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Posted By Bob Baynes
We are in the unusual position for us of selling a hydraulic press. We didn't intend to, we thought it uneconomic to fit with new light guards when the old ones gave up beyond repair, but someone wishes to make us an offer for it. Well, better than what the scrap man was going to give us. Can we sell it, given that the guards do not work? We bought it at auction, I don't like to think how old it is, probably from the Fifties or Sixties. Is there a form of words that will absolve us from responsibility for anything that may happen and make the buyer responsible for ensuring its safety? Or have we got to sell it for scrap? I probably won't see any replies now till January, so if I don't acknowledge anyones help, I'm not just ignoring you! Happy Xmas to all you readers and writers.
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Posted By Renny Thomson TechSP
One of my colleagues has recently dealt with a similar problem, disposing of machinery from schools that has been replaced as a result of not meeting the stopping time requirement.
I think that the outcome was to offer the equipment as "scrap due to not meeting the Stopping time requirements".
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Posted By Kevin Drew
You need to tread very carefully here. There are no acceptable form of words that you can use yourself such as "sold as seen". I would refer you to an HSE press release regarding the sale of secondhand machinery issued in July'03, http://www.hse.gov.uk/press/2003/e03124.htm.
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Posted By Sean Fraser
Good referal Kevin. Interesting line regarding the failure to "obtain any written undertaking from the user in relation to ensuring safety before use."
So bascially it doesn't prevent you selling it - as long as you ensure the purchaser acknowledges the safety problem and makes a commitment to correct it before putting it into use. Due diligence.
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Posted By Bob Baynes
First day back, just read the responses. Thanks for your help, especially the reference to the HSE site which I would probably not have found by myself. Have advised management of potential liability and await their response.
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