International (Non-U.S.) Customers
1. Description of Promotion; Eligibility: Under this promotion (the “Promotion”), customers of Fluke Electronics Corporation in the United States and of Fluke Corporation or its other affiliates outside the United States (collectively, “Fluke”), in each case transacting under the Fluke Biomedical brand (“Fluke Biomedical”), may Trade-In (as defined below) any Fluke Biomedical obsolete product from the list provided in Section 6 (“Obsolete Product”) or product from another vendor with similar application as further detailed in Section 7 (“Similar Product”) below and receive 10% off the list price applicable to the customer for a Fluke Biomedical replacement product from the list provided in Section 6 below(“Replacement Product”).
For purposes of this Promotion, the customer must be outside the United States and not otherwise subject to U.S. jurisdiction. The Promotion is also not open to participants that use any funding from any U.S. federal health care program or agency for the purchase of either product (Trade-in or Replacement). “Trade-In” means either (1) donating the Obsolete Product or Similar Product to a charity of the customer’s choosing, and providing a certification of charitable donation to Fluke along with the Obsolete or Similar Product’s serial number; (2) providing, in writing, a ‘Letter of Discontinuance’, including the serial number of the Obsolete or Similar Product and stating that the customer will no longer use the Obsolete or Similar Product, (3) return the Obsolete or Similar product to the authorized Fluke Biomedical distributor upon the placement of the PO, or (4) the customer may destroy an Obsolete or Similar Product’s liquid crystal display or front panel, and provide to Fluke a picture of the destroyed product along with its serial number, as further described below. Fluke reserves the right in its sole and absolute discretion to determine whether any Obsolete or Similar Product qualifies for Trade-In under this Promotion.
In return, customers will receive 10% off the list price applicable in the relevant region for a Replacement Product from an authorized Fluke Biomedical sales representative or an authorized Fluke Biomedical distributor in all other regions during the Promotion Period (as defined below). See the list of authorized distributors at http://www.flukebiomedical.com/Biomedical/usen/wheretobuy.
The Promotion is offered in all jurisdictions in which Fluke Biomedical products are sold, except for those jurisdictions where this Promotion is prohibited by law. Documentation submitted to participate in this Promotion must be submitted by email/fax at the time a purchase order for the Replacement Product is submitted. The Promotion is only valid on purchase(s) made during the Promotion Period. Some import restrictions may apply; check with your local distributor for availability.This Promotion is only available as a discount to applicable list prices of Replacement Products. Participants may not use the discount available under the Promotion in conjunction with any contract or special pricing. This Promotion is not valid on orders or purchases made prior to the Promotion Period. The discount available under the Promotion cannot be transferred or otherwise redeemed for alternative products, services or credits except as expressly authorized in these Terms & Conditions.
Employees, directors and officers of Fluke, its parent companies, affiliated companies, subsidiaries, distributors, representatives, and those persons’ immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) are not eligible to participate in the Promotion. Further, no employees, officers, directors, representatives or agents of distributors or competing tool manufacturers are eligible to participate in the Promotion.
2. Disclaimer: Fluke and each of its parent companies, subsidiaries, and affiliates, and each of their respective directors, officers, professional advisors, distributors, representatives, employees and agents (collectively, the “Released Parties”) will not be responsible or have any liability for: (a) any late, lost, misrouted, garbled or distorted or damaged communications, transmissions or redemption requests related to the Promotion; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures related to the Promotion; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human or other intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.
3. Promotion Period: In order to qualify for the Promotion, customers must purchase a Replacement Product during the Promotion period, which starts at 12:00 AM US Pacific Time on September 7, 2016 and ends at 11:59 PM US Pacific Time on December 30, 2016 (the “Promotion Period”). US Pacific Time shall control for all purposes of this Promotion. Customer’s invoice/receipt must show the date of purchase which must fall within the Promotion Period. Fluke’s computer shall be the official time-keeping device for the Promotion.
4. How to Receive Your Discount: In order to receive the 10% off list price for a Replacement Product, a customer must contact a Fluke Biomedical sales representative or authorized distributor (See the list of authorized distributors at http://www.flukebiomedical.com/Biomedical/usen/wheretobuy) and provide the serial number of the Obsolete Product to be Traded In to the sales representative or authorized distributor; or, if the customer is Trading in a Similar Product, the customer must provide the brand, model, and serial number of the Similar Product to the sales representative or authorized distributor. Fluke Biomedical will then issue a product quote for the Replacement Product to the sales representative or authorized distributor. The quote will include the promo code “FBC-OTN Q4 2016”, serial number of the Obsolete Product, or brand, model, and serial number of the Similar Product eligible for the Promotion, availability of the 10% discount on the eligible Replacement Product, and the timeframe during which the discount is available. As specified in section 1 above in the definition of “Trade-In,” and as Fluke may determine to be appropriate in its discretion, the customer must then submit to the Fluke Biomedical sales representative or authorized distributor a purchase order with either of the following documentation in order to receive the 10% discount on the price quoted for the Replacement Product from the sales representative or authorized distributor: (1) the customer may submit a picture(s) clearly showing the Obsolete or Similar Product’s serial number and its destruction; (2) customer may submit a ‘Letter of Discontinuance’ stating the unit will no longer be used and provide its serial number; (3) the customer may return the Obsolete or Similar product to the Fluke Biomedical representative or authorized distributor, or (4) the customer may submit a certification of charitable donation for having donated the Obsolete or Similar Product to a charity of their choice.
5. Promotion Details: To be eligible, a Replacement Product must be purchased during the Promotion Period, and proof of destruction, discontinuance, return to Fluke Biomedical sales representative or authorized distributor, or donation of an Obsolete or Similar Product must also be submitted as specified in section 4 above. Each Obsolete or Similar Product Traded In will be eligible for one 10% discount on its respective Replacement Product. In no event will an Obsolete or Similar Product qualify for more than one 10% discount. All participants and materials submitted to Fluke in connection with this Promotion are subject to verification and audit by Fluke, in its sole and absolute discretion. Any materials submitted in connection with the Promotion that do not comply with any aspect of these Terms & Conditions may be rejected by Fluke in its sole and absolute discretion, and the participant may be disqualified from participating in the Promotion. Fluke’s use of customer personal information provided to Fluke is subject to Fluke's privacy policy (available at http://en-us.fluke.com/site/privacy).
6. Obsolete and Replacement Products: Only the Fluke Biomedical Obsolete and Replacement Products listed below qualify for this Promotion.
Obsolete and Replacement Products consist of the following:
| Product Lines |
Obsolete Products |
Corresponding Replacement Product |
| Electrical Safety Analyzers (ELSAF) |
DALE600 |
ESA612/615 |
| ESA601 |
ESA612/615 |
| 235A |
ESA612/616 |
| 232D |
ESA612/615 |
| ESA505Pro |
ESA620 |
| QA-ST |
ESA612 |
| DALE600E |
ESA612/615 |
| 231D |
ESA612/615 |
| 234A |
ESA612/615 |
| DALE601 |
ESA612/615 |
| DALE601E |
ESA612/615 |
| ESA175 |
ESA609 |
| ESA180 |
ESA612/615 |
| LT544 |
ESA609 |
| Infusion Device Analyzers (INFTST) |
DALE4100 |
IDA-IS or 5 |
| LAGU 1 |
IDA-IS or 5 |
| LAGU 2 |
IDA-IS or 5 |
| IDA-2 Plus |
IDA-IS or 5 |
| IDA-4 |
IDA-5 |
| IDA-4 Plus |
IDA-5 |
| Defibrillator Analyzers (DFBTST) |
Impulse 3000 (DALE 900) |
Impulse 6000 |
| Impulse 4000 |
Impulse 7000 |
| QED-6 |
Impulse 7000 |
| Patient Simulators (MONTST) |
MPS 450 |
ProSim 3 or 8 |
| DALE 13 |
PS410 |
| DALE 14 |
ProSim 3 or 8 |
| LH-1 |
PS410 |
| LH-2 |
ProSim 3 or 8 |
| LH-3 or 3C |
ProSim 3 or 8 |
| Marq-I |
ProSim 2 or 3 or 4 or 8 |
| MPS-I |
ProSim 2 or 3 or 4 or 8 |
| PS400 |
PS410 |
| PS-412 |
ProSim 2 or 3 or 4 or 8 |
| PS-415 |
ProSim 3 or 8 |
| PS-416 |
ProSim 2 or 3 or 4 or 8 |
| PS-416M |
ProSim 2 or 3 or 4 or 8 |
| PS-416 MKII |
ProSim 2 or 3 or 4 or 8 |
| PS 420 |
ProSim 3 or 8 |
| PS-430 |
ProSim 2 or 3 or 4 or 8 |
| PS-440 |
ProSim 2 or 3 or 4 or 8 |
| QA-1280 |
ProSim 4 of 8 |
| QA-1290A |
ProSim 4 of 8 |
| QA-1290P |
ProSim 4 of 8 |
| Marq-II |
ProSim 2 or 3 |
| Cufflink |
ProSim 2 or 3 or 4 or 8 |
| QA-1280A |
ProSim 4 of 8 |
| QA-1290 |
ProSim 4 of 9 |
| QA-510 |
ProSim 8 or SPOT Light |
| OXITEST Plus or Plus 7 |
ProSim 8 or SPOT Light |
| INDEX 2MP, 2MPE, 2FE |
ProSim 8 or SPOT Light |
| Index 2XLF (except - 2XLFE) |
ProSim 8 or SPOT Light |
| MEDSIM 300B |
ProSim 3 or 8 |
| Ventilator Testers (GFTST) |
VT2CE |
VT305 |
| VT+ |
VT Plus HF |
| Incubator Analyzers (NNTST) |
INCU-PTO |
INCU II (BT or No BT |
| INCU-UNIPOWER |
INCU II (BT or No BT) |
| Electrosurgery Analyzer (ESUTST) |
QA-ES II 100 V JPN |
QA-ES III |
| QA-ES II 115V |
QA-ES III |
| QA-ES II 115V |
QA-ES III |
| QA-ES II 115V BRAZ |
QA-ES III |
| QA-ES II 230V |
QA-ES III |
| QA-ES II 230V AUS |
QA-ES III |
| QA-ES II 230V BRAZ |
QA-ES III |
| QA-ES II 230V UK |
QA-ES III |
| QA-ESII-PTO |
QA-ES III |
| TA-QAES-AUS |
QA-ES III |
| TA-QAES-JPN |
QA-ES III |
| TA-QAES-SHK |
QA-ES III |
| TA-QAES-UK |
QA-ES III |
| TA-QAES-US |
QA-ES III |
| Oxygen Analyzers |
DALE50 |
MAXO2+ AE |
| MAX02 |
MAXO2+ AE |
7. Similar Products: In order to qualify for a Trade-in under this Promotion, the Similar Product must have an application that is similar to the Replacement Product which will replace it. For example, if the customer is Trading in an electrical safety analyzer from a brand other than Fluke Biomedical, it must be Traded in for a Fluke Biomedical Electrical Safety Analyzer. The Fluke sales representative or authorized distributor shall determine the appropriate Replacement Product based on the brand, model, and serial number of the Similar Product provided.
8. Copyright and Trademark Notices: The Promotion and all accompanying materials are copyright © 2016 by Fluke Corporation. All rights reserved. FLUKE is a registered trademark of Fluke Corporation.
9. Release of Liability and Indemnification: Except where otherwise prohibited by law, by participating in the Promotion, each customer releases and agrees to indemnify and hold harmless each Released Party from any liability, obligation, injury, claim, suit, action, cost, expense, loss or damage of any kind, including any tax liability or loss of opportunity, whether direct, indirect, special, incidental or consequential, that may be imposed on, asserted against or incurred by such Released Party that arise out of or relate in any way to this Promotion and the offers made hereunder, including, but not limited to, where arising out of or relating to the following: (a) any technical difficulties or equipment malfunction (whether or not under Fluke’s control); (b) any theft, unauthorized access or third party interference; (c) any redemption request that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Sponsor, and whether or not in Sponsor’s control); (d) any damages due to the operation of the postal service; (e) any variation in product value to that stated in these Terms & Conditions; (f) any tax liability incurred by participant; or (g) use or misuse of the products offered under the Promotion.
10. Miscellaneous: The Promotion and these Terms & Conditions will be governed, construed and interpreted under the laws of the State of Washington, USA without applying any conflicts or choice of law provisions under such law that might refer the construction or interpretation of any term hereof to the laws of any other jurisdiction. If any provision of these Terms & Conditions is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of these Terms & Conditions remain legal and enforceable, the remainder of these Terms & Conditions shall remain operative and binding. Participants are bound by these Terms & Conditions and by the decisions of Fluke, which are final and binding in all respects. To the extent permitted by law, Fluke reserves the right to change these Terms & Conditions at any time, in its sole and absolute discretion, and to suspend or cancel the Promotion or any person’s participation in the Promotion should computer viruses, unauthorized human intervention or other causes beyond Fluke’s control affect the administration, security or conduct of the Promotion, Fluke otherwise becomes (as determined in its sole and absolute discretion) incapable of conducting the Promotion as planned, or for any other reason determined by Fluke to be appropriate in its sole and absolute discretion.
Participants who violate these Terms & Conditions, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion, or engage in any conduct that is detrimental or unfair to Fluke, the Promotion or any other participant (in each case as determined in Fluke’s sole and absolute discretion) are subject to disqualification from participation in the Promotion and all other rights and remedies available under the law. If you have any questions about these Terms & Conditions or the Promotion, please email them to info@fluke.com or send written questions to the address, Attn: FBC-OTN Q4 Promo – FBC Marcom: Fluke Corporation, 6920 Seaway Boulevard, M/S 208A , Everett, WA 98203.
11. Address Information: Fluke Electronics Corporation and Fluke Corporation, 6920 Seaway Blvd. Everett, WA 98203.
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