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McDonnell824  
#1 Posted : 01 March 2017 15:27:00(UTC)
Rank: New forum user
McDonnell824

We are about to replace a large number of chairs from our offices with new ones.

Some staff members have enquired if they can take an old one home for personal use. I am wondering if there are any lasting liability issues if they take a chair and then it becomes defective whilst in their house and injures them or their child for example.

Does anyone have any views on this or know whether there is any guidance out there on if we can let them take the chairs or not? Obviously we are not looking to charge anyone who takes one but want to ensure we are doing the right thing.

All views appreciated, thanks.

gerrysharpe  
#2 Posted : 01 March 2017 15:30:10(UTC)
Rank: Super forum user
gerrysharpe

Sell them for 10p each sold as seen, Liability then passes to the new owner, Don forget to give them a recipt :-)

A Kurdziel  
#3 Posted : 01 March 2017 15:58:30(UTC)
Rank: Super forum user
A Kurdziel

If you supply somebody with something you must be certain that it is safe to use (when you supply it) and if you supply something that has a fault you fully describe the fault (You cannot sell something “As seen”; you have to fully describe it) If the thing you supply has no fault and then it develops a fault due to wear and tear or misuse or anything outside of your control then you cannot be held liable for any loses that result from that. When you buy a car you can assume that the brakes work but you also can assume that they will eventually wear out and need replacing and that is the new owner’s responsibility not the vendor’s

(Supply also included give away for nothing)

thanks 1 user thanked A Kurdziel for this useful post.
gerrysharpe on 02/03/2017(UTC)
Roundtuit  
#4 Posted : 01 March 2017 21:52:50(UTC)
Rank: Super forum user
Roundtuit

Wholly with A Kurdziel on this one liability lies with the market supplier regardless of the money paid even "sold as seen" had a regulatory overhaul in late 2015 under the Consumer Rights Act.

Some may mention "disclaimer waivers" absolutley no defence under law.

Just get beyond the litigation BS and allow the employees to act as sensible adults inspecting for themselves and deciding if they want to support the company waste heirarchy by re-using an ex-works item in their domestic environment as opposed to it heading in to the waste stream.

Or just pay for all of them to be correctly disposed of.

Roundtuit  
#5 Posted : 01 March 2017 21:52:50(UTC)
Rank: Super forum user
Roundtuit

Wholly with A Kurdziel on this one liability lies with the market supplier regardless of the money paid even "sold as seen" had a regulatory overhaul in late 2015 under the Consumer Rights Act.

Some may mention "disclaimer waivers" absolutley no defence under law.

Just get beyond the litigation BS and allow the employees to act as sensible adults inspecting for themselves and deciding if they want to support the company waste heirarchy by re-using an ex-works item in their domestic environment as opposed to it heading in to the waste stream.

Or just pay for all of them to be correctly disposed of.

A Kurdziel  
#6 Posted : 02 March 2017 09:04:02(UTC)
Rank: Super forum user
A Kurdziel

In the civil service we had a scheme (I don’t know if it still running) by which old office furniture was sent to various prisons and the prisoners would refurbish it and send it back for use in government offices.

As I said don’t know if it still running or whether it will take non-civil service furniture.

hannahbilson  
#7 Posted : 02 March 2017 10:57:20(UTC)
Rank: Forum user
hannahbilson

Well, i think you must sold out all furniture and if any of your employee's want something then no other option is best becuse it may likely a good positive attitude to your employees. Also if you take too much time to think to what to do then it can become loss for you because you will buy new and does not use previous which will destroy with dust and weather effects on it also.

chris42  
#8 Posted : 02 March 2017 11:10:12(UTC)
Rank: Super forum user
chris42

Sell them as scrap metal (or spare parts) for 50p for charity. If it is sold as scrap I don't see how they could argue fit for purpose etc. They inspect their scrap before buying it.

Edited by user 02 March 2017 11:11:14(UTC)  | Reason: Missed the R out of scrap

Alan Haynes  
#9 Posted : 03 March 2017 15:06:36(UTC)
Rank: Super forum user
Alan Haynes

Originally Posted by: chris42 Go to Quoted Post

Sell them as scrap metal (or spare parts) for 50p for charity. If it is sold as scrap I don't see how they could argue fit for purpose etc. They inspect their scrap before buying it.

Edited by user 02 March 2017 11:11:14  | Reason: Missed the R out of scrap

Good job it wasn't the S that you missed

thanks 1 user thanked Alan Haynes for this useful post.
chris42 on 03/03/2017(UTC)
Sgallacher27  
#10 Posted : 05 March 2017 22:57:30(UTC)
Rank: Forum user
Sgallacher27

Thought I'd join in with my tuppence worth.

If you were to supply these used chairs for personal use by someone in their own home environment (and they do not work from home for your company) then surely there can't be much of a come back from someone if something goes wrong wth the chair in future. You are not doing this as part of a retailer/consumer relationship and I don't think that handing down a chair as a good will gesture for personal use can be seen as being part of your business or 'undertaking' unless it's seen as an effort to save the business money relating to disposal.

This must be along the same lines as someone who gives a personal belonging to a friend free of charge? I highly doubt that person would take a knowingly old/used chair and then complain or try to sue when it breaks.

Feel free to correct me if I am wrong here as I'm no expert, however this just seems to be the result of this sue everyone for everything culture which has sprung up over the last few years.

Stuart.

Edited by user 05 March 2017 22:59:25(UTC)  | Reason: changed font!

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