Seller Policy

Seller 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 seller account. You may sell only from an account that accurately identifies the seller responsible for the listing and transaction.

• Provide complete, current, and truthful identity, contact, business, tax, banking, licensing, and ownership information.
• Keep login credentials secure and promptly report suspected unauthorized access.
• Maintain every license, permit, registration, accreditation, and authorization required for your activities and inventory.
• Do not use another person's account, conceal the true seller, create accounts to evade restrictions, or sell while suspended.
• Respond promptly to compliance, safety, payment, tax, transaction, and identity-verification requests.

If the INFORM Consumers Act or another marketplace-transparency law applies to you, you must timely provide the information, certifications, and updates The Medical Bay requests and permit disclosures required by law. The Medical Bay may suspend selling privileges when required information is missing, outdated, unverifiable, or not timely confirmed.

The marketplace's role

The Medical Bay provides technology that allows independent buyers and sellers to find each other, communicate, and transact. Unless The Medical Bay expressly states otherwise for a specific service, The Medical Bay does not own, possess, inspect, test, appraise, certify, refurbish, package, ship, prescribe, or take title to listed equipment. It is not the buyer, seller, consignor, manufacturer, importer, clinical provider, broker, distributor, or escrow agent for a transaction.

The seller, not The Medical Bay, is the merchant of record and the contracting seller. The seller is responsible for product legality, buyer eligibility, customer service, fulfillment, warranties, returns, refunds, complaints, taxes, and payment disputes. The Medical Bay may review listings or request documentation, but doing so is not an inspection, endorsement, credentialing decision, or guarantee of an item, seller, buyer, or transaction.

Payments, payouts, and marketplace fees

Sellers must connect and maintain an eligible Stripe account with charges enabled. Payments are processed as direct charges on the seller's connected Stripe account. Stripe's agreements, verification requirements, processing fees, reserves, payout schedule, refund mechanics, and dispute rules also apply. A seller may not ship until The Medical Bay shows the order as paid or otherwise confirms that the applicable payment has succeeded.

• Marketplace fee. The Medical Bay charges 8% of the item sale price, capped at $2,500 per order. The fee is deducted from seller proceeds; it is not an additional buyer fee.
• Other charges. Stripe processing fees, dispute or chargeback fees, bank fees, shipping-label charges, freight, insurance, taxes, and other third-party costs are separate from The Medical Bay's marketplace fee and are not included in its $2,500 cap.
• Unpaid or canceled orders. No marketplace fee is earned on an order that is canceled before successful payment. A paid order is subject to the refund rules below.
• Full refunds. When the buyer receives a successful full refund through the original marketplace payment, The Medical Bay returns the marketplace fee to the seller unless the refund arose from, or the transaction involved, a seller violation of this Policy. Examples include a prohibited or recalled item, material misrepresentation, failure to verify a regulated buyer, nonfulfillment, counterfeit or stolen goods, or fee avoidance.
• Partial refunds. Unless a seller-policy violation applies, The Medical Bay reduces or returns its marketplace fee in proportion to the portion of the item price refunded through the original marketplace payment.
• Nonrefundable third-party costs. A marketplace-fee refund does not include Stripe processing fees, dispute fees, shipping or carrier charges, insurance, taxes already remitted, or other third-party amounts unless the applicable provider returns them.

Refunds made outside the original marketplace payment may not be recognized for marketplace-fee adjustments. Sellers must use the refund process made available for the order or contact support before sending funds by another method. Fee changes apply prospectively; the fee terms in effect when an order is paid govern that order.

Listing standards

Every listing must describe the actual item offered and give a reasonable buyer enough information to evaluate it. At minimum, disclose:

• manufacturer, model, item type, quantity, and serial number or unique device identifier when applicable and appropriate;
• actual condition, age or manufacture year if known, operating status, known defects, damage, error codes, and limitations;
• whether the item has been tested, serviced, calibrated, refurbished, remanufactured, reprocessed, or sold for parts or repair;
• what is and is not included, including accessories, probes, cables, manuals, licenses, batteries, consumables, and packaging;
• service, maintenance, calibration, recall-correction, and ownership history when known and material;
• location, handling time, shipping or freight requirements, warranty, and return terms;
• every restriction on sale, installation, operation, software use, export, prescription use, or transfer known to the seller.

Photos must accurately depict the item being sold. Stock photos must be clearly identified and may not substitute for current photos where condition matters. You must have rights to all text, images, specifications, and other content you upload.

Descriptions and claims must be truthful, not misleading, and supported before publication. Do not use terms such as "FDA approved," "FDA cleared," "certified," "calibrated," "sterile," "patient-ready," "new," or "refurbished" unless the precise claim is accurate, current, and documented. FDA registration or listing is not the same as FDA approval. A condition label never replaces full disclosure of known issues.

Seller representations for every item

Each time you list, accept payment for, or transfer an item, you represent and warrant that:

• you own the item or are authorized by its owner to sell it, and you can transfer good title free of undisclosed liens or claims;
• the item was lawfully acquired and is genuine, not stolen, not counterfeit, and does not have an altered or obscured identifier;
• the listing and all transaction communications are complete and accurate in every material respect;
• the item and its sale, advertising, packaging, shipment, and intended transfer comply with applicable federal, state, and local law;
• the item is not subject to an active recall, safety notice, correction, removal, seizure, ban, or sale restriction that makes the transaction unlawful;
• all required labels, warnings, instructions, and material safety information remain with the item and have not been unlawfully changed;
• any software, subscription, cloud feature, service agreement, or intellectual-property right described as included is lawfully transferable;
• you have disclosed every known fact that would materially affect legality, safety, value, operation, installation, or buyer use.

Regulated and prescription equipment

You are responsible for determining how an item is classified and what restrictions apply. This includes FDA requirements, state professional-practice and facility rules, radiation-control requirements, manufacturer restrictions, and any rules governing installation, servicing, calibration, reprocessing, distribution, or operation.

A prescription device subject to 21 C.F.R. Section 801.109 may be sold only to a licensed practitioner or on the prescription or other lawful order of an authorized practitioner, as applicable. Before transfer, the seller must take reasonable, documented steps to verify the buyer's identity and legal authority to acquire the device. Depending on the item and jurisdiction, verification may include:

• the buyer's legal name, facility, role, business address, and intended professional use;
• an active professional or facility license checked against an official licensing source;
• a valid prescription, purchase order, or other practitioner order when required;
• any state-specific permit, radiation registration, controlled-equipment authorization, or proof of supervised use;
• documentation sufficient to show why the transfer was lawful on the date it occurred.

A profile field, badge, platform attestation, payment, email domain, or statement from the buyer may support verification but does not, by itself, relieve the seller of this duty. The Medical Bay does not guarantee a buyer's licensure, authority, intended use, or continuing eligibility. Do not ship or deliver until verification is complete. Keep verification records for the period required by law and long enough to address a recall, audit, dispute, or safety inquiry. Do not upload or request unnecessary patient information.

Prohibited and restricted items

You may not list, sell, or transfer through The Medical Bay:

• an item subject to an active FDA, CPSC, manufacturer, or other safety recall, correction, removal, stop-sale notice, or field action that prohibits or limits sale;
• a counterfeit, stolen, illegally imported, banned, adulterated, misbranded, fraudulently relabeled, or unlawfully modified item;
• an item with removed, altered, or concealed serial numbers, ownership marks, safety labels, warnings, or unique device identifiers;
• prescription or otherwise restricted equipment when you cannot complete and document legally sufficient buyer verification;
• drugs, pharmaceuticals, controlled substances, biologics, human tissue, organs, blood, specimens, or radioactive material;
• an implanted or explanted device, or a used single-use device, unless its resale and reprocessing are expressly lawful and performed and labeled by a properly authorized entity;
• expired sterile goods, compromised sterile packaging, contaminated equipment, or an item that cannot be safely and lawfully decontaminated for transfer;
• equipment containing patient or other protected data, active credentials, unauthorized software, malware, or disabled or bypassed safety controls;
• an item that cannot lawfully be packaged, transported, installed, possessed, or used at the destination;
• anything The Medical Bay identifies as prohibited or requiring prior approval because of legal, safety, fraud, or platform risk.

An item that is inoperable or unsafe for clinical use may be listed only if the transfer itself is lawful and the listing conspicuously states "for parts or repair only - not for patient use" and fully describes the condition. That label does not make an otherwise illegal transfer lawful.

Recalls and safety events

Before listing and again before shipment, check the item's manufacturer and identifiers against applicable recall and safety sources, including FDA and CPSC databases. If you learn of a recall, correction, removal, safety alert, counterfeit concern, or adverse event affecting a listed or sold item, immediately pause the transaction, notify The Medical Bay and the buyer, preserve relevant records, and follow the manufacturer and regulator's instructions. Do not relist until the matter is resolved and resale is lawful.

Cleaning, reprocessing, servicing, and data removal

Before transfer, clean, disinfect, decontaminate, sterilize, package, and document the item as required by its labeling, manufacturer instructions, applicable infection-control standards, transport rules, and law. Never claim sterility without a valid, documented process and intact packaging. Disclose the method and date of cleaning or reprocessing when material to safe handling.

If you serviced, refurbished, rebuilt, reprocessed, relabeled, repackaged, or changed an item, accurately describe the work, who performed it, and whether non-OEM parts were used. You are responsible for determining whether the work constitutes servicing, remanufacturing, or another regulated activity and for satisfying any resulting FDA registration, listing, quality-system, reporting, labeling, or other obligations.

Remove all patient information, protected health information, customer data, network credentials, user accounts, stored images, logs, and other nontransferable data before listing or shipment. Use a method appropriate to the device and applicable privacy and security rules. A factory reset is not sufficient if data remains recoverable elsewhere. The seller is responsible for data-breach, privacy, and confidentiality obligations.

Orders, offers, and fulfillment

Keep inventory and availability current. After successful payment, promptly reserve the exact item, remove conflicting listings, and perform the transaction on the agreed terms. Do not substitute another unit, alter the price, remove included components, or add undisclosed charges. Accepted offers and paid Buy Now orders must be honored unless cancellation is required by law, safety, failed verification, payment failure, or another legitimate reason documented to the buyer and The Medical Bay. Repeated avoidable cancellations may result in restrictions.

Communicate promptly and professionally. Keep material representations, buyer-verification decisions, changes, and agreements in The Medical Bay's messaging system whenever possible. Do not harass, threaten, discriminate against, or mislead another user.

Shipping, freight, and delivery

The seller is responsible for safe, lawful, and timely fulfillment. The seller must:

• ship only after payment success and any required buyer verification are confirmed;
• use the order address unless The Medical Bay authorizes a documented change;
• package the item for its weight, fragility, contamination risk, batteries, fluids, compressed gases, radiation components, and other hazards;
• comply with carrier, freight, hazmat, customs, export-control, and destination rules;
• provide accurate shipment dimensions, weight, carrier, tracking, freight documents, and handling information;
• purchase insurance or special handling appropriate to the item's value and risk, and cooperate with loss or damage claims;
• retain proof of condition, packaging, handoff, tracking, delivery, and buyer communications.

The Medical Bay currently supports United States transactions only unless it expressly approves another arrangement. Do not export, re-export, or route equipment internationally through a domestic intermediary in violation of law or platform restrictions.

Returns, refunds, and transaction problems

State your return and warranty terms clearly in the listing and honor them. Those terms do not limit rights or remedies that cannot lawfully be waived. Respond promptly to claims involving non-delivery, shipping damage, material misdescription, missing components, safety, authenticity, title, buyer eligibility, or legal compliance. Cooperate in good faith and provide requested records.

Use the original marketplace payment process for refunds. When a paid order is fully refunded, The Medical Bay refunds its 8% marketplace fee to the seller unless the refund arose from, or the transaction involved, the seller's violation of this Policy. Partial marketplace-fee adjustments are proportional to the refunded item price unless a seller violation applies. Other provider, carrier, tax, or dispute costs may remain nonrefundable.

Before relisting returned equipment, inspect it, repeat recall and eligibility checks, remove any newly stored data, and perform any cleaning, testing, or decontamination required for a lawful and accurate resale.

Chargebacks and disputes

Because the seller is the merchant of record, the seller is responsible for payment disputes, chargebacks, refunds, complaints, Stripe fees, and any negative balance associated with the seller's connected account, subject to Stripe's terms and applicable law. Respond by the stated deadline and provide accurate listing, communication, verification, shipping, delivery, and return evidence. The Medical Bay may share records or facilitate communication but does not guarantee a result and does not replace Stripe's dispute process.

The Medical Bay does not provide escrow, inspect returned goods, decide clinical suitability, guarantee title, or promise independent buyer protection unless a separate written program expressly says otherwise. Buyers and sellers remain responsible for resolving transaction issues and exercising their rights through the payment provider, carrier, insurer, manufacturer, regulator, court, or other appropriate channel.

Taxes and records

You are responsible for determining and satisfying tax, invoicing, reporting, registration, exemption-certificate, and recordkeeping obligations arising from your sales, except to the extent The Medical Bay or a payment provider is legally required to collect, report, withhold, or remit an amount. Provide accurate tax information and do not interfere with required collection or reporting. Keep transaction and compliance records for the period required by law.

Buyer information and privacy

Use buyer identity, address, contact, licensing, and transaction information only to evaluate lawful eligibility, fulfill the order, provide support, prevent fraud, meet legal duties, or as otherwise authorized by the buyer. Secure the information, limit access, and delete or return it when no longer needed or legally required. Do not sell it, add the buyer to marketing lists without consent, or use it to solicit unrelated business.

Do not request or send patient records, diagnoses, prescriptions containing unnecessary patient details, or other protected health information through ordinary marketplace fields or messages. If a lawful transaction requires sensitive documentation, minimize the information and use an appropriate secure process.

Fee avoidance and off-platform conduct

Do not use information 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, 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. You may not add a surcharge to recover the marketplace fee from the buyer.

Reviews and marketplace integrity

Do not create or arrange fake orders, manipulate reviews, offer undisclosed compensation for a favorable review, retaliate for an honest review, copy another seller's listing, misuse another person's identity, interfere with another transaction, scrape user information for solicitation, or use the marketplace for fraud, money laundering, sanctions evasion, or unlawful activity.

Monitoring and enforcement

The Medical Bay may, but is not required to, review listings, communications, account information, transaction records, and documentation for safety, legal, fraud, payment, and policy purposes. It may request proof of ownership, condition, servicing, recall status, licensure, buyer verification, shipment, tax status, or other compliance matters.

If The Medical Bay reasonably believes this Policy has been violated or a transaction presents legal, safety, or fraud risk, it may:

• edit, hide, reject, or remove a listing or category;
• pause publication or require additional disclosures, documentation, verification, or corrective action;
• restrict features, cancel an unfulfilled order where permitted, suspend selling, or terminate an account;
• decline or reverse a marketplace-fee refund when the transaction involved a seller violation;
• preserve and share information with affected users, payment providers, manufacturers, carriers, insurers, regulators, law enforcement, or rights holders when authorized or required;
• take other proportionate action permitted by the governing terms or law.

Enforcement decisions may consider the seriousness of the issue, safety impact, intent, history, cooperation, corrective action, and legal obligations. Immediate action may be taken when needed to protect users, patients, the public, or the marketplace.

Seller responsibility and indemnity

To the fullest extent permitted by law, you are responsible for claims, losses, recalls, injuries, property damage, data incidents, taxes, fines, penalties, refunds, chargebacks, and costs arising from your listings, equipment, conduct, transaction, buyer-verification decision, or violation of this Policy. You will defend, indemnify, and hold harmless The Medical Bay LLC and its affiliates, officers, directors, employees, contractors, and agents from third-party claims and reasonable costs, including attorneys' fees, arising from those matters, except to the extent caused by an indemnified party's gross negligence or willful misconduct where that exception is required by law. Any broader indemnity, disclaimer, or limitation in the Terms of Use also applies.

Policy changes and order-specific terms

The Medical Bay may update this Policy to reflect legal, safety, product, 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 or fraud risk. Continued selling after the effective date of an update constitutes acceptance. For a paid order, the marketplace-fee and fee-refund terms in effect when payment succeeded will govern that order.

This Policy supplements the Terms of Use, Privacy Policy, and any transaction-specific terms shown on The Medical Bay. If a transaction-specific term expressly conflicts with this Policy, the more specific term controls for that transaction; otherwise, this Policy controls seller conduct.

Contact

Questions, compliance notices, recall reports, and seller support requests may be sent to:

The Medical Bay LLC
[email protected]

Official resources for sellers

These links are provided as practical starting points and do not replace item-specific legal or regulatory advice. Sellers are responsible for using current sources and complying with all requirements that apply to their equipment and transaction.

• 21 C.F.R. Section 801.109 - Prescription devices
• FDA Medical Device Recalls and Early Alerts
• FDA Medical Device Recall Database
• CPSC recall search and resale guidance
• FTC guidance for third-party sellers under the INFORM Consumers Act
• FDA guidance on remanufacturing and servicing medical devices
• HHS guidance on electronic protected health information and reused equipment
• Stripe Connected Account Agreement

This Policy is intended for publication as part of The Medical Bay's marketplace terms. It is not a substitute for legal advice to any seller.