Let us throw in a slight complication. What if the unit in example Case 3
below is under original warranty and the repaired unit from the "repair
pool" is delivered to the customer under the same warranty conditions?
I agree that the "ownership" has changed but, as far as the unit itself is
concerned, there is no difference between Case 3 and Case 1. It remains a
repaired unit delivered to the customer (not sold) and, therefore, should
be treated as in Case 1 above.
These are my thoughts and rationalizations, and I would be interested to
see the viewpoint of others.
Tania Grant, Octel Communications
[email protected]
______________________________ Reply Separator _________________________________
Subject: RE: Dilemma, Repaired Units, To CE mark or not ?
Author: "WOODS; RICHARD" <[email protected]> at P_Internet_Mail
List-Post: [email protected]
Date: 2/6/97 8:39 AM
This is a tricky question. I can see that there are three cases that can
be considered.
Case 1: Unit is repaired and returned to the original customer. I find
nothing written that says you cannot do this. The unit is being placed
back in service, it is not being placed in service the first time. It is
not being placed on the market. That was done when it was sold to the
customer. The customer still owns it. The retention of ownership by the
customer is a very key element here.
Case 2: Unit is repaired and sold to a another customer as refurbished
or used equipment. This is not allowed per the Commission's explanitory
document on the the EMC Directive.
Case 3: Unit is repaired and placed in inventory in Europe as a
replacement unit if and when any customer's unit fails. I am inclined to
say that this is the same situation as Case 2. Ownership of the unit has
changed.
Richard Woods
Sensormatic Electronics
My comments alone and not those of my company.
>Subject: Dilema: Repared Units, To CE mark or NOT
>
>
>The one year lapse between the EMC and LVD requirements for the CE
mark
means
>that some units
>that are CE marked do not meet the LVD requirements , I do understand
that
the
>should have meet the LVD
>requirements since 1973. The original documentation is the DOC that is
sent
>with
>the instrument. This indicates
> the applicable Directives for the product.
>
>
>I think the forum has already covered the repair of non-CE marked
eqiupement
>that was put into
>service prior to the effectivity date of the Directives.
>
>However, a unit may be sent back (out of the EU) that is CE marked for
only
th
>EMC directive. If it is repaired
>and sent back to the EU, should the CE mark be left on?
>
>My feeling is that the mark should be removed unless it can be
modified
during
>the repair to meet the LVD. The
>repair paper work would then need to be visible to customs so that
they do
>not
>stop the product.
>
>We are currently looking for an interpretation on this issue.
>
>NOTE:
> I am clearly not a safety or compliance engineer. I am a product
engineer
>trying to determine the needs of
>my customers. This forum has been a great help and I apologize for
the lack
>of
>expertise. Thanks.
>
>Jim Stafford
Mit freundlichen Gruessen/Best regards, V. Gasse
