General Terms and Conditions
GENERAL TERMS AND CONDITIONS of the certification bodies listed in the Appendix
I. Scope of application
These General Terms and Conditions shall apply between each certification body and its clients. The scope of application shall include the inspection and/or certification and other services unless otherwise agreed in writing or mandatorily provided by law.
II. Scope of inspection and certification
The norms and/or standards requested by the client in the respective contract(s) concluded shall form the basis of contract. The client herewith declares that it is in possession of the relevant regulations and/or guidelines, and is aware of and complies with their provisions. The currently valid version can be requested from the competent authority or organization and retrieved from the homepage of the certification body (see Appendix to the General Terms and Conditions) at all times. Clients shall be responsible for keeping themselves informed of any changes of the standards.
III. Rights and obligations of the respective certification body
In the course of its contractual activities, each certification body undertakes to observe the provisions named in Item 1 of the respective contract(s) concluded and, if conformity with the relevant requirements is determined to be given, to issue a report and/or certificate to the client, based on which the client can declare the products named in the certificate in accordance with the relevant guidelines. The frequency of inspections shall depend on Item 1 of the contract(s) concluded, e.g. in the organic sector, an inspection of the premises shall be conducted at least once a year, and additional unannounced and/or announced inspections, as specified by the currently valid version of Regulation (EC) No. 834/2007 and the currently valid versions of its implementing regulations, shall be conducted. The client shall authorize the relevant certification body to keep records on the scope and duration of the certificate’s validity and to make these records available to the public. The client shall authorize the relevant certification body to process certification data electronically and online and to keep records on the scope and duration of the certificate’s validity. The signing of contract(s) by the client shall indicate the client’s explicit permission, until revoked, for the publication of this data.
IV. Rights and obligations of the client
V. Use of the trademark logotypes of the relevant certification body
VI. General provisions
With the exception of the sanctions involving immediate termination of the contract without notice as stipulated in Item 2 of the contract as well as the sanctions stipulated in Items III and V of the General Terms and Conditions, both contracting parties shall be entitled to prematurely terminate the respective contract(s) concluded without adhering to the prescribed notice period, i.e.: a) the certification body, if - insolvency proceedings are declared in relation to the client's assets or are denied due to the probability of insufficient assets to finance such proceedings, - the certification body was deceived with regard to significant aspects, upon which the inspection contract was based, - the client continually violates the obligations contained in the respective contract(s) concluded. b) the client if - insolvency proceedings are declared in relation to the assets of the certification body or are denied due to the probability of insufficient assets to finance such proceedings, - the certification body continually violates contractual provisions. The right to terminate the respective contract(s) concluded by mutual agreement shall remain unaffected.
VII. Contract fees, formal requirements Until now, the finance authorities have proceeded on the assumption that no fees apply to the respective contract(s) concluded. If the finance authorities should change their legal conception or if changes in relevant provisions of such contract(s) lead to an alteration of this status, the client shall bear all costs caused by this and indemnify and hold the relevant certification body harmless in this respect. Any amendments or additions to the respective contract(s) concluded shall be made in writing, including but not restricted to an amendment of this formal requirement. If any of the provisions is or becomes invalid, the validity of the remaining provisions shall remain unaffected. In this event, the invalid provision shall be replaced by a provision that corresponds most closely to the hypothetical will of the contracting parties. No oral supplemental agreements exist with respect to the respective contract(s) concluded.
The contracting parties undertake to keep all information concerning the business circumstances of the contracting partner obtained as a result of the respective contract(s) concluded strictly confidential. The contracting parties also undertake to transfer the obligation to maintain confidentiality about these circumstances to all personnel and inspection staff involved in the fulfillment of the contract(s). The obligation to maintain confidentiality shall not apply to reporting information to the authorities involved in the enforcement of the statutory provisions, which must be monitored by the respective certification body. The same applies to the provision of information on inspection and certification results - as well as irregularities and infringements or other factors influencing the products - to other nationally approved inspection bodies and/or associations and/or specification operators within the meaning of Item 1 of the respective contract(s) concluded, insofar as the client is a contractual partner of one of the above-named organizations.
Within the European countries, each certification body shall be liable only for malicious intent and/or gross negligence of its representatives and fulfillment staff. The client shall be liable vis-à-vis the relevant certification body in the case of a violation of the respective contract(s) concluded for damages resulting from this violation. The client shall indemnify and hold the certification body and its personnel harmless with respect to any claims for damages raised by third parties.
X. Agreement on the place of jurisdiction
The place of jurisdiction and the law to be applied to the contract with regard to the relevant certification body are referred to in the Appendix to the General Terms and Conditions.
Appendix to the General Terms and Conditions
These General Terms and Conditions apply to the following certification bodies:
• Austria Bio Garantie GmbH (ABG) Company register no.: 78753p Data processing register no.: 0921157 Homepage: www.abg.at Austrian law, place of jurisdiction: Korneuburg • Austria Bio Garantie – Landwirtschaft GmbH (ABG - Landwirtschaft) Company register no.: 497685 s Homepage: www.abg.at Austrian law, place of jurisdiction: Korneuburg • agroVet GmbH (agroVet) Company register no.: 162821i Data processing register no.: 1053060 Homepage: www.agrovet.at Austrian law, place of jurisdiction: Korneuburg • Austria Bio Garantie d.o.o., Croatia Company register no.: 080665069 Homepage: http://hr.abg-cert.com Croatian law, place of jurisdiction: Zagreb• Austria Bio Garantie GmbH Enzersfeld Sucursala București, Romania Company register no.: J40/4498/2016 Homepage: http://ro.abg-cert.com Romanian law, place of jurisdiction: Bucharest • Bio Garantie GmbH, Italien/Südtirol, Company register no.: BZ–228455 Homepage: www.bio-garantie.it. at Italian law, place of jurisdiction: Bozen