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Nisar19240  
#1 Posted : 26 May 2011 11:49:13(UTC)
Rank: New forum user
Nisar19240

Hi, I am not sure how to put it in writing to make more sense out of it. Would the employer be accountble for selling the old equipment to staff or anyone else. For example a school's textile department has got sewing machines and overlocking machines which they are not using anymore and these are in working order but have not been serviced. a few staff have shown intrest in buying them. If the school decides to sell them on resale value or on a scrap value whould the school be liable for if shomething went wrong or user had an an accident due to malfunctioning of the equipment.
achrn  
#2 Posted : 26 May 2011 12:00:43(UTC)
Rank: Super forum user
achrn

We have done similar. We obtain a signed written declaration from the person in question to the effect that they understand that the equipment is unchecked, unserviced and needs a safety inspection (at the purchasers expense) before being used for any purpose. The declaration is retained on file. We decided not to do it for some equipment that has basically no purpose other than a critical safety function - fall arrest devices, for example. Beware tax benefit-in-kind rules too, if you sell them at less than market rate.
Guru  
#3 Posted : 26 May 2011 12:01:02(UTC)
Rank: Super forum user
Guru

This question has came up before (or similar), I did a quick search on the forum and found this thread. http://forum.iosh.co.uk/...aspx?g=posts&t=96982
Ron Hunter  
#4 Posted : 26 May 2011 13:07:07(UTC)
Rank: Super forum user
Ron Hunter

This is "supply" in a legal context and the supplier cannot escape all legal responsibility via disclaimer.
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