Chief Operating Officer Giampiero Belcredi

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1 CONTENTS 1. PURPOSE AND SCOPE 2. GENERAL PRINCIPLES AND GUARANTEES FOR THE CLIENT 3. ACCESS REQUIREMENTS FOR CERTIFICATION 4. ASSESSMENT PROCESS REQUIREMENTS 5. SUSPENSION AND REVOCATION OF THE CERTIFICATION 6. INCORRECT USE OF CERTIFICATION, CERTIFICATES AND EC MARKINGS 7. MANUFACTURER S (OR HIS REPRESENTATIVE S) OBLIGATIONS 8. COMPLAINTS, APPEALS AND DISPUTES 9. TERMINATING THE CONTRACT Rev. Revision summary Date 5 Introduction of ref. to body principles, new general supply terms and conditions, access requirements, classification and management of issues, complaints management 4 Updating for company name variation, addition of assessment according to Annex X Verified: Quality & Industrialisation Director Maria Anzilotta Approved: Chief Operating Officer Giampiero Belcredi rev. 5 of 2014/11/26 Page 1 of 10

2 1. PURPOSE AND SCOPE These regulations set out the rights and duties, as well as the operating methods that regulate the relationship between KIWA CERMET Italy S.p.A. (hereinafter abbreviated to KIWA CERMET) and the Client Organisations, for the provision of certification services in accordance with Directive 2006/42/EC issued by the European Parliament and the Council on 17 May 2006 regarding machinery, implemented in Italy by Legis. Decree no. 17 dated 27 January The requirements stated in these regulations are an integral part of the contract stipulated with KIWA CERMET (quotation and General Terms and Conditions). These requirements refer solely to the aspects specifically connected with the scope of the certification requested. These regulations set out the rules for putting into effect the procedures to be used for assessing the conformity of machine categories covered by Annex IV of Directive 2006/42/EC, relating to the EC type-examination certification referred to in Annex IX and the full quality assurance referred to in Annex X of the Directive. The machine categories referred to in Annex IV of Directive 2006/42/EC for which KIWA CERMET ITALIA is authorised are stated in article 1 of the Decree authorising EC certification issued by the Competent Authority. The contract expressly excludes any form of consultancy to the client that could jeopardise the independent nature of the assessments carried out. These regulations are also available on the KIWA CERMET website ( 2. GENERAL PRINCIPLES AND GUARANTEES FOR THE CLIENT In its certification processes, as well as the General Terms and Conditions, KIWA CERMET applies the following principles: a) Non discrimination: certification services are accessible to any Organisation requesting them, in accordance wit h these regulations, without any discrimination of a commercial or financial nature or regarding membership of particular associations b) Impartiality and independence: ensured through the following measures: - Certification procedures are assigned to staff with no vested interests in the Organisation being certified, bound to observe the rules of conduct and independence set by KIWA CERMET; regarding this aspect KIWA CERMET undertakes to investigate any justified concerns of the client concerning the existence of incompatibility of the duty assigned which could compromise the impartiality or independence of judgement. Impartiality is furthermore guaranteed by the involvement of dedicated bodies that govern the way in which the services of KIWA CERMET are administered; - Separation between the staff carrying out Audits and the staff responsible for making the certification decision; - A total absence of any kind of assistance in defining or applying the requirements for obtaining certification. c) Prompt management of complaints, appeals and disputes, as defined in 8 of these regulations; d) Confidentiality: As well as the regulations set out in the General Terms and Conditions, KIWA CERMET requires all its staff, including its Auditors, to sign a confidentiality agreement as well as a document in which staff commit to treat any information that comes into their possession in accordance with the rules of the laws on Privacy; e) Accreditation and Notifications: KIWA CERMET undertakes to inform the client of any rejection, suspension or revocation of the accreditation and/or ministerial notification; in such cases KIWA CERMET will be in no way responsible for any damages caused to the client by rejection, suspension or revocation of the accreditation or notification; in the aforementioned cases, the client has the right to opt out of the contractual relationship with KIWA CERMET, without the need for prior notification and without any additional costs. 3. ACCESS REQUIREMENTS FOR CERTIFICATION 3.1 General requirements Before embarking upon the Certification process with KIWA CERMET, the Organisation must satisfy the following requirements: - Accept the conditions set out in these regulations; - Ensure collaboration with the KIWA CERMET Audit Team during all Audit proceedings; - Authorise access to offices, factories, areas and information needed to perform the Audit; rev. 5 of 2014/11/26 Page 2 of 10

3 - Designate their own Representative as the main contact person for the Audit Team and make any consultants present during the Audit play the role of observer; - Be responsible for applying the requirements prescribed by the laws in force on matters of safety in the workplace. In the absence of statutory regulations, the Organisation undertakes to provide KIWA CERMET with a complete and detailed report of the specific risks that exist in the workplace where KIWA CERMET staff will be working. The Organisation therefore undertakes to implement, as well as promote, through the designated officer, the risk protection and prevention measures in the workplace that could affect any Auditors sent by KIWA CERMET and that require the protection of employees as well as all other persons working or who in any case are present in the same working environment. - Accept, without additional costs, the possible presence of: Assessors from the accreditation/control body, which will be notified by KIWA CERMET with a clear illustration of roles. Their presence serves the purpose of making sure that the evaluation methods used by KIWA CERMET conform with the requirements for accreditation; KIWA CERMET assessors in training; KIWA CERMET assessors as observers, whose job is to monitor on site the correctness of the evaluations and the service provided to clients. 3.2 Classification of issues Each issue found during the course of the Audits is classified in the following way: Major non-conformity: a deviation or total absence of conformity to the requirements, found on the basis of objective evidence, as a result of the assessment activities. Minor non-conformity: a deviation or partial absence of conformity to the requirements, found on the basis of objective evidence, as a result of the assessment activities. Several minor conformities pertaining to the same requirement, depending on the content and the general outcome of the Audit, can lead to a major NC being issued. Minor non-conformities not resolved and/or not taken in hand by the Organisation can lead to the issuing of a major NC. Opportunities for improvement: anything not coming within the definitions of non-conformities and which constitutes a potential improvement in the effectiveness of the solutions adopted by the client, to ensure conformity with requirements and to prevent deviations. 4. ASSESSMENT PROCESS REQUIREMENTS 4.1 Foreword The activities of KIWA CERMET are carried out in compliance with all the requirements that must be possessed by Notified Bodies, in accordance with what is prescribed at national level by the Competent Authority. The manufacturer (or his representative) of a machine, intending to use the services of KIWA CERMET to obtain EC markings for his machinery, must ensure that a risk assessment is carried out to establish the health and safety requirements for the machine. In addition, the machine must have been designed and manufactured taking into account the results of the risk assessment. The essential health and safety requirements listed in Annex 1 of Directive 2006/42/EC are mandatory. However, taking into account the state of the art, it may not be possible to reach the objectives set by these requirements. In that event, the machinery must, as far as possible, be designed and constructed with the purpose of approaching these objectives. If the machine is covered by Annex IV, the manufacturer (or his representative) chooses, according to the provisions of Article 12 of the Directive, the conformity assessment procedures necessary to apply the EC marking on the machine in relation to one of the following Annexes of the Directive: EC type-examination specified in Annex IX; Full quality assurance specified in Annex X of the Directive. The documents issued by KIWA CERMET for the purposes of EC marking and its maintenance according to the aforementioned assessment procedures, are as follows: EC type-examination certificate according to Annex IX of the Directive; EC certification of the Quality Assurance System according to Annex X of the Directive. rev. 5 of 2014/11/26 Page 3 of 10

4 4.2 Starting the Certification process The manufacturer (or his representative) submits a request for certification to KIWA CERMET specifying the type(s) of machinery for which he intends to obtain CE certification, the option chosen for assessing the machinery and forwards the following documents: Chamber of Commerce Registration Certificate (simple, not requiring any duty stamp) or an equivalent document for foreign use; Technical file: a company reference document must be produced in which all the manufacturing information for the product is collected and put in order, following the product life cycle through the manufacturing process, its commissioning and decommissioning, which, among other things, includes: - Risk Assessment: a company reference document must be produced that allows the risks associated with the product to be examined, in relation to its final intended use, for each point specified in Annex I of the Directive; - Research and test reports: this is a collection of all the documentation necessary to prove that the machine conforms to the requirements of the Directive and to the applicable technical standards, and to establish whether the machine, consequent to its design or manufacture, can be installed and put into service under conditions of safety. Documentation on the quality system (Quality Manual and main Procedures) Examination of the technical file by comparison If the manufacturer (or his representative) requests KIWA CERMET to certify in reference to Annex IX of the Directive, a type already certified by KIWA CERMET at the request of another manufacturer (or his representative), in order to issue the EC type-examination certificate, KIWA CERMET will carry out an examination of the applicant s technical file for comparison against the technical file already assessed covering the type already certified by KIWA CERMET, in order to ascertain whether the document s technical content is the same or equivalent. 4.3 Verification of Type or Quality System Conformity Assessment of type conformity (or final verification) in accordance with Annex IX of the Directive The assessment activities carried out by KIWA CERMET, in relation to the aforementioned Annex, are: - Initial machine verification; - Examination of the technical file; - Final machine Audit Initial machine Audit Depending on the type and number of machines to certify, for the cases requested and agreed with the manufacturer (or his representative), KIWA CERMET conducts an Audit on site, in which the machine is examined and a report is issued with a list of the observations that the manufacturer (or his representative) must take care of for the subsequent assessment phase Examination of the technical file The technical file is examined by staff with the necessary technical competence for the scheme and the machinery category to be certified. Once the technical file has been examined, the manufacturer (or his representative) is issued with the report summarising the results. According to the results of the documentation examined, the client has to make the necessary modifications or additions. KIWA CERMET may require the modified documents to be submitted for a fresh analysis, before proceeding with the next phases Final machine Audit The type conformity assessment (or final Audit) is conducted in the places where it is possible to verify that the type has been manufactured in conformity with the technical file examined. To this end, if necessary, checks, measurements and tests are performed. The final Audit is planned in such a way as to take into consideration all the requirements of the Reference Directive. 1 Documentation to be sent to KIWA CERMET only in the case of assessment of conformity to Annex X of the Directive. rev. 5 of 2014/11/26 Page 4 of 10

5 In the initial Audit phase, the resolution of any issues notified subsequent to examination of the technical file is assessed. At the end of the Audit, the Audit Team issues a copy of the Audit report to the client, who signs it. The Audit report contains a list of any issues found that the client must resolve. The report is submitted for internal examination and approval by KIWA CERMET, in order for the certification decision to be made. The client must send KIWA CERMET the corrected technical file. The file cannot be examined in order to make a decision until the corrected documentation has been received and all the issues have been resolved. The KIWA CERMET certificate is valid for 5 years from the date of issue Assessment of the Quality System according to Annex X of the Directive The assessment activities carried out by KIWA CERMET in relation to the aforementioned Annex, are: - Preliminary Audit (optional); - Stage 1 Audit; - Certification or Stage 2 Audit Preliminary Audit At the request of the manufacturer (or his representative), once the service has been activated, a preliminary (optional) Audit can be carried out, with the aim of evaluating the level of adequacy of the Quality System in relation to 2006/42/EC, for the type(s) of machine(s) to be certified. The results of this Audit are only expressed in terms of Non-conformities, they do not require the manufacturer (or his representative) to notify KIWA CERMET of the corrective actions he intends to take and they are not subject to examination for the purposes of issuing certification Stage 1 Stage 1 is the first phase of certification auditing and also includes analysis of the documentation. Stage 1 is generally conducted on the premises of the Organisation, by staff with the necessary technical competence for the scheme and the type(s) or machine(s) to be certified. The documents to be submitted for analysis are: Quality Manual; Correlated procedures/instructions; Technical file for a representative model of the machinery category being certified; if the manufacturer (or his representative) has applied for the certification of one of more representative machine models, the technical file for each model must be examined. The results of Stage 1 are documented and promptly communicated to the client Organisation; the Audit Team then agrees with the Organisation the details for Stage 2, also dealing with the planning of it. Following Stage 1, if any modifications to the data and company activities are found compared to what was communicated by the client at the time of drawing up the quotation, the methods and duration of Stage 2 and of the subsequent surveillance Audits may differ from what was initially put forward in the quotation. The interval between Stage 1 and Stage 2 is decided considering the needs of the Organisation for resolving any problems found during Stage 1. The client must provide KIWA CERMET with an approved and updated copy of the documents examined and make it available on request, for the entire period of the contract with KIWA CERMET. Depending on the results of Stage 1, before being able to proceed, the manufacturer (or his representative) must make the necessary modifications or additions to the documentation assessed. KIWA CERMET may request the modified documents to be submitted for fresh examination, before proceeding with the next activities. If within 60 calendar days of the end of Stage 1, the client has not received any communication, or received notification of Stage 2 from KIWA CERMET, the Audit report may be considered automatically confirmed. On the contrary if, following internal examination, KIWA CERMET considers that any modifications need to be made to the content of the report, it will give formal notification to the Organisation, providing explanations for each variation made and indications of the subsequent actions Stage 2 The purpose of the Stage 2 Audit is to assess the implementation, as well as the effectiveness, of the client s management System. rev. 5 of 2014/11/26 Page 5 of 10

6 Stage 2 is planned to take place within a certain time period after Stage 1, in such a way as to allow the Organisation to resolve the issues that emerged in Stage 1 and for Stage 2 to be planned efficiently by KIWA CERMET. The maximum time that can elapse between Stage 1 and Stage 2 will be decided by KIWA CERMET and must be such as to guarantee that the results of Stage 1 are still valid. The product certification system, the Organisation and the regulatory and legislative context must not therefore undergo significant variations between the two stages. In exceptional circumstances and for substantiated reasons, decided by KIWA CERMET, the two stages may be carried out consecutively. In such instances if the result of Stage 1 is negative, the initial certification review will be completed just the same, but a new Stage 2 Audit will need to be undertaken. The Stage 2 Audit always takes place on the premises where the processes that are the subject of the certification are carried out. This Audit extends to all requirements of the Directive and depends on the type of machinery being certified. At the start of the Audit, the resolution of any issues notified in Stage 1 is assessed. At the end of the Audit, the KIWA CERMET ITALY Audit team issues a copy of the Audit report to the client, who signs it. For any Non conformities found in Stage 2, the manufacturer must send KIWA CERMET, on the relevant forms, its proposal for making the corrections and taking the corrective actions agreed (along with an analysis and formalisation of the causes that generated them), with a timescale for implementation. On receiving the Audit report, and following the relative examination, KIWA CERMET will confirm to the manufacturer (or his representative) the result of the Audit and will give notification of the subsequent actions. In this phase, KIWA CERMET may ask the manufacturer (or his representative) to make any additions or modifications necessary in relation to the contents of the report issued by the Audit Team. The case cannot be examined in order to make a decision until the proposals for resolution and the corrective actions to be taken on the Non-conformities have been received. Furthermore, before certification is released, it must also be verified that major Non-conformities have been resolved, according to the assessment methods set by KIWA CERMET (audit on the client s premises and/or through documented evidence, where possible). This assessment must take place no later than 6 months following the Stage 2 Audit; beyond this deadline, it will be at the discretion of KIWA CERMET to evaluate the consequent actions to be taken. Verification of the implementation and effectiveness of the corrections and corrective actions concerning minor Nonconformities is carried out by KIWA CERMET in the subsequent periodic surveillance Audit. If the certification decision is positive, the manufacturer (or his representative) receives the EC certification and applies the number 0476, which identifies KIWA CERMET as the Notified Body, to the machinery covered by the approved Quality System. If the certificate is refused, KIWA CERMET will send notification to the Organisation, stating the conclusions drawn in the Certification Decision phase and the relative consequent actions. Any requests for changes to the content of the certificate must be sent to KIWA CERMET in writing and prior to the first useful Audit. The KIWA CERMET certificate is valid for 3 years from the date of issue. 4.5 Surveillance Audits Surveillance audits according to Annex X of the Directive KIWA CERMET only conducts surveillance audits for certificates issued in conformity with Annex X of the Directive. Surveillance Audits take place once a year with reference to the month the certificate expires 2. They are always conducted on the premises where the processes covered by the certified approved Quality System, take place. During the course of the surveillance Audits, an assessment is made of the resolution of the system issues that emerged in the previous Audits, as well as an assessment of the implementation and effectiveness of the corrective actions taken by the manufacturer (or his representative). At the end of the Audit, the KIWA CERMET Audit Team issues a copy of the inspection report to the client who signs it. The report can be considered confirmed if within 60 calendar days no further notification is given to the Organisation. 2 The date of the first Surveillance Audit following Stage 2, must not exceed 12 months from the last date of Stage 2 rev. 5 of 2014/11/26 Page 6 of 10

7 In the event of Non conformities, the manufacturer must send KIWA CERMET, within 20 working days and on the relevant forms, its proposal for correcting and taking the corrective actions agreed (along with an analysis and formalisation of the causes that generated them), with a timescale for implementation. If within 30 working days of sending this the Organisation has not received any communication, it may consider automatically accepted the treatments and the plan of action set out. In the event of major Non-conformities, KIWA CERMET will notify the manufacturer of the consequent actions: Audit on the client s premises and/or Audit through documented evidence where possible. The deadlines for these audits will be set by KIWA CERMET depending on the seriousness and number of Non-conformities reported If the manufacturer (or his representative) does not implement the agreed actions to resolve the issues within the time period specified, the certification may be suspended or revoked at the decision of KIWA CERMET. The postponement of an already scheduled and agreed Audit, for reasons attributable to the Organisation, must be notified to KIWA CERMET at least 30 days before the scheduled date, otherwise a penalty of 50% of the cost involved will be invoiced, along with any expenses incurred. Carrying out the Surveillance Audit provided for in the certification cycle is subject to the Organisation being up to date with payments for all previous services supplied. As well as on-site Audits, surveillance activities may include for example: a) requests to the manufacturer regarding aspects pertaining to the certification; b) a review of the manufacturer s declarations for his own business activities (for example advertising materials and website); c) requests to the manufacturer to provide documents and registrations (on paper or by electronic means). These other forms of monitoring can be applied by KIWA CERMET depending on: information received from external sources, results of the Audits, input from the Accreditation Body or the Competent Authority etc Renewal Audits according to Annexe X of the Directive By the date the certification expires, KIWA CERMET conducts a renewal audit on the manufacturer s (or his representative s) premises for the main purpose of checking that the manufacturer (or his representative) is maintaining the approved Quality System in conformity with the requirements of the Machine Directive. The Renewal Audit is planned in such a way as to take into account all the requirements of the reference Directive. At the end of the Audit, the Audit Team issues a copy of the Audit report to the client, who signs it. The Audit report provides a list of any issues that the client needs to resolve, the report is submitted for internal examination and approval by KIWA CERMET, in order for the certification decision to be made. As regards the management of any issues and the decision-making phase for renewing the certification, what was indicated in the previous applies. The Renewal Audit, including correct management of any issues arising, must be concluded by the time the Certificate expires. The Certificate will then be valid for a further 3 years Renewal Audits according to Annex IX of the Directive By the time the certification expires, subsequent to a formal request from the manufacturer (or his representative), KIWA CERMET reviews the validity of the EC type-examination certificate issued. If KIWA CERMET determines that the certificate has remained valid, taking into consideration the state of the art, it extends the validity of the certificate for a further five years. If the validity of the EC type-examination certificate is not extended, the manufacturer (or his representative) must stop the release of the machine in question to the market Audits without prior notification according to Annexe X of the Directive KIWA CERMET may carry out Audits without prior notification on the manufacturer s (or his representative s) premises. During such visits KIWA CERMET, if necessary, may conduct tests or have tests conducted on the machinery in order to assess whether the Quality System is working properly. At the end of the Audit, the KIWA CERMET Audit Team issues a copy of the Audit report to the client who signs it. rev. 5 of 2014/11/26 Page 7 of 10

8 The Audit report contains a list of any issues found that the client must resolve. The report is submitted for internal examination and approval by KIWA CERMET. As regards the management of any issues, what was indicated in 4.5 applies. 4.6 Verification of Modifications made by the manufacturer For certification issued in conformity with Annex IX of the Directive, where modifications have been made by the manufacturer (or his representative) to the approved type, any such modifications must be approved by KIWA CERMET. Depending on their importance and extent, KIWA CERMET will decide which assessment activities need to be carried out. Similarly, with reference to certifications issued in conformity with Annex X of the Directive, where the manufacturer (or his representative) has made significant modifications to the approved Quality System and/or to the machine model certified, KIWA CERMET decides the type of assessments to be carried out. 4.7 Communication with Competent Authorities KIWA CERMET sends the Competent Authorities a list of EC Certificates issued, modified, suspended and revoked. KIWA CERMET keeps available for inspection by the Competent Authorities all the documentation pertaining to issue of the certification. 5. SUSPENSION AND REVOCATION OF THE CERTIFICATION Certification can be suspended, revoked or reduced: - At the decision of KIWA CERMET, in the event of: non resolved issues; presence of serious notifications from the market; lack of compliance on the part of the client with the contractual conditions (e.g. impossibility of conducting a Surveillance Audit), with the requirements of the Directive, with the economic conditions agreed with KIWA CERMET or in the event of a variation in the contractual terms put into effect without the approval of KIWA CERMET. - At the request of the manufacturer (or his representative). - In the event of a judicial sentence passed for matters concerning failure to comply with statutory and regulatory requirements pertinent to the product covered by the certification; in this case, the certificate will be suspended for a sentence that has not yet been made final, or will be revoked for a sentence that has been made final. KIWA CERMET reserves the right to consider, based on the reasons that led to suspension/revocation/reduction: - The possibility of asking the manufacturer (or his representative) to recall the machines already released onto the market (including those still held in stock); - Whether or not to allow the manufacturer (or his representative) to continue to sell machines already manufactured on the date of the suspension/revocation/reduction. Apart from exceptional circumstances (in any case decided by KIWA CERMET or by the Competent Authority) the suspension period may not last beyond 6 months, otherwise the certification will be revoked. During the period of suspension, the client forfeits the right to use the EC marking and forfeits the right to use or advertise the certificate by any means whatsoever. The conditions for restoring the suspended certification (including the necessary conformity Audits), will be set by KIWA CERMET based on the reasons that led to the suspension and depending on the duration of the suspension. If the client does not put into practice the actions specified by KIWA CERMET for restoring the suspended certification, the certification will be revoked or, where possible, its scope will be reduced. Reduction of the certification involves a new Certificate being issued, stating the type of machinery for which the certification is still valid, and surrender of the old Certificate. Following revocation of the certification, the manufacturer (or his representative) forfeits the right to use the EC marking and the certificate. The manufacturer (or his representative) may embark upon the certification process again by making a new application. 6. INCORRECT USE OF CERTIFICATION, CERTIFICATES AND EC MARKINGS Use of the certification or certificate is deemed to be incorrect when it could mislead the market regarding the nature, quality and method of use of the machinery covered by the certification. Use of the EC marking is deemed to be incorrect if it is applied to machinery: rev. 5 of 2014/11/26 Page 8 of 10

9 - when an application for certification has not yet been presented or when an application for certification has been refused; - that does not conform to the machinery described in the certificates; - for which certificates have been revoked/suspended. - when the certificate has expired and has not yet been renewed; - for which the manufacturer (or his representative) has not implemented changes requested by KIWA CERMET. Where incorrect use of the certification or the certificate and/or the EC marking is discovered, KIWA CERMET revokes the right of the manufacturer (or his representative) to apply the EC marking and to use the certification, at the same time notifying the Competent Authority. In the most serious cases (e.g. illicit marking) KIWA CERMET will also inform the Public Prosecutor s Office. 7. MANUFACTURER S (OR HIS REPRESENTATIVE S) OBLIGATIONS: By accepting these regulations, as well as the content of the General Terms and Conditions, the manufacturer (or his representative) must in the certification application phase (acceptance of the quotation), commit to comply with the following obligations: provide KIWA CERMET with the name and address of the Manufacturer (or his representative); declare that he has not presented a similar request for certification to other Notified Bodies; declare that the same application has not already been refused by another Notified Body; Only for assessments pertaining to Annex IX of Directive 2006/42/EC make available to KIWA CERMET a sample of the type; KIWA CERMET may also request other samples if the test schedule requires it; keep for fifteen years from issue of the EC type-examination certificate, and from the renewal of its validity, a copy of the certificate, the technical file and of all the relevant documents; inform KIWA CERMET, holder of the technical file for the EC type-examination certificate, of all modifications made to the approved type; Only for assessments pertaining to Annex X of Directive 2006/42/EC: provide KIWA CERMET with information on the places of design, manufacture, inspection, testing and storage of the machinery; keep available for ten years from the last date of manufacture: the documentation referred to in point 2.1. of Annex X of Directive 2006/42/EC, the decisions and reports of KIWA CERMET referred to in point 2.4, third and fourth paragraphs and points 3.3 and 3.4 of Directive 2006/42/EC. 8. COMPLAINTS, APPEALS AND DISPUTES 8.1 Complaints The Manufacturer may present documented complaints regarding his dealings with the certification activities provided by KIWA CERMET. Such complaints may arise from problems encountered during the certification process, such as for example, delays in completing the various phases and/or incorrect conduct by the Body s Auditors. KIWA CERMET records all complaints, examines them and informs the claimant of the actions taken, within thirty days of receiving the complaint. KIWA CERMET will establish with the claimant whether and to what extent the content of the complaint and its resolution should be made public. 8.2 Appeals If the claimant is not satisfied with the response received, or intends to appeal against the decision of KIWA CERMET, he can present an appeal in writing. rev. 5 of 2014/11/26 Page 9 of 10

10 The petitioner must state the grounds for his appeal and, where the appeal refers to a decision made by KIWA CERMET (e.g. the expression of a Major non-conformity), it must be presented to KIWA CERMET within 10 calendar days of the decision being communicated. KIWA CERMET will give the petitioner a written reply and will give notification of any actions to be taken within 30 days of the date of receiving the appeal. Any expenses incurred for dealing with the appeal will be borne by the unsuccessful party. A detailed account of how to present complaints and appeals is given on the website Disputes Should the outcome of the appeal not be accepted by the petitioner, the ensuing dispute will be submitted to a panel made up of one representative for KIWA CERMET, one representative for the petitioner and one representative to act as Chairperson, appointed by the two parties in order to review the appeal and find a mutually acceptable conclusion to the dispute. If the dispute cannot be resolved in a friendly manner, the dispute may be settled by the decision of a Sole Arbitrator, to be appointed in conformity with the Regulations of the Bologna Chamber of Arbitration. The parties expressly declare that they know and accept the aforementioned Arbitration Regulations. The Sole Arbitrator decides according to standard procedures and fairness, following the mandatory rules of the Italian Code of Civil Procedure. The expenses will be borne by the unsuccessful party. 9. TERMINATING THE CONTRACT If the Organisation wishes to terminate the contract, unilateral termination during the three-year period that the certification is in force requires a notification of 3 months prior to the scheduled Audit. For prior notification of less than three months and greater than two weeks, the client must pay 50% of the cost for the instalment scheduled for the subsequent Audit as agreed in the contract. For periods of prior notification of less than two weeks, the conditions specified in the General Terms and Conditions shall apply. rev. 5 of 2014/11/26 Page 10 of 10

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