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Experimental Bill of Sale/Waiver

 
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Vanremog(at)aol.com
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PostPosted: Thu Apr 27, 2006 8:12 pm    Post subject: Experimental Bill of Sale/Waiver Reply with quote

I wanted to at least get the text of my Bill of Sale that I used when =20
selling my Kitfox back in 1997 out in this forum so that people can argue i=
ts=20
merits and improve it as feasible. The previous .doc file I pasted from wa=
s=20
soundly trounced by Matt's e-mail filter, so let's try pasting from a .txt=20=
file of=20
it. I can send the original .doc file if any of you or your lawyers want i=
t=20
as a basis for further development.
=20
Let's try to play nicely now. I know that anyone that puts forth any =20
opinion on the list these days is due for a solid thrashing just for old ti=
mes=20
sake, but just keep in mind that we're trying to be constructive here. I d=
on't=20
care what any of you say anyway, so let the games begin ;o)
=20
-GV
=20
=20
=20
EXPERIMENTAL-AMATEUR BUILT AIRCRAFT SALES AGREEMENT
=20
THIS FORM SUPPLEMENTS, BUT DOES NOT REPLACE, FAA AC FORM 8050-2. THE FAA=20
REGISTRATION-NUMBER OF THIS AIRCRAFT IS NXXXX. THIS AIRCRAFT WAS CONSTRUCTE=
D
IN ACCORDANCE WITH PLANS SERIAL NUMBER XXXXX, AND IS A FACSIMILE OF AN=20
AIRCRAFT KNOWN AS AN XX-XX. THE AIRCRAFT IS DESCRIBED IN GREATER DETAIL
ON SHEET 2 OF THIS AGREEMENT.
=20
The experimental-amateur built aircraft being sold is not designed and/or
built to meet any defined standards of airworthiness as are =E2=80=9CStandar=
d =20
Aircraft=E2=80=9D.
This aircraft does not have an FAA Form 317 Statement of Conformity
on file, as there are no FAA approved data with which to conform. In the
case of experimental-amateur built aircraft, the registered owner(s) is/are
the experimenter(s). Most parts of this aircraft were not built in permane=
nt
jigs and, as such, may not be directly interchangeable with like parts
on other aircraft of the same facsimile. The original builder of this
experimental aircraft may possess a repairman=E2=80=99s certificate for pur=
poses
of maintaining and performing condition inspections on this aircraft only,
although he/she may not be a professional mechanic nor possess an FAA A&P
license. FAA records list the registered owner(s) as the manufacturer of
an experimental-amateur built aircraft as the manufacturer and, as=20
manufacturer,
the registered owner(s) is/are free to make any modifications or changes to
the design as they see fit, although notification of major alterations have
and must be made to the FAA. This aircraft is an example of the =20
builder/owner=E2=80=99s
creative ability and was built for their education and recreation. Upon=20
sale,
the newly registered owner of this experimental-amateur built aircraft in=20
fact
will be considered its new manufacturer. As of the date of sale, the new=20
owner
becomes responsible for its aerodynamic and structural function and/or=20
concept.
The new owner is responsible for the performance, fit and/or purpose of eve=
ry
part/piece on the aircraft.
=20
No warranty of any kind, either expressed or implied, is made to the =20
Purchaser
or anyone else as to the merchantability or airworthiness of NXXXX.
This experimental-amateur built aircraft is sold on an =E2=80=9CAS IS, WHER=
E-IS
and WITH ALL FAULTS PRESENTLY INCORPORATED=E2=80=9D basis.
=20
Flying poses certain inherent risks that can result in serious injury or =20
death.
Any person who pilots or acts as passenger in this experimental aircraft do=
es
so at his/her own risk. Because of the sale hereof and in receipt of other
good and valuable consideration, the Purchaser/new Owner hereby Waives and
Releases the seller(s) from any and all Demands, Claims of every kind,
including but not limited to, Liability, Breach of Warranty or Negligence,
which the Purchaser, owner , pilot, and/or passenger in this experimental
aircraft may have. This Release and Waiver is binding on all Heirs, Person=
al
Representatives and Assigns of the Purchaser, Subsequent Owners, Pilots=20
and/or
Passengers.
=20
As Purchaser/new Owner, I accept the terms of this Sales Agreement for the
experimental-amateur built aircraft identified above and agree to be bound
by the above stipulations. I agree that any subsequent sale of this aircra=
ft
will be made with the same disclosures, agreements and assurances listed
above as a minimum.
=20
Name of Purchaser/new Owner: Name of Purchaser/new Co-Owner: =20
Purchaser=E2=80=99s Address: Co-Owner=E2=80=99s Address: =20
Signature of Purchaser: Signature of Co-Owner: =20
=20
As Seller(s), on this XXth day of Month, XXXX in the County of XXXX, State
of XX, I/We do hereby sell, grant, transfer, release and deliver all rights=
,
title, interest, possession and responsibility for/to such experimental
aircraft to the above Purchaser and acknowledge the receipt of a Cashier=
=E2=80=99s
Check in the amount of $XXXX.00, payable to the Seller. No sales tax was
collected pursuant to State Law and this becomes the responsibility of the
Purchaser.
=20
Total Hours Engine and Airframe at time of sale XXX.X
=20
Name of Seller/Owner: Name of Seller/Co-Owner: =20
Seller/Owner=E2=80=99s Address: Seller/Co-Owner=E2=80=99s Address: =20
Signature of Seller/Owner: Signature of Co-Owner: =20
=20
Witness: Signature of Witness: =20
=20
This Bill of Sale is to be signed by all parties. The FAA dropped the
requirement for notarizing in 1972. Seller retains the original and a copy
is given to the Purchaser/new Owner. Seller sends a copy of the original=20
document
to the FAA along with Cancellation of Registration FAA AC FORM 8050-73.


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bo124rs(at)hotmail.com
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PostPosted: Fri Apr 28, 2006 2:50 am    Post subject: Experimental Bill of Sale/Waiver Reply with quote

Quote:
>>>This Release and Waiver is binding on all Heirs, Person=
al

Representatives and Assigns of the Purchaser, Subsequent Owners, Pilots=20
and/or
Passengers.<<<<<<

This is just one of the biggies. Sorry, the parties listed above can wave
the negligence flag. Man I know better than to get into this foray.


Dana Overall
Richmond, KY i39
RV-7 slider, Imron black, "Black Magic"
O 360 A1A, C/S C2YK-1BF/F7666A4
http://rvflying.tripod.com/id30.html
do not archive

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