RE: OEM Issues (EU context)
Dear All, Who is liable? By purchasing a component that is CE marked will not satisfy your needs! You need to check the technical file of the component to ensure that it indeed meets the requirements. At the end of the day, you the end-product manufacturer are liable for the overall CE and your people are the ones spending time in jail! Merry Xmas and Have a Happy and Safe New Year! ---Original Message- From: owner-emc-p...@ieee.org [mailto:owner-emc-p...@ieee.org]On Behalf Of wmf...@aol.com Sent: Wednesday, December 13, 2000 5:03 PM To: emc-p...@ieee.org Subject: OEM Issues (EU context) Similar to the 'SAFETY LISTING' thread this week: As a manufacturer of electrical equipment, we purchase another manuf's power supply, CE-marked by them with a copy of their Declaration of Conformance. We then re-label it with our own label, make only minor physical changes, document the product and sell it in the EU. In the event that the unit's conformance to the Electromagnetic Compatibility Directive (89/336/EEC) or to the Low Voltage Directive (73/23/EEC) is challenged, who is liable to represent the product? My guess is that we are ast least as responsible as the 'manufacturer', above, but mine is not a legal opinion. Anyone out there (especially on the continent)in a position to offer advice on how I should proceed? Many thanks. WmFlanigan --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org
RE: OEM Issues (EU context)
Oh boy! I do think you have a potential can of worms here. I'll try and take this one by one, my responses preceded by TG: * ...then re-label it with our own label, make only minor physical changes, document the product and sell it in the EU. TG: I don't think that you can legally re-brand someone else's product without their permission. Are you also attaching their existing regulatory approval labels that are now associated with your name? That is misrepresentation, or worse. Regarding ...minor physical changes..., you may be sabotaging the power supply's existing safety approvals. * In the event that the unit's conformance to the Electromagnetic Compatibility Directive (89/336/EEC) or to the Low Voltage Directive (73/23/EEC) is challenged, who is liable to represent the product? TG: You are, since you are placing it on the market. Tania Grant, tgr...@lucent.com Lucent Technologies, Switching Solutions Group Intelligent Network and Messaging Solutions -Original Message- From: wmf...@aol.com [ mailto:wmf...@aol.com mailto:wmf...@aol.com ] Sent: Wednesday, December 13, 2000 7:03 AM To: emc-p...@ieee.org Subject: OEM Issues (EU context) Similar to the 'SAFETY LISTING' thread this week: As a manufacturer of electrical equipment, we purchase another manuf's power supply, CE-marked by them with a copy of their Declaration of Conformance. We then re-label it with our own label, make only minor physical changes, document the product and sell it in the EU. In the event that the unit's conformance to the Electromagnetic Compatibility Directive (89/336/EEC) or to the Low Voltage Directive (73/23/EEC) is challenged, who is liable to represent the product? My guess is that we are ast least as responsible as the 'manufacturer', above, but mine is not a legal opinion. Anyone out there (especially on the continent)in a position to offer advice on how I should proceed? Many thanks. WmFlanigan --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org
RE: OEM Issues (EU context)
As a manufacturer of electrical equipment, we purchase another manuf's power supply, CE-marked by them with a copy of their Declaration of Conformance. We then re-label it with our own label, make only minor physical changes, document the product and sell it in the EU. In the event that the unit's conformance to the Electromagnetic Compatibility Directive (89/336/EEC) or to the Low Voltage Directive (73/23/EEC) is challenged, who is liable to represent the product? My guess is that we are ast least as responsible as the 'manufacturer', above, but mine is not a legal opinion. If this p.s. is in any way accesable to the end user, and there are conditions of usage on a CDF or an agency product test report, removal of labels could have legal ramifications. Std Disclaimer: anything I say or do may or may not have anything to do with my employer's policies. --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org
RE: OEM Issues (EU context)
Hi, This is defined in some of the newer directives. i.e. the IVD Directive, 98/79/EC, Article 1, paragraph f. I have to assume that what is a manufacture in one directive is the same in all of the other directives. They wouldn't have different definitions, for the same word, in different directives would they? :-) (f) 'manufacturer' means the natural or legal person with responsibility for the design, manufacture, packaging and labelling of a device before it is placed on the market under his own name, regardless of whether these operations are carried out by that person himself or on his behalf by a third party. The obligations of this Directive to be met by manufacturers also apply to the natural or legal person who assembles, packages, processes, fully refurbishes and/or labels one or more ready-made products and/or assigns to them their intended purpose as devices with a view to their being placed on the market under his own name. This subparagraph does not apply to the person who, while not a manufacturer within the meaning of the first subparagraph, assembles or adapts devices already on the market to their intended purpose for an individual patient; Ned Devine Entela, Inc. Program Manager III Phone 616 248 9671 Fax 616 574 9752 e-mail ndev...@entela.com -Original Message- From: acar...@uk.xyratex.com [mailto:acar...@uk.xyratex.com] Sent: Wednesday, December 13, 2000 12:41 PM To: wmf...@aol.com Cc: emc-p...@ieee.org Subject: Re: OEM Issues (EU context) WmFlanigan Our interpretation and how we always treat such issues is, as the seller of the equipment you are responsible to ensure it meets the requirements of the Low Voltage and EMC directive. As you are re badging it, you will need to draw up your own DOCs. Off course you can base your conformity to the directives on the DOC provided with the original product. If you were not re badging, then no new DOC required. Simple rule, if your name is on the front, you are claming responsibility for the product. wmf...@aol.com wrote: Similar to the 'SAFETY LISTING' thread this week: As a manufacturer of electrical equipment, we purchase another manuf's power supply, CE-marked by them with a copy of their Declaration of Conformance. We then re-label it with our own label, make only minor physical changes, document the product and sell it in the EU. In the event that the unit's conformance to the Electromagnetic Compatibility Directive (89/336/EEC) or to the Low Voltage Directive (73/23/EEC) is challenged, who is liable to represent the product? My guess is that we are ast least as responsible as the 'manufacturer', above, but mine is not a legal opinion. Anyone out there (especially on the continent)in a position to offer advice on how I should proceed? Many thanks. WmFlanigan --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org -- Andrew Carson - Product Safety Engineer Xyratex Engineering Laboratory Tele 023 92496855 Fax 023 92496014 --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org
Re: OEM Issues (EU context)
WmFlanigan Our interpretation and how we always treat such issues is, as the seller of the equipment you are responsible to ensure it meets the requirements of the Low Voltage and EMC directive. As you are re badging it, you will need to draw up your own DOCs. Off course you can base your conformity to the directives on the DOC provided with the original product. If you were not re badging, then no new DOC required. Simple rule, if your name is on the front, you are claming responsibility for the product. wmf...@aol.com wrote: Similar to the 'SAFETY LISTING' thread this week: As a manufacturer of electrical equipment, we purchase another manuf's power supply, CE-marked by them with a copy of their Declaration of Conformance. We then re-label it with our own label, make only minor physical changes, document the product and sell it in the EU. In the event that the unit's conformance to the Electromagnetic Compatibility Directive (89/336/EEC) or to the Low Voltage Directive (73/23/EEC) is challenged, who is liable to represent the product? My guess is that we are ast least as responsible as the 'manufacturer', above, but mine is not a legal opinion. Anyone out there (especially on the continent)in a position to offer advice on how I should proceed? Many thanks. WmFlanigan --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org -- Andrew Carson - Product Safety Engineer Xyratex Engineering Laboratory Tele 023 92496855 Fax 023 92496014 --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org
RE: OEM Issues (EU context)
The person who places the device on the market is ultimately responsible for compliance with all directives. So you would be responsible to assure your modifications do not affect the original compliance attributes. Thanks!!! Monty Griffith Test Engineer INTERGRAPH FEDERAL SYSTEMS Tel: (256) 730-4265 Fax: (256) 730-6816 e-mail: mjgri...@ingr.com http://www.intergraph.com/govt/ -Original Message- From: wmf...@aol.com [mailto:wmf...@aol.com] Sent: Wednesday, December 13, 2000 9:03 AM To: emc-p...@ieee.org Subject: OEM Issues (EU context) Similar to the 'SAFETY LISTING' thread this week: As a manufacturer of electrical equipment, we purchase another manuf's power supply, CE-marked by them with a copy of their Declaration of Conformance. We then re-label it with our own label, make only minor physical changes, document the product and sell it in the EU. In the event that the unit's conformance to the Electromagnetic Compatibility Directive (89/336/EEC) or to the Low Voltage Directive (73/23/EEC) is challenged, who is liable to represent the product? My guess is that we are ast least as responsible as the 'manufacturer', above, but mine is not a legal opinion. Anyone out there (especially on the continent)in a position to offer advice on how I should proceed? Many thanks. WmFlanigan --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org
RE: OEM Issues (EU context)
Hello mr. Flanigan, The one that actually sells the product on the European Market will be held responsible. I am not sure if you are USA based, but in that case your REP will get the headache, as well as bear all legal (and financial) consequences. Hope for him he has a decent contract with you, hope for you you don't.:)) If you don't have a REP, well then it's your EC customer who is liable ! You'd better have one anyway, to prevent being sued one day by one of your customer's. Your REP will hold the (by him) signed DoC. Regards, Gert Gremmen, (Ing) ce-test, qualified testing === Web presence http://www.cetest.nl CE-shop http://www.cetest.nl/ce_shop.htm /-/ Compliance testing is our core business /-/ === -Original Message- From: owner-emc-p...@ieee.org [mailto:owner-emc-p...@ieee.org]On Behalf Of wmf...@aol.com Sent: Wednesday, December 13, 2000 4:03 PM To: emc-p...@ieee.org Subject: OEM Issues (EU context) Similar to the 'SAFETY LISTING' thread this week: As a manufacturer of electrical equipment, we purchase another manuf's power supply, CE-marked by them with a copy of their Declaration of Conformance. We then re-label it with our own label, make only minor physical changes, document the product and sell it in the EU. In the event that the unit's conformance to the Electromagnetic Compatibility Directive (89/336/EEC) or to the Low Voltage Directive (73/23/EEC) is challenged, who is liable to represent the product? My guess is that we are ast least as responsible as the 'manufacturer', above, but mine is not a legal opinion. Anyone out there (especially on the continent)in a position to offer advice on how I should proceed? Many thanks. WmFlanigan --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org attachment: Gert Gremmen.vcf
OEM Issues (EU context)
Similar to the 'SAFETY LISTING' thread this week: As a manufacturer of electrical equipment, we purchase another manuf's power supply, CE-marked by them with a copy of their Declaration of Conformance. We then re-label it with our own label, make only minor physical changes, document the product and sell it in the EU. In the event that the unit's conformance to the Electromagnetic Compatibility Directive (89/336/EEC) or to the Low Voltage Directive (73/23/EEC) is challenged, who is liable to represent the product? My guess is that we are ast least as responsible as the 'manufacturer', above, but mine is not a legal opinion. Anyone out there (especially on the continent)in a position to offer advice on how I should proceed? Many thanks. WmFlanigan --- This message is from the IEEE EMC Society Product Safety Technical Committee emc-pstc discussion list. To cancel your subscription, send mail to: majord...@ieee.org with the single line: unsubscribe emc-pstc For help, send mail to the list administrators: Jim Bacher: jim_bac...@mail.monarch.com Michael Garretson:pstc_ad...@garretson.org For policy questions, send mail to: Richard Nute: ri...@ieee.org
