MACHINERY - 13.03.2006

Sold as seen

Very complicated

“Buyer beware”, is probably the best advice when it comes to buying second-hand equipment, especially if it’s industrial. The single overriding rule is that you, as an employer, must ensure any equipment you buy and utilise is safe for the operator. How you do this is down to individual interpretation. All suppliers of equipment have a responsibility to ensure that what they sell is safe and as such, if something were to cause an injury to your staff, you would have a claim against the seller for supplying unsafe equipment. But if you’re not careful there are ways in which they can minimise what they have to do and put most of the responsibility to make the equipment safe onto you. What are they and what signs should you look for?

Supplier’s responsibilities

Common signs of a supplier trying to pass on their responsibilities are when they offer equipment as “sold as seen” or “as seen, as is”. Note. Selling equipment under these terms doesn’t absolve the supplier of their legal liabilities. However, the supplier can obtain a written undertaking from any purchaser that they should take all necessary steps to ensure that the equipment is made safe.

Tip. If you’re happy to sign a written undertaking to take on the responsibilities for the equipment, make sure you know what’s necessary to make the equipment safe before you scribble on the dotted line. Check that the supplier hasn’t attempted to exclude the provisions of the Sale of Goods Act. This is very important because if they have, the buyer has much less protection. If you’ve any doubt it’s probably best to employ a solicitor to check the small print for you.

Buyer’s responsibilities

As the employer it will be your responsibility to ensure that any plant or equipment you provide for use at work will be safe. You can’t use the defence that the supplier said it was in good condition. The Management of Health and Safety at Work Regulations 1999 say that you must carry out a risk assessment of the equipment that detail all hazards and associated risks. In the case of used equipment, you should ensure that your risk assessment deals with the risks involved in putting the machine into safe use, ensuring that operatives have been trained how to do it safely and that you establish any necessary maintenance schedules. Remember too, that regulation 11 of the Provision and Use of Work Equipment Regulations 1998 (PUWER) may also apply. Check the guarding of dangerous parts and ensure that all guards and interlocks, where provided, actually work.

Tip. Get a copy of the original instruction manual for the equipment. It might be available on the manufacturer’s website or from them directly. Use this as a guide to ensure all of the original safety precautions are in place. If they’re not, make sure there are suitable alternatives.

Keeping up-to-date

Some second-hand equipment may well have been manufactured to standards that have subsequently undergone changes in its design. Later models of the same equipment may well have been fitted with additional or modified controls or guarding that has increased safety. You should check with the manufacturer to ensure whether or not the equipment you have purchased needs any additional safety modifications.