GE NE R AL TE R MS AND CONDITIONS FOR CE R TIFIC ATION S E R VICE S

Transcription

1 TESTING AND CERTIFICATION R E GUL ATIONS (TCR ) General terms and conditions for certification services Codes of practice Regulations governing the use of the certification mark SGS-TÜV SAAR GMBH, FUNCTIONAL S AFETY & IT S E C UR ITY, CE R TIFYING B ODY HOFMANNS TR. 50, MUNICH, GE R MANY GE NE R AL TE R MS AND CONDITIONS FOR CE R TIFIC ATION S E R VICE S 1. GENERAL 1.1 Unless otherwise agreed in writing, all offers for services and all resulting contractual relationship(s) between SGS-TÜV Saar GmbH, Functional Safety & IT Security, Hofmannstr. 50, Munich, Germany (in the following SGS- TÜV ) to any legal persons applying for certification services (the Client ) shall be governed by these general terms and conditions. 1.2 These general terms and conditions and, as applicable, the quotation, the codes of practice and the regulations governing the use of certification mark constitute the entire agreement (the Contract ) between the Client and SGS-TÜV with respect to the subject matter of the Contract. Save as otherwise provided, no alteration or amendment to the Contract shall be valid unless made in writing and signed by or on behalf of the Client and SGS-TÜV. 1.3 The Client, upon placing any purchase order, automatically acknowledges the general terms and conditions, the agreed prices or price lists, the code of practice, and this testing and certification regulation, as amended. 1.4 Where a Certificate is issued to the Client, SGS-TÜV will provide the services using reasonable care and skill and in accordance with the valid code of practice of the certifying body. A copy of such code of practice, and any amendments to it as may be issued from time to time, will be provided by the certifying company to the Client upon commencement of the services. 2. DEFINITIONS Certificate means the Certificate issued by the Certifying Body. Codes of Practice means the code of practice issued by a certifying company in accordance with the relevant certification scheme. Proposal means the description of services to be rendered by SGS-TÜV to the Client. Report means the Report issued by SGS-TÜV to the Client indicating whether or not a recommendation to issue a Certificate is to be made. Regulations governing the use of the certification mark means the terms and conditions of use for licensed SGS-TÜV certification marks. 3. SERVICES 3.1 These general terms and conditions apply to the certification of product conformity in accordance with international or national legislation and the certification of products in accordance with non-mandatory normative documents, specifications, technical regulations or proprietary testing programmes. 3.2 On completion of any audit, SGS-TÜV or one of its representatives/subcontractors will prepare a Report and submit it to the Client. Any recommendation given in this Report is not binding on the Certifying Body and the decision to issue a Certificate is at the sole discretion of the Certifying Body. 3.3 The Client acknowledges that SGS-TÜV, by entering into the Contract or by providing the services, cannot be held liable in any form whatsoever for any obligations of or claims asserted against the Client. 3.4 Certification as well as any suspension, withdrawal or cancellation of a Certificate shall be in accordance with the applicable Code of practice. 3.5 SGS-TÜV may delegate the performance of all or any part of the services to an agent or a subcontractor and the Client authorises SGS-TÜV to disclose any and all information necessary for such performance to the agent or subcontractor. 4. OBLIGATIONS OF THE CLIENT 4.1 The Client shall ensure that all necessary product samples, access, assistance, information, records, documentation and facilities are made available to SGS-TÜV as required, including the assistance of properly qualified, briefed and authorised personnel of the Client. In addition, the Client shall provide SGS-TÜV with suitable facilities for conducting meetings. 4.2 To the extent permitted by law, the Client assures that it has not been induced to enter into the Contract under the assumption or as a result of the granting of any warranty, representation, statement, assurance, covenant, agreement, undertaking, payment, indemnity or commitment of any nature whatsoever other than as expressly set out in these general terms and conditions. In any event, the Client unconditionally and irrevocably waives any claims, rights or remedies which might arise to the Client in relation thereto. Any terms and conditions or stipulations in the Client s standard documents or forms which are inconsistent with, or which purport to modify or add to, these general terms and conditions shall have no effect unless expressly accepted in writing by SGS-TÜV. 4.3 The Client shall take all necessary steps to eliminate or remedy any obstacles to or interruptions in the performance of the services. 4.4 In order to allow SGS-TÜV to comply with applicable health and safety regulations the Client shall provide SGS-TÜV with all available information regarding known or po- SGS-Gruppe Deutschland, July 1, 2016 page 1 of 8

2 tential hazards which might be encountered by SGS-TÜV personnel during their audits. SGS-TÜV shall take all reasonable steps to ensure that whilst on the Client s premises, its personnel comply with all health and safety regulations of the Client, provided that the Client makes SGS-TÜV aware of the same sufficiently ahead of time. 4.5 For product conformity certification the Client shall comply with all the provisions of the applicable certification programme at all times. 4.6 The Client may only reproduce or publicise extracts of any Report issued by SGS-TÜV after the Client has obtained prior written permission by SGS-TÜV. SGS-TÜV reserves the right to initiate legal action in the event that a publication or disclosure constitutes a breach of this clause. The Client undertakes not to publish any details pertaining to the performance, delivery or execution of the services rendered by SGS-TÜV. 4.7 The Client shall immediately inform SGS-TÜV of any and all changes in its operations which may affect its management system, its services, its products and processes or the type and scope of its business activities. Any breach of this information obligation may lead to the withdrawal of the Certificate. Furthermore, the Client is required to inform SGS-TÜV of any nonconformance identified during internal audits performed by the Client, its business partners or public authorities. 4.8 The Client agrees to permit witness audits by accreditation bodies or parallel audits by other certifying companies, provided that the performance of such audits is part of the accreditation body s accreditation procedures or the applicable certification scheme. 5. FEES AND TERMS OF PAYMENT 5.1 The fees quoted to the Client cover all stages up to completion of the certification process or certification activities, the transmission and release of the Report and the periodic monitoring activities by SGS-TÜV required for maintenance of the Certificate. As fees are based on the remuneration rates in effect at the time of submitting a Proposal, SGS-TÜV reserves the right to adjust its rates, albeit will not generally do so during a certification cycle. Moreover, SGS- TÜV may increase the number of audit days and its remuneration in the event of changes in the information provided by the Client or in the event that information provided by the Client is found not to conform to the initial information on which the respective fees were quoted. Clients will be notified of any increase in fees. 5.2 Additional fees shall be charged for activities that go beyond those stated in the Proposal or are required as a result of identified non-conformances. Such activities subject to additional charge include but are not limited to: (a) Repetition of the entire audit process or audit activities, or parts thereof, due to noncompliance with the applicable certification scheme or due to critical nonconformances; (b) Additional effort and cost incurred due to suspension, withdrawal and/or reinstatement of a Certificate; (c) Reassessment due to changes in the management system or products, processes or services; or (d) Compliance with any court order issued in conjunction with activities performed by SGS-TÜV to provide testimony or documents. 5.3 Without prejudice to clause 5.2, additional fees will be payable at SGS-TÜV s rates applicable from time to time in respect of rush orders, cancellations or rescheduling of services, or any partial or full repeats of the audit programme or any activities required according to the Codes of Practice. 5.4 Certification fees are always invoiced at the beginning of the initial period of a Certificate (see clause 10.1) and subsequently in January of the current calendar year. If a Certificate is issued after the 30 th of September of a calendar year, no annual license fees will be charged for the following calendar year. 5.5 Unless otherwise stated all fees quoted are exclusive of travelling and subsistence costs (which will be charged to the Client in accordance with the SGS-TÜV travel expense policy). All fees and additional charges are quoted exclusive of any applicable value added tax or other charges in the country concerned. 5.6 Following submission of the Report to the Client, SGS-TÜV shall issue an invoice to the Client. Invoices for additional and further work will be issued on completion of the relevant task. Unless advance payment has been agreed upon, all invoices are payable within fourteen (14) days of the date of each invoice (the Due Date ) regardless of whether the Client s system or products were certified or not, failing which interest will become due at a rate of 1.5% per month (or such other rate as may be established in the invoice) from the Due Date up to and including the date payment is actually received. 5.7 Any use by the Client of any Report or Certificate or the information contained therein is conditional upon the timely payment of all fees and charges. In addition to the remedies set out in the Codes of Practice, SGS-TÜV reserves the right to cease or suspend all work and/or cause the suspension or withdrawal of any Certificate for a Client who fails to pay an invoice due. 5.8 The Client shall not be entitled to retain or defer payment of any sums due for payment to SGS- TÜV on account of any dispute with SGS-TÜV or to offset them on the basis of an alleged counterclaim against SGS-TÜV. 5.9 SGS-TÜV may elect to assert its claims in court The Client shall pay all of SGS- TÜV s collection costs including reasonable attorney s fees and related costs. 6. ARCHIVING SGS-Gruppe Deutschland, July 1, 2016 page 2 of 8

3 6.1 SGS-TÜV agrees to retain in its archive for a specific period all materials relating to the certification and surveillance programme for a specific Certificate. The retention period shall be three (3) years following expiry of the Certificate. Test samples can be passed to the Client for storage. 6.2 At the end of the archiving period, SGS-TÜV shall hand over or dispose of the materials at its own discretion, unless instructed otherwise by the Client. Fees for carrying out such instructions will be invoiced to the Client. 7. REPORT AND CERTIFICATE OWNERSHIP AND INTELLECTUAL PROPERTY Any document including but not limited to any Report or any Certificate provided by SGS-TÜV and the copyright contained therein shall be and remain the property of SGS-TÜV and the Client shall not alter or misrepresent the contents of such documents in any way. The Client shall be entitled to make copies. 8. COMMUNICATION The Client may advertise its certification in accordance with the applicable terms set out in the Regulations governing the use of the certification mark. Use of SGS-TÜV s corporate name or any other registered trademarks for advertising purposes is not permitted without SGS-TÜV s prior written consent. 9. CONFIDENTIALITY 9.1 As used herein, Confidential Information shall mean any oral or written proprietary information that the Client and SGS-TÜV may acquire from the other party pursuant to the Contract or information as to the business of the other party, provided, however, that Confidential Information shall not include any information which: (a) Is or hereafter becomes generally known to the public; (b) Was available to the receiving party on a non-confidential basis prior to the time of its disclosure by the disclosing party; (c) Is disclosed to a party by an independent third party with a right to make such a disclosure. 9.2 The parties and their agents or subcontractors may only use confidential information within the scope of the Contract. The disclosure of Confidential Information of the other party to any third party, except as expressly provided for in these general terms and conditions, is permissible only with prior written permission by the other party. This provision shall not apply to any disclosure prescribed by law or required by courts of law or government agencies or under the accreditation procedures of the accreditation bodies in the respective certification scheme. 10. DURATION AND TERMINATION 10.1 Unless otherwise agreed, the Contract shall continue (subject to the termination rights set out in these general terms and conditions) as an initial term from Certificate creation up to the end of the current calendar year. On expiry of the initial term, the Contract shall renew automatically for a duration of one calendar year unless either party notifies the other in writing that the Contract will terminate at least three (3) months prior to the end of the current calendar year SGS-TÜV shall be entitled, at any time prior to issuing a Certificate, to terminate the Contract if the Client is in material breach of its obligations and, following receipt of notice of such a breach, the Client fails to remedy to the satisfaction of SGS-TÜV such breach within thirty (30) days Either party shall be entitled to terminate immediately the provision of the services in the event the other party, for which insolvency has been initiated, makes an agreement with a creditor or if the other party is under receivership or if there is a cessation of business by the other party Unless otherwise agreed in writing, the rights and obligations of the parties defined in clauses 9, 12, 13 and 14 shall apply notwithstanding the completion of the services or termination of the Contract In case the Client transfers its activities to another organisation, the transfer of the Certificate shall require prior written consent by SGS-TÜV. Where such consent is given, the use of the Certificate by such a new organisation shall be governed by the terms of the Contract. 11. FORCE MAJEURE If SGS-TÜV is prevented from performing or completing any service for which the Contract has been made by reason of any cause whatsoever outside SGS- TÜV s control, including but not limited to acts of god, war, terrorist activity or industrial action; failure to obtain permits, licenses or registrations; illness, death or resignation of personnel or failure by Client to comply with any of its obligations under the Contract, SGS-TÜV shall receive from the Client: (a) The amount of the costs actually incurred or caused in conjunction with the discontinuation of the performance of the Contract; (b) A proportion of the agreed fees equal to the proportion (if any) of the services actually rendered; In this context, SGS-TÜV shall be relieved of any responsibility whatsoever for the partial or total non-performance of the contractual obligations. 12. LIABILITY AND LIMITATION 12.1 SGS-TÜV undertakes to exercise due care and skill in the performance of the services and shall exclusively be liable in accordance with these general terms and conditions for certification services Any deficiency relating to the services shall immediately, but no later than thirty (30) days after the services have been rendered, be communicated in writing to the certifying company. The Client shall grant to SGS-TÜV the time and opportunity it reasonably requires to correct the deficiency, e.g. by repeating the audit. Otherwise SGS-TÜV shall be released from the correction of the deficiency. If the deficiency is not corrected within a reasonable period of time or the correction fails, the Client may reduce the fee accordingly The Certificates and Reports are SGS-Gruppe Deutschland, July 1, 2016 page 3 of 8

4 issued on the basis of information, documents and/or product samples provided by or on behalf of the Client and solely for the benefit of the Client. Neither SGS-TÜV nor its officers, employees, agents or subcontractors shall be liable to the Client or to any third party for (1) Any acts or omissions based on Reports and/or Certificates, (2) Erroneously issued Certificates based on unclear, false, incomplete or misleading information provided by the Client SGS-TÜV shall not be liable for any partial or total non-performance of the services arising directly or indirectly from any event beyond SGS-TÜV s control (e.g. failure by the Client to comply with any of its obligations set out in clause 4) Furthermore, SGS-TÜV shall not be liable for any indirect or consequential loss (including loss of profit) In the event of wrongful intent, gross negligence, product liability claims as well as in case of death, physical injury or loss of health, SGS-TÜV shall be liable as provided for by law. In the event of ordinary negligence SGS-TÜV shall only be liable in cases of a breach of a material contractual duty or in case of undue delay or impossibility. In such cases liability shall be limited to the typically foreseeable damage up to a total aggregate sum equal to the amount of the fee paid in respect of the specific service in the relevant Contract which gives rise to such a claim, however, to a maximum of 20, Euros. Any breach of duty by SGS-TÜV shall be the equivalent of a breach of duty by its statutory representative or its agents Except for cases of wrongful intent, the limitation period for any claims for damage arising from breach of duty and for any defects shall be twelve (12) months from the beginning of the statutory limitation period Each party shall take out adequate insurance to cover its respective liability under the Contract. 13. MISCELLANEOUS 13.1 If any provision or provisions of these general terms and conditions are found to be ineffective or unenforceable in whole or in part, this shall not affect or impair the effectiveness or enforceability of the remainder of the provisions Except as expressly provided for in these general terms and conditions, the Client shall not assign or transfer any of its rights hereunder without SGS- TÜV s prior written consent Neither party shall assign the Contract without the prior written consent of the other party. Such consent shall not be unreasonably withheld. Any assignment shall not relieve the assignor from any liability or obligation under the Contract Any notification made by the parties under these general terms and conditions must be made in writing and either hand delivered or sent by prepaid post to the address of the other party as set out in the application. A notification will be deemed received by the other party: (a) if hand delivered, on the date of delivery; (b) if sent by post, three days after the date of posting; or (c) if sent by facsimile, the time indicated on the sending party s facsimile transmission confirmation message The parties acknowledge that SGS-TÜV provides the services to the Client as an independent contractor and that the Contract does not create any partnership, agency, employment or fiduciary relationship between SGS-TÜV and the Client Any failure by SGS-TÜV to require the Client to perform any of its obligations under these general terms and conditions or under the terms of the Contract shall not constitute a waiver of its right to require performance of this or any other obligation. 14. DISPUTES Unless specifically agreed otherwise, all disputes arising from or in connection with these general terms and conditions or the Contract shall be governed by the application and interpretation of the laws of the Federal Republic of Germany, excluding conflict of law provisions. Any dispute shall be submitted to the exclusive jurisdiction of the competent courts of Hamburg (Germany). SGS-Gruppe Deutschland, July 1, 2016 page 4 of 8

5 CODES OF PRACTICE 1. SCOPE The Certifying Body of SGS-TÜV Saar GmbH, Functional Safety & IT Security, Hofmannstr. 50, Munich, Germany (hereafter Certifying Body or SGS-TÜV ) provides services to natural persons, companies or corporations (hereafter Client ). The Certifying Body may provide its services directly or, in its absolute discretion, through (a) its own employees, (b) any SGS or SGS- TÜV affiliated company or (c) any other trustworthy natural person or legal entity. Where part of the work is subcontracted to others, SGS-TÜV retains full responsibility for granting, maintaining, extending, reducing, suspending or withdrawing certification and for ensuring that properly documented agreements are in place. The Certifying Body will notify its Clients of any changes to the requirements for Certification in due time. 2. CONFIDENTIALITY The Certifying Body maintains confidentiality at all levels of its organization concerning information obtained in the course of its business. No information will be disclosed to any third party unless made in response to legal proceedings. The Client s name, location, scope of certification and contact numbers may be entered into relevant directories. The Certifying Body maintains its own directory of certified Clients which is publicly available via the SGS-TÜV website. This website shows the status of any suspended, cancelled or withdrawn Certificates. 3. ORGANISATIONAL STRUCTURE A copy of the organisational chart of the Certifying Body, showing the responsibility and reporting structure of the organisation, and documentation identifying the legal status of the Certifying Body are available on request. 4. APPLICATION FOR CERTIFICATION On receipt of a completed questionnaire (provided by the Certifying Body upon request), a proposal is sent to the Client outlining the scope and costs of the services. Once the order is received, together with any due payments and controlled copies of relevant documentation and samples, the project will be allocated to a specialised certifier who will be responsible for ensuring that the services are carried out in accordance with the procedures of the Certifying Body. 5. CLIENT S OBLIGATIONS In order to obtain and retain certification, the Client shall comply with the following procedures and rules: (a) The Client shall make available to the Certifying Body all documents, samples of products, drawings, specifications and other information required by the Certifying Body to complete the audit and shall appoint a designated person who is authorised to maintain contact with the Certifying Body. (b) The Certifying Body, if not satisfied that all certification requirements are met, shall inform the Client of those aspects in which the application has failed. (c) When the Client can show that remedial action has been taken by it within the time limit specified by the Certifying Body to meet all the requirements, the Certifying Body will arrange, at additional cost to the Client, to repeat only the necessary parts of the audit. (d) If the Client fails to take acceptable remedial action within the specified time limit it may be necessary for the Certifying Body, at additional cost, to repeat the assessment in full. (e) The determination of conformity shall refer only to the sites or products stated in the Certificate or other attachments which may accompany the Certificate. (f) Clients shall, when requested to do so, permit the presence of observers during assessments, e.g. accreditation auditors or trainee auditors. 6. ISSUANCE OF CERTIFICATES When the Certifying Body is satisfied that the Client meets all the certification requirements, it will inform the Client and issue a Certificate. The Certificate shall remain the property of the Certifying Body and may only be copied or reproduced for the benefit of a third party if the word copy is marked thereon. The Certificate will remain valid until its expiry unless a surveillance audit reveals that the management system and/or products of the Client no longer meet the standards, norms or regulations. The Certifying Body reserves the right to decide, on a case by case basis, at its sole discretion and after taking the applicable provisions into account that the issuance of the Certificate will be conditional upon full payment of the Certifying Body s fees or other pecuniary claims in connection with the said Certificate or any prior services performed for the Client. 7. CERTIFICATION MARKS Upon issuance of a Certificate, the Certifying Body may also authorise the Client to use a designated certification mark. A Client s right to use any such mark is contingent on maintaining a valid Certificate in respect of the certified product or the certified process and compliance with the Regulations governing the use of the certification mark issued by the Certifying Body. In addition, a Client who has been authorised to use the mark of an accrediting body must comply with the rules governing the mark of such a body. Any misuse of such a mark represents failure to comply with certification requirements and may result in the suspension of the certification. 8. SURVEILLANCE Periodic surveillance audits shall be carried out in conjunction with the management system, documentation, manufacturing and distributing processes and products. These actions shall be taken at the sole discretion of the nominated auditor and depend on the type of certification services provided. The Client shall provide the auditor access to all sites or products for surveillance purposes whenever deemed necessary. The Certifying Body reserves the right to make unannounced visits as required. The Client shall maintain a register recording all customer complaints and safety-related incidents reported by any monitoring authority or users relating to aspects covered by the Certificate and make this available to the SGS-Gruppe Deutschland, July 1, 2016 page 5 of 8

6 Certifying Body on request. The Client shall be informed of the results of any surveillance visit. 9. RECERTIFICATION OF PERSONAL CERTIFICATIONS The extension of a Certificate at the end of the certified period shall be subject to reapplication according to clause 4. However, the Client shall be fully responsible for the timely submission of an application for recertification. 10. EXTENSION OF CERTIFICATION SCOPE In order to extend the scope of a Certificate to cover additional sites or products, the Client shall complete a new questionnaire. The application procedure outlined in clause 4 will be followed and an audit carried out on those areas/products not previously covered. The cost of extending the scope of certification will be based on the nature and scope of the services. Following a successfully completed audit, an updated Certificate will be issued, indicating the extended scope of the certification. 11. SYSTEM/PRODUCT MODIFICATIONS The Client shall inform the Certifying Body, in writing, of any intended modification to the management system, products or manufacturing processes which may possibly affect compliance with the standards, norms or regulations. The Certifying Body will subsequently determine whether the notified changes require additional audits. Failure by the Client to notify the Certifying Body of any intended modification may result in suspension of the Certificate. 12. PUBLICITY BY CLIENT Compliance with the applicable regulations governing the relevant certification mark(s) provided, a Client may publicise that its relevant management system or products have been certified and may print the relevant certification mark on stationery and advertising materials relating to the scope of certification. In any case, the Client shall ensure that its announcements and advertising materials do not create confusion or could otherwise mislead third parties about certified and non-certified systems, products or sites. 13. MISUSE OF CERTIFICATES AND CERTIFICATION MARKS The Certifying Body shall be entitled to take suitable action, at the expense of the Client, against any false or misleading references to certification or the misuse of Certificates and certification marks. These actions include suspension or withdrawal of Certificates, legal action and/or publication of the misuse. 14. SUSPENSION OF CERTIFICATE A Certificate may be suspended by the Certifying Body for a specific period in cases including but not limited to the following: (a) If a request for corrective action has not been satisfactorily complied with within the designated time limit; or (b) If a case of misuse as described in clause 13 is not corrected by suitable retractions or other appropriate remedial measures by the Client; or (c) In the case of any contravention of the proposal, certification order, the general terms and conditions for certification, this Codes of Practice or the Regulations governing the use of the certification mark; or (d) If products are being placed on the market in an unsafe or nonconforming condition; or (e) If audits are not carried out within the prescribed time frame. The Client shall be prohibited from identifying itself as certified and using any certification mark on any product included in the scope of a suspended Certificate. The Certifying Body shall inform the Client of the suspension of a Certificate in writing. At the same time, the Certifying Body shall specify the conditions under which the suspension may be revoked. At the end of the suspension period, an investigation will be carried out to determine whether the indicated conditions for reinstating the Certificate have been fulfilled. On fulfilment of these conditions the suspension shall be lifted and the Client notified of the Certificate reinstatement. If the conditions are not fulfilled the Certificate shall be withdrawn. Any costs incurred by the Certifying Body in conjunction with the suspension and reinstatement of Certificates shall be borne by the Client. 15. WITHDRAWAL OF CERTIFICATES A Certificate may be withdrawn if (a) The Client takes inadequate remedial measures in case of suspension; (b) In case of product certification, the products do not conform to the standards, norms or regulations or are no longer offered; or (c) The Certifying Body terminates its Contract with the Client. In any of these cases, the Certifying Body has the right to withdraw the Certificate by informing the Client in writing. The Client may appeal the withdrawal of the Certificate (see clause 18). In cases of withdrawal, audit fees shall not be reimbursed. In addition, withdrawal of the Certificate shall be published by the Certifying Body. 16. CANCELLATION OF CERTIFICATE A Certificate will be cancelled if (a) The Client advises the Certifying Body in writing that it does not wish to renew the Certificate, or goes out of business; (b) The Client no longer offers the products; or (c) The Client does not submit the application for renewal in a timely manner. In the event a Certificate is cancelled, the costs of the audit shall not be reimbursed. 17. RECOGNITION OF ACCREDITED ORGANISATIONS The Certifying Body, in its sole discretion, generally recognises the certificates issued by other accredited organisations where this does not compromise the integrity of a system or product certification scheme. 18. APPEALS The Client has the right to appeal any of the decisions taken by the Certifying Body. SGS-Gruppe Deutschland, July 1, 2016 page 6 of 8

7 Appeals must be lodged in writing and received by the Certifying Body within seven days of receipt of the notification. An appeals form will subsequently be sent to the Client for completion and must be returned to the Certifying Body within 14 days of receipt, supported by relevant facts and data to be considered in the appeals procedure. All appeals will be forwarded to the Certifying Body and put before a court of arbitration. The Certifying Body shall be required to justify its decision. Any decision of the Certifying Body shall remain in force up until completion of the appeal procedure. The decision of the court of arbitration shall be final and binding on both the Client and the Certifying Body. Once the decision regarding an appeal has been made, no counterclaim by either party in dispute can be made to amend or change this decision. In instances where the appeal has been successful, no claim can be made against the Certifying Body for reimbursement of costs or any other losses incurred. THE CERTIFYING BODY RESERVES THE RIGHT TO SUPPLEMENT, RESCIND OR CHANGE THIS CODE OF PRACTICE WITHOUT PRIOR NOTIFICATION. UNLESS OTHERWISE EXPLICITLY AGREED IN WRITING, ALL SERVICES ARE PERFORMED ACCORDING TO THE GENERAL TERMS AND CONDITIONS FOR CERTIFICATION SERVICES. IN CASE OF CONFLICT WITH ANY OTHER PROVISION, THE GENERAL TERMS AND CONDITIONS FOR SERVICES SHALL PREVAIL. 19. COMPLAINTS In the event a Client has cause to complain to the Certifying Body, the complaint shall be submitted in writing, without delay, to the certification manager of the Certifying Body. If the complaint is made against the certification manager, the letter of complaint shall be addressed to the managing director of the Certifying Body. The complaint shall be acknowledged in writing following receipt. The complaint will then be independently investigated by the Certifying Body and closed on the satisfactory conclusion of the investigation. Following closure the complainant will be informed accordingly. SGS-Gruppe Deutschland, July 1, 2016 page 7 of 8

8 R E GUL ATIONS GOVE R NING THE US E OF CE R TIFIC ATION MAR K 1. INTRODUCTION These regulations govern the use of the certification mark of SGS (Société Générale de Surveillance SA, 1 place des Alpes, 1201 Geneva, Switzerland), which has been licensed to the certifying company for the purposes hereof. 2. DEFINITIONS In these Regulations: (a) Certificate means the Certificate issued by the certifying company for the respective scope of the certification including the Certificate repository. (b) Certifying company means SGS-ICS International Certification Services GmbH or SGS-TÜV Saar GmbH or SGS Germany GmbH. (c) Client means the person or organisation to whom a Certificate is issued. (d) Standards means the standards listed in the Certificate (e) Use means the legal, authorised, limited, non-exclusive, restricted and revocable right or the permission to use the certification mark. 3. USE OF THE CERTIFICATION MARK 3.1. The certification company makes the certification mark available to the Client following the certification The Client s right to use the certification mark may only be assigned with written permission by the certification company The use of the certification mark shall not release the Client from its legal responsibilities with respect to any and all aspects of the certified scope of products and services delivered The Client undertakes to consistently observe the current regulations of the certification company with respect to the colour, size and design of the certification mark on stationery and advertising materials and to always obtain prior written permission by the certification company in respect thereof The Client undertakes: (a) To keep the certification mark unaltered at all times, (b) To use the certification mark exclusively in the manner prescribed herein and in the Certificate, (c) To use the certification mark exclusively in conjunction with the certified scope of products and services delivered, (d) To apply the certification mark to stationery and advertising materials in a way that precludes any possibility of confusion between the certified and non-certified parts of the scope of products and services delivered, (e) To use the certification mark on its products, its primary and secondary packaging only if product conformity has been certified, (f) To comply with the precise instructions of the certifying company concerning the markings with which the certification mark may be supplemented, (g) In the event of suspension, withdrawal or termination of the Certificate to immediately cease to use the certification mark on its stationery and on any advertising materials containing or referring to the certification mark and to subsequently refrain from any use of a copy or imitation of the certification mark, (h) During or after the validity of the Certificate not to raise or purport any claim to proprietary rights regarding the certification mark and not to contest the right of the certifying company, its legal successors or assigns to permit the use of this certification mark according to these regulations, (i) To use the certification mark of the Certifying Body only following express permission by the certifying company and, in this event, only in accordance with the regulations of this organisation and only in conjunction with the certification mark. The DAR-accreditation mark may not be used on documents for business or commercial purposes. It may only be used as a copy of the Certificate (j) Statements to the effect that products originate from a company whose management systems has been certified by the certifying company are permitted. (k) The Certificate may only be depicted in a form that is true to the original, with the exception of size. In the event of misuse or use giving rise to misunderstanding of the certification mark of the certifying company the user is obligated to immediately stop any violations, initiate corrections if necessary and, if applicable, to pay damages. In any such event the certifying company shall have the right to prohibit the further use of the certification mark with immediate effect. SGS IS THE WORLD S LEADING INSPECTION, VERIFICATION, TESTING AND CERTIFICATION COMPANY. AS A JOINT VENTURE OF SGS AND TÜV SAARLAND E. V., SGS - TÜV SAAR ENSURES THE RELIABILITY AND QUALITY OF PROCESSES, PRODUCTS AND TECHNICAL SERVICES. SGS-Gruppe Deutschland, July 1, 2016 page 8 of 8