HI Brian and the group,
With respect to providing information to your competitors, which I have seen
happen to many of my clients when they furnish documentation to prospective
customers, I would have them sign an NDA so they would be liable if the
information was divulged to a third party without your permission. This would
apply to quotes and other documentation like your risk assessment. I have seen
companies take a quote from one of my clients and send it to a competitor to
see if the competitor can beat the quote. The competitor underbids on the
project even though are not even competent to do the work! Also your document
should be marked company confidential, not for distribution. This is not
unusual and you need to protect yourself and your company.
Doug
On Thu, 17 May 2018 13:56:55 -0500, Ken Javor wrote:
Just commentary – no authoritative information. This sounds like the customer
company’s lawyers looking to divert blame in the event of a lawsuit by showing
due diligence on their part, and maybe, just maybe, redirecting the blame
vector towards your company if someone can make the case your company didn’t
adequately assess your product's risk.
Ken Javor
Phone: (256) 650-5261
From: "Kunde, Brian" <brian_ku...@lecotc.com>
Reply-To: "Kunde, Brian" <brian_ku...@lecotc.com>
Date: Thu, 17 May 2018 18:43:38 +0000
To: <EMC-PSTC@LISTSERV.IEEE.ORG>
Conversation: Customer Requests for Risk Assessments
Subject: [PSES] Customer Requests for Risk Assessments
Our company makes Laboratory Equipment (test and measurement analyzers).
Our company performs a Risk Assessment early in the development stage of all
new products as so suggested by such documents. We generally use the EN ISO
12100. Creating this document highlights the possible sources of risks and
allows our engineers to design products with an inherent design which minimizes
the risks as much as possible. Our Risk Assessment becomes a
document with a lot of detailed information including calculations, test
results, detailed data, and other design specifications. Such information
is considered highly confidential by our company.
On occasion, and in increasing frequency, our company is asked by potential
customers to provide them with a Risk Assessment Report for our products.
Sometimes they threaten us such as they will not or cannot consider our
products unless we provide such documentation.
1. Why are customers asking for a Risk
Assessment? Where did that requirement become from?
2. Other than the potential loss of a sale, are
we obligated to provide our customer with a Risk Assessment? I do not see
such a requirement in the Directives or Standards we use.
3. Any of you been receiving similar requests? If
so, do you provide a Risk Assessment? If so, are you not worried about
providing such information? Couldn’t this information be used against you
in court? Is there a fear of providing useful information to your competitors?
Part 2:
I have requested a sample of the Risk Assessment our customers are expecting
our company to provide. The examples documents are for the most part
meaningless with little real detail about anything. But, if that is all
they want to make them happy, we are considering generating such a document
just to satisfy these requests. Any comments?
When I ask our customers what information they are looking to gain from the
Risk Assessment, they tell me they want to know the level of residual risks our
products might have. I reply that all residual risks are well documented
and warned about in the provided User Manual. However, this doesn’t seem
to satisfy them. They still want a Risk Assessment Report.
So are other companies having to generate a stripped down Risk Assessment with
no real detail to satisfy these customer requests? Or is it just us?
Thanks for your input, comments, and suggestions.
The Other Brian
LECO Corporation Notice: This communication may contain confidential
information intended for the named recipient(s) only. If you received this by
mistake, please destroy it and notify us of the error. Thank you.
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