Buyer Policy
This Buyer Policy (the "Policy") is a binding part of the terms governing use of The Medical Bay. It applies whenever you submit or respond to an offer, select Buy Now, pay for an item, provide eligibility documentation, receive or return equipment, request a refund, dispute a payment, or otherwise act as a buyer through The Medical Bay. By taking any of those actions, you agree to this Policy on behalf of yourself and any business or organization you represent.
Buyer eligibility and account duties
You must be at least 18 years old, have legal capacity to contract, and have authority to bind the person or entity identified on the buyer account. Provide complete, current, and truthful identity, contact, billing, shipping, business, tax, licensing, and intended-use information.
You must:
- keep account credentials secure and promptly report suspected unauthorized access;
- use only payment methods and addresses you are authorized to use;
- maintain every license, permit, registration, facility approval, and professional authorization required for the equipment you seek, possess, install, or use;
- respond promptly and truthfully to identity, eligibility, payment, safety, transaction, and compliance requests;
- comply with sanctions, export-control, transportation, destination, and other laws that apply to you; and
- use the Service only for United States transactions unless The Medical Bay expressly approves otherwise.
Do not use another person's account, conceal the true buyer, impersonate a practitioner or facility, create accounts to evade restrictions, or transact while suspended. If information changes before shipment or delivery, promptly update it and notify the seller.
The marketplace's role
The Medical Bay provides technology that helps independent buyers and sellers find each other, communicate, and transact. The seller identified in the listing or order is the merchant of record and contracting seller. The Medical Bay is not the seller, manufacturer, distributor, prescribing provider, broker, fiduciary, insurer, or escrow agent for the transaction.
Unless expressly stated for a specific service, The Medical Bay does not own, possess, inspect, test, appraise, certify, refurbish, clean, package, ship, install, calibrate, prescribe, or take title to listed equipment. A listing, profile, badge, verification field, payment result, review, or communication is not an endorsement or guarantee of a seller, item, license, condition, title, legality, safety, suitability, shipment, warranty, or outcome.
The Medical Bay may facilitate communication, request records, provide platform records, or take protective action, but it does not thereby become a party to the purchase contract or assume the seller's or buyer's obligations. The Terms of Use contain the governing disclaimers, limitations, release, indemnity, and dispute terms between you and The Medical Bay.
Pre-purchase diligence
Medical equipment can involve significant financial, operational, regulatory, and patient-safety risks. Before paying, conduct diligence appropriate to the item, price, condition, intended use, and your expertise. At minimum, review and confirm:
- the seller's identity and authority to sell, and the item's ownership, serial number or unique device identifier, location, and availability;
- the manufacturer, model, configuration, age, condition, operating status, service history, testing, calibration, repairs, known defects, error codes, and recall or correction status;
- the exact quantity and everything included or excluded, including accessories, probes, cables, batteries, consumables, manuals, licenses, passwords, subscriptions, software, and packaging;
- whether software, cloud services, support, licenses, warranties, service agreements, or manufacturer programs are transferable and available to you;
- the seller's warranty, return, cancellation, inspection, and refund terms;
- shipping or freight method, handling time, insurance, delivery access, installation needs, site preparation, utilities, rigging, deinstallation, training, and other costs; and
- every federal, state, local, professional-practice, facility, radiation-control, transportation, installation, servicing, prescription, and destination requirement applicable to acquisition and use.
Ask the seller for material records and current photographs. When appropriate, arrange an independent inspection, functional test, service review, or regulatory review before payment. A listing description, condition label, seller statement, or platform field does not replace item-specific diligence or advice from qualified clinical, technical, legal, regulatory, tax, insurance, or transportation professionals.
Offers, Buy Now, availability, and contract formation
Submit offers and counters in good faith and with accurate terms. An offer, counteroffer, seller acceptance, or selection of Buy Now may create a payment opportunity, reservation, or platform obligation, but does not by itself create a binding purchase contract between you and the seller.
A binding purchase contract forms only when payment succeeds. A payment authorization, pending payment, expired checkout session, unsuccessful payment, or uncompleted payment is not sufficient. The Medical Bay's order record based on confirmation from the payment provider is evidence of payment status.
Payment opportunities and reservations expire at the deadline shown in the Service. If payment does not succeed by that deadline, the seller may no longer be required to reserve the item, and it may become available to another buyer. Do not use offers, counters, or Buy Now to manipulate availability, harass a seller, test payment methods, create false demand, or interfere with another transaction.
When payment succeeds, the purchase contract consists of the paid item and price, the listing disclosures, the accepted offer or Buy Now terms, shipping and other charges shown at checkout, the seller's disclosed return and warranty terms, applicable transaction-specific terms, and terms supplied by law. You and the seller, not The Medical Bay, are the parties to that contract. Changes after payment require agreement and must comply with the Terms of Use, this Policy, the Seller Policy, and applicable law.
Payments, charges, and taxes
Payments are processed through Stripe or another disclosed payment provider as direct charges on the seller's connected payment account. The seller receives your payment subject to provider fees, reserves, reversals, and payout rules. The Medical Bay may deduct its marketplace fee from seller proceeds; that marketplace fee is not an additional buyer fee.
You must pay the full amount shown at checkout using an authorized payment method. The total may include the item price, shipping or freight, insurance, taxes, and other disclosed transaction charges. Your card issuer, bank, payment provider, carrier, or other provider may impose separate terms or charges. A payment may remain pending until the provider confirms success.
Do not send payment outside the approved marketplace payment process, split payment to avoid limits or fees, misstate the transaction, or ask a seller to bypass verification, records, taxes, or safety controls. You are responsible for accurate billing and exemption information and for taxes, duties, use taxes, or reporting obligations imposed on you, except to the extent a seller, The Medical Bay, or a provider is legally required to collect, report, withhold, or remit an amount.
Regulated and prescription equipment
You are responsible for determining how an item is classified and whether you may lawfully acquire, possess, transport, install, operate, direct the use of, or transfer it. The Medical Bay does not prescribe equipment, determine clinical suitability, or guarantee that a seller's verification is sufficient for your jurisdiction or intended use.
If a prescription device is subject to 21 C.F.R. Section 801.109, you may acquire it only when the sale to you or on the prescription or other lawful order of an authorized practitioner is permitted. Other equipment may require a professional or facility license, radiation registration, controlled-equipment authorization, supervised-use arrangement, or additional federal, state, or local approval.
Before shipment or delivery, you must:
- provide your correct legal name, facility, role, business address, intended professional use, and other material eligibility information;
- provide current, authentic, and legally sufficient licenses, prescriptions, purchase orders, practitioner orders, permits, registrations, or other records reasonably requested by the seller or The Medical Bay;
- permit reasonable verification against official licensing or regulatory sources and promptly explain discrepancies;
- notify the seller if your authority, intended use, delivery location, or other eligibility information changes; and
- refrain from asking the seller to ship until required verification is complete.
A profile field, badge, platform attestation, payment, email domain, or prior transaction may support review but does not establish continuing eligibility or relieve you or the seller of legal duties. Do not provide false, borrowed, expired, altered, or misleading documentation. Do not upload or request patient records, diagnoses, or unnecessary protected health information. If sensitive documentation is legally necessary, minimize or redact patient information and use the secure process specified for the transaction.
Shipping, freight, and delivery
Provide a complete and accurate delivery address where you are authorized and prepared to receive the item. Confirm commercial or residential status, loading-dock access, liftgate needs, appointments, hours, contacts, stairs, doorways, utilities, rigging, storage, security, and other site conditions material to delivery. You are responsible for buyer-caused redelivery, storage, address-correction, refusal, or special-handling charges to the extent allowed by the purchase contract and law.
Do not ask the seller or carrier to ship to an address other than the order address or to reroute a shipment without a documented change authorized through The Medical Bay. An unauthorized change may affect eligibility, fraud controls, insurance, delivery evidence, or available remedies.
Carrier and tracking information is provided by third parties and may be incomplete, delayed, or estimated. Title, risk of loss, delivery obligations, and responsibility for damage are governed by the purchase contract and applicable law, not solely by a tracking scan or status displayed by The Medical Bay. Cooperate promptly with the seller, carrier, freight provider, and insurer on delivery appointments, inspections, and claims.
Receipt, inspection, installation, and use
Inspect the shipment and item promptly. When practicable, examine the packaging before signing a delivery receipt, note visible loss or damage on the carrier or freight record, confirm the serial number and included components, and preserve photographs, video, packaging, labels, delivery records, and other evidence. Report non-delivery, damage, shortage, substitution, material misdescription, suspected contamination, data exposure, safety concerns, or title issues promptly to the seller and any carrier or insurer. Delay may affect contractual or third-party claim deadlines.
Delivery confirmation, a tracking status, or an automated order status does not by itself establish condition, clinical acceptance, or waiver of rights that cannot lawfully be waived. It also does not extend a seller's disclosed inspection, notice, return, warranty, carrier, or payment-dispute deadline.
Do not place equipment into service or use it with a patient until qualified personnel have completed all appropriate inspection, cleaning, decontamination, electrical-safety testing, installation, calibration, validation, software and cybersecurity review, recall review, site acceptance, training, and other steps required by manufacturer instructions, professional standards, facility policy, and law. Use equipment only for lawful purposes and through properly trained and authorized personnel.
If equipment contains patient information, credentials, accounts, logs, or other data that should have been removed, stop accessing the data, secure the equipment, avoid unnecessary copying or disclosure, and promptly notify the seller and The Medical Bay. You remain responsible for your own privacy, cybersecurity, and recordkeeping duties after receipt.
Cancellations, returns, refunds, and transaction changes
The Medical Bay does not provide a universal cancellation, inspection, return, warranty, or refund right. The seller's terms disclosed in the listing or agreed before payment govern, together with rights and remedies that cannot lawfully be waived. Review those terms before paying. A change of mind, budget change, site issue, or failure to obtain an approval does not create a return right unless the purchase contract or law provides one.
Request a cancellation, return, repair, replacement, price adjustment, or refund promptly from the seller and keep the request and response in The Medical Bay's messaging system whenever possible. Do not return an item without authorization or to an address not approved by the seller. Unless otherwise agreed, preserve the item, accessories, labels, data state, and packaging, and use tracked and appropriately insured return shipping.
Refunds must use the original marketplace payment process unless The Medical Bay authorizes another method. The amount, allocation of shipping or other costs, conditions, and timing of a refund depend on the purchase contract, provider processing, and applicable law. The Medical Bay's marketplace fee is charged to the seller; its treatment under the Seller Policy does not create or reduce a buyer refund right. Do not accept or seek duplicate recovery from the seller, payment provider, carrier, insurer, or another source.
Transaction problems and payment disputes
Raise transaction problems promptly and provide accurate, complete evidence. Contact the seller first when appropriate. You may also use The Medical Bay's support or concern-reporting process to document the issue. Depending on the problem, you may need to preserve the item, avoid use, meet a seller or carrier deadline, obtain an inspection, file a loss or damage claim, contact the manufacturer, or use rights available through your payment provider, insurer, regulator, or a court.
The Medical Bay may facilitate communication or share platform records but does not inspect returned goods, determine clinical suitability, decide title or product-liability claims, or independently adjudicate buyer-seller disputes. It does not guarantee a refund, replacement, chargeback, insurance payment, carrier claim, manufacturer remedy, or other outcome.
A chargeback or payment dispute is governed by the issuer's and payment provider's rules and deadlines. Submit only truthful, relevant information; promptly update a claim if circumstances change; do not make inconsistent claims or seek duplicate recovery; and cooperate with reasonable requests for listing, communication, eligibility, delivery, inspection, return, or refund records. A payment-provider decision does not by itself determine title, condition, legal compliance, warranty rights, or every claim between buyer and seller.
Recalls, corrections, and safety events
Check applicable manufacturer, FDA, and CPSC recall and safety sources before payment and before placing an item into service. After acquisition, maintain identifiers and contact information needed to receive and act on recalls, corrections, removals, field actions, cybersecurity notices, and other safety communications.
If you learn that an item may be recalled, counterfeit, contaminated, unlawfully transferred, unsafe, or involved in a serious adverse event, stop use when appropriate, isolate the item, preserve records and identifiers, notify the seller and The Medical Bay, and follow manufacturer and regulator instructions. You are responsible for mandatory device-user-facility, professional, facility, or other reporting duties that apply to you. The Medical Bay's reporting channel does not replace a required report to a manufacturer, FDA, CPSC, licensing board, law-enforcement agency, or other authority.
Communications, seller information, and off-platform conduct
Communicate promptly, accurately, and professionally. Keep material questions, disclosures, eligibility records, condition concerns, delivery instructions, changes, and agreements in The Medical Bay's messaging system whenever possible. Do not harass, threaten, discriminate against, deceive, impersonate, or improperly pressure a seller or another user.
Use seller identity, address, contact, listing, and transaction information only for authorized diligence, purchase, compliance, fulfillment, support, safety, fraud-prevention, or legal purposes. Secure the information, limit access, and do not sell it, publish it, scrape it, add the seller to marketing lists without consent, or use it for unrelated solicitation.
Do not use information or a relationship obtained through The Medical Bay to move a transaction introduced, negotiated, reserved, or accepted on the marketplace to another payment method or channel for the purpose of avoiding fees, records, verification, taxes, or safety controls. You may exchange information reasonably needed for inspection, installation, shipping, service, or compliance, but the transaction must remain on-platform unless The Medical Bay gives written approval.
Reviews and marketplace integrity
Reviews and transaction feedback must reflect your genuine experience and remain accurate, relevant, and lawful. Do not create fake orders, manipulate ratings, demand undisclosed compensation for favorable feedback, threaten a negative review to obtain something not required by the purchase contract, retaliate for an honest review, coordinate deceptive feedback, or disclose private or protected information.
Do not use The Medical Bay for fraud, money laundering, sanctions evasion, stolen payment methods, false eligibility, prohibited acquisition, resale schemes that violate law, or interference with another transaction. The acceptable-use and marketplace-integrity provisions of the Terms of Use also apply.
Monitoring and enforcement
The Medical Bay may, but is not required to, review accounts, offers, orders, communications, payment signals, delivery records, eligibility documents, reviews, and other activity for operational, safety, fraud, payment, policy, or legal purposes. It may request proof of identity, payment authorization, intended use, licensing, facility authority, delivery, inspection, return, or other compliance matters.
If The Medical Bay reasonably believes this Policy has been violated or a transaction presents legal, safety, payment, or fraud risk, it may:
- limit or remove offers, purchasing privileges, messages, reviews, or other features;
- require additional information, documentation, verification, or corrective action;
- cancel or pause an unpaid or unfulfilled transaction where permitted;
- suspend or terminate an account;
- preserve and share information with affected users, payment providers, carriers, insurers, manufacturers, regulators, law enforcement, or rights holders when authorized or required; and
- take other proportionate action permitted by the Terms of Use or law.
Immediate action may be taken when needed to protect users, patients, the public, providers, or the marketplace. You remain responsible for obligations already incurred and for losses or costs arising from your conduct as provided by the Terms of Use, the purchase contract, and applicable law.
Policy changes and order-specific terms
The Medical Bay may update this Policy to reflect legal, safety, product, technology, or business changes. Material changes will apply prospectively after notice or posting unless an earlier change is required by law or necessary to address an urgent safety, security, payment, or fraud risk. Continued buying activity after the effective date of an update constitutes acceptance.
This Policy supplements the Terms of Use, Privacy Policy, Seller Policy, and transaction-specific terms shown on The Medical Bay. If terms conflict, the transaction-specific term controls for that transaction, this Policy controls buyer conduct for the subject it addresses, and the Terms of Use otherwise control. The terms in effect when payment succeeded continue to govern a paid transaction unless the buyer and seller lawfully agree otherwise or a change is required by law.
Contact
Questions, safety reports, transaction notices, and buyer support requests may be sent to:
The Medical Bay LLC
[email protected]
Official resources for buyers
These links are practical starting points and do not replace item-specific legal, regulatory, clinical, or technical advice. Buyers are responsible for using current official sources and complying with every requirement that applies to their equipment, role, facility, location, and intended use.