Mobility Database

Seller Agreement

Draft version. Effective date: [DATE]

DRAFT FOR ATTORNEY REVIEW. This document has not yet been reviewed by a lawyer. It is not legal advice. Items in [brackets] are still to be filled in.

Used Mobility Market ("we," "us") is run by [LEGAL BUSINESS NAME]. This Seller Agreement applies when you post a listing. By posting, you agree to it.

1. What we are

Used Mobility Market is a place where people post and find used mobility equipment. We are not a buyer, seller, broker, dealer, repair shop, inspector, medical provider or delivery company. We never own or touch your item. We do not take payment. You and the buyer make your own deal.

2. Who can sell

  • You must be at least 18 and able to make a legal contract.
  • You must own the item, or have the legal right to sell it.
  • You may not sell items that are stolen, still under a lease, rental or loan, or paid for by Medicare, Medicaid or an insurer in a way that does not let you resell them. If you are not sure, check first.

3. What you must be honest about

Your listing must be truthful and complete. You must:

  1. Describe the item's real condition, including damage, wear, repairs, missing parts, and anything that does not work.
  2. Say how old it is and how long you used it, if you know.
  3. Say whether the battery, charger, cushion, remote or other parts are included, and the state of the battery if you know.
  4. Use your own photos of the actual item.
  5. State your price and whether it is firm.
  6. Say if the item has been recalled, or that you do not know.
  7. Not hide a problem that affects safety.

4. Things you may not list

  • Anything stolen, counterfeit, or that you do not have the right to sell.
  • Prescription drugs, medicine or oxygen.
  • Items with a known unrepaired safety defect, unless the listing clearly says so and says it is for parts only.
  • Items that are recalled and not repaired, unless clearly marked "for parts only."
  • Anything illegal, or anything our Listing rules ban.
  • Listings that are really ads, scams or attempts to collect personal information.

We may remove any listing at any time without notice.

5. As-is sale; no medical advice

  • You sell the item as-is unless you clearly say otherwise in your listing. If you offer a warranty or a return, you are responsible for keeping that promise.
  • You must not give medical advice or say an item is right for a buyer's condition. Tell buyers to talk to their doctor, therapist or equipment specialist.
  • Used equipment can be unsafe if it is the wrong size or setup. Encourage buyers to have it fitted and checked.

6. Money, meeting and safety

  • You and the buyer decide how to pay. We do not handle money.
  • Do not ship an item before payment clears. Do not accept checks, wires, gift cards, prepaid cards, or overpayments followed by a request to send back the difference. These are common scams.
  • Meet in a public place if you can, or have a friend with you. Be careful about sharing your home address.
  • You are responsible for any taxes that apply to your sale.

7. Delivery

You and the buyer decide how the item gets from you to them: pickup, your own delivery, or a carrier or mover you choose. In Wisconsin and Michigan, the site may offer Mobility City (1853 N Casaloma Dr, Appleton, WI 54913; (920) 504-3960; agbwi@mobilitycity.com) as an optional delivery choice. Mobility City is an independent business. It is not owned by us, it is not our employee or agent, and it is not the only choice. You are never required to use it. See our Delivery Terms. You make your own deal with any carrier, and we are not responsible for what the carrier does.

8. What you give us permission to do

  • You keep ownership of your listing text and photos. You give us a free, non-exclusive right to display, store, copy and show them on the site and in our promotion of the site.
  • You promise that your photos and text are yours or that you have permission to use them, and that they do not break anyone's rights.

9. Contact and privacy

We show only what you choose to show in a listing. Use the site's contact method for first contact with buyers. We will not sell your email. See the Privacy Policy for how we handle your information.

10. Our rights

We may refuse, edit, hide or remove any listing, and close any account, at any time, for any reason, including for scams, repeated complaints, or breaking this Agreement.

11. Limits on our responsibility

  • We do not check listings, sellers, buyers or items, and we do not guarantee that any deal will happen or go well.
  • To the fullest extent the law allows, we are not responsible for any loss, injury, damage or dispute arising from a sale, an item, or a meeting, including any problem with a carrier you choose.
  • To the fullest extent the law allows, our total responsibility to you for any claim is limited to the fees you paid us in the 12 months before the claim, or $100 if you paid none.
  • Some states do not allow some limits. In that case, the limits apply as far as the law allows.

12. You protect us

If a buyer, carrier or other person makes a claim against us because of your listing or your sale (for example the item was not as described, was stolen, or hurt someone), you agree to cover our reasonable costs of dealing with the claim, including legal fees, to the extent the claim comes from your listing or your conduct.

13. Disputes and law

Wisconsin law applies. Claims will be brought in the state or federal courts for [COUNTY] County, Wisconsin.

14. Changes

We may update this Agreement. If we make a big change, we will post it on the site or email you. If you keep listing after that, you accept the update.

15. Contact

Questions or reports: the contact form.