HACCPCanada Certification Contract
Terms and Conditions
1. General
HACCPCanada offers third party certification services in order for the Clients to be able to demonstrate conformity of Systems to their customers and peers.
2. Definitions
Client - the business or organization receiving the service(s).
Service - All activities performed by HACCPCanada in the execution of the Contract in accordance to these terms and conditions.
System - the organizational structure, responsibilities, activities, resources and events that together provide organized procedures and methods of implementation to ensure the capability of the Client to meet standards.
Plan - the standards to which the HACCPCanada HACCP-Based Food Safety Plan is structured.
Criteria - those requisite Systems necessary for Certification.
Certified (Certification) - A system that is in operation and subject to a valid certificate of conformance (Certificate).
3. Scope of Contract
This document describes the rights, responsibilities, and duties of HACCPCanada and Client whose System has been or is to be Certified by HACCPCanada to the Plan.
The Certificate awarded by HACCPCanada covers only the Client's System as Certified by HACCPCanada.
The Client remains solely liable for any defect or failure in its products, services or Systems and shall defend, protect and indemnify HACCPCanada from any claim, liability, and all defect, loss, cost, expense arising, out of or in connection with the said products, services and System(s).
4. Obligations of HACCPCanada
HACCPCanada will appoint competent qualified auditors to conduct audits and assessments of the Client's System in accordance with HACCPCanada rules, procedures and System requirements.
HACCPCanada will issue audit and non-conformance reports, if appropriate, after each audit activity.
HACCPCanada will issue a Certificate on successful completion of the initial certification assessment to the satisfaction of HACCPCanada.
5. Obligations of the Client
The Client agrees to comply with any conditions set by HACCPCanada for the issue of a Certificate and recognizes that HACCPCanada has clear and explicit rights to revise the requirements of Certification within the period of validity of the certificate.
The Client agrees to the Terms of Payment (Due on Receipt) for all invoicing. To help eliminate mail delivery disruptions and threat of fraud and lost or stolen cheques, the Client agrees to make payment by electronic means including, but not limited to, Direct Deposit (banking information is listed on the invoice), Wire Transfer, Interac E-Transfer, Credit Card, or any other EFT process. The Client is responsible for all fees associated with payment method.
To ensure proper credit is issued to Client's account, the Client agrees to notify HACCPCanada by email when Invoice payments are remitted (with the proper documentation in the event of Wire Transfers).
The Client agrees to undergo regular surveillance and audit as determined by HACCPCanada and must provide HACCPCanada with reasonable cooperation and assistance and allow HACCPCanada access to all premises, documentation and information deemed necessary by HACCPCanada to verify the maintenance of the System.
The Client agrees that HACCPCanada has the right to undertake unannounced or short notice surveillance evaluations; HACCPCanada has the right to implement higher surveillance frequencies based on a risk assessment of the Client's Certificate scope, System and location; additional surveillance visits, as deemed necessary by HACCPCanada, will be charged at HACCPCanada rates current at the time of supply of such services.
The Client recognizes that initial Certification will only be granted once all non-compliances are corrected; on-going Certification is reliant on continued compliance with the Standards rules and regulations which may change from time to time, including the requirement to address any non-conformances to the satisfaction of HACCPCanada in the specified time periods.
The Client shall inform HACCPCanada promptly of any significant changes to its product(s), services, resources, management, System or any other circumstances, which may materially impact on the continued validity of its Certification, for example but without limitation: change of site, additional sites, change of process, change of ownership, change of scope. In such circumstances the Client shall agree to the payment of any applicable additional fees and expenses deemed necessary for HACCPCanada to assess the impact and maintain confidence in the System.
The Client agrees that information relating to its Certification and scope of certification can be made publicly available by HACCPCanada.
The Client shall declare to HACCPCanada any activity which may create a conflict of interest in relation to its Certified System.
The Client agrees to conspicuously post the HACCPCanada Certificate in a publicly visible area and to add the HACCPCanada "Certified" logo to its website and all electronic/print media as necessary to convey the Client's Certification status.
6. Suspension and Revocation of Certification
HACCPCanada shall be entitled to suspend or withdraw the Client?s Certification on 7 days? written notice (or with immediate effect in the case of urgent need) and reserves the right to make public the fact that such action has been taken when, in the reasonable opinion of HACCPCanada the Client?s acts, omissions or conduct bring or may bring HACCPCanada or its Standards into disrepute; the Client represents, promotes or advertises any products or Systems which are outside the scope of its Certificate as Certified by HACCPCanada; the Client makes fraudulent misrepresentation or provides HACCPCanada with any inaccurate or misleading information, which is not corrected within three working days or immediately on being notified by HACCPCanada; the Client is in material breach of any term of the Contract; the Client is in breach of or is not subject to the requisite License agreements; or the Client fails to maintain or demonstrate an effective System such that the confidence in the Certificate is adversely affected.
Where it considers it appropriate, HACCPCanada may, at its sole discretion, inform the Client of its intention to suspend or withdraw Certification and to allow the Client a reasonable opportunity to take corrective action, within such timescales as HACCPCanada may reasonably specify, before the suspension or withdrawal takes effect.
On suspension or withdrawal of Certification the Client shall immediately cease to use any trademarks associated with HACCPCanada or to sell any products that have previously been labelled or marked (or authorized labeling and marking) using the trademarks, and cease to make any claims that imply that they comply with the requirements for certification.
The Client shall advise all relevant existing customers of the suspension or withdrawal in writing within three (3) working days (or other period as determined by HACCPCanada) of the withdrawal or suspension taking effect, and maintain records of that advice.
The Client shall, as requested by HACCPCanada, either destroy all electronic and hardcopy Certificates relating to the Certification and at its own expense remove all claims, service mark(s) trademark(s), other names or logos and copyright works from products, documents, advertising and marketing materials with immediate effect or return all such Certification to HACCPCanada. The Client shall also cooperate with HACCPCanada to confirm that these obligations have been met and shall, if requested, confirm in writing the destruction or return of all such references or certificates by one of its directors.
Further be it known that HACCPCanada offers no refunds for services rendered under the contract.
7. Indemnity
The Client shall fully and effectively indemnify HACCPCanada and keep HACCPCanada indemnified against all loss of or damage to any property or costs, expenses, claims, actions, demands and liabilities arising from or caused by:
a. The use or misuse by the Client of any Certificate, license, logo, service mark or trademark provided by HACCPCanada in accordance with the Contract;
b. Any breach of the Contract by the Client;
c. Illness, injury or death to any personnel of HACCPCanada, the Client, its subcontractors, suppliers or customers, together with any of their employees, agents or directors (?Client Group?), other than where due to the negligence of HACCPCanada;
The Client hereby acknowledges that a breach, default, non-compliance or non-observance by it of its duties and obligations owed under the Contract or otherwise may result in HACCPCanada being in breach, default, non-compliance or non-observance of its duties, liabilities and obligations owed to third parties such that HACCPCanada will be liable in damages or otherwise will sustain loss, costs or expense. Any such damages, loss, cost and expense are hereby agreed to be within the contemplation of the parties as being the probable results of any such breach, default, noncompliance or non-observance by the Client of its duties and obligations owed.
8. Force Majeure
HACCPCanada shall not be liable in any respect should it be delayed or prevented from discharging its obligations under the Contract as a result of any matter beyond its reasonable control (?Force Majeure?) and the time for performance shall be extended by the period of Force Majeure.
9. Invalidity
If any provision of the Contract shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provisions shall not affect the other provisions of the Contract and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision
The parties to the Contract are independent contractors and nothing in the Contract shall be deemed to place the parties in the relationship of employer/employee, principal/agent, partners or a joint venture.