Issue No. 03 Dated:01-10-2018
Article 1. These regulations are related to certification by ACM EMB PVT LTD and must be maintained and followed by ACM EMB, Applicant or certified Clients/registered Organization
Article 2. For the purpose of these regulations:
- “ACM EMB” Means ACM EMB PVT LTD OR any company within the ACM or EMB group..
- “ACM Logo” Means the logo approved by ACM.
- “Appeal Committee” Means a committee of the ACM EMB established for the purpose of hearing appeals. The panel appointed in respect of each appeal will consist of a Chairman and at least two members of the Board, none of whom shall have any direct interest in the subject of the appeal.
- “Applicant” Means an individual, body corporate or body incorporate which has applied but has not yet been granted a certificate for the scope of the application.
- “Client” Means an Organization which has been granted a certificate for the scope of the application.
- “ITB” Means the “Independent technical Board” established as the technical Support body of ACM EMB.
- “ISO 9000 Series” Means the standard for quality systems.
- “ISO 14001” Means the standard for environmental systems.
- “Health and Safety” Means the standard for health and safety systems.
- “HACCP” Means the standard for a Hazard Analysis and Critical Control Points system.
- “Certificate” Means a certificate recognizing that the management system operated by the organization having been assessed by ACM EMB in accordance with these regulations.
- “Schemes Manager ” Means the person who is appointed for the time being by the Board, to be in-charge of the area for which the Board has responsibility. At present, Certification manager will be termed as ‘Scheme manager”
- “Registered Organization” Means an individual, body corporate or body incorporate which has been granted a certificate by ACM EMB.
- “Quality System” Means the organization, structure, responsibilities, activities, resources and events appertaining to an organization that together provide organized procedures, processes and methods of implementation to ensure the capability of that organization to meet the quality requirements established in accordance with ISO 9001, ISO 14001, (and other related standards).
- “Documented Management System” Means a set of documents/descriptions serving to implement the system of an organization which sets out the specific practices, resources and activities of that organization relevant to achieving compliance with a particular standard specification or otherwise specified requirement, plus, if appropriate, practices and activities relevant to specific Codes of Practice.
- “Guidance Notes” Means a document developed by industry, procurement and associated interests, with or without the participation of ACM EMB which particularizes the requirements of the ISO 9000 series in relation to a particular sector of industry.
- “Consultant” A consultant is an experienced individual that advise a client in order to help them client to implement their management system as per related standard. ACM EMB not allows consultant to take part in audit process until he/she would not be part of client’s activities through effective part of organization chart, organization structure and may be considered under part time or full time job role of client’s organization.
Article 3: Certification Audit
- Applicant organization shall maintain and document a system (where applicable) in accordance with the appropriate standard, and make available copies of all or part of the documented system if the Schemes Manager require it to be lodged with ACM EMB for reference purposes.
- Certification audit is performed on the basis of applicable standards of the applicant. The Accreditation body may visit for certification activities along with ACM EMB
- Staged 1 audit is carried out onsite of the applicant’s documents and records like -Manual, procedures, work instructions, report of internal audit, data of management review and data for identifying aspects/risks etc. The scope of the audit is to identify the status established including the applicant’s organizational structure, policy, and work procedure etc. and to identify whether they meet all the requirements of the standards related to Certification scope.
- Stage 2 On-site Audit is performed at the applicant’s sites to evaluate if its activities are implemented according to documented system. If non-conformities are found during audit, ACM EMB issues CAR(corrective action request).
- When non-conformities are found with the result of the audit, registration of certification is determined through certification deliberation, after conducting document review or on-site follow-up audit.
- ACM EMB provides its applicants with documented compliance requirements for maintaining its certification/registration, when certificate is granted.
Article 4: The confirmation of the certification scope / expanding scope
Certification standard, certification scope (items) and address of on-sites are decided with prior mutual agreement. Ambiguities relating to these are processed in accordance with ACM EMB Procedures.
If ACM will receive application for expanding the scope of a certification already granted, ACM will review the application & will determine the requirements of audit that onsite audit is required or scope can be extended without onsite audit. If onsite Audit is required than special audit is planned to verify the extended scope. Scope extension may be in conjunction with surveillance audits.
Article 5: Granting issuance of certificate
It is the responsibility of ACM EMB to access sufficient objective evidence upon which to base a certification decision. Based on audit conclusion, it makes a decision to grant certification if there is sufficient evidence of conformity or not to grant certification if there is not sufficient evidence of conformity. Besides this, ACM EMB reviews the result of corrective actions taken submitted by the applicant and approves granting of certification. The certificate can only be issued with certification committee’s review after all corrective actions are reviewed as per certification system.
The Certification Board is the sole authority by which certificates may be granted, and acts through the Schemes Manager who, for the purpose of making assessments under these regulations, may from time to time delegate his/her functions as he/she may appoint or remove as he/she may deem necessary, subject to such conditions as the executive board may from time to time impose.
Article 6 : Certification Listing
A list of registered companies is maintained at ACM EMB’s operating address & may be shown on request only after confirmation of ACM Management by reviewing the specific requirements & upon ensuring that there is no risk on ACM Business .
Article 7: Use of Certificate, certification and certification mark
7.1 On receipt of the certificate, the applicant shall Use the ACM EMB logo in accordance with the conditions defined in the publication with “Guide for use of certification mark and ACM EMB logo” (or claim by implication that the organization is entitled to use it, or claim ACM EMB registration) only in respect of the service(s) or product(s) which is/are the subject of the certificate and then only from the address stated on the certificate (and annexe if appropriate).
7.2 Applicant must take actions against any misuse of the ACM EMB logo, which is unacceptable to the certification board, and any form of statement or reference to the authority of the organization to be certified which in the opinion of the certification board might be misleading. Certified organization must follow following rules:
- Must confirm the requirements of ACM EMB when making references to its certification status in communication media such as Internet, brouchures or advertising or other documents
- Must not make or permit any misleading statement regarding its certification
- Must not use or permit the use of a certification document or any part thereof in a misleading manner
- Upon suspension or withdrawal of its certification, discontinue its use of all advertising matter that contains a reference to certification, as directed by the ACM EMB
- Amends all advertising matter when the scope of certification has been reduced
- Must not allow reference to its management system certification to be used in such a way as to imply that the ACM EMB certifies as product (including services) or process.
- Must not use marks which imply that certification applies to activities that are outside the scope of certification
- Must not use its certification in such a manner that would bring the ACM EMB and /or certification system into disrepute and lose public trust.
- If certification is being granted to any Laboratory or educational institute than Certification mark must not be used on Laboratory Test reports, Calibration certificates or Inspection reports or result cards etc which deemed to be product in this context.
- Applicant client must understand that ACM EMB will take suitable actions to deal with incorrect references to certification status or misleading use of certification documents, marks or audit reports. Such action could include requests for correction and corrective action, suspension, withdrawal of certification, publication of the transgression and, if necessary, legal actions
7.3 Client organization must take immediate action against any query rated to misuse of certification or certification mark as per instruction of ACM EMB & if no action is taken than ACM may take suitable action including request for correction & corrective actions, suspension, withdrawal of certification, Publication of details of breaches at ACM EMB website & may also take suitable legal processing if required.
Article 8 (a): Surveillance audit
- Surveillance audit for the applicant shall be carried out semi-annually or annually as per agreed conditions by ACM EMB for the purpose of verifying that the obligations imposed by the certification rules are being carried out. But surveillance frequency could not be more than 365 days from initial audit and must be followed in same way during subsequent annual visits
- Client must understand that if Surveillance audit is not arranged in agreed time frame than certification would be suspended.
- It is responsibility of client to send the agreed surveillance payment to ACM EMB app one month before surveillance audit due date and must interact with ACM EMB for arrangement of audits.
- Surveillance audit days shall be based on Audit days table of ACM EMB or ACM EMB Client Contract
Article 8 (b) Short Notice audits
ACM EMB may conduct audits of certified clients at short notice or unannounced to investigate complaints or in response to changes, or as follow up on suspended clients. Such more conditions of short notice may be are as below:
- External factors apply such as:
- Available post-market surveillance data known to the ACM EMB on the subject devices indicate a possible significant deficiency in the quality management system
- Significant safety related information becoming known to the ACM EMB
2. Significant changes occur which have been submitted as required by the regulations or become known to the ACM EMB, and which could affect the decision on the client’s state of compliance with the regulatory requirements. The following are examples of such changes which could be significant and relevant to the ACM EMB when considering that a special audit is required, although none of these changes should automatically trigger a special audit:
(i) QMS – impact and changes:
(a) New ownership
(b) Extension to manufacturing and/or design control
(c) New facility, site change Modification of the site operation involved in the manufacturing activity (e.g. relocation of the manufacturing operation to a new site or centralizing the design and/or development functions for several manufacturing sites)
(d) New processes, process changes Significant modifications to special processes (e.g. change in production from sterilization through a supplier to an on site facility or a change in the method of sterilization)
(e) QM management, personnel Modifications to the defined authority of the management representative that impact:
*quality management system effectiveness or regulatory compliance
* the capability and authority to assure that only safe and effective medical devices are released.
(ii) Product related changes:
(a) New products, categories
(b) Addition of a new device category to the manufacturing scope within the quality management system (e.g. addition of sterile single use dialysis sets to an existing scope limited to haemodialysis equipment, or the addition of magnetic resonance imaging to an existing scope limited to ultrasound equipment)
(iii) QMS & Product related changes:
(a) Changes in standards, regulations
(b) Post market surveillance, vigilance
(Iv) The finding during an audit are so serious numerous that a revisit is deemed necessary to confirm that corrective action has been taken and is effective.
(V) The workforce numbers have will be allocated as SVs until the next Triennial Review when the man-days total will be revised and re-quoted. This must be explained to the client.
(vi) Misuse of Logo & Certification
(vii) On receipt of customer complaint about a certified company.
An unannounced or short-notice audit may also be necessary if the ACM EMB has justifiable concerns about implementation of corrective actions or compliance with standard and regulatory requirements.
Article 9: Notification of changes by client
Client Organisation must inform the ACM EMB without any delay. Of matters that may affect the capability of the management system to continue to fulfill the requirements of the standard used for certification. These includes, for example, changes relating to:
- The legal, commercial, Organizational status of ownership
- Organization and management (e.g. Key managerial, decision making or technical staff)
- Contact address and sites
- Scope of operations under the certificated management system
- Major changes to the management system and processes
- Obtaining of serious complaints from an applicant/certified organization or interested party.
- Environmental accident occurred or violation of relevant laws, for EMS.
- The notification must be immediate and in writing, when amendments to the system are significant (e.g. removal of a procedure altogether from the system). Where amendments are of a minor nature, they will be notified to the ACM EMB representative at the next scheduled assessment /surveillance visit.
After review of the changes, ACM EMB, if necessary, can perform the special audit or change audit schedule.
Article 10: Triennial Re-Assessment audit
ACM EMB shall carry out Triennial Re-Assessment audit against an applicant’s management system and renew its certificate, within 3 years after initial certification, to continually ensure that its management system is maintained and remains effective.
Client must ensure that
- If any major nonconformity is raised during Recertification audit than the implementation of corrections and corrective actions must be verified within 30 Days of Recertification Audit or before expiry of certificate whichever is earlier by the ACM EMB.
- If the certification body has not completed the recertification visits or the certification body is unable to verify the implementation of corrections or corrective actions for any major non conformity prior to expiry date of certification, then recertification shall not be extended.
- Upon expiration of certification, the certification body can restore certification within 6 month provided that the outstanding recertification audit is completed otherwise at least a stage 2 audit shall be conducted. The effective date on the certificate will be on or after the recertification decision and the expire date will be based on prior certification cycle.
Article 11: Responsibility and Liability of certification body
When the certified body is no longer maintained because certification activities are stopped and its accreditation is suspended and withdrawn, the certification shall, in consultation with the applicant, recommend another certification body or cooperation body for the applicant to maintain or re-register its certification. Such a case, according to mutual agreement, the certification body shall cover expense raised from it.
Article 12: Responsibility and Liability of Client Organization
- Client Organization (Not ACM EMB) has the responsibility for conformity with the requirements for certification. ACM EMB Audits are based on sampling within client’s management system and therefore is not a guarantee of 100% conformity with requirements.
- Client’s manufacturing medical devices must also comply the statutory and regulatory requirements applicable to safety and performance of the medical devices. The maintenance and evaluation of legal compliance is the responsibility of client organization.
- Client Organization agree the comply all certification requirements
- Client Organization agree to make all necessary arrangements for the conduct of the audits, Including provision for examining documentation and the access to all processes and areas, records and the personnel for the purpose of Initial certification, surveillance, recertification and resolution of complaints
- Client organization agrees to make provisions, where applicable, to accommodate the presence of observers (e.g. accreditation auditors or trainee auditors)
- Client Must update the auditor any key/specific location for special safety and other concentration on such locations if any
- Client Organization must understand that ACM EMB Auditor take special care for the clients property, equipments and other resourses but even if during audit any damage occur on clients property, equipment or resourses than this would not be considered under any Legal procedures
- It is already declared through above sr. no. 1 that ACM EMB auditors are verifying the compliances based on sampling exercises and does not guarantee 100% conformity with client organization documented system. So if Client’s customers refuses that implemented system of client organization than ACM EMB have not any responsibility and no legal action can be taken by client
- ACM EMB issue the certificate and authenticity of such certificate can be seen online through special option of certificate authenticity check option at website http:/acmcert.in but ACM EMB does not have 100% control over the server used to host the content of website. In general all servers does not have 100% uptime and may becomes down for some time too or ACM EMB website may be under maintenance. If during such time or during interaction with any new ACM EMB staff, authenticity of their certificate could not understood by any organization than no legal claim can be raised by client. Under such situation, Client or any third party must send the confirmation at ACM EMB official email ID and must receive the reply through official email for 100% authenticity.
- ACM EMB is issuing certificate based on compliances of International standard not at based on client’s designed standard if client’s customers pressurize them to go certificate through another CB than client could not raise any legal binding for ACM EMB process or certificate
- It is agreed by client organization to produce only authentic documents for verification by ACM EMB Auditors. If any unauthentic documents is shown to auditors in compliance verification against any legal requirements than ACM EMB does not have any liability and ACM EMB may suspend or withdrawal such certificate if becomes in knowledge of ACM EMB
- ACM EMB is issuing certificates based on International standard ISO 17021:2015 and being verified by accreditation boards too. If during any course of activity, ACM EMB loose the accreditation means – accreditation is suspended or withdrwal by accreditation board than ACM EMB assure the client to transfer the certification to any other certification body at its own cost. No legal action can be taken by clients on ACM EMB against such situation
- In order to increase confidence from interested parties and specifically regulators that accept or take into consideration ISO 13485 accredited certification for the purpose of their recognitions, organization must release its audit report to regulators that recognize ISO 13485.
Article 13: SUSPENSION OF CERTIFICATION
13.1 Under suspension, the client’s management system certification is temporarily invalid. The certification body shall suspend certification when:
- Audit was not performed within 1 month after the certified organization received notification letter or its surveillance audit was not carried out within specified time frame.
- With result of audit, it is shown that resources and organizational entity to satisfy with requirements of standard applied do not exist or certification system is no longer operated.
- There is absence of reliability on certification system because of claims raised by interested party and social conflicts,
- Certified organization has not taken any action for changes of certification system and certification requirements.
- The major non-conformity is re-occurred in follow-up audit which was performed to check corrective action taken for major non-conformity indicated on-site verification audit.
- Corrective action for misuse of certification mark has not been taken within 1 month after it is requested.
- Certification fee is not paid.
- The certified organization does not observe its duties defined in certification contract.
- The certified organization uses the certificate beyond its scope applied.
- All information and documents obtained in the course of certification activities turn out to be false.
- The problem with registering certification has been occurred because changes as described in article 9 have not been notified to certification body.
- The certified organization violets its agreement with ACM EMB.
- Corrective action for minor nonconformity has not been verified within 30 days.
- If a registered organization is temporarily unable to comply with the requirements of these regulations, the certification board may require the registered organization to discontinue use of the ACM EMB logo, and/or any claim to be a registered organization with immediate effect until they are satisfied that the conditions of certification are again achieved or pending the result of any appeal under regulation 12
- The certified organization not allow to perform special audit/unannounced audit /surprise audit to ACM EMB Team or Accreditation Board Team
13.2 Certification body can restore the suspended certification if the issue that has resulted in the suspension has been resolved. Failure to resolve the issues that have resulted in the suspension in a time established by the certification body shall result in withdrawal or reduction of the scope of certification.
Article 14: Withdrawal/Termination of certification or reducing the scope of Certification
Certification body withdraws certification and reports the fact on the publication in the event that the applicant does not comply with that
- corrective action has not been taken within 3 months, despite suspension of certification as mentioned in Article 13;
- the certified applicant officially returns the certificate to certification body;
- Production, activities or services of certified products have been suspended;
- The certified organization is no longer identified because of its dismantlement or communication disconnecting etc.;
- Certification has been suspended more than three times during its validation;
- The applicant does not return the certificate to the certification body within 1 month after request by the certification body.
- If a registered organization fails to comply with these regulations, the certification board may, subject to the provisions in regulation 13 as appropriate:
- Revoke the certificate
- Reduce its scope of certification to exclude the parts not meeting the requirements, when the certified client has persistently or seriously failed to meet the certification requirements for those parts of the scope of certification. Any such reduction will be in line with the requirements of the standard used for certification
- Refuse to grant or renew the certificate or extend its scope. such decisions, and the grounds for them, shall be communicated by the operations director in writing.
- The certification board may, at their discretion, and subject to regulation 13, revoke or refuse to grant or renew a certificate if the registered organization becomes subject to the bankruptcy laws or makes any arrangements or composition with its creditors, or enters into liquidation, whether compulsory or voluntary (but not including liquidation for the purpose of reconstruction), or has a receiver of its business appointed, or is convicted of an offence tending to discredit the registered organizations reputation and good faith as a trader. Such decisions, and the grounds for them, shall be communicated to the registered organization in writing.
Article 15: Appeals, complaints and disputes
- Should a client wish to make a complaint against the service offered by ACM EMB, they should, in the first instance, write to the Schemes Manager at the Head Office. The contact address can be found on the ACM EMB website at www.acmcert.in
- All complaints shall be duly recorded and reviewed; any corrective action thought necessary shall be communicated to the complainant, within a reasonable time-frame.
- In the event of a registered organization or applicant wishing to appeal against any decision of the certification board under these regulations, it shall be within 21 clear days after having been officially informed of such a decision, giving notice in writing to the certification board of its desire to appeal against that decision.
- A meeting of an appeal committee constituted in accordance with the regulations will be held within 30 clear days of receipt of such notice, and the appellant shall be given at least 7 clear days notice of the time and place of such a meeting.
- The appellant will be advised as to the constitution of the appeals committee with respect to the individual candidature and shall be given the opportunity to object to any member of the committee. Such objections must be notified to the Schemes manager in writing, and the appeals committee will be duly re-constituted if upheld.
- The Schemes Manager’s decision shall remain in force pending in any meeting of the appeals committee. At such meeting, both the appellant and the Schemes Manager shall be entitled to be heard in confidence. The decision of the majority of the appeals committee as declared by its chairman shall be final.
- An applicant who satisfies the Schemes Manager that they are capable of compliance with these regulations and that the client carries out a bona fide business, and who gives to the Schemes Manager such undertakings as he may require shall, subject to the conditions of these regulations be entitled to a certificate which shall nevertheless remain the property of ACM EMB. Initial Certificates are valid from the date of issue for a period of 36 months. If an organization does not intend to renew its certificate it must notify the Schemes Manager in writing of its intention not to do so, at least two months before the certificate expiry date. An organization’s right to use the certificate is not transferable without the express permission of the schemes manager in writing.
Article 16: Confidentiality
ACM EMB shall not disclose information about the applicant’s organization or a particular product to a third party without the written consent of the applicant, except where accreditation body requires. When the certification discloses information to a third party, as permitted by the law, ACM EMB shall inform it to the applicant. However, this is not applied for,
-Information that certification body already has before the applicant provided;
-Information legally well known or expected to be well known to public;
-Information legally obtained from where it is not related to the applicant;
-Information required by Accreditation body for its evaluation of certification body.
-Information declared to public at public domain as defined in article 20
To gain or maintain the confidence in certification, ACM EMB may also provide access to non confidential information (i.e defined in Article 20) about the conclusion of specific audits (eg. Audits in response to complaints) to specific third party on request
Article 17: Impartiality
ACM EMB, it’s Top Management, Managers and Staff fully understands the importance of impartiality in its Certification Activities. ACM EMB will therefore ensure that in all its dealings with clients or potential clients, all employees or other personnel are and will remain impartial. To ensure that impartiality is maintained and can be demonstrated through following principals:
- ACM EMB Certificates are only issued following a review by an independent authorized and competent member of the management team to ensure that no interest shall predominate
- ACM EMB does not offer (and has never offered) management system consultancy or any other form of consultancy to companies or individuals.
- ACM EMB does not offer (and has never offered) an internal audit service to companies or individuals.
- ACM EMB does not own or have any interest (financial or otherwise) in any other company that offers certification, management system consultancy or internal audit services.
- ACM EMB does not have (and will not form) any relationships with companies who offer consultancy, internal audit services or other services that can be construed as having an impact on the certification services provided by ACM EMB. Any proposed relationship between ACM EMB and any other company will undergo a risk assessment by the ACM EMB for Impartiality prior to that relationship being formalized. Any current relationships with companies, organizations and individuals will be risk assessed on a regular basis to ensure that the relationship does not impact upon the impartiality of the certification process. The risk assessment will be undertaken by the ACM EMB.
- Individuals employed by or otherwise contracted to ACM EMB are required to document and record their current and past relationships with all companies. Any situation past or present which may present a potential conflict of interest is required by ACM EMB to be declared. ACM EMB will use the information to identify any threats to impartiality and will not use that individual in any capacity unless they can demonstrate that there is no conflict of interest. The risk assessment will be undertaken by the ACM EMB.
- ACM EMB will not allocate a member of staff or sub-contractor to a management system audit where any past relationship has existed. Exceptionally and at the discretion of the Certification Manager or Top Management an individual or subcontractor may be allocated to a management system audit where a past relationship has existed but there has been no relationship for a minimum of 2 years. The risk assessment will be reviewed by the ACM EMB for Impartiality.
- ACM EMB does not offer any Management system consultancy services
- ACM EMB will ensure that it is not linked or marketed in any way which links it with the activities of a management system consultancy and will take appropriate action should any such link be identified.
- All employees will be reviewed at least annually to ensure that they remain impartial when conducting audits.
- Auditors and others involved in the certification process are not and will not be put under any pressure and will not be influenced in any way to come to a particular conclusion regarding the result of an audit
Article 18: Certification Fee
ACM EMB shall be entitled to charge fees at a level to be determined from time to time having regard to its costs relating to the administration of its schemes: An organization shall pay:
- A fixed annual fee for each certificate granted (this will include costs of surveillance), which shall not in any circumstances be returnable.
- Additional fees for Application Processing Cost, Administration Cost, assessment, supervision, re-issue or endorsement of the certificate cost as shall from time to time be determined to be fair and appropriate.
- A final assessment fee upon termination of the certificate, however determined if such assessment be required by the certificate board.
- Any additional costs incurred by ACM EMB due to the certified organization’s non-compliance with these regulations. All fees are payable in advance of the activity to which they refer i.e. Application fee prior to document review; Assessment fee prior to assessment: and Annual Surveillance fee prior to surveillance, except where a continual payment method is used e.g. Standing Order.
- Certification fee (Application, Registration, Stage 1 audit, Stage 2 Audit, Re-audit, Registration, Surveillance Audit etc) is specified in online at ACM EMB website https://acmcert.in/fee.html based on mandays chart. However the final quote is calculated by ACM EMB Team based on review/considering various factors.
- When major nonconformity is found during audit or certification, on-site follow-up audit will be required and the expenses will be charged as per audit fee rate on the time of visit.
- Travel expense, accommodation expenses of certification body, raised from audit, shall be charged to the applicant.
- ACM EMB do not Accept fee in Cash. Payment paid through DD/Cheque made in favour of “ACM EMB PVT LTD” etc will be considered or client can pay the fee directly though online modes as NEFT, RTGS, PAYTM, BHIM etc in ACM EMB PVT LTD account.
Article 19: Irresistible force
Any liability for indirect and consequential damage, including war, natural disaster, an infectious diseases and closedown of factory etc which are beyond control, is hereby excluded.
Article 20: Information at Public Place/domain
ACM EMB will publish following information at public domain:
- Client Name
- Clients Address and sites details covered under certification
- Certificate No.
- Registration Date
- Expiry date
- Scope covered under certification
All other information shall be considered confidential. But If required, other requirements as per instruction of Accreditation board or other legal authorities etc may be displayed for public viewing at public domain
Article 21: Changes in Certification Regulation
These regulations may from time to time be altered by the ACM EMB Management board. No such alterations shall affect the right of any registered organization to use the ACM EMB Logo, or claim to be registered.
When certification requirements by certification body have been changed, the following shall be processed within specified period:
- The certification body shall give due notice of any change and its effective date to the applicant 1 month in advance..
- The applicant shall submit documented plan of subsequent action in details or its result according to certification requirements changed.
- The certification body. in surveillance audit, shall verify the applicant’s implementation in compliance with requirements changed, within 12 months.
ACM EMB may assign this agreement to any Company, Body Corporate that ACM EMB has an Interest, Shares, control or affiliation with.
Article 22: Period of contract
This agreement shall come into force when certification is granted to applicant and shall definitely run for at least a period of three years. It shall be extended by a further three years in each case on placement of an order for renewal by applicant. But upon completion of contract period, Client must follow the guidelines regarding misuse of LOGO, Certification etc.
Article 23 Witnessed Audits
It is a condition of these Certification Agreement & Rules that all ACM certificated clients should, if requested, allow Accreditation Board auditors to witness ACM staff carrying out their audits. Failure to allow this could jeopardize the client’s registration. The presence of any observers will be agreed prior to any audit. Observers will have no influence over the outcome of the audit.
Article 23: Contract interpretation and disputes settlement
Every dispute or question, which may arise between the parties (ACM EMB and Applicant/client/Registered organization)) of this contract, shall be amicably settled. If the lawsuit occurs, the place of jurisdiction for the claims shall be in Muzaffarnagar. ACM EMB & client organization ensures that in all cases for all known or unknown situation, Financial Liability on ACM EMB Pvt Ltd. could not be more than the fee paid to ACM EMB during current certification or current recertification cycle.