Re: Dry sub for sale?

[Nathanael Henderson <jude@pconline.com>]

> I have been told 2 things and I'm not sure what one is right.
> #1 I will always have some liability because I built it. or
> #2 If I have the right type of sales contract I would be safe from any
> liability.

   Well, I'm not a lawyer, but I'll take a stab at it.   I believe no
matter what you do you can be held liable for the sub since you built it
if it hurts/kills somebody because of a design flaw or substandard
construction.    The other half of the coin is that you can largely
protect yourself with a good contract.  For paranoia's sake I'd have a
lawyer draw one up with a provision that the buyer accepts full financial
responsibility (indemnification) for any claims resulting from losses
related to the ownership and operation of the sub.  You could also require
that the buyer sign an agreement to have the sub examined and apraised by
an engineer or other such expert and certified as being safe for the rated
depth before they use the sub.   What the agreement would practically mean
is that the buyer could either have the sub checked out (in which case the
person doing the certification becomes the liable party) or they can just
use the sub without having it checked out, in which case they have largely
freed you from resposibility since they have failed to fullfill their
contractual obligation to have the sub independantly examined before using
it.   It's a big song and dance designed to get arround the law.  :-)
Bottom line, ask a real laywer--it'll cost a few hundred on a good day,
but is probably worth the peace of mind.  Would it be impolite to ask how
much the sub is selling for?  :-)