- The Audit and Certification Regulations is applicable to all clients certified by KW Certification Pte Ltd (KWC)
- KWC is a private limited company, financed through paid-up shares.
- KWC offers management systems and product certification services. The Services provides an independent audit and certification of an applicant’s management systems against a recognized and appropriate standard.
- KWC will not be responsible for any liabilities, claims, costs, expense, loss or damage made by certified clients in failing to sustain the management system as a result of negligence.
- KWC, its officers, employees and sub-contractors agreed to maintain as confidential and not to use or disclose to any third party, any information derived from the Client within the Scope of Services without the consent of the Client, except to the extent that it is reasonably necessary to enable the KWC 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 that is in the public domain at the time of disclosure to KWC, or
ii) Any information that disclosed is required by law or in the course of any legal proceedings, or
iii) Any information which otherwise may be required to be made available in respect of achieving Certification.
TERMS OF PAYMENT
- The charges for the services are as set out in the Quotation Reference: ________ to this agreement.
- All expenses reasonably incurred by employees of KWC or by sub-contractors in performance of this agreement shall be paid by the Client. No charge will be made for absence due to sickness or unexpected circumstances.
- The KWC reserves the right to increase the charges if KWC’s Assessors work for more than eight hours on one or more days. KWC reserves the right to charge for that additional time on a pro-rata basis from time to time. The Company will notify the Client of its intention to vary the charges.
- KWC will send Client an Invoice upon completion of the certification approval process (see attached quotation). All payment due from the Client under this agreement shall be paid to the KWC within 30 days of the date of the invoice.
- Certification Assessment and Surveillance Visits shall be as agreed between KWC and Client having regard to the nature of the visit and the prior commitments of both parties.
12. This Agreement shall continue in force unless and until terminated:
i) KWC shall have the right at any time by giving 1 month notice in writing to the Client to terminate the Certification forthwith in V any of the following events:
• If the Client commits a breach of any of these Terms and Conditions of KWC and did not provide a solution to the breach within 30 days of a written request from KWC.
• if payments referred shall remain unpaid for a period of 30 days after the same shall have become due,
ii) By either party upon 30 days written notice to the other.
iii) At the date of termination of this Agreement the Client’s Certificate of Approval shall immediately cease to be valid. The certificate shall be returned to the Company and all Client documentation using the KWC Logo shall be withdrawn.
RESPONSIBILITIES OF KWC
13. KWC shall give a detailed description of the initial and continuing certification activity, including the application, initial audits, surveillance audits, and the process for granting, refusing, maintaining of certification, expanding, or reducing the scope of certification, renewing, suspending or restoring, or withdrawing of certification and re-certification.
14. KWC shall provide information about the fees for application, initial certification and continuing certification.
15. KWC shall provide the KWC’s requirements for prospective clients of the following:
• KWC shall provide documents describing the rights and duties of certified clients, including requirements, when making reference to its certification in communication of any kind.
• KWC shall provide information on procedures for handling complaints and appeals.
• KWC shall inform the client, in advance, of the information it intends to place in the public domain.
• KWC shall give its certified clients due notice of any changes to its requirements for certification
16. KWC shall maintain (through publications, electronic media or other means), and make public, without request, in all
geographical areas in which it operated information about:
a) Audit processes
b) Processes for granting, maintaining, renewing, suspending, restoring or withdrawing certification or expending or
reducing the scope of certification
c) Types of management systems and certification schemes in which it operates
d) The use of the certification body’s name and certification mark or logo
e) Processes for handling requests for information, complaints and appeals
f) Policy on impartiality
RESPONSIBILITIES OF CLIENTS
17. Clients must have a Management Representative (MR) who is responsible to ensure their management system meets the requirements of the relevant management system standard. The MR will be the contact person between KWC and clients.
18. Clients shall, with reasonable diligence, co-operate with KWC in its provision of the Services by providing access to its premises, personnel, documentation required for the proper conduct of the Services. Clients shall obtain necessary consents to facilitate KWC’s auditors’ entry into its premises and to accommodate, where applicable, the presence of observers.
19. Clients who are granted certification approvals who intend to discontinue their certification shall notify KWC in writing at least two (2) months before the due date of the next surveillance audit.
20. Client shall not use its Certification in such a manner as to bring KWC into disrepute and shall not make any statement regarding its Certification which KWC may reasonably consider to be misleading or unauthorized.
21. Client shall not use its Certification to imply that any product or service is approved by KWC or any other Certification body nor in any other manner other than to indicate that its Management System is in conformity with specified standards or other normative documents.
22. Client must comply that no Certification document, mark or report, or any part thereof is used by the client organisation, its servants, agents or sub-contractors.
23. Client shall upon request by Accreditation Body, allow Accreditation body assessor to witness on-site audit, the client organisation shall give consent for the assessors of the Accreditation Body to witness the
24. Client shall to make provisions, where applicable, to accommodate the presence of observers (e.g. accreditation auditors or trainee auditors);
25. Client shall informs KWC, without delay, of matters/changes that may affect the capability of the management system to continue to fulfil the requirements of the standard used for certification. These include changes relating to:
a) The legal, commercial, organisational status or ownership;
b) Organisation and management
c) Contact address and sites
d) Scope of operations under the certified management system
e) Major changes to the management system and process
26. 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 officer, 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.
27. These Terms and Conditions shall be governed by and construed in accordance with Singapore Law.
28. The Client undertakes to indemnify KWC against any loses suffered or by claims made against the KWC as a result of misuse by the Client of any approval or licence granted by the KWC under this agreement
LIMITATION OF LIABILITY
29. Whilst every reasonable care is taken by KWC to ensure that the Assessment given to the Client is correct, KWC shall not be liable or responsible for any loss damage or claim of whatsoever nature including pure economic loss and any consequential loss howsoever arising, occasioned by the implementation of such Assessment.
OWNERSHIP OF CERTIFICATION AND REGISTRATION
30. The certificate and the right to use the symbol shall remain the property of the KWC and cannot be sold, lent or used as an asset of the Client.
31. In the event that the Company wishes to withdraw its Certification, 3 months written notification of this intent must be provided by the Company to KWC. Failure to do so, a withdrawal penalty will be charged.
32. KWC shall have the right to suspend the certification in any of the following events:
i. The company has persistently or seriously failed to meet certification requirements;
ii. The company does not allow surveillance or re-certification audits to be conducted at the required frequencies;
iii. The company has voluntarily requested a suspension
33. Client under suspension are required to cease the use of all advertising matters that contains a reference to certification.
ASSESSMENT DISPUTES, COMPLAINTS AND APPEALS
34. Any disputes arising between the auditor, auditee and any involved parties may be resolved by mutual agreement If disputes cannot be settled by mutual agreement the client may raise a complaint to the certification body.
35. On receipt of a complaint KWC will process the complaint in accordance with its complaints Standard of Procedures.
36. Should the Client not accept the KWC decision regarding their complaint they may appeal to the certification body governing board for a final decision.