DUTIES OF THE OPERATOR:
a) The Operator confirms that he/she is familiar with the corresponding regulations and that referring regulations are followed throughout the entire operation for which certification is applied for. The most current regulation applies at any given time. The regulations are an integral part of this contract.
b) Operator confirms that, if the certification applies to ongoing production, the certified product continues to fulfill the product requirements that relates directly to a product, specified in standards or in other normative documents identified by the Biocert International Pvt Ltd.
a) The operator keeps records of his activities for inspection & certification purpose.
b) The operator agrees to grant the Agency or person authorized by the Agency entry to land and buildings, the right to view documents and to take samples, and the right to view data relevant for the inspection and certification. This applies to entire area of the operation including organic and conventional parts and to any parts subcontracted by the operator. Inspections can take place at any time.
c) The operator agrees that authorities and accreditations bodies herein after mentioned as the competent authorities relevant for certification by the Agency may get same access to premises and data as the Agency.
d) The operator agrees that his name and address, the scope of the certification and the products covered by the certification may be published by BIOCERT INTERNATIONAL PVT LTD.
e) The operator agrees that BIOCERT INTERNATIONAL PVT LTD may subcontract third parties for inspection or analysis activities.
f) Operator agrees to maintain written agreement with clear responsibilities of a all the parties involved in the chain of certified production
g) Operator agrees to provides copies of the certification documents to others, the documents shall be reproduced in their entirety or as specified in the certification scheme;
h) Complies with the CB requirements in making reference to its certification in communication media such as documents, brochures or advertising, & notify the certification program of any changes
a) Uses certification only to indicate that products are certified as being in conformity with specified standards. b) Operator confirms to comply with any requirements that may be prescribed in the certification scheme relating to the use of marks of conformity, and on information related to the product; a) Endeavour's to ensure that no certificate or report nor any part thereof is used in a misleading manner b) Does not use its certification to bring disrepute to the CB, Does not make statement which is misleading or unauthorized c) The operator agrees to do the following if he has applied for certification according to applied organic standards d) Operator agrees to provide information regarding previous and current certification. e) Operator agrees to keep a record of all complaints made known to it relating to compliance with certification requirements and makes these records available to the certification body when requested, and takes appropriate action with respect to such complaints and any deficiencies found in products that affect compliance with the requirements for certification; f) Operator agrees to documents the actions taken against complaint; g) The operator informs the certification body, without delay, of changes that may affect its ability to conform to the certification requirements. (Examples of changes can include the following: the legal, commercial, organizational status or ownership, organization and management (e.g. key managerial, decision-making or technical staff , modifications to the product or the production method, contact address and production sites, major changes to the quality management system.)
h) do not put up for sale any product "represented as organic" or bearing the word organic or its derivatives until it has been informed by the Biocert international pvt ltd that the products are certified.
The operator agrees:
- to perform the operations in accordance with applied organic standards
- Operator agrees shall not switch in and out to certification programme from the certification system.
- to accept, in the event of infringement or irregularities,
- to accept to inform in writing the buyers of the product in order to ensure that the indications referring to the organic production method are removed from this production."
- to initiate procedures either to withdraw from this product any reference to the organic production method or to separate and identify the product in the event of a suspicion that a product he has produced, prepared or imported or been delivered from another operator is not in compliance to this regulation and to put it into processing or packaging or on the market after elimination of that doubt, unless it is placed on the market without indication referring to the organic production method.
- to withdraw all products labeled with certification claim from the market with immediate effect, in case of decertification or withdrawal of certification from the agency
- Return any certification document as required by the CB on suspension or cancellation
- provide access to all relevant documentation including financial records to both certification and accreditation personnel.
- Make claims regarding certification only in the respect of scope for which certification is granted
- Discontinue to use of all advertising matter that mention certification upon suspension, withdrawal or termination of certification
- on behalf of myself and my subcontractors that the different inspection bodies or authorities there can exchange information on the operations under their inspection and on the way this exchange of information can be implemented.
- to submit the applicable fees charged by the certifying agent
- Operator makes all necessary arrangements for :
- Permit and make arrangements for on- site annual inspections/surveillance inspections (if required) including provision for examining documentation and records with complete access to the relevant equipment, location (s), area (s) production or handling operation including and if applicable non-certified production and handling areas, structures, and offices, personnel and operators subcontractor by the certifying agent
- Investigation of complaints and for resolution of complaint against certified operations or produce
- The participation of observers, if applicable
- Maintain all records applicable to the organic operation for not less than 5 years beyond their creation
- Establish, implement, and update annually an organic production or handling system plan that is submitted to Biocert International Pvt Ltd
- Agrees to immediately notify the certifying agent concerning any:
- Application, including drift, of a prohibited substance to any field, production unit, site, facility, livestock, or product that is part of an operation;
- Change in a certified operation or any portion of a certified operation that may affect its compliance with the Standard.
- Agrees to maintain or improve the natural resources of the operation, including soil and water quality.
- take any action as required by the certification body in case of suspension or termination;
PROTECTION OF INFORMATION:
All data pertaining to the relevant operation for which is subjected to the inspection and certification system is considered confidential and is handled with the supreme secrecy. This non-disclosure agreement does not apply to relevant competent authorities. The revocation of certification may be made public.
CONTRACT VIOLATIONS :
The Agency may impose sanctions according to the Agency's scale of sanctions, in case of violation of this contract or the regulations as per application, The scale of sanctions is an integral part of this contract.
The Agency reserves the right to amend the scale of sanctions. The Agency shall inform the operator of the amendment one month before it will be valid, if a violation of the regulations results in financial damage to the Agency or a third party, the operator will be held accountable for the payment of said damages, independent of any sanctions already carried out. The liability of the CB is limited to a maximum of the inspection and certification fees paid by the operator.
The authority to settle the dispute arising out of the contract or regarding the terms there of shall be the authority specified in this regard in the operating manual.
If an operator has cause to complaint to the Certification Body then the complaint should be made in writing, without delay, and addressed to the Quality Manager, Biocert International Pvt Ltd Certification. The complaint will be acknowledged, and thoroughly investigated. If considered appropriate the complaint will be passed to the Management Committee for independent investigation.
The complaint will be kept informed of progress during the investigation. The complaint will be closed following satisfactory conclusion of the investigation. Following closure the complaint will be advised in writing that the investigation has reached its conclusion, and the details of any outcomes.
The operator has a right to appeal any decisions made by the Certification Body. Notification of the intention to appeal, and subsequently details of the appeal, must be made in writing to the Quality Manager, Biocert International Pvt Ltd Certification. Following receipt of an appeal Biocert International Pvt Ltd Certification will convene as soon as practicable, and in any event within 30 days of receipt of the appeal, a meeting of the independent Appeals Committee.
The decision of the appeals committee shall be final and binding on both the operator and Biocert International Pvt Ltd Certification. Once the decision regarding an appeal has been made, no counter claim by either party in dispute can be made.
In instances where the appeal has been successful no claim can be made against the Certification Body for reimbursement of costs or any other losses .
SIGNIFICANCE OF CERTIFICATION
Certification should not be regarded as in any way diminishing the normal contractual responsibilities between the Client and its customers. While the certification is the indication of the integrity and competence of the Client, it does not constitute a guarantee by the Biocert International Pvt Ltd of the competence of the Client in any particular case.
Biocert International Pvt Ltd is in no way responsible for the charging arrangement between a Client and its customers.
LIMITATION OF LIABILITY
Biocert International Pvt Ltd undertakes to exercise due care and skill in the performance of the services and accepts responsibility only in cases of proven negligence. Biocert International Pvt Ltd shall not be liable to the Client nor to any third party:
- (a) For any loss, damage or expense arising from
- (i) ) A failure by Client 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 Certificate arising from unclear, erroneous, incomplete, misleading or false information provided to Biocert International Pvt Ltd.
- (b) 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 to reputation, loss 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 third party that may be suffered by the Client.
INDEMNITY INDEMNIFICATION BY OPERATOR
Operator shall defend, indemnify and hold harmless Biocert International Pvt Ltd and its affiliates from and against all losses, damages, liabilities, claims and expenses including all legal expenses and related costs and howsoever arising out of operators, or operators employee's, agent's, affiliate's or client's use, marketing, or implementation of the Intellectual Property, including but not limited to infringement by any third party of Biocert International Pvt Ltd's intellectual property rights therein.
Indemnification by Biocert International Pvt Ltd: Biocert International Pvt Ltd shall indemnify and hold harmless Operator and its affiliates from and against all losses, damages, liabilities, claims, and expenses (including all legal costs such as attorneys' fees, court costs and settlement expenses) arising out of, connected with, or resulting from any allegation that the use of the Intellectual Property by operator infringes upon the Intellectual Property rights of any third party. Operator will hold the accreditation body harmless for any failure on the part of Biocert International Pvt Ltd the provisions of the Act and regulation applied in section3 for organic certification. Biocert International Pvt Ltd has been covered under the indemnity insurance. Transfer to the Accreditation body or authorized persons all records or copies of records concerning to the person's certification activities in event of Biocert International Pvt Ltd dissolution or losses its accreditation; (such transfer shall not apply to merger, sale or transfer of ownership of the Biocert International Pvt Ltd).
This terms and conditions shall be construed in accordance with and governed by the Laws of International.
In any action or proceeding, including any arbitration (if arbitration is mutually agreed to by the parties), seeking to enforce any provision of based on any rights arising out of, or related to or concerning the agreement, and the parties hereby agree to submit to the exclusive jurisdiction of the Indore Courts. The parties further agree that in any such action or preceding the parties shall appear for deposition at their own expenses in Indore court. Biocert International Pvt Ltd at such time as is either mutually agreed upon by the parties or ordered by the court.
INSPECTION AND CERTIFICATION FEES
The fees for certification shall be prescribed by the Biocert International Pvt Ltd and may change the fees from time to time. Fee schedule will be provided to the approved applicants by the Biocert International Pvt Ltd wherein subject to revision as appropriate without prior notice to an Applicant / Certified Organization. All fees paid by a Client are non- refundable.
Additional fees shall be charged for operations that are not included in the agreed programme and for work required due to non-conformances being identified. These will include, without limitation, costs resulting from;
(a) Additional work due to suspension, withdrawal and/or reinstatement of a Certificate.
(b) Reassessment due to changes in the management system or products, process or services; or
(c) Compliance with any subpoena for documents or testimony relating to work performed by Biocert International Pvt Ltd.
Biocert International Pvt Ltd reserves the right to cease or suspend all work and/or cause the suspension or withdrawal of any certificate for a Client who fails duty to pay an invoice. All invoices shall be paid within 30 days from the date of issue regardless of the outcome of the audit. Biocert International Pvt Ltd may elect to bring action for the collection of unpaid fees in any court having competent jurisdiction. Client shall pay all Biocert International Pvt Ltd collection costs including reasonable attorneys' fees and related costs.
Client agrees to indemnify and pay Biocert International Pvt Ltd all taxes, levies, and duties including, but not limited to, goods and services tax or withholding tax which the Committee may be liable to pay as a result or providing the services to the Client.
TRANSFER OR ASSIGNMENT
Operator shall not assign, transfer, or sublicense the use of any of the Intellectual Property, or to allow their use by any subsidiary organization not inspected and certified by Biocert International Pvt Ltd. If Operator becomes aware of any such use, Operator agrees to inform Biocert International Pvt Ltd and to take any remedial measures deemed appropriate by Biocert International Pvt Ltd.
Without limiting any other provision of this Agreement, the following provisions shall apply:SURRENDER and Notice of Noncompliance
The Operator may surrender organic certification at any time. If the Operator misses the annual information update deadline, Biocert International Pvt Ltd will send the Operator a Notice of Certification Contract and Trademark Use Agreement Non-compliance of certification. This Notice shall provide the Operator with a 21-day period to take corrective measures.
Breach by the Operator of any clause of this Agreement, including without limitation unauthorized use of the Intellectual Property, shall constitute grounds for Biocert International Pvt Ltd to terminate this Agreement and Operator's certification. If a breach occurs, Biocert International Pvt Ltd will give Operator written notice of noncompliance, requesting corrective measures acceptable to Biocert International Pvt Ltd. If Operator does not cure the breach or default within fourteen (14) days of such notice, Biocert International Pvt Ltd may terminate this Agreement. Biocert International Pvt Ltd reserves the right to pursue any other legal remedy available to it, including but not limited to any action to recover damages and to remedy trademark infringement, and may notify third parties of termination. Upon termination of this Agreement, Operator will immediately cease the use of the Intellectual Property in operations, in conducting new sales, or in a manner that implies that Biocert International Pvt Ltd certification is in effect. In the event of breach, Operator assumes full responsibility for the removal of its products containing the Intellectual Property from the market.
ATTORNEY FEES AND COSTS
In the event of a default under this Agreement, the defaulting party shall reimburse the non defaulting party for all costs and expenses reasonably incurred by the non defaulting party in connection with the default, including without limitation attorney fees, and whether or not a suit or other form of dispute resolution is filed.
Biocert International Pvt. Ltd strictly follows personnel procedures that will ensure equal opportunity for all operators without regard to race, color, gender identity, religion, age, ancestry, national or ethnic origin, marital status, disable status, variable income groups. Biocert International Pvt. Ltd Non- discrimination policy is applied to the same extent to retain impartiality. Biocert International Pvt. Ltd would like to reaffirm this policy and call upon all personnel to effectively pursue the policy as stated.
The inspection and certification process is confidential among the inspector, the inspected party, BIOCERT INTERNATIONAL PVT LTD. Biocert International Pvt. Ltd maintains strict confidentiality with respect to its operators under the applicable organic certification program and does not disclose to third parties (with the exception of the Secretary or the applicable State organic program's governing State official or their authorized representatives) any business-related information concerning any operator obtained while implementing the regulations.