The Obligations of SXC and Certified operators

The following is an excerpt from the certification agreement that must be signed by the operator prior to a certificate being issued. A full copy of the certification agreement can be provided upon request.

SXC Obligations

• SXC shall allow the Certified Party to refer to SXC and the certification in advertising and promotional material for the Product,Process or Service, contingent upon the Certified Party complying with the SXC Logo Use Manual and the applicable certificationscheme rules.
• SXC will ensure, based on the information provided by the Certified Party and/or obtained during an initial or annual audit, to use any appropriate means to perform the certification service, in line with its procedures, and to do everything within its power, inparticular:
  1. keeping to reasonable deadlines for performing its services
  2. wherever possible and as long as the reliability of its service is not compromised, liaising with the Certified Party to implement the certification process
  3. requesting from the Certified Party all information and documents deemed necessary for the provision of the certification service
  4. maintaining the relevant qualifications and accreditations
  5. immediately notifying the Certified Party where the relevant qualificationsand accreditations have not been maintained
  6. notifying the Certified Party where evaluation activities are intended to be outsourced
  7. implement and maintain commercially reasonable technical, physical and organizational security measures to protect the Certified Party's data against unauthorized or unlawful processing, disclosure, use, accidental loss, destruction ordamage;
  8. maintain a professional indemnity insurance policy of not less than one million dollars cover for any individual claim
  9. liaise with, as required, any committees responsible for compliance with the Standards and/or any other relevant technical committees.

Certified Parties Obligations

• The Certified Party must, prior to the anniversary of the Commencement Date, renew the Certification to the Standard(s) inaccordance with the certification scheme rules.
• The Certified Party agrees that it will:
  1. comply fully with the Certification Scheme rules and Standard(s)
  2. adhere strictly to any requests and requirements issued by SXC between audits which apply to the Certification
  3. accept, in the event of infringement or irregularities, the enforcement of the measures of the Certification Scheme rules and Standard(s)
• The Certified Party must notify SXC of any changes to its postal address, email address, telephone number, or Responsible Party.
• The Certified Party may make claims regarding certification and use Licensed Material, only as allowed by the scope of Certification and in accordance with this document.
• The Certified Party acknowledges that incorrect or misleading references to the certification process, Licensed Material, Certificate,marks or any other method of indicating a Product, Process or Service is, or has been, certified by SXC, could result in action by SXC.
• The Certified Party must comply with any relevant requirement when using any Licensed Material in marketing or communication media such as documents, brochures or advertising.
• The Certified Party must make all necessary arrangements for the conduct of any audits required by SXC, including but not limited to:
  1. complete and uninterrupted access to conduct an inspection, including provision for examining documentation and records, and access to the relevant equipment, location(s), area(s), personnel and Certified Party's subcontractors.
  2. making available for review all systems of production, marketing, promotion, accounts and supporting documentation in relation to the Certification;
  3. Allowing the auditor to take copies of same, if required
• The Certified Party must at all times allow SXC’s auditors, certification officers, accreditation personnel or government bodies to assess any facilities or locations under the Certified Party’s management, and lend all reasonable assistance and resources to allowfor the investigation of any complaints which may have been made against the Certified Party
• The Certified Party acknowledges that the Certified Party does not have the right to choose or recommend the auditor for the conduct of any audits required by SXC.
• The Certified Party must give notification of any change, circumstance or occurrence which may affect the Certified Party’s ability to conform within the Certification.
• The Certified Party must notify SXC immediately in writing if there is any form of product contamination or product recall in relation to the certified Product, Process or Service, or if the Certified Party is made aware of any noncompliance or irregularity of thecertified Product, Process or Service from other operators or sub-contractors.
• If the Certified Party provides copies of documents relating to certification to others, the Certified Party must ensure those documents are reproduced in their entirety or as specified in the certification scheme rules.
• Where it is identified that a certified Product, Process or Service is found to be non-compliant with the Certification Scheme Rulesand standards, and SXC determines that the affected Product, Process or Service is no longer permitted to refer to SXC and thecertification, the Certified Party must remove all references to SXC and certification from the affected products and inform the buyersof the Product, Process or Service, in writing, that all references to SXC and the certification must be removed.