance policy.

Items / Lots must be paid within five business days of the auction.

The Successful Bidders are responsible for controlling the quantities of Items / Lots purchased. No quantity adjustment will be made after the Items / Lots have been withdrawn by the Successful Bidder or his agent.

If, for whatever reason, France Médical Enchères cannot deliver an assigned Article / Lot, the exclusive responsibility of France Médical Enchères will be the refund of any deposit or any amount paid on said Article / Lot, and the Successful Bidder may not make any other claim such as direct, indirect, consequential, exemplary or incidental damages.

 

7.2. Ownership of Items / Lots and Risks.

In the context of the Auction Sale, the Successful Bidder is responsible for the Lot at the time is awarded. 

The transfer of ownership will be effective upon the award. From the auction, the custodian of the Items / Lots, the Seller or France Médical Enchères, will be responsible for its maintenance and maintain insurance until the delivery to the Successful Bidder in the state in which it has been awarded.

The Bidder is advised that France Médical Enchères may stop a sale for any reason after the posting.

 

7.3. Guarantees, claims, indemnities and penalties in case of cancellation of the sale.

 

7.3.1 In the event of a claim by third parties based on retention of title, the Successful Bidder shall be obliged to return the Items / Lots in question or to reach an arrangement with these third parties.

 

7.3.2 France Médical Enchères does not provide any guarantee on the Items / Lots. 

 

Any action against France Medical Auction and/or the Seller, any claim for compensation, resolution or reduction of the sale price of any kind whatsoever and, irrespective of any visible or invisible defects, the condition operation is excluded.

 

7.4 - Modification of Associated Services and General Terms and Conditions

France Médical Enchères reserves the right to make changes relating to Associated Services for technical, legal or regulatory reasons.

France Médical Enchères also reserves the right to modify the General Terms and Conditions of the present contract, subject to informing in advance Bidders online and in the Sale Room.

 

Article 8 - Restrictions on the sale of certain Equipment

8.1 Equipment and production elements are generally sold in compliance with the technical provisions, as well as the European legal or regulatory safety standards. This conformity is attested either by the Conformity Plate (European Directive (93/42 / EEC) amended in 2007 (2007/47 / EC), if they have not undergone significant modifications of the safety devices.

 

8.2 Non-hazardous and non-compliant Equipment are sold unfit for production. They can be sold in the state:

  • (i) To a legal person not intending to use the Equipment for use on French territory. It shall be the responsibility of the Successful Bidder to comply with the legislation of the country of operation.
  • (ii) To a legal person having the status of reseller, salvager, rebuilder or distributor who undertakes to a prior standardization, under its responsibility, to the eventual transfer to a client operator.
  • (iii) to any Reseller for resale in the form of spare parts.

 

Article 9 - Miscellaneous provisions

9.1 In any case, these Auction Terms and Conditions may not be waived. In the event of the Successful Bidder issuing general or specific reservations derogating from these conditions, such reservations shall be deemed null and void.

 

9.2 Only the version of the Auction Terms and Conditions written in French, governs the sale; any translation is only indicative. In case of contradiction between a translation and the French text, the latter will prevail.

 

9.3 The place of performance is Paris, France.

 

9.4. Any dispute arising from the present will be brought before the courts of the jurisdiction of the Court of Appeal of Paris (France).

 

9.5 In the event of any dispute concerning the present, their interpretation or execution, and in particular the conclusion and the execution of the contract, only the French law is applicable.

 

9.6 The fact of making a Bid to purchase implies the full agreement of the Bidder to the conditions set out above.

 

9.7 The present conditions are reproduced on the website www.auctions.francemedicalauctions.com.

 

9.8 In the event that certain provisions of the Auction Terms and Conditions are or become invalid, invalid or cannot be applied, the validity of the remainder of the Auction Terms and Conditions will not be affected.

 

These Auction Terms and Conditions were updated on 21/05/2019