Applicant Contract Information

Transcription

1 MET Laboratories, Inc. Safety Certification - EMI - Telecom - Environmental Simulation - NEBS 914 WEST PATAPSCO AVENUE BALTIME, MARYLAND PHONE (410) FAX (410) METrak Job Number MET Engineer Applicant Contract Information Important! Product approval cannot be issued until this document is returned to MET fully completed. This document is not complete unless the marking method selected is initialed. This document does not authorize the application of the MET Mark to be applied to any products. It is IMPTANT to READ this document and understand the conditions for maintaining this Certification. The Applicant Contract may be completed electronically. Other wise, please print clearly. By signing the Applicant Contract, the Applicant is agreeing with the requirements described within the entire document. This document should be signed by an officer of your company. Upon completion of the evaluation process for the product, a fully executed copy of this document will be returned to your company when the reports are released. SAFJ Form Page 1 of 5 Rev. May 6, 2010

2 APPLICANT CONTRACT This Contract is made at Baltimore, Maryland by and between MET LABATIES, INC. (hereinafter referred to as MET) and the following: Applicant*: (Company name) Address: (Hereinafter referred to as the "Applicant") * The full legal Applicant name and address is required and is how the information will appear in all documentation issued by MET. Only the product(s) designed and engineered by the Applicant and/or manufactured by the Manufacturer at the Manufacturer's facility, which have been authorized by MET to bear the appropriate MET certification (hereinafter referred to as the "MET Mark") are covered by this Contract. NOW, THEREFE, in consideration of the premises set forth in this Contract, the above mentioned party agrees that: MET s authorization to apply the MET Mark grants permission for the MET Mark to be applied to the Applicant's product(s) on or adjacent to the product's identification plate or label. The product's identification plate or label will include the applicant's name or trademark, product model number, electrical ratings, and any other marking required on the plate or label stipulated in the Certification Report for the product(s). Only products visually bearing the MET Mark will be acknowledged as being a MET certified product. The application of the MET Mark shall be accomplished under the authority and periodic supervision of a MET auditor. The Applicant agrees to authorize MET to subcontract an approved MET representative to act on MET s behalf as the auditor. The Applicant s manufacturers are required to complete and return to MET a Manufacturer Contract, agreeing to allow the auditor free and unrestricted access to the Manufacturer's facility during normal working hours for the purpose of permitting this supervision of MET Mark application. The MET auditor will perform an announced initial factory assessment and subsequent unannounced follow-up inspections. The Applicant has the responsibility to insure that the Manufacturer meets the requirements of the Manufacturer Contract. The Applicant agrees to give MET reasonable access to its facility where this location is not already one of the factory locations and where relevant to a covered product. MET may require a review of relevant documents or records and access to personnel involved in the production of the covered product. The Applicant also agrees to grant reasonable access to same by our accrediting bodies or by regulatory authorities if such access is relevant to the maintenance of product certification. SAFJ Form Page 2 of 5 Rev. May 6, 2010

3 If the Applicant s manufacturer ceases production of a MET evaluated product, written notification is required. After receipt of the proper notification, follow-up inspections will be placed on hold. The Applicant shall assure that the manufacturer returns any unused labels, imprinting plates, etc. MET will place the notification letter and label/marking related materials on file for up to two years. Any time during that two year period, the Applicant s manufacturer may again build and label a MET evaluated product after notifying MET that production is to restart. At that time, MET will return the unused labels, imprinting plates, etc. and place the manufacturer back into the inspection schedule. Assuming that no changes have been made to the product, the re-start of production beyond the two year point shall only require an initial inspection of the manufacturer and a review of the product file. Activity related to reinstatement of certification is subject to a fee. The Applicant is responsible for either purchasing labels from MET or purchasing the right to use direct imprinting. The direct imprint method permits the Applicant or the applicant s approved manufacturer to directly imprint an approved MET Mark onto the product's identification plate or label. An Applicant imprinting the MET Mark is required to submit a sample of the label or plate to MET showing the utilization of the MET Mark for approval prior to applying the plate or label on the product. The Applicant further acknowledges that MET supplied labels are and shall remain the property of MET until affixed to the product. MET supplied labels may only be applied at the location where follow-up inspections are authorized and conducted. If a product is in the field with no label, only an approved MET representative is allowed to go into the field and affix a label containing the MET Mark. The Applicant understands and agrees that MET is allowing the Applicant or the Applicant s designated Manufacturer to have custody of labels only as a convenience and shall only be applied to the product upon authorization from MET. In the event the Applicant violates the requirements of this Contract, after giving effect to any cure provision set forth herein, upon demand made by MET, the Applicant shall immediately return all unused labels, and shall furnish an accounting of all labels used and cease the application of the MET Mark to the product. The application of the MET Mark or any reference to MET shall not be permitted on any non-eligible product(s), packaging, or literature. If the MET Mark is applied to unauthorized products, then the Applicant and the Applicants manufacturer(s) shall save, indemnify, and hold harmless MET LABATIES, INC. from any and all claims which may arise out of said unauthorized action. The MET Mark and/or references to MET are permitted on promotional, advertising, and packaging of MET Marked Product(s) provided that misrepresentation of results of the marking process and/or this Contract does not occur. Final judgment as to the suitability of use will be determined by MET and communicated to the Applicant and Manufacturer. MET reserves the right to disclose to third parties basic descriptive information about the product including: the name of the manufacturer, model of the product and/or exterior image of the product. The Applicant must notify MET immediately if the Applicant becomes aware of a potential hazard with respect to the covered product Compliance with all requirements and stipulations of the Report and this Contract between MET and the Applicant is required for compliance with this Contract. The Applicant shall only use this certification to indicate that products are certified as being in conformance to the specific standard(s) identified in the Report. Non-compliance with all or part of this Contract may result in termination of the Contract. File reviews will be conducted as requirements change in the standards in order to assure continued compliance of a certified product. The cost of the file review will be the responsibility of the Applicant. SAFJ Form Page 3 of 5 Rev. May 6, 2010

4 The Applicant assumes responsibility for complying with the requirements of the product's Certification Report and this Contract regarding the application of the MET Mark. The Applicant is responsible for applying the MET Mark to only eligible product(s). In the event the Applicant violates the requirements of this Contract and fails to cure any such violation within 10 business days (or within the time frame given by the MET inspection agent, whichever time frame is less) from the date the Applicant receives written notice of such violation from MET, MET can immediately, at MET's discretion, terminate this Contract and void all authorities granted the Applicant from this Contract. Upon demand made by MET, the Applicant shall immediately terminate application of the MET Mark to any product(s) stipulated at any time by MET to be ineligible. If such action is taken the Applicant is further required to suspend the use of our mark in any advertisement or other media related to the certification. The Applicant shall not make any statements about the certification that may be misleading. The Applicant shall further not use the report or certification documents in such a way that may be misleading. The Applicant shall return any relevant certification documents to MET. MET may immediately terminate a certification if a fee for factory inspections or annual licensing is not paid within the 30 day terms. The Applicant shall have a procedure to keep record of all complaints made known to the Applicant/Manufacturer relating to the product s compliance. Records are to be made available to the inspector upon request. The Applicant shall take appropriate action with respect to such complaints and any deficiencies found in products or services that affect compliance with the requirements for certification. The Applicant shall document the actions taken. The observance of the aforementioned requirements for the product is a condition for continued use of the MET Mark. However, MET assumes no responsibility of the Applicant or any other party resulting out of the sale or use of the product. Manufacturer Inspection Fee: Prepayment of the annual Manufacturer inspection fee is required to establish the inspections for the up coming year. Please refer to the quotation for these fees. Expenses are normally invoiced at cost to the Applicant. For continued certification, prepayment will be required before December 31 st of each subsequent year. The term of payment will be Net 30 days and payment may be made by purchase order, check, credit card or wire transfer to cover these inspection services. Please fax the purchase orders to: Follow-up Services Dept., MET Laboratories, Inc.; Fax (410) For wire transfer options or any other questions related to follow-up services billing please contact our accounting department at accounting@metlabs.com. Annual licensing fee: Prepayment of the annual licensing fee for usage of the MET Mark is required. The annual fee is eight hundred dollars ($800.00) for one manufacturer and four hundred dollars ($400.00) for each additional manufacturer. The annual licensing fee is required for either method of applying the MET Mark. (Direct Imprint and MET Label Purchase). Prepayment of the annual licensing fee will automatically be invoiced when the product certification approval letter is issued. The date of the approval letter establishes the certification anniversary date. For continued certification, a letter will automatically be issued prior to the certification anniversary date for prepayment of the annual licensing fee for the subsequent year. Please fax purchase orders to Safety Dept., MET Laboratories, Inc.; Fax (410) Examples: The appearance of the label will vary depending on the type of certification ascertained. UL CSA C22.2 No EXXXXXX Electrical and Hazardous Location Safety EXXXXXX SAFJ Form Page 4 of 5 Rev. May 6, 2010

5 This Contract serves as notification of the Applicant's intention on the method to be used to identify MET certified product(s). Please initial the selected marking method to be utilized: DIRECT IMPRINT: Initials If you are not purchasing labels directly from MET Laboratories, Inc., you are directing imprinting the MET Mark. The MET Mark is required to contain the appropriate certification artwork, the certification number, and either the standard numbers or the text Electrical Safety (or Electrical Safety and Hazardous Location Safety if applicable). These 3 items are required to be obtained from MET Laboratories, Inc. A drawing of the MET Mark is required to be approved by MET Laboratories, Inc. before applying the marking to products. Initials MET LABEL PURCHASE: Preprinted labels (2.5 X 1 ) with the MET certification mark, may be ordered by providing payment to MET Laboratories, Inc.; 914 W. Patapsco Avenue, Baltimore, MD in the amount of one dollar ($1.00) for each label ordered (Minimum quantity is 108) plus shipping. Include your shipping carrier, acct number and delivery type. The cost of the labels purchased directly from MET is in addition to the annual licensing fee. Please only initial the following if one of the above options is NOT selected: Initials The MET Mark will NOT be applied to any products and therefore the product will not be acknowledged as being MET Certified. The follow-up services specified in this document will not be implemented. This Contract shall continue in effect for the initial Contract year and shall automatically be renewed thereafter for periods of one year from the anniversary date, unless the otherwise terminated for cause, as set forth herein, and/or any party to this Contract gives not less than thirty (30) days prior written notice of the intent to terminate. Termination of this Contract does not affect any responsibilities of MET, the Applicant, or the Manufacturer prior to the termination date. IN NO EVENT WILL ANY PARTY BE LIABLE F ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL PUNITIVE DAMAGES, WHETHER NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH ARISING OUT OF THIS AGREEMENT. AUTHIZED SIGNATURE AND TITLE: PRINTED NAME & DATE: MET LABATIES, INC. APPLICANT: (Company name) AUTHIZED SIGNATURE: PRINTED NAME: TITLE: DATE: ADDRESS: PHONE NUMBER: SAFJ Form Page 5 of 5 Rev. May 6, 2010