KENAS-TS-F-015-02
KENYA ACCREDITATION SERVICE
P. O. Box 47400-00100
NAIROBI
ACCREDITATION AGREEMENT
The Kenya Accreditation Service (KENAS) having its registered offices at Nairobi on Upper hill – Embankment plaza hereinafter referred to as the National Accreditation Body and represented in this matter by Sammy K. Milgo, Managing Director hereby grants <INSERT NAME OF CAB having its registered offices at <INSERT CAB’S ADDRESS hereinafter referred to as the Conformity Assessment Body (CAB), an accreditation certificate to <INSERT ACTIVITY E.G. TEST, CALIBRATE, INSPECT OR CERTIFY within the specified scope of accreditation as indicated on the accreditation schedule and in accordance with the conformity assessment standards referred to in the accreditation certificate and on the conditions of the following agreement:-
Article 1: Regulations for Accreditation
1.1 The stipulations of the general rules and procedures for accreditation (in question) apply to this agreement as well as the conformity assessment standards specified in the accreditation certificate.
Article 2: Rights and Obligations
2.1 The CAB agrees that the conformity assessment services it offers shall conform to the requirements stated in the conformity assessment standards, general rules and procedures and applicable IAF/ILAC guidance documents.
2.2 Accordingly the accreditation body authorizes the CAB to offer conformity assessment services covered by the scope of accreditation.
2.3 The CAB agrees that persons representing KENAS shall be allowed access upon prior notification the premises of the CAB during the normal working hours.
2.4 The CAB agrees that the conformity assessment services for which the accreditation is granted shall be delivered competently.
2.5 The CAB agrees that the relevant documents that are issued for conformity assessment services such as calibration stickers, certificates, reports shall be fully accounted for on the granted scope and KENAS shall be allowed access to that information upon prior notification.
2.6 KENAS shall make public (in the Kenya Gazette and on its website) information about the current status of the accreditation that it has granted to the CAB.
2.7 KENAS shall where necessary provide on its website information on international arrangements in which it is involved.
Article 3: Surveillance
3.1 The accreditation body shall grant the accreditation for a three (3) year period (cycle) and shall carry out surveillance assessment on the sixth month for newly accredited CABs and thereafter at least once in a year, for the purpose of ascertaining continuous conformance, in accordance with the conditions stated in the Application for accreditation KENAS-TS-F-022 and Procedure for Granting Accreditation KENAS-TS-OP-019.
3.2 The surveillance shall be carried out by assessors/experts on KENAS establishment or contracted by KENAS for the purpose of assessment.
Article 4: Information on Changes
4.1 The CAB shall inform KENAS of any change or intended change of its ownership, legal or commercial status, changes to key personnel, policies, resources, premises, scope of accreditation, services, processes and or management system as well as other such matters that may affect the ability of the CAB to fulfill requirements of accreditation.
4.2 KENAS shall give due notice of any changes to its requirements for accreditation
Article 5: Complaints
5.1 The CAB shall keep records and report to KENAS, any complaints regarding those aspects of its services covered by the accreditation certificate.
Article 6: Publicity
6.1 The CAB has the right to publicize the fact that it has been authorized to provide conformity assessment services to which the accreditation certificate applies.
6.2 Among other methods, KENAS shall give due publicity to the accreditation of the CAB in the public media and to cancellation of this agreement with the CAB as appropriate.
Article 7: Confidentiality
7.1 KENAS is responsible for ensuring that its staff and or its contracted assessors / experts maintain confidentiality with respect to confidential information obtained in the entire accreditation process.
Article 8: Payment
8.1 The CAB shall pay KENAS all expenses in relation to accreditation process as determined by KENAS from time to time (refer to www.kenyaaccreditation.org).
8.2 The CAB shall pay KENAS an annual accreditation fees as per the current fee schedule obtained from the KENAS offices and website.
Article 9: Agreement Period
9.1 This agreement comes into force as from <INSERT DATE OF ACCREDITATION and remains in force until <INSERT DATE OF EXPIRY OF ACCREDITATION unless withdrawn for justified reasons by either party upon due notice given to the other party.
Article 10: Withdrawal/Suspension
10.1 The accreditation of the CAB may be suspended for a limited period of time for the following reasons:
10.1.1 If the surveillance assessment of the CAB shows non-conformance with the requirements of such a nature that immediate withdrawal is not necessary.
10.1.2 If a case of improper use of the accreditation certificate or accreditation symbol(s)/mark(s) e.g. misleading publicity is not solved by suitable retractions and appropriate remedial measures by the CAB.
10.1.3 If there has been contravention of KENAS rules and or procedures.
10.1.4 If there is mutual agreement between KENAS and the CAB emanating from significant changes in its management system, operations, change of key personnel, etc.
10.2 At the end of the suspension period, KENAS shall establish if the indicated conditions for re-instatement are fulfilled by carrying out an onsite assessment at the cost of the CAB. Where these conditions are fulfilled, the suspension shall be lifted and if not KENAS shall withdraw the accreditation.
10.3 The CAB shall still be required to pay the annual accreditation fee even if on suspension.
10.4 The accreditation may be withdrawn in the following circumstances:
10.4.1 Surveillance shows that non-conformance is of a severe nature and jeopardizes the status of accreditation.
10.4.2 The CAB fails to pay for KENAS services.
10.4.3 There is contravention of the accreditation agreement.
10.4.4 The Cab cannot ensure conformance to new rules and or requirements.
10.4.5 The CAB fails to take corrective action with regard to the suspension.
10.4.6 The CAB does not wish to prolong the accreditation. In this case the CAB shall inform KENAS in writing.
10.5 In the above cases, KENAS shall have the right to withdraw the accreditation by formally informing the CAB in writing.
10.6 KENAS shall publish the withdrawal of accreditation.
10.7 If withdrawal of the accreditation comes into question, the necessary time of notice prior to the withdrawal will differ due to the situation that causes it. Depending on the reason for withdrawal the following notice period will apply.
SL / Situation / Days of notice1. / Violation of an existing standard or reasons other than safety / Max: 60 days
2. / Non-payment of fees/ charges to the accreditation body (KENAS) / Max: 30 days
3. / Failure to meet other provisions of the accreditation agreement / Max: 60 days
4. / Bankruptcy or liquidation / Max: 30 days
5. / Misuse of accreditation marks and symbols / Max: 30 days
6. / If CAB has been suspended, the reasons for suspension not having been addressed within the specified time / At the lapse of the suspension period
7. / Mandatory compliance with new requirements in relation to revision of conformity assessment standard / Max: 6 months from the date of notification
10.8 If a CAB whose accreditation was withdrawn wants reinstatement, the CAB shall have to apply afresh for accreditation and the normal process from assessment through to award will follow.
Article 11: Design and use of the Accreditation Symbol/mark
11.1 KENAS, the owner of the accreditation logo and symbols / marks has legal rights to the logo and accreditation symbol(s) / mark(s).
11.2 KENAS, the issuer of the accreditation symbol(s) / mark(s) has the sole rights to grant, withdraw, suspend and cancel the use of the KENAS accreditation symbol(s) / mark(s)
11.2 The design of the KENAS accreditation symbols/marks shall be as detailed in the last page of this agreement and shall be reproduced in the same proportion and color pallet issued on a CD signed by representatives of KENAS and the CAB that sign this agreement. The conditions for use are:
11.1.1 The CAB uses the accreditation symbol(s)/mark(s) with respect to the services that are within the scope of accreditation and in conformity with relevant / applicable standard(s)
11.1.2 The CAB has the right to publicize that it has been authorized to use the KENAS accreditation symbol(s)/mark(s)
11.1.3 The CAB shall ensure that such publicity does not create confusion between its accredited and non-accredited conformity assessment services.
11.1.4 The CAB shall not make claims that could mislead purchasers, customers, users and the general public that performances of its services or its use are covered by the accreditation when in fact they are not.
11.1.5 The CAB shall exercise proper control on the use of its certificates and or the accreditation symbol(s) / mark(s).
11.1.6 Where the CAB makes incorrect references to the accreditation or uses the certificates or symbol(s)/mark(s) in advertisements, catalogues, brochures, newsletters, supplements, etc. in a misleading manner, KENAS shall take action that includes legal or corrective action or publication of the transgression.
11.1.7 In case of misuse of the certificates or accreditation symbol(s)/mark(s) by the CAB’s customer, the CAB shall be responsible for undertaking the necessary corrective action.
11.1.8 During suspension the CAB shall not use the KENAS accreditation symbol(s)/mark(s).
KENAS / CABName
Designation
Signature
Date
Design of the KENAS Accreditation Symbol/Mark
<INSERT ACCREDITATION LOGO WITH THE RIGHT SYMBOL/MARK
Dimensions: L X W = 188.9mm by 182.85mm
Colours: KENAS Green, Pantone 362C
KENAS Blue, Pantone 292C
KENAS Yellow, Pantone 7404C
KENAS Grey, Pantone 417C
KENAS Black, Pantone Process Black CV on coated
Pantone Process Black CVU on uncoated
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