Time to sell the unicorn PTO splitter, risky?

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Highbeam

Highbeam

Minister of Fire
Dec 28, 2006
20,909
Mt. Rainier Foothills, WA
I ended up with a huge pile of wood to process and there was a sale so I got a huskee splitter. Now my bark buster splitter sits idle and I would like to sell it. Click on my signature link to check out this style of splitter.

Well, thing is, this thing could hurt someone. It's quite dangerous and the manufacturer was sued out of business but they never went around and recalled the devices.

Would you sell it? How much would you charge? To what lengths would you go to warn the future owner? Make him sign something? It's no more dangerous than a saw or a gun, but it is a rare and uncommon tool with no warning stickers.
 
Wow, that's a tough one but I agree with you when you say it's no different than selling anyone a gun or a lot of other tools for that matter. I guess you could always make them sign a waiver that you warned them this could be dangerous and hazardous to their health but I'm not sure on the legality of something like that holding up in court. Do you have any lawyer friends you could ask? Does the Unicorn splitter have any kind of warning stickers on it stating to be careful or how to properly use and position the wood?
 
Maybe this would be a good time to get the opinion of your attorney?
 
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It's worth $100 shipped to my door. Problem solved on all accounts.
 
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You're welcome.
 
Google "Waiver of Liability"...there are a grunch of choices to download/construct forms for free. I think I'd probably sell the thing on CL, very careful to include wording in the ad about everything you mentioned above, plus pics of course, and then make a signed Waiver of Liability a condition of sale. It is, after all, something of a collector's item...dangerous as it can be to use. Rick
 
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That thing is no more dangerous than some of the used car junk that get passed off on craigslist. Advertise it and be truthful about the dangers and your good. If you truly can't bear it on your conscience then strip the motor and sell it.
 
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I have a "thing" about selling saws that lack some of the more important safety features, namely handguards and chainbrakes, found on more modern equipment. Not that I wouldn't ever sell it but I am very choosy about to whom and under what conditions. This is exactly the reason I still have my Remington SL-9 and Stihl 031. They would only be sold to someone who respects the machine (experienced) and/or specifically wants a vintage saw for their collection. I wouldn't sell it to someone who was just looking for a cheap saw to hack up whatever mess is currently in their yard. Plenty of Poulans/Craftsmans out there with handguards and chainbrakes for that.

You should have no trouble selling that splitter (the novelty of it alone will attract buyers) but to whom is entirely your choice. I'd take Danno's offer into consideration and/or offer it up in the For Sale section here on Hearth.
 
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Looks like I killed the signature link to the unicorn splitter. Sorry about that.
 
I do have an attorney in the office that I can ask. Good idea.

The splitter has no engine, it has an exposed driveshaft that you attach to the tractors pto.

It's not that the warning stickers were removed it's just that there never were any. Once upon a time, they didn't have those stickers. You could even buy cars without seat belts.

I can certainly get more than 100 bucks for it and I am in the same pickle selling it to a forum member as to any other citizen. I can write a good ad or even a waiver and and save it but for how long? I mean cripes, if I am really doing something wrong then I have a lifetime of fear.
 
You're doing nothing wrong. You're simply looking to protect your ass(ets) from some whacko who hurts himself with this thing then wants you to be responsible because you sold it to him. Liability waivers are very common things. Rick
 
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fossil said:
Google "Waiver of Liability"...there are a grunch of choices to download/construct forms for free. I think I'd probably sell the thing on CL, very careful to include wording in the ad about everything you mentioned above, plus pics of course, and then make a signed Waiver of Liability a condition of sale. It is, after all, something of a collector's item...dangerous as it can be to use. Rick
Click to expand...

I might even go one step further and have your attorney friend in the office (or maybe a notary) be there to verify the exchange.....if its really gonna eat at you, it wouldn't hurt.
 
honestly, it's worth more than $100. I know that. Offer still stands, though, LoL.
 
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Talked to the attorney. He likes the liability waiver combined with the receipt idea. Gotta keep it forever.

I think the machine is dangerous but so are lots of machines and lots of people buy and sell things that possibly could be deadly.
 
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I considered buying one of these for a while. Still have the thought in my head and would possibly be interested if you come up with a price and whatever waiver you feel comfortable with.
 
swagler85 said:
I considered buying one of these for a while. Still have the thought in my head and would possibly be interested if you come up with a price and whatever waiver you feel comfortable with.
Click to expand...

It's a tractor implement, probably not too easy or cheap to ship. I expect to start a CL ad for 500$ and see where it goes.
 
Take only cash for it...in a Walmart parking lot. If the new owner has a problem (and can even find you) just say you've never seen the guy before. If I was that concerned there would no receipt or signed waiver. I wouldn't want any paper trail leading back to me.
 
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Flatbedford said:
Take only cash for it...in a Walmart parking lot. If the new owner has a problem (and can even find you) just say you've never seen the guy before. If I was that concerned there would no receipt or signed waiver. I wouldn't want any paper trail leading back to me.
Click to expand...

Oh, c'mon. A "paper trail" is pretty much unavoidable if you're gonna advertise the thing. This isn't exactly something he can conceal in his trench coat like an array of fake Rolex's. I see no reason to not be completely out in the open and legit in every way in selling this thing. It's just a piece of equipment, a tractor accessory, like a box scraper or a snow blade. As has been said, things a person could hurt himself with are routinely sold by the zillions every day. Hell, I've hurt myself with a danged screwdriver...didn't run to sue Sears or whoever sold it to me. Not likely to happen, but one legal document in the file, and Highbeam can rest easy. Anybody who knows what this thing is and wants it shouldn't have any problem at all with signing off on the waiver...it's just common sense. Make it clear in the ad that the document is a condition of sale, and you shouldn't even get a question or hesitation out of the buyer. Rick
 
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Flatbedford said:
Take only cash for it...in a Walmart parking lot. If the new owner has a problem (and can even find you) just say you've never seen the guy before. If I was that concerned there would no receipt or signed waiver. I wouldn't want any paper trail leading back to me.
Click to expand...

Walmart has about 6 million cameras in their lots for this very reason these days... Try Home depot instead.

I rebuild/restore antique farm equipment. I also still use this equipment in active farming. If you go to, say, an antique equipment swap meet, There are people who know the risks and would still be interested. If you were closer to me, I would be willing to buy it. Hell, I have a Gravely model L with a Buzz saw on the front (and I'm looking for the chainsaw attachment!) and, if I hurt myself with it, would only have myself to blame for the injury.
 
I can imagine the ad already.

You will probably die if you use this splitter. You will pay me cash for it, in a public place with no cameras, you will sign a waiver that I will keep, and there will be no receipt. My truck's license plate will be hidden.
 
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That will draw some interest.
 
Maybe a money drop, then you'll issue directions to where the splitter may be found. Nobody ever meets face to face. No witnesses. Get one of those voice scrambler deals to use with your untraceable prepaid disposable cell phone.
 
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Satellite phone!
 
I like my chances with a Gun alot better than that thing. With that said anything can happen with a pto driven equiment. I remember a guy crossing over the hay elevator when I was a kid. Pants got caught and that was the end. So, anyone using equiment like that knows the risk but I would not be affrid to remind them.
 
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