Warranty and spare parts – does it have anything to do with the CE marking of a machine? 🤔

I often hear questions about warranty and spare parts being mixed into conversations about a machine's CE marking. And that is understandable enough, because the CE mark is often perceived as the machine's "stamp of warranty," even though technically speaking that is not correct.

Is a manufacturer, for example, forced to make certain spare parts available for a given period?

From the guide to application of the Machinery Directive:

"In general, the supply of spare parts and the supply of a spare parts list are not covered by the provisions of the Machinery Directive and is thus a matter for contractual agreement between the manufacturer and the user. However, where parts subject to wear and tear need to be replaced in order to protect the health and safety of users, the specifications of the appropriate spare parts must be given in the instructions."

Keep in mind, however, that the guide emphasizes that if parts are subject to wear and tear and are intended to protect the user, the instructions must contain an indication of these spare parts.

A question that is more complex is:

Does the machine's warranty void if the user makes a substantial modification and thereby compromises the original CE marking?

My answer would fundamentally be that CE marking has nothing directly to do with the warranty conditions surrounding the machine, as warranty as a concept is outside the scope of the Machinery Directive.

This must be a contractual matter between buyer and seller.☝️

In the upcoming Machinery Regulation, however, it is made very clear that whoever carries out a substantial modification assumes manufacturer responsibility and thus creates a "new" machine.Even though the Machinery Regulation does not mention "warranty" anywhere, one could logically say that the original warranty is voided, since technically speaking it is no longer the original seller who is the manufacturer.

But that must ultimately be decided by lawyers and likely depends heavily on the contract entered into upon purchase.

Perhaps the upcoming guide to the Machinery Regulation can shed more light on this.

So remember that, fundamentally, commercial and contractual questions should not be mixed up with CE marking and the Machinery Directive/Regulation.

The CE mark is the manufacturer's declaration that a machine complies with EU legislation. Overall, this legislation concerns the health and safety of persons and not commercial matters.

Source: (Guide to application of the Machinery Directive edition 2.3 EN)

About the author

Jesper Deleuran Larsen (LinkedIn)

CEO & Founder at Yellow Safety

• _‍FS Eng (TÜV Rheinland) # 33932 / 26 - Safety Instrumented Systems‍
• CMSE® Certified Machinery Safety Expert (TÜV Nord)

Jesper has many years of practical experience in automation, electrical installations, and safety-related control systems. He manages the sales function within the company as well as consultancy tasks regarding European and international regulations and standards. Jesper is the primary presenter for courses and training, serves as the managing director, and is the owner and founder of Yellow Safety.

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_{Disclaimer
The information provided in this blog post is for general informational and educational purposes only. It does not constitute, nor should it be considered, professional engineering advice or technical assistance. For specific projects or concrete machinery installations, obtaining an individual professional evaluation is always recommended. While we strive to keep the information as up-to-date as possible, always verify that all standards, executive orders, regulations, directives, etc., are the latest applicable versions.}

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