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I need a simple bill of sale with a waiver of liability clause

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I need a simple bill of sale with a waiver of liability clause

Old 11-29-2016, 06:31 AM
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Default I need a simple bill of sale with a waiver of liability clause

I am selling a large scale model aircraft equipped with a 55cc gasoline engine and I would like to obtain a bill of sale with some sort of waiver of liability. I am not looking for anything fancy or elaborate, just want to cover my bottom in the event that the guy who purchases the plane decides to stick his hand in the 22-inch propeller spinning at 7000RPM.... you get the idea. That and the standard sold "as-is" without any warranty stuff.

I know we have a bunch of lawyers on this forum and I was hoping that someone might have a template laying around for that sort of thing. If you do, or if you can point me in the right direction I would really appreciate it.
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Old 11-29-2016, 06:45 AM
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This ........... and/or included items are sold "as is" and have no warranties of merchantability and/or fitness for any particular purpose, expressed written or implied. The seller shall not be responsible for the correct description, authenticity, genuineness, or defects herein, and makes no warranty in connection therewith. No allowance or set aside will be made on account of any incorrectness, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. It is the responsibility of the buyer to have this............thoroughly inspected and to have satisfied himself or herself as to the condition and value and to make purchase based upon that judgment solely. The seller shall and will make every
reasonable effort to disclose any known defects associated with this ............. at the
buyer's request prior to the close of sale. Seller assumes no responsibility for any
repairs regardless of any oral statements about the ...........
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Old 11-29-2016, 07:44 AM
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Would you do the same if selling a lawnmower,blender or gun?Some things are dangerous if not used properly and a buyer assumes the liability.
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Old 11-29-2016, 09:51 AM
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Date
Item description
Seller information
Buyer information
Price
Additional terms:
1. Sold, "as is, where is", with no recourse for any reason.

2. Item can be dangerous to Buyer or others if handled improperly, and Seller makes no claims to have trained or instructed Buyer on safe and proper operation.

3. Buyer assumes all liability for item from time of transfer.

Have a few witnesses, just to be comfortable
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Old 11-29-2016, 10:08 AM
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Pic's of the aircraft?
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Old 11-29-2016, 11:17 AM
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Originally Posted by seaboss21 View Post
pic's of the aircraft?
^^^^^^^^^ this please.
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Old 11-29-2016, 11:23 AM
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dont bother , lawyers will have you in court no matter what the buyer signed. especially when his kid shows up with 7 fingers. better to take it apart and make a kit. then the build is his problem
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Old 11-29-2016, 12:02 PM
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Originally Posted by SeaBoss21 View Post
Pic's of the aircraft?
Here's a few. It is an all-composite airframe made by Krill Aircraft...it looks and it flies amazing, but sadly I have to sell it to fund another project.
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Old 11-29-2016, 12:06 PM
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Originally Posted by fireisland1 View Post
dont bother , lawyers will have you in court no matter what the buyer signed. especially when his kid shows up with 7 fingers. better to take it apart and make a kit. then the build is his problem
If that were true nobody would be able to sell anything without risking a lawsuit. I am probably overthinking this anyway, but I wanted to have "something" just in case.

I am also selling the plane to his father, not the kid, and I've done my best to explain to them that this is not a toy and they should seek professional help before they decide to fly it.
Both are members of two RC flying clubs in my area and have some experience with model airplanes, just not something so big or powerful.
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Old 11-30-2016, 07:30 PM
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Originally Posted by Devil_Inside View Post
If that were true nobody would be able to sell anything without risking a lawsuit. I am probably overthinking this anyway, but I wanted to have "something" just in case.

I am also selling the plane to his father, not the kid, and I've done my best to explain to them that this is not a toy and they should seek professional help before they decide to fly it.
Both are members of two RC flying clubs in my area and have some experience with model airplanes, just not something so big or powerful.
it is true. any one can hire a lawyer, drop 10k for starters and have him file a law suite. it doesn't mean it will hold up or there are any guilty parties. but you will have to defend yourself. the fact that you are concerned about liability proves this.
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Old 11-30-2016, 07:36 PM
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post #4 pretty much covers it for normal people. Snowflakes don't fly those kinds of planes.
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Old 12-01-2016, 03:48 AM
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The far more worrisome lawsuit is if the new owner flies the plane crashing it into an innocent bystander causing serious bodily injury or death. Then the injured party (or the heirs) sue the manufacturer, the guy you sold it to, you and anyone else involved with the launching or flying of the plane.

Waivers of liability have no impact on that lawsuit. Fortunately, these events are rare.
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Old 12-01-2016, 04:43 AM
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Originally Posted by SeaJay View Post
Waivers of liability have no impact on that lawsuit. Fortunately, these events are rare.
This statement can apply to every car, boat, train, plane and cycle on the planet, not just RC planes.

I would take it as similar to people that go to baseball games. A ball can hit them and cause damage, but who sues? The spectator was there, knowing that fast-moving things could possibly hit them.

If any help, add to post #4 the words, "Buyer understands that this device is capable of causing harm or death if it is used as intended (flown). Buyer accepts full responsibility for proper training and operation of the device, whether it functions properly or not."
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Old 12-01-2016, 06:23 AM
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The plane is sold guys, thank you. I compiled a bill of sale from online examples I found.
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