Contract Terms and Conditions

Download our:

  1. General
    • These conditions of contract will apply to services supplied by AfriCert (Pty) Ltd. &/or contracted representatives of AfriCert (Pty) Ltd. (hereafter referred to as AfriCert) to the purchaser (hereafter referred to as the client). Conditions of business of the client that are different from those contained herein are not binding upon AfriCert. Acceptance of an order by AfriCert which contains or references conditions of contract which are in conflict with those contained herein will not be binding upon AfriCert. AfriCert does not warrant the management system or any process, product or service resulting from that system either in part or in whole in any way whatsoever. AfriCert will provide its services in accordance with their defined procedures and in accordance with prevailing recognised methods and practices. AfriCert will in no circumstances whatsoever arising from or out of the service provided to the client be responsible for any loss of profit or any indirect or consequential damages sustained by the client. The limit of any liability will be the fees paid to AfriCert by the client for the services provided. No verbal agreement alteration or variations of these terms and conditions will apply unless expressly agreed upon by AfriCert in writing. The contract will be governed by the laws of the Republic of South Africa and the place of jurisdiction will be Johannesburg.
  2. Client’s obligations
    • The client is to document, implement and maintain a management system that conforms to the certification standard(s) and relevant normative document requirements for which the certificate(s) are issued. When the certification standards are changed, the client is to change the management system to the extent required to conform to the revised certification standards within the time defined by AfriCert procedures or the accreditation body whichever is the shortest. The accreditation body may wish to witness an AfriCert audit; the client is required to allow such a witness (but may object to the accreditation body auditor if a conflict of interest exists). The client is to provide AfriCert auditors with guides during audit activities. If the client’s operation changes such that the validity of the issued certificates is adversely affected, AfriCert should be informed in writing in order that arrangements can be made to maintain validity of the certificates. The client is required to make available records of complaints received from their customers and interested parties to AfriCert upon request. Reports generated during the audit remain the property of AfriCert.
  3. AfriCert’s obligations
    • AfriCert will perform audits in accordance with their procedures and the requirements of the accreditation body to determine conformance of the management system to the certification standards for the entire certification cycle. AfriCert will report nonconformances of the management system in accordance with their procedures. The client is to correct the nonconformances within the time defined by these terms and conditions and AfriCert procedures. Failure to implement corrective action within the defined time will result in the certificates being suspended. Certificate suspension will occur when surveillance audits are not performed within one month of the scheduled date, when major nonconformances are not corrected (or downgraded to minor grade) within 3 months, or when minor nonconformances are not corrected within 12 months. Following suspension, AfriCert will initiate arbitration to determine conformance of the system to the certification standards. If found not to conform during arbitration, then the certificates will be withdrawn. All information gathered by AfriCert will be confidential and not disclosed, except as required by the accreditation body who undertakes a similar confidentiality agreement.
  4. AfriCert procedures
    • AfriCert certification procedures will be made available to clients on the basis that they remain the property of AfriCert and will not be used for the purposes of establishing audit or certification services and will not be disclosed to any third party by any means either in part or in whole for any purpose whatsoever. A charge for the procedures may be payable before supply. The relevant complaints procedure and impartiality statements can be found on AfriCert official website.
  5. Use of certificate(s) and Assurance Mark(s)
    • Certificates issued to clients remain the property of AfriCert. Use of the issued AfriCert certificate and the AfriCert assurance mark with application accreditation markings will be strictly in accordance with the terms and conditions issued to the client when the certificate(s) are initially issued. Infringement of those terms and conditions will result in withdrawal of the certificate. Use of all markings on marketing material or packaging to be approved by AfriCert and accreditation body prior to use. When issued certificate/s are withdrawn, use of the certificate, the AfriCert assurance mark by the client will cease with immediate effect. AfriCert will publicise withdrawal of certificates to the extent necessary to protect AfriCert, interested parties and the client’s customer(s). The publicity costs will be paid by the client.
  6. Payments and Contract Cancellations
    • Payment for services will be due upon submission of an invoice. The established man-day rate applies for the duration of the certificate and programme management fees at set audit/s. All agreed charges exclude value added tax and other locally imposed taxes, expenses such as travel, accommodation, insurance, increases and courier charges (where applicable), etc. which are additionally charged at cost. AfriCert may change annual programme management fees at any time during the applicable year. Payment will be required for cancellation, postponement or if no acknowledgement was given for the communicated audit dates. The client has a minimum of at least 2 weeks before the proposed scheduled audit to cancel, postpone or inform AfriCert of their agreement/disagreement to the date set out in the date confirmation. Delays in payment may result in additional interest charges levied by AfriCert. Failure to pay invoices will result in withdrawal of the certificate. On cancellation of contract with AfriCert at the client’s request, the client will be charged for the remainder of the contract as well for any remaining program management fees as indicated on the contract.