BCI Capnocheck Plus Capnograph - 008389

TERMS OF PARTICPATION Applies to all reLink Medical Auctions Using the Proxibid Platform Effective Date: March-08-2019 Introduction. ALL RELINK MEDICAL AUCTIONS AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS OF PARTICIPATION. YOUR PARTICIPATION IN ANY AUCTION WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF PARTICIPATION, YOU SHOULD NOT REGISTER, LOGIN, BID, OR IN ANY WAY PARTICIPATE IN ANY AUCTION FROM RELINK MEDICAL. The following terms and conditions of participation (hereafter “Agreement”) represent your agreement as a bidder, buyer, or participant in any manner (hereafter “Buyer”) related to any products or services offered for sale (hereafter “Equipment”) by reLink Medical, LLC (hereafter “reLink”) through any auction event hosted by reLink on Proxibid (hereafter an “Auction”). reLink may revise this Agreement at any time, and by Buyer’s continued participation in any Auction, Buyer agrees to be bound by future revisions which will be available on the Proxibid site for each Auction reLink hosts on Proxibid. Use of Proxibid and reLink Content. reLink sells medical equipment and uses Proxibid’s online auction platform and services to facilitate certain sales made via an online auction style channel. By participating in a reLink Medical auction through a Proxibid login Buyer agrees to be bound by the additional terms, conditions and disclosures made by Proxibid at https://www.proxibid.com/asp/UnifiedUserAgreement.asp and https://www.proxibid.com/asp/PrivacyPolicy.asp. Unless otherwise specified, all content accessed through the reLink web site or Proxibid that is provided by reLink, including but not limited to Equipment information, text, images, audio, and video, and any reLink trademarks, service marks, or logos are owned and copyrighted by reLink and may not be distributed, modified, reproduced, or used, in whole or in part, without prior written consent of reLink, as applicable. Buyer may not use automated systems (e.g., robots, spiders, etc.) to access an Auction. Buyer agrees not to collect personally identifiable information of other bidders or buyers in an action or to sell or otherwise exploit any information Buyer gathered, received or collected from participation a reLink Auction. Purchase And Payment For Equipment. All bids on Equipment made buy a Buyer represent a legally binding offer to purchase the Equipment at that bid amount. If a bid is accepted by reLink (hereafter a “Winning Bid”) Buyer is responsible and liable to pay for the Equipment according the terms and timeframe identified below. All Winning Bid amounts for Equipment are F.O.B. Origin. Buyer is responsible for all costs associated with packaging, pick up, loading and shipping of Equipment they purchase. All applicable sales, use, transfer or exercise taxes arising from the sale of Equipment will be charged to Buyer and will be added to the purchase price in accordance with local, state and/or federal laws, and Buyer will also bear the cost of any personal property taxes assessable on the Equipment after delivery to a carrier. To avoid being charged sales taxes, Buyer must send appropriate notice and documentation of tax exempt status to auctionsupport@relinkmedical.com no later than twelve (12) hours after the end of any Auction. Upon acceptance of a Winning Bid and closing of a lot or Auction reLink will automatically charge the credit card Buyer has on file with Proxibid for the amount of any Winning Bid plus all applicable taxes as described above within 48 hours. When using this credit card or any other credit card or payment processing service including, but not limited to PayPal, reLink will add a processing fee equal to three percent (4%) of the total amount of the charge. If all or part of any amount owed by a Buyer cannot be charged to the credit card on file with Proxibid, reLink will notify Buyer in order to make alternative payment arrangements for amounts still owed. Alternative payment must be made within 72 hours after the close of any Auction. If alternative payments are not made within 72 hours of the close of any Auction then reLink, at its sole discretion can pursue collecting the amount owed from Buyer and otherwise resell or dispose of the Equipment. Equipment Pickup And Shipping. Equipment from Winning Bids can be picked up beginning the first business day after any Auction closes. In all cases Equipment from Winning Bids must be picked up no later than fourteen (14) days after the close of any Auction. Any Equipment not picked up within that timeframe may, at reLink’s sole discretion, be considered forfeited by Buyer and resold or disposed of by reLink however reLink sees fit. Unless noted on an Equipment listing, all pickups will take place at 1755 Enterprise Parkway. Suite 400 Twinsburg, Ohio 44087 Buyer is responsible for all costs associated with packing, pickup, loading, and shipping of Equipment from their Winning Bids. Buyer is also responsible for arranging for packaging, pickup and shipping of their Equipment during Monday – Friday between the hours of 9:00 AM – 4:00 PM Eastern Time, excluding holidays. To schedule a specific pickup or dock time Buyer may contact reLink at auctionsupport@relinkmedical.com or 216.762.0599. Equipment will not be released to a Buyer or Buyer’s representative unless invoice has been paid in full. Buyer must notify reLink if he/she is not picking up in person and must provide reLink with representatives Full Name or Company Name. Buyer or Buyer’s representative must present invoice and proper identification for equipment to be released. Once Equipment is turned over to Buyer or Buyer’s representative Buyer is responsible for all insurance of, and loss, or damage to Equipment. reLink makes no warranty and takes no responsibility or liability for Equipment lost or damaged from the time Buyer or Buyer’s representative is given access to the equipment. Buyers may pickup equipment themselves, use their own carriers or use our packing/shipping service below - reLink Medical also offers optional packaging and shipping coordination services at the following rates. These services will be invoiced separately and must be paid for in advance prior to the service being provided. Applicable sales taxes will be added to the cost of these services in accordance with local, state and/or federal laws. - $175 for each standard pallet - $25 for each small package - Shipping quoted based on weights and dimensions of order Email auctionsupport@relinkmedical.com your bidder number and lots won to and we will provide a packing and shipping quote. Buyer bears all freight, handling and processing costs and Buyer owns goods in transit regardless of whether Buyer asked reLink to provide packing or shipping services or not. reLink is not liable for any loss, damage, expense or charge of any kind resulting from delay in shipment or delivery. Delivery to Buyer shall be deemed complete and risk of loss or damage for products shall pass to Buyer upon transfer of goods to Buyer, Buyer’s designated representative, or any private or a common carrier regardless of whether Buyer asked reLink to provide packing or shipping coordination services. Export, Import And Other Regulations. Buyer assumes all responsibility for compliance with all laws and regulations of the United States and any other country from which Buyer may access an Auction or purchase or ship Equipment to or from regarding Buyer’s access, use, export, re-export and/or import of any content or Equipment accessed or purchased through an Auction. Buyer acknowledges and agrees that Buyer will not export or import any Auction content or Equipment to any country to which export or import is restricted under United States law, that Buyer is not a national of any such country, and that the Auction content and Equipment Buyer purchases will not be used in the design, development or production of nuclear, chemical or biological weapons. Equipment Representations And Disclaimers. reLink represents it has the right and ability to sell, transfer, grant title to, deliver and convey the Equipment sold to a Buyer; and reLink further represents that the title to the Equipment conveyed is good, and that such Equipment is delivered and sold free and clear of all liens, security interests, claims, pledges, licenses, options, conditional sales agreements, assessments, levies, covenants, restrictions, charges or encumbrances. All Equipment sold by reLink is sold “AS IS, WHERE IS,” irrespective of condition, wear, or damage, and “AS AVAILABLE,” with all faults, defects, and with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, use, quiet enjoyment, quality, quality of information, capacity, design, workmanship, and title/noninfringement. Buyer will treat any information provided by reLink regarding the condition, usage, working order, or any other details of any Equipment, whether communicated through the Proxibid platform on a listing for the Equipment or by any other means as purely an opinion offered by reLink, and Buyer acknowledges reLink offers no guarantees and will incur no liability for any inaccuracies in that information. Buyer is highly encouraged to inspect or ascertain the condition or details of any Equipment they choose to bid on either by visiting reLink during the published inspection times for any Auction, or by arranging for a virtual remote inspection by contacting reLink at auctionsupport@relinkmedical.com or 216.762.0599. Unless specifically and clearly identified by reLink in an Equipment listing on the Proxibid web site, Buyer acknowledge that reLink makes no guarantee, statement, claim, representation or warranty that Equipment will be delivered with any parts, accessories, safety devices, software, manuals, documentation or any other items (collectively the “Materials”) needed to use the Equipment. Buyer further acknowledges reLink makes no statement or assertion that Equipment will comply with any applicable laws or regulations. It is Buyer’s responsibility to obtain any necessary Materials and operating documentation directly from the manufacturer of Equipment. reLink shall have no responsibility or liability in the event Buyer is unable to obtain Materials and any necessary operating documentation directly from the equipment manufacturer or if obtaining the Materials requires Buyer to incur additional costs. reLink also makes no guarantee that the Materials and any necessary operating documentation will be available from the manufacturer of the Equipment. It is solely Buyer’s responsibility to provide proper safety devices, accessories, items and equipment or the means necessary or required for purchased Equipment to meet all government safety standards or any other laws, including, but not limited to, any environmental protection or other public protection laws or regulations. Buyer acknowledges and agree that certain Equipment may be subject to governmental restrictions on its use, and it is solely Buyer’s responsibility to ascertain and comply with any such restrictions. In this regard, Buyer asserts it is legally able to purchase and/or use the subject Equipment, and Buyer is solely responsible for obtaining adequate personal injury insurance coverage. Certain Equipment may be accompanied by or may contain software embedded within the Equipment, and such software may be subject to copyright or other intellectual property right protections. Such software may be subject to and/or require a license agreement with the software manufacturer, and such license agreement may place restrictions on the sale and/or use of the software. Buyer is responsible for evaluating and ensuring that Buyer has the appropriate license(s) and agreement(s) to use any software included with the Equipment Buyer purchases. reLink may, at its sole discretion and for any reason, refuse to accept any bid made during an Auction, choose to remove any Equipment from any Auction at any time prior to the completion of the Auction even if bidding has taken place on that Equipment, or cancel or terminate any Auction that has been announced or is underway. Warranty Disclaimer. “EQUIPMENT” (AS SUCH TERM IS DEFINED IN THIS AGREEMENT) AND ANY OTHER SERVICES, DATA, MATERIALS AND CONTENT (ACCOMPANYING AND/ OR EMBEDDED WITHIN EQUIPMENT) IS PROVIDED “AS IS,” IRRESPECTIVE OF CONDITION, WEAR, DAMAGE, AND “AS AVAILABLE,” WITH ALL FAULTS, DEFECTS, AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED BY RELINK, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, QUIET ENJOYMENT, QUALITY, QUALITY OF INFORMATION, CAPACITY, DESIGN, WORKMANSHIP AND TITLE/NONINFRINGEMENT. BUYER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ANY AND ALL USE OF EQUIPMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RELINK OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY, EQUIPMENT ENDORSEMENTS OR MEDICAL ADVICE, OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY OR THE OBLIGATIONS OF RELINK. THE AVAILABILITY OF EQUIPMENT FOR PURCHASE FROM RELINK IN NO WAY CONSTITUTES AN ENDORSEMENT OF SUCH BY RELINK, NOR ANY REPRESENTATION OR WARRANTY AS TO THE SAFETY, EFFICACY OR APPROPRIATENESS OF ANY EQUIPMENT. RELINK PROVIDES NO PROFESSIONAL OR MEDICAL ADVICE AS TO ANY EQUIPMENT OR USE OF EQUIPMENT. BUYER EXPRESSLY AGREES AND ACKNOWLEDGES THAT PURCHASE, USE OF AND RECEIPT OF EQUIPMENT IS AT BUYER’S SOLE RISK. Content from Buyer. Any communications, content, video, or other material of any kind that Buyer emails, posts, uploads, stores, transmits or communicates to reLink through Proxibid or otherwise, including bids, questions, comments, suggestions, and other data and information (“Buyer Content”) will be treated as non-confidential and non-proprietary. Buyer grants reLink a non-exclusive, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, create derivative works of, perform, and otherwise use Buyer Content for business purposes including, but not limited to the development and use of products and services based on the Buyer Content. Buyer Indemnity. Buyer will, at Buyer’s own expense, indemnify, defend, and hold reLink and its subsidiaries, affiliates, officers, employees, agents, co-branders, suppliers, or associates harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees and expert costs), arising out of Buyer’s participation in an Auction, Buyers purchase or use of any Equipment, or related to a third-party claim, action or allegation that is (a) related in any way to a transaction or dispute between Buyer and any party, including reLink or any counterparty to a sale transacted in an Auction, (b) based on or caused by unauthorized access to an Auction through Buyer’s user id, (c) based on Buyer actual or alleged breach of these Terms of Participation by Buyer, (d) based on Buyer’s violation of any applicable law or regulation of any jurisdiction, or (e) arising out of Buyer Content. Buyer may not enter into a settlement or stipulated judgment of the foregoing without reLink’s prior written consent. Limitation of Liability. In the event that any Equipment from a Winning Bid is not available for pickup or delivery to Buyer for any reason, reLink’s liability shall be limited to a credit or refund of any monies Buyer may have paid for such Equipment that is not deliverable. Notwithstanding anything to the contrary herein, reLink shall not be liable for any delay in delivery or for non-delivery of Equipment in whole or in part caused by the occurrence of any contingency beyond reLink’s control including, but not limited to, war, sabotage, acts of civil disobedience, failure or delay in transportation, act of any government or agency for subdivision thereof, judicial action, labor dispute, fire, accident, explosion, quarantine, restrictions, storms, flood, earthquake, or acts of God, shortage of labor, fuel, raw materials, or machinery or technical failure where reLink has exercised ordinary care in the prevention thereof. If any contingency occurs, allocation of Equipment and delivery thereof will be at reLink’s discretion. RELINK AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE AUCTION, THE USE OF PROXIBID, THE “EQUIPMENT” (AS SUCH TERM IS DEFINED HEREIN) OR USE THEREOF, CONTENT OR INFORMATION CONTAINED WITHIN THE AUCTION SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER’S SOLE REMEDY FOR DISSATISFACTION WITH THE AUCTION, AUCTION- RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THOSE SITES AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO BUYER. Entire Agreement. These Terms of Participation constitute the entire agreement between Buyer and reLink pertaining to the subject matter hereof.