6 -APPEAL AND CLAIM PROCEDURE

LMS shall constructively and quickly resolve all Appeals and complaints from the client. In case it is not possible to come to an acceptable solution, or a suggested procedure is not acceptable, the client can appeal according to the following provisions.

In case of dissatisfaction with resolving a complaint or appeal, also the rejection, restriction or suspension the certification, the client can appeal. This appeal has to be presented within 30 days after LMS announces its decision. LMS is bound by the agreement to examine this appeal with the necessary attention and independence, and announce its decision with explanation in writing within 30 days. If LMS agrees to the appeal, it shall accept the new decision. If LMS decides to reject the appeal, it will be of the same effect as the original decision, with the notification that the procedure of another internal appeal is not possible. Each party bears its own costs connected with this procedure of an internal appeal.

After the procedure of an internal appeal is completed, or if it was not acted in accordance with the procedure for an internal appeal, each party can submit a disagreement related to this agreement for arbitration through the accreditation body or an independent third party, or legal interpretation if necessary. This procedure has no suppressive effect to the LMS decision.

The client / organisation is bound by the agreement to perform all necessary arrangements to meet the purpose of this agreement, to permit LMS representatives access to buildings and establishments of the organisation with an accompaniment of the organisation during regular working hours, and instruct them about keeping provisions on work safety, fire safety and protection of the environment. It also guarantees the right to review all the documentation, data, records and activities considered by LMS as important, to interview its personnel and to gain their full co-operation.

The client / organisation is bound by the agreement to inform LMS immediately in all cases and especially during periodical and follow-up audits, or during the renewal of certification about all planned and executed amendments of the system legal, commercial .status of ownership, organisation & management, significant events concerning health and safety and any related findings from any third parties, contact address & sites and its scope compared to the certificate. Neglecting this obligation to inform about the forthcoming changes can lead to the suspension of the certification.

The organisation is bound by the agreement to maintain the list of all complaints and corrective actions (internal and/or external) obtained in the certified system which shall be submitted to LMS representatives during each audit. Maintenance of the list is an imperative part of the system and it is the condition for maintaining or renewing the certification.

The client / organisation is bound by the agreement to do everything necessary to ensure the functionality of the system and its conformity with the standard.

An organisation can utilise its certification and LMS certification mark in commercial relations and in the media (e.g. in documents, brochures, advertisements etc.) in accordance with LMS conditions. The organisation can utilise its certification only to express that the system meets the specified standards or other normative documents, still for the activities certified. The organisation can neither use its certification nor the certification mark to mark its services, products and coverings, nor any other way indicate that the product or the service are conforming or approved by LMS. The organisation must not use its certification in a way that could endanger LMS reputation and must not make statements which could be considered by LMS as misleading or unauthorised. The client / organisation shall ensure that no certification document, mark, report or any of their parts be used in a misleading way. Any use or reference which could lead to a mistake will cause immediate suspension of the certification. In such a case, LMS will be entitled to require correction in the pertinent publication on the client’s expenses without the possibility of presenting a claim to recompense possible losses. The client / organisation must not in any circumstance allow a third party to use the Certification and the certification mark neither free nor for a charge. LMS is entitled to claim compensation of any damage caused by incor.

If any national or international regulation concerning the system certification becomes valid, both parties agree to keep and if necessary to amend this agreement in accordance with this regulation.

This agreement was concluded for an unlimited period. Both parties are entitled to terminate this agreement unilaterally with a 6-months notice period upon written notice communicated to the other party by a recommended letter. The notice period begins on the day of the postal stamp of the registered letter. LMS is entitled to give notice of this agreement at any time without the notice period. If the client / organisation does not comply with this agreement, including financial obligations. LMS is entitled to present a claim for compensation of losses resulting from it. Notice of this agreement has the same results as withdrawal of the certification according to clauses 5.3 and 5.5.

Both parties are bound by the agreement to keep confidentiality towards third parties. The obligation of confidentiality remains valid for both parties, also after this agreement is finished. information shall not be disclosed to a third party without the written consent of the both parties. Where the certification body is required by law to release confidential information to a third party, the client or individual concerned shall, unless regulated by law, be notified in advance of the information provided.

Both parties and the organisation are entitled to make public the fact that the certification of the organisation is going on or has finished. If a previous agreement is not contrary.

The client / organisation must not transfer its rights and obligations unless LMS gives written permission.

Financial conditions are agreed between the client and LMS or, a LMS representative in the residential country of the client.

This agreement is an agreement on work, not on the result. LMS shall be responsible only for the direct losses caused to the organisation resulting from material negligence or a serious mistake by LMS, its bodies, appointed persons, subordinates, representatives or suppliers. This responsibility is limited to the amount equal to 10 multiple of the amount accepted by LMS or its nominated representative based on the survey of results of the material negligence or serious mistake. All claims to compensation lose their validity six months after the event that the claim is based on.

The client is bound by the agreement not to recruit LMS personnel and representatives or use their services except from previous written approval by LMS. Breach of this agreement gives LMS the reason to terminate this agreement immediately, and legally entitles LMS to claim financial compensation for the losses in the amount of the gross annual income of the person whose services were lost for LMS, minimum in the amount of seventy multiple of the minimal monthly salary in the client's country in the time the LMS’s person has left. To prevent misunderstanding, the client / organisation has to always consider all the persons taking part in the performing of this agreement are the employees of LMS.

Both parties agree to apply the law of the Indian Govt. for this agreement. Any doubts considering the wording or interpretation of this agreement will be solved by mutual agreement of both parties; in a contradictory case the procedure given in point 7 of this agreement will be used. Both parties agree that contractual relationships arising out of this agreement shall be governed in parts not provided for in this agreement by the relevant provisions of applicable legal regulations of the INDIA, in particular by the Commercial Code, without the application of the conflict of laws clauses.. The Parties proclaim they have read this Agreement, have understood its contents, and, expressing their free and serious will, in witness whereof, they have signed it by their own signatures.