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General Terms and conditions for the Contract of Certification Service
1. Purpose of the General Terms and Conditions
These General Terms and Conditions define the framework governing the relationship between FloraCert GmbH (hereinafter referred to as “the Certification Body”) and its clients seeking certification services in accordance with organic, food safety, and sustainability standards. By engaging our services, clients acknowledge and agree to comply with these terms and confirm that they possess the necessary knowledge and capability to implement the requirements and regulations of the applicable standards
2. Scope of Services
The Certification Body specializes in providing comprehensive certification services tailored to organic,
food security and sustainable standards. The certification services encompass Inspections or audits,
certification decision and the issuance of certification documents. Most standards and programs
require at least an annual inspection, surveillance audit, announced or unannounced risk-based
additional inspections. Audits can also be carried out to verify the implementation of corrective actions
from the annual inspection or at the request of the standard owner
3. Application Process
To initiate the certification process, clients must submit a duly completed application form together with all required documentation. The certification body reserves the right to request additional information in order to enable a thorough review of the application. The client may apply for certification services for one or multiple standards simultaneously and may expand the number of standards as needed, provided that these are covered within our scope of accreditation. For each change, a completed application form must be submitted and the certification agreement must be adjusted accordingly.
4. Fees and Payment Terms
Certification and service fees, as well as prices, will be set in the invoicing rules and made available to clients for the service agreement. Clients are expected to remit payment upon receipt of the invoice.
Advanced payment, either partially or in full, may be requested before the certification service is
provided, depending on the conditions. The rejection, suspension, or withdrawal of a certificate due to
non-compliance with the standard does not entitle the client to withhold or suspend outstanding
payments. The certification decision will be sent to the client after receipt of the final payment. Prices
will be reviewed and adjusted regularly or due to sudden fluctuations in price-driving factors. Any
increases will be communicated to the client after changes are made by the certification body. In the
event of delayed payments, additional charges may apply if extra costs arise because of the delay. The
Certification Body reserves the right to suspend services if payment obligations are not fulfilled.
5. Certification Criteria
Clients must satisfy the certification criteria established by relevant standards and regulatory frameworks. The Certification Body will conduct comprehensive audits to verify adherence to these criteria. Non-compliance may result in the denial of certification or the suspension of an existing certification.
6. Rights and Responsibilities of FloraCert
6.1. Rights of the Certification Body:
a. Conduct annual announced or unannounced inspections with onsite visits to evaluate the compliance of the Operator’s management, processes, production systems, and products with the standards’ requirements.
b. Conduct additional onsite or desk audits, including announced and unannounced inspections, and sample taking as necessary to evaluate the implementation of corrective actions for non-conformities.
c. Access all relevant documentation, facilities, and personnel necessary for the evaluation and certification process.
d. Issue certificate or non-certification based on the results of the assessment.
e. Cancel an inspection date anytime and offer an alternative date to the operator and will not bear for costs related to the cancelation and change of audit date.
f. Holdback the certificate if payment for certification service is not done in accordance with the payment agreement done in the invoice
g. Collect data related to certification activities and process it in accordance with the privacy policy of FloraCert GmbH.
6.2. Obligations of the Certification Body:
a. Provide high quality Inspection and certification services which highly trained and well trained personnel.
b. Inform the Operator of any changes to the general terms and conditions for the contract of certification service, price adjustments, and any other changes affecting the certification process, certification schemes and contractual conditions.
c. Provide written reports detailing the findings of audits and inspections.
d. Maintain confidentiality of all client information obtained during the certification process and will not disclose any such information to third parties without the explicit consent of the client, unless required by law or regulatory authorities.
e. Inform the operator about the change of inspection date immediately or in an appropriate time.
f. Issue certificate or non-certification based on the results of the certification decision.
g. Transfer the certification history to other certification bodies in case of a request to change the certification body
7. Rights and Obligations of the Client
7.1. Rights of operator: The certificate holder can use it for business purposes such as labelling, advertising according to the standard requirements during its period of validity.
7.2. Obligations of operator: The client is obliged to engage in the following activities, but not limited to:
a. The client shall always comply with the certification requirements, including implementing any necessary changes when communicated by the certification body.
b. If the certification applies to ongoing production, the client shall ensure that the certified product continues to meet the applicable product requirements.
c. The client shall make all necessary arrangements for:
i. The conduct of inspections as well as any follow-up or additional inspections (if required), including the provision of documentation and records for review and granting access to all relevant sites, production facilities, equipment, locations, areas, personnel, and the client’s subcontractors;
ii. The investigation of complaints;
iii. The participation of observers, such as representatives of accreditation bodies and/or other relevant competent authorities, as well as personnel of the certification body, where applicable.
d. The client shall make claims regarding certification only in a manner consistent with the scope of the certification.
e. The client shall not use its product certification in any way that could bring the certification
body into disrepute and shall not make any statements regarding its product certification that the certification body may consider misleading or unauthorized.
f. Upon suspension, withdrawal, or termination of the certification, the client shall discontinue all use of advertising materials containing any reference to the certification, take all actions required by the certification scheme (e.g. returning certification documents), and implement any other necessary measures.
g. If the client provides copies of certification documents to third parties, such documents shall be reproduced in their entirety or as specified in the certification scheme.
h. When referencing its product certification in communication media such as documents,
brochures, or advertising, the client shall comply with the requirements of the certification body or with those specified in the certification scheme.
i. The client shall comply with any requirements prescribed in the certification scheme regarding the use of conformity marks or product-related information.
j. The client shall keep a record of all complaints made known to it relating to compliance with certification requirements, make these records available to the certification body upon request, take appropriate action regarding such complaints and any product deficiencies that may affect compliance with certification requirements, and document all actions taken.
k. The client shall inform the certification body without delay of any changes that may affect its ability to continue conforming to the certification requirements.
8. Appeals and Complaints
Clients have the right to appeal any certification decisions or to lodge complaints regarding the certification process. Additionally, other participants may also submit an appeal if they observe that a client is violating the requirements of the standard or misusing the certificate and the benefits related to the certification results. The Certification Body will implement an internal procedure specifically designed to address and resolve such appeals and complaints, which will be made available on its website.
9. Limitation of Liability
The Certification Body shall be held liable only for intent and gross negligence within the scope of its activities. Claims for compensation for damages caused by the Certification Body are limited to the amount covered by its liability insurance. The Certification Body is not responsible for lost profits or other financial losses and cannot guarantee a sales market, a certain status, or licenses for certified or controlled products. The operator is responsible and liable for compliance with the standard and other aspects of product quality. The Certification Body cannot be held liable if third parties do not recognize the certificate or only partially recognize it. This also applies in the event of any claims for damages by third parties (namely customers of the certificate holder) due to non-fulfillment of their quality expectations or in cases where the certificate is not recognized as evidence in product liability disputes. The client is liable for any damage caused by products about which the Certification Body receives incomplete or incorrect information.
10. Additional Inspections
The client agrees that, in addition to the annual and initial inspections, the Certification Body has the right to conduct unannounced or announced additional inspections for various reasons, such as verification of non-compliance, sample collection, requests from authorities or standard owners, and as part of the standard requirements, among others. The costs of such additional inspections will be covered by the operator.
11. Contract Duration, Suspension, Withdrawal, and Termination
11.1. Contract Duration
The certification agreement enters into force upon the signing of the service contract by both parties and remains valid unless terminated in accordance with the conditions outlined in this section. Certificate is generally valid for a defined period (typically 12 months) and may be renewed based on continued compliance with the relevant certification standards, successful completion of surveillance activities, and the settlement of all related fees.
11.2. Termination, Reduction, Suspension, or Withdrawal
The certification service contract may be terminated by either party in writing at any time, with a notice period of at least six months prior to the desired termination date.
a. Termination by the client
The client may terminate the certification service contract as mentioned above. All fees for services provided up to the effective date of termination, as well as costs incurred for planned services that were not delivered due to termination, shall remain payable in full. Termination by the client does not absolve them of their responsibilities regarding any existing non-conformities or ongoing certification procedures.
b. Termination, Reduction, Suspension and Withdrawal by the Certification Body
The Certification Body reserves the right to terminate, reduce, suspend, or withdraw the certification services contract either immediately or by adhering to the aforementioned termination deadline, depending on the following reasons:
- Non-compliance with the certification standards or requirements or any actions that may compromise the integrity or reputation of the certification process. In such cases, the Certification Body will provide written notice to the client, detailing the reasons for the action and any necessary steps for reinstatement, if applicable.
- Failure to pay any fees or charges associated with the certification process.
- If the certification body hasInsufficient resources to adequately cover the required certification
standards or loss of accreditation for the relevant standard.
- Due to circumstances beyond the certification body’s reasonable control, including but not
limited to natural disasters, acts of war, or governmental actions.
- In the case of repeated or serious breaches of the terms and conditions of certification service
contract.
12. Breach of contract
The Certification Body reserves the right to terminate, reduce, suspend, or withdraw the certification services contract either immediately or by adhering to the aforementioned termination deadline, depending on the following reasons:
Examples of breach by the client may include, but not limited:
• Non-compliance with certification requirements or standards.
• Lack of cooperation during audits or denial of access for auditors to inspect relevant facilities, information, or documents.
• Providing false or misleading information.
• Misuse of certificates, logos, or claims.
• Failure to pay required fees.
• Inability to implement corrective actions.
• Failure to report changes that may affect certification.
• Engagement in fraudulent or unethical conduct.
13. Force Majeure
The Certification Body shall not be held accountable for any failure to meet its obligations under these terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, or governmental actions.
14. Governing Law
These General Terms and Conditions shall be governed by and construed in accordance with the laws of Federal Republic of Germany. Any disputes that arise in connection with these terms shall fall underthe exclusive jurisdiction of the courts located within that jurisdiction.
15. Amendments
The Certification Body reserves the right to modify or amend the General Terms and Conditions of the certification service contract at any time. Clients will be duly notified of any such changes per Email, and continued use of services will signify acceptance of the revised terms.
16. Conclusion
By engaging with FloraCert GmbH, clients confirm that they have read, comprehended, and agree to these General Terms and Conditions of Business. These terms are designed to ensure a mutual understanding of the rights and responsibilities of both the Certification Body and the clients involved in the certification process.
17. Gender Disclaimer
The masculine spelling used in our documents, on the homepage and in our correspondence always refers to female, male and diverse persons at the same time. For the sole purpose of better readability, gender-specific spelling and multiple designations are not used. All personal designations are therefore to be understood as gender neutral.
Contact Details of Data Protection Responsible at
FloraCert: Tesfazgi Solomun
E-Mail: info@floracert.com
Mob: 00491724032415
Adresse: Lousenstraße 58 61348 Bad Homburg Germany
