In message <[email protected]>, dated Wed, 10
Jul 2013, Douglas Nix <[email protected]> writes:
IMO, the key words are "...intended to be used permanently at a
predefined location". If the machine could be purchased by any customer
and used in any location, even if it's a one-off, then it is apparatus
under the definitions in the directive.
It is very unlikely that a 'one-off' would be made without a specific
customer for it. So 'any customer in any location' is not appropriate.
While I agree that the wording is not entirely clear, the overriding
point is that it is a 'one-off' or one of a very few. The intention is
to relieve the burden of very costly testing for these rare products.
If it can
Not 'can' but 'will'.
only be installed in one location and is designed specifically for that
location and application, then it would be a fixed installation under
the definition.
In practice, all such installations are 'designed specifically for that
location', and ipso facto, by being a 'one-off' or one of very few, are
designed for a specific application.
--
OOO - Own Opinions Only. See www.jmwa.demon.co.uk
Why is the stapler always empty just when you want it?
John Woodgate, J M Woodgate and Associates, Rayleigh, Essex UK
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