Saturday, May 22, 2010

CE Marking Liability

Who is liable for a product?
Since the introduction of European product legislation and CE marking, product liability has become a very important factor for the manufacturer, exporter or importer in conducting trade in Europe. The central element of European product legislation is user safety.

If damage or injury is sustained from a particular product, the user may hold the manufacturer, authorized representative, agent or importer responsible. European legislation in the area of product liability allows users of products to claim damages as the result of an injury. All manufacturers, exporters and importers have a responsibility to ensure that the products they place on the market are safe. European product liability legislation provides instruments and enforcement for users who want to claim damages.

It is therefore necessary for parties involved in the placing of products on the European market to reach contractual agreements in order to cover liability issues.

Liability aspects should be covered not only in the CE marking administrative requirements such as the declaration of conformity, Technical Construction File and user manual, but also in the sales contract.



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