Responsibilities and obligations of both parties
1. Client (hereinafter Party A)
1) Party A shall always consciously abide by organic product management methods and certification implementation rules (only applicable to Chinese organic product certification), relevant standards, laws and regulations, and Party B's relevant management requirements.
2) Party A shall abide the relevant provisions of the certification, the fees determined in the contract shall be paid to the account of Party B at the prescribed time;
3) Relevant system documents and application materials shall be provided to Party B for document review at least one month before the certification inspection;
4) Party A shall provide valid evidence of the system operating for at least three months lately; and the record of operating organic management system shall be saved for over 5 years.
5) Party A shall make all necessary arrangement for the certification, including document review, access to all areas, records and equipment, sites, personnel and subcontractors of customers, the participation of observers; these arrangements are suitable for the routine, nonroutine and re-evaluation inspection, also resolving complaints.
6) Party A shall adhere to the principle of honest and trustworthy, provide real and effective authentication information during the whole process of certification, operate in accordance with the organic standards and technical specifications of products before and after the certification. No organic prohibited substances shall be used, and no false information shall be provided including the effective contact information. Use the certificate and certificate marks in accordance with the provisions properly after certified, and advertise the certification results correctly. Otherwise, Party A shall bear the consequences.
7) Party A shall correctly publicize the certification results when the content of product certification is involved in the communication media such as file, brochures, advert, etc. No certificate or certification mark may be misused, unlawfully used or exceeding its scope used. Once the certification certificate is expired, suspended, cancelled or revoked, stop using certification letters immediately in accordance with laws and regulations.
8) Party A shall establish the system to notify party B, timely report to party B the following information, including a) the legal status, operating conditions, structure states, or ownership change; b) organization and management change; c) contact address and site change; d) information on the management system, production, processing, operation status or process change of organic products; e) information about major changes and plant epidemic around the sites of the production, processing and operation of certified products; f) change of organic certified bases, base environment and certified products; g) important information about quality and safety of production, processing and operation of organic product, such as serious quality safety issues inspected by relevant governmental departments or major complaints from consumers; h) the certified operator has been penalized for violating relevant laws and regulations on agricultural products and food safety management; i) the raw materials or products purchased are not in compliance with the requirements of the certification; j) recall and/or disposal of non-conforming products.
9) Party A shall consciously accept the supervision from relevant governmental departments, certification bodies, consumers and media and relevant inspection activities, when consumers or media complaint, Party A shall stop selling activities, do well in self-examination and self-correction the first time, and timely report to Party B and local bureau of quality control department.
10) Party A shall not use its product certification in such a manner as to bring the certification body into disrepute. The confidential information of party B shall not be divulged to the third party in any form except when it is required by law.
11) Party A have the right to raise appeal or complaints to CNCA, CNAS for the dismissal of application, denial of certification, decision on the certificate suspension, cancellation and revocation, and other nonstandard certification behavior of Party B.
12) Within the validity period of the certification certificate, Party A shall apply to Party B for the change of the certification certificate in any of the following situations: the change of the name of organic production, processing property or the legal person; a reduction of the number of certification bases, product categories or products; an expiration of the conversion period of organic products; the circumstances that require change. When receiving notification from the certification authority, make appropriate changes and take corresponding measures according to the notice.
13) Party A shall make claims regarding certification consistent with the scope of certification, when international organic product certification is applicable.
14) If Party A provides copies of the certification documents to others, the documents shall be reproduced in their entirety or as specified in the certification scheme.
15) If the certification applies to ongoing production, the certified product continues to fulfil the product requirements.
16) to accept, in cases where the operator withdraws from the control system, to inform without delay Party B, and the control file is kept for a period of at least five years;
2. CHTC (Hereinafter Part B)
1) Party B shall strictly abide by the relevant national laws, regulations and rules regarding to certification activity, make the certification decisions and issue the certificate objectively and justly. Party A shall promptly notify Party A when the certification requirement changes.
2) If Party A's management system, the base environment, product yield, quality and consumer confidence can’t gain the full trust of Party B, Party B has the right to increase the supervision inspection frequency or non-routine inspection activities. When Party A lacks of credibility, extended use and exceeding the scope used, irregularities and misused, unlawfully use certificates and certification marks or doesn't pay the fee on time, Party B has the right to suspend and revoke the producers or sellers’qualification from using the certificate or certification marks.
3) Party B shall inspect the applicating items from Party A, assign the competent inspectors, and report the relevant information to CNCA;
4) Certification certificate and mark is the intellectual property of Party B. If Party A continues to use the certificate and mark and refuses to return them when Party B terminates the certification contract with Party A, after party a to continue to use the related certificates and certification marks, Party B has the right to demand compensation through the legal means as 5 times the contract amount.
5) Party B shall be responsible for publishing relevant information of Party A's approval, suspension, cancellation and revocation status on the website of CNCA;
6) Confidentiality: Party B shall not divulge Party A's business, production, technology, management and other information in any manner to third party, except the following situations: a. the information Party B gains before the contract is signed; B. the information has been disclosed by Party A ; C. when required by law.
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