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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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If you develop a new product, can you override EU certification

Customer Question

If you develop a new product, can you override EU certification of safety by letting the buyer sign a disclaimer that the seller is not liable for any compensation or injuries that is caused while using the machine.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

No, such an agreement will not be enforceable.

It is not possible under the UK Unfair Contracts Terms Act 1977 to exclude or limit liability for death or personal injury howsoever caused.

May I help further?
Customer: replied 3 years ago.

Does this apply when the buyer is aware of the dangers prior to using the device? if this is so how do skydivers get disclaimers?

Expert:  UKSolicitorJA replied 3 years ago.
It does not matter whether the buyer is aware of the dangers. The disclaimers signed by skydivers etc are not worth the paper they are written on as far as exclusion of liability for personal injury or death is concerned.

All the best. Please leave feedback