Did you know that selling products "as seen" provides no protection from your liabilities under health and safety legislation?

What are my obligations?

• Under the Health and Safety at Work etc Act 1974 (the "Act") suppliers of articles for use in the workplace must ensure that those articles are "so far as reasonably practicable" safe and without risks to health when properly used

What happens if I get it wrong?

• A breach of these obligations is a criminal offence punishable by a fine

Are the rules the same for second hand goods?

• The fact that you sell goods as "used" or "as seen" does not relieve you of your responsibilities
• Whilst it is recognised under contract law that second goods may be of lower quality, the health and safety legislation does not make such allowances
• In 2003 both the supplier and the purchaser of a printing machine sold "as seen" were heavily fined by the Health and Safety Executive (HSE) after an experienced machine operator appointed by the purchaser was seriously injured

Is there anything I can do to reduce my exposure?

• Under section 6(8) of the Act a supplier who obtains a written undertaking from the buyer that the buyer will himself take the necessary steps to ensure the safety of the goods may relieved of liability "to such extent as is reasonable"
• The HSE recommends obtaining such an undertaking from the buyer before the goods are supplied
• Make sure that the wording of any undertaking is clear and unambiguous
• Amend your terms and conditions to reflect the fact that you may or will require an undertaking
• If your buyers resell the goods, consider requiring them to obtain a similar undertaking from their buyers

Useful address: www.hse.gov.uk

John Spratt
Partner

June 2004