I thought it was the person who placed the product on the market that was
responsible for issuing the DoC?
In this case there are 2 markets that the product is being placed on to. The
commercial market and the end user market.
Company B should issue the DoC. But to show "due diligence" they should obtain a
DoC (and copies of test reports) from Company A. That way if it ever goes to
court, Company B can show that they showed due diligence in maintaining
appropriate documentation and that Company A is responsible for the failure to
comply.
Chris.
John Woodgate <[email protected]> on 08/11/2002 09:39:21
Please respond to John Woodgate <[email protected]>
Sent by: John Woodgate <[email protected]>
To: [email protected]
cc: (Chris Allen/GB/3Com)
Subject: Re: EU DoC - ATEX Examples
I read in !emc-pstc that John Allen <[email protected]> wrote (in
<BFE68AB0084CD311B4FB00508B014C8703CF9CD3@MERCURY>) about 'EU DoC - ATEX
Examples' on Fri, 8 Nov 2002:
>In response to John's comment/question, the answer could well be that the
>Commission and it's national enforcing authorities do not want to be faced
>with the possibility of having chase 2(or even 3 or more under a multiple
>branding situation) companies over a non-compliance/safety situation. Thus -
>as far as Directives compliance is concerned - they want only 1 company to
>take the responsibility for each product.
Maybe, but legally it won't wash. If Company B (marketer) were pursued
for a violation, its lawyers would immediately involve Company A
(manufacturer), and if they had previously earned their keep, that would
be based on the contract between A and B requiring A to provide a DOC in
every way and in every effect the same as if it were a DOC as required
by the relevant Directives.
--
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!
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