REFLECTOR: Fwd: Liability release

Sat May 5 15:13:29 CDT 2012

Hi Lon,
Ah ha... I think I found it.

Here ya go... from 2005.

Thanks,
Kevin Baker
N164PS

-------- Original Message --------
Subject: 	REFLECTOR: Liability release
Date: 	Fri, 29 Jul 2005 16:21:54 -0700
From: 	Al Gietzen <ALVentures at cox.net>
Reply-To: 	Velocity Aircraft Owners and Builders list <reflector at tvbf.org>
To: 	reflector <reflector at tvbf.org>

Steve;

Here is something in my archive file that Ron sent a while back;

Al

Here's some wording from a Bill of Sale a friend of mine used (he is a 
lawyer) to sell his V:

_AGREEMENT OF __SALE_

BE IT KNOWN that on this day, the _______day of _________________, 20__, 
the following parties did enter into and contract for the sale of a 
certain aircraft as will be described hereinafter, in accordance with 
and subject to the following:

Vendor, (Seller)

and,

Vendee, (Buyer)

That Vendor and Vendee have contracted for and executed a certain 
aircraft bill of sale which is being executed contemporaneously 
herewith, and  it is the intent of the parties that said act of sale be 
made in conjunction with the following terms and conditions described 
herein.  The aircraft referred to herein is a certain experimental 
aircraft, hereafter referred to as "airplane" or "aircraft", described 
as follows:

Type: Experimental Velocity _________ (Model)

F.A.A. Reg. # N

Model:

Serial:

Engine:

Vendor declares and Vendee acknowledges that said airplane is an 
experimental class aircraft which was built by Vendor, who at the time 
of construction of the airplane was an amateur aircraft builder and that 
Vendor neither professes or claims that he has nor had any expertise or 
skills in the construction or assembly of composite aircraft, or their 
component parts or equipment, nor in the maintenance of said aircraft 
since its licensing.

. That in consideration of the sale and assignment of said aircraft by 
Vendor to Vendee, for a price of $___________________, cash, Vendee does 
hereby bind itself, its heirs, leasees or assigns in title, and does 
hereby agree to release and hold harmless, Vendor, his heirs and 
assigns, free from any and all claims whatsoever, associated with or 
arising out of any use, or operation of said aircraft, regardless of 
whether said claim arises out of any act or omission of Vendor, whether 
as a vendor, builder, assembler, manufacturer, mechanic or repairman of 
said aircraft or any of its component parts, or failure of Vendor to 
warn of any defective part, design or assemblage of said aircraft, 
whether known or unknown, and Vendee shall indemnify Vendor from any and 
all such claims arising hereafter, in the event of subsequent liability 
of Vendor for same.

Vendee acknowledges that Vendor has made no express or implied 
representation or warranty regarding the continued airworthiness or 
safety of said aircraft and Vendee shall assume total responsibility for 
the future operation and maintenance of said aircraft and shall obligate 
himself, his agents or assigns to inspect and correct any and all 
defects or deficiencies on said aircraft which may in any way affect the 
future safe operation, whether or not visible or detectable by 
reasonable and ordinary inspection, and to be solely responsible for any 
and all plans changes or recommendations issued by Velocity Aircraft 
Factory or the FAA regarding said aircraft to-date or in the future.

Vendee further acknowledges that the terms of this agreement shall be 
controlling as to any actual sale or delivery of said airplane whether 
or not specifically incorporated in the terms thereof or by reference 
and that this document contains the entire agreement between the parties 
and that its terms may only be modified by specific written agreement. 
That Vendor sells said aircraft as is without any warranty as to fitness 
as to any purpose whatsoever and that this agreement shall become an 
addendum to the Owner’s manual of said aircraft and shall become binding 
on any subsequent purchaser, assignee, or operator of said aircraft, and 
that the terms and conditions of this agreement and for any action 
arising therefrom or from the sale, manufacture or maintenance of said 
aircraft shall be controlled and governed solely by the Laws of the 
State of _________________ and jurisdiction and venue for the same shall 
vest solely in the State of __________________.

                               Thus done and signed this______day of 
______________,20___, at ________________ in duplicate original.

WITNESS: 
                                                                        &nb sp;             __________________________ _____________________________ Vendor

                            ___________________________

Vendee              &nbs p; BY:__________________________

    st.html

Attachment Converted: "C:\Program Files\Eudora62\ATTACH\ATT00017.txt" 
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