What sold as seen means when selling work equipment
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For work equipment in Great Britain, sold as seen does not remove the seller's health and safety responsibilities. It is not a substitute for checking what you are supplying, describing its condition accurately and getting competent advice where the position is unclear.
HSE's guidance on second-hand products specifically addresses this wording. It also covers one-off sales by users and sales through auctioneers. Northern Ireland has its own legal framework, so obtain the relevant guidance there.
Condition wording and safety are different questions
A description can tell buyers that an item has scratches, wear or a known fault. That information may help them assess the purchase. It does not establish that the proposed supply is appropriate, or settle every contractual right and responsibility.
Consider a machine with a damaged guard. Writing damaged guard, sold as seen makes the description more candid, but it does not decide what must happen before supply. That needs competent assessment in the circumstances. The same caution applies to equipment whose operation nobody on site understands.
The guide to recording known faults helps separate an observed problem from guesses about its cause. Keep the two apart. A note that a machine has not been operated recently is more accurate than claiming that it only needs a small repair without evidence.
Common statements that need another check
| Statement | What remains unresolved |
|---|---|
| The buyer has seen the machine | Whether the proposed supply meets the applicable duties |
| It worked the last time we used it | Its present condition and the scope of any checks |
| The auctioneer wrote the description | Whether the seller has provided complete and accurate information |
| It is only a one-off sale | Whether responsibilities still apply to this supply |
| We wrote spares or repair on the listing | Whether that description and the actual arrangement are appropriate |
| The buyer says they will deal with everything | What the law and the specific agreement require of each party |
The point of this table is to identify questions, not to produce alternative wording that avoids responsibility. Ask the auctioneer and a competent specialist how the item should be handled before it enters the catalogue.
Make the evidence usable
Gather the available manuals, inspection records, known modifications and fault reports in a safety evidence register. Mark missing records clearly. Do not create a document that looks like a manufacturer's approval or inspection certificate when no such assessment took place.
If you are unsure who should assess the equipment, the competent assessment guide explains how to brief the enquiry. Describe the equipment and the uncertainty. The appropriate scope of specialist work depends on the machine and the proposed transaction; it cannot be decided from a generic checklist alone.
Ownership is a separate issue again. Checking finance and ownership remains necessary even when the condition is well documented. A machine can have clear maintenance records while somebody else retains an interest in it.
Give the sale manager facts early
Send UK Auction Group the known concerns before asking for a listing. Include photographs and the records you actually hold. Avoid presenting sold as seen as the solution to an unresolved condition question.
For contractual questions about warranties, remedies or who is buying, obtain advice that fits the sale. The safety guidance above does not answer every business or consumer contract question. Clear evidence and the right advice are more useful than adding stronger disclaimers to an uncertain description.
Explore the selling assets guides.
Sources
- UK Auction Group: asset disposal Checked
- HSE: second-hand products Checked
This guide gives general information. Equipment-specific, legal, tax and safety decisions may need a qualified adviser or competent specialist. The guides do not promise sale prices, fees or results.