Rendering Product unusable... if it's owned by the Customer?

Jim Wynne

Leader
Admin
Excellent question! Thanks for bring it up in this thread.

When I had to deal with the FAA on this matter, it was for some avionic circuit boards. The FAA official required us to have dated photos showing the destructed circuit boards with a list of the serial numbers. Each photo had to be signed by a person with authority to commit the organization and the photos had to be maintained in a file of "destructed material" for review at any time by FAA or its designee. The retention period for the photos in the file was seven years. Frankly, I don't remember the reasoning behind the seven year period (versus three, or five, or twenty.)

So, in effect, the signed photos were "sworn affidavits" by an authorized signatory of the organization, legally binding the organization, versus some John Doe who might not be available if or when the photos were needed as evidence.

In order to qualify as an affidavit, an oath must be heard by someone legally qualified to hear them, and persons who prevaricate under oath are subject to prosecution for perjury. So it appears that while some substantial form of documentation is necessary, (and I suppose some customers might ask for notarized statements, making them affidavits) an affidavit isn't a usual requirement.
 
Last edited:

Wes Bucey

Prophet of Profit
In order to qualify as an affidavit, an oath must be heard by someone legally qualified to hear them, and persons who prevaricate under oath are subject to prosecution for perjury. So it appears that while some substantial form of documentation is necessary, (and I suppose some customers might ask for notarized statements, making them affidavits) and affidavit isn't a usual requirement.
Yep. All our official FAA documents became similar to affidavits, since lying on a form of document submission to the federal government is a criminal offense. The fact it was an authorized signatory put the organization on the hook as well, not just the individual signing the document. In many cases (not that particular one, though), we DID notarize signatures, and we also had "notarized true copies" of documents, not just mere photocopies. Each individual page was stamped and signed by the notary, attesting it was a "true copy."

The feds are often accused of being sloppy, but my personal experience with the FAA was that every i was dotted and every t was crossed. As meticulous as I thought I was, I still had "send backs" on some submissions for our new products, asking for additional validations or verifications. The FAA guys were unfailingly polite, but they were VERY firm that it was THEIR way or the highway, not an air lane! :)
 
Top Bottom