1. Scope of Application
- These General Terms and Conditions (GTC) apply to all certification services provided by ASG Cert GmbH (hereinafter referred to as the “Certification Body”).
- They form an integral part of all certification agreements between the Certification Body and the client (hereinafter referred to as the “Applicant”).
- Any deviating or conflicting terms of the Applicant shall only apply if expressly accepted in writing by the Certification Body.
2. Subject of the Contract
- The subject of the contract is the provision of certification services in accordance with:
- ISO/IEC 17065
- applicable legal and regulatory requirements (e.g. BioSt-NachV, BioKraft-NachV, 37th BImSchV)
- the current requirements of applicable certification schemes (e.g. ISCC, REDcert)
- The Certification Body acts independently and impartially and does not provide consulting services that could compromise its impartiality.
- The Certification Body does not guarantee the granting of certification. Certification is granted solely based on the outcome of an independent evaluation process.
3. Obligations of the Applicant
- Provide all necessary information completely and truthfully.
- Grant access to relevant facilities, documentation, and personnel.
- Comply with all requirements of the applicable certification scheme.
- Inform the Certification Body without delay of any changes that may affect certification (e.g. processes, ownership, products).
4. Certification Process
- The certification process includes in particular:
- application
- evaluation (audit)
- certification decision
- issuance, maintenance, suspension, or withdrawal of certification
- Certification decisions shall be made independently by authorized personnel who have not been involved in the evaluation process.
5. Use of Certificates and Marks
- The Applicant is entitled to use the certificate only within the certified scope.
- Any misleading or unauthorized use is prohibited.
- In the event of suspension, restriction, or withdrawal of certification, the use of the certificate and all related marks shall cease immediately.
- The use of accreditation marks and certification scheme logos shall comply with the applicable rules of the respective scheme owners and accreditation bodies.
6. Suspension, Restriction, and Withdrawal
- The Certification Body is entitled to suspend, restrict, or withdraw certification if:
- requirements are not fulfilled
- contractual obligations are breached
- the certificate is used improperly
- Decisions shall be made in accordance with the Certification Body’s documented procedures.
7. Complaints and Appeals
- A clear distinction is made between:
- Complaints: concerning the conduct or processes of the Certification Body
- Appeals: against certification decisions
- Complaints may be submitted at any time.
- Appeals must be submitted within 30 days of notification of the decision.
- Complaints and appeals shall be handled independently, impartially, and documented accordingly.
8. Confidentiality
- The Certification Body shall treat all information obtained during certification activities as confidential.
- Exceptions apply where disclosure is required by:
- legal obligations
- authorities (e.g. BLE, UBA)
- certification schemes (e.g. ISCC, REDcert)
- accreditation bodies (e.g. DAkkS)
- The Applicant shall be informed of such disclosures unless prohibited by law.
9. Impartiality and Independence
- The Certification Body is committed to ensuring impartiality in all certification activities.
- Potential conflicts of interest shall be identified, analyzed, and mitigated.
- The Certification Body shall not provide consulting services that could compromise its independence.
10. Subcontracting
- The Certification Body may subcontract certain activities to qualified third parties.
- The Certification Body retains full responsibility for certification decisions.
11. Liability
- The Certification Body shall only be liable for damages in cases of intent or gross negligence.
- Liability shall be limited to foreseeable and typical contractual damages, to the extent legally permissible.
- The Certification Body shall not be liable for business decisions made by the Applicant based on certification results.
12. Fees and Payment Terms
- Fees shall be based on the offer and/or individual agreement.
- The Certification Body may require payment prior to issuing certificates.
- Additional costs (e.g. travel, extra audit time) may be charged separately.
13. Duration and Termination
- The contract may be terminated by either party with reasonable notice.
- Obligations arising prior to termination remain unaffected.
14. Amendments
- The Certification Body reserves the right to amend these GTC.
- The Applicant shall be notified of any changes in due time.
15. Governing Law and Jurisdiction
- The law of the Federal Republic of Germany shall apply.
- The place of jurisdiction is Munich.