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Posted By Steve Cartwright
We have a number of VDU's which are being sold at auction. What are the legallities with regards to selling the equipment, i.e. can we just say bought as seen. The VDU's have been PAT tested and are fit for purpose.
Thanks in advance for any information.
Steve Cartwright.
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Posted By Alec Wood
If they are still as manufactured, not modified, and have been tested then I would suggest that you have fulfilled your obligations from a safety point of view. Keep some documentation to support you "tested and fit for purpose" statement just in case.
Also check your liability insurance first. You may well not be covered if something does go wrong.
From a sales point of view though, I would still sell them as "sold as seen" just in case any fool thinks they come with a five year warranty!
Alec Wood
Samsung Electronics
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Posted By Karen Todd
Does anyone know what the liability is if you were to give the equipment away, FOC?
For example, if employees had the pick of stuff that was going to be scrapped, e.g. old computer equipment, old office furniture, old machinery.
Karen
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Posted By Alec Wood
Giving stuff away free of charge does not discharge you from your general duty of care.
As we dismantle our UK facility we have given away lots of stuff. I have always encouraged the view that everything which leaves here is sold, even if the price is £0.00, and should be tested or inspected as appropriate beforehand and accompanied by a bill of sale.
Some equipment was sold or given away as scrap. Because it was specifically declared to be unfit, with reasons why, in the sale documents then I believe we have covered ourselves in that regard.
If you tell me what you are giving away then I may be able to send you some of our documentation if relevant.
Alec Wood
Samsung Electronics
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Posted By Kevin Drew
There was a similar thread last December that related to the sale of secondhand machinery. As far as I'm aware the same thing applies to any secondhand work equipment. You cannot use phrases such as "sold as seen" in an attempt to avoid your obligations with regard to the safety of the items sold. I beleive this also applies to work equipment that is given away FOC although I would stand to be corrected. I would refer you to the following http://www.hse.gov.uk/press/2003/e03124.htm.
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Posted By Alec Wood
The machinery supply regulations and others govern the trade in second hand equipment and machinery, but I would not have thought them to be applicable in the case of computer monitors and the kind of bits and pieces we have given away.
I found compliance with the regs to be very straightforward when we were selling off our machinery, mostly a matter of digging out pre-existing paperwork.
In any case, non-compliant equipment can be sold as long as the faults and remedial actions required to correct them have been agreed with both parties and are documented in the sale agreements and associated documentation.
Alec Wood
Samsung Electronics
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Posted By Kevin Drew
Alec,
I far as I'm aware the machinery supply regs do not apply to secondhand machinery. It is section 6 of HSWA that is relevant.
Kevin
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