The Scheme |
A scheme (including a Product Scheme) to be operated by CCSL for certifying organisation as having a Management System or a product that is in accordance with the appropriate international standards or other relevant normative documents. |
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Product Scheme |
A scheme which has been established for the certification of products within certain areas of technology and special procedures. |
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Quality Management System
(QMS) |
The organizational structure, responsibilities, procedures, processes and resources for implementing quality management. |
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Environmental Management System
(EMS) |
Same as QMS, but for managing environmental aspects and impacts. |
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Accreditation |
A formal recognition given by an authority that a body or person is competent to carry out specific tasks |
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Accredited certification body |
A certification body accredited by HKAS for activities to comply with HKCAS accreditation criteria. |
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HKCAS |
Hong Kong Certification Body Accreditation Scheme |
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CCSL |
Castco Certification Services Limited, a limited company established for operating and certifying of schemes. |
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Applicant |
A company, organisation or person that has applied for but has not yet been granted a Certificate. |
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Organisation |
A firm, body corporate or unincorporate which has been granted a Certificate. |
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Certificate |
A certificate issued by CCSL endorsed by a Governing Council Member and the Chief Executive of CCSL which recognises that the Management System(s) operated by the Organisation or the products provided by the organisation having been audited/evaluated by CCSL is in accordance with these Terms and Conditions of Services. |
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Council |
The Governing Council or the governing body of CCSL |
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| 3. |
Services and Certification Procedures |
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3.1 |
Appendix I indicates the “Services” CCSL provides in details which primarily covers: |
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- Quality System Certification;
- Product Certification
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3.2 |
On entering a binding contract to have CCSL providing the above services, the client (a legal entity) is guaranteed confidentiality from CCSL and vice versa. |
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3.3 |
Subsequent to a certification audit, the Client is issued with a Report stating the “Recommendation” which is not binded to the Certification Body. The ultimate decision to issue a Certificate lies with the Certification Review Committee which is independent to the audit team of Certification Body. The actual issuance, suspension, cancellation of a Certificate is subject to the appropriate HKAS guidelines. |
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3.4 |
A Certificate will be issued to a qualified Organisation for an initial period of 3 years and renewable every 3 years thereafter. Continuous certification is also subject to this “Term and Conditions of Services” and an Organisation may choose to terminate Certification from the Scheme stating its intension in a written notification to CCSL with a minimum of 4 months in advance. |
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3.5 |
An official application together with the fees paid, will be expired within 3 years from the date of an initial application by an Applicant |
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3.6 |
A Surveillance Visit at intervals which varies from 3 to 9 months depending on relevant schemes of certification, in order to verify the Organisation is complying with the Scheme and these “Terms and Conditions of Services”. |
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3.7 |
CCSL shall not disclose any confidential information concerning an Organisation except: |
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- with consent from the Organisation for the purpose of accreditation by HKAS or relevant parties.
- information already or later comes in the possession of CCSL, and which is not of confidential nature and is not derived from the Organisation concerned.
- as required by the Law court.
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3.8 |
CCSL will publish a Buyer’s Guide, listing of Certified Organisations. |
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| 4. |
Certification Fee & Charge |
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4.1 |
The following fees shall be charged by CCSL to an Applicant or Organisation: |
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- Application and Documentation Review fees
- Pre-Certification Audit visit – optional
- Certification Audit; Follow up visit (if necessary)
- Surveillance Visit; Renewal Audit
- Overseas traveling (non HKSAR), transportation, overnight lodging as may incurred by CCSL in relation to the audit.
- The initial annual subscription fee shall be paid by the applicant upon the award of a Certificate and shall be charged annually thereafter.
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i), ii) and iii) are prepaid.
iv), v) and vi) shall be paid within 30 days after invoicing.
All payments are non-refundable.
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4.2 |
Current rates of charging is set out within CCSL’s “Schedule of Fees” which are subject to revision as appropriate without prior notice to an Applicant/Organisation. |
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4.3 |
Non-payment of invoices may result in ceasing/suspension of audits and the suspension or withdrawal of Certificate, upon which CCSL shall not entertain any loss claim from an Applicant/Organisation. |
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4.4 |
All invoices shall be paid within 30 days as from date of issued regardless of the outcome of the audit, failure to settle the account will result a charge of interest at 4% per annum above Prime Rate of the outstanding fee on a daily basis from the overdue date. |
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| 5. |
Obligations of a Certified Organisation |
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5.1 |
An Organisation shall ensure CCSL have relevant supports in the execution of audit at its premises, i.e., access to samples, records, documents, facilities. In addition, an Organisation shall also provide CCSL information of its external complaints and their resolutions. |
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5.2 |
An Organisation shall claim compliance with the Scheme only for the activities being certified within the scope of certification, and shall notify CCSL of any amendments to its Management System which may affect its conformity under the Scheme. Also an Organisation shall not declare or makes implication that its product is superior to others due to CCSL Scheme certifications. |
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5.3 |
An Organisation shall ensure that the usage of Certification Information, Logo is complied with these “Terms and Conditions of Services” and not misleading in any sense. |
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5.4 |
A Certified Organisation shall ensure its products are fit for its purpose and meets other relevant requirements (local laws, health and safety directives). |
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5.5 |
An Organisation shall inform CCSL in its changes of operation premises and the Certification status is not transferable without prior approval from CCSL. |
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| 6. |
Use of Logo |
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CCSL is the ultimate owner of any certificate issued to certified Organisations. |
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An Organisation shall be able to use the Logo within the terms of its certification scheme and the Logo (size, dimensions, colours) shall also be in compliance with CCSL’s requirements which will be provided on request together with the issuance of the Certificate. |
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| 7. |
Suspension of Certification Rights |
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As and when an Organisation is in breach of the Scheme or any of these “Terms and Conditions of Services”, CCSL may require the Organisation to cease in using the Logo or any claim to certification under the Scheme immediately until the matter has been resolved. |
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| 8. |
Liability and Indemnity |
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8.1 |
CCSL endeavours to provide the Services in professional manners with due care and attention, and shall not be accountable for any claims of losses or damages from an Organisation unless being proved negligent. |
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8.2 |
Subject to paragraph 8.1, the total amount of liability that CCSL entertains shall be limited to 10 times the fees received from an Organisation in the year or $100,000 whichever is less. |
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8.3 |
Subject to paragraph 8.1, CCSL shall not be liable for an Organisation or any related third party:
For any losses, i.e., loss of business, loss of goodwill, loss of contract, loss of income, loss of anticipated cost savings, damage to reputation, damages as a result of third party claim that may suffer by an Organisation. |
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8.4 |
An Organisation shall be liable and will indemnity CCSL against all claims, demands, damages, costs, changes and other expenses incurred or suffered by CCSL arising out of any dispute or contractual or proceedings brought against CCSL by a third party claiming compensation against CCSL as a result of, |
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- the certification of an Organisation under the Scheme, or the breach of these “Terms and Conditions of Services” by an Organisation.
- The manufacture, use or sale of any products or the provision of any services by reference to the Logo or an Organisation’s certification under the Scheme.
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| 9. |
Miscellaneous |
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9.1 |
Any complaints or appeals from an Organisation shall be dealt with independently by the CCSL Appeals Panel. |
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9.2 |
In the event of any arbitration, claims, disputes, the judicial system of the HKASR takes precedent for the resolution. |
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Appendix 1 |