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Unofficial Hyundai machines imported into Ireland

Monday, October 29th, 2007

Hyundai Heavy Industries Europe (HHIE) has established that unofficial Hyundai machines have been imported into Ireland and advises the market that these machines are not CE compliant.
HHIE considers it necessary to make this statement to inform the construction industry and potential purchasers of 16 unofficial imported machines, of the issues affecting non-CE compliant machines manufactured for markets outside the EU which do not have the high specification necessary to comply with legislation for machines of this type in the EU.
The relevant issues impacting on non-compliance of the machines include:
– Potential Health & Safety liability for those operating non-compliant machines;
– Insurance issues impacting on machines that do not comply with European legislation, including risks arising from the non disclosure of information affecting insurance risk;
– No European noise suppression specification, which is essential to comply with European legislation;
– No safety valves which are necessary to comply with European legislation;
– No Tier III emission compliant engines.
– No CE Mark;
– No engine pre-heating system for cold weather operating.
– The operating joystick levers do not conform to the European ISO pattern;
– English manuals including the operator’s manual are unavailable for these machines;
– Due specification differences between these machines and other European machines, parts supply would have to be sourced from Asia.
Hyundai will not warrant these machines, and will not take responsibility for any Health & Safety issues relating to the operation of these machines within the EU.
The Hyundai model and serial numbers of the machines, which are being offered for sale, are as follows:
R210LC-7 S/No’s: N60716640, N60716641, N60716642, N60716646, N60716647, N60716648, N60716658, N60716659, N60716667, N60716668
R320LC-7 S/No’s: N90111005, N90111006, N90111007, N90111008
R500LC-7 S/No’s: NB0210139, NB0210140
These machines have been found offered on www.euroauctions.com and at the premises of Londonderry based Millar Tractors.
Hyundai has a duty to protect potential purchasers and will inform insurance companies, banks & finance companies that the machines were not manufactured for sale within the EU and do not comply with European safety standards. The list of serial numbers of the Hyundai machines will be supplied to those organisations and published in the trade press.
Hyundai Heavy Industries and affiliated companies are the owners of various trade marks, in relation to Hyundai in the U.K. and elsewhere. The machines concerned are being sold in Northern Ireland, and advertised for sale elsewhere, without the consent of Hyundai as trade mark owner. Hyundai has been advised that it is entitled, by virtue of its trade mark rights to prevent any sales being made, which infringe its trade marks whether the sales are made by the importer or by any dealer who subsequently seeks to sell the machines. It will also be entitled to seek damages and costs. Hyundai will not hesitate to use all the court remedies available to it – including, if necessary, its right to seek an injunction – to prevent any sales of machines which infringe its trade mark rights, anywhere in Europe.

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