Payment

1.       The CE marking conformity assessment fee is set out in the quotation issued by the company. By entering into contract, the applicant accepts the quotation.
2.       Payment shall be made in the agreed currency; if no currency has been previously approved, then all payments due are assumed to be in € (EUR)
3.       The initial payment will be 60% of the quotation. This shall be paid within three days of contract signing. After receiving cleared funds, the company should start work. When all contracted work has been completed but before the issue of any certification, the applicant shall pay the remaining balance. The quotation does not include the assessment team’s accommodation, subsistence, and travel expenses when on-site activity is required. These costs, if incurred, will be added to the final bill. The cost of any third-party testing found to be necessary is not included.
4.       Original copies of the certificates will not be released, and the certification will not become valid until payment in full is received.
5.       The assessment fee is not refundable, and certification will be withheld if the applicant cannot bring the equipment into compliance with the relevant EU Directives and Standards.
6.       The fee for all the services under contract will be paid to CTI-CEM International Ltd under the terms and conditions of the contract agreement.

Rights and obligations of the applicant

1. The applicant shall provide the company with a completed application form specifying the product and sample unit for which the conformity assessment service is required and all relevant documentation (in English).
2. The applicant shall implement corrective action(s) based on any non-compliances identified and provide evidence as required.
3. The applicant is responsible for the safety aspects of the product(s). The applicant is also responsible for ensuring that all product(s) conform to the specification of the sample(s) submitted for assessment and detailed in the relevant Technical Construction File (TCF).
4. The applicant makes all necessary arrangements for
   a) the conduct of the evaluation and surveillance (if required), including provision for examining documentation and records and access to the relevant equipment, location(s), area(s), personnel, and applicant’s subcontractors;
   b) investigation of complaints;
   c) the participation of observers, if applicable;
5. Upon suspension, withdrawal, or termination of certification, the applicant discontinues its use of all advertising matter that contains any reference to it and takes action as required by the certification scheme (e.g. the return of certification documents) and takes any other measure needed;
6. If the applicant provides copies of the certification documents to others, they shall be reproduced in their entirety or as specified in the certification scheme. The applicant shall always make claims regarding certification that are consistent with the scope of accreditation.
7. In referring to its product certification in communication media such as documents, brochures or advertising, the applicant complies with the requirements of CTI-CEM or as specified by the certification scheme;
8. The applicant shall always fulfil the certification requirements relating to using marks of conformity and information about the product. It shall also implement appropriate changes to the certification requirement(s) communicated by the Company;
9. The applicant shall not use its product certification in such a manner as to bring the certification body into disrepute and not make any statement regarding its product certification that the certification body may consider misleading or unauthorised;
10. The applicant shall be responsible for drawing up the Declaration of Conformity (DoC) following the relevant directive(s) requirements and shall retain it with the appropriate technical files. The technical files shall be kept for at least ten years from the last date of the product manufacture unless any other duration is specified in the relevant directives. The file shall be retained for at least 15 years for any Annexe IV machine under the Machinery Directive.
11. The applicant has the right to apply the CE mark and the company’s notification number in accordance with the defined requirements and directives and to accurately promote its certification (when awarded).
12. The applicant keeps a record of all complaints made known to it relating to compliance with certification requirements and makes these records available to CTI-CEM when requested and
    a) Takes appropriate action concerning such complaints and any deficiencies found in products that affect compliance with the requirements for certification;
    b) Documents the actions taken;
13. The applicant informs CTI-CEM, without delay, of changes that may affect its ability to conform with the certification requirements.
    NOTE: Examples of changes can include the following:
    a) The legal, commercial, and organisational status or ownership,
    b) Organization and management (e.g. critical managerial, decision-making or technical staff),
    c) Modifications to the product or the production method,

Rights and obligations of the company

1.       Once the contract is signed, the company is responsible for identifying and informing the applicant of the relevant directive(s) and standard(s) for conformity assessment.
2.       The company shall provide the applicant with the list of the parts of the TCF required for conformity assessment and any necessary explanation and guidance on the issues that must be clarified.
3.       The company shall identify the testing requirements and provide the applicant with a test schedule/an assessment plan.
4.       The company shall designate competent technical personnel for the conformity assessment and provide the applicant with information about the general requirements of CE marking.
5.       The company shall provide the applicant with an assessment report and a non-compliance report(s) for corrective action(s) (if appropriate).
6.       The company shall issue the certificate of conformity for CE marking to the applicant when the assessment process and any necessary corrective action(s) have been completed.
7.       The company shall advise the applicant of changes to the relevant directive(s) and standards and inform the applicant if action is necessary to maintain certification.

Contract law and appeals

1.       The relevant national law governs this contract and is subject to the exclusive jurisdiction of the applicable national courts.
2.       CTI-CEM International Ltd. is subject to the default rights and responsibilities applicable under Irish law and regulation.
3.       CTI-CEM International Ltd is subject to Irish law where appropriate to enforce the terms and conditions of this contract.
   Regarding appeals concerning certification, the relevant CTI-CEM Quality Management System procedure applies.

Validity of contract

This contract comes into force on the date on which the last of the two parties to the contract signs it. It shall also come into force upon the signing of two identical copies, one copy for the Applicant and one for the Company.

Termination

1.       This contract can be terminated at any time by the parties’ mutual agreement.
2.       If the applicant cannot bring the equipment and documentation into a condition suitable for certification within one year of the date that the contract comes into force, then the company reserves the right to terminate the contract without the client’s consent if it is deemed appropriate.
3.       If the contract is terminated before completion or if the applicant cannot bring the equipment and documentation into a condition in which certification is possible, the applicant is liable for all costs incurred by the company up to the date of termination.

Confidentiality

1.       The company shall not disclose information to any third party regarding a product or the associated technical data of the applicant, except as detailed below:

•         information which is lawfully in the public domain.
•         as directed by the Courts
•         as required by national enforcement organisations.

Note: When the Company is required by law or authorised by contractual commitments to release confidential information, the client or individual concerned shall, unless prohibited by law, be notified of the information provided.

2. The documents, including the checklist and template developed and used by CTI-CEM during the certification process, are the Copyright© and property of the company; the applicant must not copy or pass them to third parties without prior agreement.

Travelling Expenses

1.       For all travel not conducted in a company-supplied vehicle, the vehicle must be insured for business travel. A mileage allowance will be paid; the mileage will be determined using Google Maps.
2.       If an early start (before 7 AM) is required to reach a customer site, CTI-CEM will pay a subsistence allowance to cover the cost of breakfast.
3.       If a late finish (after 8 PM) occurs when returning from a customer site, then CTI-CEM will pay a subsistence allowance to cover the cost of an evening meal. If the working day exceeds 12 hours, including travelling time, CTI-CEM will pay an accommodation allowance to cover the cost of accommodation. This accommodation allowance should also include breakfast.

Note: All rates are subject to the maximum applicable at the time as determined by CTI-CEM.

Quotations

All quotations are valid for 30 days from the date of issue.

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