When you bid on an auction posted on DOTmed as a DOTmed Managed Auction you must assent to and indicate your agreement to the terms set forth in the following Confirmation of Purchase
The terms of the Confirmation of Purchase shall apply to you only if you are the Successful Bidder.
CONFIRMATION OF PURCHASE ('CONFIRMATION')
Congratulations! You ("Successful Bidder") have been awarded the Auction No. which closed on www.dotmed.com ("Site") at of ("Closing").
As the Successful Bidder the terms of this CONFIRMATION automatically apply to you because you have assented to and agreed to these terms previously as part of the bidding process.
Successful Bidder understands and agrees that the auction is a DOTmed Managed Auction.
Successful Bidder understands that if it submitted a Proxy Bid the terms pertaining to such on this Site apply.
The terms of this CONFIRMATION unconditionally apply to the Successful Bidder.
This auction can also be viewed with pictures online at:
Successful Bidder hereby warrants and represents to DOTmed and Seller that Bidder has read, understood and agrees to the Auction Terms for this Site, which are incorporated herein by reference.
Successful Bidder hereby warrants and represents to DOTmed and Seller that Bidder has read, understood and agrees to the terms of the DOTmed Approved Bidder program the terms of which are incorporated herein by reference.
Successful Bidder hereby warrants and represents to DOTmed and Seller that Bidder has read, understood and agrees to the terms of the Notice of Auction as well as in the Auction Description for this auction listed above which are incorporated herein by reference. In the event of conflicts between the terms in the Notice of Auction and the terms in the Auction Description, the terms of the Notice of Auction shall control.
Successful Bidder warrants and represents to DOTmed and Seller that Bidder is ready, willing and able to consummate the purchase of the Auctioned Item at the final auction price.
Successful Bidder warrants and represents to DOTmed and Seller that Successful Bidder has purchased or will purchase prior to the removal of Auctioned Item the general liability insurance normally required to de-install the Auctioned Item under industry standards as well as any applicable standards set by Seller.
Successful Bidder will comply with all removal and shipping requirements of Seller.
Successful Bidder warrants and represents to DOTmed and Seller that Successful Bidder is solely responsible to comply with all export and import laws of any applicable country, including the U.S., in the event the Auctioned Item is to be shipped into or out of the U.S.
Successful Bidder is solely responsible to pay Seller or relevant taxing authority any and all applicable taxes (including sales/use taxes, value added taxes, other taxes, duties and tariffs) in connection with the auction or the purchase/sale of the Auctioned Item. In the event the Successful Bidder claims an exemption from any applicable tax, Successful Bidder shall provide any documentation to substantiate such to any applicable tax authorities and DOTmed. Successful Bidder will provide a Resale Certificate or Tax Exempt Certificate, as applicable.
Successful Bidder acknowledges that Successful Bidder has been afforded ample opportunity to inspect the Auctioned Item.
Successful Bidder hereby agrees that Successful Bidder's sole and exclusive remedy for any default by Seller in the auction purchase/sale transaction of Seller’s obligations as specified in the Notice of Auction, is to seek legal redress against Seller and/or request DOTmed to return any monies previously paid by Successful Bidder to DOTmed in this auction, to the extent such monies are still under DOTmed’s control.
If as the Successful Bidder you fail to complete the purchase/sale transaction and you supplied a credit card as part of the Approved Bidder process, that credit card will be charged by DOTmed the amount of your bid or $2,000, whichever is less, as an administrative fee. Similarly, if as the Successful Bidder you fail to complete the purchase/sale transaction and you were Pre-Approved, your Pre-Approval shall be revoked and DOTmed shall invoice the amount that otherwise would have been charged if a credit card had been provided and such invoice is payable upon receipt. The referenced administrative fee charged by DOTmed, in each instance, is in addition to any rights or remedies that the Seller or DOTmed may have.
Seller has designated DOTmed as its collection agent for the collection of payment of the purchase price from the Successful Bidder. The full auction purchase price shall be paid to DOTmed by a Successful Bidder in accordance with the Auction Description above and as directed by DOTmed, and DOTmed upon receipt of such shall pay to Seller an amount equal to the full auction purchase price less the agreed upon auction commission due to DOTmed.
Successful Bidder further agrees that DOTmed's obligations subsequent to the closing of the auction are conditioned upon the Seller complying with all of Seller's auction obligations.
DOTMED SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF SUCCESSFUL BIDDER, SELLER OR THIRD PARTIES OR FOR ANY LOSS OF USE, REVENUE OR PROFITS, OR FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AUCTION OR THE AUCTIONED ITEM.
Successful Bidder agrees to hold DOTmed harmless against any and all claims, judgments, and decrees against DOTmed, as well as damages, costs, and expenses, including, attorneys' fees or any other loss incurred by DOTmed relating to or arising out of the bid, purchase, use or disposal of the Auctioned Item by the Successful Bidder.
Successful Bidder understands and agrees that DOTmed is not acting as a principal in any matter whatsoever. Successful Bidder understands and agrees that DOTmed is not the agent of Seller for any purpose other than that of collection. Successful Bidder further agrees that DOTmed's total liability to Successful Bidder arising from any cause whatsoever shall be limited to that portion of the auction purchase price paid to DOTmed which has not been transferred to Seller, or the commission payable or paid to DOTmed, whichever is greater.
Successful Bidder agrees to reimburse all costs and expenses, including attorneys' fees, incurred by DOTmed, in connection with any legal proceedings initiated by DOTmed for any breach by Successful Bidder of its obligations to DOTmed or Seller.
Successful Bidder further acknowledges that in the event Successful Bidder fails to convey the purchase price to DOTmed, as collection agent for Seller or otherwise fails to perform as required, according to the Auction Terms, Successful Bidder will be permanently precluded from listing or bidding for auction through DOTmed, will be blacklisted by DOTmed on www.dotmed.com and may be subject to legal actions from DOTmed and/or Seller.
If the Successful Bidder pays for the equipment but fails to deinstall and remove the equipment on or before the deinstallation and removal date specified in the Auction Description, or ten (10) days after the date of payment if no deinstallation and removal date is specified, the equipment will be scrapped by the Seller or DOTmed and the Successful Bidder shall forfeit any right, title or interest in and to the equipment and shall similarly forfeit any claim for refund of any monies paid. The Successful Bidder agrees that time is of the essence in respect to deinstallation and removal of the equipment as provided for in the Notice of Auction. The Successful Bidder also agrees that the forfeitures referenced above is reasonable and are agreed upon as liquidated damages/agreed upon remedy for failure of the Successful Bidder to comply with its obligations in respect to deinstallation and removal of the equipment. Successful Bidder irrevocably and unconditionally waives any claim to title or possession of the equipment as of 11:59 PM (local time where the equipment is physically located) in the event the Successful Bidder does not deinstall and remove the equipment as specified in the Auction Description, or ten (10) days from the date of payment if no deinstallation and removal date is specified in the Auction Description.
Payment Amount and Schedule are as stated in the Auction Description.
Pre-tax price: U.S. $ . Transportation, shipping and handling charges are additional.
Payment Instructions For Successful Bidder will be notified to Successful Bidder by DOTmed consistent with the terms herein.
Successful Bidder agrees that Successful Bidder is legally bound by the terms of this CONFIRMATION.
Last Updated March, 2011
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