Selling MOD's and responsability

[violetblade]

Looking forward to seeing the finished products Batty if the chinese posty ever gets his finger out

[dognero]

Are you a plumber by trade?
Looks familiar

[Batdragon (AKA Batty)]

No I am not a plumber, I am by trade and electrical electronic engineer. But you are right about the looks lol

[OneDay]

The insurance stuff seems to focus on 'consumers' and 'suppliers' which suggests to me more of a business model than you're contemplating. Imagine if I did the odd bit of carpentry, and made a stool which I offered for sale on a forum. I would be pretty shocked if the buyer tried to sue me if a leg fell off that stool at some later stage causing him some injury.
Caveat emptor.

[Batdragon (AKA Batty)]

That is what I thought. I am not doing it as a business, but as a fun thing to do. I would not willingly sell anything if I was not happy with it myself.

[fagin]

I think you are wrong. You are selling something, and the if buyer is injured you could be sued. An argument of 'just doing it for fun' would not be a very strong defense.
Caveat Emptor relates to the fitness for purpose of the goods, and is no longer a doctrine of UK law, having been superseded in most part by acts (such as The Sale of Goods Act).

[Gordy]

you can never stop people suing but i feel the only way you could be sued successfully if they could prove your product was dangerous in some way for the intended use

[domesticextremist]

Most of the modders will repair stuff they have sold if
it goes wrong (iirc).
As regards getting sued, then I think you should be
restricting sales to experienced vapers who are adult
enough to understand what they are getting.
This is not America (yet).

[womble]

Jun 16, 2012 21:01:17 GMT OneDay said:

The insurance stuff seems to focus on 'consumers' and 'suppliers' which suggests to me more of a business model than you're contemplating. Imagine if I did the odd bit of carpentry, and made a stool which I offered for sale on a forum. I would be pretty shocked if the buyer tried to sue me if a leg fell off that stool at some later stage causing him some injury.
Caveat emptor.

Well yes, but in the world of law, if you get something blown off by something you bought from someone else, that they had made, for the purpose for which you use it.

I suspect you would answer in the courts. I also suspect it would be very very costly to defend. I also also suspect, the chances of it happening are so low, you could almost forget it.

Honestly..... I wouldn't do it, but that is just me.

You have to be liable, because you made it.

[Batdragon (AKA Batty)]

Would I be covered if I state in the description about the possible hazards of using a battery etc, and that it is on the owners to accept that risk?

How do other modders who sell their creations do it?

[womble]

Jun 16, 2012 23:02:17 GMT Batdragon (AKA Batty) said:

Would I be covered if I state in the description about the possible hazards of using a battery etc, and that it is on the owners to accept that risk?

How do other modders who sell their creations do it?

From a totally non lawyer background, it would help a little, if proceedings commenced.

I think other modders hold their breath and hope nothing bad will happen, or bury their heads in the sand and hope nothing bad will happen.

I've thought this for a while, it's nothing new to me, I'm still surprised at the amount of people selling mods.

[hifistud]

If you advertise something for sale, on whatever scale, you do, I'm afraid, open yourself up to the possibility of being sued if it all goes pear shaped. Consider the situation where you sell a mod and, for whatever reason (at this point it doesn't matter) the purchaser is injured using or carrying it. They decide - on advice from an ambulance chaser - to sue. That's you pretty much screwed, win or lose. You either have to settle or take it to court, whether you think you're in the right or not - either way, it's going to cost - and since it involves lawyers, the cost isn't going to be pretty. SOGA applies.

On the other hand, if a mate approaches you and asks you to build a mod for him and pays for the materials, that's a different kettle of fish. It's not a "business" transaction - it's a mate doing a mate a favour. If you profit, though, said mate might have a case.

It's sad, but true - the worst thing that happened with lawyers is that they were allowed to advertise and do no-win-no-fee stuff. that "where there's blame there's a claim" culture boils my wossit - but it is what it is.

[Batdragon (AKA Batty)]

So what I am thinking is that if I do want to sell a mod, what I should do is put it in a box. The sale would be for the box, the contents of which would be the mod which would be free. As I am only selling a box, then it would be fit for use, if a problem occurred with the mod, then that would not of been sold. Would that be a get out clause?

[domesticextremist]

On the other hand, if a mate approaches you and asks you to build a mod for him and pays for the materials, that's a different kettle of fish. It's not a "business" transaction - it's a mate doing a mate a favour. If you profit, though, said mate might have a case.

This could be your get out clause - if it is a private sale between two independent
parties then it is not a transaction.
If you advertise a design for a custom mod and then build an instance on request
then I think you aren't as liable as somebody who has pre-manufactured and offered
for sale - if you see what I mean.

Obviously you would need to make it clear to the customer what the arrangement is
and offer whatever level of after sales support you deem appropriate.

[Deleted]

i wanna see the mod, come on batty