1.0 FEES AND PAYMENT
1.1 The initial quotation sets out the fees for assessment and certification. The charges are subject to inflationary pressures and will be reviewed and adjusted from time to time. Travel and accommodation expenses and any additional or special services will be charged as appropriate.
1.2 Charges for special visits will be agreed in advance based on the rates applicable at the time.
1.3 If the customer postpones or cancels a visit within 30 days of the agreed date of the visit, a cancellation charge of 50% of the visit fee will be payable.
1.4 All charges are exclusive of VAT.
1.5 Payment in advance may be required before the provision of any service. If credit arrangements are in place invoices will be submitted as soon as practicable following an assessment visit and payment is then due immediately. Certificates will not be issued until after full payment has been made.
1.6 The payment amount detailed in an invoice is due by the stated Payment Due date. The total amount outstanding will be accelerated upon the customer’s default on its payment obligation. Should the customer also acquire the service(s) of a BAR subsidiary company or trading division such as QSS, BARS and BARTS, the total amount outstanding to each subsidiary will become accelerated upon the customers default on its payment obligation to any one of the said subsidiary companies.
2.0 TERMINATION
2.1 Either party may terminate a contract for services:
a) By giving three months written notice
b) Immediately as a result of any major breach of contract by either party
c) If either party ceases to trade or goes into liquidation or a receiver or administrator is appointed
2.2 In the event of a contract being terminated as above, the QSS Certificate of Approval shall become invalid and the customer shall immediately return same to QSS together with any other documents or matter issued by QSS and shall immediately cease to claim QSS certification in any manner or by any means.
3.0 UNDERTAKING BY CUSTOMER
3.1 The customer undertakes that it will at all times during the term of the contract comply with all reasonable requirements necessary for the assessment and certification processes and will abide by all statutes, rules and regulatory requirements issued by any statutory or other competent body together with any codes of practice issued by any competent authority to which compliance is necessary to gain certification.
3.2 The customer guarantees the accuracy and completeness of all information supplied to QSS and will advise QSS promptly of any changes in its details or its ability to maintain compliance with the certification requirements.
3.3 The customer will not act in any manner or make any statements that might bring QSS into disrepute or make any misleading or unauthorized statements regarding its certification and shall comply with the requirements of QSS when making reference to its certification in any media.
4.0 LIABILITY
4.1 Other than in the case of deliberate neglect, QSS, its employees and subcontractors shall not be liable for any loss or damage sustained by any person due to any act or omission howsoever or whatsoever caused during the provision of the services.
4.2 In the event of any such neglect, the liability of QSS shall be limited to an amount not exceeding the assessment fee.
5.0 INDEMNITY
5.1 The customer shall fully indemnify QSS against all costs claims actions and demands arising from either the use or misuse of certificates and logos provided by QSS or any breach of contract or other agreement between the parties.
6.0 FORCE MAJEURE
6.1 QSS will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that is caused by events outside our reasonable control (Force Majeure Event).
6.2 If the customer cancels a visit within 5 days of the agreed date of the visit as a result of a Force Majeure Event then it shall not be liable to pay the cancellation charge detailed in clause 1.3 above. Provided always that the customer shall take all reasonable steps to bring the Force Majeure Event to a close or to find a solution by which QSS can continue to perform the services under this Agreement despite the Force Majeure Event.
6.3 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
a) strikes, lock-outs or other industrial action; or
b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
e) impossibility of the use of public or private telecommunications networks.
7.0 CONFIDENTIALITY
7.1 Other than as required by law QSS, its employees and subcontractors shall not disclose to any third party without prior written consent any information which comes into their possession as a result of their carrying out the agreed services.
8.0 LAW
8.1 The contract between the parties is governed by the laws of the country in which it is made and the parties submit to the jurisdiction of the relevant Courts. All notices will be deemed to have been duly served if sent by prepaid registered post to the last known most usual place of business of the party.
9.0 ARBITRATION
9.1 Any disputes or differences arising between the parties shall be settled by referring the matter to a lawful arbitrator appointed by BAR and the matter(s) shall be settled according to law.
10.0 USE OF CERTIFICATES AND LOGOS
a) Certificates shall only be issued in accordance with QSS procedures
b) Certificates are valid for the period printed thereon
c) Certificates will only be issued when the assessor and subsequently, QSS Management is satisfied that the customer is compliant with every respect of the relevant Standard
d) Logos will be supplied upon certification and vehicle badges are available on request
e) Customers may only use the logos whilst they are the holders of a current QSS certificate or are awaiting reassessment
f) Logos shall not be changed in any way without the consent of QSS Management.
g) Customers may use the logos to promote their certification on websites, promotional material, general stationery, buildings and vehicles
11.0 CANCELLATION AND WITHDRAWAL OF CERTIFICATION
11.1 Certification may be withdrawn if a customer fails to meet a final demand for payment or meet the requirements of the Standard upon re-assessment or it is brought to the attention of QSS that the customer is seriously in breach of the requirements of the Standard between assessments or if a customer misuses or abuses the QSS certificate or logos.
24.04.2018
© Quality Service Standards Ltd. Registered in England & Wales, Company No. 03804633. Registered Address: Tangent House, 62 Exchange Road, Watford, Herts WD18 0TG.
