Liability is the user's in his function as employer. A reconditioner who sells parts outside the main work contract is under the obligation to comply with any regulations which apply thereto. He may still apply it after it is first put into service, but he is no longer obliged to do so. When a manufacturer does work outside the contractual guarantee, he must be treated in the same way as an ordinary service supplier. His statutory liability as manufacturer no longer applies in this case.
Statutory liability is for the user only.
A service supplier who puts together a subassembly must provide a declaration of incorporation with the subassembly. However, other Directives may apply. Problem of international provision of services Machinery leaving the EEA for reconditioning, and then returning, cannot be regarded as being placing on the market anew. This is a cross-frontier provision of services.