Terms and Conditions of Certification
When you complete an application for certification this is based on the terms & conditions listed below. We will use the information contained in your application to prepare a quotation and approval of that quotation in writing or by email will be deemed acceptance of the terms and conditions of certification below for your requested certification
- I/We confirm that Sci Qual International (SQI) may vary the Assessment methods and costs if incomplete information was provided at the Initial Assessment/Audit stage.
- I/We confirm that the Company/Organisation named in this Application has agreed to proceed with all Assessment/Audit Activities leading to Certification/Registration by SQI.
- I/We undertake to pay all other costs required under the Regulations governing the SQI Scheme for Registration connected with Assessment and administration, irrespective of the eventual granting of a Certificate of Registration.
- In the event of being granted a Certificate of Registration, I/We undertake to conform to the Regulations governing the SQI Scheme for Registration and in particular to pay all annual fees charged for Registration, Certificate maintenance and Assessment Cancellation fees if applicable. Sci Qual International Regulations
- I/We understand that SQI may cancel Certification if fees are not paid in full in a timely manner.
- I/We, accept that this agreement entered into is an agreement covering a surveillance audit program over a 3 year period, subject to the terms and conditions of the Regulations and that notice of NOT to renew a Certificate of Registration must be given to SQI not later than two (2) months before the expiration date of the Certificate. The Certification Process
- I/We accept that SQI may modify or vary the Audit methodology, Scope of Certification, Surveillance Schedule and costs depending upon the findings of SQI Assessors/Auditors of your Company or Organisation as requires by the conditions of our accreditation.
- I/We agree that all the information provided in our application is true and correct.
- I/We agree that SQI will be advised within 3 working days of any Product Recalls or issues related to product safety, food safety or legality to enable us to establish if this presents any issues relating to certification.
- I/We agree that SQI will be advised of the closure of any sites covered by our certification. Failure to do so will be considered a misuse of the certification and could result in cancellation of your certification.
- I/We agree that SQI will be advised without delay of any significant events including, but not limited to fatal incidents, serious injuries, occupational disease or legal action by a regulatory authority.
- I/We agree that SQI will be advised at the time of surveillance or re-certification, of any OHS related findings by third-parties.
- I/We agree that we will fulfil the certification requirements, including implementing appropriate changes when they are communicated by SQI. This includes:
- completing the certification agreement;
- paying all necessary fees;
- providing information about changes to certified product
- providing access to certified product for surveillance activities
- I/We agree to make all the necessary arrangements for
- the conduct of the evaluation and surveillance (if required), including provision for the examination of documentation and records, and access to the relevant equipment, location(s), area(s), personnel, and client’s subcontractors
- investigation of complaints
- the participation of observers, if applicable;
- I/We agree that all claims regarding the certification will be consistent with the scope of certification.
- I/We agree that we will not use our certification in such a manner as to bring SQI into disrepute and will not make any statement regarding our certification that SQI may consider misleading or unauthorized;
- I/We agree that if the certification applies to ongoing production, the certified product will continue to fulfil the product requirements.
- I/We agree that audits will be scheduled with adequate notice for both the client and the auditor/certification body.
- I/We agree that upon suspension, withdrawal, or termination of certification, we will discontinue the use of all advertising matter that contains any reference to certification and will take action as required by the certification scheme (e.g. the return of certification documents) and any other required measure;
- I/We agree that copies of the certification documents provided to others, shall be reproduced in their entirety or as specified in the certification scheme;
- I/We agree that in making reference to certification in communication media such as documents, brochures or advertising, we will comply with SQI requirements or as specified by the certification scheme;
- I/We agree that on request we will provide unimpeded access to the site and premises, to documentation and records and to product, for the purpose of conducting the audit.
- I/we confirm that we will provide all reasonable assistance required by the auditor in the conduct of the audit.
- I/We agree to comply with any requirements that may be prescribed in the certification scheme relating to the use of marks of conformity, and on information related to the product. We understand and accept that where we have used marks in a way deemed to be inappropriate by SQI that these will need to be removed promptly.
- I/We agree to keep a record of all complaints made known to us relating to compliance with certification requirements and to make these records available to SQI when requested, and:
- We will take appropriate action with respect to such complaints and any deficiencies found in products that affect compliance with the requirements for certification;
- We will document the actions taken;
- I/We agree to comply with SQI appeal process as outlined at Complaints & Appeals
- I/We agree to inform SQI, without delay, of changes that may affect our ability to conform with the certification requirements
ISO 45001 Specific Requirements
- Temporary sites covered by the organization's OH&S Management System are subject to audit on a sample basis to provide evidence of the operation and effectiveness of the management system. Temporary sites, for example, construction sites, shall be covered by the OH&SMS of the organization that has control of these sites, irrespective of where they are located.
- Independently from the involvement of the competent regulatory authority, a special audit may be necessary in the event that Sci Qual International becomes aware that there has been a serious incident related to occupational health and safety, for example, a serious accident, or a serious breach of regulation, in order to investigate if the management system has not been compromised and did function effectively.
- Information on incidents such as a serious accident, or a serious breach of regulation necessitating the involvement of the competent regulatory authority, provided by the certified client or directly gathered by the audit team during the above mentioned special audit, shall provide grounds for Sci Qual International to decide on the actions to be taken, including a suspension or withdrawal of the certification, in cases where it can be demonstrated that the system seriously failed to meet the OH&S certification requirements.
- Accredited certification of an organization's OH&SMS indicates conformity with the requirements of the applicable OH&SMS standard and includes a demonstrated and effective commitment to compliance with applicable legal requirements.
- The control of legal compliance by the organisation is an important component of the OH&SMS assessment and remains the responsibility of the organization. It should be stressed that SQI auditors are not inspectors of the OH&S regulator. They cannot provide "statements" or "declarations" of legal compliance. Nevertheless, they can "verify the evaluation of legal compliance" in order to assess conformity with the applicable OH&SMS standard. Accredited certification of an OH&SMS as fulfilling the requirements in an OH&SMS standard cannot be an absolute and continuous guarantee of legal compliance but neither can any certification or legal scheme guarantee ongoing legal compliance. However, an OH&SMS is a proven and effective tool to achieve and maintain legal compliance and provides top management with relevant and timely information on the organisation's compliance status.
- An OH&SMS standard requires a commitment to comply with legal requirements. The organisation shall be able to demonstrate it has achieved compliance with its applicable legal requirements through its own evaluation of compliance prior to SQI granting certification.
- Certification of an OH&SMS as fulfilling the requirements in an OH&SMS standard confirms that the OH&SMS has been shown to be effective in achieving its policy commitments including fulfilment of legal compliance obligations and provides the foundation and support for an organization's continued legal compliance. In order to maintain the confidence of interested parties and stakeholders in the above attributes of the accredited certification of an OH&SMS, Sci Qual International shall ensure that the system has demonstrated effectiveness before granting, maintaining or continuing certification.
- The OH&SMS can act as a tool for dialogue between the organisation and its OH&S regulators and form the basis for a trusting partnership, replacing historical adversarial "them and us" relationships. OH&S regulators and the public should have confidence in organizations with an accredited OH&SMS standard certificate and be able to perceive them as being able to constantly and consistently manage their legal compliance.
Freshcare Specific Requirements
- For Freshcare Certification, I/We warrant that SQI & Freshcare will be advised within 48 hours of any Product Recalls or issues related to product safety, food safety or legality to enable us to establish if this presents any issues relating to certification.
- I/we agree that an auditor may be accompanied on the audit for training or accreditation purposes, e.g. auditor training, auditor calibration, witness audits (Freshcare, Certification Body or Accreditation Body). Freshcare reserves the right to conduct its own audit of a certified site in response to complaints or as part of routine compliance activities. These audits may be announced or unannounced.
- I/we agree that a copy of the audit report, associated support documentation & certificate will be made available to Freshcare (in confidence); & that the audit result will be communicated to Freshcare & the Accreditation Body.
- I/we agree that Freshcare may contact the client directly for feedback on auditor and/or Certification Body performance.
- Clients may lodge a complaint in confidence with Freshcare, and this will be fully investigated with the auditor & SQI.
- I/We agree that if certified to the Freshcare standard our certification details will be displayed on the Freshcare website as follows:
- Customer/retailer name, supplier name, country, certificate type and number, certification expiry date, food sector category(s), product(s), company representative name and contact details, audit rating, the name of Certification Body, audit frequency, date of the last Audit, date of next audit.
- The information will also be available for display through the business search function on the Freshcare website at https://www.freshcare.com.au/auditing-and-certification/certified-business-search/
- Certification details will also be recorded on the JAS-ANZ Register of Certified Organisations at www.jas-anz.org
- SQI will advise Freshcare of any misuses of the Freshcare certification logo by certified suppliers or any other third party.
- I/We agree that if certified to the Freshcare standard, the following certificate details will be accessible by our customers via the Freshcare website as follows:
Unannounced audits may be scheduled at the discretion of Sci Qual International, if in our opinion, such audits are necessary to protect the interests and integrity of the Freshcare Program.
All unannounced audits shall meet the following criteria:
- Shall be conducted to the requirements of the Freshcare Rules (7- Audit Process); https://www.freshcare.com.au/about/freshcare-rules/
- Sci Qual International shall provide the business the expected audit window (Certificate expiry date minus 60 days) as part of this contract for audit service;
- Sci Qual International shall allow the business to submit request for approval for blackout dates for up to 14 days of non-operational activities per audit activity.
The report of the audit activity shall stipulate whether the audit was unannounced or announced and this shall be noted in FreshcareOnline.
Unannounced audits can also be requested by the participating business by advising Sci Qual International no later than 70 days ahead of the expiry date of their certificate.
The decision to have an announced or unannounced audit can be changed by the business prior to their re-certification audit, with agreement by Sci Qual International
All unannounced audits shall meet the following criteria:
- Shall be conducted to the requirements of the Freshcare Rules as published on Freshcare website Freshcare Rules
- Sci Qual International shall provide the business the expected audit window (Certificate expiry date minus 60 days) as part of the contract and/or audit plan for audit service;
- Sci Qual International shall allow the business to submit request for approval for blackout dates for up to 14 days of non-operational activities per audit activity
The only information that SQI will place in the public domain is the information on the certificate of compliance which includes the company name, standards that have been certified, scope of certification, site addresses and certification dates.
Terms & Conditions – Commercial
Payments by applicant
The Applicant shall pay to Sci Qual International (SQI) in addition to the JAS-ANZ/Administration Fee the following payments:
- Reimbursement of all SQI costs of carrying out the assessments including SQI's usual fee for such assessment;
- Reimbursement of all SQI's costs of investigating the procedures of the Applicant through surveillance to ensure that the conditions associated with a Certificate of Registration are being complied with including SQI's usual fee for such investigation;
- Reimbursement of all SQI costs in respect of the maintenance of each Certificate of Registration granted;
- SQI's usual fees for reimbursement of any costs reasonably incurred by SQI due to the Applicants failure to comply with the conditions attached to a Certificate of Registration.
- Payment of invoices is due within 14 days
- If payment, as contracted, is not made by the client, and Sci Qual has to engage debt collectors or other agencies to recover monies owing to it, then the fees and charges associated with this will be chargeable to the client.
Cancellation of Certification
Should the client not wish to continue with certification within the period covered by the certificate, a cancellation fee of $250 plus GST shall apply.
Cancellation may occur in the following circumstances:
- JAS-ANZ has a requirement that Certified Companies allow JAS-ANZ to witness audit our auditors, failure to permit this may result in Cancellation of Certification.
- Failure to maintain the program in a satisfactory manner as evaluated at audit, or failure to comply with these regulations.
- Failure to pay SQI invoices in a timely manner
- Failure to close out corrective actions by the required time.
- SQI will have the right to provide to any party request by the correct status of certification of a client's management system as being suspended, withdrawn or reduced.
- Where greater than 6 months’ time has elapsed since the previous audit where the “Category A Non-Conformance” was generated, a full assessment audit will be required for reinstatement of the certificate.
Cancellation of Scheduled Audit
Where an audit that has been confirmed is cancelled, cancellation fees will apply as below.
- Cancellation up to 10 days before audit date 100% of the fee
- Cancellation up to 20 days before audit date 50% of the fee
Provision of Confidential Information
When SQI are requested to provide confidential information regarding a client, it will only be provided following contact with the organization and only when legal proceedings require the information. Public Domain Information regarding the Certification Details is not included in this provision. Where reportable breaches of legislation are found during an assessment, the most senior executive of the Organisation available will be advised immediately, and the Organisation given the opportunity to respond prior to the incident being reported to the relevant authority. Sci Qual International Pty Ltd will provide the details of the certificated organisation on various websites as described in the certificate of registration and may provide copies of verified certificates to or certified Company information upon request and the right to provide the accrediting agency with any confidential information that they may require to assess Sci Qual International Pty Ltd in establishment and maintenance of their accreditation their certification programs, provided the Accreditation Agency has agreed to keep any information provided Confidential.
Sci Qual International Pty Ltd will treat all information provided to it on certified clients provided by sources other than the client (e.g. complainant, regulators) as confidential.
ACN 056 777 176 | ABN 87 056 777 176
This is a legally enforceable document under the law applicable in the State of Queensland. Each party submits to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.