Translated with software: In the event of discrepancies between the German and English version of these General Terms and Conditions, the German version shall prevail.
In case you need any clarifications for any paragraph contact us directly before signing the order. Any complaints made after this time will not be accepted.
General Terms and Conditions for Halal Certification
Preamble
Halal products are products which fulfill the islamic regulations regarding the permissible and prohibited. This refers both to the composition of the product, as well as to the production, the packaging materials, storage and transport.
Currently, this has often not recognized or accredited guidelines are created and certificates awarded. The underlying criteria are different, so that these certificates mostly in the Islamic countries are not recognized. This situation is for both industry and the international trade business inhibiting and preventing business.
The HQC I halal quality control – in the following certification authority – has a standardized certification process and offers Halal certificates* by almost all Islamic accreditation bodies accredited/recognized worldwide*. Some of these places:
jakim Malaysia, Indonesia, GAC MUI-GCC, ESMA CICOT-UAE, Thailand, HAC-Sri Lanka as well as, for example, in almost all Islamic countries in Asia and Africa and of the Muslim community in Europe and many other accreditation bodies and authorities.
The certification authority provides for producers as well as traders who produce under their own brand name, a halal certificate from a Muslim perspective, with the proper permitted (halal) nature of food, cosmetics and other consumer goods. The certification shall be subject to the international Halal standards.
The certification shall be carried out on the basis of an appropriate examination of the ingredients and tour of the production facilities, each in accordance with the Halal standard relevant aspects can be assessed. The halal certification, such as a quality management certificate. IFS or HACCP, BRC, ISO 22000.
General provisions
for the order to review and, where necessary, subsequent certification of a
product with the Halal Certificate by the hqc GmbH (in the following – Certification Authority) and its customers (hereinafter – customer or customer), are exclusively subject to the following terms and conditions in the respective version at the time of issue of the order.
Deviating terms and conditions, which must be attached to by the customer, are not the subject matter of the contract, unless their inclusion is expressly agreed in writing.
Of the contract the subject of this contract is the commissioning of the certification authority by the principal for the investigation of a specific and customer defining product or product group, for compliance with the conditions for the grant of the halal certificate. The review shall be carried out on the basis of the certification process established by the certification authority at the time of award of the contract valid form.
In the case of a positive existence of all conditions by the customer and the product, the certification authority issued the certificate for the product.
Offers and Conclusion of Contract
The offers of the hqc GmbH are subject to change without notice. Tender documents, as well as brochures, etc. for the hqc GmbH are not legally binding, unless a liability not expressly accepted in writing. We expressly reserve the right to make changes.
Offers are, unless otherwise stated, for a period of 30 working days authentic and undertake not to
accept the order. Orders are only legally binding through the written confirmation of the order.
For the nature and scope of the services to be provided, the written order confirmation shall prevail. The correction of mistakes in offers, order confirmations and invoices the hqc GmbH remains reserved.
Prices and terms of payment
of the principal undertakes, for the costs associated with the inspection and certification. The Client acknowledges and agrees that the level of the tariffs to offset the economic changes will be adjusted. The Certification Authority reserves the right at any time and immediate change in price.
All prices are quoted in euros without vat. Payments are due and payable upon receipt of the invoice without deduction.
The next billing rates are supplied to the customer by the certification authority in writing by e-mail or postal mail. As a result, the current rates as notified in this manner are contractually agreed. The valid tariffs are thus express an integral part of these TERMS AND CONDITIONS.
There is a written objection by the customer and it is in the collection of a contradiction to any kind agreement, the certification authority has the right to the contract/contracts without notice and with immediate effect.
Payments can be made with debt-discharging effect by transfer to an account specified on the commercial documents. The client is in a cashless payment transactions and/or payment by direct debit liable for a smooth processing by the commissioned bank. All expenses incurred are to be borne by the buyer. The payment shall not be deemed to have been effected even if the account has been credited definitively the certification authority.
In addition, or subsequently commissioned services, which are not included in the confirmation of order will be invoiced separately. Activities about the offer Or as a result of discrepancies become necessary, will be invoiced separately.
In such in addition to billable activities relate in particular to:
(a) Repetition of the entire audit process or the audit activities or parts thereof due to
non-compliance with the applicable certification program or as a result of critical deviations;
(b) additional costs due to the suspension (suspension), withdrawal and/or reinstatement of a certificate;
(c) the revaluation due to changes in the management systems or products, processes or services.
The Certification Authority reserves the right to schedule for rush orders, cancellations or changes in the
services to an additional compensation in accordance with the provisions of the current remuneration rates.
For customers that an invoice is not properly settle, the certification authority shall be entitled to suspend the implementation of all activities and/or set and/or the suspension or withdrawal of certificates. Further rights shall remain unaffected.
The customer is not entitled to withhold payments due to clashes with the certification authority to withhold or with alleged claims against claims for payment of the certification authority to calculate them.
Unannounced audits and audits, customer audits
the Halal certificate is awarded only to products whose content and condition at the time of certification and comply with the directives on public procurement in the procurement period in sight.
The evaluation of certifying products takes place in two steps:
1- Ondesk Audit: The documentation of the customer in the premises of the CA verifies. The review contains all the ingredients, product specifications, as well as all QM documentation of the customer to ensure the Halal status of the products are relevant.
The customer is obliged to make available all documents relevant to the hqc GmbH. This also applies to
documents provided by the auditors during the entire certification process may be required.
2- On-site audit: An audit in the premises of the customer so that the Halal status of the products from goods receipt to finished product. The certification authority and the persons appointed by it for the purposes of the control operations and are therefore entitled to the customer’s premises during operating hours to enter and production/operations of controlled products to monitor and to pursue the path of controlled products. After consultation with the contracting entities may representatives The authorities and representatives of the accreditation bodies of the certification authority during the on-site audits.
The client undertakes in writing without delay, the certification authority significant changes in comparison with the details in the description of operation. The client undertakes to inform the certification authority immediately in writing if he withdraws from the control system or the controlled operation or part to another legal entity or another legal entity is operated by progress. The client commits itself in addition all rights and obligations arising from the contract concluded in each case/contracts to the assignee.
The customer shall be entitled to the certification authority a list of the scope and validity of this certification to lead and make it accessible to the public. The customer shall be entitled to the certification body the certification data in databases by means of computer and internet to process and a list of the scope and validity of the certification. The contracting authority issued by the signature of the contract/contracts until revocation of his explicit consent to the publication of this data.
The customer shall ensure that the certification authority all necessary product samples, Access, assistance, information, documents and business facilities are available on demand. This includes the support of suitably qualified, trained and authorized employees of the customer. The customer shall provide the certification authority in addition free suitable premises for the conduct of meetings.
The certification body is entitled to carry out unannounced audits at the customer after the issue of the certificate to make sure that the customer continuously to rules. In the event of a unannounced audit is the customer obliged to the auditors to ensure an immediate entry into operation. A refusal may lead to the withdrawal of the certificate or suspension. For unannounced audits may only travel costs will be charged. An inappropriate audit should
be completed negative canceled, then the certification authority is entitled pay after checking-out audits to make sure that deviations are corrected.
The certification body is entitled customer audits at the supplier of the respective Customer if this supplier Halal-critical goods to the customers in the production of Halal-certified products can be used. This applies in particular if these suppliers have no halal certificates or Halal certificates from non-accredited bodies. The customer is responsible for the appointment, as well as the emerging for acquisition costs. If the customer is to continue to be charged these costs to his supplier is left to the customer.
The customer may only reproduce or publish excerpts from reports of the certification authority, if the client has obtained the prior written consent of the certification authority. The Certification Authority reserves the right to initiate legal steps against this provision, if a publication. The client commits itself, no details about the provision, implementation
or execution of the services provided by the certification authority to publish.
The client has the right, at its request, in the processes that lead to a certification (if necessary), insight. In addition, the client has the right to lodge complaints against the decisions of the respective audit teams within 14 days after notification in written form and registered.
Certificates and audit reports:
The Halal certificate is awarded only to products whose content and condition at the time of certification and comply with the directives on public procurement in the procurement period in sight.
The certification authority remains the owner and owner of the copyright in view of all of your documents provided, in particular of each report or certificate. The customer may change the content of these documents in any form or incorrectly. Duplicates of certificates can be ordered with the certification authority at any time.
The reports and certificates are based on the information provided by the customer or on his behalf and documents are created and used exclusively for the benefit of the customers. Neither the certification authority nor any of its officers, employees or subcontractors are vis-à-vis the customer or third parties responsible for: (1) any kind of actions, which on the basis of reports and/or certificates have been taken or omitted, (2) wrongly issued certificates
submitted by the customer, the unclear, incorrect, incomplete or misleading information is based.
If the customer against the provisions of the certification authority (CA) or he uses the certificate is abusive, so this may be withdrawn without notice by the certification body. In this case, the customer is obliged to submit the certificate in original to the certification authority. Furthermore, it is the client, then prohibited from saying of the withdrawal of the certificate a declaration of the affected products and promotional materials of the completed contract provisions.
After each audit, the certification body with a report and transfers these to the customer. The recommendations contained within this report are not binding for the certification company. The decision to issue a certificate is solely at the discretion of the certification company.
The Customer acknowledges that the certification authority by the conclusion of the contract or the provision of services in any way for any obligations, as well as claims against the customer may be held liable.
To the extent permitted by law, the customer assures that he is not under the assumption or on the basis of the guarantees, representations, statements, representations, undertakings, agreements, promises, payments or commitments of any kind, not expressly granted in these terms and conditions, the conclusion of the Treaty was led into. The Customer waives any claims in each case unconditionally and irrevocably, rights or remedies that might arise for him in this context. Put
provisions or provisions in the documents of the client, these general terms and conditions contradict or change it or add to it, will be effective only if they are expressly and in writing by the certification authority have been accepted.
The customer will inform the certification authority without delay of any changes in operating conditions, the focus on the management system, which provides services, products, processes or the nature and extent of the customer’s business. Violations of this obligation, the withdrawal of the certificate. In addition, the customer is obliged to inform the certification authority over deviations, in the framework of internal audits by the customer, its business partners and public authorities.
The Certification Authority assumes no liability that the certificate is recognized throughout the world it has previously granted, unless this has been expressly agreed. A world-wide acceptance the HQC certificates is hereby excluded.
Any use of reports or certificates or contained information provided by the customer requires the timely payment of compensation.
Liability
The certification authority shall only be liable for intent and gross negligence on the part of its representatives and vicarious agents. The customer shall be liable the certification body in the case of a violation of each completed contract/contracts for the resulting damage. He holds the certification body and its staff in respect of any claims raised by third parties against these harmless and indemnify damages.
The above limitations of liability shall not apply to the claims of the customer arising from product liability. The Limitations of liability do not apply to attributable damages to body or health.
Claims for damages due to breach of duty, arising from positive breach of an obligation, culpa in contrahendo and unlawful acts against the hqc GmbH as well as against its vicarious agents are excluded insofar as it is not a case of wilful or gross negligence. The certification body shall not be liable for any special, incidental or consequential damages, lost profits, lost savings, and unless the damages are based on the absence of us guaranteed properties. A claim for damages does not apply if the cause of the damage in pre- and post-services from third parties, instructions of the client.
Contract duration and termination
of the agreement will be in force for the duration of a certification cycle is complete. He is automatically extended by a further certification cycle, if the customer does not respond within the agreed period of notice in writing.
A certification cycle consists of three years and is as follows: an initial certification in first year and one surveillance audit in the next two years. The validity of the certificate is fundamentally three years. Then begins a new three-year cycle with a re-certification.
The customer hereby instructs the certification authority with the implementation of the first certification and an annual surveillance audit and, if necessary, Re-certification-audits.
Each initial certification and recertification training for a quality management requires a competent person/persons. This can be a seminar organised by the certification body or as an in-house training in the business premises of the customer visits/completed.
The contract may be for a period of at least three (3) months prior to the end of the certification cycle may be terminated only in writing.
Final Provisions, court of jurisdiction shall
be governed by the laws of the Republic of Austria.
If the customer is an entrepreneur, legal person under public law or private person, is the exclusive place of jurisdiction for all disputes arising from this contract is the current seat of the certification authority. The same also applies if the customer has no general place of jurisdiction in Germany or domicile or habitual residence at the time of action are not known.
Severability Clause
Should individual provisions of this contract be or become invalid or unenforceable after the conclusion of the contract be invalid or unenforceable, the validity of the remainder of the contract remains unaffected. In place of the invalid or unenforceable provision shall be replaced by such valid and enforceable provision whose effects come closest to the economic purpose of the invalid or unenforceable, the parties have pursued with determination. The foregoing provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
*HQC logo is a trademark of the halal slaughtering office & halal quality control B.V., with its headquarters in The Hague Holland and Europe-wide locations and partners including hqc GmbH, FN 469056P, Register court: Vienna. All of the above-mentioned international recognitions and accreditations relate to hqc.B.V., with its headquarters in The Hague and are valid throughout Europe with the exception of slaughterhouses