Buyer and Seller EasyPay Terms

If as a health care provider (HCP) you wish to take advantage of EasyPay program please apply here.

The terms of www.dotmed.com, including the Legal Notice of www.dotmed.com apply in all respects of your activities in connection with the Easy Pay program.

The above terms are expressly incorporated in this EasyPay Program.

EasyPay Program (“Easy Pay”)

EasyPay is offered by DOTmed within the Shopping Cart for HCPs. You must be an employee of a US-based Hospital System to utilize Easy Pay.

No HCP is required to use Easy Pay.

By way of Easy Pay and for service fees as provided below herein ("EPay Fees"), DOTmed coordinates payment from HCPs to sellers for parts and equipment transactions consummated via the purchase program of www.dotmed.com, including outright sales. Such coordination may include, but not be limited to, tracking the transaction on www.dotmed.com, communicating with HCP buyers and DOTmed sellers, collecting payment from HCP buyers and making payment to DOTmed sellers as appropriate.

Under Easy Pay, DOTmed shall invoice HCP buyers on behalf of DOTmed sellers for the purchase price plus all applicable shipping, handling and taxes as agreed between HCP buyer and DOTmed seller (“Transaction Amount”), before items are shipped. Such invoice to HCP buyer shall be paid in full to DOTmed by a HCP buyer as stated below.

The Transaction Amount, minus the applicable EPay Fees and commissions, shall be paid to a DOTmed seller by DOTmed, on behalf of the HCP buyer, as stated below.

HCP buyers and DOTmed sellers of EasyPay transactions agree to communicate with each other, and with DOTmed after an order is placed, timely and properly to keep each other and DOTmed informed of the status of the transaction. The Transaction Amount must be confirmed by both HCP and DOTmed seller. If the Transaction Amount is in dispute, DOTmed reserves the right, without any obligation or liability on its part, to make a determination upon written notice based on reasonable evidence/proof available to DOTmed.

HCP buyers and DOTmed sellers agree that DOTmed IS NOT a party to any parts sales using EasyPay, and that they will look solely to each other for consummation of the purchase transactions. All commercial features of a DOTmed transaction between HCP buyers and DOTmed sellers, including such commercial features as warranty and service for any parts, shall be coordinated directly and solely between HCP buyers and DOTmed sellers.

EasyPay is eligible only when both of the following conditions are met:

1. A HCP buyer is buying from a DOTmed seller; and

2. The Transaction Amount for each order is not more than $10,000.

DOTmed reserves right to cancel or modify EasyPay program at any time.

How EasyPay Works for a HCP buyer

A HCP buyer who makes a parts request on www.dotmed.com can choose one of the following payment methods:

1. Easy-Pay via DOTmed: see a to d below

2. Pay the DOTmed seller directly with a credit card

Where EasyPay applies, a HCP buyer may choose to pay the DOTmed invoice for Transaction Amount and HCP Epay Fee as follows:

a. Pay DOTmed with 14 days after items are purchased

EPay Fee: 0%

b. Pay DOTmed within 30 days after items are purchased

EPay Fee: 1%

c. Pay DOTmed within 60 days after items are purchased

EPay Fee: 2%

Late Fee of 1% of the entire outstanding amount (including both Transaction Amount and Epay Fee outstanding) shall accrue starting 60 days after items are purchased, for every 30 days while payment is owing to DOTmed.

A HCP buyer must notify DOTmed immediately in the event the items purchased have not been received as promised or have been received and are non-conforming or defective.

By using EasyPay, a HCP buyer waives any claims that (i) the items purchased have not been delivered as promised or (ii) the items delivered are non-conforming or defective, in the event HCP buyer does not provide written notice to DOTmed within 14 days of delivery.

By using EasyPay, a HCP buyer agrees that it shall release DOTmed (including its shareholders, officers, directors, users, agents and affiliates) from any obligations or liabilities once payment of Transaction Amount is made to the Shopping Cart seller in accordance herewith.

How EasyPay Works for a DOTmed seller

Where EasyPay applies, a Shopping Cart seller may choose to be paid by DOTmed as follows:

1. To be paid by 30 days after parts are delivered

DOTmed Fee: 5% of Transaction Amount including Shipping

2. To be paid by 60 days after parts are delivered

DOTmed Fee: 5% of Transaction Amount including Shipping

A DOTmed seller using EasyPay will invoice the HCP buyer, c/o DOTmed, for the Transaction Amount reflecting the choice of payment terms provided in 1 and 2 above, before items are shipped. Payment shall be made by DOTmed, on behalf of the HCP buyer, to the DOTmed seller in accordance the invoice, minus applicable DOTmed Fee above. Payment of DOTmed Fee will be reflected in the payment confirmation from DOTmed to the Shopping Cart seller.

To receive payment under EasyPay and by receiving payment under EasyPay, DOTmed sellers agree that they will ship the items ordered only upon written instruction from DOTmed and not from any other person (including HCP buyers).

Notwithstanding anything to the contrary herein, DOTmed has right to withhold payment to a DOTmed seller upon notice by the HCP buyer that the parts purchased have not been received as promised or have been received but are defective or non-conforming.

To receive payment under EasyPay and by receiving payment under EasyPay, DOTmed sellers further agree that they are solely responsible to collect any taxes (including value added taxes or sales taxes) from HCP buyers and remit such to the applicable taxing authorities.

By using EasyPay, a DOTmed seller agrees that it shall release DOTmed (including its shareholders, officers, directors, users, agents and affiliates) from any obligations or liabilities once payment of Transaction Amount is made to it by DOTmed in accordance herewith.

DOTmed & EasyPay

A HCP buyer and a DOTmed seller acknowledge and agree that they have designated DOTmed as their payment/collection coordinator for an EasyPay transaction where a direct payment between the HCP buyer and DOTmed seller does not apply.

A HCP buyer and a DOTmed seller acknowledge and agree that DOTmed has no obligations or liabilities in respect to EasyPay except as expressly provided for herein.

A HCP buyer and a DOTmed seller acknowledge and agree that DOTmed is not acting as a principal in any EasyPay Shopping Cart transaction. A HCP buyer understands and agrees that DOTmed is not the agent of DOTmed sellers for any purpose other than that of collection. A Shopping Cart seller understands and agrees that DOTmed is not the agent of HCP buyers for any purpose other than that of payment.

A HCP buyer further acknowledges and agrees that in the event it fails to convey the Transaction Amount to DOTmed, as collection agent for the DOTmed seller or otherwise fails to perform the DOTmed sale agreement, it may be permanently precluded from using the purchasing system on www.dotmed.com, blacklisted on www.dotmed.com and may be subject to legal actions from DOTmed and/or the DOTmed seller, in addition to other remedies available to DOTmed and/or DOTmed seller at law and in equity.

A DOTmed seller further acknowledges and agrees that in the event it fails to ship the items to the HCP buyer or otherwise fails to perform the DOTmed sale agreement, it may be permanently precluded from listing items for sale on www.dotmed.com, blacklisted on www.dotmed.com and may be subject to legal actions from DOTmed and/or HCP buyer, in addition to other remedies available to DOTmed and/or HCP buyer at law and in equity.

A HCP buyer and a DOTmed seller acknowledge and agree that DOTmed has the right but not obligation to monitor their account activity in connection with EasyPay transactions.

WARRANTY/REPRESENTATION DISCLAIMER

DOTMED DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS IN RESPECT TO ANY SHOPPING CART TRANSACTIONS UNDER THE EASY PAY PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, DOTMED DOES NOT GUARANTEE ANY BENEFIT, MONETARY OR OTHERWISE FROM A HCP BUYER’S OR DOTmed SELLER’S PARTICIPATION IN EASYPAY OR THAT PRICE, AVAILABILITY, QUANTITY OR QUALITY OF ANY SALES WILL BE ENHANCED BY EASYPAY PARTICIPATION.

INDEMNITY

A HCP buyer and a DOTmed seller each agree to jointly and severally indemnify and hold harmless DOTmed from any and all collection and/or payment obligations or liabilities to any applicable taxing authorities for any applicable taxes (including value added taxes or sales taxes) as well as penalties and interest, and are solely responsible to the applicable taxing authorities for such.

A HCP buyer and a DOTmed seller each agree to jointly and severally indemnify and hold harmless DOTmed from any and all claims, judgments, and decrees, as well as damages, costs, and expenses, including, attorneys' fees or any other loss incurred by DOTmed, relating to or arising out of any acts or omissions of a HCP buyer and/or a DOTmed seller in respect to EasyPay parts transaction.

A HCP buyer and a DOTmed seller each agree to jointly and severally indemnify and hold harmless DOTmed from any and all claims, judgments, and decrees, as well as damages, costs, and expenses, including, attorneys' fees or any other loss incurred by DOTmed, relating to or arising out of any product liability claims (irrespective of nature of the claim) regarding any part or equipment into which the part is installed in connection with an EasyPay transaction.

RELEASE

A HCP BUYER AND A DOTmed SELLER EACH AGREE TO RELEASE AND TO HOLD HARMLESS DOTMED (INCLUDING ITS SHAREHOLDERS, OFFICERS, DIRECTORS, USERS, AGENTS AND AFFILIATES) FROM ANY CLAIMS UNDER ANY CAUSES OF ACTION OR THEORIES OF LIABILITY WHATSOEVER, REGARDING THE EASYPAY PROGRAM.

LIMITATION OF LIABILITY

DDOTMED SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF HCP BUYERS, DOTmed SELLERS, OR THIRD PARTIES, OR FOR ANY LOSS OF USE, REVENUE OR PROFITS, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH A TRANSACTION, WHETHER USING EASYPAY OR NOT.

DOTMED’S ENTIRE LIABILITY IN ANY EASY PAY TRANSACTION IS LIMITED TO THE TRANSACTION AMOUNT OF THE ITEMS, OR $1,000.00, IN THE AGGREGATE, WHICHEVER IS GREATER.

IN NO EVENT SHALL DOTMED BE LIABLE FOR ANY OF ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY.

IN NO EVENT SHALL DOTMED BE LIABLE FOR ANY EVENTS BEYOND ITS CONTROL INCLUDING FORCE MAJEURE.

Last Updated: June 2019