Auction No.: Information Pending
Seller: Information Pending
Company: Information Pending
Address: Information Pending
City: Information Pending
State: Information Pending
Zip Code: Information Pending
Country: Information Pending
Telephone: Information Pending
Facsimile: Information Pending
A description of the auction is shown below.
This auction can also be viewed with pictures online at:
http://www.dotmed.com/
All content of the auction listing on this site is incorporated herein by reference.
Starting Bid: Information Pending
Information Pending
Information Pending
Closing Time: Information Pending
Equipment/Device Type: Information Pending
Manufacturer: Information Pending
Model: Information Pending
Description: Information Pending
Condition: Information Pending
Inspection: Information Pending
Available: Information Pending
Warranty: Information Pending
Additional Services: Information Pending
Other Terms: Information Pending
PriceProtection: Information Pending
Taxes: Sales and other taxes are additional.
Seller hereby represents to DOTmed that Seller has read, understood and agrees to the Auction Terms of www.dotmed.com ("Site"). Seller is willing to auction the equipment or device identified above ("Auctioned Item") via the Site.
Seller hereby agrees that this auction shall be conducted as a DOTmed Managed Auction.
Seller warrants and represents to DOTmed and all auction participants, including all bidders, that Seller has title and possession to the Auctioned Item, free and clear of all liens and encumbrances and that clean title and free possession of the Auctioned Item, in the condition at least as good as when the Auctioned Item is available for inspection, will be conveyed to the Successful Bidder upon payment of the purchase price to Seller.
Seller warrants and represents to DOTmed and all auction participants, including all bidders, that, Seller will have the Auctioned Item available for inspection hereafter until the Successful Bidder concludes the purchase.
Seller warrants and represents to DOTmed and all auction participants, including all bidders, that Seller will bear the risk of loss or damage of the Auctioned Item until the title of the Auctioned Item is transferred in accordance with the terms herein.
Seller warrants and represents to DOTmed and all auction participants, including all bidders, that Seller shall not, directly or indirectly, bid in this auction.
Seller warrants and represents to DOTmed and all auction participants, including, all bidders, that Seller has checked that the Auctioned Item can be sold on DOTmed in accordance with Federal, State and local laws and regulations.
Auction Item sold on DOTmed are subject to the following restrictions, without limitation:
• If a sale of an Auctioned Item is subject to regulations by the U.S. Food and Drug Administration or other national, state or local agencies, Seller agrees to identify such to DOTmed.
• For Auctioned Item subject to regulations, the following statement is to be posted on the auction:
“The sale of this Auctioned Item may be subject to regulations by the U.S. Food and Drug Administration and other national/provincial/territorial/state and local regulatory agencies. If so, do not bid on this Auctioned Item unless you are an authorized purchaser. If the Auctioned Item is subject to the FDA regulation and it is to be used for regulated medical services in the USA, your payment for it indicates that you are an authorized purchaser and will comply with these regulations. If you have questions about legal obligations regarding sale of medical devices, you should consult with the FDA or the regulatory authorities in the jurisdiction in which the Auctioned Item is to be used.”
• Auctioned Item (medical device) that requires a prescription for use must be labeled as such by the Seller and only be sold a) as parts, or b) for further servicing by qualified buyers; and not sold for patient use.
• Auctions must state in the Auction Description for the Auctioned Item has been opened or used.
◦ Auctioned Item must be properly cleaned (if used) in accordance with manufacturer's instructions.
◦ Used Auctioned Item must not be altered in any way that changes the performance or safety specifications of the Auctioned Item laid out by the manufacturer.
• Auctioned Item with an expiration date must clearly state the expiration date and the following statement is to be posted on the auction:
“Expired Auctioned Item is not for patient use and may only be purchased for research, veterinary, or educational purposes in accordance with Federal, State and local laws and regulations.”
Auction Compensation to DOTmed
(i) DOTmed will charge a commission in accordance with the specified commission schedule below based upon the final auction price.
Commissions are 50% or greater depending on the level of service
Commission | |
---|---|
Selling Price | Commission |
Item not sold | $0 |
$1+: | TBD |
Clean Sweep Commission | |
---|---|
Selling Price | Commission |
Item not sold | $0 |
$1+: | TBD |
Clean Sweep Auctions subject to the DOTmed Clean Sweep Auction Terms
(ii) Seller hereby agrees that commission is payable to DOTmed in U.S. dollars and is earned by DOTmed upon the closing of the auction.
Seller hereby agrees to reimburse all costs and expenses, including attorneys' fees, incurred by DOTmed, in connection with any legal proceedings initiated by DOTmed for commission and/or any breach by Seller of Seller's obligations to DOTmed or the Successful Bidder.
Seller designates DOTmed as its limited collection agent for the collection of payment of the purchase price in any such auction from the Successful Bidder. All payments shall be settled in US Dollars unless otherwise designated by DOTmed. The finalization of the auction, settlement of the purchase and settlement of all payments shall be deemed to be made in New York, New York, U.S.A. The full auction purchase price shall be paid to DOTmed by a Successful Bidder, as designated 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, provided Seller is ready, willing and able to transfer clean title and free possession and permit removal of the Auctioned Item by the Successful Bidder as specified in the Notice of Auction. Seller is responsible to separately collect any taxes (including value added taxes or sales taxes) from the Successful Bidder at the time of transfer of title and possession of the Auctioned Item and remit such to the applicable taxing authorities. In addition and not in lieu of any other obligations or liabilities of Seller which apply, Seller specifically undertakes to indemnify and hold harmless DOTmed from any and all claims of any taxing authorities in respect to the collection of any applicable taxes.
Seller hereby agrees that Seller shall not transfer title or possession of the Auctioned Item to any party other than the Successful Bidder as notified by DOTmed, unless otherwise instructed by DOTmed.
Seller further agrees that DOTmed's obligations subsequent to the closing of the auction are conditioned upon the Successful Bidder complying with its auction obligations.
Unless otherwise expressly provided for herein, Seller further agrees that Seller will look solely to the Successful Bidder for consummation of the sale of an Auctioned Item.
DOTMED SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF SELLER, SUCCESSFUL 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 THE AUCTIONED ITEM OR THIS AUCTION.
Seller agrees to hold DOTmed harmless against any and all claims, judgments, decrees against DOTmed and damages, costs and expenses, including, attorneys' fees or any other loss incurred by DOTmed relating to or arising out of the sale or auction of the Auctioned Item by Seller.
Seller further agrees that, without limitation to the foregoing, DOTmed's total liability to Seller arising from any cause whatsoever shall be limited to the commission paid to DOTmed on the auction at issue.
Seller hereby acknowledges that in the event Seller fails to convey clear title and/or free possession of the Auctioned Item to the Successful Bidder as notified by DOTmed, Seller will be permanently precluded from listing or bidding for auction through DOTmed, and will be subject to legal action and such conduct may be published on
this Site.
Seller understands that this Notice of Auction is subject to acceptance by DOTmed.
Seller hereby acknowledges that the timing for auction of the Auctioned Item is as stated above. Seller agrees that in the event DOTmed does not conduct the auction by the designated date, Seller may withdraw from the auction and DOTmed shall have no further liability or obligation thereafter to Seller whatsoever.
Last Updated July, 2024
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