Ellman - NEW J1 Bipolar Forceps - Packaged/REUSABLE!

If Buyer does not have a medical license, Buyer is responsible for purchasing and operating the Products in accordance with all applicable state and local laws and regulations, including where appropriate, ensuring that the Item(s)/Product(s) are operated under the supervision of a licensed medical practitioner. Buyer represents that its license is that of a licensed medical practitioner, is in good standing and has satisfied all relevant state and local requirements that pertain to the purchase and operation of the prescription Products. If the Products are sold to a distributor, the distributor will verify that all purchasers are duly licensed to purchase and possess such prescription medical devices in accordance with the applicable state and local laws and regulations. In addition, the distributor shall retain proof that the purchaser possesses the necessary valid and active state license to purchase prescription medical devices. The distributor will not solicit or encourage purchases by individuals who do not possess the requisite state license to prescribe and/or possess prescription medical products.

Indemnity

Buyer will indemnify, defend and hold harmless DA, its directors, officers, employees and agents, from any and all liabilities, damages, losses, claims or expenses, including court costs, expert witness fees and reasonable attorneys' fees (hereinafter "Losses") arising out of or in connection with (i) any willful or negligent use of the Products by Buyer and/or any of its employees, contractors or representatives; (ii) Buyer's use, sale, lease, transfer or other exploitation of any Product in a manner not authorized by this Agreement; (iii) any injury or death of person or damage to property to the extent caused by or arising out of any acts or omissions of Buyer, its agents, employees, and contractors, or in connection with Products handled, stored, sold, applied or otherwise utilized by Buyer; (iv) Buyer's breach of this Agreement; and (iv) any failure by Buyer, its employees, agents or contractors, to comply with the terms of this Agreement, or applicable federal, state and local laws, regulations and guidance's.

Limitation of Liability

In no event will DA, its officers, directors, employees, contractors or agents, be liable under any theory of recovery, whether based in contract, tort (including negligence and strict liability), warranty or otherwise, for any INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF PROFITS, LOSS OF USE, COST OF COVER), OR PUNITIVE DAMAGES. Under no circumstances will DA's aggregate liability under any theory of recovery exceed the price paid for the products or services at issue. The prices and limitations of liability set forth in this Agreement reflect the allocation of risk agreed to by the Buyer and DA. Buyer acknowledges that DA would not sell Products without these limitations on its liability and that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Export Controls

The Products may include technology that is subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export control laws, orders and regulations of the country in which the Products are manufactured and/or used. Buyer is solely responsible for and shall fully comply with such laws, orders and regulations. Not limiting the foregoing, Buyer will not use for the benefit of, or sell, lease, export, reexport or otherwise transfer Products to restricted end-users (including those on the U.S. Department of Commerce, Bureau of Industry and Security "Entity List" and other lists of denied parties) or to restricted or boycott countries identified by the U.S. Department of State or the U.S. Treasury Department. Buyer will obtain all necessary licenses and other governmental approvals prior to exporting or re-exporting the Products. Buyer and DA hereby agree to the applicability of the 1980 U.N. Convention on the International Sale of Goods.

Force Majeure

DA's performance hereunder is subject to postponement or cancellation, in its sole discretion, for any cause beyond DA's reasonable control, including without limitation: inability to obtain or transport safely any Products or necessary materials and components; strikes, labor disturbances, and other unavailability of workers; fire, flood, and other acts of God; war, domestic or international terrorism, riot, civil insurrection, and other disturbances; production or engineering difficulties; and governmental regulation, orders, directives, and restrictions.

Miscellaneous

The parties agree that any and all claims, demands, disagreements, controversies or disputes arising out of or relating to this transaction (collectively "Claims") shall be governed by and construed in accordance with the laws of the State of CA and adjudicated exclusively in LA County, California County Court or District Court, which courts shall have the sole and exclusive jurisdiction and venue for adjudication of all Claims. The parties hereby agree upon, consent and stipulate to the jurisdiction and venue of the aforementioned courts for the adjudication of all Claims, to the exclusion of all other courts, forums and venues whatsoever.

Any required notices shall be provided in writing to Buyer at the address or fax as set forth in this Agreement, and to DA by overnight carrier to DA, at 20929 Ventura Blvd, Suite 47-121 Woodland Hills, CA 91364 or to such other address as either party may substitute by written notice to the other.

Buyer will not assign or transfer any of the rights, duties, or obligations herein without DA's prior written consent and any purported attempt to do so will be null and void. If any court shall determine that any provision herein is unenforceable, the parties agree that any such provision, or part thereof, shall be reformed and construed consistent with the apparent purpose of the provision in order to avoid its unenforceability, or, in the event that reformation is not possible, the provision shall be severed, and all remaining provisions shall remain in full force and effect.

Disclaimers

As stated prior and above, "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, we will verify your status as an authorized purchaser of this item before shipment of the item can occur."

Company: Destiny Aesthetics', LLC
Address: Woodland Hills, CA 91364

Item(s) have been cleaned and handled in accordance with the manufacturer’s instructions.

If you have questions about legal obligations regarding sales of medical devices, you should consult with the FDA's Center for Devices and Radiological Health.

By making your purchase from DA on this eBay platform, Buyer acknowledges that: (a) Buyer has read, understands, and is bound by the Credit Card Authorization and all of the terms and conditions of this Agreement; (b) the terms and conditions contained in this Agreement are the sole and total agreement of Buyer and DA; (c) there are no covenants, promises, agreements or representations other than as contained in this Agreement; and (d) in accepting the terms of this Agreement, Buyer has not relied upon any promises, covenants, agreements or representations other than as expressed in this Agreement and in the eBay ad itself.

As a matter of record, NO part of this page residing on the eBay platform including all images, text, terms and conditions may be copied, duplicated in writing or displayed in any type of electronic medium (including the Internet), in any way, shape or form, either directly or indirectly, in whole or part without the express written permission of Destiny Aesthetics.  Any such breech, infraction, infringement, defiance, lack of compliance of same will be vigorously enforced and prosecuted to the extent of any and all prevailing laws in force at the time of any such violations occurring! 

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