Rehab1 Posted July 7, 2016 Share Posted July 7, 2016 BE CAREFUL SELLING YOUR USED EUC! Researching the increasing number of lawsuits that are arising in our litigious society over the sale of used products it should also be of concern to those of us selling a used EUC. US Case law has established that anybody who causes a product to “enter the stream of commerce” or “passes it on” in the stream of commerce can be held strictly liable for any harm caused by defects in the product. This includes manufacturers, suppliers, retailers, distributors, lessors, assemblers of component parts into finished products and, in some cases, contractors. I sold my first EUC the other day. As UPS was picking up the package I began wondering what would happen if the purchaser had a Power Shut Off or fell and injured himself or others while riding? If he or his family members decided to sue who would he/they go after: the manufacturer or me? Chances are he would go the easiest route and sue me. Case and Point: I sold an experimental helicopter years ago and mandated that the buyer sign experimental aircraft waiver liability form. Lucky I did this because 2 people were killed in my aircraft years later. Still haunts me! Below is an example of a contract you may want to consider having the purchaser sign before selling your used EUC: WARNING ! Buyer, realizes, warrants and acknowledges that Electric Unicycles (EUC) can be a dangerous activity by its very nature and may well result in the serious injury or death of the Buyer, or to any future unnamed persons participating in such an activity, or any activities relating whatsoever to this EUC. Buyer warrants to the Seller that the Buyer alone is responsible for all training and operations, storage and any other related activity thereto, including the acts of future owners related to this specific EUC. Buyer fully acknowledges and certifies he/she willingly and knowledgeably assumes all liabilities and risks derived from the ownership of this specific EUC and by the act of paying the Seller for the EUC specifically warrants that the Seller shall be fully and completely released from any liability from any cause and held harmless from any suit of recovery, or damages, or liabilities arising from Buyer's ownership or operation of the EUC whatsoever, or the operation in any manner by any subsequent owners, or persons yet unnamed or unspecified herein, both now or at any future time. In addition, in exact manner of the Seller, this indemnification, accruing in whole to the benefit of the Seller, and warranted and executed by Buyer, is specifically intended and extended to include the Seller's wife, and family members, and all their heirs, assigns, or, interests held by him, or them, either singularly, or plurally, or to any assets of the Seller now held, or to be held in a future time. Buyer:_________________________________ Seller__________________________________ Date of sale:_______________________ Link to comment Share on other sites More sharing options...
HEC Posted July 7, 2016 Share Posted July 7, 2016 Some sellers of EUCs actually use similar waivers when selling you new wheels as well. Link to comment Share on other sites More sharing options...
esaj Posted July 7, 2016 Share Posted July 7, 2016 I don't think here (in Finland) it's possible to sue a private person selling an used item in the condition it is, unless there's clear proof to point out that the seller had malignant intentions and knew about the problems? Looking from this point of the world, the US law system seems pretty ridiculous at times... Link to comment Share on other sites More sharing options...
Rehab1 Posted July 7, 2016 Author Share Posted July 7, 2016 @esaj I totally agree! There are to many attorneys in the US trying to make illegitimate money off of the public and business sectors. Spill McDonald's hot coffee on yourself and attorneys will be more than happy to sue. Put your baby in a car seat and forget to fasten the belt and the baby gets injured just sue the car seat manufacturer. So Stupid! I call them ambulance chasers! Link to comment Share on other sites More sharing options...
CarZin Posted July 7, 2016 Share Posted July 7, 2016 In the U.S., you can be sued for just about anything. I was planning on being the largest distributor in the U.S. of these devices until I found that getting liability insurance is virtually impossible or ridiculously expensive. I suspect that most if not all the U.S. distributors are uninsured and flying by the seat of their pants. I have enough assets where I didn't want to lose them because a unit I sold hurt someone. They'll be people that claim that having something in an LLC saves you from that, but that just isn't the case 100% of the time. The protections from the corporate veil can be easily pierced. If Ninebot wants to see serious distribution, they need a master insurance plan in the U.S. to include and protect its distributors. Link to comment Share on other sites More sharing options...
Hunka Hunka Burning Love Posted July 7, 2016 Share Posted July 7, 2016 I would imagine that selling a used car "as is" would be similar to selling a used EUC? There can be risks with either vehicle where parts may fail or something is unknown to each party which results in injury. If I were to sell my car, I'd have them sign a sales agreement, but it probably wouldn't go into that much detail. Does that mean they could come back to sue me because I didn't realize there was a loose ball joint or tie rod underneath there which could come loose at 120 KPH? Surely the buyer needs to assume some responsibility to have the car checked over before driving it extensively. I guess with enough money people can sue anyone else if they want though so it's likely best to have these agreements in place. They could still sue and deny ever signing the agreement saying that wasn't their signature or state that they didn't fully understand the terms. Maybe it's best to also have a witness signature as well. Link to comment Share on other sites More sharing options...
CarZin Posted July 7, 2016 Share Posted July 7, 2016 When you sell anything to someone else that could hurt them, it it a good idea to to have them sign a liability waiver. It may not be enough if something happens, but it is a start. Link to comment Share on other sites More sharing options...
dmethvin Posted July 7, 2016 Share Posted July 7, 2016 40 minutes ago, CarZin said: When you sell anything to someone else that could hurt them, it it a good idea to to have them sign a liability waiver. It's almost gotten to the point in the US where they need you to sign a waiver for a candy bar. MAY LEAD TO OBESITY, TOOTH DECAY, HELL YOU MIGHT EVEN CHOKE ON IT IF YOU DON"T CHEW IT FIRST. Link to comment Share on other sites More sharing options...
esaj Posted July 7, 2016 Share Posted July 7, 2016 8 minutes ago, dmethvin said: It's almost gotten to the point in the US where they need you to sign a waiver for a candy bar. MAY LEAD TO OBESITY, TOOTH DECAY, HELL YOU MIGHT EVEN CHOKE ON IT IF YOU DON"T CHEW IT FIRST. Link to comment Share on other sites More sharing options...
steve454 Posted July 7, 2016 Share Posted July 7, 2016 4 hours ago, CarZin said: If Ninebot wants to see serious distribution, they need a master insurance plan in the U.S. to include and protect its distributors. @CarZin I think they do, they have about 30 Segway dealers selling Ninebot products in the US alone. Worldwide who knows? I would think that a Segway dealer already has insurance for selling Segways. The Ninebot global domination has begun. Bwa ha ha! Link to comment Share on other sites More sharing options...
Rehab1 Posted July 7, 2016 Author Share Posted July 7, 2016 @esaj So True! Link to comment Share on other sites More sharing options...
Jag_Rip Posted July 8, 2016 Share Posted July 8, 2016 Wow, you can get sued for selling an unaltered product you bought from somebody else? Then you better preemtively sue your seller to pay your buyer... I dont even.. Link to comment Share on other sites More sharing options...
CarZin Posted July 8, 2016 Share Posted July 8, 2016 @CarZin I think they do, they have about 30 Segway dealers selling Ninebot products in the US alone. Worldwide who knows? I would think that a Segway dealer already has insurance for selling Segways. The Ninebot global domination has begun. Bwa ha ha! @steve454: They didn't when I looked into it a year ago. It is possible that the ninebot purchase of segway changed that, but I doubt it. I just think it is a lot of small retailers that are hanging their asses in the breeze hoping they don't get sued. In the U.S., in many states, when you are the importer of the product, you are liable for the damages just as if you manufactured it. It is no different. Most insurance companies won't insure that for any amount of money. I am wondering just how many mom and pop retailers will go bankrupt as a result of the recall notices on hoverboards that they will have to comply with. Link to comment Share on other sites More sharing options...
Rehab1 Posted July 8, 2016 Author Share Posted July 8, 2016 @steve454 I purchased my 1st NB1 from a 'pop' on Ebay. He had just bought 20 units. His price kept going down each day. Now that they are all sold he quit selling them. Many individuals selling these units are not dealers. If you search on Alibaba for EUCs anyone can become a dealer. Just purchase 10 or more units and hang up an 'open for business' sign. Link to comment Share on other sites More sharing options...
steve454 Posted July 8, 2016 Share Posted July 8, 2016 @Rehab1 that's how I got my second wheel, some guy on craigslist selling said he had 10 wheels for sale. 6 hours ago, CarZin said: They didn't when I looked into it a year ago. It's very recent, I think within the last 60 days. Link to comment Share on other sites More sharing options...
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