CQC管理体系认证合同英文.doc

CQC管理体系认证合同英文

16
2020年5月29日
文档仅供参考

MANAGEMENT SYSTEM CERTIFICATION CONTRACT

Ref. No.

Party A

Address

Telephone

Fax

Legal Representative

Contact Person

Party B: CHINA QUALITY CERTIFICATION CENTRE
Address:
Section 9, No.188, Nansihuan (the South Fourth Ring Road) Xilu (West Road), Beijing 100070, P.R.China

Telephone
Fax

Legal Representative:

Contact Person

Address

Telephone

Fax

GENERAL TERMS AND CONDITIONS

Article 1 Part A and Part B hereby undertake to, in pursuance of relevant provisions of the Contract Law of the People’s Republic of China, sign, observe and to be bound by the 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 A’s by Part B.
r QUALITY MANAGEMENT SYSTEM
r ENVIRONMENTAL MANAGEMENT SYSTEM
r OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT SYSTEM
r HACCP SYSTEM
r QS-9000 QUALITY MANAGEMENT SYSTEM
r 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/T28001-
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 :94
CQC will carry out certification work on the basis of Requirement of Quality Management System/QS-9000: the 3rd edition appendix B—Implementation Criteria of Quality Management System Certification Agency.
r Part A’s system manual and relevant documents on the basis of the above standards
r Relevant laws and regulations
r Other
Article 4 Audit fees are determined on the basis of fee 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: settlement 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. Establish 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 working 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 A’s reputation in the period of propagating the certification result;
11. At the request 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 the nonconformity, including (or predisposing) factors within Party A’s 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 related 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 abide 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 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 without 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 A’s system after the issuance in favor of Party A.
Article 8 Audit work may subject to Party A’s consent, be suspended if a major 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 expenses 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 B’s liability.
Article 10 After the follow-up verification, if the audit 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 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 work—audit processes, audit behavior, or audit result, it may find solution through consultation with the Audit Centers, CQC, or the Governing 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 certificate, 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 organization 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 Party 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 rejects; (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-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 from 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 actions for such circumstance within a timeframe, and shall, if satisfied with the result of Party A’s 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 fails 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 A’s fault, without, however, causing serious consequences of product quality, environ mental impact or occupational health and safety, etc.; and
4. 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 A’s qualification for certificate/register:
1. Party A files the application for such withdraw;
2. Party A fails 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 both sides, or strictly damages Party B’s 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 has 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 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 A’s implementation violating the management system or party A’s fault it will be Party A’s 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 People’s Republic of China.
Article 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 quotation.
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 holding 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)

Signature

Date:
Date:

Attachment to the general terms and conditions of contract for the QMS- KBA certification
1. Additional requirements according to KBA
A 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 RREG 70/156/EWG, Annex X. or /37/EC (74/150/EEC) on the type approval for agricultural or forestry tractors on wheels or /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 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 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 forming 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.