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#1 Posted : 14 October 2009 16:47:00(UTC)
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Posted By Pat.T Hello Can anyone help with this query? my company are shop fitters and we are about to install some freestanding units for a Client (The Client have purchased them from a Danish company and are providing them for us to fit?) As we are only installing, can you tell what our H & S responsibilities are and if we can be liable if the units proved at a later date to be manufactured to unsafe UK standards? We don't have any information of the specification of manufacture. Thank you.
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#2 Posted : 14 October 2009 17:53:00(UTC)
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Posted By Raymond Rapp Pat I believe the liability would lie with the purchaser of the equipment ie the Client. On the proviso that any fault was found with the equipment and not the installation. However, if the installer had any doubts about the safety of the equipment, then this should be raised with the Client before installation. Ray
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#3 Posted : 14 October 2009 23:33:00(UTC)
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Posted By Ron Hunter Surely all parties have liability to some extent? The employer (the client), the supplier/importer into the UK (who might also be the client where the procurement is direct) and you as the installer for any fault arising from that installation. Wee puzzlement though: to what extent is a free-standing unit "installed"?
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#4 Posted : 15 October 2009 01:52:00(UTC)
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Posted By Ken Taylor If you have competence and good reason to believe that the units are unsafe or illegal you should not install them. You should install them correctly - which may require referring to manufacturer's or supplier's literature. It would seem advisable to state in writing as part of your contract that your liability will only be for the installation/fitting and not the condition, safety or suitability of the units (or words to that effect). Presumably as fitters you will have some clause of this type in your standard contract conditions as advised by a legal adviser.
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