KMA Remarketing Corporation

Auction Terms and Conditions

The Buyer as defined below (Buyer) intends to utilize the KMA Remarketing Corporation (KMA) Auction Website for the sole purpose of purchasing the items advertised for sale on this Website.  By establishing an account, accessing the Website, and/or utilizing the Website in any fashion Buyer agrees to the Terms and Conditions below:

Terminology

1. Unless specified or inconsistent with the context the following definitions will apply to words and expressions: “KMA” refers to KMA Remarketing Corporation, whose primary place of business is 222 South Jared Street, DuBois, PA  15801.  KMA nor any of the employees of KMA are auctioneers. 
2. “Buyer” will refer to any person, company, entity, or organization of any nature accessing and/ or using the website whether as an agent or principle. 

Registration / Membership

3. All Buyers who register on this site must be at least 18 years of age.
4. Buyers with addresses outside of the United States of America are required to e-mail scanned photo identification to auction@kmaremarketing.com.
5. In order to place a bid Buyers must complete the online registration form. Failure to complete the form in its entirety or providing false, inaccurate, unverifiable or misleading information will result in suspension or removal of membership.
6. All addresses that utilize a PO Box are required to provide a street address in order to complete the registration process. 
7. Usernames are not considered confidential and may be seen by other Buyers.  Any user names or passwords that are considered profane or offensive by KMA will be removed or suspended until revised.
8. It is the Buyer’s responsibility to keep all usernames and passwords confidential and secure.  If at any time a Buyer believes their username and/or password has been compromised or stolen they need to immediately notify KMA so the account can be closed and the Buyer can re-register with a new username and password. 
9. Once a Buyer is logged on using an established username and password, whether authorized or unauthorized, Buyer takes full responsibility for the ensuing transactions once access to the site is obtained.
10. Placing a bid by Buyer is considered a commitment to purchase and binding on Buyer, its principal, agents, successors and assigns upon acceptance of such bid by KMA.   
11. It is illegal to submit bids under false names.  KMA may pursue all legal means available to them against any Buyer that provides false information in violation of the law.
12. Buyers are responsible for periodic review and update of the information provided during the registration process.
13. KMA will primarily utilize the e-mail address provided for successful bid notification and for various other communications.  Failure to receive e-mails for any reason does not negate the Buyer from their responsibilities.  When a Buyer provides an e-mail address they are giving KMA permission to utilize that address for communications related to the auction and various other advertising messages. 
14. KMA will not sell or provide contact information to any outside entity.
15. Signatures sent via facsimile (fax) or electronically scanned signatures, shall be deemed originals and shall carry the same force and effect as if they were the original.

Purchase for Export

16. Buyer will comply with all applicable Federal, State and Local laws governing the exportation of Medical Equipment and any other item purchased via this website.
17. Buyer is solely responsible for all export fees, duties, tariffs and taxes.  Furthermore, all export fees will be paid by the Buyer directly to the appropriate party and will not be included in any bid made via this website.  KMA is in no way liable for any export fees, duties, tariffs, or taxes associated with any item purchased via this website. 
18. Buyer is solely responsible for acquiring, maintaining and providing any and all export paperwork and/or licenses required by the applicable governing agencies. KMA is in no way liable for any failure to produce appropriate documentation or any subsequent costs associated with delays or failures in shipment.
19. Buyer is responsible for purchasing items sold via this website in accordance with the US Export Administration Regulations (EAR) and the Foreign Corrupt Practices Acts.
20. Buyer will not directly or indirectly sell any item purchased on this website to, or receive payments or remittances for any item from, any person or entity that is an OFAC-sanctioned country, government, national, or resident or any person or entity that is listed, or that owns a controlling interest in, or is otherwise controlled by a person or entity that is listed, on the OFAC List.
21. On occasion the purchase of a specific item may be restricted to use within the USA or restricted for export only.  Buyer is responsible for reading any and all restrictions as identified in the item description section and placing their bid accordingly.  Failure to recognize these restrictions will not void the bid or the Buyer’s financial responsibility should they be awarded the item.

Auction Guidelines

22. All items are sold As-Is, Where-Is with NO warranty expressed or implied.  KMA makes no statement or guarantee as to the merchantability or fitness for any particular use.  Items are being sold as Used with any and all faults, errors, and flaws both functionally and cosmetically. All sales are final. There are no returns or exchanges permitted.
23. As per FDA regulations, it is the responsibility of the Buyer to ensure that all equipment is thoroughly inspected and repaired/refurbished by qualified technicians before placing into patient use. Buyer is solely responsible for supplying and complying with all applicable safety laws or regulations.      
24. KMA reserves the right to structure the bidding process in any fashion, including but not limited to minimum bids, bid reserves, designated bid increments, combining or separating items, changing auction times/durations at any time prior to or during the bidding process without prior notice or publication. KMA does not have the right make any of the above changes after the final bid has been accepted.
25. KMA utilizes pictures to provide a general idea of the item and condition. Buyers must utilize the description section of the listing to verify exactly what is being offered in the lot.  Only what is listed in the description will be included in the purchase including but not limited to: accessories, cables, cords, carts, and/or stands. On occasion pictures may be provided for equipment that is currently installed at a facility, therefore; items captured in the pictures that are not specifically listed in the description are excluded from the lot.  
26. On occasion a specific item or accessory may be included or omitted in sales compared to the picture.  Buyer is responsible for reading the description in its entirety including statements related to accessories.
27. All pictures and descriptions provided by KMA are believed to be accurate and true to the best of KMA’s ability.  However, KMA cannot be held liable or responsible for any inaccuracies, misrepresentations, or discrepancies beyond the purchase/bid price for the item.  KMA is not responsible or liable for any loss or damage (direct or indirect, consequential or otherwise) resulting from any inaccuracies provided in pictures or description of the item.
28. All items are made available for inspection prior to and/or during the bidding process.  Some inspections are by appointment only and may be limited by third parties contracted with KMA. Buyer must schedule all previews with KMA and are prohibited from communicating directly with any third parties, associated with the item, for any reason, before during or after the bidding process. All bids should be placed solely on the descriptions and conditions as observed by the Buyers during the inspections.     
29. When placing a bid utilize only whole numbers. Do not enter dollar signs, commas, or decimals.
30. All bids will be in US Dollars.
31. Only the current highest bid will be displayed. KMA is under no obligation to provide any bid history or Buyer information to any Buyer for any reason.
32. KMA reserves the right to refuse any bid for any reason. KMA reserves the right to offer the item to the next highest Buyer without any public notification.
33. Buyers have the right to ask questions about the items for sale via e-mail to auction@kmaremarketing.com.  KMA will do their best to answer questions in a timely manner. Questions asked less than 24 hours prior to the end of the bidding or by any means other than e-mail, may not be answered for various reasons.  KMA reserves the right to answer questions either privately via e-mail to the Buyer or publicly by posting the answer in the description of the item.
34. Buyer agrees to never contact any prior owner of any item sold on this Website for any reason.  Due to the nature of medical equipment, prior owners can be located utilizing serial number databases and from various possible identifications within the software or on the outside of the unit.  Should a Buyer gain knowledge of a prior owner (other than KMA), they are strictly forbidden from contacting that prior owner for any reason.  Should KMA be notified that a Buyer has contacted a prior owner, that Buyer will be banned from all future purchases. 

Award Notification           

35. Buyers will be notified via e-mail of the items they were awarded.  No notice will be provided via any other means. 
36. Buyers are responsible for tracking and verification of their transactions. 
37. Undeliverable e-mails do not void a buyer’s financial and contractual obligations.

Payment

38. Once a Buyer is notified of the items awarded to them, they have 3 business days to provide payment in full.  Failure to produce payment in the designated time period will automatically result in the item remaining the property of KMA, without any notification to Buyer, and may result in the Buyer being banned from placing future bids.
39. All payments must be in US Dollars.
40. Payment can be made via Cash, Cashier’s Check, Certified Funds, Wire Transfer, or Credit Card.
41. Credit card payments require a signed credit card authorization form returned to KMA via fax or scanned and e-mailed. Credit card payments will not be processed from information provided verbally, typed e-mail or any other method without the actual card holder’s signature. Credit card payments will only be accepted when the shipping address matches the billing address on the credit card.

Taxes

42. Buyer is solely responsible for paying all applicable sales, use, transfer or excise taxes arising from the purchase of items via this website and will automatically be added to the invoice in accordance with all local and/or state laws. 
43. KMA is structured to collect taxes in various states.  Please contact KMA prior to the start of the bidding process to determine if KMA is responsible for collecting tax in a specific state.
44. Tax exempt Buyers are required to provide current tax exempt certificates.  Tax exempt certificates must match the exact Buyer company name and State the items are being shipped to.  Failure to provide Tax exempt certificates at least three (3) days prior to the start of the bidding process may result in the Buyer being responsible for paying taxes that appear on the KMA invoice provided at the end of the bidding process.  Requests for invoice revisions after the end of the bidding process will not be honored. 

Transfer of Ownership

45. Transfer of ownership will occur once the item is paid in full. 
46. The Buyer is responsible for making arrangements for insurance on items upon bid award notification.
47. Should KMA be unable to produce an item awarded to a Buyer, at any time, for any reason whatsoever, KMA’s sole liability shall be for the amount paid by the Buyer to KMA for the item as shown on the KMA invoice.   Buyer shall have no further claim including but not limited to direct, indirect, or consequential damages or loss of revenue of any kind. 

Shipping and Handling

48. Buyers accept the sole responsibility of de-installation, packaging, loading, and removal of all items purchased.
49. Buyer is solely responsible for all Shipping and Handling charges. Shipping and Handling charges are in no way included, in part or in full, as part of the bid amount.
50. Buyer must make arrangements to ship all items awarded to Buyer within two (2) weeks of the end of the bidding process. Any item not shipped within the designated time period will be considered abandoned and will become the property of KMA.  The purchase price for abandoned items will not be refunded and the Buyer may be responsible for additional charges related to the proper disposal of abandoned items.  Failure to make shipping arrangements within the designated time frame may result in being banned from future auctions.   
51. No item will ship prior to being paid in full.
52. No item will be shipped prior to the close of the bidding process or as designated by the individual auction.
53. KMA can provide Shipping and Handling quotes on a case by case basis.  Should a Buyer elect to utilize KMA’s Shipping and Handling services, KMA is not responsible in any way for any damage that may occur in transit.  Pictures of the packaging process and final product are available upon request.  Buyer has the right to review the pictures prior to the release of the product for shipping.  Failure to request packing pictures prior to shipment will result in automatic approval for KMA to release and ship the products, possibly, utilizing a third party company.
54. KMA will not honor requests to ship items on Buyers UPS or Fed-ex accounts.  Buyer may provide call tags/labels to KMA for shipping. If Buyer elects to provide call tags /labels to KMA, KMA reserves the right to charge a minimum handling fee of $15 per box.
55. For larger items, Buyer has the right to arrange for a third party trucking company to pick-up the items.  KMA reserves the right to charge a minimum handling fee of $50.00 per pallet.  Buyers are required to e-mail a Bill of Lading (BOL) with documentation of the paid KMA Invoice at least 24 hours prior to the arrival of the third party trucking company.
56. All Shipping and Handling Charges will be billed in addition to the purchase price of the item. All Shipping and Handling Charges must be paid in full prior to release of the shipment and fall under the same terms and conditions as outlined above for the payment of items.

Cyber Platform

57. Buyer acknowledges that due to the nature of the Internet, KMA cannot guarantee access to the Website and that KMA has no control over possible interruption in the internet.  Buyers are responsible for notifying KMA, by any means available, of disruptions to the site especially during active bidding and closing times.  KMA will do everything possible to restore service and reserves the right to suspend bidding until service can be restored.
58. Buyer acknowledges that internet transmissions are never completely private or secure and there is always a risk, therefore; any message or information Buyers send to KMA from this website may be intercepted and potentially read by others. KMA has no liability in respect of any transmissions sent by Buyers and transmissions are sent at the sole risk of the Buyer.
59. The Buyer is responsible for adding the KMA Remarketing domain (kmaremarketing.com and auction@kmaremarketing.com) as an allowed sender thru your spam filtering software. 

Health Insurance Portability and Accountability Act (HIPAA)

60. Buyer agrees to comply with all confidentiality concerns and HIPAA regulations, including but not limited to the removal of all confidential hospital identification and patient data prior to utilizing or reselling the items.

Hold Harmless

61.  Buyer agrees to indemnify and hold KMA free and harmless from any injuries, obligations, costs, claims, judgments, attorneys’ fees, and attachments arising out of or resulting from:

A)any breach of any provision of these Terms and Conditions.

B)any failure to pay Sales, Income or Employment taxes, Social Security, Workers’ Compensation, Disability or Unemployment taxes, or employee benefits of any kind.

C)damages, claims, and losses arising out of failure to conduct a criminal background check on Employees or Subcontractors who perform services under these Terms and Conditions.

D)any acts or omissions by Buyer, Buyer’s Employees, or Subcontractors of gross negligence, willful misconduct, fraud, misrepresentation, violation of statute, or ordinance or other improper act or omission.

E)any incorrect documentation submitted by Buyer to KMA which contains false, inaccurate or misleading information, or inappropriate signatures.

F)any inaccurate information provided by Buyer to KMA which causes KMA to submit false, incorrect, or inaccurate information to third parties.

G)all ownership and/or future ownership or use of the items purchased or any component part for patient treatment or care, or any other use of any of the equipment at any time from and after the date of purchase.

H)any and all strikes, industrial disputes, civil disruptions, war, terrorism, naturel disasters, Acts of God, and or any other event or occurrence in or beyond KMA’s control.

Dispute

62.  Buyer agrees that any controversy arising out of these Terms and Conditions that cannot be settled, in good faith by both parties, shall be settled by arbitration in accordance with the rules of the American Arbitration Association.  Judgment upon the award rendered in any arbitration may be entered in any court of competent jurisdiction. 
63. Buyer agrees these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania.  Actions relating to these Terms and Conditions or any parties performance or non-performance under these Terms and Conditions shall be instituted in and both parties consent to jurisdiction and venue in, Clearfield County, Pennsylvania.
64. Buyer specifically releases KMA from any and all responsibility, damages, claims, fines, penalties, judgments, actions, lawsuits, and/or liability of every kind and nature, including without limitation payment of KMA’s attorney’s fees and costs, in connection with or as a result of any breach of Buyer’s obligations, duties or responsibilities described in these Terms and Conditions or for violation of any provision of these Terms and Conditions. In the event KMA must enforce these Terms and Conditions against Buyer in a court of law, in addition to all other available remedies, Buyer will be responsible for KMA’s attorney’s fees and costs.

Changes to these Terms and Conditions

65. KMA has the sole authority to make any changes to these Terms and Conditions. Buyer has no authority to make any changes to these Terms and Conditions. 
66. No amendment or variation of these Terms and Conditions shall be valid unless posted on this Website.
67. Amendment or variations of these Terms and Conditions shall be effective immediately upon being posted on this Website.
68. Buyers are encouraged to review these Terms and Conditions for amendments or changes prior to placing each bid.
69. If any part of these Terms and Conditions is adjudged invalid, illegal or unenforceable, the remaining parts shall not be affected and shall remain in full force and effect.