General Terms
This is a legal agreement between you, the user or buyer, and Ethical Capital Group LLC
You must be at least 18 years old to bid.
Ethical Capital Group LLC (dba Surgical Auctions and/or SurgicalBay) at its sole discretion, may ban from further use any buyer or seller which Ethical Capital Group LLC believes to have in any way misrepresented itself regarding any item selling, failed to abide by the terms, or conducted any improper behavior as determined solely by Ethical Capital Group 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 5 days of each auction close date. Note that the purchase price is the sum of the bid price, buyer’s premium and sales tax if applicable. All payments must be in U.S. Funds. Invoices must be paid in full.
ALL ITEMS on sale sell subject to the Ethical Capital Group LLC’s acceptance, or rejection of the high bid.
Removal and Failure to Remove. All purchases must be removed from the auction site without damaging any property and within the time announced or posted. All costs, responsibility and risk of such removal shall be borne by buyer and, in every case; buyer will use prudence and care in such removal. If for any reason buyers fail to remove any of buyer purchases within the time specified, Ethical Capital Group LLC shall have the right but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase at buyers’ sole risk and expense (storage costs will be charged – per day – per item – other costs additional), without waiving any rights that Ethical Capital Group LLC or seller may have against buyer. Storage charges will be the responsibility of the buyer (after removal period.) If the purchases have not been removed within the period announced, Ethical Capital Group LLC reserves the right to charge the bidders credit card on file for the full invoice amount or any portion of the invoice at Ethical Capital Group LLC’ discretion. Email or call us for recommended pack and ship service providers to expedite your items removal.
Sales Tax: All bidders will be subject to the Florida 6% 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: No bids can be withdrawn during or after the sale for any reason. Returns are accepted in cases where a product is received and shows signs of damage, stains, or otherwise that deems the item worthless.
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 Ethical Capital Group LLC. BUYER also agrees that any oral representation made by Ethical Capital Group 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 is believed correct, but no responsibility is assumed by Ethical Capital Group LLC, or Seller for any errors or omissions.
Ethical Capital Group 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 Ethical Capital Group LLC’s current time are approximate. Ethical Capital Group 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.
Ethical Capital Group LLC’s Right to Terminate Purchase. If for any reason Ethical Capital Group 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 Ethical Capital Group LLC may terminate the purchase/agreement, in which case Ethical Capital Group LLC’s only liability shall be the return of any monies actually paid by buyer.
Regulatory Agencies. Some of the items in this auction may be subject to regulation by the Food & Drug Administration (FDA) and state and local regulatory agencies.
Consent to Suit in Florida. 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 Florida.
The BUYER expressly agrees to indemnify and save Ethical Capital Group 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 Ethical Capital Group 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 Ethical Capital Group LLC for damages caused by or resulting from the Ethical Capital Group 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 Ethical Capital Group 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 always make the Site available, 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.
If 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.
Additional Seller Terms
Whereas, Seller desires to consign certain property described herein to Auctioneer for sale at public auction, and Ethical Capital Group LLC desires to sell such property upon the terms and conditions set forth herein.
Now, Therefore, in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows:
- Consignment: Seller hereby consigns to Ethical Capital Group LLC, and Ethical Capital Group LLC accepts on consignment, the following described property: Various surgical supplies
- Reserve Price: The parties agree to a reserve price of on a case by case basis for the property. The property shall not be sold for less than this amount without the express written consent of the Seller.
- Commission and Fees: Seller agrees to pay Ethical Capital Group LLC a commission of percentage of the gross sale price based on the published rates found on www.surgbay.com. Additional fees for fulfillment, storage, and disposal shall be borne by the Seller.
- Payment: Ethical Capital Group LLC agrees to remit to Seller the net proceeds from the sale of the property, after deduction of all commissions and expenses. Payment will only be made to sellers after Ethical Capital Group LLC has collected payment for sales on completed orders.
- Warranties and Representations: Seller warrants that they have clear title to the property and have the right to consign and sell the property.
- Liability and Insurance: Ethical Capital Group LLC shall not be liable for any damage to or loss of the property while in its custody, except in the case of gross negligence or willful misconduct by the Ethical Capital Group LLC.
- Shipping and Fulfillment Costs: Seller bears costs for inbound shipping to Ethical Capital Group LLC, any transaction fees, and fulfillment fees (only in the case of vendors fulfilling shipments in our program known as ‘Fulfillment by Vendor (FBV)’).
- Disposition of Unsold Items: Ethical Capital Group LLC will attempt to sell inventory for 35 days. After this period, the company will seek to donate and/or dispose of the items if the items are stored at Ethical Capital Group’s facility. The choice is made at Ethical Capital Group LLC’s sole discretion unless otherwise specified by the Seller.
- Termination: This agreement may be terminated immediately by either party upon submitting written notice to the other party via email at [email protected]
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
- Entire Agreement: This Agreement contains the entire understanding between the parties and supersedes any prior understandings and agreements, oral or written, between the parties respecting the within subject matter.