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General Terms and Conditions

Quotations

Validity – This quotation is valid for three months from the date of submission

The quotation is based on the inputs provided by the client. If however, during the course of providing the service if it is found that the information furnished by the client is not in agreement with what was provided earlier, the Company reserves the right to alter and amend the quotation and send the final invoice accordingly, which shall be binding on the client.

Travel and Living expenses shall be borne by the client, unless otherwise agreed upon. In the case of overseas assignments, the visa and related charges will also be charged at actuals.

The company reserves the right to amend the quotation upwards, in the event of any unforeseen expenses, including statutory requirements, which is beyond our control.

Invoicing

Proforma Invoices will be issued for requesting advance payments to enable us offer our services and the advances so received shall be adjusted against the final invoice. Advance payments received are non-refundable and non transferable.

Phase wise/ Activity wise invoices, wherever applicable, will be issued.

Payment Terms

  • Within 14 days after receipt of the invoice. Delayed payments will attract an interest fee of 18% p.a.
    All Payments shall be made thro’ Demand Draft/Pay Orders payable at Bangalore or by At Par Payable Cheques in favour of:
    • TUV Rheinland (India) Pvt Ltd.,
      The Hongkong and Shanghai Banking Corporation Ltd
      No. 7, Mahatma Gandhi Road, Bangalore - 560 001
      Account No: 072-669229-001, IFSC : HSBC0560002
    • Swift: HSBCINBB
  • Bank Charges, if any, shall be borne by the Client.
  • In case of failure to pay the invoices despite reminders, the Company shall reserve the right to proceed legally against the client, including availing the services of third party recovery companies and the costs incurred thereon, shall exclusively be borne by the client.
  • The Company shall also reserve the right to withdraw or suspend all or any of its services to the client, till such time that the invoice/s is/are settled.
  • In the event of any cancellation of services the company shall forfeit the initial registration/advance fee paid.
  • Taxes – Will be charged as applicable

Others

  • Usage of Logo, Corporate Name shall be used only under express approval by us.
  • All copyrights, trade marks, etc shall remain vested with TUV
  • All reports, documents, etc forming a part of our assessment activities shall remain the property of TUV.
  • All disputes are subject to jurisdictions of the courts in Bangalore
  • In the event of sudden postponement of audits, inspections/rescheduling of audits, inspections, etc,, by the customer on two or more occasions, TUV reserves the right to charge an additional fee to compensate for the manday loss that the company may incur if it were to be otherwise engaged. The clients need to atleast give one week’s prior notice for change of audits/inspections in order to ensure that we schedule the audits accordingly.
  • Similarly, if TUV postpones the audit/inspection for circumstances beyond it’s control on two or more occasions, TUV reserves the right to equally compensate the customer for the losses incurred.
  • However, audits/inspections postponed due to force majeure, such as strikes, lockouts, floods, tempests, earthquakes; etc shall be excluded from the application of penal provisions.
  • However, the maximum amount of compensation for both the parties i.e., the customer and TUV shall not exceed 25% of the total audit/ project cost, agreed for the inspection/audit whichever is higher.
  • The necessary compensation, if and when enforced, shall be adjusted in the according invoices raised by TUV.
  • Normally, the Surveillance audits will be carried out after the settlement of earlier/old/pending invoices.
  • The Terms and Conditions shall also be posted on the Homepage of the Company and if for any reasons the present terms and conditions or amendments to the same that may take place from time to time cannot be individually communicated to the customers/prospective customers, the display of the same on the Homepage of the Company shall be deemed to be a communication from the company to the customers/prospective customers.

Indemnity
The customer will indemnity and hold harmless TÜV Rheinland India and against any and all liabilities, damages, claims, losses costs & expenses (including reasonable attorney’s fees) resulting from breach of agreement or resulting from relating to or arising out of the misuse or alleged misuse by the customer of any registration certificate logo or mark of conformity provided by TÜV Rheinland India pursuant to this agreement.

Liability
Neither TÜV Rheinland nor its personnel shall have any liability to Customer for any claim, loss, damage or expense resulting from relating to or arising out of TÜV Rheinland’s performance of the service except to the extent resulting from the breach, negligence or willful misconduct of TÜV Rheinland or its personnel.

In the event of any claims loss, damage or expense incurred by the customer except as a result of TÜV Rheinland or its personnel in the performance of the service. TÜV Rheinland’s maximum liability to the customer shall be limited to the amount of the fees paid to TÜV Rheinland for the service.

Termination
Either party may terminate this agreement by written notice to the other, at least one month prior to the next scheduled service assignment date.

BF Specific Terms & Conditions

System Certification Group

  • For initial certification pre-audit is mandatory.
  • Rescheduling of audits, if any, on either side should be made well in advance.
  • Any changes in the Certificate Fees will be intimated to the customer and according changes will be charged to the customer.

Product Certification Group

  • 50% Advance to be paid at the time of release of Purchase Order / Signing of Quote Acceptance and balance amount within 14 days after receipt of Invoice.
  • This quotation is only for testing as per the standards mentioned herein. If any additional standards or requirements are applicable, a revision to this proposal will be provided for acceptance.
  • For any reason, if the cycle time as indicated above is not met by Customer either due to product failures, testing failures, modification delays etc., TÜV Rheinland India will issue charge additionally and will invoice for the same as found necessary.
  • This quotation does not include testing of Safety Critical Components in case they are not already certified.
  • The above-mentioned quotation includes the test laboratory charges for one cycle of testing.
  • This quotation does not include re-testing the product in case of failures.
  • The annual charges are subject to periodic revisions.
  • Wherever needed, the Client shall provide necessary auxiliary equipment and accessories.
  • Testing will be carried out at TÜV Rheinland India Laboratory or any other TÜV Rheinland India recognized laboratories.
  • Testing may involve some destructive tests. Hence TÜV Rheinland will not be liable for any damages caused to the product during testing.
  • During testing, it may be necessary to open, dis-assemble, remove components and also conduct chemical analysis from the sample and this must be acceptable to «Company».
  • This quotation considers one manufacturing location within India.
  • All Transportation and Logistics related to Test Samples are to be taken care by the Manufacturer

Mobility & Transport

  • The charges are applicable for an order of minimum 5 items at a time for testing and certification by our expert at the client premises (Facility). However, if the number of test items is less than 5, the travel and living expenses of the TUV expert apart from the testing charges to be borne by the client.
  • The testing would be done at the client premises, provided the client has the adequate facilities viz., meeting the requirements of calibration and traceability, accuracy, least count etc.
  • These charges are applicable for witnessing the tests by TUV expert(s) at Client premises (facility). If an outside facility is used for testing, then the responsibility of booking the facility and payment of the necessary charges would be borne by the client
  • This quotation is valid, assuming the item(s) meets all the requirements in one go. If not, 50% amount of the basic test charge is payable

Pressure Equipment & Materials Technology Group

  • For PED – AD2000 & MM
    • The quotation does not include testing of Safety Critical Components in case they are not already certified.
    • The quotation does not include certification of components that are not already certified as per the relevant directives.
    • The quotation presumes that all the relevant components are already certified.
    • The quotation does not include any laboratory charges if required at the time of certification.
    • The quotation does not include re-testing the product in case of failures
    • Wherever needed for testing, the client shall provide necessary auxiliary equipment and accessories.
    • The quotation considers one manufacturing location within India with not more than 40 employees.
    • The quotation is valid only when both AD 2000 and PED Material Manufacturer certification is carried out at one time.
  • For Third Party Inspections
    • The quotation is only a visual inspection and TUV Rheinland is not responsible for dimensional variations.
    • Inspection reports would be verified and issued on periodic basis as agreed upon.
    • The quotation does not include and test laboratory charges if required.
    • The manufacturer would intimate TUV Rheinland India Pvt Ltd of the inspection date and would ensure product is available for the inspection for the stage of inspection.
    • The manufacturer shall provide all the relevant documents / Certificates wherever required at the time of inspection.
    • Samples for inspections are taken by the Test Engineer / Inspector himself and not provided by the manufacturer.
    • The quotation will consider only locations specified by the client at the time of enquiry.
    • Should a product fail an inspection requirement it would be necessary to re-inspect the product and this would be charged at man-days rates additionally.
    • The quote does not include any design and drawing verification charges. If required will be quoted separately.
    • All the required assistance shall be provided by the client to TUV Engineer at the time of inspection.

Energy & Environmental Technology

  • All the costs associated with validation and attributed to UNFCCC will be charged at actual to the client if applicable.
  • Incase a new methodology is proposed, then an additional charge of INR 100,000 will be applicable and the same will be paid at the time of acceptance of the order by the client.
  • Any additional review due to change in PDD on account of UNFCCC requirements e.g. change in version of PDD, change in version of methodology, change in additionality or baseline or any other reasons will be charged extra at INR 25,000 per man-day. The amount will be paid immediately on submission of the pro-forma invoice.
  • The project proponent will be liable to pay the total quotation fees of project activity to TUV Rheinland India Pvt Ltd, irrespective of the result of validation of the project activity.
  • TUV Rheinland reserves the right to communicate with UNFCCC regarding the project at any stage once the project is uploaded on website of UNFCCC for comments by Global Stake Holders.

Business Risk Management Services

  • A Payment of 25,000 INR for the Registration Fee is due upon signing of the quotation and deductible from the total cost of Initial Certification. The Registration fee will ensure a further processing of the certification project.
  • For initial Certification, the pre-audit is optional and deductible from the grand total amount. Payment shall be made as stated in the following conditions