Where used in the conditions, the terms listed below shall have the following meaning:
BMQR : BMQR Certifications Pvt Ltd. (BMQR) is an independent third party certification body providing certification services of the Quality Management system.
Client : An applicant organization applying to BMQR by providing client information for certification and subsequent signing of certificate agreement for Quality Management System.
Certificate of compliance: Document issued to client after the satisfactory assessment of client's Management system meeting the requirement of the contractual standard. The certificate of compliance reflects the effective implementation of the Quality Management System and confidence in the product and services provided as defined in the scope of certification. Certificate of compliance is identified by certificate number and is not subjected to transfer. Certificate of compliance is valid for three years from the date of approval for certification by BMQR Certification Decision Committee and as indicated in the Certificae. Certificate of compliance is not a product certification.
All personnel of BMQR including members of various committees have signed a confidentiality declaration and shall not disclose any information relating to the client business/process/activities to any third party. If the local laws as legal requirements permit disclosing of confidential information, BMQR may reveal such information for a specific purpose with prior permission from the client.
BMQR shall provide certification services to clients who has signed certification agreement and agreed to abide by Conditions for Certification provided in this document. Such agreement shall be signed after review of BMQR proposal for certification. The certification agreement is valid for initial 3 years and subsequent renewals including re-certification and surveillance audits as indicated in the proposal for certification.
Responsibility of Client
- Maintain a documented QMS in accordance with applicable standard and effective implementations of QMS.
- Identify a management representative from its management for all communications and coordination.
- Conduct internal audits and Management Review at planned intervals.
- Inform BMQR of any major organizational changes and a business process that has an impact on the certificate of compliance issued and agrees for BMQR to conduct reassessment if required.
- Provide access to BMQR audit team and/or our associated accreditation body as relevant to examine structure, policy, procedures and records to confirm implementation of this requirement and extend necessary cooperation including a working space and guides including records of complaints and corrective actions.
- Provide access to all records of complaints and corrective action taken as per the Quality Management System.
- Provide information on health, safety and environmental requirements to be followed by BMQR auditors during assessment.
- Provide information on the applicable statutory and regulatory requirements for the scope of certification.
- Extend cooperation during investigation of any compliant received from the interested parties. Agree for any additional visit at cost, which may be necessitated, from such investigation, which is outside the scope of proposal for certification.
- Agree for follow-up audit man days, if recommended by Lead Auditor during compliance audit or Certification Decision Committee.
- Ensure proper use of certificate of compliance, quality mark, and accreditation mark as per the BMQR instruction and without projecting in any manner that the product has been certified.
- Inform BMQR of any requirements for change of audit team members/technical experts in advance.
- In case of withdrawal of certificate of compliance. Withdrawing quality marks and accreditation mark from all points of use.
- Compliance with relevant provision of certification programme to confirm that their system is certified with respect to the scope of certification,
- Use COC in a way, which will not bring BMQR to disrepute.
- Do not give misleading or unauthorized statement regarding certification.
- Discontinue use of certification upon suspension or withdrawal of its certificate.
- Use certification only to indicate that Quality Management System is in conformity with specific requirements.
- Change relevant documents within an agreed timeframe, in case of changes to conditions for certification as communicated by BMQR.
Overall Audit Plan
Document Review :
- Review the adequacy of the QMS (Quality Manual & Quality System procedures) to the contractual standard.
- Resolutions for document review comments if any.
- Document review may be done on site/off site.
- Document review is carried out as per checklist.
- Compliance Audit/Scope expansion or reduction/ transfer audit/re-certification:
Inform audit team nomination and audit programme in advance.
- Conduct opening meeting to explain audit methodology
- Obtain client consent if subcontracted organisation and or person are conducting the audit.
- Verify effective implementation of QMS by examining personnel, policies, procedure and records on sample basis against the contractual standard and the scope of certification and is carried out on site as per client information for certification.
- Compliance audit is carried our as per the checklist.
- Record Non conformance and classify as Major or Minor
- Conduct closing meeting and explain audit findings, recommendations and revision to scope of certifications if required.
- Review the suitability of surveillance frequency and/or man days based on the audit findings.
- Provide copy of audit report with recommendations
- Review of audit reports by BMQR certification decision committee
- Resolutions of clarifications in the audit reports if any prior to approval of recommendations.
- Close all NCRs based on proposed corrective action/follow up audit, if required.
- Issue certificate of compliance
- Issue instructions on the use of quality marks and accreditations mark.
Conduct surveillance audit to verify continued implementation of QMS at agreed frequency as per the proposal.
Verify the effectiveness of QMS implementation, planned processes are verified during each surveillance audit ensuring to cover all processes during each certification cycle.
Conduct follow-up audit, if required.
Verify use of Quality mark and accreditation mark as per BMQR instructions.
Provide recommendations on continuation of certification as per audit report provided at the conclusion of each surveillance audit.
Conduct re-certification audit at the end of 3-year certification period for continuation of certification of compliance and subsequently followed up by Surveillance audits as per the accepted proposal.
Suspension and withdrawal of Certificate
Suspension and withdrawal shall be affected subject to the following conditions (with notice to client):
Suspension of Recommendation for Certification if adequate Corrective action is not submitted to BMQR Office within 30 days from the initial audit date unless and until that client has sent the prior communication vide letter/e-mail for requirement of additional time and acceptance from BMQR.
- When no objective evidence is produced by client for the major non-conformances issued.
- Recurrence of major non-conformances indicating the weak links in the Quality system.
- When Management reviews or internal audits are not evidenced in 2 successive surveillance audits.
- When client does not comply with the rules of certification.
- When client does not accommodate/give acceptance to conduct the surveillance audit within the stipulated time period as notified/communicated.
- Not informing major changes to the organization structure/ business process with impact on scope of certification.
- Non-payment of Certification and applicable/related charges as agreed against our proposal.
- Suspension may be revoked, in case of positive response with in 30 days from the date of suspension. Complete audit process shall be repeated if suspension needs to be reviewed after 3 months from the date of suspension.
- BMQR shall conduct follow up audit within an agreed time frame of 90 working days at client's expense to verify effectiveness of action taken.
Use of quality mark and accreditation mark
Accreditation mark shall be used only in conjunction with BMQR Quality Mark.
The size of the accreditation mark must not exceed the quality mark.
The Quality mark and accreditation mark may only be used on correspondence, advertising, invoice, stock form and promotional material for the products or services described in the scope of certification. Accreditation mark shall not be used on business cards.
On size A4 stationery the Quality mark and accreditation mark shall be 15 x12 mm.
Proportional increase/reductions may be allowed on stationary of larger/smaller size than A4. and shall be legible to have QMS standard and certificate number without any distortion or overlapping.
The conditions as indicated shall also apply to packaging material and promotional products. The party reporting the violations to the attention of BMQR is informed of appropriate action being taken but is not provided with the details which would breach the organizations violating right to confidentiality.
The certification mark shall be produced in single colour either deep blue or red. Use of other colour will require specific approval of BMQR.
The certified organization shall abide by the BMQR rules of certification to discontinue any use of Quality mark and accreditation mark that is unacceptable to BMQR.
BMQR shall initiate corrective action with the certified organization to avoid misuse of the Quality mark and accreditation mark brought to the notice of BMQR by any interested parties and/or general public subject to thorough investigation.
Upon withdrawal of certification by BMQR or upon request by client to withdraw certification or due to cancellation of certification contract with BMQR, the certified organization shall immediately discontinue use of all marks and to destroy all stocks of material on which they appear.
Any deviation or specific use of mark for special purposes like small advertisements, on client vehicles/cars shall not be allowed.
The mark shall not be displayed on vehicles except in publicity material like part of a large advertisement.
The mark shall only be printed in the colour combination or in the grey-black combination as specified in the instructions attached to certificate of compliance.
Complaints/Disputes and Appeals
BMQR shall investigate all complaints and disputes related to the certification services
Analyse and take corrective actions and inform client on the action taken
Provide an opportunity to the client to appeal against actions taken by to the appeals committee of BMQR
Committee constituted by Executive Director shall prepare a report after investigation including providing an opportunity to the client to represent their evidence.
Decision of the Executive Director who is responsible for the approval of report is binding on both the parties.
Certification Service Charges
BMQR shall submit the invoices for the certification services as indicated in proposal for certification for approval and payment within 15 days
All conditions indicated in the proposal for certification shall apply.
Liability of BMQR
Certification services are provided by BMQR as per the agreed proposal for certification Liability of BMQR shall be limited to the commercial terms referred in the proposal under any circumstances. Client agrees to indemnify, hold harmless and defend BMQR from any and all liability of any and all kinds and types, including without limitation, claims, demands, or causes of action, including attorney fees, made or brought by any entity, person, firm or corporation arising out of or incidental to the certification services to be provided in connection with this agreement by reason of injury of any entity, person or damage of any property regardless of whether such injury or loss, cost, damage or expenses is occasioned in whole or partly by any negligent or omission on the part of BMQR, its subcontractors or employees and regardless of where any such loss or any action may occur.
Client agree to indemnify and hold BMQR harmless from and against any fines, taxes, levies or imposed which may be asserted or imposed upon BMQR by any country or jurisdiction in which certification services are performed. Client shall also indemnify and hold and save BMQR against all expenses and out-of-pocket expenses incurred by BMQR in connection with or related to the assertion by any such country or jurisdiction of liability of BMQR to pay any such fine, tax, and levy or imposed.
In providing services, information or advice neither the Company nor any of its officers, employees, agents warrants the accuracy of information, review, assessment, certification of advice supplied. Expect as set out herein the Company nor any of its officers, employees or agents (on behalf of each of whom the Company has agreed this clause) shall be liable for any damage, loss of expenses whatever sustained by any person due to an act or error of whatsoever nature and howsoever caused of the Company by its officers, employees or agents or due to any inaccuracies of whatsoever nature and howsoever caused in any information, review, assessment, certification of advice given in any way whatsoever by or on behalf of the Company, even if held to an amount to breach of warranty. Nevertheless, if the information, review assessment, certification, or advice given by of on behalf of the Company and suffers loss damage or expense thereby which has been due to negligent act omission or by error of the Company its officers, employees or agents or any negligent inaccuracy in information, review assessment, certification, or advice given by the Company then the Company will pay compensations to such person for his/her proved loss up to but not exceeding the amount of the fee(if any) charged by the Company for that particular service, Information or advice.
The Company its officers, employees or agents (on behalf of each of whom this notice is given) shall be under no liability or responsibility in negligence or otherwise howsoever to any person who is not party to this agreement in respect of information or advice expressly of implied given by the Company or in respect of any act, omission of inaccuracy by the Company.
Terms of Payment
The charges for the services are as set out in the Estimate(s) to this agreement. All expenses reasonably incurred by employees of the Company or by sub contractors in performance of this agreement shall be paid by the Client.
Scope of Service : The scope of BMQR includes, audit planning,, assessment, review and issuing certificate. For any other services other than the scope of BMQR, BMQR will change Rs. 1000 per manday (follow up audit, special surveillance, special visit etc).
The Client shall be invoiced on completion of each stage the certification approval process (see attached estimate). All payment due from the Client under this agreement shall be paid to the Company or its agent, on presentation of the invoice, unless otherwise stated in the estimate to this agreement.
Advance amount is non-refundable.
Following the enquiry the charges in the estimated will be as accurate as possible, but we reserve the right to reasonable variations through circumstances apparent from the initial assessment site visit.
This Agreement shall continue in force unless and until terminated:
By either party upon 30 days written notice to the other.
At the date of termination of this Agreement the Company's Certificate of Approval shall immediately cease to be valid. The certificate shall be returned to the Company and all Client documentation using the Company Logo shall be withdrawn.
As per the governing rule for BMQR and ISO 17021:2006, surveillance audit is compulsory. In case, the certificate is withdrawn due to non-compliance of surveillance audit, the client shall pay Rs. 3000 towards administration cost.
Except as otherwise agreed by the parties in writing this Agreement shall not be assigned.
No failure or mission by either party to carry out or observe any stipulations, conditions or warranties to be a breach of contract to the extent that such failure or omission arises from causes reasonably beyond control of such party.
This Agreement shall in all respects be constructed and operate as an Agreement made in India and in conformity with Indian Law3and the construction of validity shall be governed by the Laws of India.
The Client undertakes to indemnify the Company against any loses suffered or by clams made against the Company as a result of misuse by the Client of any approval or license granted by the Company under this agreement
Publicity and Promotion
In order to maintain the integrity of our service, you will make no misleading statement concerning your application or certification and will ensure that no one connected with you gives any such misleading impression
Ownership of the Certificate of Approval
The certificate and the right to use the symbol shall remain the property of the Company and cannot be sold, lent or used as an asset of the Client. Where the Clients business becomes bankrupt, goes into liquidation of receivership or there is a change of management, the Company may have to cancel your certification immediately, but the Company will consider individual circumstances. The client shall notify the Company of any changes to the business as above.
It client postpone the audit date within 24 hours of the audit date, it is difficult for BMQR for assigning any other audit for the auditor. Hence, there will be a waste of one auditor manday for BMQR. In such case, BMQR will change Rs. 1500 towards audit Postponement charges.
The Client is responsible for ensuring that people visiting the clients site have adequate protective equipment for the environment they are likely to enter. Where specialist training is required this is to be disclosed to the company from the outset. Please raise the matter with your company contact.
Each of us shall maintain third party liability insurance of a type and to level appropriate to its business
All disputes, differences or questions at any time arising between the parties as to the construing of this Agreement or as to any matter or thing arising out of this Agreement or in any way connected therewith (Which cannot be settled by mutual agreement) shall be referred to the court of Chennai Jurisdiction.