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#1 Posted : 06 March 2005 19:35:00(UTC)
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Posted By Chris B My company needs to sell a lot of mechanical / electrical plant and equipment. We have nearly had our fingers burned in the past by not providing enough information, but it seems "caveat emptor" doesn't apply - which seems right. My question is, what do we have do to sell second hand plant & equipment - some of which may be prior to CE marking, and some of which we may have modified. My concern is that the powers that be seem to want to sell it on e-bay, whereas I'm concerned that we should consider ourselves a supplier rahter than a seller. Has any one come across the pherse bought for restoration / refurbishment? I look forward to your comments. Regards - Chris.
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#2 Posted : 06 March 2005 21:01:00(UTC)
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Posted By Stuart Nagle Chris. The work equipment regulations (see Regs, Regulation (1) Guidance Note 32) when existing work equipment is sold by one company to another and brough into use by the second company (after 1st Jan 93) it becomes 'new equipment' in the sense that it is covered as being 'brough into use' after the regulatory requirements require compliance. therefore, although the equipment is second-hand it it means that the pirchasing company needs to ensure it complies with the specific provisions of regulations 11 to 24 of the work equipment regs before putting it into use, but the equipment does not need to comply with the 'essential safety requirements' of acticle 100A Directives (see para 99 of the guidance notes) as the law in the respect is not retrospective. in order for the purchaser to do this, the supplier will need to ensure that the work equipment has all the relevant documents, plates, instructions etc etc as if it was new... or, if the purchaser is up to speed they are unlikely to purchase or will demand a severe cost reduction to cover obtaining all the relevant bits that the supplier should have provided. In this instance, some companies who produce machines, and I can advise from experience, charge hundreds of pounds for poor quality copies of machine operating instructions that a purchaser needs for machines that it has purchased without the relevant information etc.... regards... Stuart
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#3 Posted : 07 March 2005 15:09:00(UTC)
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Posted By Kevin Drew Chris, I've lifted this straight from previous threads that I've responded to about similar issues regarding the sale of secondhand machinery and work equipment in the past year or two. You cannot use phrases such as "sold as seen" in an attempt to avoid your obligations with regard to the safety of the items sold. I beleive this also applies to work equipment that is given away FOC although I would stand to be corrected. I would refer you to the following http://www.hse.gov.uk/press/2003/e03124.htm. Hope this helps. Kevin Drew
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