Lasermo Certification Inc Contract Form

Audit & Certification Contract

This Agreement is entered into on this day between (referred to as the Client) and Lasermo Certification Inc (referred to as Lasermo) for the purpose of conducting a Management System Conformity audit in accordance with the agreed audit standard. Upon meeting the requirements of the audit standard and complying with Lasermo's certification procedures and financial terms, a certificate of Conformity will be issued, subject to the following conditions:

Clause 1. Purpose of the Contract

The objective of this contract is to establish and define all the necessary rights and responsibilities of the Client, as the purchaser of services, and Lasermo, as the Certification Body and service provider, in relation to the audit and certification services requested by the Client.

Clause 2. Establishment and maintenance of the management System by the Client

The Client must maintain a documented management system that covers the relevant scope of activities, adhering to the requirements of the chosen audit standard. Lasermo will evaluate the Client’s management system based on this standard and scope. The scope of activities approved for registration will be restricted to what meets the requirements of the audit standard. If necessary, the Client may need to adjust the scope of registration based on objective evidence and IAF regulatory requirements.

Clause 3. Conduct of Certification Audit

• The Client's management system will be audited to confirm its compliance with the chosen audit standard.
• The Client’s system documents (including manuals, procedures, work instructions, and guidelines) and relevant records will be reviewed both offsite and onsite during the Stage-1 adequacy audit, which occurs before the on-site Compliance audit. This initial audit assesses whether the Client’s management system preliminarily meets the requirements of the relevant standards. Any identified inadequacies or non-conformities will be documented and communicated to the Client’s Management in writing. The Stage-2 compliance audit will only proceed after the Client has confirmed that these issues have been addressed. The Stage-2 audit, conducted on-site, evaluates whether the Client’s practices align with the established management system. If non-conformities are discovered, Lasermo's audit team will issue a Non-Conformity Report (NCR).
• The on-site Compliance audit, also known as the Stage-2 audit, is conducted to determine if the Client’s practices align with the established management system. If any non-conformities are identified during this audit, the Lasermo audit team will issue a Non-Conformity Report (NCR).
• The Client must acknowledge the Non-Conformity (NC) Report or Corrective Action Request and submit a written corrective action plan within one week. This plan should include a detailed root cause analysis, corrective measures, and steps to prevent recurrence. Upon receipt of the corrective action plan, Lasermo auditors will review it and notify the Client in writing whether it is accepted or requires revisions. The audit team will also inform the Client about the method and timing for verifying the effectiveness of the corrective actions implemented.
• The Client may appeal to Lasermo regarding the audit team’s findings and decisions. Lasermo will address and make a decision on the appeal within 30 working days of receipt.
• The Client must resolve all minor nonconformities within 30 days from the audit date. Major nonconformities must be addressed within 90 days of the audit date. Proof of corrective actions should be provided to Lasermo as required.
• Upon receiving the evidence, Lasermo will determine if it demonstrates the effectiveness of the corrective actions. Lasermo may choose to conduct a follow-up visit to the audit site, at the Client’s expense, to verify the effectiveness of these actions.
• Once the Lasermo audit team confirms, based on objective evidence, that the Client’s management system meets the audit standard requirements, they will submit their recommendation for issuing a Certificate of Compliance to the Lasermo Technical Committee.
• The Technical Committee, which includes the report reviewer and decision-maker, will evaluate the entire audit process and report before making a decision. Lasermo will issue the Certificate of Conformity only if it adheres to established procedures and regulatory guidelines.
• The client must grant Lasermo auditors, as well as external experts and observers, access to all work sites and relevant documentation pertaining to the applied scope. The client agrees to permit auditors to interview staff and review all records, except for financial accounts, including records of complaints and the actions taken.

Clause 4. Issuing of Certificate

Lasermo will assess the corrective actions submitted by the client before issuing the certificate. If the Technical Committee determines that the audit team's recommendations and the client’s corrective actions are satisfactory, the certificate will be granted once financial obligations are met. The certificate will include a unique certificate or registration number and the issue date, which will not precede the date on which the Technical Committee made the certification decision. The certificate will be valid for three years, contingent upon successful annual surveillance audits. The certificate will display its validity period, not exceeding three years from the certification decision date.

Clause 5. Use of Lasermo Logo and Accreditation Mark

The Client shall -

• Always comply with the relevant provision of the certificate/registration Programme.
• Make all necessary arrangements for the conduct of the assessment, including provision for examining documentation and the access to all areas, records (including internal audit reports) and personnel for the purposes of assessment, surveillance, re-assessment and resolution of complaints.
• Only claim that it has been certified / registered with respect to those activities for which it has been awarded certification / registration.
• not use its certification / registration in such a manner as to bring the certification / registration. Body into disrepute, and shall not make any statement regarding its certification / registration which the certification / registration body may consider misleading or unauthorized.
• Discontinue use of all advertising matter that contains any reference to its certification / registration in cases of suspension or withdrawal of its certification / registration (however determined) and returns any certification / registration document as required by the certification / registration body.
• Use certification / registration only to indicate that the Management System certified is in conformity with specified standards or other normative documents, and shall not use its certification / registration, to imply that its products or services have been approved by the certification / registration body.
• Ensure that no certification document, registration mark or report, or any part thereof, is used in a misleading manner.
• Comply with the requirements of the certification / registration body, when making reference to its certification / registration status, in advertisement media, such as brochures, catalogues, website or any other advertisement material.
• at the time of getting the certificate, also get logo artwork for the use of mark; and a document containing rules / guidelines for use of logo. The Client shall sign a copy of this document and shall return this to the Lasermo, to demonstrate its agreement and commitment for lawful use of Lasermo logo and mark of certification.

Clause 6. On-Going Surveillance

• Periodic on-going surveillance shall be based on auditor’s recommendation and shall not exceed interval of more than one year.
• The auditor’s man day charges shall be based on agreed Quotation.
• for any nonconformity or other situation that may lead to suspension or withdrawal of certification, the certification body has a system that requires special audit to verify continued fulfillment of certification requirements. The cost of this special audit / follow up audit shall be charged to the client.

Clause 7. Notification of Change in the audited QMS

Client shall notify Lasermo in writing if following changes occur in the Client’s management system. The changes include - change in organization’s name and ownership, change of address, change in scope, change in process, change in key technical person or key process equipment. After review of the information submitted by the customer, Lasermo shall assess impact of the change on the Client’s QMS. If impact of change in QMS is found significant, to verify continued conformity additional audit may be planned by the Lasermo, at client’s cost.

Clause 8. Re-certification

Re-certification shall be based on three years performance and be conducted before the expiry date of the certificate. The non-conformity raised in re-certification audit shall be closed before the expiry date of the certificate. Re-certification program verifies overall continued effectiveness of the customer’s management system in its entirety. Lasermo shall renew the certificate of conformity, after getting approval from the technical committee, on the basis of Recertification audit team recommendations. All this process shall have to be completed latest within 6 months of expiry of the certificate.

Clause 9. Withdrawal of Lasermo Accreditation

In case of withdrawal or suspension of the audit scopes by accreditation body (if any) as the result of Lasermo fault, Lasermo shall arrange audit and certification services from other accredited bodies, at its own cost, during the continuation of this contract.

Clause 10. Suspension of Certification (After its issue)

If the Client is not complying with the following conditions, Lasermo may suspend Client’s registration/ certification -

• Client did not accept on-going surveillance visit within the time agreed.
• Lasermo determines that the Client does not comply with the requirements of the audit standard.
• Client lost its confidence as a result of claims raised by interested party and social conflict.
• Client has not taken appropriate corrective action within the agreed time period, as per agreed corrective action plan.
• Client failed to timely correct the infringements, caused by misuse of certification mark, within one (1) month.
• Client didn’t fulfill its financial obligations towards Lasermo.
• Lasermo determines that the Client didn’t comply with its obligations based on this Audit & Certification Audit Contract.
• It is proved that the information and/or material provided by Client during assessment was incorrect.

Clause 11. Restoration of suspended certificate

• If the cause of suspension is eliminated and objective evidence of corrective action is submitted and accepted by the Lasermo Technical committee, the suspended certificate shall be restored and new date of certification shall be marked in the certificate, after physically receiving the old suspended certificate.
• If decided by the technical committee, Lasermo may send a competent auditor to verify corrective action at the client’s site, at client’s cost, and then action shall be taken by the technical committee as per Auditor’s report.

Clause 12. Withdrawal of Certification (After its issue)

In following situations, Lasermo may withdraw Client’s registration/certificate of conformity.

• Failure to timely correct a suspension within three months.
• Client’s Request.
• Client discontinues the activities related to the scope of registration/ Certification.
• The certified Client becomes traceless and Surveillance audit period is missed.
• The Client’s certificate is suspended more than 3 times during the term of validity of this contract.

Clause 13. Renewal of certificate after its withdrawal

Lasermo does not renew its certification after withdrawal. The client has to apply for fresh certification and if all the requirements are met, new certificate is issued.

Clause 14. Expanding or reducing the scope of certificate

• In case during the audit, objective evidence is obtained by the Audit team regarding additional activity being performed in the organization and found covered under QMS, the scope shall be expanded. New date of certification is marked on the renewed certificate.
• In case during the audit, objective evidence is obtained by the Audit team regarding some activities in scope of QMS, not conforming to the requirements, the scope shall be reduced by the Technical committee as per objective evidence collected by the auditors. New date of certification is marked on the renewed certificate.

Clause 15. Refusal of certificate

In case during the audit, objective evidence is obtained by the Audit team showing major non conformity, or multiple minor non conformities amounting to collapse of the QMS, the audit team shall refuse recommendation until acceptable corrective action is taken.

If the audit team has recommended certification, but corrective action plan or where required corrective action evidence has not submitted to the Lasermo, the Technical committee would refuse grant of certificate.

If the audit team has recommended and the client has submitted corrective action plan and where required corrective action evidence, but these are not acceptable to the Report review & decision making committee, the grant of certificate shall be refused.

Clause 16. Appeals, Complaints and Disputes

If the Client has any grievance against Lasermo, it has right to submit complaints and appeals. Lasermo shall handle Complaints and appeals, in accordance with relevant Lasermo procedures. The result of action shall be provided to the Client in writing. The client has right of access to records of complaints and appeals.

Clause 17. Confidentiality

Information about Client shall not be disclosed to a third party without written consent of Client except in case where required by law or accreditation requirements.

All information that has not been placed in public domain by the client shall be treated as confidential information. Information that Lasermo obtained from sources other than the client (which client had not placed in public domain) shall be also treated as confidential.

After grant of certification, Lasermo will publish details of the client already mentioned in the Conformity certificate, in its web page. This public information shall be limited to information about -

• Client organization name
• Audit site Address
• Scope of certification
• Audit standard
• Certificate number
• Initial registration/ certification date, Current certificate date, and Validity

In case the client does not want public display in our website, the client should submit this request in Client info - application form or in its letter head.

Clause 18. Change of Certification / Registration Requirement

If the registration/ certification requirements are changed -

• Lasermo shall inform Client about changed requirements by electronic media/News Letter within a reasonable period.
• The Client shall submit a documented plan to achieve conformity to the changed requirements.
• Lasermo shall verify Client’s continued compliance as per plan.

Clause 19. Certification fees

• Certification fee shall be in accordance with the agreed Quotation
• If the audit team decides that nonconformity, found during audit, should be verified through follow-up visit, verification audit shall be performed. In this case, the expenses will be charged as per fee rate on the time of verification audit.
• Local Travel cost and hospitality, not mentioned in the Quotation, shall be provided to the auditors, on honorarium basis.

Clause 20. Payment

• Only after signing this contract, the audit process will be initiated by Lasermo.
• Audit fees (Application fee, stage-1 audit fee, stage-2 audit fee, on-going surveillance, verification audit and re-assessment etc.) shall be paid prior to that audit.
• Traveling expense, if not provided by the client shall be charged.
• Service Tax, as applicable at the time will be charged.

Clause 21. Unavoidable Reasons / force majeure

Neither party shall be liable to the other party for nonperformance or delay in performance of any of its obligations under this contract, due to war, natural disaster, epidemic, go-slow, lockout or any other causes reasonably beyond its control.

Clause 22. Contract Interpretation and disputes settlement

In case(s) of disputes(s) which may arise between the parties with respect to the execution, interpretation and performance of this Agreement, both parties shall do their best to settle the dispute in an amicable manner. If the lawsuit occurs, the courts of Delhi (India) shall have jurisdiction over all disputes, which may arise between the parties.

Clause 23. Reliability, faithfulness and mutual co-operation

• Both parties shall comply with the conditions stated in this agreement. Lasermo shall fulfill its obligations and the Client shall fulfill its obligations.
• Client shall comply with all regulatory requirements to which Lasermo subscribes to or may subscribe in future, in matters related to certification. The client shall facilitate any special surveillance audit required by the Lasermo or its Accreditation / regulatory body, if requested.
• When Client transfers its certification/registration to another certification body, Client shall inform Lasermo about its transfer and reason.

Clause 24. Limited liability

Any liability raised against certification body shall be limited to the certification fee received from the client.

Clause 25. The duration/ currency of this Contract

This agreement shall become effective upon signing and shall continue in full force and effect for a period of three (3) years from the date of certification. This contract can be changed and renewed by agreement between both parties if desired.

Clause 26. Court of jurisdiction in case of any dispute

In case of any dispute, the matter shall be legally settled within Delhi jurisdiction.

IN WITNESS THEREOF, the Client and the Lasermo hereby execute this agreement as on the date set forth above. The duplicate copy of this contract shall be retained by the Client.