This ebay seller endangers people by passing off used medical equipment as new.
Ebay Seller, Medproductsdepot, offered for sale on ebay the following item for $849:
Brand new roche coaguchek xs pt/inr monitor 48 test strips
Item
Condition: New
Condition: New: A brand-new, unused, unopened, undamaged item
Sellers offer further stated:
This NEW In-The-Factory-Sealed carton
CoaguChek XS system reduces the headache of oral anticoagulation management, is
CLIA waived, and is incredibly easy to use!
Why buy an old (used?) CoaguChek from others, when you can have the NEWEST MODEL CoaguChek XS for less???
We are an authorized CoaguChek XS Dealer, unlike most of the folks selling these here on Ebay, so your unit's warranty will be honored by Roche Diagnostics!
Buyer took delivery of Coaguecheck unit on February 23 by US Postal Service.
Upon opening the device it was discovered to be non conforming to the Sellers description as the unit was loose in the shipping box with what appeared to a copy on 8.5 by 11 inch paper of a manual. The box of test strips had been opened. And an old test strip code not matching the opened box of test strips was already inserted in the device.
On February 23 and 24, Buyer queried Seller about the condition of the item (all communication between Buyer and Seller noted below was through ebays own message system and is available for inspection).
Seller responded as follows
1. The item was not in a factory sealed box because: we get these kits from our Roche rep, and that is what he gave us this time.
2. Lack of a manual and CD was answered: Actually seems better to me, nobody ever uses the DVD, they usually look at a paper version more often.
3. Seller denied the box of test strips was open.
On February 27 Seller claimed the old test code was in the unit because: I am sure it was just a case of the Roche rep here running some sort of test on it for some reason.
Buyer then contacted Roche directly speaking with customer service and warranty service. Roche representatives stated the following:
1. New units cannot be sold on ebay due to federal restrictions on sale of new medical devices and that the Medical Products Depot LLC is not an authorized seller of this device in new condition.
2. New units are shipped in a special sealed box and include training materials.
3. New units do not have old test codes inserted in them for testing.
4. Roche took the units serial number and indicated the unit was used.
5. The unit is not covered by Roches warranty
6. The unit may be inaccurate and a biohazard due to being exposed to human blood.
7. Buyer should dispose of the unit as it was a biohazard and potentially dangerous due to inaccurate readings. Note See:
Bloodborne Pathogens Standard 29 CFR 1910.1030 et seq.
Seller responded as follows:
1. The unit and test strips are new and that Buyer could return the new items for a refund.
2. Seller if a Roche authorized reseller but uses a different name known only to Roche and ebay: We are an authorized Roche dealer, we simply choose not to use our full company name on eBay, but eBay and Roche are both aware of who we are.
Buyer asked the seller for their full name and contact information Seller did not comply.
Buyer indicated they could not return new items because the items shipped were potentially a biohazard, already used, and a
danger to other if resold.
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