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Second hand unit sales.



View Poll Results: Would you sell to a non qualified diver who wasn't under instruction?
Yes, definately 20 16.95%
Yes, possibly 42 35.59%
No, possibly 8 6.78%
No, definately 48 40.68%
Voters: 118. You may not vote on this poll

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Old 9th October 2007, 13:11   #11 (permalink)
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Re: Second hand unit sales.

Quote: (Originally Posted by diverreb) View Original Post
The problem is you have this thing called a "job" that interferes with the timing of your responses as well as your ability to dive during the week with us!

Richie
Wow, Rich - now there's no reason for hitting below the belt ... that was just meant to hurt.

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Old 9th October 2007, 15:18   #12 (permalink)
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Re: Second hand unit sales.

OK just to be awkward how about somebody selling a homebuild ? there is no course to cover it ?
As has been said I would sell a car or a motorbike to any one so why not a ccr ?
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Old 9th October 2007, 15:41   #13 (permalink)
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Re: Second hand unit sales.

Of course I would sell it, I am not the divers mother. If he or she is over 21 they can take responsibuility for their own lives.

ATB

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Old 9th October 2007, 16:34   #14 (permalink)
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Re: Second hand unit sales.

Like the others, I've sold a guy a 150mph motorcycle without asking for his experience/licence... afaik he was licenced for it but.....

A rebreather is a bit different I grant you, it will sneak up on you and kill you instead of ripping your arms out the sockets and throwing you into a hedge (my how we laughted, different story ) if I thought he wasn't already diving them (easy to spot in conversation) then I'd point out that they're lethal without training/knowledge. But if you want to buy an air oc set and dive to 60m with no training experience no one can legally stop you, (only mother nature ) so why should I worry any more about a selling a Rebreather?

You want to buy something from me and hurt yourself I'll tell you it's stupid, tell you how not to hurt yourself, then take your money and wave bye bye while shaking my head sadly.
If I don't, someone else will sell the muppet a faulty/knackered/even more dangerous item for more money and the outcome is even more likely to be bad.

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Old 9th October 2007, 16:37   #15 (permalink)
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Re: Second hand unit sales.

Quote: (Originally Posted by colinicky) View Original Post
OK just to be awkward how about somebody selling a homebuild ? there is no course to cover it ?
As has been said I would sell a car or a motorbike to any one so why not a ccr ?
Homebuilt airplanes are sold everyday. While some are kit built, a proven design by the prototype, many are from scratch or highly modified kits. These experimental aircraft change hands often, and there is an entire market segment for them, including insurance. I don't see why a proven home-built DIY Rebreather project couldn't be sold. I think it would be a harder sell if the buyer didn't know the builder or have some kind of dive relationship with them, though.
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Old 9th October 2007, 16:39   #16 (permalink)
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Re: Second hand unit sales.

I will and I have...

As stated, we're not the purchasers mother and the purchaser is of age to make their own clear decisions. Its they're responsibility to obtain training for SCUBA no matter which way they go... OC or CC for that matter.

What I would recommend is to contact the manufacture and ask their advise. Maybe they can pass over the liability wavers that they use and then you just modify it to fit the needs of the individual.

Dave
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Old 10th October 2007, 01:28   #17 (permalink)
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Re: Second hand unit sales.

Quote: (Originally Posted by diverreb) View Original Post
In the case of an O2ptima, yes I'd sell it, but with the codes wiped out. Then it's basically unusable. Handset codes would be provided once proof of certification is provided or I'd turn the codes over to a qualified instructor, who is training the individual. I'd also copy all the release Docs and have the individual sign off before the sale. Other than that, no way.

Richie
Yes I would do it the same way. and maybe add a list of instr. I know for the o2ptima to help out.

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Old 10th October 2007, 04:18   #18 (permalink)
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Re: Second hand unit sales.

I'm not an attorney, but here in the US I'm sure that if you sold a Rebreather to someone who wasn't trained and didn't have a solid release signed by the said purchaser you would be liable if that individual was seriously injured or expired on the unit shortly after you sold it to them. If they took it home and decided to try it in a pool before training & bought the farm, you would be screwed.

Seller, being an so called expert and purchaser being a novice the responsibility would lie with the seller if proper releases weren't signed.

Be careful if your selling a rebreather in the US... CYA!

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Old 10th October 2007, 04:23   #19 (permalink)
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Re: Second hand unit sales.

While I personally strongly agree with concept of individual responsibility the sad truth is that we live in a age when even covering your ass several times over is at times not enough.

In the coming days I and a number of others will be giving depositions relating to a rebreather fatality. The deceased purchased the unit new via the marketing arm and procedures of an established company and its representatives. The general consensus of the witnesses is that the desceased made a number of judgement errors and omissions that resulted in his own demise. In other words it was his own fault not an equipment malfunction.

Even with that being said his estate is in the process of suing not only the OEM but the individuals who imported the unit at his request, the mail drop off location where it was delivered and forwarded to his instructor, a company that was not even in existance at the time of the accident but is now a representative of the OEM, his instructor and dive buddies who were with him at the time. The legal fees for defense preparation have been substantial even though almost anybody on this board would deem equipment aspects of the suit frivolous

With the above in mind I strongly suggest that no one sell any unit to anybody who they have not verified has the proper training to accept the delivery at a minimum. Waivers or not it is delusional to believe that no potential liability exists.

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Old 10th October 2007, 04:58   #20 (permalink)
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Re: Second hand unit sales.

Quote: (Originally Posted by diverreb) View Original Post
I'm not an attorney, but here in the US I'm sure that if you sold a Rebreather to someone who wasn't trained and didn't have a solid release signed by the said purchaser you would be liable if that individual was seriously injured or expired on the unit shortly after you sold it to them. If they took it home and decided to try it in a pool before training & bought the farm, you would be screwed.

Seller, being an so called expert and purchaser being a novice the responsibility would lie with the seller if proper releases weren't signed.

Be careful if your selling a rebreather in the US... CYA!

Richie
Richie, It all sounds good in theory, but I can sell you an airplane even though you are not a pilot. If you decide to try and fly it, I am not liable. Ownership and usage are two different things. I can sell someone my meg because they intend to put it on a shelf or part it out or resell it themselves. They don't need to be certified on it for that sale to take place. Now, if the buyer says they are anxious to go get in the water with it, I wouldn't sell it to them. Being privy to almost certain demise due to intention is another story. In my mind it is a matter of morals and not liability.
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