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The Conditions for Certification are applicable for all
Certificate of Compliance issued by BMQR upon assessment
of client's Quality Management System to give confidence
in the product/services provided. Compliance to certification
conditions shall become mandatory upon the client's signing
of certification agreement. BMQR reserve the right to
make any change in this certification condition with information
to the client.
Definitions
Where used in the conditions, the terms listed below shall
have the following meaning:
BMQR: BMQR Certifications Pvt Ltd. (BMQR) is an
independent third party certification body providing certification
services of the Quality Management system.
Client: An applicant organization applying to BMQR
by providing client information for certification and
subsequent signing of certificate agreement for Quality
Management System.
Certificate of compliance: Document issued to
client after the satisfactory assessment of client's Management
system meeting the requirement of the contractual standard.
The certificate of compliance reflects the effective implementation
of the Quality Management System and confidence in the
product and services provided as defined in the scope
of certification. Certificate of compliance is identified
by certificate number and is not subjected to transfer.
Certificate of compliance is valid for three years from
the date of approval for certification by BMQR Certification
Decision Committee and as indicated in the Certificae.
Certificate of compliance is not a product certification.
Confidentiality
All personnel of BMQR including members of various committees
have signed a confidentiality declaration and shall not
disclose any information relating to the client business/process/activities
to any third party. If the local laws as legal requirements
permit disclosing of confidential information, BMQR may
reveal such information for a specific purpose with prior
permission from the client.
Certification Agreement
BMQR shall provide certification services to clients who
has signed certification agreement and agreed to abide
by Conditions for Certification provided in this document.
Such agreement shall be signed after review of BMQR proposal
for certification. The certification agreement is valid
for initial 3 years and subsequent renewals including
re-certification and surveillance audits as indicated
in the proposal for certification.
Responsibility of client
Maintain a documented QMS in accordance with applicable
standard and effective implementations of QMS.
Identify a management representative from its management
for all communications and coordination.
Conduct internal audits and Management Review at planned
intervals.
Inform BMQR of any major organizational changes and a
business process that has an impact on the certificate
of compliance issued and agrees for BMQR to conduct reassessment
if required.
Provide access to BMQR audit team and/or our associated
accreditation body as relevant to examine structure, policy,
procedures and records to confirm implementation of this
requirement and extend necessary cooperation including
a working space and guides including records of complaints
and corrective actions
Provide access to all records of complaints and corrective
action taken as per the Quality Management System.
Provide information on health, safety and environmental
requirements to be followed by BMQR auditors during assessment.
Provide information on the applicable statutory and regulatory
requirements for the scope of certification.
Extend cooperation during investigation of any compliant
received from the interested parties. Agree for any additional
visit at cost, which may be necessitated, from such investigation,
which is outside the scope of proposal for certification.
Agree for follow-up audit man days, if recommended by
Lead Auditor during compliance audit or Certification
Decision Committee.
Ensure proper use of certificate of compliance, quality
mark, and accreditation mark as per the BMQR instruction
and without projecting in any manner that the product
has been certified.
Inform BMQR of any requirements for change of audit team
members/technical experts in advance.
In case of withdrawal of certificate of compliance. Withdrawing
quality marks and accreditation mark from all points of
use.
Compliance with relevant provision of certification programme
to confirm that their system is certified with respect
to the scope of certification,
Use COC in a way, which will not bring BMQR to disrepute.
Do not give misleading or unauthorized statement regarding
certification.
Discontinue use of certification upon suspension or withdrawal
of its certificate.
Use certification only to indicate that Quality Management
System is in conformity with specific requirements.
Change relevant documents within an agreed timeframe,
in case of changes to conditions for certification as
communicated by BMQR.
Overall Audit Plan
Initial assessment
Document Review:
Review the adequacy of the QMS (Quality Manual
& Quality System procedures) to the contractual standard.
Resolutions for document review comments if any.
Document review may be done on site/off site.
Document review is carried out as per checklist.
Compliance Audit/Scope expansion or reduction/ transfer
audit/re-certification:
Inform audit team nomination and audit programme in advance.
Conduct opening meeting to explain audit methodology
Obtain client consent if subcontracted organisation and
or person are conducting the audit.
Verify effective implementation of QMS by examining personnel,
policies, procedure and records on sample basis against
the contractual standard and the scope of certification
and is carried out on site as per client information for
certification.
Compliance audit is carried our as per the checklist.
Record Non conformance and classify as Major or Minor
Conduct closing meeting and explain audit findings, recommendations
and revision to scope of certifications if required.
Review the suitability of surveillance frequency and/or
man days based on the audit findings.
Provide copy of audit report with recommendations
Review of audit reports by BMQR certification decision
committee
Resolutions of clarifications in the audit reports if
any prior to approval of recommendations.
Close all NCRs based on proposed corrective action/follow
up audit, if required.
Issue certificate of compliance
Issue instructions on the use of quality marks and accreditations
mark
Surveillance Audit
Conduct surveillance audit to verify continued
implementation of QMS at agreed frequency as per the proposal.
Verify the effectiveness of QMS implementation, planned
processes are verified during each surveillance audit
ensuring to cover all processes during each certification
cycle.
Conduct follow-up audit, if required.
Verify use of Quality mark and accreditation mark as per
BMQR instructions.
Provide recommendations on continuation of certification
as per audit report provided at the conclusion of each
surveillance audit.
Re-certification
Conduct re-certification audit at the end of 3-year certification
period for continuation of certification of compliance
and subsequently followed up by Surveillance audits as
per the accepted proposal.
Suspension and withdrawal of Certificate
Suspension and withdrawal shall be affected subject to
the following conditions (with notice to client):
Suspension of Recommendation for Certification if adequate
Corrective action is not submitted to BMQR Office within
30 days from the initial audit date unless and until that
client has sent the prior communication vide letter/e-mail
for requirement of additional time and acceptance from
BMQR.
When no objective evidence is produced by client for the
major non-conformances issued.
Recurrence of major non-conformances indicating the weak
links in the Quality system.
When Management reviews or internal audits are not evidenced
in 2 successive surveillance audits.
When client does not comply with the rules of certification.
When client does not accommodate/give acceptance to conduct
the surveillance audit within the stipulated time period
as notified/communicated.
Not informing major changes to the organization structure/
business process with impact on scope of certification.
Non-payment of Certification and applicable/related charges
as agreed against our proposal.
Suspension may be revoked, in case of positive response
with in 30 days from the date of suspension. Complete
audit process shall be repeated if suspension needs to
be reviewed after 3 months from the date of suspension.
BMQR shall conduct follow up audit within an agreed time
frame of 90 working days at client's expense to verify
effectiveness of action taken.
Use of quality mark and accreditation mark
Accreditation mark shall be used only in conjunction with
BMQR Quality Mark.
The size of the accreditation mark must not exceed the
quality mark.
The Quality mark and accreditation mark may only be used
on correspondence, advertising, invoice, stock form and
promotional material for the products or services described
in the scope of certification. Accreditation mark shall
not be used on business cards.
On size A4 stationery the Quality mark and accreditation
mark shall be 15 x12 mm.
Proportional increase/reductions may be allowed on stationary
of larger/smaller size than A4. and shall be legible to
have QMS standard and certificate number without any distortion
or overlapping.
The conditions as indicated shall also apply to packaging
material and promotional products. The party reporting
the violations to the attention of BMQR is informed of
appropriate action being taken but is not provided with
the details which would breach the organizations violating
right to confidentiality.
The certification mark shall be produced in single colour
either deep blue or red. Use of other colour will require
specific approval of BMQR.
The certified organization shall abide by the BMQR rules
of certification to discontinue any use of Quality mark
and accreditation mark that is unacceptable to BMQR.
BMQR shall initiate corrective action with the certified
organization to avoid misuse of the Quality mark and accreditation
mark brought to the notice of BMQR by any interested parties
and/or general public subject to thorough investigation.
Upon withdrawal of certification by BMQR or upon request
by client to withdraw certification or due to cancellation
of certification contract with BMQR, the certified organization
shall immediately discontinue use of all marks and to
destroy all stocks of material on which they appear.
Any deviation or specific use of mark for special purposes
like small advertisements, on client vehicles/cars shall
not be allowed.
The mark shall not be displayed on vehicles except in
publicity material like part of a large advertisement.
The mark shall only be printed in the colour combination
or in the grey-black combination as specified in the instructions
attached to certificate of compliance.
Complaints/Disputes and Appeals
BMQR shall investigate all complaints and disputes related
to the certification services
Analyse and take corrective actions and inform client
on the action taken
Provide an opportunity to the client to appeal against
actions taken by to the appeals committee of BMQR
Committee constituted by Executive Director shall prepare
a report after investigation including providing an opportunity
to the client to represent their evidence.
Decision of the Executive Director who is responsible
for the approval of report is binding on both the parties
Certification Service Charges
BMQR shall submit the invoices for the certification services
as indicated in proposal for certification for approval
and payment within 15 days
All conditions indicated in the proposal for certification
shall apply.
Liability of BMQR
Certification services are provided by BMQR as per the
agreed proposal for certification Liability of BMQR shall
be limited to the commercial terms referred in the proposal
under any circumstances. Client agrees to indemnify, hold
harmless and defend BMQR from any and all liability of
any and all kinds and types, including without limitation,
claims, demands, or causes of action, including attorney
fees, made or brought by any entity, person, firm or corporation
arising out of or incidental to the certification services
to be provided in connection with this agreement by reason
of injury of any entity, person or damage of any property
regardless of whether such injury or loss, cost, damage
or expenses is occasioned in whole or partly by any negligent
or omission on the part of BMQR, its subcontractors or
employees and regardless of where any such loss or any
action may occur.
Client agree to indemnify and hold BMQR harmless from
and against any fines, taxes, levies or imposed which
may be asserted or imposed upon BMQR by any country or
jurisdiction in which certification services are performed.
Client shall also indemnify and hold and save BMQR against
all expenses and out-of-pocket expenses incurred by BMQR
in connection with or related to the assertion by any
such country or jurisdiction of liability of BMQR to pay
any such fine, tax, and levy or imposed.
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. Expect 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 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 compensations 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
Terms of payment
The charges for the services are as set out in the Estimate(s)
to this agreement. All expenses reasonably incurred by
employees of the Company or by sub contractors in performance
of this agreement shall be paid by the Client.
Scope of Service: The scope of BMQR includes, audit planning,,
assessment, review and issuing certificate. For any other
services other than the scope of BMQR, BMQR will change
Rs. 1000 per manday (follow up audit, special surveillance,
special visit etc).
The Client shall be invoiced on completion of each stage
the certification approval process (see attached estimate).
All payment due from the Client under this agreement shall
be paid to the Company or its agent, on presentation of
the invoice, unless otherwise stated in the estimate to
this agreement.
Following the enquiry the charges in the estimated will
be as accurate as possible, but we reserve the right to
reasonable variations through circumstances apparent from
the initial assessment site visit.
Termination
This Agreement shall continue in force unless and until
terminated:
By either party upon 30 days written notice to the other.
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
and all Client documentation using the Company Logo shall
be withdrawn.
Surveillance
As per the governing rule for BMQR and ISO 17021:2006,
surveillance audit is compulsory. In case, the certificate
is withdrawn due to non-compliance of surveillance audit,
the client shall pay Rs. 3000 towards administration cost.
Assignment
Except as otherwise agreed by the parties in writing this
Agreement shall not be assigned.
Force majeure
No failure or mission by either party to carry out or
observe any stipulations, conditions or warranties to
be a breach of contract to the extent that such failure
or omission arises from causes reasonably beyond control
of such party.
Law
This Agreement shall in all respects be constructed and
operate as an Agreement made in India and in conformity
with Indian Law3and the construction of validity shall
be governed by the Laws of India.
Indemnity
The Client undertakes to indemnify the Company against
any loses suffered or by clams made against the Company
as a result of misuse by the Client of any approval or
license granted by the Company under this agreement
Publicity and Promotion
In order to maintain the integrity of our service, you
will make no misleading statement concerning your application
or certification and will ensure that no one connected
with you gives any such misleading impression
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.
Audit postponement
It client postpone the audit date within 24 hours of the
audit date, it is difficult for BMQR for assigning any
other audit for the auditor. Hence, there will be a waste
of one auditor manday for BMQR. In such case, BMQR will
change Rs. 1500 towards audit Postponement charges.
Safety
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.
Insurance
Each of us shall maintain third party liability insurance
of a type and to level appropriate to its business
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
Chennai Jurisdiction.
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