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Posted By james jenkins
Newbie here.
A quick question for some of you H&S experts.
I am manager of a Leisure Centre and we have just had a refit of the Gym with all new fitness machines.
I have beentold by higher management to get rid of the old machines, sale or auction, as the original suppliers dont want to buy it back.
Would there be any H&s issues regarding these machines that I should be aware of if I advertise them, or should I sell them as spares only to be on the safe side.
thanx in advance.
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Rank: Guest
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Posted By mark limon
Our gym puts any old equipment up for sale by sealed auction on a bought as seen basis.
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Rank: Guest
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Posted By Bob Youel
Sellers do have duties under common, civil and consumer law to ensure that products are 'fit for purpose'
Also H&Safety and Environmental law may come into play e.g. WEEE etc
Old kit can be more costly to get rid of than people expect, noting that your supplier of new kit did not want to know
Get some competent advice
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Rank: Guest
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Posted By Mitch
Legally there is no basis for "bought as seen" the supplier has the responsibility that equipment is safe for use, depending which piece(s) of legislation cover that area.
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Rank: Guest
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Posted By Andy L
I think the issue here is Caveat Emptor - there is no reason why you cannot sell the equipment on - this happens everyday in industry.
If it is sold to another business, the business takes on reponsibilities under PUWER etc. If it goes privately, HSW does not apply.
The only issue I can see is potentially a civil claim if you knowingly sell on something that is unsafe or misrepresented. As long as this is not the case, I don't see a problem.
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