Contract No.:
Certification Contract
Party A:
Party B:China Jiuding Automotive Supplier Certification Co., Ltd.
Based on Party A‘s certification application and “contract law of the people's
republic of China”, after negotiating, both parties reached this contract.
Certification Contract
1 Objective of Certification
According to the requirements of □ ISO/TS 16949 □ other , Party B provide the certification audit service to party A, to determine if the certification qualification can be registered/granted or maintained to Party A.
□ ISO/TS16949 Certificate
□ ISO/TS16949 Letter of Conformance
□ ISO 9001 Certificate
□ Other
ISO/TS 16949 are applicable to all sites of customer-specified production parts and or service parts of each client.
2 Certification Information and Activities
2.1 Basic Information
The scope of Party A’s management system which apply for certification
The product design responsibility of Party A (if no, shall provide the evidence) ：
The headcount which covered by Party A’s management system:
Audit man day (during certificate cycle):
The number of sites covered by management system is , the name, address, number of employees and function instruction of each site:
2.2 Certification Activities
2.2.1 □Initial □Transfer □ Re-certification
a) Pre-audit（□ Yes □ No）;
b) Readiness Review
c) Stage 2 Audit
d) Verification of Corrective Action
e) Certification Decision
f) If registration is approved, grant/re-issue the certificate or letter of conformance
2.2.2 Surveillance Audit
Within the effective period of certificate, the interval of surveillance audit is (□6 months □9 months □12 months), Party B conducts the surveillance audit to verify the conformity of the quality management system of Party A. All the surveillance are calculated from the last day of stage 2 of initial audit/re-certification, the deadline is: base on multiply the time of surveillance by 6 months (-1 month, +1 month); base on multiply the time of surveillance by 9 months (-2 month, +1 month); base on multiply the time of surveillance by 12 months (-3 month, +1 month);
If there are significant changes of Party A during the certificate cycle, and exceed 6 months before next routine surveillance audit, then special audit need be arranged. When necessary, cause the reason of Party A or requirement of Party B, add the non-routine surveillance audit against the determined quality management system of Party A.
2.2.3 Re-certification
Recertification audit shall not exceed 3 years (-3 months / +0 days) from the last day of the initial stage 2 audit (or last recertification). In order to keep the continuity of certification qualification, Party A shall raise the application of recertification within 6 months before the expiration date of the existing certificate
3 Certificate
The certificate is the evidence which indicates Party A obtain registration, Party A has the right to use the certificate for advertising and notifying. The only use of IATF logo is displayed on the certificate, any other locations or documents use of IATF logo is prohibited. The property of certificate belongs to Party B. During the valid period of certificate, the use of certificate shall meet the requirements of Party B.
Within the valid period of the certificate, if the certificate of Party A is cancelled or withdrawal or expired, Party A shall stop using the certificate and advertising its qualification, and return back the certificate.
4 Letter of Conformance
The letter of conformance, which meets the requirements of ISO/TS 16949 certification, is a temporary certificate without IATF logo, its validity is 12 months, it can be issued for the follow reason and situation:
A new site without twelve (12) months of internal or external performance data for the automotive production and /or service parts in the scope of certification;
A existing site that can demonstrate it is on an active bid list for a customer requiring ISO/TS16949 certification or compliance.
5 Responsibilities of both parties
5.1 Party A Shall
5.1.1 As a party of this contract, always agree to comply with the certification requirements of Party B, including following aspects:
a) Applicable laws and regulations, customer requirements;
b) The standard requirement of certification;
c) Currently valid certification audit requirements are issued by Party B (seer the public documents of Party B（CASC-PD）).
5.1.2 Pay the certification fee and other fee according to this contract (see clause 9 and contract annex)
5.1.3 Provide necessary facilities and convenience for Party B to perform the certification audit and relevant complaint research, including documents, data and records for reviewing and on-site visit etc.
5.1.4 Cooperate with Party B’s on-site audit, responsible for the truth and effectiveness of all documents, data, records, evidence and related information (Including oral and in writing) supplied to Party B. Party A shall provide the whole audit planning information before on-site audit, if not, it may result in audit termination, failed or Party B will initial the decertification process for Party A. Audit planning information shall include the following at least.
a) The performance data of 12 months recently
b) Customer complaints and treatment
c) Feedback from Customer (like second party score form, evaluation of customer satisfaction, customer special notice etc.)
d) Planning & result of internal audit and management review
e) Change of customer, customer’s special requirements, management system and its documents
5.1.5 Party A can’t refuse National certification and supervision department’s/the national accreditation Body’s/IATF’s on-site visit and investigation, and Party A shall permit Party B to provide accreditation body with audit report and other related audit information.
5.1.6Party A can’t refuse an IATF/CNAS witness audit of the Party B, Party A can’t refuse the presence of an IATF/CNAS representative or delegates and entourage of Party B, Party A can’t refuse the Party B to provide the final audit report to IATF/CNAS.
5.1.7 Party A can’t refuse the presence of a Party B’s internal witness auditor and conduct the witness audit.
5.1.8 Consultants to Party A（if exist）cannot be physically present at the client's site during the audit or participate in the audit in any way.
5.1.9 Party A shall finish the effective corrective actions of nonconformities within required time, and submit to audit team leader for verification, if not, may result in audit termination, failed or certificates withdrawn, Party A shall take the corresponding consequences.
5.1.10 Any change of Party A’s information, include legal status, commercial status, organization status or ownership status, affect the continuous running of management system and register information(certification scope, address, products and/or processes, customer’s special status condition), shall notice Party B within 10 days in written. Otherwise, may result in certificates withdrawn.
5.1.11 The employees covered by management system of Party A shall be re-approved before each on-site audit, shall notify Party B about the change, principle of approval include following:
a) The total manufacture headcount on site (including permanent, part time, contract, average number of daily workers for the previous six (6) month period, and temporary employees)
b) The number of relevant employees in supporting activities (remote or on-site)
5.2Party B shall
5.2.1 Comply with national relevant laws and regulation, and relevant requirements of National certification and supervision department /the national accreditation Body/IATF.
5.2.2 Provide objective, impartiality, effective certification service to Party A, and submit audit report, according to certification requirements and procedures in this contract.
5.2.3 When Party A meets the certification requirements, issue the quality management system registration certificate or letter of conformance to Party A.
5.2.4 Be responsible for open access of Party A’s certificate information, and providing the public with a query channel of Party A’s certificate information.
5.2.5 Once receive any complaints about product, process and service, shall timely notify Party A.
6．Right of both parties
6.1 Right of Party A
6.1.1 In the validity period of certification, use of the certificate and propaganda of the certification information base on the rules of Party B.
6.1.2 Raise the complaints and appeals against the certification action and certification decision of Party B.
6.2 Right of Party B
6.2.1 Manage the certification audit scheme and audit process strictly according to National law, relevant accreditation specification and rules of IATF.
6.2.2 Make public the certification qualification and certificates information of Party A.
6.2.3 Within the validity of the certification, implement the supervision and inspection against quality management system of Party A.
6.2.4 After be informed of major changes of Party A’s management system, Party B reserves the right to undertake the follow-up actions and additional activities base on action. (e.g. special audits)
6.2.5 When find that Party A does not meet the certification requirements and violate this contract, the certificate will be suspended or withdrawn.
7Contract come into force, Change, termination, indemnity and other Miscellaneous Provisions
7.1 This contract has two original copies, each party hold one. Two original copies have equal legal effect.
7.2 This contract becomes effective after signing by both parties. After that, if the terms of the contract need to be changed, when are negotiated and agreed by both parties, can sign "Certification contract Addendum". When "Certification contract Addendum" comes into force, the incompatible part in contract become invalid.
7.3 During the execution of this contract, all formal information of both parties shall be in writing (Including fax).
7.4 This contract shall not be terminated without justifiable reason, if one party wants to terminate this contract, 3 months advanced notice shall be sent to other party. After negotiation and reaching agreement by both parties, this contract can be terminated.
7.5 Any disputes occur during the execution of this contract, should be negotiated by both parties to solve. If both parties are unwilling to negotiate and mediate to solve the disputes, or the negotiation or mediating is invalid. Legal proceeding can be taken, submit the disputes to court where Party B is located
7.6 Both parties shall implement this contract earnestly. According to The PRC Contract Law, any party breach of this contract shall bear the responsibility of breach and the indemnity for the economic loss of another party. The maximum limitation of indemnity is the amount of this contract, Information about certification application refers to “certification contract attachment”.
7.7 The validity of this contract is deadline of certificate, if the certificate is canceled or withdrawn during the validity, the contract will be natural termination
8. Confidentiality requirement
Party B has the confidentiality duty for any information of Party A which is obtained in the course of an audit, Party B shall not, without prior written consent of Party A, disclose such information to any third party, unless:
a) Written permission of Party A
b) Public files of Party A
c) The information is obtained by Party B before sign this contract
d) Any other requirements by the law or regulation
e) Required by national authorities or IATF
9Other supplement provisions
10 Fees
10.1Party A shall pay following charges by the requirements of Party B and afford following charges
10.1.1 Initial, transfer or re-certification Fees.
10.1.2 The annual surveillance audit fee of times.
10.1.3 When expiration, fee for recertification (can sign the contract).
10.1.4 When incorrect information or materials provided by Party A results in the increasing of onsite audit day, the charges shall be paid according to actual occurred audit day.
10.1.5 When the onsite verification is needed, the charges shall be paid according to actual occurred audit day.
10.1.6 Party B’s auditor’s travel and accommodation expenses occurred during the audit.
10.1.7 If Party A change or cancel the audit schedule within 20 days before the second stage on-site audit, 50% audit charges and occurred travel and accommodation expenses shall be paid by Party A.
10.1.8 When the relevant Product/Scope/Site/Location/headcount changes after certification, that results in the adjustment of charges, a supplement contract shall be signed.
10.1.9 The detailed fee amount sees the appendix of this contract.
10.2 Payment
10.2.1 Party A shall pay 30% of initial certification fee within 30 days after signing the contract, not later than conduction of stage 1 audit, the balance shall be paid off 15 days before the stage 2 audit at least.
10.2.2 Charges of surveillance audit shall be paid off within 30 days before the on-site surveillance audit.
10.2.3 The increased charges by the reason of Party A, such as onsite verification, special audit, shall be paid before the implement of audit.
10.2.4 Party A shall pay the charges into following CASC’s bank account.
11 Contact Information of two parties
11.1 Party A
Name of Party A：
Address： Zip：
Contact Person ： Tel： Fax：
11.2 Party B
Name of Party B： China Jiuding Automotive Supplier Certification Co., Ltd.
Address： Zhongren Building, Jia 10, Chaoyangmenwai Street, Chaoyang District, Beijing Zip： 100020
Contact Person： Tel：(010)65993898 ，65993828 Fax：(010)65993830，65993897
Bank1： Bank of Beijing 北京银行朝外支行 Account Name1: 北京九鼎国联汽车管理体系认证有限责任公司
Account1： 01090366300120109114230
Bank2： Account Name2:
Account2：
Representative of Party A： Representative of Party B：
（Signature） （Signature）
Date： Date：
(Stamp ) （Stamp）
CASC-QF251-11
China Jiuding Automotive Supplier Certification Co., Ltd.
Supplementary of Certification Contract (quotation)
Organization Name: / Contract No.Certification scope / Audit type
Manufacture Site / Product design responsibility
□Customer(provide the relevant evidence)
□Organization
Remote Site / Already be recognized
□ Yes(provide the relevant evidence)
□ No
Total employees / Employees covered by the system
Initial/Transfer/Recertification audit fee
Contents / Man-days / RMB/man-day / RMB / Payment
Application fee / — / — /
- Pay 30% of initial certification fee within 30 days after signing the contract, not later than conduction of stage 1 audit.
- The balance shall be paid off 15 days before the stage 2 audit at least.
(Optional)Pre-audit / — / — / —
Documents review
Stage 1 audit
Stage 2 audit
English interpretation fee / -- / --
Veto and registration fee (including one Chinese and English certificate) / — / —
Sub total / After be negotiated by both parties, Party B issue
□Specialized VAT invoice
□Normal VAT invoice
6% value-added tax
Total
Surveillance audit fee and annual fee
Contents / Man-day / RMB/man-day / RMB / Payment
Each surveillance audit fee / Shall be due in full 5 work days after issuing the “Audit notification” or in full 30 days before the on-site surveillance audit.
Annual fee
Sub total
6% value-added tax
Total
Other fee
Contents / Man-day / RMB/man-day / Payment
Verification on site（When applicable） / Actual occurred / Pay before audit
Non-normal surveillance audit(When applicable) / Actual occurred
Representative of Party A: Representative of Party A:
（Signature） （Signature）
China Jiuding Automotive Supplier Certification Co., Ltd
(Stamp) (Stamp)
Bank Information of Party B
Name: China Jiuding Automotive Supplier Certification Co., Ltd.
Bank： Bank of Beijing Chaowai Branch
Account No.： 01090366300120109114230
CASC-QF251-11