Common use of Non-Issuance of Certificates Clause in Contracts

Non-Issuance of Certificates. DQS India may only issue Certificates if all requirements have been fulfilled following the assessment (initial/re-assessment). In case of non-fulfillment, the assessor documents the shortcomings in a nonconformity report and/or otherwise identifies the restraints which must be complied with in order for a certificate to be issued. All non-conformances or restraints must be eliminated or complied with within the timeframes identified in the audit report. If necessary, DQS India will repeat the assessment in full or in part. The resulting costs will be invoiced to Customer based upon the effort required. If the non-conformances have not been eliminated or if the prerequisites for the granting of a certificate have not been achieved even after follow- up assessments, the certification procedure will be concluded by the issuance of a report without a certificate. Customer understands that it is liable to make complete payment of the assessment invoices even if the certificate is not issued. If Customer’s management system is found to conform to the applicable Requirements, Customer will receive a Certificate. Upon issuance of a Certificate, a surveillance service will be established and the name of Customer and of the scope of Certification will appear in DQS India published records. The establishment and maintenance of Certification is contingent upon the execution of this Agreement and the continued adherence to its terms and conditions by Customer. Customer agrees that it will cooperate with DQS India in ascertaining the facts if it is reported that Customer's management system and/or goods or services are not in conformance with the applicable Requirements, including sharing such information as Customer acquires regarding the reported nonconformance, and to take and report to DQS India on any corrective action necessary. Customer agrees that the surveillance service and any special assessments conducted by DQS India are designed to serve only as a check on the means the Customer exercises to determine conformance of its management system with the applicable Requirements, and that Customer is in no way relieved of its responsibility for its management system and those goods or services within the scope of the Certificate.