Terms of Service

1. Acceptance of Terms

By accessing or using the Florida Medical Surplus website ("Site") or submitting any items for purchase, you ("Seller" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use this Site or sell any items to Florida Medical Surplus ("Company," "we," "us," or "our").

2. Eligibility

To sell items to Florida Medical Surplus, you must:

• Be at least 18 years of age or the legal age of majority in your jurisdiction
• Be a legal resident of the United States with a valid U.S. shipping address
• Provide accurate, complete, and current information about yourself and your items
• Be the lawful owner of the items you are selling or have legal authority to sell them on behalf of the owner

3. Ownership, Legality & Fraud Prevention

1. You are the rightful, legal owner of all items submitted, or have explicit authority from the lawful owner to sell them
2. The items are not stolen, fraudulently obtained, or acquired through any unlawful means
3. The items were not obtained through Medicaid, Medicare, or any government program where resale is prohibited under the program's terms
4. The items are not subject to any insurance claim, return, or refund
5. You have not been reimbursed or paid for these items by any insurance company in a manner that would prohibit their resale

Florida Medical Surplus reserves the right to report suspected stolen or fraudulently obtained items to law enforcement and to cooperate fully with any investigation. Submission of stolen items may result in criminal prosecution.

4. Item Condition Requirements

All items submitted must meet all of the following condition standards:

• Factory sealed in original, unopened manufacturer packaging
• Unexpired with a clearly readable expiration date
• No tampering, damage, or alteration to packaging or seals
• No water damage, stains, tears, or soiling of any kind
• Original lot numbers and barcodes intact and readable
• Stored properly at room temperature in a dry environment (CGM sensors and certain items have specific storage requirements detailed on packaging)

Items that do not meet these standards will not be paid for and may be donated or disposed of as outlined in Section 9.

5. Quote & Pricing

Payouts displayed on the Site are guaranteed estimates based on the information you provide, subject to verification upon receipt and inspection.

Your guaranteed payout will be honored if and only if the items received exactly match the items you submitted in terms of brand, product, quantity, expiration date, and condition.

Prices are subject to change at any time, but any order already submitted will be honored at the rate locked in at submission, provided items are shipped within 14 days.

6. Shipping

Florida Medical Surplus provides prepaid shipping labels via USPS or FedEx at no cost to you. By using our prepaid label, you agree that:

• You are responsible for proper packaging of items to prevent damage in transit
• You will ship items within 14 calendar days of receiving your prepaid label
• You may not include any prohibited items (insulin, prescription medications, controlled substances, hazardous materials, or any item we do not advertise as accepted)
• Risk of loss during transit is split: we cover lost packages once scanned into the carrier system; you are responsible until first carrier scan
• Items damaged due to improper packaging on your end may be reduced in payout or rejected

7. Inspection Process

Upon receipt, all items are inspected for:

• Match to original order submission
• Condition (sealed, unexpired, undamaged)
• Authenticity and integrity of packaging
• Compliance with all condition requirements in Section 4

Inspection is typically completed within 1–2 business days of receipt. We reserve the right to take longer for complex orders or quality concerns.

8. Payment Terms

Once items pass inspection, payment is released within 1 business day via the method you selected at checkout:

• Zelle
• PayPal
• Venmo
• Cash App
• ACH direct deposit
• Business check (mailed)

You are responsible for providing accurate payment information. Florida Medical Surplus is not liable for payments sent to incorrect accounts, phone numbers, or addresses provided by you.

Tax reporting: You are solely responsible for reporting any income from sales to applicable tax authorities. Florida Medical Surplus will issue a 1099 form to sellers receiving over $600 in payments in a calendar year as required by law.

9. Rejected Items

Items that do not meet our condition standards will be classified as "Rejected." For rejected items:

• You will be notified within 1 business day of inspection
• You may choose to: (a) accept an adjusted payout for accepted items only, with rejected items donated or disposed of, OR (b) request return shipment within 7 days of notification, at a return shipping cost of $10 per package
• If you do not respond within 7 days, rejected items will be donated to charity or disposed of in accordance with applicable medical waste regulations

10. Right to Refuse Service

Florida Medical Surplus reserves the right to refuse any transaction at our sole discretion, including but not limited to:

• Suspected fraud or stolen merchandise
• Items not advertised as accepted on our Site
• Sellers who have previously violated these Terms
• Items that violate local, state, or federal law
• Repeated submissions of items not meeting our condition standards

11. Disclaimers

We do not buy, sell, or distribute prescription medications, including insulin. We do not provide medical advice. Nothing on this Site should be construed as medical, healthcare, or treatment advice. Always consult a qualified healthcare provider for medical decisions.

This Site and all services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

12. Limitation of Liability

To the maximum extent permitted by law, Florida Medical Surplus, its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of this Site or sale of items to us.

Our total cumulative liability to you for any claim arising from these Terms shall not exceed the total amount paid to you in the 90 days preceding the claim.

Some jurisdictions do not allow the limitation of certain damages, so portions of this section may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Florida Medical Surplus and its owners, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including attorneys' fees) arising out of:

• Your breach of these Terms
• Items you submit that are stolen, counterfeit, expired, or otherwise non-compliant
• Any misrepresentation made by you
• Your violation of any law or third-party rights

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute arising from these Terms or your use of the Site shall be resolved through:

1. Good-faith negotiation between the parties for at least 30 days
2. If unresolved, binding arbitration conducted by the American Arbitration Association in Hillsborough County, Florida
3. You waive any right to participate in a class action against Florida Medical Surplus

15. Changes to These Terms

We may modify these Terms at any time. Changes take effect when posted. Your continued use of the Site after changes constitutes acceptance of the new Terms. We will notify users via email of material changes when possible.

16. Contact Us

If you have questions about these Terms, contact us:

• 📧 Email: info@floridamedicalsurplus.com
• 📞 Phone: (813) 000-0000