eBay

fracsim · ‎06-12-2016

I have a product that i sell outside eBay already, I want to use eBay to sell my product however I need the buyer to sign a contract before the purchase is completed. Is there any options here? Possibly like "by clicking buy it button the buyer agrees he will fill out a buyer - seller contract or risk having the transaction cancelled"

Thanks for any advice

pjcdn2005 · ‎06-12-2016

I can't think of a way to do that. Even if you state that requirement in your listing, it's unenforceable and once a buyer makes a purchase, eBay frowns upon that transaction being cancelled unless it is buyer initiated or unless there is a very good reason for it. Cancelling because the buyer won't sign a contract won't be looked upon as a 'good' reason by eBay.

I have to ask although of course you don't have to answer..but why do you need a contract signed?

aubreyclay56 · ‎06-13-2016

ebay has its own rules regulations ect you really cant make up new ones to suite yourself im sure,if you explained exactley what you are talking about would make it easier to answer,a contract is sighned after you bid on an item or make an offer on an item called an agreemebt to pay.if you dont pay well you get a strike against you from ebay,making it harder to buy on ebay,thats one agreement on ebay,you sell an item and dont ship now there is another agreement,,really dont think i would mess with what you are speaking of it sounds like you are trying to figure out a way to scam someone?

mr.elmwood · ‎06-13-2016

eBay is a marketplace overseen by eBay's rules. You cannot usurp those rules with your own. Some products are not suited to eBay.

.
.
.

pierrelebel · ‎06-13-2016

" I need the buyer to sign a contract before the purchase is completed."

Maybe we could help find a way to achieve your goal if we knew what the product is and why you need a contract?

There is more than one way to skin a cat and many experienced sellers could help you if they knew the exact nature of the problem.

fracsim · ‎06-14-2016

definitely not trying to scam

fracsim · ‎06-14-2016

I manufacture and sell diagnostic tools used in high risk environments. It is a very small limited corporation. the contract i ask all customers to sign is to prevent lawsuit in case someone does something with the product that that it was not intended for and it causes harm to person or equipment. Most large manufacturers have special insurance, but the cost of that alone is greater then all my gross income as a company.

I was hoping to utilize ebay to sell but it looks like that is not possible from the information you have provided.

Thank you for the replies I kinda thought this might be the outcome.

pierrelebel · ‎06-14-2016

"i ask all customers to sign is to prevent lawsuit in case someone does something with the product that that it was not intended for and it causes harm to person or equipment. "

If I understand correctly, you are asking potential buyers of your equipment to waive their legal rights for compensation should your equipment cause "harm to person or equipment".

Regardless of rules and policies on eBay, where will you find buyers willing to waive their rights prior to purchasing equipment from a small - uninsured - manufacturer?

I know I would not and cannot think of any responsible business who would.

Good Luck.

zee-chan-jpn-books · ‎06-14-2016

Not a business person nor law person but it kinda makes sense to me what the OP is saying though. For example, let's say I'm selling an action figure that has some sharp edges (character design). The manufacturer's warning note says it is intended for age 15 and above. I made the same note in my listing and had a photo of that warning in the listing. A buyer bought it and gave it to his 3 years old kid. The kid cut himself while playing. So the buyer bought it and used it "not as intended by the manufacturer" so why should I be sued for it?

mr.elmwood · ‎06-14-2016

Courts do not like disclaimers. Courts do not like people being asked to give up their rights. The signed clause would not prevent action anyway. You need a different approach.

.
.
.

i.am.vivian · ‎06-14-2016

@fracsim wrote:
I manufacture and sell diagnostic tools used in high risk environments. It is a very small limited corporation. the contract i ask all customers to sign is to prevent lawsuit in case someone does something with the product that that it was not intended for and it causes harm to person or equipment. Most large manufacturers have special insurance, but the cost of that alone is greater then all my gross income as a company.

You need to talk to a lawyer. Not just because of whether or not you can sell this on ebay but because the disclaimer you make people sign may have no validity. OR maybe if you are clear in explaining its use on the tools and someone uses it the wrong way, legally the fault is all theirs and not yours, insured or not. You also need to talk to that lawyer about liability insurance.

Have a full list of questions prepared before you go and take these with you. You really only need the first consultation to ask your questions and that $300 can save you thousands or even millions later.

zee-chan-jpn-books · ‎06-14-2016

@mr.elmwood wrote:
Courts do not like disclaimers. Courts do not like people being asked to give up their rights. The signed clause would not prevent action anyway. You need a different approach.

Uh, how about a mom who bought a pack of knifes for cooking but her kids found their way to the knifes. The mother did not put her knifes away appropriately. Would knife manufacturers be sued for it? I certainly hope not...... Shouldn't this be common sense, don't give little kids sharp objects? Or isn't that the reason why some hot beverages had "caution: hot" labels on them so beverage stores can't get sued...

But yeah my poor examples aside, I think it's a good idea for OP to consult a lawyer as vivian noted above, because diagnostic tools (medical?) might have other law regulations that most people aren't aware of.

aubreyclay56 · ‎06-15-2016

@zee-chan-jpn-books wrote:
@mr.elmwood wrote:
Courts do not like disclaimers. Courts do not like people being asked to give up their rights. The signed clause would not prevent action anyway. You need a different approach.
Uh, how about a mom who bought a pack of knifes for cooking but her kids found their way to the knifes. The mother did not put her knifes away appropriately. Would knife manufacturers be sued for it? I certainly hope not...... Shouldn't this be common sense, don't give little kids sharp objects? Or isn't that the reason why some hot beverages had "caution: hot" labels on them so beverage stores can't get sued...

But yeah my poor examples aside, I think it's a good idea for OP to consult a lawyer as vivian noted above, because diagnostic tools (medical?) might have other law regulations that most people aren't aware of.

ok i see exactley what you mean i sell a lot of vintage radio and similar items that have a sticker on the back saying something to the effect that this item contains high voltage so do not tamper with the item for repair by a qualified person that is qualified to do the repair,most electronics have that and is a legal disclaimer by law to exclude you from someone electrocuting them self and if that item has that instruction listed in the warrenty there is nothing ebay or the prince of england can do about it it is a legal warring and if im on the right track which im sure i am ,not sure it has to be a patent item?sounds complicated but laws protect you on this type of thing

retroman_studios · ‎06-15-2016

At best you can warn individuals and make reasonable effort to discourage persons from taking certain actions with a product, which may include tamper proof screws or other methods of sealing or blockage. This way by the attempts to circumvent a safety feature often null any reasonable effort to sue in court etc.

The other issue you face is your buyer could have local laws that make such a 'legal agreement' illegal and not enforceable.

eBay probably is not the best venue for such a product, if a disclaimer is needed.

fracsim · ‎06-15-2016

A lot of good feed back here, The contract was drawn up by my lawyer and cost 2000$ to have it done. The manual sold with the device describes proper intended usage including warnings on the device its self. I will continue sales without using eBay.

Thanks for the feed back.

i.am.vivian · ‎06-15-2016

@fracsim wrote:
A lot of good feed back here, The contract was drawn up by my lawyer and cost 2000$ to have it done. The manual sold with the device describes proper intended usage including warnings on the device its self. I will continue sales without using eBay.

Drawing up a contract uses legal services and that always costs alot more than an initial Q&A session. It is good you saw someone about this. Did the lawyer actually say you would be safe from legal claims if everyone who buys signs the waiver?