Terms & Conditions
Terms & Conditions
Terms and Conditions for Product Certification
General
Unless otherwise agreed in writing, all offers or services and all resulting contractual relationship(s) between Gaming Associates, to any person applying for certification services (the “Client”) shall be governed by these General Conditions. These General Conditions, and, as applicable, the Agreement, the Application, the Gaming Associates Certification Marks License Terms and Conditions constitute the entire agreement (the “Contract”) between the Client and Gaming Associates with respect to the applicable product certification scheme.
Limitation of Liability & Indemnity
Gaming Associates undertakes to exercise due care and skill in the performance of the Services and accepts responsibility only in cases of negligence or willful wrongdoing. Nothing in these General Conditions shall exclude or limit ga liability to the Client for death or personal injury or for fraud or any other matter resulting from ga negligence for which it would be illegal to exclude or limit its liability.
The total liability of either party to the other in respect of any claim for loss, damage or expense of any nature and howsoever arising shall be limited, in respect of any one event or series of connected events, to an amount equal to the fees paid to ga under the Contract (excluding Value Added Tax thereon). Gaming associates shall not be liable to the Client (includes its officer, employees, agents or subcontractors, or any third party) as arising from the performance of Services within this agreement:
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for any loss, damage or expense arising from
1. a failure by Client to comply with any of its obligations herein
2. any actions taken or not taken on the basis of the Reports or the Certificates; and
3. any incorrect results, Reports or Certificates arising from unclear, erroneous, incomplete, misleading or false information provided to us;
- for loss of profits, loss of production, loss of business or costs incurred from business interruption, loss of revenue, loss of opportunity, loss of contracts, loss of expectation, loss of use, loss of goodwill or damage to reputation, loss of anticipated savings, cost or expenses incurred in relation to making product recall, cost or expenses incurred in mitigating loss and that may be suffered by the Client; and
- any indirect or consequential loss or damage of any kind. The Client shall also not be liable to ga for any loss, damage or expense arising from any indirect or consequential loss or damage of any kind.
The parties further agree to hold harmless and indemnify each other and their respective officers, employees, agents or subcontractors against all claims (actual or threatened) by any third party for loss, damage or expense of a direct nature including all reasonable legal expenses and related costs and howsoever arising (i) relating to the performance, purported performance or nonperformance, of the Services or the Contract or (ii) out of or in connection with the parties product, process or service the subject of the certification (including, without limitation, product liability claims).
Each party shall take out adequate insurance to cover its liabilities under the Contract.
Archival Storage
Gaming Associates shall retain in its archive for the period required by the relevant Accreditation Body or by law in the country of the Certification Body all materials relating to the assessment programme and surveillance programme relating to that Certificate.
At the end of the archive period, ga shall transfer, retain or dispose of the materials at its discretion, unless instructed otherwise by the Client. Fees for carrying out such instructions will be invoiced to the Client.
Obligations of the Client
The Client shall comply with the following requirements:
- the Client shall fulfil the certification requirements, including implementing appropriate changes, when they are communicated by Gaming Associates;
- if the certification applies to ongoing production, the certified product shall continue to fulfil the product requirements;
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the Client shall make all necessary arrangements for;
1. conducting evaluation and surveillance (if required), including provision for examining documentation and records, and access to the relevant equipment, location(s), area(s), personnel, and subcontractors used in the processes;
2. investigation of complaints;
3. the participation of observers, if applicable;
- the Client shall make claims regarding certification consistent with the scope of certification;
- the Client shall not use its product certification in such a manner as to bring Gaming Associates into disrepute and shall not make any statement regarding its product certification that ga may consider misleading or unauthorized;
- upon suspension, withdrawal, or termination of certification, the Client shall discontinue its use of all advertising material that contains any reference thereto and take action as required by the certification scheme (e.g. the return of certification documents, such as certificate, letter of granting of certificate etc.) and other required measures;
- if the Client provides copies of the certification documents to others, then it shall be ensured that the documents shall be reproduced in their entirety or as specified in the certification scheme;
- in making reference to its product certification in communication media such as documents, brochures or advertising, the Client shall comply with the requirements of ga or as specified by the certification scheme;
- the Client shall comply with any requirements that may be prescribed in the certification scheme relating to the use of marks of conformity, and on information related to the product;
- the Client shall keep a record of all complaints made known to it relating to compliance with certification requirements and shall make these records available to ga, when requested, and
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the Client shall keep a record of all complaints made known to it relating to compliance with certification requirements and shall make these records available to ga, when requested, and
1. shall take appropriate action with respect to such complaints and any deficiencies found in products that affect compliance with the requirements for certification, and:
2. shall document the actions taken;
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the Client shall inform ga, without delay, of changes that may affect its ability to conform with the requirements. These changes may include one or more of the followings:
1. the legal, commercial, organisational status or ownership changes,
2. organisation and management (e.g. key managerial, decision–making or technical personnel) changes,
3. modifications to the product or the productions method,
4. contact address and production sites changes, and
5. major changes to the quality management system.
The Client shall ensure that all product samples, access, assistance, information, records, documentation and facilities are made available to ga when required by Gaming Associates, including the assistance of properly qualified, briefed and authorised personnel of the Client. The Client shall in addition provide Gaming Associates free of charge suitable space for conducting meetings In order to allow Gaming Associates to comply with the applicable health and safety legislation the Client shall provide Gaming Associates with all available information regarding known or potential hazards likely to be encountered by Gaming Associates personnel during their visits. Gaming Associates shall take all reasonable steps ensure that whilst on the Client’s premises, its personnel comply with all health and safety regulations of the Client, provided that the Client makes Gaming Associates aware of the same.
The Client shall immediately inform Gaming Associates of any and all changes in their premises which may affect their management system, their service their products, their process or their skills. Any breach of this obligation to inform may lead to the withdrawal of the Certificate. Furthermore, the Client is bound to inform Gaming Associates of any major non conformity identified during internal audits undertaken by the Client, its partners or public authorities. Client shall when requested accommodate the presence of observers during assessments. E.g.: Accreditation Auditors, or Trainee auditors.
Client shall when requested accommodate the presence of observers during assessments. E.g.: Accreditation Auditors, or Trainee auditors.
Obligations of Gaming Associates
Gaming Associates shall be responsible for the following:
- Gaming Associates shall make certification related documents available to the clients such as Certification Application, Certification Scheme, etc.;
- Gaming Associates shall agree on terms and conditions, fees, and timeframe, etc. with the Client before commencement of certification process;
- Gaming Associates shall provide and agree on evaluation plan with the Client;
- Gaming Associates shall communicate non-conformities to the Client on completion of evaluation, and provide costing for the reassessment of remediation;
On clearing of non-conformities, ga shall complete evaluation process and provide certificate to the Client along with rules and procedures for use of certification marks.
Disputes
Unless specifically agreed otherwise, all disputes arising out or in connection with these General Conditions or the Contract shall be governed by the laws of Republic of Malta and be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said.
Force Majeure
Neither Party shall be in default for any breach of the Contract if such Party’s failure to perform any of its obligations results from, but not limited to, strike, lockout, civil commotion, act of wat, imposition of governmental regulations or controls, inability to obtain any material, service, or any other cause beyond such Party’s control.
Miscellaneous
All notices (including invoices) or other communications required or permitted to be given pursuant to or in reference to this Contract shall be in writing and shall be valid and sufficient if delivered or dispatched by mail, personal delivery (to the respective registered office) or email for the Client: and for Gaming Associates: info@wrapbagtag.com