On 9/3/2014 11:31 AM, John Woodgate wrote:
In message
<b17a1c7235ca48aeb5ff6a4c66495...@blupr02mb116.namprd02.prod.outlook.com>
, dated Wed, 3 Sep 2014, Brian Oconnell <oconne...@tamuracorp.com>
writes:
Welcome to the North American compliance landscape where the
NRTL/SCC/NOM process allows an agency to cite 'internal' policy and
the assessment engineer's 'judgment' in lieu of any other rationale.
Not often, but it does occur.
Isn't that a field-day for lawyers?
No. The North American certification houses are non-government.
As such, the product they sell is certification (the right to use
the mark). They can (and do) set any rules they want, including
internal policy and engineering judgment. What's worse, they
don't have to apply them consistently. (And, they don't have to
apply science or engineering.) You either toe the line, or they
don't give you the right to use their mark.
The manufacturer hasn't been damaged by the cert house, so there
is nothing that a lawyer can recover on behalf or the manufacturer.
The manufacturer can go to another cert house. (I did this once
when a cert house was intransigent on my product.)
The CB scheme has reduced this somewhat. Now they worry about
(and are driven by) what another cert house will think of their
appraisal.
Pete's client is SOL (unless Pete can fix the situation). Maybe
the client should switch to Li-ion batteries! :-)
Best regards,
Rich
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