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MASTER AGREEMENT FOR
CERTIFICATION SERVICES
____________________________________________ (Organization) hereby
engages ICRS Management Systems Pvt. Ltd. (ICRS) to provide certification
services as defined in Registration Service Agreement(s) (RSA’s)
attached hereto. Certification
services are provided subject to standard-specific accredited
certification rules which are posted on ICRS’s website
(www.icrsms.com) and to the following general terms and conditions.
1.1 Confidentiality
ICRS employees and their appointed
representatives will maintain information they receive as a result of
their contact with the Organization in strict confidence and will not
disclose such information to third parties without the written consent of
the Organization except as (1) required by law, (2) required as disclosure
in published directories or (3) required in the record access process by
accreditation bodies.
Notwithstanding the forgoing, no confidentiality obligations shall
attach to information: (1) which
is in the public domain at the time of its disclosure, (2) which
thereafter falls into the public domain through acts other than
unauthorized acts of ICRS or its employees, (3) which is in ICRS'
possession at the time of its disclosure, or (4) which is thereafter
disclosed to ICRS on a non-confidential basis by third parties having the
right to do so.
1.2 Public
Notice
ICRS maintains a list of its Certified
Organizations. The information in
the list is available to the public.
Updates to the list will be performed on monthly basis.
2.1 Payment Terms
a) Invoices / Performa Invoices
for services rendered in accordance with certification services agreement
shall be submitted to the organization. Charges and fees shall be based
on ICRS's Schedule of Fees identified in RSA(s) effective at the time
when agreement is accepted or as amended and agreed to by both
parties. Invoices shall be payable
upon receipt.
b) Postponement of confirmed
on-site audit dates may result in charges up to 50 percent of scheduled
on-site assessment plus all pre-paid expenses.
c) In the event an account is
not paid or otherwise resolved within 30 days after the date of invoice,
ICRS may at its option:
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Refuse any further consideration of the agreement,
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Not issue a certification document or
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Terminate this agreement.
d) Fees and expenses incurred by ICRS in connection
with collecting past due accounts shall be the responsibility of the
Organization.
2.2 Other
Conditions
a)
The Organization agrees to comply with relevant provisions of
ISO 9001 standard requirements, with the requirements for certification –
granting, maintaining, reducing, extending, suspending, withdrawing certification and re-certification as
specified in Certification Rules (ICRS-CD-01-06).
b)
The accreditation body can select any accredited client for
witness audit. The client shall permit for the witness audit and allow
the accreditation body assessor’s to access the records. There
shall be no additional charges for witness audit and logistic expenses
shall be borne by ICRS.
c)
Due to any circumstances whatsoever, ICRS can visit the client
any time and if this visit is not for the purpose of Surveillance or
follow-up audit, then no fees shall be charged.
d)
When requested, Organization shall make available all documents
including complaint and related matters to ICRS.
e)
In the event of certified organization is not able to consent ICRS
to conduct first surveillance audit following initial certification,
which shall be within 12 months from the last day of the stage 2 audit.
The second surveillance audit shall be carried out within three month
after the due date; ICRS may suspend the certification according to
certification rules (ICRS-CD-01.06).
f)
ICRS shall not be liable for any loss or damage due to any
failure or delay in performance of this agreement resulting from any
cause beyond our reasonable control, including, but not limited to: acts
of God; acts or omissions of civil or military authority; acts or
omissions of the other party hereto; acts or omissions of suppliers;
fires; floods; epidemic; quarantine restrictions; unusually severe
weather; strikes or labor disputes; embargoes; wars or warlike
circumstances; riots; sabotage; delays in transportation provided by
other persons; compliance with applicable regulations or directive of
national, state or local governments or any department thereof; or fuel,
power or labor shortages.
g)
The Organization agrees to indemnify, defend, and hold ICRS and
its officers, employees, representative, or representative harmless for
any claims for personal injury, death, property damage, or the loss,
damage, or injury of any nature whatsoever arising out of or in
connection with this agreement other than claims from negligence or
willful misconduct on the part of ICRS.
In further consideration of ICRS assessing the Organizations'
Management System, the Organization hereby relieves ICRS, its officers,
employees, representative, or representatives from liability to the
Organization arising out of, or connected with Certification, the
issuance or denial of Certification, or the suspension or withdrawal of
Certification due to any reasons whatsoever. In case of suspension of
certificate the organization shall stop using the logo of ICRS and NABCB
on any stationary or other material. Further the organization shall not
mention itself as certified organization till it obtain revocation, the
proof of which has to be sent by the organization to ICRS. The reasons
which caused suspension shall be complied within 6 months after this the
suspended certificate will be withdrawn. Under the withdrawal of
certification the organization shall return the original certification and
other related documents.
h)
This agreement shall become a contract between the Organization
and ICRS upon its acceptance, in the space below by ICRS and the
Organizations' authorized representative.
This agreement, upon such acceptance, is mutually agreed to contain
all and the only agreements between ICRS and the Organization, and that
no representative or representative from either party has made any
statements, representations or arguments, verbal or written, which
contradicts or adds to this agreement.
ICRS reserves the right to make revisions to the contract and to
issue a new agreement, which will become a contract between the
Organization and ICRS when accepted by both parties. Except as otherwise provided herein,
both ICRS and the Organization may terminate this agreement without cause
upon written notice of such termination within thirty days prior to the
date of such termination with the exception that accrued fees shall be
payable in accordance with the terms contained herein.
i)
Any statutes of limitations not withstanding, the Organization
agrees that its right to bring or assert against ICRS any and all claims,
demands, or proceedings, whether in arbitration or otherwise, shall be
waived unless notice is received by ICRS within thirty days after the
Organization has taken notice of or should reasonably have been expected
to have had notice of the basis for such claims; but it should be within
ninety days of the service provided by ICRS. Any arbitration or legal
proceedings shall be treated as time barred/null and void if notice is
not received by ICRS within 90 days of its providing service on the basis
of which the organization is seeking claim.
j)
Travel expenses of Assessment staff will be charged at actual
from our nearest office. Boarding and lodging expenses shall be charged
at actual where the assessment staff is required to travel overnight.
k)
The Certification process shall be initiated after the
acceptance of this agreement. The validity of certificate is contingent upon
the organization agreeing and meeting the requirements specified in Certification
Rules (ICRS-CD-01.06) as given in our website www.icrsms.com and this agreement.
The conformity with the requirements for certification is the
responsibility of the organization.
l)
For the scopes not available with the certification body, ICRS
shall issue a non-accredited certificate. As per the terms mutually
agreed a fresh accredited certificate may be issued as and when the activity
is accredited by Accreditation Body. In the event the client is issued a
non-accredited certificate, ICRS can provide an accredited certificate
only after doing a fresh audit as per the terms mutually agreed. In case
any change of rules or methodology is advised by the accreditation body,
the same shall be applicable for certification body and the client for
maintaining the validity of Certificate.
m)
After the acceptance of RSA, if the applicant wishes to cancel
it, the advance or any other charges paid shall not be refundable.
Liability of certification body is limited to a maximum of amount
equivalent to the fees paid by the client. The offer given in RSA is
valid for 60 days from the date of issuance.
n)
This Agreement will be governed exclusively by the laws
prevailing under the jurisdiction of Delhi/New Delhi courts only. In the
event of any dispute the client/ organization and Certification Body
agreed to submit exclusively to the jurisdiction of the courts located at
Delhi/New Delhi for resolution of any dispute arising out of or in
connection with this agreement.
o)
Having read and understood the terms of this agreement both the
parties have entered into this agreement
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Company Name:
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ICRS Management System Pvt. Ltd.
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Address (*)
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4th Floor, TCR NIVERAS
PLAZA, No.
325, Poonamallee High Road, Chennai
– 600 029,
Tamil Nadu,
India
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(Registered Office)
No.: J8/95, I st
Floor, Rajouri Garden, New Delhi
– 110 027, India
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Authorized Signature / Title
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ICRS Management System Pvt. Ltd.
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Date:
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Date:
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*(Include Head office, all the
units / branches covered under scope of certification)
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