Terms and Conditions
- The CE marking conformity assessment fee is set out in the quotation issued by the company, by entering into this contract the applicant accepts the quotation.
- Payment shall be made in the agreed currency, if no currency has been previously agreed then all payments due are assumed to be in £ (GBP)
- The initial payment will be 60% of the quotation, this shall be paid within 3 days once the contract is signed. After receiving cleared funds, the company should start work. When all contracted work has been completed but prior to issue of any certification, the applicant shall pay the remaining balance. The quotation does not include: Accommodation, subsistence, and travel expenses of the assessment team when on-site activity is required these costs if incurred will be added to the final bill. The cost of any third party testing found to be necessary is not included.
- Original copies of the certificates will not be released and the certification will not become valid until payment in full is received.
- The assessment fee is not refundable and certification will be withheld if the applicant is unable to bring the equipment into compliance with the relevant EU Directives and Standards.
- The fee for all the services under contract will be paid to CEM International Ltd under the terms of the contract agreement.
Rights and obligations of the applicant
- The applicant shall provide the company with a completed application form specifying the product and the sample unit for which the conformity assessment service is required, and all relevant documentation (in English) required.
- The applicant shall implement corrective action(s) based on any non-compliances identified, and provide evidence as required.
- The applicant is responsible for the safety aspects of the product(s). The applicant is also responsible for ensuring that all product(s) conforms to the specification of the sample(s) submitted for assessment and detailed in the relevant Technical Construction File (TCF).
- The applicant makes all necessary arrangements for
a) the conduct of the evaluation and surveillance (if required), including provision for examining documentation and records, and access to the relevant equipment, location(s), area(s), personnel, and applicant’s subcontractors;
b) investigation of complaints;
c) the participation of observers, if applicable;
- Upon suspension, withdrawal, or termination of certification, the applicant discontinues its use of all advertising matter that contains any reference thereto and takes action as required by the certification scheme (e.g. the return of certification documents) and takes any other required measure;
- If the applicant provides copies of the certification documents to others, the documents shall be reproduced in their entirety or as specified in the certification scheme;
- In making reference to its product certification in communication media such as documents, brochures or advertising, the applicant complies with the requirements of CEM or as specified by the certification scheme;
- The applicant complies with any requirements that may be prescribed in the certification scheme relating to the use of marks of conformity, and on information related to the product;
- The applicant shall be responsible for drawing up the Declaration of Conformity (DoC) in accordance with the requirements of the relevant directive(s) and shall retain it with the relevant technical files. The technical files shall be kept for at least 10 years from the last date of the manufacture of the product unless any other duration is clearly specified in the relevant directives. For any Annex IV machine under the Machinery Directive, the file shall be retained for at least 15 years.
- The applicant has the right to apply the CE mark, the notification number of the company in accordance with the defined requirements and directives, and has the right accurately to promote its certification (when awarded).
- The applicant keeps a record of all complaints made known to it relating to compliance with certification requirements and makes these records available to CEM when requested, and
a) Takes appropriate action with respect to such complaints and any deficiencies found in products that affect compliance with the requirements for certification;
b) Documents the actions taken;
- The applicant informs the CEM, without delay, of changes that may affect its ability to conform with the certification requirements.
NOTE Examples of changes can include the following:
a) The legal, commercial, organizational status or ownership,
b) Organization and management (e.g. key managerial, decision-making or technical staff),
c) Modifications to the product or the production method,
d) Contact address and production sites,
e) Major changes to the quality management system.
- The applicant (for the Machinery Directive (full quality assurance module), and CPR shall accept annual and/or random surveillance by the company in order to verify continuing compliance of the manufactured equipment, with the technical documentation, and with the requirements of the applicable Directive(s).
- The applicant (for the Machinery Directive (full quality assurance module), and CPR shall give the Company free access to all the internal documentation supporting these procedures, the actual results of the internal audits and the corrective actions which have been taken, if any.The applicant shall provide the company with a completed application form specifying the product and the sample unit for which the conformity assessment service is required, and all relevant documentation (in English) required.
Rights and obligations of the company
- Once the contract is signed, the company is responsible for identifying and informing the applicant of the relevant directive(s) and standard(s) for conformity assessment.
- The company shall provide the applicant with the list of those parts of the TCF required for conformity assessment, and provide to the applicant any necessary explanation and guidance on the issues needing to be clarified.
- The company shall identify the testing requirements and provide the applicant with a test schedule/an assessment plan.
- The company shall designate competent technical personnel for the conformity assessment and provide the applicant with information about the general requirements of CE marking.
- The company shall provide the applicant with an assessment report, together with non-compliance report(s) for corrective action(s) (if appropriate).
- The company shall issue the certificate of conformity for CE marking to the applicant when the assessment process and any necessary corrective action(s) have been completed.
- The company shall advise the applicant of changes to the relevant directive(s) and standards and inform the applicant if action is necessary to maintain certification.
Contract law and appeals
- This contract is governed by the relevant national law and is subject to the exclusive jurisdiction of the relevant national courts.
- CEM international Ltd is subject to the default rights and responsibilities applicable under the applicable UK law and regulation.
- CEM International Ltd is subject to UK law where appropriate to enforce the terms of this contract.
In the case of appeals concerning certification, the relevant CEM Quality Management System procedure applies.
Validity of contract
This contract comes into force on the date on which the last of the two parties to the contract signs the contract. This contract shall come into force upon the signing of two identical copies, one copy for the Applicant, and one for the Company.
- This contract can be terminated at any time by the mutual agreement of both parties involved.
- If the applicant cannot bring the equipment and documentation into a condition suitable for certification within one year of the date that the contract comes into force, then the company reserves the right to terminate the contract without the client’s consent if it is deemed appropriate.
- In the event of termination of the contract before completion, or if the applicant is unable to bring the equipment and documentation into a condition in which certification is possible, the applicant is liable for all costs incurred by the company up to the date of termination.
- The company shall not disclose information to any third party regarding product, or the associated technical data of the applicant, except as detailed below:
- information which is lawfully in the public domain.
- as directed by the Courts
- as required by national enforcement organizations.
Note: When the Company is required by law or authorized by contractual commitments to release confidential information, the client or individual concerned shall, unless prohibited by law, be notified of the information provided
2. The documents, including the checklist and template developed and used by CEM during the process of certification are the Copyright© and property of the company, the applicant must not copy or pass them to third parties without prior agreement.
- For all travel not conducted in a company supplied vehicle, the vehicle must be insured for business travel, and a mileage allowance will be paid, the mileage will be determined by use of Google Maps.
- If an early start (prior to 7AM) is required to get to a customer site then CEM will pay a subsistence allowance to cover the cost of breakfast.
- If a late finish (after 8PM) occurs returning from a customer site then CEM will pay a subsistence allowance to cover the cost of an evening meal.If the working day will exceed 12 hours including travelling time CEM will pay an accommodation allowance to cover the cost of accommodation . This accommodation allowance should also include breakfast.
Note: All rates are subject to the maximum applicable at the time as determined by CEM.
All quotations are valid for a period of 30 days from date of issue.