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Commercial representation

Legal representation




How does it work?

E3Tech acts as a "Local Holder" or "Legal Representative", where, as the name says it, is the legal entity that will be the holder of the certificate for the foreign manufacturer.

This requirement is made for the most diverse certification and homologation programs, such as ANATEL and INMETRO, and is a mandatory requirement to obtain certification, registration or approval of the products in national territory.

Any foreign entity interested in obtaining ANATEL or INMETRO certification must have a company legally established in Brazil to be its legal representative. This company will be responsible for the quality of the products, provide parts and technical assistance to the products in the national territory.

The ANATEL resolution 242/2000 says:

 

“Foreign legal entities, interested in the approval of products, must have a commercial representative, regularly constituted in Brazil, able to assume the responsibilities arising from the commercialization of the product and assistance to the user in the Country”.

 

The Ordinance 118/2015 of INMETRO says:

 

“The beginning of the certification process is conditional upon a formal demonstration of the Supplier requesting certification, which must be made directly to one of the Product Certification Bodies accredited and / or designated by Inmetro, at its discretion, which must be legally established in the country , for the product under evaluation, accompanied by the delivery of documentation, meeting the following requirements...”

 

In general, the foreign manufacturer is responsible for executing and paying for the entire certification process until the ANATEL or INMETRO certificate is obtained. Only the holder of the certificate and the undertakings designated by the holder of the certificate shall be entitled to use the mark and the certificate of approval obtained.

 


 

Advantages of using a legal representative:

There are several advantages to hiring a Third Party (independent) for this function and we will list some of them:

Ticket Allow the manufacturer to freely choose several distributors using the same certificate;
Ticket Allow the Manufacturer to be the true owner of the certificate, without depending on the local distributor;
Ticket Have your products certified in Brazil even before choosing and signing agreements with a distributor;
Ticket Use a company that is already established in Brazil and is already registered in the ANATEL Approval and Certification Management System (Sistema de Gerenciamento de Homologação e Certificação da ANATEL SGHC) or with INMETRO when applicable.


However, it is important to note that E3Tech will not sell or provide technical assistance to products in Brazil unless specifically contracted for this purpose, and for this reason it is important to have:

Ticket A contract signed between E3Tech and the Contractor or Manufacturer, where the Contractor or Manufacturer can assume responsibility for designating the distributor in Brazil.
Ticket A signed agreement between E3Tech and distributors, where E3Tech will transfer the warranty and legal liability to them or provide this specific service.

There is also the possibility of transferring the certificate when the manufacturer defines or finds its Brazilian distributor, however, additional costs may be involved.

 

E3Tech © Copyright E3Tech 2017
Headquarter: Guengo Kobayashi Street, 411 - Sumaré-SP - Brasil
Operational Office: Amizade Avenue, 1420, Block 2, Ste 312- Sumaré-SP – Brasil


Phones: +55 (19) 2222-3328
E-mail: contato@e3tech.com.br
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