Buying/Selling used gear.... contract useful

[EricaH 0]

I'm not 100% sure where this post belongs. I'm just sharing it to hopefully ease some pain/concern in buying/selling gear to someone you don't know.

I purchased used gear from a skydiver far far away from me and had a shorter version of this signed. Now I'm in the process of selling such gear. I've also asked a few people if I could demo their gear; their understandable reluctance influenced me to wright a more complete contract. The person I'm currently selling to helped me refine the contract. Here it is:


I, Seller's name (Seller), am in receipt of $xxx in the form of a [type of payment check, money order, etc.] (check, number xxx, etc.), from buyer as payment for [specific gear, ie. Saber2 150] (gear identifier ie. serial # colors or something similar). I will not cash/deposit said check unless instructed to do so by buyer, or if there has been no word for 2 weeks and said gear has not yet been returned, or [a specific date giving about 1 month to demo] has passed. Buyer will be responsible for any damage or loss of the gear while under buyer's care. The gear will be considered under the buyer’s care upon safe arrival of gear at buyer's dz or other local and until returned to seller's dz or other local.

I, buyer's name(buyer), will take possession of a specific gear (gear identifier) upon its safe arrival at buyer's dz or other local. I understand that the seller is in possession of my payment description in the amount of $xxxx to be considered payment for this gear. Seller will not cash such payment until I've instructed them to do so, or until 2 weeks have passed without my communicating with seller or returning gear to seller's destination or [a specific date giving about 1 month to demo] has passed. It will be buyer’s responsibility to inform seller that gear is in the process of being returned. If the gear is damaged while under my care I will either complete the transaction and maintain possession of said gear or pay for the repair of said gear and reimburse the seller for any loss of value associated with the repair. If buyer does not want to purchase the canopy, return shipment to the seller will be paid by buyer (insurance included).



__________________________________
buyer's name (Buyer)


__________________________________
seller's name (Seller)

Anyway, just fill in the words with info specific to your deal - it's a rough draft; but it does help give some piece of mind. And given the 2 weeks of communication limit, something has to happen w/in a certain amt of time.

There is no can't. Only lack of knowledge or fear. Only you can fix your fear.

PMS #227 (just like the TV show)

[darkwing 5]

Legalities aside (i'm not qualified to evaluate them), I think this is a great way for generally honest people to clarify the basic important points responsibilities, and procedures.

-- Jeff
My Skydiving History

[kelpdiver 2]

A simple contract like this is effective should you need to go to small claims court. That of course is difficult if the buyer is not geographically near you. Enforcement otherwise for the price of a used canopy is not very cost effective, so keep that in mind.

It is also effective just in that it spells everything out, so there aren't misunderstandings.

I think you should define how damage is defined. By you, by the buyer? I think you want to end up with language that says the buyer will ask a rigger to look it over when he receives it, and if there is damage during the trial period would be the one to evaluate it. Otherwise you have a contract that says the buyer pays should he damage it, but nothing that spells out how much.

[nightjumps 1]

I would not allow any damages to be repaired, but revise it to say that it will be placed back to its original state or replaced.

Let's say you send someone a one-year-old H/C or canopy. It's immaculate. They put a tear on the H/C or canopy. You want a $30.00 patch put on it? How much will that devalue that component and/or cause you to miss another selling opportunity. You want to spend time arguing over value (your difference clause).

Not me - skydiver rules... Short & sweet - You burn it, you've bought it.

[EricaH 0]

Adtually, my original contract stated that the payment would be cashed if there were any damage to the equipment - the only prob is if the seller then wants extra money for depreciation due to 10 demo jumps or the like.

It can get fussy & small claims court is a bi*ch considering smaller sums of value. But I thought it was a nice contract to give generally good people piece of mind. Someone who's pretty much out for no good might think again if their sig was required on this.

Anyway - just passin it around.

There is no can't. Only lack of knowledge or fear. Only you can fix your fear.

PMS #227 (just like the TV show)

[nightjumps 1]

Oh, please don't get me wrong. I wasn't trying to invalidate your agreement. I think any written instrument of understanding and a signature is better than nothing.

Just sharing that my version is a little bit harsher. I take pictures of everything, send it to a DZ/Rigger only for inspection, they're welcome to jump it if they choose, just understand you burn it in any way... you've bought it. (now, I'm not gonna get pissy over a grass stain or something, but like tears, poor pack job that requires a reserve ride that you get to pay for....them kind a things).

[EricaH 0]

No worries at all!! I understand 100% under the contract we actually signed the buyers section (with different working in red) stated this:


I, buyer's name(buyer), will take possession of a specific gear (gear identifier) upon its safe arrival at buyer's dz or other local. I understand that the seller is in possession of my payment description in the amount of $xxxx to be considered payment for this gear. Seller will not cash such payment until I've instructed them to do so, until 2 weeks have passed without my communicating with them or if the gear is damaged while under my care. or [a specific date giving about 1 month to demo] has passed. If buyer does not want to purchase the canopy, return shipment to the seller will be paid by buyer (insurance included).

This is a much more simple paragraph, however it leaves the buyer's position open a bit. I agree w/ you and do prefer this language (as the seller obviously).

There is no can't. Only lack of knowledge or fear. Only you can fix your fear.

PMS #227 (just like the TV show)