Based on ISO/IEC Guide 28:2004(E) -- Guidance on Third-party Certification System for Products

1、Scope of Application

(1)The Testing and Certification Regulations govern all testing and certification services TüV Rheinland Hong Kong Ltd. (“TRHK”), renders for manufacturers or other parties for product testing, certification, and related services for manufacturing sites and quality systems.

2、Contractual Basis

(1)The ordering party, hereinafter referred to as the “Client“, places an order directly with TRHK or with a subsidiary of TüV Rheinland Holding AG (hereinafter referred to as “subsidiary).

(2)Tests are generally carried out in the laboratories of TRHK, in a subsidiary or in laboratories bound by contract with TRHK.

(3)TRHK adheres to ISO Guide 65 ("General requirements for assessment and accreditation of bodies operating product certifications systems") and ISO/IEC 17025 ("General requirements for the competence of testing and calibration laboratories").

3、Types of Certificates

(1)On the basis of the favorable assessment and evaluation of test and audit reports the certification body of TRHK issues to the client the following certificates:

(a) Hong Kong S-Mark Licenses and the right to use the Safety Mark.

(b) T-Mark license of standard compliance and the right to use the Test Mark.

(c) Certificate of Conformity according to the DENAN law in its capacity as an RCAB.

(d) Certificate of Conformity to certify that a product is in conformity with other specified requirements

4、Rights and Obligations

(1)The Client affirms the obligations:

(a) That the certified products specified in the licence is and will be in compliance with applicable requirements stated in the standards and general and specific rules specified in the licence.

(b) To notify TRHK beforehand of any changes in the product, the quality system or the manufacturing sites. Continued licensing may depend on the result of additional tests or inspections.

(c)  That the persons representing TRHK will have unobstructed access without prior notification to inspect the premises of the facilities covered by the licence during the normal working hours of the facility involved.

(d)  To take note of the findings of the recurrent production controls and of surveillance audits conducted by TRHK or the subsidiary and improve nonconformities within the agreed timeframe.

(e)  To keep required records and report to TRHK any complaints regarding those aspects of the products covered by a licence.

(f)To take appropriate action with respect to such complains and any deficiencies found in products that affect compliance with the requirements for certification.

(g)  To document the action taken.

(h) To produce the products, for which the licence is granted to the same specifications as the sample that TRHK found by the initial testing to be in conformity with the standard.

(i)  Not to use its product certifications in such manner as to bring TRHK into disrepute and not to make any statement regarding its product certification which TRHK may consider misleading or unauthorized.

(j)  That upon suspension or cancellation of certification discontinues its use of all advertising matter that contains any reference thereto and returns any certification documents as required by TRHK.

(k) To use certification only to indicate that products are certified as being in conformity with specified standards.

(l) To ensure that no certificate or report nor any part thereof is used in a misleading manner.

(m)To make reference to its product certification in communication media such as documents, brochures or advertising, complies with the requirements of TRHK

(2)  The Client has the right:

(a) To publish the fact that he has been authorized to label the products or quality systems to which the licence applies with TRHK's Certification Marks listed on the licence.

(b) To complain to or raise a dispute with the management of TRHK, if he is not satisfied with decisions of the certification body made during the test, audit or certification procedure. TRHK will give the Client its decision and justification. If these reasons are not acceptable to the Client and no final decision can be reached with the management of TRHK, the Client is free to call on the Governing Board, the accreditation body or take legal actions to appeal.

(3) If the requirements applying to the products covered under this agreement are modified, TRHK should inform the applicable licencees among its Clients, stating at what date the modified requirements will become effective and a transition time will end, and advising the Client of any need for a supplementary examination of the products. Within a given time after receipt of the advice, the Client shall inform TRHK whether he is prepared to accept the modifications and decide on option a) or b):

(a) The Client confirms acceptance of the modified requirements. If the result of any supplementary examination is favorable, the certification body will issue a supplementary license or make other modifications of the certification body's records.

(b) If the Client advises TRHK that he is not prepared to accept the modification or if the Client allows the term for acceptance to lapse, or if the result of any supplementary examination is not favorable, the licence covering the particular product shall cease to be valid on the end date of the transition time to the modified specifications, unless otherwise decided by the certification body.

(4)TRHK or the subsidiary reserves the right to publish the corporate names of Clients who hold certification. A special consent of the Client to this is not required.

5、 Surveillance

(1) TRHK carries out continuing surveillance of the Client's conformity with the accepted requirements and obligations. An annual inspection is assumed as a minimum.

(2) This surveillance is carried out by TRHK employees or by employees of the subsidiary.

(3) If nonconformities come to the knowledge of TRHK, this may lead to reduction of the inspection intervals, to suspension or to withdrawal of the licence.

6、 Expiration, Suspension or Withdrawal

(1)Certificates and Licences, which carry an expiration date shall automatically become invalid if not duly extended before.

(2)Suspension may apply for a limited time in the following cases:

(a)  If surveillance shows nonconformity with the requirements of such nature that immediate withdrawal is not necessary.

(b)  If a case of improper use of the certificate or the mark (e.g. misleading publications or advertisement) is not solved by appropriate corrective actions by the Client in due time.

(c)  After the Client obtained agreement from TRHK for a limited period of non-production or for other reasons.

(d)  If there has been contravention of the requirements of the certification scheme or actions bringing the certification scheme or the certification body into disrepute.

(3)  A certificate or licence shall be withdrawn in the following cases:

(a)  The Client applies for license cancellation.

(b)  If the surveillance shows serious nonconformity (e.g. the certified product is hazardous).

(c)  In case of suspension, if the actions are taken by the Client are inadequate. Prior to the withdrawal, the Client will be noticed for a max. of 60 days.

(d)  If the Client fails to settle financial obligations in due time. Prior to the withdrawal, the Client will be noticed for a max. of 30 days.

(e)  If there is any other contravention of the licensing agreement. Prior to the withdrawal, the Client will be noticed for a max. of 60 days.

(4)  Advice of suspension or withdrawal shall be sent by TRHK by registered letter (or equivalent means) to the Client, stating the reason and date of the termination of the licence. Before declaring a certificate, suspended, withdrawn, restricted or invalid, TRHK gives the Client the opportunity to state his views, unless such a hearing is impossible owing to urgency of the actions to be taken.

7、Payment

(1)The Client shall pay to TRHK all expenses quoted in relation to the surveillance, including sampling, test, assessment and administration cost.

8、 Confidentiality

(1)TRHK ensures that confidentiality is maintained by its employees concerning all confidential information with which they become acquainted as a result of their contacts with the Clients.

(2) The Client accepts that TRHK is entitled, by virtue of reporting obligations imposed by law or by authorities, to pass on information about the certification which has come to its knowledge. At the request of an authority, such as an Accreditation Body, information, documentation etc. concerning both the contract with the client and the subject of the contract may be passed on to the Accreditation Body. This includes, in particular, information about the performance of audits, the granting and withdrawal of licenses, attestations, certificates, etc. and incidents which occur and risks indirectly or directly connected with the tested products and/or management systems. TRHK reserves the right to debit to the client's account the cost incurred for identifying and clarifying such incidents.

9、 Coming into Effects

(1) The Testing and Certification Regulations are effective as of 1. September 2007. The previous regulations cease to have validity as of that date. 

10、 General Business Conditions

The General Business Conditions of TRHK shall also apply to the commercial dealings between the client and TRHK and shall be available to the client. In the event of any conflict or discrepancy between the General Business Conditions and these Regulations, these Regulations shall prevail.

TüV Rheinland Hong Kong Ltd.
Member of the
TüV Rheinland Group

Registered place of business:

9/F., Oriental News Building 7 Wang Tai RoadKowloon Bay , Kowloon , Hong Kong

Tel: 852-2192 1000

Fax: 852-2192 1001