Importing machinery from China for resale.

[JOGARA]

Recently started to look into importing a line of machinery for assembling electronics for myself and have been asked by the manufacturer in China to become the UK and Europe agent/distributor for said machines.

What I am worried about is the fact that I will become responsible for these machines meeting regulations for sale within GB and EU.

From the research for the UK, it looks like I need to make sure the machines are checked as per the "The Supply of Machinery (Safety) Regulations 2008".

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1033498/Guide-to-machinery-safety-regulations-2008-version-2.pdf

But other than saying "applicable essential health and safety requirements", it does not actually state what said requirements are, unless if I have skipped them?

And the EU website is no better, basically sending me in a loop.

Machinery (MD)

Directive 2006/42/EC

ec.europa.eu

Is anyone able to link me to the actual requirements and standards that either are talking about?
Thanks!

 

[WaveJumper]

Difficult to know without knowing the nature of the actual product but a couple of links which might (hopefully) take you in the right direction

What is the UKCA mark and how does it affect my small business? - Small Business UK

We explain the new UKCA mark which has replaced the CE mark for products sold on the market in Great Britain

smallbusiness.co.uk

UK Market Conformity Assessment Bodies

www.gov.uk

 

[Paul Kelly ICHYB]

Does the supplier currently supply the UK or EU?

You should make it their responsibility to be compliant, but you will be responsible if you physically sell the goods. If you act as an agent, the liability can still stay with the supplier.

 

[JOGARA]

Does the supplier currently supply the UK or EU?

You should make it their responsibility to be compliant, but you will be responsible if you physically sell the goods. If you act as an agent, the liability can still stay with the supplier.

People in the UK import their goods and use them for themselves.

I have told the manufacturer I want them to use items within the machine that comply. The issue is, they have a couple of custom PCBs that control the machine and I doubt they have them tested to conform to EC standards.
Ideally, I would like to have it so the liability is on the manufacture. Most people who buy this machine are not too worried about it being fully up to spec when it comes to EC and UKCA. And it is a budget machine so any extra costs like replacing the power supplies or testing the custom PCBs is a real deal-breaker.

 

[paulears]

I guess it's really a Clint Eastwood call - do you feel lucky? The previous CE scheme was used and abused terribly and research into certification often produces positive results that when really looked into, are wrong. I import a number of items that do have certification - proper tested products, but there are also identical models from the same factory re-badged. Their CE certification was usually the other brand's - the alternate product should have been retested, but hasn't. I took the view that I would take the risk as the test was the same product. A calculated gamble really.

You can't really get the manufacturer to accept responsibility as what would you do to make them comply with a problem? If the item is cheap, then testing will have not been thorough. I doubt you could afford to get them tested, and of course they will substitute components when supply is short. The PCB for example. There is no continuity of supply - if it gets difficult or expensive, they'll source a different but similar performing one somewhere else, rendering the CE, or other certification invalid.

Can you do a half-way solution. Test every one for electrical safety. You'd have at least tried and ethically, you have ensured that on supply, it was safe. Not good enough in a serious incident, but would a useless CE/CA be any better?

 

[JOGARA]

Can you do a half-way solution. Test every one for electrical safety. You'd have at least tried and ethically, you have ensured that on supply, it was safe. Not good enough in a serious incident, but would a useless CE/CA be any better?

This is what I am thinking of doing. What I am struggling with if finding what needs to be tested.

 

[CHUKTC]

Your products will fall under the UK equivalent of the EU machinery directive as you have identified if it has moving 'machinery parts. if it is purely and electrical device then this may not be required but either way you will need to comply with the UK equivalent of the EU electrical directives including EMC, RoHs, and possibly LDV. Testing and certification of these is relatively straightforward and not too expensive depending on the value and quantities you ae looking to import. However as paulears rightly pointed out if the factory alter the design or change components then the certification is no longer valid - this is a conversation to be had with your suppliers.
Unfortunately you cannot pass responsibility for certification to your supplier. The law is quite clear on this - the responsibility lies equally with the importer, distributer and retailer. All three have responsibility to ensure it complies and this cannot be assigned to another person or body. You can of course ask your supplier to indemnify you against the costs of any such action but in reality even if they agree (which is unlikely) its probably not worth the paper its written on.

 

[Kitsunae]

We work in product regulation – there is no way to avoid liability as the UK/EU representative. (That is why regulations often require a physically present representative in the first place.) It depends a little as to whether the design and branding of the machinery remains with the manufacturer. If it does, one way to do it is by requiring the manufacturer to give you an indemnity and also put in place a product liability insurance policy in place that names your company as an additional insured.

What needs to be tested depends on specifically what the machinery is (otherwise the best anyone can do is direct you to the generic links above). Obviously they are not the easiest to read or use!

Testing should not be too expensive in China (some other forum members can help with on-the-ground supervision) though you may wish to have it done here more reliably or do spot checks.