This is a legal agreement between you, the user or buyer, and Probo Medical, LLC
You must be at least 18 years old to bid.
Probo Medical, LLC at its sole discretion, may ban from further use any buyer or seller which Probo Medical, LLC believes to have in any way misrepresented itself with regard to any item selling, failed to abide by the terms, or conducted any improper behavior as determined solely by Probo Medical, LLC. Any seller who misrepresented their items and any buyer who improperly fails to carry through with a purchase may be banned from any further use and may be subject to additional legal actions.
PAYMENT: Invoices will be emailed to successful bidders registered email addresses within 24 hours of each auction close date. The Balance will be due per the terms associated with your accout. Note that the purchase price is the sum of the bid price and sales tax if applicable. All payments must be in U.S. Funds. Invoices must be paid in full.
ALL ITEMS on the sale sell subject to the Probo Medical, LLC’s acceptance or rejection of the high bid.
Sales Tax: All bidders will be subject to the Indiana sales tax unless you provide our office with the documentation we require for exemption. (Unless stated differently in the sale terms) Buyers are also responsible for any additional county or local taxes.
Bidding Terms: All items sell AS IS - WHERE IS WITH ALL FAULTS and with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS - WHERE IS WITH ALL FAULTS basis. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn during or after the sale for any reason.
BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the management of Probo Medical, LLC. BUYER also agrees that any oral representation made by Probo Medical, LLC shall not modify these "AS IS - WHERE IS WITH ALL FAULTS" terms. BUYER understands that any description given in the catalog or written on the equipment is not guaranteed, and BUYER will rely entirely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Probo Medical, LLC, or Seller for any errors or omissions.
Probo Medical, LLC would like Buyers to feel they have been treated fairly and pay a fair price for items based on their condition. Please do not enter a bid at a price that is greater than you are comfortable paying for any individual item based on its condition. There will be no adjustments to the final bid price after bidding has ended.
Posted closing times and displays of Probo Medical, LLC's current time are approximate. Probo Medical, LLC reserves the right to close early or extend closing times at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the Eastern Time Zone or where the sale is located. All internet bids are treated as if they were given at a live auction. All Bidders will be held accountable for their internet bids. Your internet bids are a contract and you are responsible for honoring them.
Probo Medical, LLC's Right to Terminate Purchase. If for any reason Probo Medical, LLC is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that the Probo Medical, LLC may terminate the purchase/agreement, in which case Probo Medical, LLC's only liability shall be the return of any monies actually paid by buyer.
Consent to Suit in Delaware. In the event of legal proceedings arising from this contract or from the sale in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Indiana.
The BUYER expressly agrees to indemnify and save Probo Medical, LLC, Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the Probo Medical, LLC, or anyone acting in his/her behalf in connection with or arising out of the sale, except that the BUYER shall not be responsible to the Probo Medical, LLC for damages caused by or resulting from the Probo Medical, LLC's sole negligence.
Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.
DISCLAIMER OF WARRANTY AND RELEASE
You expressly agree that use of this Web site is at your sole risk. Neither the Probo Medical, LLC, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Provider may make any other changes to this Site at any time without notice.
Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
In the event that you have a dispute with one or more users, you release Provider (and our officers, directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITIES
YOU AGREE THAT PROVIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PROVIDER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PROVIDER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Probo Medical, LLC
9715 Kincaid Drive
Fishers, IN 46037