Terms & Conditions

Primis Marketplace – Terms and Conditions

Effective Date: 01/01/2026

Welcome to Primis Marketplace, a platform operated by Elevate360HX, LLC, a Utah limited liability company, doing business as Primis Elevate360HX (“Primis,” “Company,” “we,” “our,” or “us”), located at:

854 West 450 North, Suite 10
Kaysville, UT 84037

By accessing, registering, bidding, or purchasing on Primis Marketplace, you (“User,” “Bidder,” or “Buyer”) agree to be legally bound by these Terms and Conditions and all applicable laws of the State of Utah.

1. Acceptance of Terms

Use of the platform constitutes acceptance of these Terms. If you do not agree, you are not authorized to use Primis Marketplace.

2. Marketplace Nature

Primis Marketplace is an online auction platform.
All transactions are conducted by Elevate36HX, LLC (dba Primis Elevate360HX).

Primis reserves the right to:

  • Refuse service
  • Suspend or terminate accounts
  • Cancel or void auctions or bids

At its sole discretion and without liability.

3. Binding Bids

  • All bids are irrevocable and legally binding
  • The highest bidder at auction close is obligated to complete the purchase
  • Bid retractions are not permitted

Failure to complete a purchase constitutes a material breach.

4. “AS-IS, WHERE-IS” Sale

All items are sold “AS IS, WHERE IS, WITH ALL FAULTS.”

Primis disclaims all warranties, including:

  • Merchantability
  • Fitness for a particular purpose
  • Condition, functionality, or completeness

Buyer assumes all risks associated with purchase and use.

5. Inspection & Due Diligence

Buyers are solely responsible for evaluating items prior to bidding.

  • Inspections are encouraged
  • Questions must be submitted prior to bidding
  • Failure to inspect does not relieve Buyer of responsibility

6. Buyer’s Premium

Certain auctions may include a Buyer’s Premium, disclosed in the listing.

Total purchase price =
Winning Bid + Buyer’s Premium + applicable taxes and fees

7. Payment Terms

  • Payment is due within 48–72 hours of auction close unless otherwise stated

Failure to pay may result in:

  • Cancellation of sale
  • Account suspension or termination
  • Enforcement actions

8. Sales Tax & Resale Certificates

  • Sales tax will be charged unless a valid Resale Certificate is provided prior to payment
  • Buyer is responsible for compliance with tax laws
  • Primis may reject invalid or unverifiable certificates

9. Pickup, Shipping & Risk of Loss

  • Buyer is responsible for pickup, shipping, and handling
  • Items must be removed within 7 Days unless other wise arranged.

Risk of loss transfers to Buyer upon payment.

Failure to remove items may result in:

  • Storage fees
  • Forfeiture without refund

10. No Returns / No Refunds

All sales are final.
No returns, refunds, or exchanges.

11. Accuracy of Listings

Primis does not guarantee the accuracy or completeness of listings.

Buyers rely on all information at their own risk.

12. Medical Equipment Regulatory Disclaimer

Items may include medical or regulated equipment.

Buyer acknowledges:

  • Primis does not ensure compliance with FDA or other regulations
  • Buyer is solely responsible for:
    • Legal use, resale, or export
    • Licensing and certification requirements
  • Equipment may require inspection, repair, or recertification

Primis makes no representation that items are safe or suitable for patient use.

13. Export Compliance

Buyer agrees to comply with all applicable U.S. export laws, including EAR and ITAR where applicable.

Buyer represents that:

  • They are not a restricted or sanctioned party
  • Items will not be exported in violation of law

Primis may cancel transactions involving export risk.

14. Prohibited Conduct (Fraud & Shill Bidding)

Prohibited actions include:

  • Shill bidding
  • Bid manipulation or collusion
  • Misrepresentation
  • Multiple account abuse

Violations may result in:

  • Immediate account termination
  • Voided transactions
  • Legal action or law enforcement referral

15. Payment Fraud & Wire Protection

Buyer is responsible for verifying payment instructions.

Primis is not liable for losses resulting from:

  • Fraudulent communications
  • Cybercrime or intercepted payments

Primis will not change payment instructions without verification.

16. High-Value Transactions & Guarantees

Primis may require:

  • Personal guarantees
  • Proof of funds
  • Business verification

Guarantors are personally liable for Buyer obligations.

17. Deposits & Pre-Authorization

Primis may require deposits or payment pre-authorization.

  • Deposits may be retained upon default
  • Deposits may be applied to damages

Deposits are considered liquidated damages and are not penalties.

18. Default & Collection Costs

In the event of Buyer default:

Primis may:

  • Cancel and relist the item
  • Recover damages

Buyer agrees to pay:

  • Attorney’s fees
  • Court costs
  • Collection fees

19. Liquidated Damages

Buyer agrees damages from default are difficult to calculate.

Primis may assess reasonable liquidated damages, including:

  • Deposit forfeiture
  • Price differential
  • Administrative costs

20. Third-Party Sellers

Primis may allow third-party sellers.

  • Primis acts as a marketplace facilitator only
  • Sellers are responsible for:
    • Listing accuracy
    • Ownership and legal compliance

Primis is not liable for seller conduct or title defects.

21. Title Transfer

Title transfers:

  • From Primis or Seller directly to Buyer

Buyer is responsible for verifying:

  • Ownership
  • Clear title

22. Platform Enforcement Rights

Primis may:

  • Suspend or terminate accounts
  • Cancel transactions
  • Require identity verification

At its sole discretion.

23. Limitation of Liability

To the fullest extent permitted by Utah law:

Primis is not liable for:

  • Indirect or consequential damages
  • Lost profits or business interruption

Liability is limited to the purchase price.

24. Indemnification

Buyer agrees to indemnify and hold harmless Primis from any claims arising from:

  • Use of the platform
  • Breach of Terms
  • Purchase or use of items

25. Arbitration Agreement

All disputes shall be resolved by binding arbitration in Utah.

  • No jury trials
  • No class actions
  • Arbitration administered by a recognized provider (e.g., AAA)

26. Governing Law

These Terms are governed by the laws of the State of Utah.

27. Force Majeure

Primis is not liable for delays due to events beyond its control.

28. No Agency Relationship

No partnership, agency, or joint venture is created.

29. Modifications

Primis may update these Terms at any time. Continued use constitutes acceptance.

30. Contact Information

Primis Marketplace
Operated by Elevate360HX, LLC (dba Primis Elevate360HX)
854 West 450 North, Suite 10
Kaysville, UT 84037
[Insert Email]
[Insert Phone]