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Terms & Conditions
The Company undertakes to provide suitably qualified personnel either by direct deployment of the Company's own staff or by sub-contract to any party approved by the Company.
3. TERMS OF PAYMENT
3.1. The charges for the services are as set out in the Estimate(s) to this agreement.
3.2. If detailed in the Estimate the Client shall pay all expenses reasonably incurred by employees of the Company or by sub-contractors in performance of this agreement shall be paid by the Client.
3.3. The Company reserves the right to increase the charges from time to time. The Company will notify the Client of its intention to vary the charges.
3.4. All payment due from the Client under this agreement shall be paid in the currency detailed in the invoice to the Company or its agent within 30 days of the date of the invoice, unless otherwise stated in the estimate to this agreement.
3.5. Following the enquiry the charges in the quotaion will be as accurate as possible, but we reserve the right to reasonable variations through circumstances apparent from the initial assessment site visit (Stage 1).
3.6. Additional fees may be charged for services that are not included in the agreed Proposal and for additional surveillance visits required due to major non conformances being identified in the Management System. These will include costs resulting from:
i. Repeats of any part, or all, of the assessment programme due to the initial registration requirements not being met;
ii. Additional work due to suspension, withdrawal and/or reinstatement of a Certificate;
iii. Re-assessment due to changes in the Management System;
iv. Visits cancelled less than 30days prior to the agreed date will be charged half the quoted day rate. Visits cancelled less that 10 days prior to the agreed date will be charged at the full day rate. The Certification Group reserves the right to waive these charges in exceptional circumstances.
4.1. The Company, its officers, employees and agents agreed to maintain as confidential and not to use or disclose to any third party, any information derived from the Client in connection with the Services without the consent of the Client, except to the extent that it is reasonably necessary to enable the Company to carry out the Services in accordance with the terms of the Agreement.
4.2. Such obligation shall continue in full force and effect during the term of and after the termination of this Agreement provided, however, that the following shall not be subject to such restrictions;
i. any information which was in the possession of the Company prior to disclosure to the Company by the Client, or
ii. any information which is or shall lawfully become party of the public domain, or
iii. any information which shall otherwise lawfully become available to the Company from a source independent of the Client, or any information which otherwise may be required to be made available in respect of achieving Certification.
5.1. This Agreement shall continue in force until terminated:
5.2. By either party upon 30 days written notice to the other.
5.3. At the date of termination of this Agreement the Company's Certificate of Approval shall immediately cease to be valid. The certificate shall be returned to the Company, all Client documentation using the Company Logo shall be withdrawn and outstanding fees paid.
Except as otherwise agreed by the parties in writing this Agreement shall not be assigned.
7. FORCE MAJEURE:
No failure or omission by either party to carry out or observe any of the stipulations, conditions or warranties to be performed or set out in this Agreement shall give rise to any claim against such party or be deemed to be a breach of contract to the extent that such failure or omission arises from causes reasonably beyond control of such party.
This Agreement shall in all respects be constructed and operate as an Agreement made in England and in conformity with English Law and the construction of validity shall be governed by the Laws of England.
The Client undertakes to indemnify the Company against any loses suffered or by claims made against the Company as a result of misuse by the Client of any approval or licence granted by the Company under this agreement.
10. MANAGEMENT SYSTEM PERFORMANCE COMPLAINTS RECEIVED BY THE CLIENT:
You shall properly document all complaints and remedial actions. You shall respond to complaints adequately. Your complaints records will be kept for an adequate period appropriate to your Management System.
11. LIABILITY: In providing services, information or advice neither the Company nor any of its officers, employees, agents warrants the accuracy of information, review, assessment, certification of advice supplied. Except as set out herein the Company nor any of its officers, employees or agents (on behalf of each of whom the Company has agreed this clause) shall be liable for any damage, loss of expenses whatever sustained by any person due to an act or error of whatsoever nature and howsoever caused of the Company by its officers, employees or agents or due to any inaccuracies of whatsoever nature and howsoever caused in any information, review, assessment, certification of advice given in any way whatsoever by or on behalf of the Company, even if held to an amount to breach of warranty. Nevertheless, if any person who is party to the agreement pursuant to which the Company provides any service uses the Company's services or relies on the information, review, assessment, certification, or advice given by of on behalf of the Company and suffers loss damage or expense thereby which has been due to negligent act omission or by error of the Company its officers, employees or agents or any negligent inaccuracy in information, review assessment, certification or advice given by the Company then the Company will pay compensation to such person for his/her proved loss up to but not exceeding the amount of the fee (if any) charged by the Company for that particular service, information or advice. The Company its officers, employees or agents (on behalf of each of whom this notice is given) shall be under no liability or responsibility in negligence or otherwise howsoever to any person who is not party to this agreement in respect of information or advice expressly of implied given by the Company or in respect of any act, omission of inaccuracy by the Company.
12. PUBLICITY AND PROMOTION:
In order to maintain the integrity of our service, you will comply with the requirements of The Certification Group when making reference to your certification status in communication media such as the internet, brochures or advertising or other documents. And:-
Do not make, use or permit any misleading statements regarding certification. Do not use or permit the use of certification documents or any part in a misleading manner. Upon suspension or withdrawal of certification discontinue use of all advertising matter that contains a reference to certification as directed by the Company. Amend all advertising matter when the scope is reduced. Do not allow reference to your certification to be used to imply that the Company certify a product, service or process. Do not imply that certification applies to activities out of scope. Not use certification in a way to bring the Company and/ or the certification system into disrepute and loose public trust.
13. OWNERSHIP OF THE CERTIFICATE OF APPROVAL:
The certificate and the right to use the symbol shall remain the property of the Company and cannot be sold, lent or used as an asset of the Client. Where the Clients business becomes bankrupt, goes into liquidation of receivership or there is a change of management the Company may have to cancel your certification immediately, but the Company will consider individual circumstances. The client shall notify the Company of any changes to the business as above.
The Client is responsible for ensuring that people visiting the Clients site have adequate protective equipment for the environment they are likely to enter. Where specialist training is required this is to be disclosed to the Company from the outset. Please raise the matter with your Company contact.
Both of us shall maintain third party liability insurance of a type and to a level appropriate to its business.
Any disputes arising between the auditor, auditee and interested parties may be resolved by mutual agreement If disputes cannot be settled by mutual agreement the client may raise a complaint to the Certification Body senior officer.
On receipt of a complaint the certification body will process the complaint in accordance with its complaints procedure.
Should the client not accept the certification body decision regarding their complaint they may appeal to the certification body Governing Board for a final decision.