Rights and Obligations
Cost of services and settlement procedure
– Payment for the completed volume is made in accordance with the price list of prices for services, according to the contract (depends on the quantity of products, type of products, number of tests and indicators for testing)
– Payment shall be made according to the invoices submitted by the Contractor for payment prior to commencement of work, in cash at the cash desk, or by bank transfer to the account of the Contractor. In this case, the basis for a voluntary start of work is an application for work from the applicant.
– In the case of payment under the Agreement (at the initiative of the Applicant) by a third-party organization, the Applicant must notify the Contractor in writing no later than 5 working days from the date of payment.
– By agreement of the parties, it is allowed to pay the Contractor’s services on an advance payment basis, the calculations for which are made monthly on the basis of invoices issued and acts of work performed.
– In the case of an expert’s departure to the place of an object located in a suburb, region or in another region, the cost of services additionally includes the cost of travel and travel expenses.
– Sending correspondence is carried out at the expense of the Customer.
– The work is considered completed after the signing of the certificate of completion by both parties or their authorized representatives.
Responsibility of the Parties
– For late payment of the Contractor’s Services, the Customer shall pay a penalty in the amount of 0.1% of the unpaid amount for each calendar day of delay.
– The measures of responsibility of the Parties, not provided for in the contract, are applied in accordance with the norms of the current legislation of the Republic of Kazakhstan
– Payment of the penalty does not exempt the Customer from fulfillment of the obligations stipulated by this agreement and from compensation for losses.
– All disputes and disagreements arising under this agreement are resolved through negotiations
– If it is impossible to resolve disputes within 30 (thirty) calendar days from the date of the first appeal of any of the Parties to resolve the dispute, disputes must be resolved in court at the location of the Contractor in accordance with the current legislation of the Republic of Kazakhstan.
– In case of unlawful use of the Mark of Conformity and the sign of product circulation on the market of the EAEU Member States, the Customer pays the Contractor a fine of 10% of the cost of the paid Service for confirmation of product conformity.
6.8. In case of untimely signing and returning by the Customer of the Act of work / services rendered that prevents the Contractor from issuing an invoice in electronic form within the time period established by the tax legislation of the Republic of Kazakhstan, the Customer must pay the Contractor a penalty in the amount of fifty percent of the amount of value added tax specified in paper invoice, but not less than forty monthly calculation indices.
Commitment and Financing
– PTsS LLP BIN 050140005499 opened a deposit account “Deposit Accumulative Plus” KZ35856000005587048, Bank Center Credit JSC, Р / С: KZ378560000000104572, BIK KCJBKZKX. The necessary guarantees to ensure its financial and economic activities, development and satisfaction of the social and everyday needs of workers, to give and continue to provide services in accordance with obligations on a contractual basis, as well as for the possibility of the OPS P to maintain impartiality and objectivity.
– The certification body has financial stability and has the resources necessary to carry out its activities.
Rights and obligations of the applicant
The customer must:
– comply with the procedure for confirming the conformity of products established by the GSTR of the Republic of Kazakhstan with the legislation of the EAEU;
– provide and create all the necessary conditions for conducting an assessment, including for checking documentation, providing access to all sites, protocols (including internal audit reports) and personnel for the purpose of assessment (control, re-assessment) and resolution of complaints, if any;
– inform about changes in the designs and characteristics of products, production technology or changes in the requirements of product standards;
– inform the Contractor about changes in the legal address, form of ownership, structure or Management of the Customer, reorganization or liquidation of a legal entity, contact information;
– do not use the product certificate in such a way that it creates a negative opinion about the Contractor and does not make any statements regarding the certification of its products, which can be considered misleading and unfounded;
– in case of suspension or cancellation of the certificate, stop using promotional materials containing a link to it and return at the request of the Contractor any certification documents;
– use the certificate only to confirm that the products are certified for compliance with established standards;
– when referring to your certificate in the media (in documents, brochures or promotional materials) to comply with the requirements of the
Contractor specified in this agreement;
– Do not use a certificate or other certification document in order to mislead anyone;
– pay in the manner and terms stipulated by the contract all expenses related to the provision of the Services by the Contractor, regardless of the results;
– provide the Contractor with the necessary information related to the certified products (contract, contract, invoice, foreign certificates and other documentation). In this case, the Customer is responsible for the authenticity of the translation;
– in the case of non-recognition or non-provision of foreign certificate (s) of conformity, provide products for certification tests and provide conditions for sampling products (samples) of products no later than 5 (five) calendar days from the date of application;
– comply with the obligations stipulated in clause 2 of Article 28 of the Law of the Republic of Kazakhstan “”On Technical Regulation”” in relation to products subject to mandatory certification;
– create the necessary conditions for the provision of Services provided by the conformity confirmation scheme;
– comply with the rules of product support with copies of certificates of conformity of a standard form. Copies of certification documents that the Customer provides to others must be fully reproduced;
– provide, at the request of the Contractor, the registration of all claims received to it, complaints regarding the conformity of the products with the requirements of the standards, as well as provide access to these registration records to the Contractor upon request;
– take appropriate measures to claims, complaints and deficiencies found in products that adversely affect the compliance of products with the requirements for certification, with documentary justification and confirmation of measures taken;
– in the case of marking certified products with the Mark of circulation on the market, be guided by the requirements of the Rules for the application of the Mark of circulation of products on the market of EAEU Member States, in accordance with the Unified Forms approved by the Decision of the CU Commission of 15.07.2011. No. 711. In this case, the Customer is responsible for the correctness of its application and use;
– In the case of marking certified products with the Mark of Conformity, submit an application to OPS P for permission to label products with the Mark of Conformity and conclude an agreement on the use of the Mark of Conformity; (for certification of mass production)
– comply with the requirements for confirmation of compliance, including the implementation of the relevant changes brought to it by the Contractor;
– comply with all requirements regarding the use of the mark of conformity, as well as requirements for product information;
– immediately inform the Contractor of changes that may affect its ability to comply with the requirements of confirmation of compliance;
– carry out storage of control samples of products in accordance with regulatory documents;
– to provide access to production for conducting inspection control at least once a year in agreement with OPS P, to ensure the participation of observers if necessary (during certification of serial production)
– if for any reason it is not possible to carry out inspection control within the prescribed time period, notify the Contractor in writing indicating the reason no later than two weeks before the planned inspection control (for certification of mass production). (for certification of mass production)
– return signed acts of work performed / services rendered within 15 (fifteen) days from the date of their issuance.
– inform the holder of the certificate of conformity / declaration of conformity about the requirements of clause 2, clause 6 of this agreement.
– in case of cancellation of the certificate of conformity, return the original to the Contractor within 3 days from the date of cancellation.
The customer has the right:
– make claims regarding certification only in the field of activity for which the certificate was issued;
– in cases where the required certification area concerns specific procedures carried out by the Contractor, require the Contractor to provide the necessary clarifications;
– require the Contractor to provide additional information regarding the application.
The Contractor is obliged:
– timely and efficiently provide Services for the conformity assessment of products;
– to provide an objective assessment of the declared batch of products based on identification and tests carried out in an accredited testing laboratory (center) in accordance with the scope of accreditation and on the basis of documents submitted by the Customer;
– ensure the observance of confidentiality of information constituting a commercial secret, with the exception of information on non-compliance of the product with the established requirements or its potential danger to the consumer, as well as cases provided for by the current legislation of the Republic of Kazakhstan;
– provide the Services according to the schemes provided for by TR No. 90 “Conformity confirmation procedures” by the Decision of the Council of the Eurasian Economic Commission of 04/18/2018. No. 44 “Typical conformity assessment schemes”;
– inform the Customer about any changes in the requirements of the TSA, ND and take appropriate measures to fulfill the amended requirements;
– not allow commercial, financial or other pressure that jeopardizes impartiality in the implementation of activities to confirm compliance.
The Contractor has the right:
– in the process of fulfilling their obligations, attract third parties to provide the Services;
– do not start providing the Services until the payment is made by the Customer;
– provide the Services ahead of schedule, without violating the certification procedure;
– give information to the official representatives of the Customer on issues arising in the process of providing the Services;
– apply appropriate measures in case of incorrect references by the Customer to a certificate or Mark of Compliance;
– cancel the application if, within 60 (sixty) days, the Applicant has not provided the opportunity to carry out work to confirm compliance (namely, access to products for sampling, production for inspection, did not provide the missing documents, did not pay);
– annul the certificate in the cases provided for by the TR of the RK No. 90, by the Decision of the Council of the Eurasian Economic Commission dated April 18, 2018 No. 44 “”On typical conformity assessment schemes””, as well as in case of failure to fulfill the terms of the contract.