The work content and timescales for each Assessment quoted to the Client are estimates made based on
information provided to MS Certification Services Pvt. Ltd (“MS CERT”) having its Head quarter at 3/23 R.K.Chatterjee Road, Kolkata-700042,
India by the auditee organisation.
Untitled Document
1. ASSESSMENT
The work content and timescales for each Assessment quoted to the Client are estimates made based on information provided to MS Certification Services Pvt. Ltd (“MS CERT”) having its Head quarter at 3/23 R.K.Chatterjee Road, Kolkata-700042 ,India by the auditee organisation.
1.2 CERTIFICATION:
1.2.1 The contract, MSCERT made with its client is legally binding between the Clients’s all sites which are included in the scope of Client’s activities identified in the application form. In the event of certification process, decision on certification grant, maintenance etc will be applicable for all the sites as covered under the scope of certification.
At the time of the decision making process, if any site has any major issues regarding grant and continuation of Certificate, certification may be denied to the entire organisation subject to pending satisfactory corrective action.
1.3 DEFINITION OF A CERTIFICATE
A Certificate is the document issued by MS CERT to Client once the Client has demonstrated compliance to a set of certification criteria. A Certificate is generally identified by a unique number.
1.3 It is a requirement of the Clients seeking certification to Management System(s), to have met the requirements of applicable Management System(s).
2. SCOPE
2.1 MS CERT agrees to provide services as detailed in the offer-Estimate(s) to this Agreement (herewithin referred to as “the Services")
2.2 In order that the MS CERT may provide the Services, the Client agrees to supply the MS CERT with all necessary information and facilities.
3. PERSONNEL
MS CERT may engage Auditors and where applicable along with technical experts/observer (e.g. witness auditor /trainee auditors); to undertake assessments on behalf of MS CERT.
MSCS or Accreditation body(AB) of MSCS also reserves the right to conduct Validation visits or any scheduled or unscheduled visit as per accreditation body’s or MSCS procedure at the client’s premises.
MS CERT or ABs of MSCS will notify the names of allocated Auditors/ technical experts/observer to the Client and will assume their acceptance, unless a written objection is received from the Client within 7 days of the notification.
MS CERT shall use competent personels for entire certification management issues.
4. FEES
4.1 The fees quoted are calculated based on the actual time spent by the MS CERT Assessors on the Assessment. Such fees are based on a working eight hour days, excluding travelling time.
No charge will be made for absence due to sickness or public holidays. Unless specified to the contrary, fees quoted do not cover the cost of travelling, accommodation or other out-of-pocket expenses incurred during Assessment work. These items are recharged at cost.
4.2 If MS CERT’s Assessors work for more than eight hours on one or more days, MS CERT reserves the right to charge for that additional time on a pro-rata basis.
4.3 MS CERT shall review the fee rates periodically and give the Client one month's notice of any changes in the rates.
4.4 Assessment and Surveillance Visits shall be as agreed between MS CERT and the Client having regard to the nature of the visit and the prior commitments of both parties.
5. PAYMENT
5.1 MS CERT shall submit an Invoice on receipt of an ‘ACCEPTANCE OF CONTRACT’ from the Client. Payment shall be made in advance of any Assessment or Surveillance Visit. Service Tax is added where applicable. All fees are non-returnable.
5.2 MS CERT reserves the right to charge interest at 2% per month in respect of Invoices not paid by the due date.
6. ASSESSOR FACILITIES
The Client shall ensure that MS CERT’s Assessors are provided with suitable facilities including telephone and facsimile communication, secure storage facilities for confidential data furnished to MS CERT, and secretarial assistance as and when considered necessary during audits.
7. CONFIDENTIALITY
The MS CERT, its employees, subcontractors and agents agreed to maintain all informations 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 MS CERT to carry out the Services in accordance with the terms of the Agreement.
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 MS CERT prior to disclosure to the MS CERT 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 Client from a source independent of the Client, or
iv) any information which otherwise may be required to be made available in respect of achieving Certification.
8. MS CERT
reserves the right to place the certification information like the name, relevant normative document, scope and geographical location (e.g. city and country) for each certified client (or the geographic location of the headquarters and any sites within the scope of a multi-site certification) in the public domain through websites, and other MSCERT documents /literatures .However all other information, except for information that is made publicly available by the client, shall be considered confidential.
9. NO INDUCEMENT
Either party shall not at any time during or after the Engagement, entice or induce or attempt to entice or induce away from the other party.
10. LIMITATION OF LIABILITY
The Liability resulting from output of Assessment shall be limited to the value of Fees last received against Assessment or Surveillance audits.
11. VARIATION, POSTPONEMENT OR CANCELLATION
Where the Client wishes to postpone or amend agreed Assessment or Surveillance Visits and provides MS CERT with less than five working days written notice of this intention, MS CERT reserves the right to charge a Variation Fee of 50% of the appropriate daily fee rate (or pro rata amount where no day rate has been quoted). If this is not rescheduled within three months cancellation will be deemed to have occurred on notification of the original postponement.
In the event that the Client wishes to cancel its Certification, 3 months written notification of this intent must be provided by the Client to MS CERT.
12. TERMINATION
12.1 MS CERT shall have the right at any time by giving 15 days notice in writing to the Client to terminate the Certification
forthwith in any of the following events:
(a) if the Client commits a breach of any of these Terms and Conditions of Engagement and fails to remedy the same within 10days of a written request from MS CERT so to do,
(b) if payments referred to in Clause 4 or any part thereof shall remain unpaid for a period of 30 days after the same shall have become due,
if the Client enters into liquidation whether compulsorily or voluntarily (otherwise than for the purpose of amalgamation or reconstruction) or compounds with its creditors or has a receiver appointed of all or any part of its assets or takes or suffers any similar action in consequence of debts or in the case of an individual or a partnership, if the Client or any of its members of the firm becomes insolvent or enters into any arrangement with its creditors or takes or suffers any similar action in consequence of debt; or
if the Client is guilty of any conduct which in the opinion of MS CERT is prejudicial to MS CERT's interest or by bringing the Client’s registration into disrepute.
12.2 Where the Client does not request, in writing, part or all of the assessment services to be carried out within a period of sixmonth from the date of acceptance of quotation, the agreement shall be deemed to have been voluntarily terminated by the Client. In this event no refund of fees paid will be due.
Where the client failed to close its nonconformities as indentified during initial certification neither responded to the
same within a period of sixmonth from the date of the last assessment, the agreement shall be terminated by
MSCERT.In this event no refund of fees paid will be due.
13. OWNERSHIP OF REGISTRATION
The Certificate and the right to use the symbol shall remain the property of the MS CERT and cannot be sold, lent by the Client. Where the Clients business becomes bankrupt, goes into liquidation of receivership or there is a change of management, MS CERT may have to cancel the Client certification immediately, but MS CERT will consider individual circumstances. The Client shall notify MS CERT of any changes to the business as above.
14. PUBLICITY AND PROMOTION
In order to maintain the integrity of our service, The Client will make no misleading statement concerning The Client application or Certification and will ensure that no one connected with The Client gives any such misleading impression.
15. INDEMNITY
MS CERT undertakes to indemnify the Client against any loses suffered or by claims made against MS CERT as a result of misuse by the Client of any approval or licence granted by MS CERT under this agreement
16. FORCE MAJEURE
Failure of either party to perform its obligations under this Engagement shall not subject such party to any liability to the other if such failure is caused or occasioned by an act of God, fire explosion, flood, drought, war, riot, sabotage, embargo, strikes or other labour unrest, interruption due to the delay in transportation, compliance with any order, regulation or request of any government of competent jurisdiction or any employees, department, agency or committee thereof, or by any other event or circumstance of like or different character to the foregoing beyond the reasonable control of the party so failing to perform.
17. GOVERNING LAW
This Agreement is enforceable by law and shall be in all respects constructed and operated as an Agreement made in India and in conformity with Indian Law and the construction of validity shall be governed by the Laws of India.This will be a binding for both MS CERT and Client.
18. ARBITRATION
All disputes, differences or questions at any time arising between the parties as to the construing of this Agreement or as to any matter or thing arising out of this Agreement or in any way connected therewith (which cannot be settled by mutual agreement) shall be referred to the court of Kolkata, India Jurisdiction.
19. MANAGEMENT SYSTEM PERFORMANCE COMPLAINTS RECEIVED BY THE CLIENT
The Client shall properly document all complaints and remedial actions. The Client shall respond to complaints adequately. The Client’s complaints records will be kept for an adequate period appropriate to The Client’s Management System.
MSCERT also posses all right to conduct short noticed audit/Special audit with prior intimation or surprise audit as decided by MSCERT management to investigate complaints or in response to changes,or as follow up on suspended clients.
In such cases MSCERT may inform in advance to the certified clients the conditions under which these short notice visits are to be conducted, and detail of team appointed for such audit.
MSCERT also possess right to take action if the audit discovers a breach or contravention of a regulatory requirement. Any breach or contravention will be recognised as a nonconformity and communicated to the organization.
20. SAFETY
The Client is responsible for ensuring that people including MS CERT personnel 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 MS CERT from the outset.
21. MISCELLANEOUS
Failure by MS CERT to insist upon strict compliance with any provision thereof shall not be deemed to be a waiver of such provision or any other provision thereof. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. These Terms and Conditions may not be modified except by an agreement in writing signed by MS CERT and the Client.
Should the Client be dis-satisfied with the services provided, then a complaint should be made immediately in writing to the Director of MS CERT so that suitable action can be taken. Such complaints will not affect any of the other terms and conditions herein.
To appeal, the client should call MS CERTIFICATION SERVICES and provide grounds for appeal. The appeal may be sent to CB in writing through letters or email.....
A client awarded a Certificate shall not to display or otherwise use the certificate and certification mark-logo as soon as practicable after certification is suspended,cancelled or withdrawn. ..
The work content and timescales for each Assessment quoted to the Client are estimates made based on information provided to MS Certification Services Pvt. Ltd (“MS CERT”) having its Head quarter at 3/23 R.K.Chatterjee Road, Kolkata-700042, India by the auditee organisation....
The certificate shall only be displayed at the location applicable to the certificated scope of supply. The certificate shall not be used to imply certification of any location other than that detailed on the certificate...
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