aarvig
Well Known Member
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.
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.