DQS performs certification, audit and assessment services on behalf of their client. Notwithstanding individual agreements to the contrary, the client accepts the General Business Conditions and prices of DQS, as well as the “DQS Auditing and Certification Regulations” in their current issue at the time of order placing. A client’s contrary or deviating business conditions shall only be binding in case of express written acceptance by DQS.
DQS certifies audits and assesses the management system of the client, or parts thereof, with the goal of evaluating its conformity with specified or agreed requirements, including the effectiveness of the system or parts thereof. The client receives a written expertise and/or a DQS certificate, respectively a declaration of conformity or other attestation. As a matter of principle, assessments are performed at the clients’ place of operations. DQS is independent, neutral, and objective in their audits. Performance of services is subject to the provisions laid down in the cur- rent issue of the “DQS Auditing and Certification Regulations”, www.dqs.de, which are binding for both parties. Scope and extent of services delivered by DQS are specified in writing at the time of order placing; partial delivery is permitted.
Parties agree on the exact dates of the proceeding separately. Where during proper performance of the order, changes and/or expansions to the original extent of the order are identified, these additions shall be agreed upon in writing by both parties in advance. Insofar as changes or expansions make it unreasonable for the client to adhere to agreed provisions, they have the right to withdraw from the contract. In doing so, however, the client is required to pay the fee agreed or, where there is no such agreement, a suitable fee.
3. Duties of the client
The client shall make available to DQS all information and documents necessary for the contracted services to be delivered; completely, diligently, and in a timely manner. The client shall point out all procedures and circumstances that may be significant to the delivery of contracted services, without prompting. Unless the above-mentioned items have been complied with, the delivery of services will take place at the sole risk of the client, provided there is no contributory negligence on the part of DQS.
4. Confidentiality, copyright, data security
As used in this Agreement, “Confidential Information” shall mean and encompass information, know-how and data, of a technical, commercial, financial or any other nature, disclosed in any way by the parties to each other during the term of this Agreement or prior thereto in relation to the purpose specified in the preamble:
i) In writing and marked “confidential”; or
(ii) By drawings, models, prototypes, photographs, software programmes or in any machine-readable form, which information is stated by the disclosing party to be confidential; or information is considered proprietary information and shall be regarded as confidential. Information about the Client obtained from sources other than the Client (e.g., from the complaint or from regulators) shall be treated as confidential.
When DQS is required by law to release confidential information, the Client shall, unless prohibited by law, be notified of the information that DQS intends to provide, before disclosure.
5. Terms of payment
For the calculation of services, the respective and currently valid processes of DQS apply, unless a fixed fee or other basis for calculation has been expressly agreed upon. Invoices will be issued following each stage of performance and are due for payment in full within thirty days from the date of the invoice received, without deduction. In case of delayed payment, DQS is entitled to charge interest at the current bank rate. Existing prices will still apply to services that have already been confirmed in writing. 50% down payment for the audit fees. The remaining 30% fee will be made on 50% project completion and remaining 20% fees (including follow-up audit where required) and other related costs will be invoiced upon the completion of project.
6.Deadlines and due dates
DQS and the client schedule appointments for audit as far in advance as possible. Appointments are confirmed in writing. In case a confirmed appointment cannot be maintained by reason of the client, DQS may charge the client for expenditures actually incurred in preparing for this appointment.
If the client cancels less than eight weeks before the date of service provision, DQS shall bill the client 80% of the contract’s value, including travel costs incurred and cancellation fees.
If the client cancels fewer than seven working days before the date of service provision, DQS shall bill the client 100% of the contract’s value, including travel costs incurred and cancellation fees.
7. Duration and termination
The contract is concluded for an unlimited period of time on the date of order placing. The client may issue a written notice of termination a minimum of six weeks to the end of the quarter, without giving reasons.
In the case of termination by the client, DQS reserves the right to charge for services already provided. If the client terminates less than eight weeks before the date of service provision, DQS shall bill the client 80% of the contract’s value, including travel costs incurred and cancellation fees.
If the client terminates fewer than seven working days before the date of service provision, DQS shall bill the client 100% of the contract’s value, including travel costs incurred and cancellation fees. DQS may only terminate upon good cause shown.
8. Final provisions
The court of jurisdiction is United Arab Emirates. UAE law applies in all respects. Only the English language version of these Business Terms and Conditions is legally binding upon both parties. Should any individual provision be or become void, the validity of the remaining provisions hereof shall not be affected. In such cases, the void provision shall be replaced by relative provisions coming as close as possible to the business purpose of the contract, and safeguarding the interests of each party as much as feasible.
In addition to the provisions stipulated above, individual certification services are subject to specific requirements in their currently valid version, as well as their supplementary interpretations.With this issue, all of our previous general business conditions cease to be valid.