ÉMI-TÜV SÜD. Regulation of product certification and use of ÉMI-TÜV SÜD KERMI. certification mark. ÉMI TÜV SÜD Ltd.

Transcription

1 Regulation of product certification and use of ÉMI-TÜV SÜD KERMI certification mark ÉMI TÜV SÜD Ltd. KERMI Department Budapest, Notified Body 1417 KERMI Department Rn.: Tax nr: Bank: UniCredit Bank Hungary Zrt Managing Director Botond Madaras Phone: +36-1/ Fax: +36-1/ ÉMI-TÜV SÜD Ltd. TÜV SÜD Group H-1043 Budapest Dugonics st. 11. ÉMI-TÜV SÜD

2 Regulation of product certification and use of ÉMI-TÜV SÜD KERMI certification mark Regulation of product certification and use of ÉMI-TÜV SÜD KERMI certification mark 1. Product certification The product certification is based on the requirements of the MSZ EN ISO/IEC 17065:2013 standard. The issue of the certificate is at the sole discretion of ÉMI-TÜV SÜD Ltd. For lack of a written agreement the certificate issued does not authorize client to use the mark of ÉMI- TÜV SÜD Ltd Preconditions to be fulfilled for the issue of the certificate the product shall be in conformity with the applicable requirements, the client shall fulfill his contractual requirements. In case of the non-conformity of the product the client is notified of the non-conformities in writing. The certificates are based on the legal rules, standards and other normative documents being valid at the time of the issue in case of conformity. In the field of toys ÉMI-TÜV SÜD Ltd. can be issue EC type examination certificate Conditions for the maintenance of the certificate the conformity shall be continuous during the period of validity, the certification requirements shall always be fulfilled, including modifications, if needed. the product properties are unchanged, in case the certification applies to an ongoing production, the product certified shall continuously fulfil the product requirements the requirements with respect to the product are unchanged; the client shall fulfill his contractual requirements. the implementation of the assessment and the supervision (if needed) the review of the documents and records, page: 2 / 10

3 Regulation of product certification and use of ÉMI-TÜV SÜD KERMI certification mark access to the necessary means, on the site to the area concerned, to the personnel and to subcontractors (if applicable), complaints handling, the participation of observers (if applicable) shall be ensured and it shall also be stated that the certification is compatible with the application area of the certification client shall use the certificate in a legitimate way, and the product certification shall not be used in such a way as to shed a bad light over the good reputation of ÉMI-TÜV SÜD Ltd. and shall state nothing in connection with the product certification ÉMI-TÜV SÜD Ltd. could deem to be misleading or unauthorized. the availability and conformity of the results of the internal and external audits conducted by the manufacturer, if part of the product requirements, client shall immediately notify ÉMI-TÜV SÜD Ltd. of changes planned or implemented in the product certified, change of the legal, commercial, organizational status or ownership, change of the organization, management, change of the product and/or manufacturing method, change of the registered offices, site, manufacturing location, major change of the quality management system - if any client shall keep records of the complaints received in connection with the product certified and shall submit such records to ÉMI-TÜV SÜD Ltd. at the occasion of the audit. shall take proper actions in terms of such complaints and deficiencies identified in the products that affect the fulfilment of the certification requirements, shall document the actions taken, shall hand over only the complete copy of the document issued by ÉMI-TÜV SÜD Ltd. to third parties, in the media used for information, e.g. in documents, publications, advertisements, when referring to the product certification the requirements specified in the certification order and the requirements of ÉMI-TÜV SÜD Ltd. shall be fulfilled, page: 3 / 10

4 Regulation of product certification and use of ÉMI-TÜV SÜD KERMI certification mark in the course of the internal and external communication the regulations regarding the use of the certificate and of the logo shall be adhered to Extension of the certificate A condition of the extension of the certificate is that the properties of the product being subject to the extension shall be in conformity with those of the product already certified. The validity of the extended certificate is identical with that of the former certificate The product concerned will be canceled from the certificate if the production/distribution of the product is discontinued or in case its properties change and if it is proven during the procedure that the product does not fulfil the applicable requirements. The validity of the certificate without the product canceled is identical with that of the former certificate The certificate is suspended in the following cases: a notification has been received because of the non-conformity of the product, the client does not follow the requirements stipulated in the contract, the client is in continuous or major breach of the certification requirements, the client does not make it possible to conduct the audit, or if it is found during the audit that the significant conditions that have been fulfilled at the time of the issue of the certificate do not exist any longer, the audit cannot be carried out due to reasons attributable to the client the client does not fulfil his payment obligation before the deadline set in the reminder, non-conformities are identified during the audit, the corrective actions taken on the basis of the findings are not appropriate and if the client did not take action to remedy non-conformities in spite of the warn- ing received from the assessing expert, the complaints lodged against the organization and the observations of stake- holders imply major non-conformities, the certificates, marks are used in a way not allowed, page: 4 / 10

5 Regulation of product certification and use of ÉMI-TÜV SÜD KERMI certification mark if the client asked for the suspension voluntarily. The duration of the suspension is influenced by the type of the defect, and the duration of the inspection, but the maximum limit is the expiry of the certificate. After the remedy of the defect ÉMI-TÜV SÜD Ltd. will, upon appropriate inspection, revoke the suspension. The costs of the inspection shall be borne by the client. ÉMI-TÜV SÜD Ltd. has the right to publish the fact of suspension. Client acknowledges that upon the conclusion of the contract ÉMI-TÜV SÜD Ltd. will not assume the role, tasks of third parties and third parties shall not be exempted from any of their duties The certificate expires/is canceled on: The validity of the certificate ends on: in case the period of validity indicated is over, on the basis of the relevant written request of the certificate owner, in case the client intentionally violates the contents of the rules of procedure or if he does not fulfil his payment obligations or becomes insolvent, in case the requirements the issued certificate is based upon change and if the owner does not want to bear the costs of the further procedure. The client is notified of the cancelation of the certificate in writing. In the document the client is also informed about the reasons for cancelation and the requirements to be fulfilled for the new certificate. The client has the right to lodge a complaint against the cancelation. The certification will automatically become null and void in the following cases: in case the client does not want to extend the certificate, in case the requirement the certificate is based upon has changed, its validity expired and if the client cannot or does not want to ensure conformity with the new requirements. In case the client keeps using the certificate and/or the mark without legitimation, taking also the appeal (if any) into consideration, despite of the valid cancelation, the managing director of ÉMI- TÜV SÜD Ltd. has the right to take the following actions: to inform the competent administrative authorities and other organizations about the unauthorized use, to seek legal possibilities for the enforcement of page: 5 / 10

6 Regulation of product certification and use of the conformity mark the discontinuation of the unauthorized use (e.g. prohibitive order by the judge or press publication). ÉMI-TÜV SÜD Ltd. has the right to cancel the certificate: if the further use of the certificate is not applicable or prohibited by legal rules. In this case ÉMI-TÜV SÜD Ltd. can offer other certificates. in case of misleading or unauthorized advertising activity, in case the client-initiated bankruptcy procedure against himself or if there is a liquidation or enforcement procedure pending against him, in case the client intentionally violated the contents of the rules of procedure. Upon the suspension, cancelation or after the limitation period of the certificate the use of all advertising materials shall be discontinued containing any reference to the certification and shall destroy the certificate and shall take all actions if needed Conditions of the use of the certificates the certificate applies exclusively to the product made by the manufacturer designated on the certificate, and/or originating from the location specified, with the name and type specified, the certificate can be used within the period of validity only, the client shall follow the provisions of the contract concluded with client for lack of a written agreement, the client is not authorized to use the mark of ÉMI-TÜV SÜD Ltd. the client assumes full responsibility for the use of the certificate, in particular if the certificate is used for the promotion of its products, ÉMI-TÜV SÜD Ltd. has the right to reveal, upon the request of authorities, data, information pertaining to the client and to the product certified. The certificates and marks are the property of ÉMI-TÜV SÜD Ltd. The use of ÉMI-TÜV SÜD Ltd. or its name for advertising is allowed with the written permission of ÉMI-TÜV SÜD Ltd. only. page: 6 / 10

7 Regulation of product certification and use of the conformity mark The use of the certificates deviating from the uses listed above is deemed to be unauthorized use and ÉMI-TÜV SÜD Ltd. has the right to publish an announcement, to cancel the certificate and to initiate proceedings. 2. Mark of ÉMI-TÜV SÜD KERMI, use of the mark The permission to use the mark is at the sole discretion of ÉMI-TÜV SÜD Ltd. approves the use of the mark by specifying the form, content of the mark. The use of the mark is a voluntary, non-transferable right. In case the manufacturing supervision procedure was not part of the product certification procedure, the product certified cannot be labelled with the certification mark of the certifying organization Conditions for using the mark First in-process inspection following a positive product inspection at a time agreed upon with the client. The audit shall cover the inspection of the manufacturing process, of the condition of the measuring equipment in order to verify if the continuous conformity of the sample is ensured. regular supervision, the client shall use the mark on the product with the identification data and manufacturing location specified on the certificate and within the period of validity only. should the certificate the use of the mark is based upon expire, or become in- valid, the use of the mark on the product shall be discontinued or the client shall initiate the extension of the use. the client shall immediately notify ÉMI-TÜV SÜD Ltd. of the changes implemented in the products certified and ÉMI-TÜV SÜD Ltd. shall continuously supervise the manufacturing of the products certified and the properties of the product, the ÉMI-TÜV SÜD Ltd. has the right of sampling on the market, the use of the mark is a voluntary, non-transferable right reserved for the certificate owner only. the ÉMI-TÜV SÜD Ltd. will cancel or invalidate the certificate without previous notice page: 7 / 10

8 Regulation of product certification and use of the conformity mark in case of the defect on non-conformity identified in the product or in the manufacturing system of the product, the product is not in accordance with the sample inspected, the legal rules, standards and other requirements the evaluation of the product is based upon have changed in such a way that the product is no longer in conformity with them or the client does not ensure the execution of the procedure proving the conformity with the modified standards and other requirements and does not cover the related costs. ÉMI-TÜV SÜD Ltd. carries out an annual audit to ensure the standard quality of the products certified Inspection at the manufacturing site In case ÉMI-TÜV SÜD Ltd. allows the use of the mark and in case of certified products if required by the legal regulations ÉMI-TÜV SÜD Ltd. regularly supervises the condition of the manufacturer and of the measuring instruments. The frequency of the audit is at least once a year. ÉMI-TÜV SÜD Ltd. can, without previous notice, inspect the manufacturing sites listed on the certificate. In the course of the audit of the manufacturing sites ÉMI-TÜV SÜD Ltd. is entitled to take samples free of charge from the products certified in order to carry out the tests. ÉMI-TÜV SÜD Ltd. can also place order for the audit of manufacturing sites with independent experts, who will carry out the audit on behalf of ÉMI-TÜV SÜD Ltd. The costs of the supervision of manufacturing will be invoiced to the client on the basis of the valid price list Extinction of the right of use the right of using the mark will be canceled immediately if used in a way contrary to the contract, in case of illegitimate use. the ÉMI-TÜV SÜD Ltd. will cancel the certificate used as basis for awarding the mark the period of validity of the certificate used as basis for awarding the mark ex- page: 8 / 10

9 1.1.Regulation of product certification and use of the conformity mark the requirements regarding the product/type were modified within the period of validity of the certificate, but the client does not ensure the implementation of the inspections proving the conformity with the modified requirements Cases and consequences of unauthorized use: The client will assumedly be in good faith violate the conditions of authorized use, if client puts the mark in good faith also on products/types for which he had no previous permit, or if client puts the mark on products/types at a time when the contract concluded earlier already expired. In this case the ÉMI-TÜV SÜD Ltd. is authorized to re- quest client to pay five times the annual usage fee. The client is assumed to commit intentional abuse among others, if: client is using the mark after the permit for the use of the mark has been can- celled, client is using the mark without contract, client is using the mark after the use of the mark has been prohibited, In this case the ÉMI-TÜV SÜD Ltd. is entitled to set a lump sum compensation fee and to enforce compensation against the client. The amount of the lump sum compensation fee depends of the severity of the infringement and can amount to one hundred times the annual usage fee. 3. Handling of complaints and appeals Appeal A request for the supervision of a decision adopted by ÉMI-TÜV SÜD in a procedure launched upon the order of a client. We try to investigate appeals within the shortest possible deadline. We will provide information on the result of our investigation within 10 working days from the date of submission. If the announcer is not satisfied with such result, within 15 days of the receipt of our information thereon, he/she may turn to the Committee of Justice of ÉMI-TÜV SÜD Ltd. via sent to the above address. The Committee of Justice shall adopt its decision on the appeal within 60 working days from the submission thereof; the announcer shall be notified of such decision. page: 9 / 10

10 1.1.Regulation of product certification and use of the conformity mark Complaint A complaint is a request or announcement aimed at the termination of an individual infringement of rights or interests, the processing of which is not submitted to the competence of any court or administrative organ. A complaint may also formulate a proposal. We try to investigate complaints within the shortest possible deadline. We will provide information on the result of our investigation within 45 working days from the date of the announcement. If the complainant is not satisfied with such result, within 15 days of the receipt of our information thereon, he/she may turn to the managing director of ÉMI-TÜV SÜD Ltd. via sent to the above address. In this case, the complaint will be reinvestigated, and repeated information on the result will be provided within 45 calendar days. Submission of a complaint or an appeal You may find further information concerning the submission of a complaint or an appeal at: Budapest, 01/09/2017 page: 10 / 10