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Posted By Paul Howe Can I ask some advice under CDM. If a piece of machinery is being sold and is to be dismantled by the purchaser, am I right in saying that the role of the client for the dismantling project falls with the purchaser.
The question basically is whether a client may not necessarily be the site owner.
If so, what duties for the project fall with the land owner?
Any responses gratefully received. Would appreciate if anyone has a reference that enlarges on this.
Thanks very much,
Paul
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Posted By Geoff Burt Does dismantling machinery come under CDM?
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Posted By Stuart Nagle Paul.
Irrespective of CDM the problem is more of a contractual one. Whilst the machinery owner may have a client for the plant, is there any agreement that the new owner should dismantle and remove from site?
It may be that unless these issues are agreed in contract then the onus falls on the company selling the machinery to 'supply' it to the purchaser. apart from the fact that the CDM regs may apply in respect of man hours/days etc etc... I expect the PUWER and EU supply of machinery directives etc may also apply in respect of this. All plant manufactured after 89 (I think) has to comply with PUWER and now must comply with the requirements of the supply of machinery directives (as new even if second hand - except if pre 89). You would need to check these out also.
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Posted By Paul Howe The contract does specify that the purchaser will remove and take it away. The machinery is going out of the EEA.
Paul
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