company sale, what happens to machinery?

[Fulvio Romano]

Hi.
a similar topic is dealt with here: <machine pre ce, who certifies compliance?>. I quote the discussion for a complete vision, but here the topic is different.

Therefore, if I sell a machine manufactured before 1996, I must correct it of a conformity assessment. But if I sell the company? or machines remain under the same social reason, with the same operators, but the property of srl passes to another person, and therefore also another employer?I think the machines are good like this, it is not mandatory to do anything. Right?

Obviously the reality will not be so simple, who buys will want a relationship on the state of the car park and will want to safety of any non-compliance, but this is everyday.

Thank you.

 

[TETRASTORE]

the machine, or machines already marked, for the first 10 years are under the responsibility of the manufacturer of the machine, which will have to ensure that this is compliant with the legislative requirements applicable at the time of its placing on the market and its commissioning.
for these does not change anything because, if not modified, the responsibility is of the manufacturer.

for those constructed beforehand, for which the obligation of the conservation of the technical file (but still the marking remains), it is assumed that the user (the transferring company) has provided, as his task and responsibility, to maintain efficient and update according to the evolution of the state of art, all safety measures taken on the machines.

It is obvious that the buyer will certainly ask, as you have already said, a relationship to know if there are any non-compliance to settle.

 

[Fulvio Romano]

no @terastore, I'm talking about machines manufactured before 1996. There's no marking.

 

[stevie]

the purchaser shall take charge of the standardization, except for several agreements. . .

 

[TETRASTORE]

no @tetrastore, I am talking about machines manufactured before 1996. There's no marking.

ok, considering that all machines built before 1996 must not be marked there, but must nevertheless be safe and comply with the general safety requirements referred to in Annex v of Legislative Decree 81/08, then the answer to your question I think it is This is what (Unmarked machine: what to do? ).

 

[Fulvio Romano]

I think my question is unclear.sell sale a machine manufactured before 1996, unmarked and without conformity assessment* is prohibited.

if instead of selling the car I sell the whole company what is the normative picture?

Thank you.

(*) I am speaking of conformity assessment, not declaration of conformity. conformity assessment is a document that exists specifically to sell machines "in the absence of laws and regulations [...]" ex Annex v tu81.

 

[TETRASTORE]

to consider that in the sale of a company are defined generic blocks that include various elements of which one can be: machines and equipment, another: vehicles, etc.
the purchaser, taking over to the seller, therefore becomes responsible for the requirements relating to these mobile goods for which, as mentioned above, to protect himself will require for each machine without certification the certificate of conformity containing the relevant identifiers. I do not know if there is a regulatory framework on this technical aspect and I believe that the sale of the entire company (including machinery) is not comparable to the sale of singles or groups of machines used, in fact in the contract of sale there is no list of individual machines because this is usually part of a separate document.
the conformity assessment, instead, I think it is the activity carried out by a professional in the field in order to draw up the certificate of conformity; I am not aware of a specific document.

 

[gerod]

that vigates art. 72, c1:

1. any person who sells, rents or leases in use or leases financial machinery, equipment or tools built or put into service outside the discipline referred to in Article 70(1) certifies, under his own responsibility, that they comply, at the time of delivery to those who purchase, receive in use, rent or lease financial, to the security requirements referred to in all. v.

there is then the interpello 1/2017 of 13/12/17 that could help.
normally, for individual equipment, the thing is simple. for sale of companies, normally proceed with an assessment of the goods including the cost of adjustment/message according to which will then be borne by the employer who purchases.
the thing is not simple but you can work.
Hi.

 

[stevie]

to the worst in the sale will indicate the machines no longer regulated according to the regulations in force, and therefore subject to scraping or standardization.
If you look for example the bankruptcy auctions often happen to come across machines with indication "machine without marking and not suitable for production".

 

[gerod]

Yes, you normally do an estimate with the necessary value for adjustment.
so you pay less but then you have the cerino in your hand!
;-)