Is it legal for a manufacturer to require a buyer to sign a document in which the buyer gives up the right to resell or transfer a physical good?
Additional information: the product is being sold directly to the consumer by the manufacturer. The manufacturer requires agreement with terms and conditions. The terms and conditions include: "Buyer represents it will not [...], sell, or otherwise transfer, directly or indirectly, the Product." The product is not a digital good. It is best described as a kind of tool. Copyright does not appear to be an issue. The transaction is being conducted over the internet, but does not involve any reselling web site like eBay, Amazon, etc.; it is manufacturer directly to consumer.
Naive analysis: the product can be described as dangerous. The term appears to be an attempt by the manufacturer to ensure that all users are in fact original customers who have actually signed the various safety disclaimers in the T&Cs. This may be well-intentioned. But is it legal?
Additional information: the product is being sold directly to the consumer by the manufacturer. The manufacturer requires agreement with terms and conditions. The terms and conditions include: "Buyer represents it will not [...], sell, or otherwise transfer, directly or indirectly, the Product." The product is not a digital good. It is best described as a kind of tool. Copyright does not appear to be an issue. The transaction is being conducted over the internet, but does not involve any reselling web site like eBay, Amazon, etc.; it is manufacturer directly to consumer.
Naive analysis: the product can be described as dangerous. The term appears to be an attempt by the manufacturer to ensure that all users are in fact original customers who have actually signed the various safety disclaimers in the T&Cs. This may be well-intentioned. But is it legal?