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Ash
Ash, Solicitor
Category: Law
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, I currently sell radio controlled cars etc online and I

Resolved Question:

Hi, I currently sell radio controlled cars etc online and I am looking at expanding my stock with mini motos and quads etc which are aimed at off road only and not road legal, I will be purchasing them direct from the u.k. importer but they will be dropshipped ie I sell them online then give the postage details to the wholesaler who then posts them to the customer, so I don't see the product, they will arrive at the customer boxed requiring some minor assembly.

What I would like to know is if there is an age limit as most of them are quite small and would be ideal for kids to use and also what are the legal issues if one were to malfunction and cause injury, would it be me responsible or the importer etc. I would be unable to check each item before it is shipped to the customer as the wholesaler will be in charge of this aspect, many thanks.

The wholesaler states they are intended for ages 14 plus only but it would be at the parents discretion, they would be sold on ebay so the contract would be between me and a person over 18.

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
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Customer: replied 2 years ago.

Yes i can wait

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
There is no legal limit.
However if you are sued for negligence you would need to justify the age limit you have set. Why is it that age and not higher? What was the reason behind it.
So its a commercial decision to do with risk.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 2 years ago.

Thanks for your reply, if the vehicle were to malfunction and cause injury, would it be the importers/manufacturers responsibilty rather than mine as the importer is sending them directly the the end customer?

Also would it not be down to the parents if they allow their child to ride one?

Expert:  Ash replied 2 years ago.
Because the contract is with you.
You sell to your customers. The injured person would sue you and you would sue your supplier etc.
As to down to parents that is contributory fault rather than liability.
Does that clarify?
Alex
Expert:  Ash replied 2 years ago.
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