Selling used gear, should i provide a disclaimer

[Brian Pasic]

In selling used dive gear online or other wise is it wise to provide a disclaimer about safety? Would calling it used but in good condition honor some sort of warrant of usability or is that still up to the diver?

Must you specifically warn people about the dangers of used dive gear less you may be held liable for an accident which someone foolishly brought upon themselves?

 

[Jim Lapenta]

Anytime I sell used gear I indicate the condition and whether or not it was recently serviced. You see lots of ads on eBay about having the gear checked, need to be certified, yada yada yada. Fact is that even with that a person who buys it and hurts themselves is responsible but it may not prevent greedy relatives from suing you. Advise them to get it checked and don't worry about it. I don't sell anything used I haven't serviced myself or checked out. I am authorized tech though.

Sent from my DROID X2 using Tapatalk

 

[ams511]

I would say something like this.

Equipment malfunctions are potentially life-threatening situations. By bidding on this auction you agree that you are a certified scuba diver will have this equipment examined by a factory authorized technician before using.

I am not a lawyer but it should get the point across.

 

[kombiguy]

Do you provide a disclaimer when you sell a chain saw, kitchen knives, or a car? Then I wouldn't with a piece of dive gear. While we are often a lawsuit happy society, a homemade disclaimer is going to be more worthless than a professionally written one. And I certainly wouldn't make up some sort of waiver. That's why lawyers are occasionally worth the money. And, yes, I am a lawyer.

 

[kdsmithjr]

In selling used dive gear online or other wise is it wise to provide a disclaimer about safety? Would calling it used but in good condition honor some sort of warrant of usability or is that still up to the diver?

Must you specifically warn people about the dangers of used dive gear less you may be held liable for an accident which someone foolishly brought upon themselves?

I'm not an attorney and my bottom line advice is to consult one for a definitive answer, but common sense (typically worthless in court) would say to tell the buyer that the article is 1/ used, 2. Being sold "as is", 3. Does not include any warrant whatsoever-including an implied weather of merchantability,.4. That the buyer is a certified scuba diver and understand that the use of any scuba equipment carries potentially serious risk of death and/or injury.

Is get then to sign the above. it may not meet "legal" requirements, but it clearly states your conditions attached to sale

 

[sharksdelight]

Unfortunately common sense is not part of our justice system. Sad but true when you think of all the unnecessary legal actions.
Steve

 

[Aqua-Andy]

Do you provide a disclaimer when you sell a chain saw, kitchen knives, or a car? Then I wouldn't with a piece of dive gear. While we are often a lawsuit happy society, a homemade disclaimer is going to be more worthless than a professionally written one. And I certainly wouldn't make up some sort of waiver. That's why lawyers are occasionally worth the money. And, yes, I am a lawyer.

So would you be willing to wright up a disclaimer we can all use when selling dive gear? It would be kinda silly to pay a lawyer $200/hr to draft up a document so you can sell a $75 reg.

 

[kdsmithjr]

So would you be willing to wright up a disclaimer we can all use when selling dive gear? It would be kinda s
silly to pay a lawyer $200/hr to draft up a document so you can sell a $75 reg.

I'm not a lawyer but i think i can read between the counselors lines here. almost anything an amateur would write would not protect you; and anything a lawyer would write would not keep you out of court...though you have much greater chance of prevailing.

I think what i see here is that saying nothing...especially if you are selling typical used gear that you, yourself, would use (i.e., there is nothing outwardly wrong with it)...is that if you said nothing, you would attract a lot less legal attention than if you tried to "protect" yourself. Chainsaws would be percieved to have some potential danger to the average person. if you sold a serviceble new one, and someone using it unsafely got hurt, you want to keep the emphsis on what they did, not on some words that you wrote that have little to do with the accident.

 

[frogman_5]

The rule of thumb for suing is, "go where the money is". Although you may be named in a suit if you were to sell a piece of equipment involved in an accident, you're just the first step on the legal ladder. The defendant that is really the target is the one with the deep pockets. It doesn't pay to sue Blue Collar Bob who just blew all his money on his newest rig. The company who made his old stuff and has a multimillion dollar liability policy is another story. But still, when they drag you in for a deposition it can't hurt to say "I did warn 'em, and I did it in writing too!"

 

[Ricky B]

Common sense does reign in our court system, though to outside observers it might not seem the case.

In any event, I would most certainly include a written disclaimer of "AS IS." If you say that equipment is in good condition, then that is an express warranty that it is in good condition. If you actually know of a defect, then you absolutely should disclose it and a bland disclaimer of AS IS is not likely to protect you.