Department of Legal Affairs and Environment
REPLACING PARTS WITH « NON CERTIFIED ORIGINAL PARTS »
WARNING
to equipments users
and to imitated parts manufacturers or sellors
REGARDING LEGAL RISKS – SAFETY - COUNTERFEITING
1. CHANGING OR MOFIFYING COMPONENTS WITH OTHERS THAN THOSE ASSEMBLED
AND RECOMMANDED BY THE MANUFACTURER, IS LIKELY TO QUESTION AGAIN
THE INITIAL SAFETY CONDITIONS OF THE EQUIPMENT.
Any like opération on the equipment will be fully chargeable to he who will have
intervened, and will be likely to challenge the validity of the manufacturer delivered EC
marking.
In this event, the EC déclaration of compliance lapses and THE MANUFACTURER WILL
DISCLAIM HIS REGULATORY LIABILITY.
2. PARTS COUNTERFEITING AND UNFAIR COMPETITION CARRY HEAVY CIVIL AND
CRIMINAL PENALTIES.
Counterfeiting or infringement involves
the manufacturer’s, the dealer’s /retailer’s , or even
in some case the imitated parts user’s civil and criminal liability
.
Unfair competition involves the manufacturer’s and the « slavish imitations » dealer’s civil
liability, in so far as they take unjustified benefit of this operation, distort usual rules of
competition law by misappropriating the manufacturer’s efforts of design, adjustment,
research of best adequacy and know-how.
The mechanical engineering industries manufacturers
Þ Warn parts manufacturers and dealers, duplicating or selling original parts, about
the legal risk of imitations and unfair competition as for manufacturing and distributing
slavish imitations.
Þ Draw users’ attention to the risk for their EC declaration to lapse in case the safety
conditions originally defined by the equipment manufacturer would be modified, and call
for them not to participate in the intellectual property misappropriation and plundering
which certain dishonest operators indulge in.
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