Common use of Obligations of the Client Clause in Contracts

Obligations of the Client. (1) The Client shall provide all information necessary for CWW to provide the Services and to comply with all applicable regulations. (2) The Client will provide to CWW full details of the Goods, the value of the Goods, the dimensions and weight of the parcels. (3) The Client will be responsible for providing all the necessary paperwork, including customs pre-clearance, payment of VAT, tax/duty and other taxes and fully complying with all import and export laws and clearance requirements. The requisite documents must be available when CWW collects the Goods. (4) The Client will ensure that the Goods are packaged appropriately for transport. CWW reserves the right to inspect the Goods for security screening, which could include the use of X-ray, explosive trace detection and other security screening methods and the Client accepts that the package containing the Goods may be opened and the contents of the package may be examined at any time. (5) The Client declares that it has prepared the Goods for carriage and the performance of the Services by CWW in secure premises using reliable staff and that the package containing the Goods has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to the acceptance for carriage by CWW. (6) The Client must ensure and certify to CWW that the Goods do not contain a Prohibited or Dangerous Item or Goods forbidden for transport by air as defined in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the operating air carrier’s as defined in the regulations of ICAO regulations or other national or international regulations that govern aviation security. (7) The Client has taken all reasonable precautions to comply with all conventions, directives and legislation relating to the protection of personal data, including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or mis-delivery of the Goods. (8) The Client is responsible at its own expense for determining export and import licensing or permit requirements for the shipment of the Goods, including obtaining any required licenses or permits. (9) The Client warrants that it will not furnish to CWW any Goods for the Services which may breach of any applicable laws or regulations, and that neither the Goods nor the Client nor any of the parties involved in the shipment of the Goods are listed on any of the United Kingdom, European Union, or United Nations or United States of America sanction lists. (10) The Client certifies that all statements and information it provides relating to the exportation and importation of the Goods will be true and correct. (11) The Client acknowledges that in the event that it has made untrue or fraudulent statements about the Goods, it risks a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale of the Goods. To the extent that CWW may voluntarily assist in completing any customs or other formalities, such assistance will be given at the sole risk of the Client. (12) The Client will indemnify and hold CWW harmless from any claims costs, liabilities, expenses, fines, penalties, charges and damages which may be incurred by which may be brought against CWW arising from the information that the Client has provided to CWW and any costs that CWW may incur regarding this and will also pay any administration fees CWW may charge for providing the Services described in this condition. (13) The Client will pay any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses that CWW may incur as a result of the actions of customs or other governmental authorities or the Client’s failure and/or the recipient’s failure to provide proper documentation and/or to obtain the required licenses or permits will be charged to the Client and the Client shall defend and indemnify and keep indemnified CWW, its officers, employees, agents and sub-contractors against any and all costs damages, liabilities, fines, penalties, duties, taxes, charges or expense whatsoever incurred by CWW in respect of the carriage of any Goods. CWW’s right to a defense is separate and apart from its right to indemnification. (14) The Client acknowledges that CWW shall have the right to open and inspect the Goods if necessary.

Appears in 1 contract

Samples: Cap Worldwide Hand Carry Terms and Conditions

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Obligations of the Client. (1) It is a condition of these Certification Agreement & Rules that all OTABU certificated clients should, if requested or not requested, allow Accreditation Board auditors to witness with or without OTABU’ staff members & carrying out their audits as well as verify and review the clients’ documents. Failure to allow this could jeopardize the client's registration. The legally enforceable arrangements shall also require that the certified client informs the Certification Body, without delay, of the occurrence of a serious incident or breach of regulation necessitating the involvement of the competent regulatory authority as well as provide safe environment to the audit team at the time of any type of audit through CB or AB. The Client agrees to make available to OTABU, all documents, and other information required by OTABU to complete the audit program. The Client shall provide ensure that all necessary access, assistance, information necessary for CWW and facilities are made available to provide OTABU when required, including the Services assistance of competent and to comply with all applicable regulations. (2) authorized personnel of the Client. The Client will shall, in addition, provide to CWW full details OTABU, free of charge, suitable space for meeting. Before the Goodscertification audit, the value OGS have to ask the client to report if any ISMS related information (such as ISMS records or information about design and effectiveness of controls) cannot be made available for review by the Goodsaudit team because it contains confidential or sensitive information. OGS will determine whether the ISMS can be adequately audited in the absence of such information. If the OGS concludes that it is not possible to adequately audit the ISMS without reviewing the identified confidential or sensitive information, it has to advise the dimensions and weight of client that the parcels. (3) certification audit cannot take place until appropriate access arrangements are granted. The Client will be responsible for providing all the necessary paperwork, including customs pre-clearance, payment of VAT, tax/duty and other taxes and fully complying shall appoint a designated person who is authorized to maintain contact with all import and export laws and clearance requirements. The requisite documents must be available when CWW collects the Goods. (4) OTABU The Client will ensure that the Goods are packaged appropriately shall give access to all sites for transport. CWW reserves maintenance audit purposes whenever deemed necessary, and OTABU shall reserve the right to inspect make unannounced visits as required Information on incidents such as a serious accident, or a serious breach of regulation necessitating the Goods involvement of the competent regulatory authority, provided by the certified client (see G 8.5.3) or directly gathered by the audit team during the special audit, (G 9.6.4.2) shall provide grounds for security screeningthe Certification Body to decide on the actions to be taken, which including a suspension or withdrawal of the certification, in cases where it can be demonstrated that the system seriously failed to meet the OH&S certification requirements. Such requirements shall be part of the contractual agreements between the CAB and the organization (As per IAF MD 22:2019) A Client may advertise that its management system has been registered and may apply the relevant registration mark to stationery and publicity materials relating to the scope of registration as provided. The Client may not apply such mark in relation to its products. The Client shall ensure that no confusion arises between registered and non-registered systems, products or sites in its publications and advertising material. The Client shall not make any claim that could include mislead third parties to believe that certain systems, products or sites have been registered when they have not A Client who has been authorized to use a registration mark must also comply with the Regulations governing the use of Xthe mark of OTBAU/Accreditation Board Improper use of a registration mark shall be a serious non-rayconformance The Certificate & Registration Xxxx will remain the property of OTABU, explosive trace detection and other security screening methods and the Client accepts that the package containing the Goods may only be opened and the contents of the package may be examined at any time. (5) The Client declares that it has prepared the Goods for carriage and the performance of the Services by CWW in secure premises using reliable staff and that the package containing the Goods has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to the acceptance for carriage by CWW. (6) The Client must ensure and certify to CWW that the Goods do not contain a Prohibited copied or Dangerous Item or Goods forbidden for transport by air as defined in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the operating air carrier’s as defined in the regulations of ICAO regulations or other national or international regulations that govern aviation security. (7) The Client has taken all reasonable precautions to comply with all conventions, directives and legislation relating to the protection of personal data, including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or mis-delivery of the Goods. (8) The Client is responsible at its own expense for determining export and import licensing or permit requirements reproduced for the shipment benefit of a third party if the Goods, including obtaining word “copy” is marked thereon and when needed need to return back or give declaration to not used such mark and certificate in any required licenses use of Company related activities or permitspromotion. (9) The Client warrants that it will not furnish to CWW any Goods for the Services which may breach of any applicable laws or regulations, and that neither the Goods nor the Client nor any of the parties involved in the shipment of the Goods are listed on any of the United Kingdom, European Union, or United Nations or United States of America sanction lists. (10) The Client certifies that all statements and information it provides relating to the exportation and importation of the Goods will be true and correct. (11) The Client acknowledges that in the event that it has made untrue or fraudulent statements about the Goods, it risks a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale of the Goods. To the extent that CWW may voluntarily assist in completing any customs or other formalities, such assistance will be given at the sole risk of the Client. (12) The Client will indemnify and hold CWW harmless from any claims costs, liabilities, expenses, fines, penalties, charges and damages which may be incurred by which may be brought against CWW arising from the information that the Client has provided to CWW and any costs that CWW may incur regarding this and will also pay any administration fees CWW may charge for providing the Services described in this condition. (13) The Client will pay any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses that CWW may incur as a result of the actions of customs or other governmental authorities or the Client’s failure and/or the recipient’s failure to provide proper documentation and/or to obtain the required licenses or permits will be charged to the Client and the Client shall defend and indemnify and keep indemnified CWW, its officers, employees, agents and sub-contractors against any and all costs damages, liabilities, fines, penalties, duties, taxes, charges or expense whatsoever incurred by CWW in respect of the carriage of any Goods. CWW’s right to a defense is separate and apart from its right to indemnification. (14) The Client acknowledges that CWW shall have the right to open and inspect the Goods if necessary.

Appears in 1 contract

Samples: Certification Agreement

Obligations of the Client. (1) It is a condition of these Certification Agreement & Rules that all FSS certificated clients should, if requested or not requested, allow Accreditation Board auditors to witness with or without FSS’ staff members & carrying out their audits as well as verify and review the clients’ documents. Failure to allow this could jeopardize the client's registration. The legally enforceable arrangements shall also require that the certified client informs the Certification Body, without delay, of the occurrence of a serious incident or breach of regulation necessitating the involvement of the competent regulatory authority as well as provide safe environment to the audit team at the time of any type of audit through CB or AB. The Client agrees to make available to FSS, all documents, and other information required by FSS to complete the audit program. The Client shall provide ensure that all necessary access, assistance, information necessary for CWW and facilities are made available to provide FSS when required, including the Services assistance of competent and to comply with all applicable regulations. (2) authorized personnel of the Client. The Client will shall, in addition, provide to CWW full details FSS, free of the Goodscharge, the value of the Goods, the dimensions and weight of the parcels. (3) suitable space for meeting. The Client will be responsible for providing all the necessary paperwork, including customs pre-clearance, payment of VAT, tax/duty and other taxes and fully complying shall appoint a designated person who is authorized to maintain contact with all import and export laws and clearance requirements. The requisite documents must be available when CWW collects the Goods. (4) FSS The Client will ensure that the Goods are packaged appropriately shall give access to all sites for transport. CWW reserves maintenance audit purposes whenever deemed necessary, and FSS shall reserve the right to inspect make unannounced visits as required A Client may advertise that its management system has been registered and may apply the Goods for security screeningrelevant registration mark to stationery and publicity materials relating to the scope of registration as provided. The Client may not apply such mark in relation to its products. The Client shall ensure that no confusion arises between registered and non-registered systems, which products or sites in its publications and advertising material. The Client shall not make any claim that could include mislead third parties to believe that certain systems, products or sites have been registered when they have not A Client who has been authorized to use a registration mark must also comply with the Regulations governing the use of Xthe mark of FSS/Accreditation Board Improper use of a registration mark shall be a serious non-rayconformance The Certificate & Registration Xxxx will remain the property of FSS, explosive trace detection and other security screening methods and the Client accepts that the package containing the Goods may only be opened and the contents of the package may be examined at any time. (5) The Client declares that it has prepared the Goods for carriage and the performance of the Services by CWW in secure premises using reliable staff and that the package containing the Goods has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to the acceptance for carriage by CWW. (6) The Client must ensure and certify to CWW that the Goods do not contain a Prohibited copied or Dangerous Item or Goods forbidden for transport by air as defined in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the operating air carrier’s as defined in the regulations of ICAO regulations or other national or international regulations that govern aviation security. (7) The Client has taken all reasonable precautions to comply with all conventions, directives and legislation relating to the protection of personal data, including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or mis-delivery of the Goods. (8) The Client is responsible at its own expense for determining export and import licensing or permit requirements reproduced for the shipment benefit of a third party if the Goods, including obtaining word “copy” is marked thereon and when needed need to return back or give declaration to not used such mark and certificate in any required licenses use of Company related activities or permitspromotion. (9) The Client warrants that it will not furnish to CWW any Goods for the Services which may breach of any applicable laws or regulations, and that neither the Goods nor the Client nor any of the parties involved in the shipment of the Goods are listed on any of the United Kingdom, European Union, or United Nations or United States of America sanction lists. (10) The Client certifies that all statements and information it provides relating to the exportation and importation of the Goods will be true and correct. (11) The Client acknowledges that in the event that it has made untrue or fraudulent statements about the Goods, it risks a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale of the Goods. To the extent that CWW may voluntarily assist in completing any customs or other formalities, such assistance will be given at the sole risk of the Client. (12) The Client will indemnify and hold CWW harmless from any claims costs, liabilities, expenses, fines, penalties, charges and damages which may be incurred by which may be brought against CWW arising from the information that the Client has provided to CWW and any costs that CWW may incur regarding this and will also pay any administration fees CWW may charge for providing the Services described in this condition. (13) The Client will pay any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses that CWW may incur as a result of the actions of customs or other governmental authorities or the Client’s failure and/or the recipient’s failure to provide proper documentation and/or to obtain the required licenses or permits will be charged to the Client and the Client shall defend and indemnify and keep indemnified CWW, its officers, employees, agents and sub-contractors against any and all costs damages, liabilities, fines, penalties, duties, taxes, charges or expense whatsoever incurred by CWW in respect of the carriage of any Goods. CWW’s right to a defense is separate and apart from its right to indemnification. (14) The Client acknowledges that CWW shall have the right to open and inspect the Goods if necessary.

Appears in 1 contract

Samples: Certification Agreement

Obligations of the Client. (1) It is a condition of these Certification Agreement & Rules that all OTABU certificated clients should, if requested or not requested, allow Accreditation Board auditors to witness with or without OTABU’ staff members & carrying out their audits as well as verify and review the clients’ documents. Failure to allow this could jeopardize the client's registration. The legally enforceable arrangements shall also require that the certified client informs the Certification Body, without delay, of the occurrence of a serious incident or breach of regulation necessitating the involvement of the competent regulatory authority as well as provide safe environment to the audit team at the time of any type of audit through CB or AB. The Client agrees to make available to OTABU, all documents, and other information required by OTABU to complete the audit program. The Client shall provide ensure that all necessary access, assistance, information necessary for CWW and facilities are made available to provide OTABU when required, including the Services assistance of competent and to comply with all applicable regulations. (2) authorized personnel of the Client. The Client will shall, in addition, provide to CWW full details OTABU, free of charge, suitable space for meeting. Before the Goodscertification audit, the value OGS have to ask the client to report if any ISMS related information (such as ISMS records or information about design and effectiveness of controls) cannot be made available for review by the Goodsaudit team because it contains confidential or sensitive information. OGS will determine whether the ISMS can be adequately audited in the absence of such information. If the OGS concludes that it is not possible to adequately audit the ISMS without reviewing the identified confidential or sensitive information, it has to advise the dimensions and weight of client that the parcels. (3) certification audit cannot take place until appropriate access arrangements are granted. The Client will shall appoint a designated person who is authorized to maintain contact with OTABU The Client shall give access to all sites for maintenance audit purposes whenever deemed necessary, and OTABU shall reserve the right to make unannounced visits as required Multi-Site –Clients applying for ‘Multi-Site’ registration on a sampling basis shall ensure that each work location must be responsible for providing all performing substantially the necessary paperworksame type of business, including customs pre-clearance, payment and the entire range of VAT, tax/duty and other taxes and fully complying with all import and export laws and clearance requirementsproducts or services supplied by each location must be included in the scope of certification. The requisite documents must range of services or products to be available when CWW collects covered by the Goods. (4) The Client will ensure that the Goods are packaged appropriately for transport. CWW certification should be of a non-complex nature and OTABU reserves the right to inspect not accept applications that are not appropriate for certification on a sampling basis. The organization must have one appointed Management Representative with overall responsibility for maintenance of the Goods quality system. The organization must have a defined and controlled Quality Policy such that it is applicable to all sections of the organization that are included in the proposed scope of certification. The quality system must be centrally managed and uniform across all work locations covered by the proposed scope of certification. As a minimum requirement, the following elements of the quality system must be centrally managed: management review, internal quality audits, corrective and preventive action, changes to the quality system documentation, data and structure. All work locations to be included in the scope of certification must be owned by the organization and be an integral part of the organization’s management structure. Information on incidents such as a serious accident, or a serious breach of regulation necessitating the involvement of the competent regulatory authority, provided by the certified client (see G 8.5.3) or directly gathered by the audit team during the special audit, (G 9.6.4.2) shall provide grounds for security screeningthe Certification Body to decide on the actions to be taken, which including a suspension or withdrawal of the certification, in cases where it can be demonstrated that the system seriously failed to meet the OH&S certification requirements. Such requirements shall be part of the contractual agreements between the CAB and the organization (As per IAF MD 22:2019) A Client may advertise that its management system has been registered and may apply the relevant registration xxxx to stationery and publicity materials relating to the scope of registration as provided. The Client may not apply such xxxx in relation to its products. The Client shall ensure that no confusion arises between registered and non-registered systems, products or sites in its publications and advertising material. The Client shall not make any claim that could include mislead third parties to believe that certain systems, products or sites have been registered when they have not A Client who has been authorized to use a registration xxxx must also comply with the Regulations governing the use of Xthe xxxx of OTBAU/Accreditation Board Improper use of a registration xxxx shall be a serious non-rayconformance The Certificate & Registration Xxxx will remain the property of OTABU, explosive trace detection and other security screening methods and the Client accepts that the package containing the Goods may only be opened and the contents of the package may be examined at any time. (5) The Client declares that it has prepared the Goods for carriage and the performance of the Services by CWW in secure premises using reliable staff and that the package containing the Goods has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to the acceptance for carriage by CWW. (6) The Client must ensure and certify to CWW that the Goods do not contain a Prohibited copied or Dangerous Item or Goods forbidden for transport by air as defined in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the operating air carrier’s as defined in the regulations of ICAO regulations or other national or international regulations that govern aviation security. (7) The Client has taken all reasonable precautions to comply with all conventions, directives and legislation relating to the protection of personal data, including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or mis-delivery of the Goods. (8) The Client is responsible at its own expense for determining export and import licensing or permit requirements reproduced for the shipment benefit of a third party if the Goods, including obtaining word “copy” is marked thereon and when needed need to return back or give declaration to not used such xxxx and certificate in any required licenses use of Company related activities or permitspromotion. (9) The Client warrants that it will not furnish to CWW any Goods for the Services which may breach of any applicable laws or regulations, and that neither the Goods nor the Client nor any of the parties involved in the shipment of the Goods are listed on any of the United Kingdom, European Union, or United Nations or United States of America sanction lists. (10) The Client certifies that all statements and information it provides relating to the exportation and importation of the Goods will be true and correct. (11) The Client acknowledges that in the event that it has made untrue or fraudulent statements about the Goods, it risks a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale of the Goods. To the extent that CWW may voluntarily assist in completing any customs or other formalities, such assistance will be given at the sole risk of the Client. (12) The Client will indemnify and hold CWW harmless from any claims costs, liabilities, expenses, fines, penalties, charges and damages which may be incurred by which may be brought against CWW arising from the information that the Client has provided to CWW and any costs that CWW may incur regarding this and will also pay any administration fees CWW may charge for providing the Services described in this condition. (13) The Client will pay any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses that CWW may incur as a result of the actions of customs or other governmental authorities or the Client’s failure and/or the recipient’s failure to provide proper documentation and/or to obtain the required licenses or permits will be charged to the Client and the Client shall defend and indemnify and keep indemnified CWW, its officers, employees, agents and sub-contractors against any and all costs damages, liabilities, fines, penalties, duties, taxes, charges or expense whatsoever incurred by CWW in respect of the carriage of any Goods. CWW’s right to a defense is separate and apart from its right to indemnification. (14) The Client acknowledges that CWW shall have the right to open and inspect the Goods if necessary.

Appears in 1 contract

Samples: Certification Agreement

Obligations of the Client. (1) 4.1 The Client shall provide ensure that all information necessary for CWW product samples if any, access, assistance, information, records, documentation and facilities are made available to provide the Services and to comply with all applicable regulations. (2) The Client will provide to CWW full details of the Goods, the value of the Goods, the dimensions and weight of the parcels. (3) The Client will be responsible for providing all the necessary paperworkTÜV SÜD when required by TÜV SÜD, including customs pre-clearance, payment the assistance of VAT, tax/duty and other taxes and fully complying with all import and export laws and clearance requirements. The requisite documents must be available when CWW collects the Goods. (4) The Client will ensure that the Goods are packaged appropriately for transport. CWW reserves the right to inspect the Goods for security screening, which could include the use of X-ray, explosive trace detection and other security screening methods and the Client accepts that the package containing the Goods may be opened and the contents of the package may be examined at any time. (5) The Client declares that it has prepared the Goods for carriage and the performance of the Services by CWW in secure premises using reliable staff and that the package containing the Goods has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to the acceptance for carriage by CWW. (6) The Client must ensure and certify to CWW that the Goods do not contain a Prohibited or Dangerous Item or Goods forbidden for transport by air as defined in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the operating air carrier’s as defined in the regulations of ICAO regulations or other national or international regulations that govern aviation security. (7) The Client has taken all reasonable precautions to comply with all conventions, directives and legislation relating to the protection of personal data, including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or mis-delivery of the Goods. (8) The Client is responsible at its own expense for determining export and import licensing or permit requirements for the shipment of the Goods, including obtaining any required licenses or permits. (9) The Client warrants that it will not furnish to CWW any Goods for the Services which may breach of any applicable laws or regulations, and that neither the Goods nor the Client nor any of the parties involved in the shipment of the Goods are listed on any of the United Kingdom, European Union, or United Nations or United States of America sanction lists. (10) The Client certifies that all statements and information it provides relating to the exportation and importation of the Goods will be true and correct. (11) The Client acknowledges that in the event that it has made untrue or fraudulent statements about the Goods, it risks a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale of the Goods. To the extent that CWW may voluntarily assist in completing any customs or other formalities, such assistance will be given at the sole risk authorized personnel of the Client. (12) 4.2 So far as it is permitted by law, the Client acknowledges that, it has not been induced to enter into the Contract in reliance upon, nor has it given, any warranty, representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in these General Conditions and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto. 4.3 The Client will indemnify shall take all necessary steps to eliminate or remedy any obstacles or interruptions in the performance of the Services. 4.4 In order to allow TÜV SÜD to comply with the applicable health and hold CWW harmless from any claims costssafety legislation the Client shall provide TÜV SÜD with all available information regarding known or potential hazards likely to be encountered by TÜV SÜD personnel during their visits. TÜV SÜD shall take all reasonable steps to ensure that whilst on the Client’s premises, liabilitiesits personnel comply with all health and safety regulations of the Client, expenses, fines, penalties, charges and damages which may be incurred by which may be brought against CWW arising from the information provided that the Client has provided to CWW and any costs that CWW may incur regarding this and will also pay any administration fees CWW may charge for providing makes TÜV SÜD aware of the Services described in this conditionsame. (13) 4.5 The Client will pay any customs duties, taxes (including but shall not limited to VAT if applicable), penalties, storage charges or other expenses that CWW may incur as a result publicize details of the actions of customs way in which TÜV SÜD performs, conducts or other governmental authorities or the Client’s failure and/or the recipient’s failure to provide proper documentation and/or to obtain the required licenses or permits will be charged to the Client and the executes its operations. 4.6 The Client shall defend and indemnify and keep indemnified CWW, its officers, employees, agents and sub-contractors against immediately inform TÜV SÜD of any and all costs damageschanges in their premises which may affect their management system, liabilitiestheir service their products, finestheir process or their skills. Even non conformity identified during internal audit has to be informed failing which withdrawal of certificate shall follow. Information on incidents such as a serious accident, penalties, duties, taxes, charges or expense whatsoever incurred by CWW in respect a serious breach of regulation necessitating the involvement of the carriage competent regulatory authority, provided by the certified client or directly gathered by the audit team during the special audit, shall provide grounds for the Certification Body to decide on the actions to be taken, including a suspension or withdrawal of any Goods. CWW’s right the certification, in cases where it can be demonstrated that the system seriously failed to a defense is separate and apart from its right to indemnificationmeet the OH&S certification requirements. (14) The Client acknowledges that CWW shall have the right to open and inspect the Goods if necessary.

Appears in 1 contract

Samples: Standard Terms and Conditions

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Obligations of the Client. (1) 4.1 The Client shall ensure that all product samples, access, assistance, information, records, documentation and facilities are made available to CFE when required by CFE, including the assistance of properly qualified, briefed and authorized personnel of the Client. The Client shall in addition provide all information necessary CFE free of charge suitable space for CWW to provide the Services and to comply with all applicable regulationsconducting meetings. (2) The Client will provide to CWW full details of the Goods4.2 As far as it is permitted by law, the value Client acknowledges that, it has not been induced to enter into the Contract in reliance upon, nor has it been given, any warranty, representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in these General Conditions and, to the Goods, the dimensions and weight of the parcels. (3) The Client will be responsible for providing all the necessary paperwork, including customs pre-clearance, payment of VAT, tax/duty and other taxes and fully complying with all import and export laws and clearance requirements. The requisite documents must be available when CWW collects the Goods. (4) The Client will ensure that the Goods are packaged appropriately for transport. CWW reserves the right to inspect the Goods for security screening, which could include the use of X-ray, explosive trace detection and other security screening methods and the Client accepts that the package containing the Goods may be opened and the contents of the package may be examined at any time. (5) The Client declares extent that it has prepared been it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto. Any conditions or stipulations included in the Goods for carriage and Client standard form documents which are inconsistent with, or which purport to modify or add to, these General Conditions shall have no effect unless expressly accepted in writing by CFE. 4.3 The Client shall take all necessary steps to eliminate or remedy any obstacles to or interruptions in the performance of the Services by CWW in secure premises using reliable staff and that the package containing the Goods has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to the acceptance for carriage by CWWServices. (6) The Client must ensure and certify 4.4 In order to CWW that the Goods do not contain a Prohibited or Dangerous Item or Goods forbidden for transport by air as defined in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the operating air carrier’s as defined in the regulations of ICAO regulations or other national or international regulations that govern aviation security. (7) The Client has taken all reasonable precautions allow CFE to comply with the applicable health and safety legislation, the Client shall provide CFE with all conventions, directives available information and legislation relating required personal protective equipment to the protection of personal dataaudit team as appropriate, including if practicable encryption of the personal data regarding known or potential hazards likely to be encountered by CFE personnel during their visits. CFE shall take all reasonable steps to ensure that whilst on the Client’s premises, its personnel comply with all health and safety of the personal data in the event of loss or mis-delivery of the Goods. (8) The Client is responsible at its own expense for determining export and import licensing or permit requirements for the shipment of the Goods, including obtaining any required licenses or permits. (9) The Client warrants that it will not furnish to CWW any Goods for the Services which may breach of any applicable laws or regulations, and that neither the Goods nor the Client nor any of the parties involved in the shipment of the Goods are listed on any of the United Kingdom, European Union, or United Nations or United States of America sanction lists. (10) The Client certifies that all statements and information it provides relating to the exportation and importation of the Goods will be true and correct. (11) The Client acknowledges that in the event that it has made untrue or fraudulent statements about the Goods, it risks a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale of the Goods. To the extent that CWW may voluntarily assist in completing any customs or other formalities, such assistance will be given at the sole risk regulations of the Client. (12) The Client will indemnify and hold CWW harmless from any claims costs, liabilities, expenses, fines, penalties, charges and damages which may be incurred by which may be brought against CWW arising from the information provided that the Client has provided to CWW and any costs that CWW may incur regarding this and will also pay any administration fees CWW may charge for providing makes CFE aware of the Services described in this conditionsame. (13) 4.5 The Client will pay may only reproduce or publish extracts of any customs duties, taxes (including but report of CFE if the name of CFE does not limited appear in any way or the Client has obtained the prior written authorization of CFE. CFE reserves its rights to VAT if applicable), penalties, storage charges lodge a complaint in case of disclosure in breach of this clause or other expenses that CWW may incur as a result disclosure which CFE considers in its sole discretion is abusive. The Client shall not publicize details of the actions of customs way in which CFE performs, conducts or other governmental authorities or the Client’s failure and/or the recipient’s failure to provide proper documentation and/or to obtain the required licenses or permits will be charged to the Client and the executes its operations. 4.6 The Client shall defend and indemnify and keep indemnified CWW, its officers, employees, agents and sub-contractors against immediately inform CFE of any and all costs damageschanges in their premises which may affect their management system, liabilitiestheir service, finestheir products, penalties, duties, taxes, charges their process or expense whatsoever incurred by CWW in respect their skills. Any breach of this obligation to inform may lead to the withdrawal of the carriage Certificate. Furthermore, the Client is bound to inform CFE of any Goods. CWW’s right to a defense is separate and apart from major nonconformity identified during internal audits undertaken by the Client, its right to indemnificationpartners or public authorities. (14) The Client acknowledges that CWW shall have the right to open and inspect the Goods if necessary.

Appears in 1 contract

Samples: General Conditions of Certification Services

Obligations of the Client. (1) 4.1. The Client agrees to comply with any conditions set by Xxxxx Xxx for the issue of a Certificate and recognises that Vireo Srl has clear and explicit rights to revise the requirements of certification within the period of validity of the certificate. 4.2. The Client consents to Vireo Srl using outsourced resources in the delivery of its obligations appertaining to this Contract. 4.3. The Client shall declare to Vireo Srl any activity which may create a conflict of interest in relation to its Certified System. 4.4. The Client shall provide of all necessary information necessary and arrangements for CWW the certification audit process and allow the access to provide the Services client’s premises, personnel and records for the purpose of audit. The Client shall also allow the accreditation body independent access to comply certificate holder premises including access to confidential information. 4.5. The Client consents to Vireo Srl to access to its suppliers and outsourcers premises for the purpose of audit. Moreover, the client shall: 4.6. Conform with all applicable regulationscertification requirements. In case of group certification, the group manager shall commit also to certification requirements for group certification. (2) 4.7. Conform with any conditions set by the certification body for granting or maintaining certification, including implementing appropriate changes when they are communicated by the certification body. 4.8. Agree to the conduct of evaluations at the required intervals, including the certification body’s right to carry out unannounced/short notice audits or additional on-site audit for verifying that major nonconformities have been corrected; unannounced or short notice audits may be carried out according to the following criteria and conditions: • The Client will provide certification body receives continuous complaints related to CWW full details a certificate holder that can’t find a satisfactory solution by using the appeal and complaints procedure. • The certification body has evidences of infringements of standards by a certificate holder. • The certification body receives a request for a short notice or unannounced audits. 4.9. Agree to witness audits of the Goodsaccreditation body. 4.10. Agree, that GSTC have the right to conduct an extra assessment in addition to the GSTC Surveillance Assessment Program to investigate incidents and/or complaints or the outcomes of consecutive assessments or under other circumstances as deemed necessary by GSTC. 4.11. Agree, that GSTC have the right to conduct unannounced assessments outside of its Surveillance Assessment program in order to address heightened risk or allegations of serious violations or negligence of GSTC Accreditation Requirements. 4.12. Agree, that specified information is published, as indicated in the applicable GSTC normative documents. 4.13. Consider the participation of observers. 4.14. Xxxxx, that a complaint is first handled according to the certification body’s dispute resolution procedure and if not resolved referred to the accreditation body and ultimately to GSTC. 4.15. Make claims regarding certification consistent with the scope of certification and not make any claims of conformity (or near conformity) with GSTC certification requirements until and unless certification is granted. 4.16. Not imply that the certification applies to activities and sites that are outside the scope of certification. 4.17. Not use its certification in such a manner as to bring the certification body, GSTC or the accreditation body into disrepute and lose public trust and not make or permit any statement regarding its certification that may be considered misleading or unauthorised. 4.18. Not use or permit the use of its certification document or any part thereof in a misleading manner. 4.19. Keep a record of all complaints relating to conformity with certification requirements and make these records available to the certification body when requested. Client must also: a) take appropriate action with respect to such complaints and any deficiencies found in the system that affect conformity with GSTC certification requirements b) document the actions taken c) make all necessary arrangements for investigation of complaints. 4.20. Inform the certification body within ten (10) days of changes in the ownership, structure of the organization (e.g. changes in key managerial staff), certified management systems or circumstances which relate to the implementation of GSTC certification requirements. For multi site organization inform any changes in the sites, including the closure of any of the sites. For group organization, the value group manager shall report annually to the CB, including on relevant changes in the group’s production and management practices, and provide comments and actions regarding any shortcomings in the system. 4.21. Agree, that in case of reduction, suspension or withdrawal of the Goodsscope of the certification body’s GSTC accreditation, the dimensions and weight certification of the parcelsaffected clients will be suspended within six (6) months after the date of reduction, suspension or withdrawal of the respective scope of GSTC accreditation. 4.22. Agree, that the certification body has the right to delay or postpone its decision on certification, in order to take account of new or additional information which has not already been considered in its audit report and which, in the opinion of the certification body, could affect the outcome of its evaluation. 4.23. Agree, that the certification body shall not be obliged to grant, maintain or agree certification, in a situation where, in the sole opinion of the certification body, reflects badly on the good name of the certification body. 4.24. Agree, that the certification body and GSTC have the right to revise the requirements of certification within the period of validity of the certification, including the revision of costs and fees. 4.25. Agree, that the certification body, GSTC and the accreditation body have the right to access confidential information, examine documentation deemed necessary, and access to the relevant equipment, location(s), area(s), personnel, and bodies providing outsourced services to clients. 4.26. Agree, that the certification body has the right to use information which is brought to its attention, to follow up on misuses of the GSTC trademarks and of the intellectual property rights held by GSTC. 4.27. Agree to use the GSTC Tick Logo in accordance with the GSTC-Tick Logo terms and conditions. 4.28. Acknowledge the title of the GSTC’s intellectual property rights and that GSTC retains full ownership of the intellectual property rights and that nothing shall be deemed to constitute a right for the client to use or cause to be used any of the intellectual property rights. 4.29. Agree, that the certification body has the right to suspend and/or withdraw its certification with immediate effect if, in the sole opinion of the certification body, the client is not in conformity with the conditions specified for the maintenance of certification. 4.30. Agree to provide copies of the certification documents to others, reproduced in their entirety or as specified in the certification scheme, if applicable. 4.31. Meet the following obligations on suspension or withdrawal of certification: a) immediately cease to make any use of any GSTC trademarks, or to make any claims that imply that they conform with the requirements for certification b) identify all existing stakeholders, inform those stakeholders of the suspension or withdrawal in writing within three (3) The Client will be responsible for providing all days of the necessary paperworksuspension or withdrawal, including customs pre-clearance, payment of VAT, tax/duty and other taxes maintain records c) cooperate with the certification body and fully complying with all import and export laws and clearance requirements. The requisite documents must be available when CWW collects GSTC in order to allow the Goodscertification body or GSTC to confirm that these obligations have been met. (44.32. Meet the following additional obligations on withdrawal of certification: a) The Client will ensure that return the Goods are packaged appropriately for transport. CWW reserves the right to inspect the Goods for security screening, which could include the use of X-ray, explosive trace detection and other security screening methods and the Client accepts that the package containing the Goods may be opened and the contents of the package may be examined at any time. (5) The Client declares that it has prepared the Goods for carriage and the performance of the Services by CWW in secure premises using reliable staff and that the package containing the Goods has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior certificate to the acceptance for carriage by CWW. (6certification body or destroy the original, and commit to destroy any electronic copies and printed copies in their possession b) The Client must ensure and certify to CWW that the Goods do not contain a Prohibited or Dangerous Item or Goods forbidden for transport by air as defined in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the operating air carrier’s as defined in the regulations of ICAO regulations or other national or international regulations that govern aviation security. (7) The Client has taken all reasonable precautions to comply with all conventions, directives and legislation relating to the protection of personal data, including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or mis-delivery of the Goods. (8) The Client is responsible at its own expense for determining export and import licensing remove all uses of GSTC’s name, initials, logo, certification mark or permit requirements for trademarks from its documents, advertising or marketing materials. 4.33. Correctly communicate the shipment meaning of the Goodscertification, including obtaining avoiding misleading claims and withdrawing reference to certification following any required licenses or permits. (9) The Client warrants that it will not furnish to CWW any Goods for the Services which may breach of any applicable laws or regulations, and that neither the Goods nor the Client nor any of the parties involved in the shipment of the Goods are listed on any of the United Kingdom, European Union, or United Nations or United States of America sanction lists. (10) The Client certifies that all statements and information it provides relating to the exportation and importation of the Goods will be true and correct. (11) The Client acknowledges that in the event that it has made untrue or fraudulent statements about the Goods, it risks a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale of the Goods. To the extent that CWW may voluntarily assist in completing any customs or other formalities, such assistance will be given at the sole risk of the Client. (12) The Client will indemnify and hold CWW harmless from any claims costs, liabilities, expenses, fines, penalties, charges and damages which may be incurred by which may be brought against CWW arising from the information that the Client has provided to CWW and any costs that CWW may incur regarding this and will also pay any administration fees CWW may charge for providing the Services described in this condition. (13) The Client will pay any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses that CWW may incur as a result of the actions of customs or other governmental authorities or the Client’s failure and/or the recipient’s failure to provide proper documentation and/or to obtain the required licenses or permits will be charged to the Client and the Client shall defend and indemnify and keep indemnified CWW, its officers, employees, agents and sub-contractors against any and all costs damages, liabilities, fines, penalties, duties, taxes, charges or expense whatsoever incurred by CWW in respect of the carriage of any Goods. CWW’s right to a defense is separate and apart from its right to indemnification. (14) The Client acknowledges that CWW shall have the right to open and inspect the Goods if necessary.termination;

Appears in 1 contract

Samples: Partnership Agreement

Obligations of the Client. (13.1 The client agrees to ensure that their management system is fully functional and has been implemented for a minimum of 3 months, including but not limited to a) a full internal audit cycle, b) completion of at least one complete Management Review Meeting prior to the registration audit. 3.2 The Client understands and agrees that IB&C may use employed or subcontracted auditors to perform their audit activities. 3.3 In order to obtain and maintain registration Clients must adhere to the following requirements: 3.3.1.1 The Client agrees to make available to IB&C, all documents, and other information required by IB&C to complete the audit program. The Client shall ensure that all necessary access, assistance, information and facilities are made available to International Benchmarking & Certificationswhen required, including the assistance of competent and authorized personnel of the Client. The Client shall, in addition, provide IB&C, free of charge, suitable space for meetings. 3.3.1.2 The Client shall appoint a designated person who is authorized to maintain contact with IB&C. 3.3.1.3 The Client shall give access to all sites for maintenance audit purposes whenever deemed necessary, and IB&C shall reserve the right to make unannounced visits as required. 3.3.1.4 The Client shall provide access to Accreditation Board (ACCREDIATION BOARD) audit teams accompanying IB&C auditors for the purpose of witnessing IB&C’s audit team. Note: Where a Client refuses access to an Accreditation Board witness team IB&C is duty bound to advise Accreditation Board accordingly. Where Accreditation Board witness is refused IB&C may not issue an Accreditation Board accredited certificate. Where Client already holds an Accreditation Board certificate it will be withdrawn. 3.3.1.5 The Client shall maintain a register recording all information necessary customer complaints relating to those products, processes or services covered by the Certificate and make this available to IB&C on request. 3.3.1.6 Multi-Site – Clients applying for CWW ‘Multi-Site’ registration on a sampling basis shall ensure that each work location must be performing substantially the same type of business, and the entire range of products or services supplied by each location must be included in the scope of certification. The range of services or products to provide be covered by the Services certification should be of a non-complex nature and IB&C reserves the right to not accept applications that are not appropriate for certification on a sampling basis. The organization must have one appointed Management Representative with overall responsibility for maintenance of the quality system. The organization must have a defined and controlled Quality Policy such that it is applicable to all sections of the organization that are included in the proposed scope of certification. The quality system must be centrally managed and uniform across all work locations covered by the proposed scope of certification. As a minimum requirement, the following elements of the quality system must be centrally managed: management review, internal quality audits, corrective and preventive action, changes to the quality system documentation, data and structure. All work locations to be included in the scope of certification must be owned by the organization and be an integral part of the organization’s management structure. Clients applying for ‘Multi-Site’ registration for corporate or multiple site certification. The organization must have a defined and controlled Quality Policy such that it is applicable to all sections of the organization that are included in the proposed scope of certification. The quality system must be centrally managed and uniform across all work locations covered by the proposed scope of certification. As a minimum requirement, the following elements of the quality system must be centrally managed: management review, internal quality audits, corrective action and preventive action, changes to the quality system documentation, data and structure. The organization must have one appointed Management Representative with responsibility for maintenance of the quality system. All work locations to be included in the scope of certification must be owned by the organization and be an integral part of the organization’s management structure. 3.3.1.7 The client understands that failure to effectively maintain registration at any of the registered sites will lead to withdrawal of registration from all sites. 3.3.1.7.1 The client understands that a nonconformance raised against one site shall be investigated for action at all sites included within its registration. 3.3.1.8 The Client shall have a documented procedure to inform IB&C, in writing, of any intended significant modification to its system, or processes, which may affect conformance with the standards. The certified client should ensure that it informs IB&C, without delay, of matters that may affect the capability of the management system to continue to fulfill the requirements of the standard used for certification. These include, for example, changes relating to a) The legal, commercial, organizational status or ownership, b) Organization and management (e.g. key managerial, decision-making or technical staff), c) Contact address and sites, d) Scope of operations under the certified management system, and e) Major changes to the management system and processes Where the client has an EMS or H&S system the procedure shall also address communication with IB&C regarding legal action against the client or the registered Organization. IB&C will determine whether the notified changes require additional audit. Failure to notify IB&C may result in suspension of the Certificate. 3.3.1.9 The Client may only reproduce or publish extracts of Reports of International Benchmarking & Certificationsif the name of International Benchmarking & Certificationsdoes not appear, or the Client has obtained the prior written authorization of IB&C. 3.3.1.10 The right to use a IB&C or Accreditation Board xxxx is contingent on maintaining a valid Certificate in respect of the registered management system and Regulations governing the use of the xxxx of IB&C/ Accreditation Board 3.4 A Client may advertise that its management system has been registered and may apply the relevant registration xxxx to stationery and publicity materials relating to the scope of registration as provided. The Client may not apply such xxxx in relation to its products. The Client shall ensure that no confusion arises between registered and non-registered systems, products or sites in its publications and advertising material. The Client shall not make any claim that could mislead third parties to believe that certain systems, products or sites have been registered when they have not. 3.5 A Client who has been authorized to use a registration xxxx must also comply with the Regulations governing the use of the xxxx of IB&C/ Accreditation Board Improper use of a registration xxxx shall be a serious non-conformance. International Benchmarking & Certifications 3.6 In order for IB&C to comply with health and safety legislation, the Client shall provide International Benchmarking & Certificationswith all applicable regulationsavailable information regarding known or potential hazards likely to be encountered by International Benchmarking & Certificationspersonnel during their visits. (2) The Client will provide 3.7 In order to CWW full details revalidate its Certificate at the end of the Goodsevery registration cycle, the value of Client is required to repeat the Goods, the dimensions and weight of the parcels. (3) application procedure. The Client will be responsible for providing all the necessary paperwork, including customs pre-clearance, payment of VAT, tax/duty and other taxes and fully complying with all import and export laws and clearance requirements. The requisite documents must be available when CWW collects the Goods. (4) The Client will ensure that the Goods are packaged appropriately for transport. CWW reserves the right to inspect the Goods for security screening, which could include the use of X-ray, explosive trace detection and other security screening methods and the Client accepts that the package containing the Goods may be opened and the contents informed of the package may be examined at any time. (5) The Client declares that it has prepared requirements for Certificate renewal during the Goods final maintenance visit, but sole responsibility for carriage and the performance timely filing of the Services by CWW in secure premises using reliable staff and that the package containing the Goods has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to the acceptance for carriage by CWW. (6) The Client must ensure and certify to CWW that the Goods do not contain a Prohibited or Dangerous Item or Goods forbidden for transport by air as defined in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the operating air carrier’s as defined in the regulations of ICAO regulations or other national or international regulations that govern aviation security. (7) The Client has taken all reasonable precautions to comply renewal application shall be with all conventions, directives and legislation relating to the protection of personal data, including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or mis-delivery of the Goods. (8) The Client is responsible at its own expense for determining export and import licensing or permit requirements for the shipment of the Goods, including obtaining any required licenses or permits. (9) The Client warrants that it will not furnish to CWW any Goods for the Services which may breach of any applicable laws or regulations, and that neither the Goods nor the Client nor any of the parties involved in the shipment of the Goods are listed on any of the United Kingdom, European Union, or United Nations or United States of America sanction lists. (10) The Client certifies that all statements and information it provides relating to the exportation and importation of the Goods will be true and correct. (11) The Client acknowledges that in the event that it has made untrue or fraudulent statements about the Goods, it risks a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale of the Goods. To the extent that CWW may voluntarily assist in completing any customs or other formalities, such assistance will be given at the sole risk of the Client. (12) The Client will indemnify and hold CWW harmless from any claims costs, liabilities, expenses, fines, penalties, charges and damages which may be incurred by which may be brought against CWW arising from the information that 3.8 Following issue of a new Certificate the Client has provided must return the superseded Certificate to CWW and any costs that CWW may incur regarding this and will also pay any administration fees CWW may charge for providing IB&C. 3.9 In order to extend the Services described in this conditionCertificate to cover additional sites or aspects, the Client is required to complete a new Questionnaire. 3.10 The client will agree to allow personnel from IB&C’s accreditation board (13ACCREDATION BOARD) The Client will pay to avail access to its premises, whenever required, for carrying out verifications, inspections, enquiries or audits necessitated out of any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses that CWW may incur as a result non compliance of the actions of customs quality management system implemented at the client’s premises or other governmental authorities or the Client’s failure and/or the recipient’s failure to provide proper documentation and/or to obtain the required licenses or permits will be charged to the Client and the Client shall defend and indemnify and keep indemnified CWW, its officers, employees, agents and sub-contractors against based any and all costs damages, liabilities, fines, penalties, duties, taxes, charges or expense whatsoever incurred on information/report/complaint received by CWW in respect of the carriage of any Goods. CWW’s right to a defense is separate and apart from its right to indemnificationIB&C’ accreditation board (ACCREDIATION BOARD). (14) The Client acknowledges that CWW shall have the right to open and inspect the Goods if necessary.

Appears in 1 contract

Samples: Certification Contract Agreement

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