Terms and Conditions | SGZ AG - Certification Services Switzerland

§ 1 Scope of Application

These General Terms and Conditions (T&Cs) apply to all contracts between SGZ Ltd - Swiss Society for Certifications (hereinafter "SGZ") and the client (hereinafter "Client") for auditing, certification and related services.
Deviating conditions of the Client shall only form part of the contract if SGZ has expressly agreed to them in writing.

A contract is formed by SGZ's written order confirmation or by the mutual signing of a proposal.
The scope, coverage and timeline of the certification procedure are set out in the proposal. Amendments require the written consent of both parties.

SGZ conducts audits in accordance with the applicable ISO standards and makes certification decisions independently and without influence from the Client or third parties.
Audits are carried out by qualified auditors. SGZ ensures their professional competence.
The Client may raise legitimate objections against proposed auditors. SGZ decides on these at its reasonable discretion and, in the case of a justified objection, nominates an alternative.
SGZ issues a certificate if the requirements of the standard are demonstrably fulfilled.

The Client shall provide SGZ with all necessary information, documents and access in good time and shall appoint a responsible contact person.
The Client shall inform SGZ without delay of any material changes affecting the scope of the certificate or the management system.
The Client shall ensure that relevant employees are available during audits.
The Client undertakes to remedy identified nonconformities within the agreed timescales and to provide SGZ with evidence thereof.

The certificate remains the property of SGZ and is made available to the Client for use for the duration of its validity. The Client may use the certificate and the SGZ certification mark in commercial dealings in accordance with SGZ's usage guidelines.
Any abusive or misleading use is prohibited; SGZ reserves the right to take legal action.
SGZ may suspend, restrict or withdraw certification if the Client fails to fulfil its obligations, nonconformities are not remedied within the agreed timescales, or a serious breach occurs. The Client shall be notified in advance, except where immediate action is required.
In the event of suspension, restriction or withdrawal, the Client must immediately cease using the certificate and SGZ mark.

Certification is maintained on a 3-year cycle: surveillance audits in years 1 and 2, recertification audit in year 3.
The Client shall allow surveillance audits at the agreed time. If these are refused without good reason or repeatedly postponed, SGZ is entitled to suspend certification.

Fees are as set out in the proposal. All prices in CHF, plus travel expenses and applicable VAT.
Invoices are payable net within 30 days of the invoice date. Default interest of 5% p.a. is due in the event of late payment; SGZ may withhold further services until payment is made in full.
If the Client cancels or reschedules an audit appointment with less than 10 working days' notice, SGZ may charge a reasonable cancellation fee.

SGZ treats all information obtained in the course of the certification procedure as confidential and does not disclose it to third parties without the Client's written consent.
Exceptions include statutory disclosure obligations and information that SGZ must disclose upon a duly reasoned request from an authority or supervisory body.
The fact of certification and the scope of the certificate are considered public information and may be published by SGZ.

SGZ is liable only for direct damages caused by gross negligence or wilful misconduct, and limited to the total amount agreed in the relevant order.
Liability for indirect damages, loss of profit or consequential loss is excluded to the extent permitted by law.
A certificate issued does not constitute a guarantee of the freedom from defects of the Client's certified products, services or processes.

Complaints against SGZ decisions must be submitted in writing within 30 days. SGZ handles complaints through a documented procedure and aims to resolve them within 60 days.
Appeals against audit findings must be raised during the audit or immediately afterwards with the auditor or audit team leader.

The contract runs for the agreed 3-year cycle and renews automatically unless terminated in writing with 3 months' notice before expiry.
The right to extraordinary termination for good cause is reserved. Services already rendered shall be remunerated in any case.

These T&Cs are governed by Swiss law. The exclusive place of jurisdiction is Zurich; SGZ is also entitled to bring proceedings against the Client before the court at the Client's place of domicile.
If any provision is invalid, the validity of the remaining provisions is unaffected.
SGZ reserves the right to amend these T&Cs with reasonable notice. The current version is available at sgz.swiss/agb.