General terms and conditions

Version: 2019-12-20

1. Generally

Svensk Brand- och Säkerhetscertifiering AB (hereinafter “SBSC”) certifies companies, people, products and systems within the area of fire safety and crime prevention. These General Terms and Conditions shall apply to all of SBSC’s services.

2. Evaluation of conformity

Conformity with the relevant regulations is carried out. In those cases in which conformity cannot be verified, SBSC shall be entitled to terminate the application process without taking additional steps. In addition, SBSC may decide to terminate the application process where special cause exists.

3. Certification of conformity (certificate)

SBSC shall take a decision to certify conformity when SBSC establishes that the applicant has fulfilled the applicant’s undertakings and determined that the requirements of the relevant regulations have been fulfilled. The applicant shall be notified of certification of conformity. For a period of time not exceeding the stated term of validity, SBSC certifies conformity for such time as the certificate holder performs the certificate holder’s undertakings and the requirements for certification are fulfilled.

4. Term of validity

In conjunction SBSC’s decision regarding certification of conformity, a decision shall also be taken regarding the term of validity of the certificate. The established term of validity may be brought forward upon request by the customer.

5. Publication

Information regarding certification of conformity is published with the information set forth in the decision. SBSC may also publish information appearing in decisions regarding the withdrawal or revocation of certificates of conformity. In conjunction with such a decision, SBSC may also publish the background of the decision.

6. Certificate and certification mark

SBSC is the sole title holder of certifications of conformity. SBSC grants the customer a licence to use the certificate and certification mark. The licence shall apply during the period of time SBSC certifies conformity. A certificate may not be transferred. A certification mark is to be reproduced in accordance with the instructions provided by SBSC. The certificate holder may not use the certificate or certification mark in such a manner as to create confusion regarding the scope and meaning of the certificate. So as to avoid any misunderstanding, it is noted that the certification mark may not be used in such a manner that it constitutes misleading marketing, e.g. such that a third party may believe that SBSC is a partner in the certificate-certificate holder’s company, is involved in the company, or certifies conformity over and above that covered by the certificate. The connection to, and limitation of, the certificate must be clear. A certificate or certification mark may not be altered or distorted. In conjunction with the withdrawal of certification, information referring to certification and the scope of certification in all material used for marketing is to be withdrawn, and the certificate and certification mark may no longer be used/referred to for any purpose.

7. Reference

When a certain certification has been made public, we may provide information regarding the certification in our marketing materials and on our website (including reproducing the logo type). Such information shall contain only information which has already been made public.

8. Monitoring conformity

SBSC regularly evaluates conformity in order to determine whether the requirements for certification are fulfilled. SBSC shall determine the scope of such monitoring. In the event SBSC’s evaluation indicates insufficient conformity with the requirements or where information otherwise comes to light which may lead to the withdrawal of the certification of conformity (temporarily or permanently), SBSC shall be entitled to carry out a necessary control. The scope of such control shall be determined by SBSC.

9. Re-certification and upgrade

Except where otherwise agreed between the customer and SBSC, a renewed certification process (recertification) will be carried out in order to extend the term of validity of the certificate for an additional term. Re-certification is carried out during the 12 months immediately preceding the expiry of the term of validity. Upgrading a certificate takes place upon release of a new edition of the regulations which relate to the certification. Unless otherwise agreed between the customer and SBSC, a certificate upgrade shall take place during the 12 months immediately preceding the expiry of the term of validity or when the customer specifically applies for an upgrade.

10. Termination of a certificate

The certificate holder shall be entitled at any time to terminate the certificate. The period of notice of termination is one (1) week. From the 1th of february 2020 the period of notice of termination is one (1) month. Termination is made through the SBSC customer portal. In conjunction with termination, the customer shall pay for work and costs incurred by SBSC up to and including the day of conclusion of the matter in accordance with these General Terms and Conditions.

11. Revocation of certificate

In the event the certificate holder does not fulfil the terms and conditions of certification or otherwise does not fulfil the requirements of the regulations applicable to certification, SBSC shall be entitled to temporarily (up to six (6) months) or permanently revoke the certificate. In the event SBSC learns of circumstances indicating that an organisation, person or product to be certified or which has been certified should clearly not be certified from a general credibility perspective, SBSC may terminate the certification process or revoke an issued certificate. The aforementioned circumstances may also include situations in which the relevant regulations for certification are not involved.

12. Fees

The customer shall pay fees to SBSC in accordance with the applicable price list except where otherwise agreed. The application fee for certification, upgrading and recertification shall be invoiced in conjunction with the application. The application fee is non-refundable. The licence fee shall be invoiced annually in advance. All prices are excluding VAT. Payment shall be made thirty days following the invoice date unless otherwise agreed. Following the due date, penalty interest shall be payable and calculated in accordance with the applicable reference interest rate plus eight percentage points. A reminder fee shall be charged in the amount of SEK 60. An audit which is cancelled by the customer without valid reasons less than 2 weeks prior to the agreed audit date shall entitle SBSC to invoice the customer the entire amount of SBSC’s estimated audit costs.

13. Complaints

SBSC has routines for handling complaints. Complaints which pertain to decisions regarding certification matters are reported to the Certification Board. Complaints are to be submitted in writing to SBSC.

14. Reconsideration and appeal

The customer shall be entitled to request that SBSC reconsider a decision concerning a certification matter. A request for reconsideration shall be submitted in writing to SBSC. The request shall state which decision the customer wishes to have reconsidered, the reason for the request and the requested measure. A request for reconsideration must be received by SBSC not later than five (5) weeks after SBSC gave notice of the decision. Requests for reconsideration shall be decided by the Managing Director of SBSC. Matters which, notwithstanding reconsideration of a decision by SBSC, do not lead to a satisfactory result for the party requesting reconsideration may be appealed. The appeal must be submitted in writing to SBSC not later than two (2) weeks following notice of the decision regarding reconsideration. The appeal is referred to the Appellate Board. The customer shall bear the customer’s costs which may be incurred in conjunction with reconsideration and appeal.

15. Disputes

Any disputes arising between the customer and SBSC shall be determined by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Stockholm Chamber of Commerce. The place of arbitration shall be Stockholm. The arbitral proceedings shall be conducted in Swedish. Swedish law shall apply to the relationship between the customer and SBSC. Notwithstanding the above, SBSC shall at all times be entitled to collect due and payable claims by means of an application for an order to make payment or before courts of law which have jurisdiction over the customer or any of the customer’s assets.

16. Limitation of liability

SBSC shall be liable only for negligence in conjunction with the certification and only for losses claimed within two (2) weeks after the certificate holder discovered or should have discovered a defect or deficiency or, in any case, within two (2) years following the alleged tortious act. Notice of complaint must contain clear information regarding the nature and scope of the defect or deficiency, and SBSC shall be afforded the opportunity, within a reasonable time, to remedy the defect or deficiency prior to such time as the certificate holder demands compensation. The certificate holder’s right to damages or other compensation shall be forfeited in the event notice of complaint is not given within the aforementioned period of time. SBSC’s liability for all damage, losses, costs and expenses associated with the certification shall be limited to the greater of SBSC’s liability insurance cover or ten (10) times the price base amount in accordance with the Swedish National Insurance Act (Swedish Code of Statutes 1962:381) applicable at the time the certification agreement was entered into. SBSC assumes no liability for indirect losses.

17. Force majeure

SBSC shall be released from liability in damages or the performance of the engagement in the event performance is prevented or rendered unreasonably more onerous as a consequence of unforeseen circumstances beyond SBSC’s control.

18. Confidentiality Information

identified by the customer as confidential upon disclosure shall be deemed to constitute confidential information. SBSC undertakes not to disclose the customer’s confidential information to third parties. The confidentiality undertaking shall apply during the term of validity of the certificate and during the archiving period. The confidentiality undertaking shall not apply in respect of information which is or becomes publicly known or which was already in the possession of SBSC upon receipt from the customer, or which is provided to SBSC without any confidentiality undertaking from third parties or which SBSC has independently developed or subsequently develops, or which must be provided to a third party in order for SBSC to be able to complete the engagement as certification body. The confidentiality undertaking shall also not apply in the event SBSC must provide the information as a consequence of compulsory law or due to decisions by governmental authorities.

19. Archiving

During the period of time a certification matter is pending, SBSC may store documents and work results produced by SBSC, the customer or third parties in digital form in an SBSC-wide system in order to facilitate access to necessary information for the personnel working on behalf of the customer. When a matter is concluded, SBSC will store (or store with a third party), in paper or digital form, all relevant documents and relevant work results generated in the matter during such time as SBSC deems it to be appropriate for the particular type of matter. Following conclusion of archiving, SBSC shall destroy all information related to the matter irrespective of the storage media.

20. Amendment of the General Terms and Conditions and Certification Provisions

SBSC retains the right to amend the General Terms and Conditions and Certification Provisions for the respective type of certification. The amended terms and conditions or provisions shall be published by SBSC. In the event the certificate holder does not accept the amended conditions or does not comply with amended undertakings, the certificate may be revoked.

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