1. The General Terms and Conditions shall apply to all kind tof services (including, but not restricted to Certification,Training, Inspections, Testing and rendered by TÜV Middle East and for all duties arising from the obligation towards the customer. Our terms and conditions shall also apply for all future business relations with entrepreneurs and legal entities under public law and shall form an integral part of any agreement entered into by the customer with us based on any kind of service contract.
2. Subject to any deviating agreements in individual cases, contracts may only be concluded with us in accordance with the following provisions; when placing an order the customer declares he agrees to our terms and conditions. Any contrary or deviating conditions on the part of the customer shall not be binding on us if we have not expressly recognized them; this must be done in writing. Our terms and conditions shall also apply if we render our service without reservation in knowledge of contrary or deviating conditions on the part of the customer.
1. A contract with us shall be deemed to have been concluded only when the customer has accepted our offer including these General Terms and Conditions without reservationorwesendoutourwrittenacknowledgementof the order or we commence performance of the service. If we issue a written acknowledgement of an order this shall determine the content and scope of the contract where nothing different has been expresslyagreed.
2. Any changes, ancillary agreements and additions, and any agreements on quality or the assumption of warranties must be expressly confirmed by us in order to be effective; this must be done in writing. This also applies with respect to cancellation of the presentclause.
1. Provided nothing different has been expressly agreed in writing,weshallonlybeobligedtorendertheexactservices provided for in the contract; we shall render such services according to the generally accepted technical rules and standards and the statutory specifications as applicable in United Arab Emirates and/or the country where the service isrendered.
2. For any damage to or destruction of customer's objects duetotheproperperformanceofourserviceweshallnot be obliged to provide a compensation or replacement transport and, where relevant, return of customer's objects shall be implemented at the customer's expense and risk, but return shall only be implemented at the customer's express request. Where objects are retained by us, our liability shall be limited to the duty to exercise due careand attention.
3. The customer shall inform us completely of all facts relevanttotheperformanceofourservice.Wearebasically not obliged to check that the data, information or other mattersprovidedbythecustomerarecorrectandcomplete where there is no specific reason to do so or give the circumstances of the individual case or where the order does not expressly cover this. We do not assume any guarantee for the correctness of the safety rules, regulations and programmes on which our inspections/tests/reports and appraisals are based, unless suchrules,regulationsorprogrammescomefromusorare themselves a subject of theorder.
4. Where the customer must perform one or more actions ofacooperativenaturetoenableustoperformourservice, he shall do this in good time and at his own expense; expenseswillonlybereimbursedifthishasbeenexpressly agreed; this must be done in writing. Where he does not fulfill his obligation to cooperate, does not do so in good time or does not do so in a proper fashion, we shall be entitled to charge him for the extra expense thus incurred. The right is reserved expressly to enforce any more extensive legalclaims.
5. Customer shall be informed in advance before we engageasubcontractortoperformanypartoftheservices.
6. If we work outside our registered office, the customer shall be obliged to take all measures needed to ensure safety of movement where nothing different arises fromthe nature of the matter concerned or from an agreement with thecustomer.Weshallbeentitledtorefuseperformanceof the service as long as the necessary measures have not beentaken.
7. Customer shall inform TÜV Middle East promptly and in advance of any potential or actual hazards/dangers associated with anyorder.
1. The Customer shall fulfil the certification requirements, including implementing appropriate changes when they are communicated by the TÜV Middle East;
2. If the certification applies to ongoing production, the Customer shall ensure that the certified product continues to fulfil the productrequirements;
3. The Customer makes all necessary arrangementsfor: i. the conduct of the evaluation and surveillance (if required), including provisionforexamining documentationand records, and accesstothe relevantequipment,location(s), area(s),personnel, and Customer's subcontractors; ii. investigation ofcomplaints; iii. the participation of observers, ifapplicable;
4. The Customer makes claims regarding certification consistent with the scope ofcertification;
5. The Customer does not use its product certification in such a manner as to bring the TÜV Middle Eastinto disrepute and does not make any statement regarding its product certification that the TÜV Middle East may consider misleading or unauthorized;
6. Upon suspension, withdrawal, ortermination of certification, theCustomer discontinues its use of all advertising matter that contains any reference thereto and takes action as required by the Project and takes any other requiredmeasure;
7. If the Customer provides copies of the certification documents to others, the documents shall be reproduced in their entirety or as specified in the Project;
8. In referring to its product certification in communication media such as documents, brochures or advertising, the Customer complies with the requirements of the TÜV Middle East or as specified by theProject;
9. The Customer complies with any requirements that may be prescribed in the certification scheme relating to the use of marks of conformity, and on information related to theproduct;
10. The Customer keeps a record of all complaints made known to it relating to compliancewithcertification requirements and makes these records available to the TÜV Middle Eastwhenrequested,and i. takes appropriate action with respect to such complaints and any deficiencies foundin products that affect compliance with therequirements forcertification; ii. documents the actionstaken;
11. The Customer informs the TÜV Middle East , without delay, of changes that may affect its ability to conform with the certification requirements.
1. TÜV Middle East shall exercise the control as specified by the Project over ownership, use and display of licenses, certificates, marks of conformity, and any other mechanisms for indicating a product iscertified.
2. TÜV Middle East shall deal with suitable action any incorrect references to the Project, or misleading use of licenses, certificates, marks, or any other mechanism for indicating a product is certified, found in documentation or other publicity.
3. TÜV Middle East shall inform the Customer when there is a change in the Project that affects the Customer. TÜV Middle East shall verify the implementation of changes by the Customer and take actions required by theProject.
4. TÜVMiddleEast shallberesponsible for, and shall retain authority for, its decisions relating to certification, including the granting, refusing, maintaining of certification, expanding or reducing the scope of certification, renewing, suspending or restoring following suspension, or withdrawing of certification. The details for suspension and withdrawal of certificate of conformity will be available on thewebsite.
1. Customer will ensure that only Certified Products by TÜV Middle East, shall be made available in the market or selling location under reference to an issued Certificate if they comply with the Regulations and insofar as the activities relate to a valid TÜV Middle East certificate. Customershallmaintainadetailedregisterofallcomplaints received with respect to the products, as well as of the actions it has undertaken in order to rectify the complaints. The Customer shall make this register available for scrutiny by TÜV Middle East at the latter’s firstsimple request. TÜV Middle East shall be entitled to make a copy of this register at any time.
2. TheCustomershallonlyusethelogosofthecertification scheme according to instructions from the certification scheme owners. The Customer is forbidden from using the TÜV Middle East logo in any othermanner.
3. DuringthevalidityperiodoftheCertificate,theCustomer shall take every measure that is necessary to continue to fulfil all of the Regulation requirements. As soon as the Customer is aware that a Product that relates to a valid Certificate does not (or no longer) correspond to the Regulations, he must take the necessary measures to isolate the Product and then halt any reference to the Certificate,includinganyonpackagingoranyotherProduct related data carrier, such as publicity or other announcements.
4. The Customer shall abide by all of the information and notificationobligationsimposedonhim,includingthosevis- à-vis the government, TÜV Middle East and the owner of the Certificationscheme.
5. The Customer undertakes to not use the Certificate (or allowing it to be used) contrary to the Regulations and/orin a manner that could damage the interests or reputation of TÜV Middle East and/or the owner of the Certification scheme. The Customer indemnifies TÜV Middle East and/or the owner of the Certification scheme against all detrimental consequences, including those arising as a result of productliability.
6. A Certificate may not be transferred, unless explicit and written approval has been granted by TÜV Middle East in advance.
1. Periods and dates shall always be as per the Gregorian calendar and be taken as approximate where no binding agreementhasbeenmadeinindividualcases;thismustbe done in writing. Where such periods and dates are not binding, we shall only be in default if the customer has previously set us a reasonable deadline in writing for performance of the service owed and such request has beenfruitless.Inanycaseperiodssetshallonlycommence withthecompleteperformanceofallactionsofcooperation due from the customer and – where a down-payment has been agreed – from the receipt of such payment. Any subsequent requests for changes or belated actions of cooperation on the part of the customer shall mean an appropriateextensionoftheperformancetimesequaltothe delay caused by the customer for not beingcooperative.
2. TÜV Middle East shall not be liable for any damages as aresultofanydelayorfailureofdeliveryofServicesdueto any circumstances beyond the reasonable control of us, including, without limitation to war, warlike conditions, terrorist attacks, freight embargoes, storms, acts of God, equipment break down, riots, civil commotion, floods, earthquakes, any strike, lock-out or other form of industrial action, governmental orders or restrictions, hostilities, mobilization, blockade, revolution, looting, fire, leakage or bursting of tanks or pipes, acts oromissions of customer or any of its representatives, fire, accident, strikes, slowdown, delayintransportationorinabilitytoobtainnecessarylabor, materials, fuel at manufacturinglocations.
3. In the event of any such delay, we are discharged from itsobligationtodeliverandprovideitsServicesandthedate of delivery shall be extended for a period equal to the time lost by reason of delay and if such delay is caused by an act or omission of the customer or any of its representatives, TÜV Middle East shall be reimbursed for any additional costs arising from suchdelay.
4. If the customer delays acceptance or violates any other obligation to cooperate, TÜV Middle East shall be entitled todemandcompensationforanydamageTÜVMiddleEast may suffer, including any extra expensesincurred.
All changes in the Customer’s organization, which could lead to the Customer no longer fulfilling the conditions for the Certificate, shall be passed onto TÜV Middle East immediately in writing, and could lead to suspension or withdrawaloftheCertificate.Suchchangescouldbebutnot be limited to modifications to the customer’s legal, commercial and organizational circumstances, the name, the company controls, the organization, the Customer’s board or management, the Customer’s contact addresses and locations, the scope of the activities under the certified system, the management system and the management procedures, closing or opening a product site, changes to the certified Products/Systems and soon.
2. TÜV Middle East shall inform the Customer immediately if there is a change with respect to the applicable Regulations/standards/scheme requirements etc which couldimpactuponCertification.TÜVMiddleEastwillcheck to ensure the certified Product/System fulfils the new Regulations/ standards/schemerequirements.
3. TÜV Middle East shall determine, on the basis of the information gathered, which steps are necessaryin order for Certification to be retained, limited, expanded or updated after the relevant changes to the Customer’s organization or the Regulations on the basis of the requirements set forth in the Regulations.
4. If the scope of the Certification changes, the Customer must amend his publicity materials to reflectthis.
1. Certification agreements may be terminated by TÜV Middle East at any time, unilaterally, with immediate effect and without reimbursement being due, if there are well founded reasons vis-à-vis the Customer. Such reasons could include: the provision by the customer of incorrect or incompleteinformation,abreachbytheCustomerofavalid norm, the misuse of issued certificates, sanctions being imposed on the Customer by governments or other certification bodies, the refusal of inspections by the Customer, non-payment of fees owed to TÜV Middle East, and more but in general: any activity that fundamentally impacts upon the trust between theparties.
1. Certificates of Conformity are issued on the basis of information, documents and/or samples provided by, or on behalf of, Customer and solely for the benefit of Customer who is responsible for acting as it sees fit on the basis of such Certificates of Conformity. Neither the TÜV Middle East nor any of its officers, employees, agents or subcontractors shall be liable to Customer nor any third partyforanyactionstakenornottakenonthebasisofsuch Certificates of Conformity nor for any incorrect results arising from unclear, erroneous, incomplete, misleading or false information provided to the TÜV MiddleEast.
2. The liability of TÜV Middle East in respect of any claim for loss, damage or expense of any nature and howsoever arising shall in no circumstances exceed a total aggregate sum equal to ten (10) times the amount of the fee paid in respectofthespecificservicewhichgivesrisetosuchclaim or US$10,000 (or its equivalent in local currency), whichever is the lesser. In no event shall TÜV Middle East be liable for any indirect or consequential damages including but not limited to loss of profits, businesses or opportunities.
1. This Terms & Conditions shall be governed by the laws of United Arab Emirates (UAE) and shall be subject to the jurisdiction of the UAE Courts.