Goodman Industrial Surplus is a family-owned, Texas based business liquidation firm specializing in industrial and medical equipment. Our team of liquidation experts has over 30 years of combined experience, and our 100% positive feedback rating speaks for itself. If you have any questions or concerns related to one of our items, please do not hesitate to reach out to us directly.
Please note: By bidding on or purchasing this item, you agree to the following terms of sale.
1. TERMS OF PURCHASE AND SALE; ACCEPTANCE. These Terms and Conditions of Sale (“Agreement” or “Terms”) shall apply to all sales made by Goodman Industrial Surplus (“Seller”) of any product or service (together “Order(s)”) to the customer (“Buyer”). By placing an Order with Seller, Buyer expressly agrees to be bound by the terms and conditions stated in this Agreement to the exclusion of all other prior understandings, terms, conditions, warranties, communications, or representations by Seller.
2. LIMITATION OF LIABILITY. In no event shall seller, its officers, agents, and/or employees, be liable to buyer or to any third-party for any special, indirect, exemplary, punitive, incidental, or consequential damages including without limitation loss of profits, loss of use, cost of capital, cost of substitution, downtime costs or delays, or any penalties, whether any such claim is based on contract, warranty, tort, negligence, strict liability, or otherwise, regardless of whether seller had notice of such potential claims, and to the maximum extent allowed by law. Seller’s liability for any such claims or for any loss or damage arising out of or connected with this agreement or the performance or breach thereof, or from any design, sale, service, installation, operation, or use of the products/services, shall in no event exceed the purchase price paid to seller by buyer for the specific product or service. Seller shall not be responsible for any loss or damage resulting from faulty or incomplete information provided by buyer.
3. INDEMNIFICATION. Buyer agrees to indemnify, defend, and hold harmless Seller, its parent, subsidiaries, affiliates, and divisions, and their respective officers, directors, shareholders, and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and court costs) to the extent arising from or related to (i) Buyer’s breach of any term of this Agreement, (ii) the negligence or willful misconduct of Buyer, its agents, employees, representatives, customers, or contractors, or (iii) the violation of any regulation or law by Buyer, its agents, employees, representatives, customers, or contractors.
4. AUTHORIZED USE OF PRODUCTS. Products sold by Seller are intended solely for the use(s) specified by the manufacturer and are not to be used for any other purposes including, without limitation, unauthorized commercial purposes. The products sold by Seller are not intended for home or personal use. Buyer warrants and represents that it will properly repair, test, calibrate, use, qualify, and/or validate each product as necessary for intended use, and, to the extent authorized, remanufacture, recondition, and remarket any final articles made from the products in accordance with the practices of a reasonable person who is an expert in the field, and in strict compliance with all applicable national, state, and local laws and regulations. Buyer is solely responsible for conducting any research necessary to learn the hazards involved for any of its intended uses of the products purchased from Seller and to properly warn its customers, employees, and other personnel who may be exposed to such products of any risks involved in using or handling the products. Seller specifically reserves the right, in its sole discretion, to suspend or cancel any Order or shipment that it believes to be in violation of this Section.
5. MEDICAL DEVICES. Buyer acknowledges that some products sold by Seller are medical devices regulated by the Food and Drug Administration (“FDA”). Buyer warrants they are either a licensed healthcare provider, remanufacturer, reconditioner, broker, remarketer, service provider reseller, harvester, or other party authorized to purchase, resell, or use such medical devices. Buyer acknowledges that Seller is not a medical provider and does not prescribe or make any recommendations concerning the use or suitability of any medical device. Buyer further acknowledges that Seller is not in the business of servicing, reconditioning, rebuilding, relabeling, repairing, refurbishing, manufacturing, or remanufacturing medical devices and parts, and that Seller has not performed an independent investigation into whether the products sold under this Agreement are subject to any recall notice and makes no representations to Buyer concerning any such recall. Buyer is presumed to have performed its own investigation into the status of any recall notice prior to purchase, including a review of the FDA’s recall database. Buyer further agrees to comply with all state, federal, and foreign government laws and regulations governing the provision of medical devices.
6. EBAY FDA DISCLAIMER. The sale of this item may be subject to regulation by the U.S. Food and Drug Administration and state and local regulatory agencies. If so, do not bid on this item unless you are an authorized purchaser. If the item is subject to FDA regulation, I will verify your status as an authorized purchaser of this item before shipping of the item.
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