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Providing your product with or without CE marking


Question

We usually build machines that come with a CE declaration. Now there has been a question from a customer to supply a machine without a CE declaration. He asks this because of a cost reduction (less and lower class of safety components) on his investment.


The customer is aware that the machine does not comply with the regulations and is prepared to sign a statement. There are different opinions about the impact on our company as a producer in the event of an accident with this machine.


There are several suspicions about the consequences of an accident; Only our customer will be held liable (he deliberately proclaims this "unsafe" machine) or are we also liable as a producer? Are there any similar cases or is there legislation that can provide us with more clarity about our liability for a delivery such as this customer asking in this case?


Answer

It's simple, never sell anything that is contrary to the law. The declaration that the customer wishes to give is never accepted by a judge because it is a criminal agreement.


If something happens, you will be 100% responsible for the consequences despite this declaration from the customer. You may only market (sell) anything that is in accordance with all applicable requirements. You did not do that, so you're completely wrong!


The way out for the customer to buy only parts and to build them together is also blocked. If someone builds a machine (whether or not purchased from semi-finished products) for his own use, it must be in compliance with the legal requirements applicable to that machine before commissioning. Only then is it 100% accountable to the customer.


You will also need to provide care. Even black and white. The lack of a plug is not seen as delivering a semi-finished product, even if you do so by providing an II-B explanation. It's hard to fix it, but if there is no assembly of essential parts of multiple manufacturers, you're well off to account for total liability when an accident occurs. So purchasing the parts from you and the plug at firm X is also no solution.


Hopefully, you have some insight into the problem and have felt that it is risky (partly) to go with the customer.

 

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