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Vans hold harmless and liability release

carrollcw said:
I agree. IF someone really wanted to challenge it, they would probably prevail. At the time of sale, there is no notice (that I know of) provided by Vans that a condition of the sale is the signing of the waiver. Once the consideration is paid for the parts and accepted by Vans, as I see it they have no right to withhold something that was part of the bargain. You cannot close a deal, have someone pay for it, then say, "Oh, by the way, you also need to sign this for me to deliver everything you expected".

However, if anyone did challenge it, for subsequent sales, Vans would simply put a conspicuous statement informing buyers of the policy. Then it would be a term of the sale.

There could be (and I am sure there is) a lot more to this analysis, but I don't have time to look up all the issues from my contracts class a yr ago (between working full time, law school full time, and building an RV7)!!!

In the end, I am not concerned with it. I plan on signing when it comes up.
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Actually, there is a license agreement that allows you to construct ONE plane with the serial number XXXXX from the set of plans. That agreement is in the preview plans manual. This has to be signed prior to building an aircraft. On the backside of this form is the waiver of liability form which clearly indicates that you need to sign it prior to flying it. It was in fact, this first form I noticed in my builders manual.
 
Exactly right.

Aaron,
You have it exactly right!
Bill,
If you do your homework and read the material that is provided to you by Van,
you won't be surprised at Van's business practices at the end of your build.
In fact, you'll find that their business practices are commendable and above board
and quite contrary to your apparent disgust with their handling of having you sign the waiver.
Furthermore, no one is attacking you and you shouldn not be sorry to have this issue brought up with "this group".
Maybe the seller of your tail kit failed to give you all the relevant paperwork
and you can be upset with him but as far as I can see, Van does everything
possible to make you aware of having you sign that liability waiver right from the start.
Now get that 10 finished and start flying already.
 
aarvig said:
Actually, there is a license agreement that allows you to construct ONE plane with the serial number XXXXX from the set of plans.
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There ya have it, it was part of the bargained exchange so there are no issues with it.
 
GMAC MIA

LettersFromFlyoverCountry said:
It's deja vu all over again. (BTW, you old-time VAF fans will have a whiff of nostalgia when you read GMCJetpilot's reference to "legal presidents." Man, those were good times! Dude's been silent now for 8 months. I miss him.)
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I miss his comments too and have often wondered why he suddenly stopped. He had a wealth of aeronautical knowledge. Congratulations on finishing your RV-7A. I'm sure you will be able to sell it, if you ever have to. I've enjoyed reading this site, since 2003; saved the 120k for my RV; concluded the bottom was going to drop out of the economy and decided to save the 120k. I still look forward to building an flying an RV someday. You are an inspiration, and I think you did the right thing to complete your RV. Good luck and be careful.
 
Liability for sold plane

Bill.Peyton said:
I believe that most are misunderstanding the issue.

The issue is that before I can get my bill of sale I am required to sign a document that I was never informed of, irregardless of what that document covers.

It does not sound like this happens in most cases, and mine slipped through the Vans process. Would my decision to build have been different had I known?

In terms of liability. I think that most all builders sell their aircraft with a release waiver, the standard EAA Bill of Sale includes the language. That is done during the purchase, not after the purchase as in this case.

This is a litigious country we live in, and it only gets worse. It's a shame:(
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Does anyone have any experience or advice regarding an experimental plane that was sold and then was involved in a crash?
 
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