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”), which purchase any Fluke Biomedical Electrical Safety Analyzer (“ELSAF Product”) together with and any ProSim Patient Simulator (“ProSim Product”) (together the “Products”) will receive 5% off Fluke Biomedical’s recommended resale price applicable in the relevant geographic region from an authorized Fluke Biomedical sales representative or authorized distributor from whom they purchase Products during the Promotion Period (as defined in section 3). A list of authorized distributors is available 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. 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 ELSAF Products and ProSim Products purchased together. 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 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.
All discounts provided under this Promotion to customers in the United States are intended to comply with the federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b). To the extent required by 42 C.F.R. Section 1001.952(h) (the Anti-Kickback Statute discount safe harbor regulations) or other applicable laws and regulations, the customer must fully and accurately reflect in cost reports or other submissions to federal healthcare programs all discounts provided under this Promotion, and upon request by the Secretary of the U.S. Department of Health and Human Services or a state agency, must make available information provided to the customer by Fluke concerning the discounts.
3. Promotion Period: In order to qualify for the Promotion, customers must make their purchases during the Promotion period, which starts at 12:00 AM US Pacific Time on October 15, 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 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 5% discount off Fluke Biomedical’s recommended resale price applicable in the relevant geographic region when purchasing Products, a customer must contact a Fluke Biomedical sales representative or authorized distributor and request to purchase one specified ELSAF Product for each specified ProSim Product. A list of authorized Fluke Biomedical distributors is available at http://www.flukebiomedical.com/Biomedical/usen/wheretobuy.
5. Personal Details: Fluke’s use of customer personal information provided to Fluke as part of this Promotion (if any) is subject to Fluke's privacy policy (available at http://en-us.fluke.com/site/privacy).
6. Eligible Products: Only Products listed below qualify for this Promotion.
Product Lines |
Eligible Products |
Electrical Safety Analyzers (ELSAF) |
ESA612 |
ESA615 |
ESA620 |
ESA609 |
Patient Simulators (ProSim Product) |
ProSim 2 |
ProSim 3 |
ProSim 4 |
ProSim 8 |
SPOT Light |
7. 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.
8. 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.
9. 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 marketing@flukebiomedical.com or send written questions to the address, Attn: FBC-Bundle Promo – FBC Marcom: Fluke Corporation, 6920 Seaway Boulevard, M/S 208A , Everett, WA 98203.
10. Address Information: Fluke Electronics Corporation and Fluke Corporation, 6920 Seaway Blvd. Everett, WA 98203.