Phone: 949-650-3030
e-mail: admin@SoluMed.com
 
 
 
 
 
 

General Terms and Conditions of Use

All terms outlined in this General Section for Terms and Conditions of Use apply to all SoluMed.com's services. Terms that apply to specific services appear below and serve as additions to this General Section for Terms and Conditions of Use. SoluMed.com reserves the right to make changes to these terms and conditions as it deems necessary by updating this area.

SoluMed.com, a service of SoluMed Sales Inc. ("the Company") operates as an independent agent acting strictly as an advertising forum for buyers and sellers to make direct contact with each other to conduct business. All transactions are between buyer and seller solely, and the Company does not get involved in any transactions and will not mediate any disputes. It is the responsibility of the buyer and seller to investigate and comply with all legal requirements such as taxes, tariffs, duties, and import and export restrictions regarding their transactions.

The Company will display fees for its advertising services in the registration area of the web site for Medical EquipNet™. The Company reserves the right to make changes to its fee schedule at any time.

The Company disclaims any warranties or conditions expressed or implied, including, without limitation, implied warranties or conditions of merchantability, or fitness for a particular purpose regarding items listed on this advertising service. The Company cannot guarantee the integrity of the sellers or buyers submitting to its service, the condition, availability, legality or safety of the listings, or furthermore guarantee a seller or buyer's ability to consummate any sale. Therefore, the Company assumes no responsibility.

Under no circumstances will the Company be held liable for any direct, incidental, consequential, indirect or punitive damages arising out of the use of this service, the inability to use this service, the products lists, sold or purchased through the service, or the user's failure to comply with the terms and conditions of this agreement. As a user you agree to defend, indemnify and hold harmless the Company against and to pay all claims, losses, costs, liabilities, damages, or expenses whatsoever which the Company may sustain or incur as a result of your direct use or indirect use of the Company's services. The Company's maximum liability shall be limited to the amount paid by the user to the Company in the current year.

The Company is the sole authority as to the use of its service and therefore has the right to monitor all communication and information postings to its services and delete any type of communication or information in violation of the Company's guidelines and policies.

All users must be of legal age with the ability to enter into binding contracts. It is a violation of the law to make listings under a false name. Please be aware that even if you do not give your real name, your web browser transmits a unique address to the Company, which can be used by law enforcement officials to identify you.

The content, logos, images, graphics, trademarks, and software of the Company are the intellectual property of SoluMed Sales Inc. or its licensors. Users are prohibited from copying, using or redistributing such intellectual property for purposes other than use of the Company's services.

This agreement is effective from your first use of the Company's service and will continue in force until terminated by either party upon notice to the other party. The Company reserves the right to cancel any account, at any time, without notice, for any reason the Company considers appropriate. Cancellation reasons include but are not limited to posting of adult content or abusive conduct on the system and/or the internet and it's resources as a whole. Written notice of cancellation by the user must be made at least 7 days prior to the beginning of the next billable period for any subscription service, banner advertisement or web site promotional link.

Any controversies or claims relating to any aspect of this Agreement, or to its breach, shall be settled by arbitration under the rules of the American Arbitration Association. Arbitration shall take place in Orange County, California. The parties agree to abide by the arbitrator's decision and also agree that a judgment may be entered upon his or her award in any court having jurisdiction. The laws of the State of California shall control as to all matters arising under this Agreement. If any provision of this Agreement is held contrary to law, the remaining provisions shall remain valid.

This Agreement contains the parties' entire understanding and supersedes any and all prior understandings and agreements, whether written or oral.

Medical EquipNet™ iBuy and iSell
Specific Terms and Conditions of Use

In addition to the above General Terms and Conditions of Use there are specific terms for use of Medical EquipNet™ iBuy and iSell.

The subscription membership option is for Sellers posting For Sale items and based on upfront fixed monthly advertising fees. The transaction membership option is available for Sellers posting For Sale items and Buyers posting Wanted items and based on a percentage of the net sales price (exclusive of shipping, insurance, tariffs, duties, or any other applicable taxes) following the notice of the sales transaction. Any transaction that is completed based on the introduction provided by Medical EquipNet™ iBuy or iSell postings whether online or offline is subject to the applicable subscription or transaction advertising fee. Any attempt to circumvent these fees will result in exclusion from future use of the Company's services. Furthermore, the Seller will be responsible for all collection fees in addition to the subscription or transaction advertising fee.

The transaction advertising fee will be billed upon electronic transmission of the Buyer's intent to purchase. In the case of payments made by credit card or debit card the Company will bill the Buyer's credit card or debit card the Transaction Advertising Fee which is a percentage of the total payment due to the Seller and subtracted from the Net Sales Price due to the Seller. In the case of payments made by U.S. Bank Check, U.S. Money Order, Wire Transfer, or the use of Escrow Accounts, the Buyer will pay the Company the applicable transaction fee out of the sales proceeds due to the Seller prior to the Company's disclosure of the identities of the Seller and Buyer to one another and the Buyer's inspection of the equipment. Upon clearance of these payments the Seller and Buyer contact information will be released and the Buyer will submit the remaining payment to the Seller (Net Sales Price minus the Transaction Advertising Fee plus 100% of all applicable taxes, tariffs and duties).

Except in the case of the subscription membership option for Sellers posting For Sale items, all negotiations of purchase terms for Medical EquipNet™ iBuy and iSell are conducted online anonymously via electronic messaging administrative software until completion of the online transaction. Users are prohibited from providing their contact information such as organization name, contact name, phone, fax, e-mail, web site address, city, or state. This information will be deleted from all online communications.

It is the responsibility of the buyer and seller to determine and finalize crating, shipping, and insurance arrangements and payment terms in addition to taxes, tariffs, duties, and import and export restrictions for all listings following the acceptance of the offer. Such costs are in addition to and not included in the Net Sales Price or the transaction advertising fee.

All prices and payments must be made in U.S. Dollars.

Any requests for returns should be made directly to the Seller and subject to the Seller's return policies. Buyer has the right to make one inspection of the equipment at the Buyer's expense. The Buyer is responsible to arrange and complete the inspection with the Seller within 10 business days following the disclosure of the Buyer and Seller's contact information by the Company. The Company and the Seller must be notified in writing within 5 business days following onsite inspection of the equipment that the product has been rejected due to equipment malfunction. The Buyer must provide an inspection report documenting the reason for rejection of the equipment in order to receive any credit due for transaction fees charged by the Company. In the case of a order cancelled due to equipment malfunction following onsite inspection within the designated timeframe above the Seller and the Buyer will each be invoiced one percent (1%) of the Net Sales Price for order processing and cancellation fees. In the case of an order cancelled by the Buyer not due to equipment malfunction following onsite inspection within the designated above or within 15 days following payment to SoluMed.com, the Buyer will be invoiced three percent (3%) of the Net Sales Price for order processing and cancellation fees. After 15 business days following payment to SoluMed.com regardless of whether there was an onsite inspection or not there will be no refund by the Company.

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