Selling 2nd hand scooters - liability ?

[Rivachaz]

Hi,

Wonder if anyone can advise please.


My Father is thinking of setting up a business to sell 2nd hand mobility scooters to sell in a shop.

He would source these from Facebook and local ads etc, but I don’t think he could do that as he isn’t qualified in any Electrical certifications to ensure that the mobility scooters are fire/electrically safe? Let alone physical safety systems like failed braking system on these mobility scooters ?

He’s one of these “wing it guys “ but I’m not so sure that there would comebacks from accidents that customers they might have. And the be linked to him with no
No prior electrical checks and Pat testing.
He thinks he could just brush off in terms of liability ? Especially the battery chargers not being tested etc.

What are your thoughts Everyone?

I think it’s to risky as a business - , but I’d rather have someone here give Confirmation that certs are required before hand for the sale of 2nd hand mobility scooters ? Or another suggestion to cover himself if the customer claims against him, due to injury or death ?

My thoughts are that he could only Pat test the chargers and perhaps supply a new battery ? - what more could
Be done?

Regards Joanne

 

[James]

Unless you are selling them as “for parts or repair”
your customer would have a reasonable expectation that it is safe and fit for purpose.

 

[littlespark]

if its made clear they are 2nd hand, and with no warranty.... should be fine.

Maybe get a disclaimer typed up highlighting that they are untested, but in working condition when sold.

 

[nicebutdim]

if its made clear they are 2nd hand, and with no warranty.... should be fine.

Maybe get a disclaimer typed up highlighting that they are untested, but in working condition when sold.

You might get away with that if privately selling a one off item, but not if you're in the business of selling them for commercial gain. Even those traders who pretend to be private individuals can find themselves without a leg to stand on when customers are able to prove a transaction was part of wider commercial activity.

Consumer Rights Act applies to such sales and it would be a good place for the OP to start learning about his Father's legal obligations, should he decide to launch this venture.

 

[Rivachaz]

You might get away with that if privately selling a one off item, but not if you're in the business of selling them for commercial gain. Even those traders who pretend to be private individuals can find themselves without a leg to stand on when customers are able to prove a transaction was part of wider commercial activity.

Consumer Rights Act applies to such sales and it would be a good place for the OP to start learning about his Father's legal obligations, should he decide to launch this venture.

Great thanks - I agree will all mentioned .Where would he source such legal obligatioal advice ? Trading standards ?

 

[Rivachaz]

Also - would Pat testing the charger Be enough plus a disclaimer of the scooters
2nd hand status be all that’s required to sell the item ?

 

[nicebutdim]

Great thanks - I agree will all mentioned .Where would he source such legal obligatioal advice ? Trading standards ?

Consumer Rights Act is available online.

 

[DPG]

Remember that PAT testing (actually referred to as ISITEE) needs to be done by someone who is competent. It is not just a case of plugging each charger in to a PAT tester, pressing a button and waiting for the pass indicator to show.

Also, ideally, records should be kept and devices identified with an asset number.

The current (5th edition) version of the ISITEE Code of Practice should be obtained as a minimum.

 

[oracle]

I had a second hand mobility scooter shop owner tell me that they didn't need to have the machines tested as they were serviced before sale. I asked about testing the chargers, but they weren't interested.

 

[EricMark]

I have my mother's old scooter, now with new batteries after old ones failed, and I had a problem with the overload trip, which failed, this happened at the bottom of a long incline, lucky I was only testing the scooter and did not rely on it, as needed to push it home.

Remember unless disabled you are not permitted to use a disability scooter except for testing. So all users are disabled, or should be. So a breakdown is a big thing. When you see the prices of second hand scooters you realise few want to take the risk using second hand, looking to get a tenth of its new price.

Each make has a different method of setting them up, and even those trained seem to have problems, my mother ended up in the middle of the road when crossing road and it failed during crossing, there is an over speed sensor, and to cross the road she went as fast as it would go, and the over speed sensor kicked in at the most inopportune time. It only required it to be switched off and on again, but panic set in, lucky I was with her. But some one had got the setting wrong which could have been fatal.

As an amputee she relied on the scooter or wheel chair, they are not designed to help the lazy, they are relied on.