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1、File Name：MANAGEMENT SYSTEM CERTIFICATION CONTRACTFile No:MSF17-09MANAGEMENT SYSTEM CERTIFICATION CONTRACT Ref. No.Party AAddressTelephone FaxLegal RepresentativeContact PersonParty B: CHINA QUALITY CERTIFICATION CENTRE Address：Section 9, No.188, Nansihuan (the South Fourth Ring Road) Xilu (West Roa
2、d), Beijing 100070, P.R.ChinaTelephoneFax Legal Representative: Contact PersonAddressTelephoneFaxGENERAL TERMS AND CONDITIONSArticle 1 Part A and Part B hereby undertake to, in pursuance of relevant provisions of the Contract Law of the Peoples Republic of China, sign, observe and to be bound by the
3、 general terms and conditions agreed hereunder through equitable consultations in respect of application field by Part A with Part B for conformance and effect audit of Party As by Part B.r QUALITY MANAGEMENT SYSTEMr ENVIRONMENTAL MANAGEMENT SYSTEM r OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT SYSTEMr
4、 HACCP SYSTEMr QS-9000 QUALITY MANAGEMENT SYSTEMr ISO9001+KBA Article 2 The scope of audit agreed hereunder is _Above information may be adjusted according to on-site audit.Article 3 The audit criteria agreed upon by both parties hereto is determined on the basis of:r ISO9001: r ISO14001: r GB/T2800
5、1- r INTERNATIONAL FOOD CODE Codex General Principle of Food Hygiene CAC/RCP1-1969, Rev.3 (1997);Guidelines for the Application of the HACCP System Anex to CAC/RCP1-1969, Rev 3(1997).r QS-9000: the 3rd edition/ISO900 ：94CQC will carry out certification work on the basis of Requirement of Quality Man
6、agement System/QS-9000: the 3rd edition appendix BImplementation Criteria of Quality Management System Certification Agency.r Part As system manual and relevant documents on the basis of the above standardsr Relevant laws and regulationsr Other Article 4 Audit fees are determined on the basis of fee
7、 structure approved by relevant authorities. Full description of such fees is provided in the certification confirmed by both parties and attached hereto. Travel costs incurred by or connection with audit work shall be borne by Party A.Article 5 Fees are settled by:1. First audit/re-audit: settlemen
8、t before audit , settlement after audit .2. Surveillance fees should be settled before each surveillance audit.3. Specific fees see “Quotation of Management System Certification”.Article 6 Rights and Duties of Party A:1. Abide by the relevant regulations of certification from beginning to end;2. Est
9、ablish and implement adequately the related system;3. At least 3-month implementation of the system, be permitted to audit practically;4. Submit to Party B relevant management system manual and documents;5. Effect payment of fees in pursuance of terms and conditions hereof;6. Provide Party B with wo
10、rking conditions required by audit;7. Submit to Party B accurate and adequate information and record;8. Obtain certificate if qualified;9. Use certificate and logo thereof in a appropriate manner;10. Not damage Party As reputation in the period of propagating the certification result;11. At the requ
11、est of Party B, submit to Party B all received records of complains and records of corrective action adopted in accordance with the requirements of system standards or other standardized documents. On the receipt of a complain, Party A should establish, and where appropriate report on, the cause of
12、the nonconformity, including (or predisposing) factors within Party As system.12. Maintain the integrity and consistency of its management system after obtaining certificates; 13. At the request of Management System Standards or laws and regulations, receive the witness audit implemented by the rela
13、ted organizations and submit to them the needed information and report.14. Within the term of validity of certificate, receive and surveillance of Party B; at the same time pay for the surveillance fees according to the related regulations.Article 7 Rights and Duties of Party B are to:1. Strictly ab
14、ide by the laws and regulations regarding management system certification, and supply Party A with certification service objectively and justly;2. Where applicable, provide, in favor of Party A, qualification document and/or related public documents;3. Assign qualified audit team to carry out audit
15、work after signing contract;4. Issue without delay documents review report; 5. Provide without delay audit plan to Party A, carry out such plan within timeframe defined therein and issue thereafter audit report;6. Observe objectiveness and confidentiality declaration;7. Where applicable, issue witho
16、ut delay certificate in favor of Party A, and publish the name of Party A in a mass medium;8. Carry out regular supervision and re-audit & certificate work in respect of Party As system after the issuance in favor of Party A.Article 8 Audit work may subject to Party As consent, be suspended if a maj
17、or nonconformity that will suffice to disqualify Party A for recommendation for certification registration is identified in the process of audit, and will be resumed if Party A has taken effective corrective actions in respect of such item of nonconformity, provided always that related fees or expen
18、ses shall be borne by party A.Article 9 If Party A requests to terminate an audit work prior to the completion thereof, Party A shall be bound to pay in full the audit fees, unless such request has been made on reliance of Party Bs liability.Article 10 After the follow-up verification, if the audit
19、team of Party B finds that system of Party A is in compliance with relevant norms and qualified for certification, it shall recommend Party A for certification registration within 30 days from such finding and shall, upon qualification assessment and approval therefore, issue Certificate in favor of
20、 Party A. Party B shall publish, on a regular basis, the name of Party A in a mass medium.Article 11 Should Party A have any objection in respect of the audit workaudit processes, audit behavior, or audit result, it may find solution through consultation with the Audit Centers, CQC, or the Governing
21、 Broad of CQC within 30 days after the on-site audit. And may, if still not satisfied with the decision of said organizations, file a petition for reconsideration with the China National Board for Certifiers.Article 12 Should any of the following circumstances occur within the term of validity of ce
22、rtificate, Party A shall complete the application for additional audit, change, suspension or withdraw of relevant certificate and related formalities:a) Significant change of the system, including organizational structure, basic establishment and operational procedure;b) The certificated organizati
23、on goes into liquidation or ownership shifts, including incorporation, purchase or joint venture of the organization; (applicable for QS-9000, violation against this item will be regarded as a major nonconformity, and an additional on-site audit should be implemented with the relevant fees paid by P
24、arty A)c) Significant accident of Quality/environment/security happens, and the related disposal actions;d) Significant complains from clients/interested parties;e) Validity of the system declines resulted from job-hopping of important technical or managerial personnel;f) Recall and disposal of reje
25、cts; (applicable for HACCP)g) Other incidents influencing food safety; (applicable for HACCP)h) Varietal change of products in the certification scope described with “product sort”.i) Information of the changes of applicable legal requirements;j) Part A received the information of “abolishment of Q-
26、I”, “awaiting improvement” and “quality reservation of new operation” Three Major Auto Corporations. (applicable for QS-9000）k) Other important information.Article 13 If Party A requests to change the content of its certificate, Part B will advise Part A to take necessary measures within one month f
27、rom the receipt of such request, and carry out relevant audit work.Article 14 Should any of the following circumstances occur during the term of validity of certificate, Party B shall suspend, on the basis of relevant rules, the use of such certificate and shall request Party A to take corrective ac
28、tions for such circumstance within a timeframe, and shall, if satisfied with the result of Party As corrective actions, notify Party A of permitting to continue to use such certificate:1. Party A fails to clear any nonconformity identified in the process of audit within an agreed period;2. Party A f
29、ails to pay fees of audit, surveillance or any other expenses in due course of time;3. Party A complaint has been filed against Party A or an accident has occurred, due to Party As fault, without, however, causing serious consequences of product quality, environ mental impact or occupational health
30、and safety, etc.; and4. Party A fails to have itself supervised by Party B in due course due to its own fault. Article 15 Under any of the following circumstances, Party B shall withdraw Party As qualification for certificate/register:1. Party A files the application for such withdraw;2. Party A fai
31、ls to take corrective actions upon the expiry of the term as defined in Article 14 hereof;3. Party A fails to apply for reassessment and change of certificate upon the expiry of the validity thereof;4. Party A has caused accident which lead to serious consequences;5. Party A violates the contract of
32、 both sides, or strictly damages Party Bs reputation.Article 16 Party B undertakes to observe confidentiality in respect of any information or any document not fit for public disclosure of Party A that comes or may come to its knowledge in the process of audit work. Article 17 Either party hereto ha
33、s the right to notify the other party to modify or dissolve this contract. Notice or agreement to that end shall be in writing in advance.Article 18 Either party shall, during the term of this contract, indemnify and hold harmless the other party against any loss or liability arising out of its own
34、liability. Details for Indemnification shall be determined by both parties through consultations.Article 19 Party B will make the judgment according to the collected representative objective evidence through on-site audit; if the loss is caused by Party As implementation violating the management sys
35、tem or party As fault, it will be Party As liability.Article 20 Any dispute arising out of or in connection with this contract will be resolved through amicable consultations, and shall, in the absence of a satisfactory award, be brought before a competent court of the Peoples Republic of China.Arti
36、cle 21 The contract becomes valid upon execution of signature and seal by both parties, and invalid when the certificate is abolished. Before the term of validity of certificate is due, Party B will implement re-audit for Party A, and the related fees shall be ensured by both parties through new quo
37、tation. Article 22 Any matter not contemplated herein shall be determined by both parties hereto upon mutual agreement by way of supplementary agreement. The supplementary agreement shall have the same effect and force as this contract.Article 23 This contract is made in triple, with each party hold
38、ing one copy thereof, and one additional copy reserved for Party B for accounting purposes.Party A:Party B:Address:Account Name:Telephone:Opening Bank: Fax:Account Number:Authorized signer:Authorized signer:(seal)Signature(seal)SignatureDate:Date:Attachment to the general terms and conditions of con
39、tract for the QMS- KBA certification1. Additional requirements according to KBAA prerequisite for the issue of these certificates is an existing system according to ISO 9001 and is being audited at the same time. The KBA requirements take into consideration the Road Traffic Laws according to RREG70/
40、156/EWG, Annex X. or 2003/37/EC (74/150/EEC) on the type approval for agricultural or forestry tractors on wheels or 2002/24/EC (92/61/EEC) on the type approval for two- or three-wheeled motor vehicles. These requirements are covered in the supplemental KBA Road Traffic Law questionnaire.The CQC is
41、to be informed of activities within areas regulated by law prior to the beginning of the certification procedure.2. Additional information Certification is not identical with initial assessment granted by the approval authority.production orders or power of attorney concerning approved products may
42、only be granted after the relevant agreement of the KBA.Interruptions of production for more than 12 months are to be notified to the CQC and the KBA.The KBA is to be informed immediately from the CQC about any change as against the contends of the certificate.In case of changes of the standard form
43、ing the basis of the certificate it is to ensure by contract, that the certificates are adapted after expiration of a transitional period.Any planned change as against the condition noted in the approval is to be notified directly and prior to its effectiveness to the KBA.The measures required from the manufacturer in the prescriptions of road traffic law (e.g. monitoring of the product) are not effected by the certification.For justified special cases the KBA may demand protocols and audit reports for obtaining the initial assessment.Edition: 2005Issue/Amendment Date: 01/01/2005Page 9 of 8
