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...
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