Common use of Certification and membership Clause in Contracts

Certification and membership. New applications 2.1 Where the applicant for Membership and certification is not already the holder of a valid and current Certificate in respect of the species of Certifiable Animals or category of Certifiable Goods for which certification is sought, and on the express condition that the applicant for certification has first completed and submitted the relevant application form to RSPCA Assured which includes the following information; 2.1.1 details of any previous convictions in the past 3 years (or any longer period which corresponds with any sentence imposed by the Court) and pending prosecutions relating to any offence, especially involving the care, handling, rearing, transport, xxxxxxxxx or sale of animals or produce including, but not limited to; (a) a deprivation or disqualification order made under the Animal Welfare Act 2006 (from owning, keeping, participating in the keeping of animals, from being party to any arrangements under which he is entitled to control or influence the way animals are kept); (b) any pending investigation, prosecution or past conviction under the Animal Welfare Act 2006, Food Safety Act 1990, the Environmental Protection Act 1990 or related regulations or any legislation amending or replacing the same, or otherwise. 2.1 paid the Charges identified in Schedule 1, as applicable on application; and 2.2.1 shown to the satisfaction of the Certification Body (or RSPCA Assured in the case of applications by Authorised User’s) that all of its Certifiable Animals and/or Certifiable Goods (as applicable) in respect of which species or categories certification is sought are produced and dealt with in accordance with the applicable Standards & Requirements; 2.2.2 (in the case of an application for Membership by an Authorised User) completed and provided to RSPCA Assured a traceability form providing details of where Certifiable Goods are sourced; and 2.2.3 agreed in writing to comply with the terms of this Agreement by signature and return of Schedule 2, the Standards & Requirements and, where the Business is seeking the grant of a Certificate confirming that it is an Authorised User, the Regulations the Certification Body via RSPCA Assured will grant the Business or Authorised User a Certificate confirming (among other things): (a) that the Business is an Approved Abattoir, Approved Farm Production Unit, Approved Haulier, or Authorised User or Approved Processor or Authorised User as the case may be; (b) the species of Certifiable Animals (stating the specific production unit reference as necessary) or category of Certifiable Goods in respect of which RSPCA Assured’s approval has been given; and (c) the date on which the Certificate will expire. 2.3 Where the applicant is applying in respect of Certifiable Animals which are seasonal and will only be on farm for a limited period, rather than all year round (such as Christmas turkeys), then the application form and payment of all Charges due on or as a result of the application must be received before Certifiable Animals are placed in the unit/house for which the applicant is applying. 2.4 Applications by Authorised Users will be granted when all the requirements of traceability are provided and RSPCA Assured may undertake an audit to check the product supply chain before confirming Membership. 2.5 Where the Business or Authorised User is a Member holding a valid and current Certificate in respect of the species of Certifiable Animals or category of Certifiable Goods for which certification is sought, on the express condition that the Business or Authorised User has first: 2.5.1 paid the Charges and Marketing Levy applicable as required by the Agreement and set out in Schedule 1: 2.5.2 A Business or Authorised User has shown to the satisfaction of the Certification Body (or RSPCA Assured in respect of Authorised Users) that all of its Certifiable Animals and/or Certifiable Goods (as applicable) in respect of which species or categories certification is sought are produced and/or dealt with in accordance with the applicable Standards & Requirements; 2.5.3 shown to the satisfaction of RSPCA Assured that it is in compliance with the terms and conditions of its current Membership; 2.5.4 In the case of an application for Membership by an Authorised User, the applicant has completed a traceability form providing details of where Certifiable Goods are sourced; 2.5.5 been assessed by RSPCA Assured during the period of its previous Certificate; RSPCA Assured will renew or update the Business’ or Authorised User’s Certificate confirming (among other things): (a) that the Business is an Approved Abattoir, Approved Farm Production Unit, Approved Haulier or Authorised User or Approved Processor or Authorised User as the case may be; (b) the species of Certifiable Animals (stating the specific production unit reference as necessary) or category of Certifiable Goods in respect of which RSPCA Assured’s approval has been given; and (c) the date on which the Certificate will expire. 2.6 Failure to apply for a renewal of a current Certificate within 28 days of its expiry under clause 2.5 may result in the Businesses Certificate being withdrawn and a new application for Membership will be required under Clause 2.1 above. 2.7 For as long as this Agreement continues and the Business or Authorised User is the holder of one or more current and valid Certificates, the Business or Authorised User is a Member.

Appears in 3 contracts

Samples: Membership Agreement, Membership Agreement, Membership Agreement

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Certification and membership. New applications 2.1 Where the applicant for Membership and certification is not already the holder of a valid and current Certificate in respect of the species of Certifiable Animals or category of Certifiable Goods for which certification is sought, and on the express condition that the applicant for certification has first completed and submitted the relevant application form to RSPCA Assured which includes the following information; 2.1.1 details of any previous convictions in the past 3 years (or any longer period which corresponds with any sentence imposed by the Court) and pending prosecutions relating to any offence, especially involving the care, handling, rearing, transport, xxxxxxxxx or sale of animals or produce including, but not limited to; (a) 2.1.2 a deprivation or disqualification order made under the Animal Welfare Act 2006 (from owning, keeping, participating in the keeping of animals, from being party to any arrangements under which he is entitled to control or influence the way animals are kept); (b) 2.1.3 any pending investigation, prosecution or past conviction under the Animal Welfare Act 2006, Food Safety Act 1990, the Environmental Protection Act 1990 or related regulations or any legislation amending or replacing the same, or otherwise.; and where the applicant has: 2.1 2.2 paid the Charges identified in Schedule 1, as applicable on application; and; 2.2.1 2.3 shown to the satisfaction of the Certification Body (or RSPCA Assured in the case of applications by Authorised User’s) that all of its Certifiable Animals and/or Certifiable Goods (as applicable) in respect of which species or categories certification is sought are produced and dealt with in accordance with the applicable Standards & Requirements; 2.2.2 2.4 (in the case of an application for Membership by an Authorised User) completed and provided to RSPCA Assured a traceability form providing details of where Certifiable Goods are sourced; and 2.2.3 2.5 agreed in writing to comply with the terms of this Agreement by signature and return of Schedule 2, the Standards & Requirements and, where the Business is seeking the grant of a Certificate confirming that it is an Authorised User, the Regulations Regulations; the Certification Body via RSPCA Assured will will, subject to clauses 2.6 to 2.7 and 2.12, grant the Business or Authorised User a Certificate confirming (among other things): (a) that the Business is an Approved Abattoir, Approved Farm Production Unit, Approved Haulier, or Authorised User or Approved Processor or Authorised User as the case may be; (b) the species of Certifiable Animals (stating the specific production unit reference as necessary) or category of Certifiable Goods in respect of which RSPCA Assured’s approval has been given; and (c) the date on which the Certificate will expire. 2.3 2.6 Where the applicant is applying in respect of Certifiable Animals which are seasonal and will only be on farm for a limited period, rather than all year round (such as Christmas turkeys), then the application form and payment of all Charges due on or as a result of the application must be received before Certifiable Animals are placed in the unit/house for which the applicant is applying. 2.4 2.7 Applications by Authorised Users will be granted when all the requirements of traceability are provided and RSPCA Assured may undertake an audit to check the product supply chain before confirming Membership. 2.5 2.8 Where the Business or Authorised User is a Member holding a valid and current Certificate in respect of the species of Certifiable Animals or category of Certifiable Goods for which certification is sought, on the express condition that the Business or Authorised User has first: 2.5.1 2.8.1 paid the Charges and Marketing Levy applicable as required by the Agreement and set out in Schedule 1:1 and the Certification Mark Licence; 2.5.2 A Business or Authorised User has 2.8.2 shown to the satisfaction of the Certification Body (or RSPCA Assured in respect of Authorised Users) that all of its Certifiable Animals and/or Certifiable Goods (as applicable) in respect of which species or categories certification is sought are produced and/or dealt with in accordance with the applicable Standards & Requirements; 2.5.3 2.8.3 shown to the satisfaction of RSPCA Assured that it is in compliance with the terms and conditions of its current Membership; 2.5.4 In 2.8.4 in the case of an application for Membership by an Authorised User, the applicant has completed a traceability form providing details of where Certifiable Goods are sourced;; and 2.5.5 2.8.5 been assessed by RSPCA Assured during the period of its previous Certificate; RSPCA Assured will will, subject to clauses 2.9 and 2.12, renew or update the Business’ or Authorised User’s Certificate confirming (among other things): (a) that the Business is an Approved Abattoir, Approved Farm Production Unit, Approved Haulier or Authorised User or Approved Processor or Authorised User as the case may be; (b) the species of Certifiable Animals (stating the specific production unit reference as necessary) or category of Certifiable Goods in respect of which RSPCA Assured’s approval has been given; and (c) the date on which the Certificate will expire. 2.6 2.9 Failure to apply for a renewal of a current Certificate within 28 days of following its expiry under clause 2.5 2.5(c) may result in the Businesses Business’ Certificate being withdrawn and a new application for Membership will be required under Clause 2.1 above. 2.7 2.10 For as long as this Agreement continues and the Business or Authorised User is the holder of one or more current and valid Certificates, the Business or Authorised User is a Member. 2.11 The Charges are non-refundable in the event that Membership is not granted or renewed by RSPCA Assured. 2.12 RSPCA Assured may, at its sole discretion and without limitation of its other rights under this Agreement, decline to issue, renew or update a Certificate where it considers that: 2.12.1 the applicant’s membership of the Scheme (including in relation to the past conduct of any person who is Connected with the applicant (being a company) or a partner in the applicant or Associated with the applicant) would be likely to (i) bring the RSCPA Assured Scheme into disrepute; or (ii) damage the goodwill associated with a Certification Mark; or (iii) be incompatible with the values and principles underlying the Standards & Requirements; or 2.12.2 the applicant is unlikely to adhere, for any reason, to the Standards & Requirements.

Appears in 2 contracts

Samples: Membership Agreement, Membership Agreement

Certification and membership. New applications 2.1 Where the applicant for Membership and certification is not already the holder of a valid and current Certificate in respect of the species of Certifiable Animals or category of Certifiable Goods for which certification is sought, and on the express condition that the applicant for certification has first completed and submitted the relevant application form to RSPCA Assured which includes the following information; 2.1.1 details of any previous convictions in the past 3 years (or any longer period which corresponds with any sentence imposed by the Court) and pending prosecutions relating to any offence, especially involving the care, handling, rearing, transport, xxxxxxxxx or sale of animals or produce including, but not limited to; (a) 2.1.2 a deprivation or disqualification order made under the Animal Welfare Act 2006 Xxx 0000 (from owning, keeping, participating in the keeping of animals, from being party to any arrangements under which he is entitled to control or influence the way animals are kept); (b) 2.1.3 any pending investigation, prosecution or past conviction under the Animal Welfare Act 2006Xxx 0000, Food Safety Act 1990Xxx 0000, the Environmental Protection Act 1990 Xxx 0000 or related regulations or any legislation amending or replacing the same, or otherwise.; and where the applicant has: 2.1 2.2 paid the Charges identified in Schedule 1, as applicable on application; and; 2.2.1 2.3 shown to the satisfaction of the Certification Body (or RSPCA Assured in the case of applications by Authorised User’s) that all of its Certifiable Animals and/or Certifiable Goods (as applicable) in respect of which species or categories certification is sought are produced and dealt with in accordance with the applicable Standards & Requirements; 2.2.2 2.4 (in the case of an application for Membership by an Authorised User) completed and provided to RSPCA Assured a traceability form providing details of where Certifiable Goods are sourced; and 2.2.3 2.5 agreed in writing to comply with the terms of this Agreement by signature and return of Schedule 2, the Standards & Requirements and, where the Business is seeking the grant of a Certificate confirming that it is an Authorised User, the Regulations Regulations; the Certification Body via RSPCA Assured will will, subject to clauses 2.6 to 2.7 and 2.12, grant the Business or Authorised User a Certificate confirming (among other things): (a) that the Business is an Approved Abattoir, Approved Farm Production Unit, Approved Haulier, or Authorised User or Approved Processor or Authorised User as the case may be; (b) the species of Certifiable Animals (stating the specific production unit reference as necessary) or category of Certifiable Goods in respect of which RSPCA Assured’s approval has been given; and (c) the date on which the Certificate will expire. 2.3 2.6 Where the applicant is applying in respect of Certifiable Animals which are seasonal and will only be on farm for a limited period, rather than all year round (such as Christmas turkeys), then the application form and payment of all Charges due on or as a result of the application must be received before Certifiable Animals are placed in the unit/house for which the applicant is applying. 2.4 2.7 Applications by Authorised Users will be granted when all the requirements of traceability are provided and RSPCA Assured may undertake an audit to check the product supply chain before confirming Membership. 2.5 2.8 Where the Business or Authorised User is a Member holding a valid and current Certificate in respect of the species of Certifiable Animals or category of Certifiable Goods for which certification is sought, on the express condition that the Business or Authorised User has first: 2.5.1 2.8.1 paid the Charges and Marketing Levy applicable as required by the Agreement and set out in Schedule 1:1 and the Certification Mark Licence; 2.5.2 A Business or Authorised User has 2.8.2 shown to the satisfaction of the Certification Body (or RSPCA Assured in respect of Authorised Users) that all of its Certifiable Animals and/or Certifiable Goods (as applicable) in respect of which species or categories certification is sought are produced and/or dealt with in accordance with the applicable Standards & Requirements; 2.5.3 2.8.3 shown to the satisfaction of RSPCA Assured that it is in compliance with the terms and conditions of its current Membership; 2.5.4 In 2.8.4 in the case of an application for Membership by an Authorised User, the applicant has completed a traceability form providing details of where Certifiable Goods are sourced;; and 2.5.5 2.8.5 been assessed by RSPCA Assured during the period of its previous Certificate; RSPCA Assured will will, subject to clauses 2.9 and 2.12, renew or update the Business’ or Authorised User’s Certificate confirming (among other things): (a) that the Business is an Approved Abattoir, Approved Farm Production Unit, Approved Haulier or Authorised User or Approved Processor or Authorised User as the case may be; (b) the species of Certifiable Animals (stating the specific production unit reference as necessary) or category of Certifiable Goods in respect of which RSPCA Assured’s approval has been given; and (c) the date on which the Certificate will expire. 2.6 2.9 Failure to apply for a renewal of a current Certificate within 28 days of following its expiry under clause 2.5 2.5(c) may result in the Businesses Business’ Certificate being withdrawn and a new application for Membership will be required under Clause 2.1 above. 2.7 2.10 For as long as this Agreement continues and the Business or Authorised User is the holder of one or more current and valid Certificates, the Business or Authorised User is a Member. 2.11 The Charges are non-refundable in the event that Membership is not granted or renewed by RSPCA Assured. 2.12 RSPCA Assured may, at its sole discretion and without limitation of its other rights under this Agreement, decline to issue, renew or update a Certificate where it considers that: 2.12.1 the applicant’s membership of the Scheme (including in relation to the past conduct of any person who is Connected with the applicant (being a company) or a partner in the applicant or Associated with the applicant) would be likely to (i) bring the RSCPA Assured Scheme into disrepute; or (ii) damage the goodwill associated with a Certification Mark; or (iii) be incompatible with the values and principles underlying the Standards & Requirements; or 2.12.2 the applicant is unlikely to adhere, for any reason, to the Standards & Requirements.

Appears in 1 contract

Samples: Membership Agreement

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Certification and membership. New applications 2.1 Where the applicant for Membership and certification is not already the holder of a valid and current Certificate in respect of the species of Certifiable Animals or category of Certifiable Goods for which certification is sought, and on the express condition that the applicant for certification has first completed and submitted the relevant application form to RSPCA Assured which includes the following information; 2.1.1 details of any previous convictions in the past 3 years (or any longer period which corresponds with any sentence imposed by the Court) and pending prosecutions relating to any offence, especially involving the care, handling, rearing, transport, xxxxxxxxx or sale of animals or produce including, but not limited to; (a) 2.1.2 a deprivation or disqualification order made under the Animal Welfare Act 2006 Xxx 0000 (from owning, keeping, participating in the keeping of animals, from being party to any arrangements under which he is entitled to control or influence the way animals are kept); (b) 2.1.3 any pending investigation, prosecution or past conviction under the Animal Welfare Act 2006Xxx 0000, Food Safety Act 1990Xxx 0000, the Environmental Protection Act 1990 Xxx 0000 or related regulations or any legislation amending or replacing the same, or otherwise.; and where the applicant has: 2.1 2.2 paid the Charges identified in Schedule 1, as applicable on application; and; 2.2.1 2.3 shown to the satisfaction of the Certification Body (or RSPCA Assured in the case of applications by Authorised User’s) that all of its Certifiable Animals and/or Certifiable Goods (as applicable) in respect of which species or categories certification is sought are produced and dealt with in accordance with the applicable Standards & Requirements; 2.2.2 2.4 (in the case of an application for Membership by an Authorised User) completed and provided to RSPCA Assured a traceability form providing details of where Certifiable Goods are sourced; and 2.2.3 2.5 agreed in writing to comply with the terms of this Agreement by signature and return of Schedule 2, the Standards & Requirements and, where the Business is seeking the grant of a Certificate confirming that it is an Authorised User, the Regulations Regulations; the Certification Body via RSPCA Assured will will, subject to clauses 2.6 to 2.7 and 2.12, grant the Business or Authorised User a Certificate confirming (among other things): (a) that the Business is an Approved Abattoir, Approved Farm Production Unit, Approved Haulier, or Authorised User or Approved Processor or Authorised User as the case may be; (b) the species of Certifiable Animals (stating the specific production unit reference as necessary) or category of Certifiable Goods in respect of which RSPCA Assured’s approval has been given; and (c) the date on which the Certificate will expire. 2.3 2.6 Where the applicant is applying in respect of Certifiable Animals which are seasonal and will only be on farm for a limited period, rather than all year round (such as Christmas turkeys), then the application form and payment of all Charges due on or as a result of the application must be received before Certifiable Animals are placed in the unit/house for which the applicant is applying. 2.4 2.7 Applications by Authorised Users will be granted when all the requirements of traceability are provided and RSPCA Assured may undertake an audit to check the product supply chain before confirming Membership. 2.5 2.8 Where the Business or Authorised User is a Member holding a valid and current Certificate in respect of the species of Certifiable Animals or category of Certifiable Goods for which certification is sought, on the express condition that the Business or Authorised User has first: 2.5.1 2.8.1 paid the Charges and Marketing Levy applicable as required by the Agreement and set out in Schedule 1:1 and the Certification Xxxx Licence; 2.5.2 A Business or Authorised User has 2.8.2 shown to the satisfaction of the Certification Body (or RSPCA Assured in respect of Authorised Users) that all of its Certifiable Animals and/or Certifiable Goods (as applicable) in respect of which species or categories certification is sought are produced and/or dealt with in accordance with the applicable Standards & Requirements; 2.5.3 2.8.3 shown to the satisfaction of RSPCA Assured that it is in compliance with the terms and conditions of its current Membership; 2.5.4 In 2.8.4 in the case of an application for Membership by an Authorised User, the applicant has completed a traceability form providing details of where Certifiable Goods are sourced;; and 2.5.5 2.8.5 been assessed by RSPCA Assured during the period of its previous Certificate; RSPCA Assured will will, subject to clauses 2.9 and 2.12, renew or update the Business’ or Authorised User’s Certificate confirming (among other things): (a) that the Business is an Approved Abattoir, Approved Farm Production Unit, Approved Haulier or Authorised User or Approved Processor or Authorised User as the case may be; (b) the species of Certifiable Animals (stating the specific production unit reference as necessary) or category of Certifiable Goods in respect of which RSPCA Assured’s approval has been given; and (c) the date on which the Certificate will expire. 2.6 2.9 Failure to apply for a renewal of a current Certificate within 28 days of following its expiry under clause 2.5 2.5(c) may result in the Businesses Business’ Certificate being withdrawn and a new application for Membership will be required under Clause 2.1 above. 2.7 2.10 For as long as this Agreement continues and the Business or Authorised User is the holder of one or more current and valid Certificates, the Business or Authorised User is a Member. 2.11 The Charges are non-refundable in the event that Membership is not granted or renewed by RSPCA Assured. 2.12 RSPCA Assured may, at its sole discretion and without limitation of its other rights under this Agreement, decline to issue, renew or update a Certificate where it considers that: 2.12.1 the applicant’s membership of the Scheme (including in relation to the past conduct of any person who is Connected with the applicant (being a company) or a partner in the applicant or Associated with the applicant) would be likely to (i) bring the RSCPA Assured Scheme into disrepute; or (ii) damage the goodwill associated with a Certification Xxxx; or (iii) be incompatible with the values and principles underlying the Standards & Requirements; or 2.12.2 the applicant is unlikely to adhere, for any reason, to the Standards & Requirements.

Appears in 1 contract

Samples: Membership Agreement

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