In message <[email protected]>, dated Sat, 29 Aug 2009, Scott Xe <[email protected]> writes:
>Lots of Directives use ?a placed on the market date?. Lots of people >interpret if the products have not upgraded to the new directive, they >have to arrive in EU before that date and the products can be exempted >to sell it thru after the placed on the market date. Correct. >Is it legally correct to the spirit of the directive? No, but that's not the end of the matter. Laws cannot be applied with relentless logic. Extra-legal concessions have to exist to cope with practicalities. >If not, what should the retailers do if they cannot sell the goods in >the warehouse after the placed on the market date? They are given a period of grace, 12 months in most member states, unless there is a safety issue involved. Their contracts with the manufacturer may be void if they can't legally sell the products, so they could either negotiate a return for credit or take legal action under contract law. -- OOO - Own Opinions Only. Try www.jmwa.demon.co.uk and www.isce.org.uk Things can always get better. But that's not the only option. John Woodgate, J M Woodgate and Associates, Rayleigh, Essex UK - 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]>
