- You may be putting
your customers' lives at risk if you use "reconditioned" or
"copy" parts which do not meet the Manufacturer's original
specifications.
- The fitting of
parts which do not meet the appropriate safety standards (e.g. relating
to the appliance CE marking) is an offence under the "Gas Safety
(Installation & Use) Regulations 1998"
- Installing such
parts will invalidate the original Manufacturer's Warranty.
- Fitting non-approved
parts could result in you not being indemnified in respect of a claim
against the Manufacturer, under Product Liability.
- It is unlikely
that an installer could succeed in passing on any claim against him
to the insurers of a "reconditioner", since a "reconditioner"
of parts which then do not meet the Manufacturer's original specifications
would almost certainly not have any insurance himself.
- Misrepresentation
is a very serious matter. If your customer suffers loss or damage as
a result, they are highly likely to take legal action against you or
your company.
- By law, every advertisement
is required to be honest and truthful. Advertisements for "reconditioned"
and "copy" parts may not comply with this requirement. The
OFT and Trading Standards Office are empowered to take action against
misleading advertisements.
- If a part is sold
as new or the impression is given that it is new, and it is then shown
to be reconditioned, this is a prosecutable offence under the Trade
Descriptions Act 1968. The fitting of parts which do not meet the appropriate
safety standards (e.g. relating to the gas appliance CE marking) is
an offence under the "Gas Safety (Installation & Use) Regulations
1998".
- If "copy"
parts carry the original Manufacturer's trade mark, legal action can
be taken by the trade mark's owner. The original Manufacturer may act
on the grounds that such a part has caused damage and loss to their
reputation.
- Think carefully
about the impact "rogue" parts could have, or if your company
has been approved to ISO 9001, you may be failing to comply with the
Quality Assurance requirements.
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