I'm not a Marketing person, so I do not know the official term for it, but
there is a method of doing business where one company buy/sells a product
made by another company marked with the brand name and trademark of the
marketing company.  I've always called this "Branding", but like I said it
may officially be called something else.  Here is the situation in more

Company-A designs and manufactures a great Electronic Widget and will
produce the Widget in your company's color (Company-B), your company's name
on the manual,  and with your company's name and trademark on the front of
the Widget.  Company-A's name and address is on the Nameplate Label on the
back of the Widget. Company-A handles everything including the Conformity
Assessment, Generating the EU-DoC, Applying the CE marking, audits,
inspections, etc.. All you have to do is market and sell it.

Here is the Problem:  According to the EU Decision 768 document also known
as the New Legislative Format, paragraph 26,

"Any economic operator that either places a product on the
market under his own name or trademark .... should be considered to be
the *manufacturer *and should assume the obligations of the manufacturer."

Company-B accepts the responsibility and liability of the Widget but there
are many tasks called out that the "Manufacturer" must do that Company-B
cannot do, such as the conformity assessment.

Paragraph 21 states,

"The manufacturer, having detailed knowledge of the design
and production process, is best placed to carry out the
complete conformity assessment procedure. Conformity
assessment should therefore remain the obligation of the
manufacturer alone."

Company-B can be responsible for the conformity assessment, but they cannot
carry out the procedure because they do not possess the required detailed
knowledge of the design or production process.

A customer purchasing the Widget from Company-B asked for a copy of the
EU-DoC. The customer would not accept the EU-DoC because it was generated
by Company-A.  The customer insisted that Company-B generates the EU-DoC
because per the NLF, Company-B is the "Manufacturer" and so all
documentation should be in the letterhead of Company-B.  Does Company-B
have the credentials necessary to generate the DoC?

Must the DoC be in the letterhead of Company-B or should the customer
accept the DoC generated by Company-A?

Thanks to all.

The Other Brian

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