Your understanding is correct. Delivery of the file to anyone other 
than an enforcement authority is a contractual matter, it is not an 
obligation of any of the directives.

Nick.


At 11:23 -0600 1/6/10, Chris Anderson (cmanderson) wrote:
>Hi,
>
>I've been receiving conflicting responses on the following situation 
>and would like to get your responses: Company A designs and 
>manufactures a custom product for Company B.  Company A tests the 
>product for compliance to EN55022/EN55024, issues a DOC and applies 
>the CE mark to the product.  Company B integrates this product into 
>one of their systems for resale.  Who can request (demand) the 
>technical file?  So far I've received the following answers:
>
>1)      only the authorities enforcing the directive can demand it
>
>2)      Company B can demand it since Company A is selling the 
>product directly to them but the end-customer cannot demand it from 
>Company A since their business is with Company B
>
>3)      any end-customer can demand it,
>
>My understanding is that number one is correct.  From a business 
>standpoint, it would seem reasonable for Company A to comply with a 
>request from Company B (perhaps delivering only required parts and 
>with an NDA in place to ensure it is not redistributed), but it 
>would not legally be required.
>
>Thanks in advance to anyone who cares to offer their thoughts.
>
>Chris
>

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