Re: [PSUBS-MAILIST] Building a psub for sale?

[MerlinSub@t-online.de (Carsten Standfuß)]

Hi Herve, maybe you have another law in the US than here in EU ..

If I purchase -here- a scuba gear complete by a dealer, means the bottle
and the regulator as one unit - than he is responsible for the unit. 

If I purchase the bottle and the regulator seperate - and conected them 
for the dive - and for example the o-ring fails - I am the builder of 
the dive gear - and responsible for the hole unit function.. 

If the bottle has a fracture and explode - the producer of the bottle is 
of course still responsible for - the bottle - but not for the hole dive 
gear - same with the producer of the regulator...  

I build my sub myself - my drawing all sign with my sign - but many
parts 
of the sub are build by local companys here - they all give garantys 
for their work - for example the weldings.. but they never garantys
that the construction works or that the hole unit work - because its my 
design and I am the producer.. 

So what ? If - your - sign is under all drawings of CSSX - and I build 
still the unit .. what do you think which person goes to prison if 
CSSX filled with thousands of galleons of hydrogen, oxygen, batteries 
and diesel oil.. and some signal rockets  - blows away the half harbour 
during the first test trials ???

Here in europe a person is still responsible for his sign.. and if he 
can not read or understand the contract he signed - it is his problem.. 

Seems in the US the buyer is responsible - for nothing.. 

Best regards - Carsten


Herve schrieb:
> 
> No that easy answear....it is just completely untrue
> In case of accident , in a court of law this will make BOTH purchaser and
> builder liable, with the condition that purchaser has an understanding of
> the designs, that understanding would be the first thing to be challenged by
> plaintiff. Signing  a drawing or a design does not mean you understand it.
> If purchaser appears not having the understanding of the designs builder
> will be totally liable no matter what.
> However, building a vehicle for somebody that appears to be hazardous WILL
> NOT waive builder liability  in case of injury or death, and I challenge
> anybody who claims the contrary to prove it.
> In building a sub for somebody you should :
> design a sub not trying to get away with liability. otherwise thay means you
> are not even sure of what you are doing and that looks even worst in case of
> claims.
> Dont you think there are thousands of professional attorneys that are so
> familiar with the "was'nt me" and know how to fight it.
> Take a liability insurance, if the underwritter does not want to insure you
> that means there is a problem with your design.
> Never take for granted whatever "advises" come from people who tell you "yes
> do it"
> instead listen to people who tell you "dont do it" THEY will give you the
> guidelines.
>  Herve
> ----- Original Message -----
> From: "Carsten Standfuß" <MerlinSub@t-online.de>
> To: <personal_submersibles@psubs.org>
> Sent: Saturday, March 30, 2002 3:52 PM
> Subject: Re: [PSUBS-MAILIST] Building a psub for sale?
> 
> > It's a easy answer:
> >
> > Make shure that every construction drawing is signed by the future
> > owner.
> > So be shure thats it his design (on the papers).
> >
> > Make small contracts:
> >
> > 1.) Making a design for him
> > 2.) Making a hull for him
> > 3.) Making outfitting a hull for him
> > 4.) test drive a boat for him
> >
> > 5.) If he order from you in small steps :
> >
> > 1a.) to make a design
> > 2a.) make a hull
> > 3a.) outfitting a hull
> > 4a.) test the boat
> >
> > that means : HE is the projekt manager, THE owner, THEe builder - and
> > responisable for all..
> > Your are just the subcontractor..
> >
> > Carsten - I did it this way.. seems this will work in every country..
> >
> > Paul B schrieb:
> > >
> > > Situation: somebody wants to buy a psub. Somebody wants to build a psub
> and
> > > sell it. Okay, two meet each other. Does the seller have to get
> > > certifications/insurance on a psub prior to selling it? I mean, what
> happens
> > > if something happens to a person in a psub? Who would be liable? Or
> should
> > > two people just have an agreement signed about a psub being sold "as
> is",
> > > without any warranty or liability? It's kind of gray area of the law to
> me..
> > >
> > > Sincerely, Paul.
> >
> >