I go with John except... With both companies within the EU then, in the UK (at least) the company that last sells the product is the company that has a contract with the end user. If the end user complains that "it doesn't work" and requests a refund / replacement it will be Company B that holds that liability.
I have just thought of another comment - Since company B is selling the product, then it will be responsible for any recall of its product sales even if company A is liable under the Directive. Again, I ?think? that this is the case in the UK and is probably so in the rest of the EU. Regards Tim ************************ Tim Haynes Electromagnetic Engineering Specialist SELEX Galileo, A Finmeccanica Company 300 Capability Green Luton LU1 3PG (Phone () +44 (0) 1582 886239 (Mob )) +44 (0) 7540629920 (Fax 7)+44 (0)1582 795863 (Email *) [email protected] www.selexgalileo.com P Please consider the environment before printing this email. There are 10 types of people in the world-those who understand binary and those who don't. J. Paxman From: John M Woodgate [mailto:[email protected]] Sent: 27 April 2010 21:38 To: [email protected] Subject: Re: [PSES] definition of manufacturer *** WARNING *** This message has originated outside your organisation, either from an external partner or the Global Internet. Keep this in mind if you answer this message. In message <[email protected]>, "[email protected]" <[email protected]> writes >Suppose company A manufactures, assembles, tests and CE marks a product >for available sale. As a courtesy to customers, Company B makes the >product available by giving it a company B part number for the customer >to order as an accessory to it's main product line. Company B does not >"brand label" the accessory, but rather leaves all Company A markings >intact. Who is responsible for meeting the requirements of the EMCD, >company A or B? Company B is just acting as a distributor of a product declared compliant by Company A. Of course, Company B might think it prudent to verify the claim of compliance, but has no legal responsibility UNLESS Company A is outside the EU while Company B is inside it. In that case, Company B bears joint responsibility. -- This is my travelling signature, adding no superfluous mass. John M Woodgate - This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to <[email protected]> All emc-pstc postings are archived and searchable on the web at: http://www.ieeecommunities.org/emc-pstc Graphics (in well-used formats), large files, etc. can be posted to that URL. Website: http://www.ieee-pses.org/ Instructions: http://listserv.ieee.org/request/user-guide.html List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <[email protected]> Mike Cantwell <[email protected]> For policy questions, send mail to: Jim Bacher: <[email protected]> David Heald: <[email protected]> SELEX Galileo Ltd Registered Office: Sigma House, Christopher Martin Road, Basildon, Essex SS14 3EL A company registered in England & Wales. Company no. 02426132 ******************************************************************** This email and any attachments are confidential to the intended recipient and may also be privileged. If you are not the intended recipient please delete it from your system and notify the sender. You should not copy it or use it for any purpose nor disclose or distribute its contents to any other person. ******************************************************************** - This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to <[email protected]> All emc-pstc postings are archived and searchable on the web at: http://www.ieeecommunities.org/emc-pstc Graphics (in well-used formats), large files, etc. can be posted to that URL. Website: http://www.ieee-pses.org/ Instructions: http://listserv.ieee.org/request/user-guide.html List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <[email protected]> Mike Cantwell <[email protected]> For policy questions, send mail to: Jim Bacher: <[email protected]> David Heald: <[email protected]>
