Re: Need legal advice?

["Mark Marooth" <MMarooth@xxxxxxx>]

Mark,

This gets a little tricky and whilst I'm not legaI I have been involved
with
procurement in the past for big toys like power stations but having said
that,
this is my opinion only and does not necessarily apply only to the CE
debate
i.e. using RF devices on a frequency which may not be approved in the
UK

1.   Shotgun suits are getting more common over here, as can be
expected, very
common in the states.
2.   As in any case, negligence or malice has to be proven but it
can take a
very long time and can be very costly to defend.
3.   I do not believe it is an offence in the UK to sell an
appliance which is
not CE certified.  You must not represent that an item is if it is
not, you must
make clear that the item is not on all documentation including (The legal
term)
any invitation to treat.
4.   As with 3 above, you must also make clear that any non CE
compliant
apparatus cannot be legally operated in the United Kingdom.
5.   It would be wise for any person accepting non CE compliant
apparatus to
acknowledge this to the supplier in some formal way.

Having said all that, none of the above would protect you in the
slightest
should a person or organisation decide to come after you for damages. 
I just
scanned a follow up from Dr John and his commentary is correct, Public
Liability
Insurance is one way to protect yourself from damages and whilst
Companies,
public institiutions and charities can get this quite easily (In fact must
have,
me thinks) private individuals may find it very difficult.

I'm just wondering whether there would be any merit in the group forming
a
co-operative (Has this been covered before ?), then you have a binding
charter
and any profit is returned as a dividend to the members.  I know next
to bugger
all about this but would be willing to do some research if there is
consensus
that it has merit.


Mark






--------+------------------------------->
       
          "Mark
Harrison"      
       
         
<Mark.Harrison@xxxxxxx
       
         
isher.com>          
       
                              
       
          30/05/2002
12:04     
       
          Please respond
to    
       
         
ukha_d              
       
                              
--------+------------------------------->
 
>----------------------------------------------------------------------------
 
                                                                           
        To:    
ukha_d@xxxxxxx                                       
        cc:     (bcc:
Mark
Marooth/SCOTIA)                                   
        Subject:    
[ukha_d] Need legal
advice?                             
 
>----------------------------------------------------------------------------




The combination of the BB threads and Nik's has made me worry. This ISN'T
about
profit or not, and it doesn't apply to the Audiotrons (see end) :-)





Let's run by a quick scenario:


- UKHAer "A", buys product "B" from US supplier
"C", through a bulk buy
organiser "D".


- 6 months later, "A" suffers an injury as his "B"
explodes.


- This injury forces him to take 12 months off work.


- Fortunately, he is insured, and his insurance company pays his
disability
benefit


- His insurance company then starts the normal process of looking for
someone to
claim the money back off.


- Increasingly, it is standard practice to issue "shotgun suits"
- ie to issue
suits for damages against everyone in the chain... manufacturer, US
supplier
"C", _and_ probably bulk-buy organiser "D".


... it's possible that the courts might rule that D had a responsibility,
had
committed an offence by selling something without CE certification, and
this
offence had ended up in an injury... therefore D was responsible?


What d'ya think?


M.



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