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GENERAL TERMS AND CONDITIONS OF ABOMA CERTIFICERING BV


I. Contract

  1. All offers of Aboma Certificering BV are free of obligation.
  2. A contract is effected by signing of the contract.
  3. The client is authorised to terminate an appointment for company visit/site visit free of charge no later than seven working days before the planned execution of the work. In the event of later termination, the client must pay Aboma Certificering BV the amount for which Aboma Certificering BV would have performed the work.

II. Prices

  1. All amounts are exclusive of VAT.
  2. The work of Aboma Certificering BV is invoiced at the agreed rate.
  3. If a fixed price for the assignment is agreed in advance, that price can only be changed in the event of change of the assignment, subject to the provisions of article II, paragraph 4.
  4. Aboma Certificering BV is authorised to adjust its man-day rates, hourly rates or the agreed fixed price regularly. Rates are published via our rates list and the website. 

III. Data

  1. The data provided by the client to Aboma Certificering BV in the context of the assignment must be complete and correct.
  2. The written record of the investigations, audits and other work does not become the property of the client. Aboma Certificering BV keeps a copy thereof which shall not be provided to third parties without express written permission from the client or without a statutory obligation thereto.
  3. The copyright of the general standards, methods, plans and models developed by Aboma Certificering BV remains vested in Aboma Certificering BV. The client is not permitted outside of this assignment to make use of those documents or to reproduce or publish them in any way.

IV. Force majeure

If Aboma Certificering BV, as a result of circumstances beyond its control, is not in a position to perform its work in accordance with the contract, it can suspend, dissolve fully or partially or change the contract. Aboma Certificering BV cannot be held liable in any respect whatsoever if it cannot fulfil its obligations as a result of an event beyond its control which could not reasonably be foreseen. Please submit complaints, suggestions and compliments to service@aboma.nl.

V. Compensation

If work at the company of the client or at the project site must be performed outside the hours of 8.00 am to 6.00 pm on Monday to Friday, the following surcharges apply:

  • 25% Monday to Friday, 6.00 - 10.00 pm and 5.00 - 8.00 am
  • 50% Monday to Friday, 10.00 pm - 5.00 am
  • 50% Friday, 10.00 pm - Saturday 22.00 pm
  • 100% Saturday, 10.00 pm - Monday 5.00 am
  • At night (between 10.00 pm and 5.00 am) and in the weekend, travel time is calculated as being working time.

VI. Liability

If the client believes that there is a failure in the performance of the work of Aboma Certificering BV, it must inform Aboma Certificering BV of this immediately in writing, at the risk of forfeiting its claims.

Neither Aboma Certificering BV nor the parties which fulfil a function in its work are liable for damage for the client which results from the performance of this contract or which is connected to the termination of this contract. The client indemnifies Aboma Certificering BV as well as those parties which fulfil a function in its work against claims from third parties.

VII. Payment of invoice

Payment must be made within 14 days of the invoice date. In the absence of prompt and full payment, the client owes the statutory interest on the outstanding amount. If, after the expiry of the payment term, Aboma Certificering BV proceeds to collection, the client is obliged to pay the full judicial and extrajudicial collection costs. In the absence of prompt and full payment, Aboma Certificering BV reserves the right to retain the certificate which may have been issued.

A contract is made on the basis of the information provided by the client. If it emerges before or during the performance of the assignment by Aboma Certificering BV that the situation at the client is different to that which could reasonably be derived from the information provided, such that the number of man-days set to be spent no longer corresponds with this situation in accordance with the current guidelines, Aboma Certificering BV shall adjust the number of man-days to be spent.

VIII. Termination

In the case of non-compliance with the obligations under the contract by the client, bankruptcy, (provisional) moratorium of payments, stoppage, liquidation or full or partial transfer or pledging of assets of the client, Aboma Certificering BV is authorised to suspend the performance of the contract or fully or partially terminate the contract without prior notice.

IX. Complaints

Complaints about the working method of Aboma Certificering BV are registered and resolved by means of its internal complaints procedure. This procedure is made available on request.

X. Appeal

Appeal against a decision of Aboma Certificering BV is possible and is set out in an internal procedure. This procedure is made available on request.

XI. Disputes

The relationship between the client and Aboma Certificering BV is governed exclusively by Dutch law.

Disputes are registered and handled by means of our own procedure. This procedure is made available on request.

XII. Confidentiality

Unless required by law, regulatory bodies or administrators of certification schemes, Aboma Certificering BV shall observe strict confidentiality and not disclose to third parties any information which comes into its possession about the client without prior written permission from the client. Aboma Certificering BV only uses services of employees if they have signed a declaration which provides for the confidentiality.

XIII. Certificate

Following successful completion of the initial assessment (or a re-audit), Aboma Certificering BV shall issue a certificate to the client. Prior to the issue of the certificate, the invoice must have been paid. The certificate is valid for a period of three years. The validity of the certificate is subject to the regular surveillance audits performed by Aboma Certificering BV, which must be completed with a positive result.

XIV. Publicity

  1. The client is entitled to use the Aboma Certificering BV certificate and the Aboma Certificering BV system certification logo at its sites, buildings, own (rolling) stock, advertisements and other documents. The client may not use the Aboma Certificering BV system certification logo on its products. Other terms and conditions are given in procedure S09 (available via the website) or are dispatched with the request of the system certification logos. 
  2. The client is obliged, immediately on request of Aboma Certificering BV, to undo and/or rectify misleading or incorrect practices, announcements or publications with respect to the Aboma Certificering BV system certification logo, to the satisfaction of Aboma Certificering BV.

XV. Duration of the contract

The contract is valid from the date of signature and is extended automatically. Termination is possible with due observance of article XVI, paragraph 6, 6 months before the end of the current certification period.

XVI. Termination of certification contract

  1. The contract can only be terminated, subject to the general rights and obligations stated in the contract, on the agreed end date, with a notice period of six months.
  2. If one of the parties acts to a serious extent contrary to one or more of its obligations under this contract, the other party is entitled through this mere fact to terminate the contract with immediate effect.
  3. A party may terminate the contract in the event of bankruptcy of the entire company or a part thereof, of the other party.
  4. Aboma Certificering BV shall terminate the contract in the event of cessation of the relevant business activities of the client.
  5. Termination does not affect the obligations which arise for the client towards Aboma Certificering BV and the obligations entered into by Aboma Certificering BV towards third parties.
  6. Termination must be announced to the other party by letter stating the reasons, and stating the date of termination of the contract.
  7. The client can submit, within 40 days of receipt of the decision, a written appeal to the management of Aboma Certificering BV against a decision of Aboma Certificering BV to terminate the contract, after which the procedure specified in article X comes into effect.
  8. If the model contract changes, Aboma Certificering BV can terminate this contract while offering a new contract at the same time, identical to the text of the new model with, if necessary, a transitional arrangement. In deviation from the provisions of “Duration of the contract”, the duration of the new contract is equal up to the first extension to that of the old contract.
  9. In the event of termination of this contract, pursuant to the above (paragraph 1 to 8), the issued Aboma Certificering BV certificate shall be revoked with immediate effect and the client must cease using it. The client shall return the original certificates to Aboma Certificering BV. Following termination, the client is no longer entitled to use the Aboma Certificering BV system certification logo.

XVII. Changes to standards

  1. The certification scheme can be changed by the administrator of the standard. If new or changed standards come into effect, Aboma Certificering BV informs the client of this.
  2. The client shall, after a transitional period arrangement to be specified by Aboma Certificering BV, comply with the new or changed standards in order to preserve the validity of the certificate and to be permitted to continue to use the Aboma Certificering BV system certificate logo.

XVIII. Complaints in connection with a certified system

If Aboma Certificering BV receives written complaints from third parties which are connected to a system certified by Aboma Certificering BV, Aboma Certificering BV is obliged to investigate the cause of the complaint. The client is obliged to cooperate in full in so far as Aboma Certificering BV deems this necessary. The complaints are registered by Aboma Certificering BV and reported to its “own” Committee of Experts, and in the case of VCA, to the VCA Central Committee of Experts and in the case of the CKB (Central Complaints Registration Office), to the CKB Central Committee of Experts.

If, following investigation, Aboma Certificering BV comes to the conclusion that the complaint is valid, the client is obliged to take the necessary corrective measures. If the client does not solve the complaint, the certificate is suspended and finally revoked.

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