1. The Service
The Service is a marketplace for diagnostic ultrasound equipment, for Buyers in the United States. A Buyer describes the equipment required in a single request. The Company reviews the request and sends it to approved Vendors, which quote on it without knowing the Buyer’s identity. The Buyer compares the quotes and replies to the Vendors the Buyer chooses.
The Company is not a party to any sale or rental. The Company does not sell, rent, lease or finance equipment, holds no inventory and handles no payment. An agreement to buy, rent, lease or finance equipment is between the Buyer and the Vendor, on the terms they agree.
The Company does not inspect, test or certify equipment, and does not promise that a request will receive any particular number of quotes, or any quote at all.
2. Accounts
- An account is required to submit a request or to quote. The User must provide accurate details and keep them up to date.
- The User must keep the account’s password confidential and is responsible for everything done through the account. A User who believes that another person has used the account should notify the Company at support@buyultrasound.com.
- Each account is for one person. Each member of a Vendor holds a separate account.
- The User must be at least 18 years old and must use the Service for work or business.
3. Acceptable use
In using the Service, the User must not:
- submit false or misleading information, or act in another person’s name without that person’s authority;
- include patient information in a request, a note, a message or a photograph;
- upload anything unlawful, or anything the User does not have the right to share;
- use messages for spam, for harassment, or for any purpose other than the request to which they belong;
- copy the catalog or other content of the Service in bulk, or collect it by automated means;
- attempt to circumvent rate limits, access controls or the anonymity of a request, or interfere with the operation of the Service.
The Company reviews every request before any Vendor sees it, and may decline a request. The Company may remove content, and suspend or close an account, that breaches the Terms.
4. Content submitted by Users
The User is responsible for the content the User submits: requests, quotes, messages and photographs. The User retains ownership of that content. The User permits the Company to store it, to show it to the persons who may see it under the Privacy Policy, and to include quotes on closed requests in the anonymous market ranges the Company publishes.
5. For Buyers
5.1 No charge to Buyers
Buyers pay the Company nothing: not to submit a request, not to receive quotes and not to buy from a Vendor found through the Service.
5.2 Requests
A request places the Buyer under no obligation. The Buyer may withdraw a request from the dashboard until the Company begins its review, and thereafter by email to support@buyultrasound.com. The Buyer is not required to reply to any quote or to buy anything.
5.3 Replies
A Buyer chooses a Vendor by replying to its quote. Once quoting has closed, the Buyer may reply to any quote that still stands. The Vendor to which the Buyer replies receives the Buyer’s name, email address and message, and no other Vendor receives anything. A reply cannot be withdrawn, and it is not a purchase. Any agreement the Buyer then makes with the Vendor is between the Buyer and the Vendor.
5.4 Quotes
Each quote is the Vendor’s own. Its price, the system’s condition and year, the warranty, probes, inspection, delivery and installation, and the date until which the quote stands are stated by the Vendor, not by the Company. The Buyer should confirm every term material to the Buyer with the Vendor, in writing, before making any commitment.
5.5 Market ranges and catalog information
Market ranges and catalog information are provided for information only. A market range summarizes past quotes on closed requests. It is not an offer, an appraisal or a promise of any price. Specifications in the catalog are drawn from manufacturers’ published material and may contain errors.
6. For Vendors
This section sets out the participation terms for every Vendor that quotes on the marketplace. They apply alongside the approval terms the Company agrees with each Vendor, which set out the fee.
6.1 Approval
A business may quote only once the Company has approved it. A business may apply using the application form, or the Company may invite it. The Company reviews every application and may approve or decline it. The Company’s review may include checking the business’s registration and standing, its references, its warranty terms and its service capability.
Approval permits the Company to send requests to the Vendor and permits the Vendor’s members to use the vendor portal. The Vendor must keep its details, its contact address and the states it serves up to date.
6.2 What a Vendor may quote
- Only FDA-cleared equipment. The catalog lists cleared models, and a system quoted from outside the catalog must also be FDA-cleared.
- Only what the Vendor can supply: the software level, licensed options and probes as they are on the unit offered, and its true condition and year.
- Only one of the kinds the Buyer requested: new, preowned or rental.
6.3 Quoting
- Quoting is blind. A Vendor sees a request’s details under a request code, not the Buyer’s identity, and never sees another Vendor’s quote or name.
- A Vendor has one standing quote per request. While quoting is open, the Vendor may correct or withdraw it. A correction replaces the quote, and the earlier version remains on record.
- When quoting closes, quotes are frozen. Thereafter, only the Company may withdraw a quote.
- A quote stands until the date it states. The quote form proposes a date fourteen days from entry, which the Vendor may change. The Vendor must honor the quote until that date. A price that changes after a Buyer replies is grounds for removal.
6.4 Contact with Buyers
- A Vendor must not attempt to identify or contact a Buyer before that Buyer replies to it. Any such attempt ends the Vendor’s participation.
- When a Buyer replies, the Vendor receives the Buyer’s name, email address and message. The Vendor may use them only to deal with that Buyer about that request, and must not add them to a marketing list or pass them to any other person.
- A Vendor must not circumvent the marketplace. A sale or rental to a Buyer who reached the Vendor through a request on the Service counts as a sale through the marketplace, wherever it is completed, and the fee applies to it.
- A Vendor must deal with Buyers honestly and professionally, in messages and outside them.
6.5 Fees
A Vendor pays a fee only on completed sales and rentals. No charge applies to joining, to receiving a request or to quoting on one, and Buyers pay nothing at any point. The fee, and how and when it is reported and paid, are set out in the Vendor’s approval terms.
6.6 Suspension and removal
The Company may remove a Vendor’s approval if the Vendor breaches the Terms or its approval terms, if Buyers raise problems the Company cannot resolve, or if, in the Company’s reasonable judgment, the Vendor is no longer a fit for the marketplace.
When approval is removed, the Company stops sending requests to the Vendor, the Vendor’s members lose access to the vendor portal, and the Vendor can no longer enter or correct a quote. Quotes the Vendor has already made remain on their requests: Buyers can still see them and reply to them, they still count toward market ranges, and the Company may withdraw any of them. A fee owed on a sale or rental that arose from a request on the Service remains owed.
7. The catalog and the content of the Service
The design, text and catalog of the Service belong to the Company or to those who license them to the Company. Manufacturer names, model names and trademarks belong to their owners and are used only to identify equipment. Their appearance on the Service does not mean that any manufacturer endorses, partners with or supplies the marketplace.
A User may read, print and share pages and comparisons for the User’s own purchasing decisions. A User must not republish catalog content in bulk.
8. No warranty
The Service is provided as it is. The Company works to keep the Service accurate and available, but does not promise that it will be free of errors or always available. The Company gives no warranty concerning any Vendor, any equipment or anything a Vendor states, and none concerning the outcome of a request.
9. Limitation of liability
To the extent the law allows, the Company is not liable for indirect or consequential losses, for lost profits or business, or for any loss arising from a sale, rental, lease or financing agreement between a Buyer and a Vendor, or from equipment supplied under one. The Company’s total liability to the User for anything arising from the Service is limited to the fees the User paid the Company in the twelve months before the claim.
Nothing in the Terms limits a liability that the law does not allow to be limited.
10. Ending use of the Service
A User may stop using the Service at any time. A User may close an account by email to support@buyultrasound.com, and the Privacy Policy sets out what is retained. The Company may suspend or close an account that breaches the Terms. The sections on content submitted by Users, fees owed, no warranty and limitation of liability continue to apply after an account is closed.
11. Changes to the Terms
The Company may change the Terms. When it does, it will change the date at the head of this page, and the version in force is always the one at buyultrasound.com/terms. A User who continues to use the Service after a change is bound by the changed Terms.
12. Contact
Buyultrasound.com LLC. Questions about the Terms, and all other matters: support@buyultrasound.com.