Rank: Forum user 
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Hi All,
Can anyone offer some guidance, if a second hand forklift truck is being sold by a Company that has not passed the 12 month examination and requires work doing to it, is a Company allowed to sell it on in that condition as "sold as seen". I have trawled some of the guidance in relation to supply of machinery (safety) regs 08 but I am unable to find anything regarding second hand equipment that is not being sold for spare parts.
Any guidance would be appreciated
James
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Rank: Super forum user
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Had the same problem some while back and like yourself could find no real guidance.
My company eventualy sold the item with a written disclaimer / letter which the purchaser signed.
Basically stated that the item was being sold as seen and was currently not considered safe for use. The letter also gave details of the failings and the need for the kit to be repaired and tested prior to any future use etc
Would be interested if anyone else has experience of this as I was never convinced this was acceptable. Although, on the other hand, the "disclaimer" was very clear.
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Rank: Forum user
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Hi
if memory serves me correct, I believe in LOLER the equipment should come with a certificate of thorough examination before it is put into use in the new employers workplace. I.e. The certificate should accompany the equipment, which by implication means it should be part of the deal.
sold as seen is a very weak contractual term as the sale of goods act states it should be fit for purpose (or merchantable quality), last a reasonable length of time do what it says it will do and be as described.
supply of machinery is really aimed at manufacturers not re-sellers as in your case.
hope this helps
Paul
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Rank: Forum user
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The supply of machinery regs didn't cover secondhand machinery (I'm more familiar with the old regs than the new). "Sold as seen" is definitely no defence. See the following link http://www.hse.gov.uk/press/2003/e03124.htmand there's also a SIM 01/2006/03 (go to the HSE website and search) which although for the agriculture sector has some relevant information.
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Rank: Forum user
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Section 6 of the Health and Safety at Work etc Act 1974 will apply to the re-sale (in Great Britain) of all second-hand workplace machinery, however old it is.
Reg 9 of LOLER requires that Every employer shall ensure that no lifting equipment - leaves his undertaking unless it is accompanied by physical evidence that the last thorough examination required to be carried out under this regulation has been carried out.
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