Certification Procedure

The certification process outlined in this proposal adheres to requirements and includes the following stages:

1.     Application Review

• Review of application and supporting documentation to confirm that the client’s management system is ready for assessment.
• Ensure that the scope of certification is clearly defined and agreed upon.

2.     Audit Stages

• Stage 1 – Documentation Review: Evaluation of the client’s management system documentation (manual, procedures, etc.) to assess readiness for Stage 2. This is usually conducted on-site or remotely.
• Stage 2 – Certification Audit: Evaluation of the implementation and effectiveness of the management system. The audit will be conducted on-site to verify that the system meets the requirements of the relevant ISO standards.

3.     Certification Decision

Upon completion of the audit, a certification decision will be made by an independent competent person within our certification body, ensuring impartiality and confidentiality principles.

4.     Surveillance Audits

Regular surveillance audits will be conducted (typically annually) to verify the continued compliance and effectiveness of the management system.

5.     Recertification

After the certification cycle (usually three years), a recertification audit will be conducted to assess the ongoing compliance and continuous improvement of the management system.

6.     Suspension and Withdrawal of Certificate

3.1 Certificate Suspension

• Reasons for Certificate Suspension:

Management system can be suspended to Customer following these facts:

• Surveillance/short-notice surveillance audit results show that the Customer does not fulfil all requirements specified in clause-1.
• Non-elimination of serious nonconformities within agreed term (max 60 days) discovered during surveillance/short-notice surveillance audit,
• Non-allowance of surveillance audit performance within the term according to Certification Agreement,
• Non-allowance of short-notice surveillance audit performance,
• Breaking of information duty – in communication of changes, which essentially influence Management System Certification & Management System function,
• Misuse of “certification body” Certificate or certification mark,
• Non-performance of any obligation against “certification body” – not even within 30 days after the fulfilling term,
• Procedure of Certificate Suspension.

In a case of determination of some facts specified in point 1. “Certification body” shall issue “Decision on Certificate Suspension”, where the reasons for Certificate Suspension and requirements for Certificate renovation achievement are specified. This decision is delivered to the Customer and the information about certification Suspension is published on “certification body” web page.

• The Certified Party has no right to use “certification body” Certificate and certification mark nor to refer to certification during Certificate Suspension. Maximum term for Certificate Suspension is 60 days from the publishing date of the Certificate Suspension information on “certification body” web page. If the reason for the Certificate suspension continues after the expiration of mentioned term, “certification body” shall withdraw the Certificate definitely.
• If requirements specified in Decision on Certificate Suspension were fulfilled within appointed time, “certification body” shall issue “Decision on Certificate renovation”.

3.2 Certificate withdrawal

• Reasons for Certificate withdrawal:

Management System Certificate withdrawal can be executed following these facts:

1. The reason for Certificate Suspension was not eliminated within appointed time 60 days,
2. Determination that the Customer uses Certificate or refers to it during the Certificate Suspension time,
3. Assets of customer is bankrupt, or the bankruptcy proceeding was rejected or stopped because of lack of assets or a petition for bankruptcy was not filed propter the assets is insufficient for the payment of preliminary administrator expenses,
4. The Customer

• Procedure for Certificate withdrawal:

In a case of determination of some facts specified in point 1. “Certification body” shall issue „Decision on Certificate withdrawal “, in which the reasons for Certificate withdrawal are specified.

1) Suspension: the CB shall immediately suspend certification when a critical nonconformity is issued and/or there is evidence that their client is either unable or unwilling to establish and maintain conformity with Scheme requirements

2) Withdrawal: the CB shall withdraw a certificate when:

1. a) the status of suspension cannot be lifted within six (6) months.
2. c) any other situation where the integrity of the certificate or audit process is severely compromised.

3) Scope reduction: When the CB has evidence that their client holds a certificate whose scope exceeds their capability or capacity to meet scheme requirements, the CB shall reduce the certification scope accordingly. The CB shall not exclude activities, processes, products or services from the scope of certification when those activities, processes, products or services can have an influence on the Certification of the end products as defined in the scope of certification.

The following three (3) criteria apply.

1. The Elite QSC shall suspend a certification when there is evidence that their client is either unable or unwilling to establish and maintain conformity with Scheme requirements within the time frames applicable to the clearance of major nonconformities.
2. The Elite QSC shall withdraw a certification when there is evidence that their client is either unable or unwilling to establish and maintain conformity with Scheme requirements, within the timeframes applicable to the clearance of critical nonconformities.
3. When the Elite QSC has evidence that their client holds a certificate whose scope exceeds their capability or capacity to meet, the Elite QSC shall reduce the certification scope accordingly.

Examples include

1. The organization’s certified management system/Management System Certification has persistently or seriously failed to meet the Scheme requirements, including requirements for the effectiveness of the management system.
2. Immediate risk to the safety of the product impacting consumer health.
3. The certified organization does not allow surveillance or recertification audits to be conducted at the required frequencies.
4. The certified organization has voluntarily requested a suspension.

• Under the suspension the certification is temporarily invalid. The suspended certificate can be restored with 6 months if the issue of the suspension is resolved. In case the issue of suspension is not resolved then Elite QSC can either withdraw the certificate or reduce the scope of the certification.

• Elite QSC can reduce the scope of certification to exclude the part not meeting the requirements when the certified client has persistently or seriously failed to meet the certification requirements for those part of the scope of certification. Any such reduction shall be in-line with the requirement of the standard used for certification.

• Elite QSC shall make the decision on renewing the certification based on the result of the recertification audits as well as the result of the review of the system over the period of certification and complaints received from users of certifications.

7.     Certificate Issuance / Rights and Obligations of the Parties

The Certificate may only be awarded if the Customer complies with the requirements of respective standards/regulations.

In the event that the Customer fails to comply with the requirements after the Certificate awarded then “Elite QSC” shall be obliged to withdraw the Certificate.

The Elite QSC shall be obliged to notify the Customer of changes in certification procedures that have a direct influence upon it and shall be entitled and obliged to maintain and disclose a list of certified companies together with the area where the Certificate is valid.

Appeal against an act by Elite QSC, In a case that Elite QSC:

• Does not issue a Certificate to the Company, even after fulfilling the specified requirements.
• Withdraws or declares void a Certificate,
• The Company shall be entitled, within 30 days from the day of delivery of a notification of such a fact, to serve a notice of appeal against such act to the “certification body Body” Board of Directors. For the review of timeliness of filing an appeal, the imprint of a stamp of the post office that received the notice is definitive, not the date of its delivery.

In a case that the Customer does not invoke its right to appeal against the act by “certification body” stated in a), it shall be considered that it agrees with that act.

The notice of appeal must be in writing and addressed to the Elite QSC. In the notice of appeal, the Customer shall indicate the following:

• denomination “appeal “
• number and entering date of the Management System Certification Agreement
• act of “certification body body” that it appeals against
• reasons why it considers the act by “certification body” to be incorrect

“Certification body” Board of Directors shall be obliged to consider each appeal served by the Customer directed to it, regardless of whether it contains all formal particulars stated in Clause c).

Every client complaint and appeal are recorded, based on analysis of Client / Other Parties complaint and appeal, necessary actions are taken, and client is replied for closing the complaint and appeal. Elite QSC will identify the need for taking corrective and preventive action to prevent such complaints and appeal in future and accordingly the concerned person is informed. All the complaints and appeals received by the Organization will be closed within 7 working days after receipt of the complaint and appeal. Elite QSC – Certification Manager / Technical Manager is authorized for closing of complaint and appeal and shall be communicated to Client / Other Parties of complaint and appeal accordingly. 

The Certificate shall become valid on the day of its issue and shall remain valid as per mentioned date of validity like 3 or 1 year. To keep the Certificate valid during the three years, it is necessary to carry out the first and the second Surveillance Audit of the Certified Party at the time specified herein and with a result justifying validity of the Certificate. In justified cases “certification body” may order a short-notice surveillance audit.

Minimum 2 weeks before audit, the Customer shall be obliged to send to Elite QSC all documents related to the management system/products/processes, which are requested by Elite QSC (e.g. quality manual, other documented procedures, register of environmental aspects, risks analysis, Management System Certification review report, etc.).

Before the Certification Audit the Customer shall be obliged to carry out a complete internal audit of the company (all management system processes must be audited) and the management system review in the scope where the audit shall be carried out in compliance.

The Customer shall be obliged to enable the team of auditors of Elite QSC, the records regarding the area of validity of the management system, access to organizational divisions that the certification applies to and to provide all necessary cooperation that Customer may ask for.

After Certificate award the Customer shall be obliged to inform Elite QSC about all substantial changes in organization structure, which can essentially influence the management system.

The Customer shall be obliged to record and document to the auditor during the audit all complains regarding the management system and their solutions.

The Customer shall be obliged, after the awarding of the management system certificate, to comply with all requirements stated herein, as well as with requirements arising from respective technical standards or determined during the audit conduction, and to immediately notify Elite QSC of the failure to comply with them (if any).

The requirements under point 12 of this clause are mainly:

1. Specification, establishing and maintenance of the management system,
2. Monitoring the whole management system led by an authorized person for the management system; this person is authorized to give to the Customer definite expert instructions,
3. Internal audits conduction in all facilities of the Customer.

8.     Non-disclosure and Confidential Information Protection:

The Elite QSC shall be obliged to keep all and any information regarding the subject matter of the present agreement as well as facts that the Elite QSC discovers during its performance, strictly in a confidential manner.

The Elite QSC shall be obliged to protect and not to disclose any confidential information regarding the Customer that it acquires during the carrying out of the audit. Confidential information is above all any Information and facts constituting trade secret, business plans and any other information and facts about the Customer that are not generally known.

The Customer may revoke the non-disclosure obligation of the Certification Body subject to approval in writing.

The non-disclosure obligation shall equally apply to

1. Elite QSC employees,
2. Others, whose services are used by Elite QSC for the fulfilment of this Agreement.

The non-disclosure obligation referred in this Agreement shall not apply to any disclosure made by any of the parties, provided:

1. With the prior written approval of the other party.
2. As may be required by Applicable Laws or by the rules or regulations of any competent authority.

The Elite QSC shall be obliged not to disclose the content of the present Agreement and the facts that it discovers in connection with the acts by the Elite QSC during the performance of the subject matter hereof and which represent at the same time a trade secret, and facts that the Elite QSC expressly determines as facts that are not to be disclosed.

The non-disclosure and confidential information protection obligation survives even after termination of the present Agreement until the moment when the information in question enters in the public domain without the fault on the part of either of the parties.

9.     Liability and Indemnity:

We undertake to exercise due care and skill in the performance of the Services and accepts responsibility only in cases of proven negligence.

The total liability of Elite QSC to the Customer under this Agreement in respect of any claim for loss, damage or expense of any nature and howsoever arising shall be limited, in respect of any one event or series of connected events, to an amount equal to the fees paid to Elite QSC under the Agreement.

Elite QSC shall have no liability to the Customer for claim for loss, damage or expense unless arbitral proceedings are commenced within one year after the date of the performance by Elite QSC the service which gives rise to the claim or in the event of any alleged non-performance within one year of the date when such service should have been completed.

Elite QSC shall not be liable to the Customer nor to any Elite QSC:

 For any loss, damage or expense arising from (i) a failure by Customer to comply with any of its obligations herein (ii) any actions taken or not taken on the basis of the Reports or the Certificates; and (iii) any incorrect results, Reports or Certificates arising from unclear, erroneous, incomplete, misleading or false information provided to the Customer.

 For loss of profits, loss of production, loss of business or costs incurred from business interruption, loss of revenue, loss of opportunity, loss of contracts, loss of expectation, loss of use, loss of goodwill or damage to reputation, loss of anticipated savings, cost or expenses incurred in relation to making product recall, cost or expenses incurred in mitigating loss and loss or damage arising from the claims of any Elite QSC (including without limitation product liability claims) that may be suffered by the Customer; and

 Any indirect or consequential loss or damage of any kind (whether or not falling within the types of loss or damage identified in (b) above).

Except for cases of proven negligence or fraud by Customer , the Customer further agrees to hold harmless and indemnify Elite QSC and its officers, employees, agents or subcontractors against all claims (actual or threatened) by any Elite QSC for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising (i) relating to the performance, purported performance or non-performance, of the Services or (ii) out of or in connection with the Customer ’s product, process or service the subject of the certification (including, without limitation, product liability claims).

Each party shall take out adequate insurance to cover its liabilities under the Contract.

10.  Miscellaneous

If any one or more provisions of these General Conditions are found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

• Except as expressly provided for herein, the Client may not assign or transfer any of its rights hereunder without Customer prior written consent.
• Neither party shall assign the Contract without the prior written consent of the other Party such consent shall not be unreasonably withheld. Any assignment shall not relieve the assignor from any liability or obligation under the Contract.
• A Party giving notice under these General Conditions must do so in writing with such notice being hand delivered or sent by prepaid, first class post or facsimile to the address for the other Party as set out in the Application. A notice will be deemed received by the other Party:

(a) If hand delivered, on the date of delivery.

(b) If sent by first class post, three days after the date of posting.

(c) If sent by facsimile, the time indicated on the sending Party’s facsimile transmission confirmation message.

• The Parties acknowledged that Elite QSC provides the Services to the (Customer) as an independent contractor and that the Contract does not create any partnership, agency, employment or fiduciary relationship between Elite QSC and the Customer.
• Any failure by Elite QSC to require the Customer to perform any of its obligations under these General Conditions or the Contract shall not constitute a waiver of its right to require performance of that or any other obligation
• The parties acknowledged that this terms and condition is governed by the provisions of respective country laws.