Liability re fitment of aftermarket equipment by supplier.

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Old Oct 19, 2006 | 04:48 PM
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From: Johannesburg, South Africa
Default Liability re fitment of aftermarket equipment by supplier.

Hi people!

Maybe you can help?

I'm in the process of setting up a supply chain for aftermarket accessories, like of spacers, nerfs, wheels, pipes & such.

My question is, should I sell accessories over the counter as most shops or provide a fitment service?

My concern is that should I fit an item to a quad, which could break, who is liable for the loss?

I'm not going to intentionally supply inferior items, but even the best stuff is known to fail due to many reasons,
1) Abuse,
2) Incorrect fitment,
3) Wrong part for job,
4) Poor maintainance & so on.

Life & limb items:
Spacers,
Extended A-arms,
Extended swing arms
could cause a huge pain in the ring if failure occurrs.

I've read of OEM & custom parts failures.

Would you hold me liable for such loss if I supplied & fitted an item that failed?
How could I prove it was abuse?
How would you prove my parts failed within reason?

People would buy OTC and waive most rights by fitting parts themselves, but when I fit the parts, am I considered liable?

My supplier ( manufacturer ) is really reliable and will support me by parts replacement but I'm afraid of fitment due to possible legal action.

Where does my supplier's liability end and mine start?

I know each state applies different laws, all I'm looking for is some ideas and opinions.

Thanks for your time!

Regards from sunny South Africa.
Proud host of 2010 Soccer World Cup.
 
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