Quality and control standardization agency is a Parastatal established by Act No. 56 of 1971 with several amendments and currently governed by LQSA ACT 2015, which expression shall where the context so admits, include its successors in title and assigns of one part, has the authority to certify management systems amongst other functions.

CONTRACT TERMS & CONDITIONS

It is agreed that this contract shall be construed in accordance with the laws of Oman and the execution hereof shall be deemed to have taken place within Oman . Each party hereby agrees that jurisdiction for the resolution of any dispute shall be in the Courts of the of the kingdom of Oman .

1. Rules for certification and audit

These contract terms and conditions shall constitute a legally binding and enforceable contract between LQSA and the client herein referred to as the client). The stipulations of the internationally accepted general rules for the management system certification shall apply to this agreement as well as the ‘normative standard’ and the rules set out below.

2. Duties and obligations

This is a specific certification and shall only apply and relate exclusively with respect to the management system for the “scope of certification” that the client shall operate or continue to operate from the client’s premises situated at …………………………………….

2.1 Duties& Obligations of LQSA

a. This certification shall be registered by LQSA and the client’s name entered into LQSA register of certified systems where the client fulfills all the contract terms and conditions.

b. LQSA shall issue the client with a certificate covering all the sites within the scope of certification applied for by the client.

c. LQSA shall reserve the right to amend, alter, add or delete any part of these contract terms and conditions, where such action is deemed necessary for the smooth operation of the scheme upon prior consultation with the client.

d. LQSA shall provide appropriate and timely information on the audit and certification process and about the certification status (i.e grant, suspension, reduction of scope, or withdrawal of certification or audits in response to investigations) to specific interested parties to be agreed by LQSA and the client.

e. LQSA shall give the client due notice of any changes to LQSA requirements for certification.

f. Upon request by any party, LQSA, with client consent, shall correctly state the status of the client’s management system as being valid, suspended, withdrawn or reduced.

g. LQSA reserves the right to terminate an audit in cases of obvious and demonstrated lack of interest or opposition by the senior management regarding audit and where members of the audit team are threatened, blackmailed or bribed.

h. LQSA reserves the right to publicly display the certification status of all its clients on its website.

2.2 Duties& Obligations of the client

a. For applications to be processed, clients must have:

• i. a management system (covering all the requirements of the applicable standard) that has been operational for at least Six (6) months.
• ii. Conducted at least One (1) internal audit covering the entire system including taking effective corrective action on all the findings
• iii. Conducted at least one (1) Management review.

b. The client shall give LQSA auditors and the body accrediting LQSA access to all premises, facilities and sites, which are the subject of certification with prior notification during normal working hours of the premises, facilities and sites involved.

c. Client must make available to LQSA all information including documents deemed necessary by it, in order to complete the assessment program or accommodate a pre-assessment visit of LQSA client officers at a charge to gather information.

d. Client must undergo a minimum of Stage I & II audit before certificate issuance.

e. All the findings of audit shall be brought to the attention of the Client and recorded.

f. Accept findings in the final audit report submitted based on the outcome of technical review which may include other/additional NCs and/or opportunities for improvement identified

f. Clients must take corrective actions on all identified Non-conformities within Ninety (90) days for all audits except stage I which shall not exceed One hundred and eighty (180) days.

g. The client must undergo a limited audit following any major non-conformity (at a cost to the client) before proceeding to the next step in the certification process. Limited audits must not exceed 180 days from the date the Non-conformity was raised.

h. The certified client shall inform LQSA without delay, the occurrence of a serious incident or breach of regulation necessitating the involvement of the competent regulatory authority.

3. Agreement Period

The contract between LQSA and the client starts upon receipt and acceptance of client's endorsed enquiry form. The initial contract shall be for 3 years, renewable by default after every 3 yearly re-certification audit and re-issuance of certificate. The Client shall ensure that responsibility for Management System related activities is clearly defined and communicated to LQSA, by appointing a designated person who is authorized to maintain contact with LQSA. Any change to the designated appointee shall be communicated to LQSA in writing. However, contract can be terminated by either party upon prior notification in accordance with the rules stated herein below.

4. Fees

LQSA charges the clients for all stages of audit. Fees will be detailed in the Quote submitted to a Client. As costs are based on the charge rate applicable at the time of presenting a Quote, LQSA reserves the right to review charges during the certification period.

These will include costs resulting from:

• Repeats of any part, or all, of the assessment program due to the initial certification/registration requirements not being met
• Additional work due to suspension, withdrawal and/or reinstatement of a Certificate
• Re-assessment due to changes in the Management System
• Where a client has requested a transfer from another certification body and a certificate has been issued prior to surveillance audit, LQSA shall issue certificate free of charge, where visitation to site is not required provided that the surveillance audit will be paid for.

Charges payable to LQSA by the Client that are related to Management Systems Certification audits shall be in Dollar and classified as follows: Administrative Charges: Covers the information gathering, processing and activities of contract review that are relevant to the certification process. Audit charge: This is the charge for delivering the service. This is based on the estimated number of man-hours necessary for the on-site activities and shall vary depending on the size of the processes within the scope, complexity of the processes and competence of personnel. This shall be based on an 8-hour working day (including all relevant breaks) and can be obtained from LQSA for the applicable business sector of the Client’s.

Note:

All fees and additional charges are subject to local taxes of Oman.

5. Confidentiality

LQSA is responsible for ensuring that confidentiality is maintained at all levels of its Organization concerning information obtained from the Client in the course of its  certification and shall be liable for any breach in this respect. LQSA will inform our client, in advance, of the information we intend to place in the public domain. All other information, except for information that is made publicly accessible by the client, shall be considered confidential.

Except as required, information about a particular certified client or individual are not disclosed to a third party without the written consent of the certified client or individual concerned. As required by law or authorized by contractual arrangements (such as with our accreditation body) to release confidential information, the client or individual concerned shall, unless prohibited by law, be notified of the information provided.

Liability

LQSA and body accrediting LQSA shall not be involved or cited by the client in any litigation arising from its activities, including products produced, sold or any services offered.  LQSA shall not be liable for any losses or damages incurred. The client undertakes to indemnify LQSA against any losses or damages suffered by LQSA arising from the Client’s neglect of LQSA Audit-personnel and the absence of contributory neglect whilst in the Client’s premises or in the event of misuse of the Certificate of certification and certification mark or any claims actions, cases and all attendant cost that may arise.

7. Certification Audits

Client shall undergo a successful on-site stage I audit before proceeding to stage II. The interval between stages I &II shall not exceed one hundred & eighty (180) days otherwise; application is forfeited at no refund.

8. Surveillance Audits

a. LQSA shall carry out surveillance audits periodically as specified herein below:

CATEGORIES NUMBER OF SITES INTERVAL OF SURVEILLANCE

• Category A 1-199 Annual audits
• Category B 200 & above Bi-annual audits

The surveillance audits shall be conducted on the dates indicated in the certificate letter and audit program.

LQSA shall issue a continuing certification letter or otherwise following each surveillance audit based on the recommendation of the audit team.

9. Recertification Audits

The recertification and renewal of certification may be done after three (3) years and shall be preceded by a full audit to be conducted at least one month before expiry unless otherwise agreed in writing between the parties.

10. Publicity

A client may make reference in communication media that its management system has been certified and may apply the relevant mark of conformity to stationery and promotional material relating to the scope of certification. In every case, the client shall ensure publications and advertising are devoid of any confusion between activities not covered in certification scope. The client shall not make any claim, which could mislead third parties to believe that a product, process or service has been registered when, in fact, it has not.

11. Use of Certification mark and logo

• The Certification Mark only will be used in the manner prescribed herein and in the Certificate.
• The Certification Mark will be used only in relation to its scope of certification and locations covered.
• The Certification Mark Communication Media will not be in such a way as to create confusion between matters referred to in the scope of certification and other matters.
• The Certification Mark will not be on products including laboratory test, calibration or inspection reports or certificates or their primary packaging in order to avoid confusion

with product certification.  However, it may be used on larger boxes or over-packaging that can be reasonably considered as not reaching end-users but only in association with a statement that the product was manufactured in a plant whose management system has been certified.

e. The Certification Mark can be on stationery such as sales and contractual documents, letterheads, business cards, invoices, compliment slips, delivery slips, on advertising such as advertisements, displays, posters, TV advertisements, promotional videos, web sites, brochures, on outdoor advertisements such as billboards and signs, on flags, on vehicles, on window stickers, on promotional goods such as pocket diaries, coffee mugs, coasters, doormats.

• When used on flags, on vehicles, on larger boxes or on over-packaging not reaching end users, on window stickers, on promotional goods such as pocket diaries, coffee mugs, coasters, doormats, the Certification Mark shall be used without the Accreditation Mark.
• The Certification Mark or the Accreditation Mark will not be used on test reports or certificates of compliance such as calibration certificates or certificates of analysis.
• Client will not, during the period of validity of the Certificate or thereafter, register or attempt to register the Certification Mark or any imitation thereof, make nor assert any claim of ownership to the Certification Mark and dispute the right of the Certification Body.
• Upon the suspension, withdrawal or cancellation a Certificate, concerned company shall forthwith discontinue the use of the Certification Mark or any reference thereto, of the Accreditation Mark and will not thereafter use any copy or imitation thereof.

In case of take-over or merger, written permission from the Certification Body is mandatory in order to transfer the right to use the Certification Mark. LQSA has rules governing the use of any statement on product packaging or in accompanying information that the certified client has a certified management system. Product packaging is considered as that which can be removed without the product disintegrating or being damaged. Accompanying information is considered as separately available or easily detachable. Type labels or identification plates are considered as part of the product. The statement shall in no way imply that the product, process or service is certified by this means. The statement shall include reference to:

• identification (e.g. brand or name) of the certified client
• the type of management system (e.g. quality, environment) and the applicable standard
• the certification body issuing the certificate.

MONITORING OF THE CLIENT

LQSA may during the entire period of validity of the Certification Mark and statement make or entrust a representative to make all checks deemed necessary.

PENALTIES AND APPEAL

In case of improper use of the Certification mark, the LQSA may forthwith suspend or withdraw the certification and the right to use the Certification Mark in accordance with the sanctions procedure that will be provided by LQSA upon request. The Client may appeal the LQSA decision in accordance with the appeal procedure that will be provided upon request.

RENUNCIATION

The Client may renounce or suspend the use of the Certification Mark for a certain period of time. It will give LQSA written notification 30 working days in advance and make all changes regarding its Communication Media. Based on this information the LQSA shall inform the Client of the terms and conditions for temporary or definitive termination of use of the Certification Mark.

CHANGES TO THE LEGISLATION

LQSA complies with all national and international laws, regulations and standards in force concerning the right to use the Certification Mark or the conditions for obtaining said right. It will give the Client notification of the changes thereto and the Client will be obligated to apply all modifications resulting from said changes.