In addition to the Terms of this internet site www.DOTmed.com ('Site') the auctions on this site are subject to the following auction terms.
IF YOU DO NOT AGREE TO THESE AUCTION TERMS, YOU MAY NOT PARTICIPATE IN THE AUCTIONS ON THIS SITE.
Seller also agrees to any terms specified in a Notice of Auction in the event of a DOTmed Managed Auction or Notice Of Seller Self Managed Auction in the event an auction is self managed by the Seller. To list any auction on this Site, Seller must be a registered user.
Buyer shall agree to any terms specified in the Confirmation of Purchase in the event of a DOTmed Managed Auction or Confirmation Of Purchase Seller Self Managed Auction in the event that the auction is Self-Managed by the Seller. To bid on this Site in an auction you must be a registered user as well as an Approved Bidder. Buyer becomes an Approved Bidder by either: (i) submitting a valid credit card to DOTmed which is acceptable to DOTmed or (ii) being Pre-Approved by DOTmed in accordance with the Pre-Approved Bidder procedures established by DOTmed. Please click here if you have not already gone through the process to become an Approved Bidder.
Upon compliance with the terms and conditions herein, a registered user ('Seller') may list equipment or parts or other items ('Auctioned Item') on this Site for auction, where such Auctioned Item will be sold to the highest bidder at the closing of an auction. Services may not be listed for auction on this Site.
Each auction closes as of the pre-announced time set forth in the auction listing, provided, however, (i) such time will be automatically extended until 10 consecutive minutes have passed since the last bid is submitted, and (ii) no less than one bid has been submitted that is above the initial offer price or the reserve price (if any), whichever is higher. Time is of the essence.
Alternatively, an Approved Bidder may also exercise the Purchase It! price at any time during an auction, if a Purchase It! option is available, and automatically become a Successful Bidder in a DOTmed Managed Auction or a Winning Bidder in a Seller Self Managed Auction, in which case, an auction also closes upon such exercise.
Seller is obligated to sell the Auctioned Item to the Successful Bidder in a DOTmed Managed Auction or the Winning Bidder in a Seller Self Managed Auction and the Successful Bidder in a DOTmed Managed Auction or the Winning Bidder in a Seller Self Managed Auction is obligated to complete the transaction with the Seller.
EXCEPT AS EXPRESSLY SPECIFIED IN THE DESCRIPTION OF EACH AUCTION, THE AUCTIONED ITEM ON THIS SITE IS SOLD 'AS IS' WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
B. Default by Seller or Bidder
To ensure the auction is conducted in an honest and fair manner, in the event a Seller or a Winning Bidder or a Successful Bidder does not honor any obligations in connection with any auction, such party (and its representatives) will be excluded from any future auctions on this Site, and information concerning any such party's failure to conclude an auction may be posted on this Site and any such party may be Blacklisted on this Site, at the sole determination of DOTmed. This is in addition to any other sanctions for default provided hereunder or in any other document posted on this Site.
All Bidders are advised that the terms applicable to Approved Bidders apply and that in the event a Bidder defaults in its obligations under an auction after having bid, DOTmed will charge the Bidder's credit card as provided for by the terms applicable to an Approved Bidder if a Bidder is not Pre-Approved. If a Bidder is Pre-Approved, such Pre-Approval shall be revoked and DOTmed shall invoice the amount that would otherwise have been charged if a credit card would have been provided. Such invoice is payable upon receipt.
All Sellers are advised that DOTmed shall be entitled to its commission upon the closing of the auction and in the event that the Seller defaults in its obligations under an auction after the auction has closed, DOTmed shall nevertheless be entitled to collect in full from the Seller all of the commissions applicable to the auction.
C. Type of Auction
Seller has the option to list an Auctioned Item on this Site as either a DOTmed Managed Auction or a Seller Self Managed Auction.
1. DOTmed Managed Auction
In a DOTmed Managed Auction, a Seller, upon submitting to DOTmed a Notice of Auction acceptable to DOTmed engages DOTmed to administer the auction on Seller's behalf, for a commission as set forth in the commission schedule which is part of the Notice of Auction.
For certain auctions approved in advance by DOTmed, DOTmed may additionally offer PriceProtection to a Seller of an auctioned item on certain designated terms and conditions. If you are a seller, ask DOTmed if PriceProtection is available to your auctioned item.
DOTmed shall act as Seller's collection agent for the payment of the purchase price in any such auction, from the highest bidder who has agreed to the Confirmation of Purchase ('Successful Bidder').
The full auction purchase price shall be paid to DOTmed by the Successful Bidder as scheduled and indicated in the Auction Description for a given auction and/or as directed by DOTmed, and DOTmed, upon receipt of such, shall transfer to the Seller said amount less the agreed upon auction commission due to DOTmed in accordance with the commission schedule.
DOTmed earns its commission at the time of the closing of an auction.
The terms of the Notice of Auction apply to a Seller in a DOTmed Managed Auction.
The terms of the Confirmation of Purchase apply to the Successful Bidder in a DOTmed Managed Auction.
In the event the Successful Bidder fails to make payment of the auction price as scheduled or otherwise perform as required, such person or party shall be disqualified from the auction. Time is of the essence. Upon such disqualification DOTmed will then notify the next highest bidder who will then automatically become the Successful Bidder, provided however, that Seller was not at fault. DOTmed shall follow such procedure successively until the purchase/sale transaction is finalized by the Seller and the Successful Bidder. Notwithstanding the foregoing, if a Bidder becomes the Successful Bidder by exercising the Purchase It! and fails to perform as required, DOTmed shall have right to restart the auction in its sole determination.
Notwithstanding the foregoing, if a bidder becomes the Successful Bidder by exercising the Purchase It! and fails to perform as required, DOTmed shall have right to restart the auction in its sole determination.
Notwithstanding anything to the contrary herein, in the event the Seller fails to perform as required under an auction, and is at fault, DOTmed shall have the right to suspend or terminate the auction and refund any payment made by the Successfull Bidder (if any), at the sole determination of DOTmed, and Seller shall be liable to DOTmed for commissions based on the highest bid received as well as liable to DOTmed and the Successful Bidder (if any) for any other direct and actual damages caused by the Seller’s breach(es).
The amount already paid by a disqualified former Successful Bidder will be retained by DOTmed as an administrative fee.
The commission earned by DOTmed shall be based upon the amount actually paid by the Successful Bidder under an auction.
2. Seller Self-Managed Auction
In a Seller Self-Managed Auction, a Seller shall, upon submitting to DOTmed an acceptable Notice of Seller Self Managed Auction, also submit to DOTmed a valid credit card against which any fees of Seller will be charged.
An initial auction setup fee applies in accordance with the schedule in the Notice of Seller Self Managed Auction. Such posting fee is due to DOTmed at the time the auction is posted by DOTmed. DOTmed shall automatically charge Seller's credit card for such posting fee. DOTmed shall also be paid by Seller a commission in accordance with the schedule in the Notice of Seller Self Managed Auction. Such commission is due to DOTmed at the time of the closing of the auction. DOTmed shall automatically charge Seller's credit card for such commission. If the commission exceeds the amount that can be charged on the credit card, then the maximum available to be charged to the credit card shall be so charged by DOTmed and Seller shall promptly and unconditionally pay any balance to DOTmed upon invoicing by DOTmed. Time is of the essence.
A Seller Self-Managed Auction shall be administered by Seller without involvement of DOTmed, except as otherwise expressly provided for herein.
Upon closing of the auction, DOTmed shall introduce the Seller to the Winning Bidder. The Seller agrees to notify DOTmed in the event that the purchase/sale transaction under the auction is not finalized by Seller and the Winning Bidder. In the event that such was not finalized through no fault of the Seller, DOTmed shall introduce Seller to the next highest Bidder who for purposes hereof shall automatically become the Winning Bidder. DOTmed shall follow such procedure successively until the purchase/sale transaction is finalized by the Seller and the Winning Bidder. If the Seller does not perform and is at fault, DOTmed has the right to suspend or terminate the auction.
In the event the Seller fails to perform as required under an auction, DOTmed shall have the right to suspend or terminate the auction in the sole determination of DOTmed, and Seller shall be liable to DOTmed for commissions based on the highest bid received as well as liable to DOTmed and the Winning Bidder (if any) for any other direct and actual damages caused by the Seller’s breach.
DOTmed will make a proportional adjustment in any commission due to DOTmed if the price of the finalized purchase/sale transaction under the auction is other than the price upon which DOTmed was paid a commission and refund any excess commission or charge any extra commission to Seller. DOTmed earns its commission at the time of the closing of an auction.
The terms of the Notice of Seller Self Managed Auction apply to a Seller in a Seller Self Managed Auction. Seller agrees to set forth any material terms of the purchase/sale transaction in the Auction Description.
The terms of the Confirmation of Purchase - Seller Self Managed Auction apply to the Winning Bidder in a Seller Self Managed Auction.
In the event the highest bidder fails to make payment of the auction price as scheduled or otherwise perform as indicated in the Notice of Auction Seller Self Managed Auction, such person or party shall be disqualified from the auction. Time is of the essence.
Important additional facts concerning a Seller Self Managed Auction on DOTmed:
Except as otherwise expressly provided for in this Site, a Seller Self-Managed Auction is a transaction solely between the Seller and the Winning Bidder, upon terms and conditions herein and as specified by the Seller in the Notice of Seller Self Managed Auction.
Seller and Winning Bidder in a Seller Self-Managed Auction assume any and all risk associated with a purchase/sale transaction and DOTmed assumes no risk, obligation or liability whatsoever.
Seller in a Seller Self-Managed Auction must agree to the same Dispute Resolution Procedure as provided for under DOTmed Certified, if such procedure is elected by the Winning Bidder at the time when a dispute arises between such Winning Bidder and Seller.
D. Disclaimer and Indemnification of DOTmed
DOTmed makes no representations or warranties regarding and has no control over the quality, safety or legality of the Auctioned Item, the truth or accuracy of the listings, the ability of a Seller to sell the Auctioned Item, the ability of a Winning Bidder to buy the Auctioned Item, or the certainty that any party will actually complete a transaction.
In the event of any disputes arising between and among a Seller and a Successful Bidder or Winning Bidder or any other party, in connection with an auction listed on this Site, such parties to the disputes agree to release DOTmed, its subsidiaries and affiliates, their respective officers, directors, agents, employees and third party suppliers, from claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes. Each such party shall indemnify, defend and hold harmless DOTmed, its subsidiaries and affiliates, their respective officers, directors, employees, agents and third party suppliers, from and against any and all claims, losses, damages, liabilities, judgments, costs and expenses (including, without limitation, reasonable attorneys' fees), relating to or arising out of: (i) any breach or violation of the terms hereof, or (ii) any dispute over the Auctioned Item on this Site.
DOTMED SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF SELLER, WINNING BIDDER 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 AN AUCTIONED ITEM OR AN AUCTION.
Applicable provisions of the Legal Notice for this Site are incorporated herein and made a part hereof by reference.
In the event any dispute or controversy arises from the auction, without limiting the effect of the arbitration clause below, each Seller and Successful Bidder and Winning Bidder consent to the jurisdiction of the Federal and/or State courts having jurisdiction over the matters arising in the County of New York, State of New York and waive any claim of lack of jurisdiction, improper venue or inconvenient forum and if applicable, right to a jury.
Any controversy or claim relating to DOTmed arising out of or relating to the auctions on this Site will be settled by arbitration, before one (1) arbitrator in accordance with the rules of the American Arbitration Association then in effect and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator will be selected by the parties, from a panel of attorney arbitrators experienced in the computer industry. Any arbitration shall be held at the offices of the American Arbitration Association in County of New York, State of New York. The language of arbitration shall be English. Either party hereto may request that any decision of the arbitrator be a reasoned decision and set forth the findings of fact and conclusions of law upon which the award is based. The arbitrator may not, in any event, make any relief, finding or award that does not conform to the terms and conditions of this Auction Terms. Either party, before or during or after any arbitration, may apply to a court having jurisdiction for a temporary, provisional or permanent order of relief to protect its interests.
These Auction Terms, including all documents incorporated herein by reference, constitute the entire understanding and agreement between the parties with respect to the auctions on this Site, and supersede all prior agreements, understandings, representations, proposals, course of dealing, course of performance or usage of trade, statements and negotiations, unless such is in writing and signed by DOTmed.
No modification or amendment of any provision provided herein shall be valid unless the same shall be in writing and signed by DOTmed.
DOTmed reserves right to revise or amend these Auction Terms and its ancillary documents at any time.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE AUCTION TERMS AND UNDERSTAND AND AGREE TO ALL OF ITS PROVISIONS IN THE ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN AUCTIONS ON THIS SITE, AND THE DESIRABILITY OF THE AUCTIONED ITEM ON THIS SITE, AND ARE NOT RELYING UPON ANY WARRANTY, REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH HEREIN.
Last Updated April, 2018
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