Proposal Wima Technology Center 9k RCT
Proposal Wima Technology Center 9k RCT
Proposal Wima Technology Center 9k RCT
Agenda:
As a trusted partner, Bureau Veritas offers innovative solutions that go beyond simple compliance with
regulations and standards, reducing risk, improving performance and promoting sustainable development
through core values of integrity and ethics, impartial counsel and validation, customer focus and safety at
work.
Bureau Veritas is recognized and accredited by major national and international organizations to respond to
the worldwide need of third party assessment of management systems and registration of these systems
against international and national standards (ISO 9000, ISO 14001, ISO 27001, ISO 22301 and ISO 45001
etc.) but also sector specific ones (IATF 16949, AS/EN 9100 Series, ISO22163, and many food sector’s
schemes).
Global Business
Geographical presence
An Extensive Geographical Footprint
3. GENERAL INFORMATION
CLIENT INFORMATION
Company Information
Company Address Jl. Wahab Affan RT 002/ RW 001 KM. 28, Medan Satria, Kota
Bekasi, Jawa Barat 17132 Indonesia
Client Registration N°
Client Approval
Last Name
First Name
Position
Contact Information
Last Name Dewa
e-mail Lintang.dewa@bureauveritas.com
e-mail Widiyowati.suryaningtiyas@bureauveritas.com
4. TECHNICAL INFORMATION
SERVICE DESCRIPTION AND INFORMATION
Impartiality: Client Confirmed none of Bureau Veritas entity has been solicited for consulting services
in a period of 2 years before the solicited service being delivered
Certification Scope:
RECERTIFICATION
Administration Cost
SURVEILLANCE
OPTIONAL ITEM
Travel Costs
VAT
Additional Information
• This quotation strictly covers the site and location detailed in Part 3. General Information and
4. Technical Information
• Any additional follow up visit will be charged at the applicable man-day rate
• Initial Audit shall be repeated when Initial audit was unsatisfactory or Main Audit was not
conducted less than 6 months after Initial audit
• Contract Amendment will be applicable if any changes that cause of additional man-days/ cost.
• All services offered under UKAS accreditation are performed under the management control of
Bureau Veritas Certification Holding SAS – UK Branch
• All services offered under KAN accreditation are performed under the management control of
Bureau Veritas Indonesia
• The Client must co-operate with Bureau Veritas Certification in all matters relating to the
Services; In particular in case of remote audit, the Client and Bureau Veritas Certification define
the suitable ICT means (Information and Communication Technology) to ensure an efficient
conduct of the audit and an appropriate level of confidentiality. Please note, where there is no
travel restriction imposed by the government, remote audit shall not be proceed and be
replaced by onsite audit.
• The overall scope of certification shall be remain auditable during 3 years certification cycle. If
some part of the scope are not available for audit, BV has rights to reduce certification scope
and revise current certificate
Payment Terms
• Payment Terms & Conditions will be 100% of audit price after each audit has been performed,
30 days after service receiving, against invoice receive date
Disclaimer
5. SIGNATURES
Both parties have read, understood and approved the content of present offer including:
• Payment Terms,
• Terms & Conditions
• This proposal for certification and wish to proceed with the Service
Last Name
First Name
Date of Signature
Signature
Signature
6.6 Notwithstanding the provision of clause 6, the Company reserves the 8.2.1 The Force Majeure shall be immediately notified in writing by the
right to refer to the Client, using its name and/or logo, whether internally Party prevented from carrying out its obligations because of such
and externally, orally or in writing, and on any communication support, Force Majeure to the other Party explaining the causes, and
for referencing purposes without the prior consent of the Client being demonstrating the diligence used to remove or mitigate the
required. effects of such Force Majeure;
6.7 On expiry or termination of the Agreement for any reason and at the 8.2.2 The obligations under the Agreement shall be suspended until
direction of the other Party, each Party shall return or destroy the other the cessation of the Force Majeure, which shall be notified in
Party's Confidential Information which is at that time in its possession or writing.
under its control, provided, however, that nothing herein shall prohibit 8.3 Neither Party shall be liable for any loss or damage resulting from any
the Company from maintaining copies of Reports and analysis in delay or failure in performance of its obligations hereunder resulting
accordance with its record retention policies and document retention directly or indirectly from an act of Force Majeure. If the disability
policies as may be required by law or accreditation bodies. continues for more than fifteen (15) days, then the non-disabled Party
6.8 Notwithstanding the provision of this clause 6, the Client agree that the will have the right to terminate this Agreement without incurring any
Company and its affiliates will have the right to use, on an anonymous liability whatsoever.
basis, the Client’s data for benchmarking and analysis purposes during 8.4 In the event that the Company finds itself temporarily unable to deliver
the term of the Agreement and after its termination. Any such use by the some or all of the Services due to or in connection with COVID-19 either
Company will be in compliance with the applicable regulations, in at all or within agreed timeframes or to an agreed programme, this shall
particular regulations relating to personal data and data management. not be considered a Force Majeure event entitling one party to terminate
7. LIMITATION OF LIABILITY the agreement. Instead the Parties agree that under such
circumstances delivery of that part of the Services that cannot be
7.1 With the sole exception of Article 7.5 but notwithstanding any other delivered shall be postponed until a date acceptable to both parties,
provision of the Agreement, neither Party shall be liable to the other each acting reasonably.
Party for:
9. DATA PROTECTION
(i) loss of business, or loss of use or loss of profit, loss of data, loss
of earnings, loss of production, loss of value, decrease in earnings 9.1 Both Parties undertake that they, their employees or any person acting
from any goods or property, loss of financial advantage, business on their behalf shall comply with all privacy applicable laws and
interruption or downtime; or regulations, in particular the EU General Data Protection Regulation
2016/679 of 27 April 2016, and shall complete an annexe detailing any
(ii) depletion of goodwill and/or similar losses; or personal information to be processed where necessary.
(iii) loss of contract; or 10. ASSIGNMENT AND SUBCONTRACTING
(iv) any special, indirect, consequential or pure economic loss,
costs, damages, charges or expenses. 10.1 The Company at its sole discretion may assign, cede, transfer its rights
and obligations or delegate the performance of all or a portion of the
7.2 Without prejudice to Article 7.1, the total liability of the Company and its Services under the Agreement, subject to compliance with the
affiliates, and their respective employees, agents, consultants, and requirements of any applicable accreditation scheme where relevant, to
subcontractors, in contract, tort (including, but not limited to, negligence, an affiliate, agent, or subcontractor of the Company without prior notice
gross negligence or breach of statutory duty), misrepresentation, to the Client, and the Client hereby consents to such delegation. The
restitution or otherwise arising in any manner in connection with or Client shall not without Company’s consent, cede, assign, transfer,
12.3 Client shall not take any action or make omissions that would cause
Company to violate Trade Laws or be subject to sanctions, fines and
penalties under Trade Laws. Client shall bear any fines or penalties or
additional costs resulting from such violation.
12.4 Client warrants that Company will not directly or indirectly provide
Services relating to items that are prohibited by Trade Laws. Should
items subject to Services are prohibited, Client shall provide Company
with a copy of any relevant license or other authorization.
14. MISCELLANEOUS
14.2 If any provision of the Agreement (or part of any provision) is found by
any court or other authority of competent jurisdiction to be invalid, illegal
or unenforceable, that provision or part-provision shall, to the extent
required, be deemed not to form part of the Agreement, and the validity
and enforceability of the other provisions of the Agreement shall not be
affected.
14.4 To the fullest extent permitted by law and except as expressly provided
for in the Agreement, a person who is not a party to the Agreement shall
not have any rights under or in connection with the Agreement.
14.5 The Company may terminate the Agreement at any time and for any
reason, without incurring any liability to the Client, by giving not less than
30 (thirty) days’ written notice to the Client. Without prejudice to any
other rights or remedies which the Company may have, the Company
may terminate the Agreement, without liability to the Client, immediately
on written notice to the Client if the Client acts in breach of laws, Trade
Laws, or is subject to international sanctions.
1. GENERAL 2.2.5 Where a Multi-Site Offer is made, this will be based on the
information supplied by the Client and includes the multi-site
1.1 To achieve and preserve certification, Bureau Veritas criteria of the accreditation rules according to the latest
Certification’s (here below referred as BVC) Clients are edition of the relevant Accreditation Body rules for each
required to develop and maintain their management systems certification schemes. Where any subsequent audit
in accordance with applicable specifications, allowing information supplied by the Client is found not to be accurate,
unconditional access to BVC to audit or otherwise verify BVC reserves the right to amend and correct its offer and/or
these management systems against the applicable the Agreement accordingly to ensure compliance with the
specifications, including but not limited to: aforementioned rules.
- Accreditation standards of the EN ISO/IEC 17021 series
2.2.6 BVC is accredited / authorized in accordance with several
- Applicable IAF Mandatory Documents schemes, e.g. DIN EN ISO 17021, rules of IATF, UNIFE,
- Technical Regulations of the Accreditation Bodies KBA and VDA. To the extent relevant, these schemes shall
also apply to the relationship between the Parties to the effect
- BVC Generic Terms and Conditions for Certification that the measures and codes of conduct Bureau Veritas
Services Certification is subject to in accordance with such regulation
- BVC Marks and Logos procedure must also apply to the Client.
2.3 THE INITIAL CERTIFICATION PROCESS
1.2 The certification awarded by BVC covers only, as the case The details of the Services to be provided must be agreed between
may be, those services or products manufactured and/or the Client and BVC prior to BVC commencing any such
supplied under the scope of the Client’s management Services.
systems certified by BVC. For certain certification schemes,
amplification of the contents of this document is required. 2.3.1 STAGE 1 AUDIT
This is provided separately for the scheme concerned.
(a) BVC will undertake a readiness review to determine the
Clients remain solely liable for any defect in their services
and products and shall defend, protect and indemnify BVC preparedness of Stage 2 of the audit (understanding the
requirements, collecting information of the scope of the
from any and all defects, claims or liability arising from said
management system, processes and location of the Client,
services and products.
reviewing the allocation of resources for Stage 2, planning for
1.3 The issued certification does not exempt Clients from their Stage 2, evaluating the internal audit system).
legal obligations in respect of the services or products or any
other requirement in the scope of their management 2.3.2 STAGE 2 AUDIT
systems. (a) BVC will provide an audit programme prior to the
1.4 BVC shall be authorized to make copies of Client Information, commencement of the audit.
as required by ISO/IEC 17021-1 or as may be required by (b) The BVC audit team will meet with the Client’s management
the Accreditation Body’s retention policy. to discuss the details of the audit process and consider
possible issues relating to the performance of the audit. The
2. SERVICES
BVC audit team will discuss any nonconformities,
2.1 DEFINITIONS observations and opportunities for improvement if and when
they are identified during the audit.
2.1.1 Capitalized terms not otherwise defined herein shall
have the meaning given to such terms by the (c) The BVC audit team will prepare and present to the Client’s
“Conformity Assessment” vocabulary as stated in the management a Report of the audit, which will include the
ISO/IEC 17000 standards complemented by IAF or EA audit findings, the non-conformities identified and the scope
mandatory documents if any. of certification.
2.2 REQUESTS FOR CERTIFICATION 2.3.3 CHANGES TO STAGE 1 AND STAGE 2 AUDITS
2.2.1 For the purpose of any accredited Services provided under (a) If as result of the Stage 1 Audit, BVC determines that the
this Agreement, the accredited entity (which holds the Stage 2 arrangements (i.e. changes in the scope, man-days,
accreditation for the services) will be : auditors, sites) shall be adjusted, the Agreement may be
amended.
(a) Bureau Veritas Certification Holdings SAS UK Branch, for
services under UKAS and ACCREDIA accreditation. (b) If, based upon the information gathered during Stage 1 of the
(b) Bureau Veritas Certification Holdings SAS for services under audit, BVC decides that the required information were not
ANAB and SAAS accreditation or UNIFE recognition. provided and/or complete, this may result in a major non-
conformity at Stage 2 with respect to the effective
(c) the local Bureau Veritas legal entity for services under their implementation of the management system.
accreditation.
(c) When the Stage 1 & 2 Audits are planned back to back, BVC
The accredited entity will be named towards the Client. The has the right to postpone the Stage 2 Audit at the expenses
accredited entity is entitled to legally enforce the certification of the Client if the results of the Stage 1 Audit are not
relevant activities towards the Client. satisfactory to proceed with the Stage 2 Audit.
2.2.2 The Client shall supply, through an Application Form, 2.3.4 NONCONFORMITY
detailed information about the size and scope of its
operations that will be subject to the Services. (a) When major non conformity occur BVC undertakes a “special
follow up visit”, which is charged at BVC’s current rates.
2.2.3 Upon receipt of such information from the Client, BVC shall
issue a Proposal. (b) All fees to review Client’s proposed actions to close any non-
conformities (major and minor) are charged on reimbursable
2.2.4 For quality, environmental, and occupational health & safety basis for professional time and expenses.
management systems, BVC will determine the audit duration
based on the information submitted by the client and the 2.3.5 ISSUANCE OF CERTIFICATE OF APPROVAL AND
applicable IAF Mandatory Documents. The justification of the REPORTS
calculation can be made available to the Client
Technical T&Cs 17021 Accredited Services 17 / 20 Revision December 2023 – version 2.3
Technical Terms and Conditions for Certification Services
(a) BVC will issue the final Report if and when all corrective final consumer or in any other way that may be interpreted
actions agreed between the Client and the BVC audit team as denoting product conformity.
have been completed.
2.7 ACCREDITATION BODY ACCESS
(b) BVC will not take a positive certification decision until the
necessary requirements are fully met. 2.7.1 The Client shall allow the BVC’s Accreditation Body or their
representatives’ access to any part of the audit or
(c) BVC will issue a Certificate of Approval to the Client once a surveillance process for the purposes of witnessing the BVC
positive certification decision have been made. audit team during its performance of the audit of the
management system to determine conformity with the
(d) The Certificate of Approval will detail the specification(s) to requirements of the applicable standards. The Client shall
which the Client has been found compliant at the time of not have the right to refuse such a request either by the
audit, the scope of the management system, the Accreditation Body, its representatives or BVC. Refusal to
geographical location and the validity period of certification. accept a witness assessment by the Accreditation Body must
be justified and accepted by Bureau Veritas and the
2.4 CERTIFICATION MAINTENANCE Accreditation Body and could result in withdrawal of
accredited certification where reasons are not accepted. The
2.4.1 SURVEILLANCE Client authorises BVC to disclose relevant data to the
(a) BVC operates a surveillance audit programme to record Accreditation Body.
whether the Client’s certification is found to be maintained. 2.8 SUSPENSION, WITHDRAWAL CANCELLATION OR
The programme is ongoing and is agreed with the Client in RESTORATION OF THE CERTIFICATE OF APPROVAL
the Agreement.
2.8.1 BVC reserves the right to suspend, withdraw, reduce, extend
(b) Once BVC has agreed the dates, the Client should make all or cancel the Certificate of Approval at any time and shall
necessary arrangement to maintain the agreed dates. give the Client a three (3) months’ written notice or shorter
Surveillance audits shall be conducted once a calendar year notice as the situation may require depending upon the
and the date of the first surveillance audit following initial information available to BVC. If such aforementioned actions
certification shall not be more than twelve (12) months from are deemed necessary by BVC, the Client will be fully briefed
the certification decision date. and will be given every possible opportunity to take corrective
2.4.2 RE-CERTIFICATION action before a final decision is taken on what action BVC
should take after the expiration of such notification period.
Every three (3) years BVC will automatically review the Client’s
certification and, subject to the satisfactory results from the 2.8.2 Unannounced visits may also be conducted as a follow up on
surveillance audits and/or the re-certification audit (including clients which certification has been suspended.
all corrective actions which have been agreed between the 2.8.3 Suspension is lifted and certification is restored upon
Client and the BVC audit team and completed), BVC will re- satisfactory clearance of non-conformities and verification by
issue the Client’s certification and the Certificate of Approval. BVC of the compliance of Client’s management system.
It should be noted that this needs to be completed before
expiry of the current Certificate of Approval to preserve the 2.8.4 BVC reserves the right to publish the fact that such action
continuity of the certification. Once completed, certification has been taken.
will be reconfirmed.
3. CERTIFICATE OF APPROVAL AND REPORTS
2.5 CERTIFICATION CHANGES
3.1 The Client must not reproduce the Certificate of Approval or
The Client is required to inform BVC promptly of any significant the Reports or make copies thereof without the prior written
changes to its product(s) or services that may impact the consent of BVC. Neither the Client nor any third party is
certified management system(s) or any other circumstances, entitled to rely on any reproduction or copy of a Certificate of
which may affect the validity of its certification. Change of Approval or the Reports for which the prior written consent of
site, additional sites (even temporary sites), change of BVC has not been obtained.
process, change of ownership, change of scope, change of
number of employees, change of management etc are 3.2 The Certificate of Approval or the Reports are issued by BVC
considered as changes which may affect the validity of the and are intended for the exclusive use of the Client and shall
certification. BVC will then take the appropriate action, such not be published, used for advertising purposes, distributed,
as conducting a special audit, an unannounced visit and/or copied or replicated for distribution to any other person or
changing the certification at the then current rates. entity or otherwise publicly disclosed without the prior written
Unannounced visits can be conducted as well to investigate consent of BVC. Notwithstanding the foregoing, the Client is
complaints received about the Client. permitted to use the Certificate of Approval as proof of
certification of the management system towards third parties.
2.6 CERTIFICATION AND ACCREDITATION MARK
3.3 The Certificate of Approval or the Reports are given only in
2.6.1 The Client shall use the certification mark in accordance with relation to the written instructions, documents, information
the instructions for use that BVC provides including the and samples provided to BVC by the Client prior to the
requirements related to intellectual property. Use of the mark performance of the Services. BVC cannot be held liable for
of the Accreditation Body is prohibited. any error, omission or inaccuracy in the Certificate of
Approval or the Reports to the extent that the Client has given
2.6.2 The use of the certification mark is regulated by BVC through BVC erroneous or incomplete information.
a policy document available on the BVC Website, explaining
how to display and use the certification mark and associated 3.4 The Certificate of Approval or the Reports will reflect the
logos, which is available upon request and communicated to findings of BVC at the time of performance of the Services
customers at the time of issuance of their certification only and in respect of the Client Information made available
documents. BVC will audit the use of the certification mark to BVC prior to or during the performance of the Services.
and/or associated logo by the Client at subsequent BVC shall have no obligation to update the Certificate of
surveillance visits. Approval or the Reports after issuance, except as otherwise
stated in the Agreement or agreed in writing between the
2.6.3 There shall be no ambiguity, in the mark or accompanying Parties.
text, as to what has been certified. Certification mark shall
not be used on a product or product packaging seen by the 3.5 The Client (not BVC or its Affiliates or their respective
representatives) is solely and exclusively responsible for
Technical T&Cs 17021 Accredited Services 18 / 20 Revision December 2023 – version 2.3
Technical Terms and Conditions for Certification Services
Technical T&Cs 17021 Accredited Services 19 / 20 Revision December 2023 – version 2.3
Commercial Terms and Conditions for Certification Services
1. DEFINITIONS AND INTERPRETATION automatically after the first three years cycle; as a
1.1 Fees means the fees payable by the Client to Bureau minimum, these charges will be adjusted to take into
Veritas Certification for the Services, as set out in the account the inflation rate, any significant variation of the
applicable Order Form, Proposal or agreed written exchange rates, labour costs or costs implied by
instructions, excluding accommodation, meals, changes in the applicable certification schemes.
subsistence, travel and any other incidental costs and 4.2 Notwithstanding clause 4.1, Bureau Veritas Certification
expenses of Bureau Veritas Certification incurred in will be entitled to claim an increase or modification in the
respect of the performance of the Services, which will be Fees if conditions or circumstances arise that were not
charged separately as pre-agreed at a fixed rate or at reasonably foreseeable at the time the Agreement was
the actual cost thereof; entered into or which were beyond the reasonably
control of Bureau Veritas Certification or if the Client
2. FEES AND PAYMENT request any postponement or rescheduling of the
2.1 In consideration for the provision of the Services by Services, or any part thereof. If the Client refuses to
Bureau Veritas Certification, the Client will pay the Fees accept any such increase or modification in the Fees
in accordance with this clause 2, unless otherwise then Bureau Veritas Certification reserves the right not
agreed in writing between the Parties. The Fees are to commence or continue with the provision of the
exclusive of all applicable taxes, unless stated Services, or any part hereof.
otherwise.
5. CANCELLATION, POSTPONEMENT OR
2.2 Bureau Veritas Certification shall invoice Clients on RESCHEDULING OF THE SERVICES
delivery of the Services. Under no circumstances will the
Certificate of Approval be released until full payment has 5.1 Should the Client wish to cancel, postpone or
been received by Bureau Veritas Certification. reschedule commencement or further provision of the
Services, or any part thereof, the Client must provide
2.3 The Client will pay each valid invoice submitted to it by Bureau Veritas Certification with prior written notification
Bureau Veritas Certification, in full and in cleared funds of not less than thirty (30) days in the event of
and without deduction or set-off, within thirty (30) days postponements or rescheduling and not less than three
of the date of the invoice. (3) months in the event of cancellations.
2.4 Without prejudice to any other right or remedy that 5.2 Any cancellation, postponement or rescheduling of the
Bureau Veritas Certification may have, if the Client fails Services will in all instances entitle Bureau Veritas
to pay Bureau Veritas Certification the initial deposit or Certification to claim full payment of the Fees for the
advance payment, if any, or any subsequent invoice on Services that have been rendered and any and all costs
or before the due date, Bureau Veritas Certification may, incurred by Bureau Veritas Certification as at the date of
in its sole and absolute discretion: cancellation, postponement or rescheduling on
• charge interest on such sum from the due date for presentation by Bureau Veritas Certification of an
payment at the monthly rate of 2.5%, accruing on a invoice in respect thereof.
daily basis and being compounded monthly until 5.3 In addition, a cancellation charge, as provided in the
payment is made in full (both dates inclusive), Agreement between the Parties, will be levied by Bureau
whether before or after any judgment; and/or; Veritas Certification in the event of any cancellation,
• suspend all Services until payment has been made postponement or rescheduling of the Services. In the
in full. event that the initial deposit or advance payment, if any,
2.5 All fees are exclusive of accommodation, meals, exceeds the cancellation charge, such excess amount
subsistence, travel and any other incidental costs and will be refunded to the Client (unless any other amount
expenses and will be charged by Bureau Veritas is due and owing by the Client to Bureau Veritas
Certification as pre-agreed at a fixed rate or at the actual Certification). The Client agrees that any such
cost thereof. cancellation charge is a reasonable measure of the
costs incurred by Bureau Veritas Certification in
2.6 Unless otherwise agreed between the Parties in writing, preparation of provision of the Services.
all sums payable to Bureau Veritas Certification will
become immediately due and payable on termination of 5.4 Under no circumstances will Bureau Veritas Certification
the Agreement for any reason whatsoever, despite any be liable for any claims, costs, damages or losses of any
other provision of the Agreement. This clause is without nature whatsoever and howsoever arising as a result of
prejudice to any right of Bureau Veritas Certification to the Client’s cancellation, postponement or rescheduling
claim interest, collection costs, legal costs or any other of the Services, or any part thereof.
right in terms of law or the Agreement.
3. INITIAL DEPOSIT
3.1 Bureau Veritas Certification may, in its sole and absolute
discretion, require the Client to provide an initial deposit
or advance payment of an amount or percentage of the
Fees as determined by Bureau Veritas Certification, as
security for payment of the Fees, on or before the date
specified by Bureau Veritas Certification or, if no date is
specified, prior to commencement of the Services.
Bureau Veritas Certification will not commence provision
of the Services unless and until any such upfront
payment has been received in full by Bureau Veritas
Certification.
3.2 The payment of an initial deposit or advance payment in
no way relieves the Client of timeous payment of any
invoices.
4. YEARLY REVISION
4.1 Bureau Veritas Certification reserves the right to review
and amend its charges annually and, in any case,
Commercial Terms and Conditions for Certification Services_Rev 2 20 / 20 July 22, 2020