I read in !emc-pstc that [email protected] wrote (in <[email protected]>) about 'ReIssue: RE: When CE doesn't pass' on Fri, 22 Nov 2002: > >Thanks to everyone who responded to my earlier email. After reading the >replies, I wanted to rephrase and clarify our situation to see if it matters. > >We design, manufacture, and market stand-a-lone Product A. But some of our >customers want a complete turn-key system. So we purchase and re-sell Products >B, C, and D. Each are individually marketed by their manufacturer and has the >CE >marking. We sell and setup this turn-key system for our customers. This might >be seen as CE+CE+CE+CE should equal CE. > >Our company always wants to do what's right, so we test this turn-key system >for >CE. During the EMC testing, Product D causes the system to fail. Additional >investigation finds that Product D fails all by itself, independent of the rest >of the system. When the manufacturer of Product D is contacted, they reply >with, "it passes when we test it". Another problem is that we do not have >enough buying power to force them to look into the problem and threatening them >with turning them in won't help us ship product. > >Is there any train of thought, loophole, or documentation trail that will >allow >us to market and sell this turn-key system?
Yes. See below. > How do we become liable for a CE >labeled product that someone else's makes? I know we don't want to sell a >non-compliant system, but what are we to do? See below. > >Some suggest fixing the product yourself. If it can't be done externally, as >soon as we open up the unit don't we become responsible for it including >safety? Yes, you do. >I don't think we want to do that. > I don't blame you. The crunch question is whether you are selling a 'system' or an 'installation' ***as defined by the Directive***. If these 'turnkey' systems are really produced for individual customers' requirements, and are not routinely-produced items, then they are 'installations'. To establish this, you do not quote **or invoice** an inclusive price for the whole shebang (which would make it a 'single article of commerce') but individual prices for the constituent products, especially those you are re-selling. Assuming that you don't act as the importer of these third-party products into the European Economic Area, you then have minimal responsibility for the EMC or safety performance of the third-party products, **provided** that you have valid DoCs for them. -- Regards, John Woodgate, OOO - Own Opinions Only. http://www.jmwa.demon.co.uk Interested in professional sound reinforcement and distribution? Then go to http://www.isce.org.uk PLEASE do NOT copy news posts to me by E-MAIL! ------------------------------------------- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. Visit our web site at: http://www.ewh.ieee.org/soc/emcs/pstc/ To cancel your subscription, send mail to: [email protected] with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Ron Pickard: [email protected] Dave Heald: [email protected] For policy questions, send mail to: Richard Nute: [email protected] Jim Bacher: [email protected] All emc-pstc postings are archived and searchable on the web at: http://ieeepstc.mindcruiser.com/ Click on "browse" and then "emc-pstc mailing list"
