Diligence, defense of due

Voluntary certification. Oftentimes manufacturers have products assessed by a European body (notified or competent) for a mark and certification for marketing purposes and as a defense of due diligence in the event of a challenge. The intervention of notified body certification route provides confirmation of accuracy of the testing and documentation (test reports, etc.). 

Due diligence means taking all reasonable steps to ensure conformity. With only a few exceptions, the manufacturer/importer is ultimately responsible for a product s compliance to directives, but with a mark, certificate, or test report from a notified body the suppliers risks are decreased and their defense of due diligence enhanced, should the products safety/EMC conformity come into question. It is the responsibility of notified bodies to accurately interpret directives and standards through testing and certification, thereby ensuring conformity and building consumer confidence. 

National enforcement authorities may consider marks, with report, as defense of due diligence. ... 

Certificates and approval-marks. Visible attestations from European accredited testing and certification bodies that provide positive evidence of conformity. Approval marks are product quality marks for safety/EMC compliance. Certificates and marks are supported by verifiable and accurate test reports from EU-notified or competent bodies. Marks and certificates establish the independent verification of a product s conformity that customers may demand. Regular follow-up inspections are performed, on equipment with EU approval marks, by the certification body to ensure ongoing conformity. When issued by recognized European certification bodies, official certificates and test reports provide the ultimate defense of due diligence should a product s conformity come into question. 

The default constitutes an admission of all facts alleged in the Notice of Claim and a waiver of respondent s opportunity to contest the claim. The default will be reviewed by the Assistant Administrator in accordance with Sec. 386.64(b), and the Final Agency Order may be vacated where a respondent demonstrates excusable neglect, a meritorious defense, or due diligence in seeking relief. 

Due diligence Such diligence as a reasonaWe person under the same circumstances would use. Due diligence is associated most often with court (tort) action. It is the care that a prudent person might be expected to exercise in the examination and evaluation of risks. It Is often used as a defense in a lawsuit — that due diligence was conducted. 

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