Rank: Forum user 
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I have tried a search but did not get anything sensible.
I have been asked by our IT manager to provide a disclaimer. Essentially they have a large monitor that is no longer required and somebody wants it. I have been asked to formulate a disclaimer basically saying that it was OK when we gave it away and it anything nasty happens it is not our fault.
The monitor will be PAT tested prior to handing over. Is this sufficient? I feel that there are additional issues. Please can anyone advise.
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Rank: Super forum user
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Wavy - you are right to be cautious; some or all of the following may apply; Sale & Supply of Goods Act; Consumer Protection Act; Health & Safety at Work Act; Trades Descriptions Act; Electrical Equipment (Safety) Regulations; Unfair Contract Terms Act. There are liabilities for both parties that need to be clarified otherwise the "purchaser" may inherit the liabilities from any previous incidents or faults. The product could be sold or donated for reuse "as seen" or caveat emptor (buyer beware). In any case the disclaimer wording may need some legal opinion to avoid any pitfalls later. The PA test may not be enough, the product should go to the new owner complete with all service records, maintenance records, instruction manuals etc. Have a quick search on your local trading standards site they usually provide some excellent guidance for reusing/donating goods. Hope that helps.
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Rank: Super forum user
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Come off it there is no need to PA test it if the kit is in good working order then why not allow the employee to take it home. This is where the silly becomes the norm i'm afraid. The kit is in good working order and provided checks are made to confirm the kit is in good condition then why not. As far as the list of legal requirements put forward by bilbo this is a red herring, I notice bilbo is in healthcare and I suspect this may come from a very over the top interpretation which is also possibly why Lord Young reviewed H&S in the UK. Time to get real guys.
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Rank: Guest
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With Bob 100% on this issue, or in reality a non-issue.
No PAT test
Visual Inspection
Disclaimer
End Of Story!
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Rank: Super forum user 
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The IT manager is the best person to determine whether it is OK. If it is not OK then dispose of it via your usual WEEE route. It it is OK then why not let the employee have it? Of course it may well need specialist handling if it really is a big one!
It has been said on here and other places so many times that a disclaimer is worth nothing, particularly when the "expert" is dealing with the "know-nowt" consumer.
Well said Bob.
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Rank: Guest
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Most electrical retailers will sell display items or returned equipment without PAT testing and a disclaimer saying ex display, so can't see what the problem is here as long as it's working and not obviously damaged.
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Rank: Forum user
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The possible issue here is about the sale or giving away of second hand machinery that subsequently fails causing injury or worse. This has been discussed at length on this forum before. There have been prosecutions under the HASWA (not the supply of Machinery Regs which do not apply to secondhand machinery).
In these instances a disclaimer, such as sold as seen, is not the "get out of jail card" that it is often assumed. The only option is to upgrade the machinery to modern standards or get the recipient to write a statment to that they will do this themselves.
Clearly, in this instance the equipment is not "machinery" by any stretch of the imagination. However, if the worst were to happen how would you feel? Might the regulator apply similar logic to that for machinery?
Who can say?
Kevin
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Rank: Super forum user
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Just shows how differently posts can be read. If this is indeed an old "monitor" for a DSE set up then I would tend to go with the others - however I read this as a medical device "monitor" and stand by my original posting.
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Rank: Forum user
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Sorry chaps and Bilbo in particular. This is regards a PC monitor.
Thanks for your earnest and honest responses!
Have a good chrimbo
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Rank: Super forum user
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Davy - I'd be more concerned where IT equipment is concerned about the wiping of hard drives - clearly that does not apply here!
We used to get people to sign a piece of paper saying they understood their responsibility not to dump the equipment in a ditch somewhere (not quite those words but more or less!) but this was more about the Duty of Care under the waste disposal regime than H&S. IMHO it's only where you start letting people take stuff like machine tools home (and yes we did this too!) that you need to be more stringent with your paperwork.
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