When you bid on an auction posted on DOTmed as a Seller Self Managed Auction you must assent to and indicate your agreement to the terms set forth in the following Confirmation of Purchase Seller Self Managed Auction
The terms of this Confirmation of Purchase Seller Self Managed Auction shall apply to you only if you are the Winning Bidder.
CONFIRMATION OF PURCHASE Seller Self Managed Auction ('CONFIRMATION - SSMA')
Congratulations! You ("Winning Bidder") have been awarded the Auction No. which closed on www.dotmed.com ("Site") at of ("Closing").
As the Winning Bidder the terms of this CONFIRMATION SSMA automatically apply to you because you have assented to and agreed to these terms previously as part of the bidding process.
Winning Bidder understands and agrees that the auction is a Seller Self Managed Auction..
Winning Bidder understands that if it submitted a Proxy Bid the terms pertaining to such on this Site apply.
The terms of this CONFIRMATION - SSMA unconditionally apply to the Winning Bidder.
This auction can also be viewed with pictures online at:
Winning 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.
Winning 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.
Winning Bidder hereby warrants and represents to DOTmed and Seller that Bidder has read, understood and agrees to the terms of the Standard Notice of Seller Self Managed Auction and the Auction Description for this auction listed above which are incorporated herein by reference. In event of conflicts between the terms in the Standard Notice of Auction and the terms in the Auction Description, the terms of the Standard Notice of Auction shall control.
Winning 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.
Winning Bidder warrants and represents to DOTmed and Seller that Winning 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.
Winning Bidder will comply with all removal and shipping requirements of Seller.
Winning Bidder warrants and represents to DOTmed and Seller that Winning 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.
Winning 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 Winning Bidder claims an exemption from any applicable tax, Winning Bidder shall provide any documentation required to substantiate such to any applicable tax authorities.
Winning Bidder acknowledges that Winning Bidder has been afforded ample opportunity to inspect the Auctioned Item.
Winning Bidder hereby agrees that Winning Bidder's sole and exclusive remedy for any default by Seller in the auction purchase/sale transaction of its obligations, as specified in the Standard Notice of Auction Seller Self Managed Auction and the Auction Description above, is to seek legal redress against Seller. The purchase price of the Auctioned Item shall be paid by the Winning Bidder to the Seller in accordance with the Auction Description above and consistent with the terms hereof.
If as the Winning 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 Winning 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.
Winning Bidder understands and agrees that DOTmed will be collecting a commission on the auction from Seller. Winning Bidder understands that the Seller may require terms to be agreed upon and documents to be executed by Winning Bidder that are in addition to the terms hereof and Winning Bidder will agree to such provided such are not inconsistent with the terms of the Notice of Auction.
DOTMED SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF WINNING 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.
Winning 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 Aunctioned Item by the Winning Bidder.
Winning Bidder understands and agrees that DOTmed is not acting as a principal or delagating any authority to Seller to act on DOTmed's behalf in any manner whatsoever.
Winning Bidder understands and agrees that DOTmed is not acting as an agent of Seller in any manner whatsoever. Winning Bidder further agrees that DOTmed's total liability to Winning Bidder arising from any cause whatsoever shall be limited to that portion of the auction purchase price paid to DOTmed as a commission by Seller.
Winning 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 Winning Bidder of its obligations to DOTmed or Seller.
Winning Bidder further acknowledges that in the event Winning Bidder fails to convey the purchase price to Seller or otherwise fails to perform as required, Winning 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. Payment Amount and Schedule are as stated in the Auction Description above.
Pre-tax price: U.S. $ . Transportation, shipping and handling charges are additional.
Payment Instructions For Winning Bidder will be notified to Winning Bidder by DOTmed, consistent with the terms herein.
Winning Bidder agrees that Winning Bidder is legally bound by the terms of this CONFIRMATION - SSMA.
Last Updated April, 2010
Copyright 2003-2010 DOTmed.Com, Inc.
All Rights Reserved