1 PARTIES OF THE AGREEMENT:
Certification body: QAS INDIA
Company Name:
Acting for: GCA-Global Conformity Assessment
Client:
Company name:
Location:
Acting for:
Registered office:
Incorporation No.:
Both parties understand and agree hereinafter provisions:
2 SUBJECT MATTER OF THE AGREEMENT
The subject matter of the agreement between both parties applies to the provision of conditions for granting the certification which confirms that the management system (system in following) conforms to the specified standard or other normative documents for the system. The client is aware of the fact that the system certification is performed on the basis of a dynamic system audit at the given moment. The client is bound to assure that the relevant provisions of this agreement will be met by the organisation whose management system will be certified (organisation in following) and QAS will perform the certification according to the application of the client and the price offer accepted by the client.
3 START OF AGREEMENT VALIDITY
This agreement is applicable after it is signed by both parties, and the QAS price offer is signed by both parties and the filled in QAS form Request for certification is signed and submitted by the client, all included without any exclusions.
4 SYSTEM CERTIFICATION PROCEDURES
Besides provisions given in 9 – Temporary Provisions, both parties agree with keeping the steps and relevant provisions of the certification programme and bind to do everything necessary to keep the correct fulfilment of this procedure.
QAS is authorised to submit unilaterally non-essential amendments to this procedure that do not influence the content of the agreement between the parties.
QAS can utilise subcontractors to meet the purpose of this agreement.
4.1 DOCUMENTATION
By signing this agreement the client agrees to submit the following documentation to QAS or its representative before the beginning or during the certification audit:
– List of the system procedures indicating the dates of their issue
– Documentation indicating in broader connections how the requirements for the system are met (usually “manual”)
– List of services and/or products produced in the system to be certified.
The client confirms that these documents reliably define the system status on the date of the certification audit and that they identify the scope and fields of activities which are the subject of the certification.
4.2 SYSTEM AUDIT
The certification audit consists of the document review and of the audit of systems by the auditor(s) nominated by QAS The degree of conformity of the system and the system standard is assessed. The client can appeal against the auditors nominated by QAS. To be valid, the appeal has to be written and submitted within eight days after the names of auditors are announced in writing to the client by QAS.
In such a case, QAS has to nominate new auditor(s). and is authorised to change the date of the audit. After the audit, QAS shall submit to the client the list of nonconformities and observations with the corrective action(s) request and the audit report.
The client / organisation binds to propose and carry out corrective action(s) without undue delay and QAS shall assess whether the content and the term for carrying them out is acceptable.
In some cases QAS can decide to perform an extraordinary audit of implementation and effectiveness of the corrective actions. This assessment represents minimum 1/2 day audit.
4.3 CERTIFICATION
Based on the audit report, the list of nonconformities and the action plan of the client taking corrective actions, QAS will decide autonomously about granting, postponing or the rejection of the certification. This decision is made in writing to the client.
4.3.1 granting Certification
- If the certification is granted, the certificate is issued in the language and for the activities according to the application, and is sent to the client and recorded into the QAS list of certificated organisations.
- Certification is valid only for the certificated organisation, i.e. for the system recorded in the certificate applicable for the products / services recorded in the certificate. Any transfer of the certification and the certificate is explicitly forbidden.
- Certification is valid for three years provided that surveillance audits are performed (see below) and the certification is not suspended of withdrawn by QAS.
- The surveillance audit represents a visit of an auditor, nominated by QAS to ensure the maintaining of the system level. Surveillance audits will be performed every 12 months. However, this number could be changed if it is imposed by any official regulation or based on the recommendation of the auditor.
- QAS can perform follow-up audits out of the regular cycle, if the system amendment (see 8.2) is considered by QAS to be the principal or if the scope of the application is changed.
4.3.2 Postponment of granting certification
QAS can decide autonomously to postpone its decision on certification while the required corrective actions are implemented by the organisation. After these actions are executed, the auditor will perform a new audit. Based on this, QAS will decide autonomously about granting the certification. The extent of this new audit depends on the extent of the nonconformities and relevant corrective actions.
4.3.3 Rejection of certification
In case the certification is rejected, the validity of this agreement automatically comes to an end three months after the rejection is announced to the client, if the client does not submit an appeal (see 6) or will not submit a new application for audit. The costs will be charged by QAS to the client in accordance with the beforehand agreed prices regardless to any appeal.
5 RENEWING CERTIFICATION
The certification must be renewed before its expiry. Renewal of the certification requires a total audit. This agreement is the order for certification renewal. Also, a new QAS price offer must be agreed by the client.
6 RESTRICTING, SUSPENDING, WITHDRAWING AND EXPIRY OF CERTIFICATION
Provisions 6.1 to 6.3 are valid for the entire scope of certification or for its part.
6.1 RESTRICTING CERTIFICATION
Restricting certification is a temporary arrangement, not exceeding a 3 months period and will be applied if the critical nonconformities of the system are identified (e.g. during surveillance audits), or if the certified organisation does not submit adequate corrective actions for identified nonconformities in time. Restricting will be announced to the client and organisation in writing and becomes valid 30 days after it is announced to the client, except if the client appeals within time, according to the procedure given in clause 7.
6.2 SUSPENDING CERTIFICATION
QAS is authorised to suspend the certification in case of detecting (e.g. during the regular, follow-up, or surveillance audit) that the system is not In conformity with the standard or in case the obligations of this agreement including financial obligations are not kept to by the client / organisation. Suspension can come with or without previously restricting the certification. Suspension will be announced to the client and the organisation in writing, and becomes valid 30 days after it is announced to the client, except if the client appeals within time, according to the procedure given in clause 7.
6.3 WITHDRAWING CERTIFICATION
The certification will be withdrawn:
- when the activities subjected to the certification cease to exist e.g. suspension of the activity, bankruptcy etc. (in case of bankruptcy the certification loses its validity on the day the bankruptcy is announced)
- in case the agreement is cancelled (see 10).
6.4 EXPIRY OF CERTIFICATION
The certification automatically and legally loses its validity after expiry, unless it is renewed.
6.5 CONSEQUENCES
In case of restricting the certification, neither the client nor the organisation may either lay claim to the certification or refer to the certification in external contacts (e.g. offer, negotiations about a contract, publication, advertisement) during the time of restriction.
Implemented and followed on continual basis. In case of suspending, withdrawing or expiry, the client / organisation is obliged to immediately send the certificate to QAS and to stop any use of the certification or any reference to it. Any misuse or misleading of this, will lead to penalties. Besides this, QAS can publicise the suspension and the withdrawal. case of suspension, withdrawal or expiry, obligations to QAS will legally cease to be.
7 APPEAL AND CLAIM PROCEDURE
7.1 RESOLVING OF DISPUTES AND COMPLAINTS
QAS shall constructively and quickly resolve all disputes and complaints from the client. In case it is not possible to come to an acceptable solution, or a suggested procedure is not acceptable, the client can appeal according to the following provisions.
7.2 INTERNAL APPEAL
In case of dissatisfaction with resolving a complaint or dispute, also the rejection, restriction or suspension of the certification, the client can appeal. This appeal has to be presented within 30 days after QAS announces its decision.
QAS is bound by the agreement to examine this appeal with the necessary attention and independence, and announce its decision with explanation in writing within 30 days. If QAS agrees to the appeal, it shall accept the new decision. If QAS decides to reject the appeal, it will be of the same effect as the original decision, with the notification that the procedure of another internal appeal is not possible. Each party bears its own costs connected with this procedure of an internal appeal.
7.2 EXTERNAL PROCEDURE
After the procedure of an internal appeal is completed, or if it was not acted in accordance with the procedure for an internal appeal, each party can submit a disagreement related to this agreement for arbitration through the accreditation body or an independent third party, or legal interpretation if necessary. This procedure has no suppressive effect to the QAS decision.
8 SPECIAL OBLIGATIONS OF THE CLIENT / ORGANISATION
8.1 ACCESS
The client / organisation is bound by the agreement to perform all necessary arrangements to meet the purpose of this agreement, to permit QAS representatives access to buildings and establishments of the organisation with an accompaniment of the organisation during regular working hours, and instruct them about keeping provisions on work safety, fire safety and protection of the environment. It also guarantees the right to review all the documentation, data, records and activities considered by QAS as important, to interview its personnel and to gain their full co-operation.
8.2 OBLIGATION TO REPORT
The client / organisation is bound by the agreement to inform QAS immediately in all cases and especially during periodical and follow-up audits, or during the renewal of certification about all planned and executed amendments of the system and its scope compared to the certificate. Neglecting this obligation to inform about the forthcoming changes can lead to the suspension of the certification. The client shall necessarily update all the details to us such as the legal, commercial, organizational status or ownership, organization and management (e.g. key managerial, decision-making or technical staff), contact address and sites, scope of operations under the certified management system, and major changes to the management system and processes, failing which will lead to termination and withdrawal of certification.
8.3 LIST OF COMPLAINTS
The organisation is bound by the agreement to maintain the list of all complaints and corrective actions (internal and/or external) obtained in the certified system which shall be submitted to QAS representatives during each audit. Maintenance of the list is an imperative part of the system and it is the condition for maintaining or renewing the certification.
8.4 MAINTAINING SYSTEM
The client / organisation are bound by the agreement to do everything necessary to ensure the functionality of the system and its conformity with the standard.
8.5 UTILISING CERTIFICATION
An organisation can utilise its certification and QAS certification mark in commercial relations and in the media (e.g. in documents, brochures, advertisements etc.) in accordance with QAS conditions. The organisation can utilise its certification only to express that the system meets the specified standards or other normative documents, still for the activities certified. The organisation can neither use its certification nor the certification mark to mark its services, products and coverings, nor any other way indicate that the product or the service are conforming or approved by QAS. The organisation must not use its certification in a way that could endanger QAS reputation and must not make statements which could be considered by QAS as misleading or unauthorised. The client / organisation shall ensure that no certificated document, mark, report or any of their parts be used in a misleading way. Any use or reference which could lead to a mistake will cause immediate suspension of the certification. In such a case, QAS will be authorised to require correction in the pertinent publication on the client’s expenses without the possibility of presenting a claim to recompense possible losses. The client / organisation must not in any circumstance be allowed to use the Certification and the certification mark by a third party neither free or for a charge. QAS is entitled to claim compensation of any damage caused by incorrect use of the certification.
9 TEMPORARY PROVISIONS
If any national or international regulation concerning the system certification becomes valid, both parties agree to keep and if necessary to amend this agreement in accordance with this regulation.
10 VALIDITY AND VOIDING OF THE AGREEMENT
This agreement is concluded for an unlimited period. Both parties are entitled to terminate this agreement unilaterally with a 6-months notice period upon written notice communicated to the other party by a recommended letter. The notice period begins on the day of the postal stamp of the registered letter. QAS is entitled to give notice of this agreement at any time without the notice period. If the client / organisation does not comply with this agreement, including financial obligations, QAS is entitled to present a claim for compensation of losses resulting from it. Notice of this agreement has the same results as withdrawal of the certification according to clauses 6.3 and 6.5.
11 CONFIDENTIALITY
Both parties are bound by the agreement to keep confidentiality towards third parties concerning the information obtained to keep this agreement by accepting suitable arrangements, e.g. by internal directions, agreements or by using other means, except third parties who are entitled to know the purpose and content of this agreement. The obligation of confidentiality remains valid for both parties, also after this agreement is finished.
12 PUBLICITY
Both parties and the organisation are entitled to make public the fact that the certification of the organisation is going on or has finished, If a previous agreement is not contrary.
13 PROHIBITION OF TRANSFER
The client/organisation must not transfer its rights and obligations unless QAS gives written permission.
14 PRICES, PRICE ADJUSTMENTS AND MATURITY PERIOD
Financial conditions are agreed between the client and QAS or, a QAS representative with its maturity period and terms as agreed upon.
15 RESPONSIBILITY AND LEGAL CLAIM
This agreement is an agreement on work, not on the result. QAS shall be responsible only for the direct losses caused to the organisation resulting from material negligence or a serious mistake by QAS its bodies, appointed persons, subordinates, representatives or suppliers. This responsibility is limited to the amount equal to the fees charged and received by QAS or its nominated representative based on the survey of results of the material negligence or serious mistake.
All claims to compensation lose their validity six months after the event that the claim is based on.
16 RECRUITMENT OF PERSONNEL
The client is bound by the agreement not to recruit QAS personnel and representatives or use their services except from previous written approval by QAS. Breach of this agreement gives QAS the reason to terminate this agreement immediately, and legally entitles QAS to claim financial compensation for the losses in the amount of the gross annual income of the person whose services were lost for QAS, minimum in the amount of seventy multiple of the minimal monthly salary in the client’s country in the time the QAS’s person has left. To prevent misunderstanding, the client / organisation has to always consider all the persons taking part in the performing of this agreement are the employees of QAS
17 APPLIED LAW AND COMPETENCE
Both parties agree to apply the law of the India for this agreement. Any doubts considering the wording or interpretation of this agreement will be solved by mutual agreement of both parties; in a contradictory case the procedure given in point 7 of this agreement will be used.
Both parties agree that contractual relationships arising out of this agreement shall be governed in parts not provided for in this agreement by the relevant provisions of applicable legal regulations of the India, in particular by the Commercial Code, without the application of the conflict of laws clauses..
The Parties proclaim they have read this Agreement, have understood its contents, and, expressing their free and serious will, in witness whereof, they have signed it by their own signatures.