Rights & Obligations

RIGHTS

CAB's Rights

- After gaining accreditation and once the scope is published on the PAC website, the CAB shall be entitled to publish the accreditation with an indication of accreditation scope and use the PAC accreditation mark for general correspondence in stationery and advertising materials and computer software for commercial purposes under the conditions specified in the relevant PAC documents.

- CAB shall be entitled to appeal, by a letter accompanying objective evidence, to the assessment team and date proposed by PAC.

- CAB shall be entitled to apply for all kinds of complaints and appeals relating to accreditation in accordance with PAC guides.

- CAB shall be entitled to be informed of the assessment date for initial accreditation, surveillance and reaccreditation assessments at least one month prior to the scheduled assessment date. However, where there is a risk of stepping beyond the deadlines specified in the accreditation rules, and if CAB agrees to take the assessment on a notice shorter than one month, the assessment may be conducted on a shorter notice.

PAC's Rights

PAC shall apply the relevant provisions of the legislation, standards and documents in Section 1 of the Accreditation Agreement on all matters relating to the accreditation.

- PAC shall be entitled, where necessary and applicable, to conduct interviews and evaluation with the clients of accredited bodies concerning the services received by making unscheduled visits.

- PAC shall be entitled to have the applicant complete the missing items in the accreditation application that fail to meet the requirements specified in the relevant PAC documents in Section 1 of this Agreement; close the application files where missing items are not completed within the allowed time; reject the applications that are not compliant or are not in the areas/scopes provided by PAC.

- Where PAC determines, during the accreditation process of CAB (including document review, assessment, decision and post-decision process, surveillance, scope extension and reaccreditation assessments), that CAB fails partially or fully to fulfil the requirements of the legislation, standards and documents in Section 1 of this Agreement, PAC shall be entitled to refuse accreditation, suspend, grant accreditation with scope narrower than applied for or recommended as a result of assessment or with modified scope; decide where necessary to conduct supplementary assessment; adjust or amend the previously granted scopes with reasons communicated to CAB.

- PAC may, without having to rely on an assessment, take a decision on CAB's accreditation status based on objective data or evidence obtained; and shall notify the reasons thereof to CAB.

- PAC may, in light of additional information and documents, take a decision diverging from the recommendation of the assessment team; where this occurs, it shall notify the reasons thereof to CAB.

- PAC may, in the decision-making process, request complementary information and documents, and conduct additional assessment by giving the reasons.

- PAC may involve representatives of APAC/ILAC/IAF/IAAC and (with CAB's confirmation) other appropriate parties to observe the assessment provided that their expenses be covered by PAC and CAB be notified in advance.

- PAC shall be entitled to suspend or unilaterally terminate the accreditation, in cases of natural disaster, security problems etc.

- PAC shall be entitled to stop the assessment whenever PAC concludes that the safety of assessment team is jeopardized during the assessment. CAB agrees that in such case, CAB shall pay all assessment charges and costs and the assessment shall be deemed to have never taken place.

- PAC shall be entitled to suspend, stop its activities in a region, country, sector or accreditation area where circumstances occur which impair the confidence in that region, country, sector or accreditation area; and consequently suspend the existing accreditations or unilaterally terminate the agreements. Furthermore, on occasion of changes to international accreditation rules and policies or requirements arising from the sanctions of APAC, IAF, ILAC, IAAC PAC may, with an advance notice, suspend the accreditation or terminate the agreement.

OBLIGATIONS

CAB's Obligations

- The CAB agrees to commit to fulfil continually the requirements for accreditation for the scope for which accreditation is sought or granted and to commit to provide evidence of fulfilment. This includes agreement to adapt to changes in the requirements for accreditation.

- The CAB shall adhere to and comply with the procedures related to the scope of accreditation and the accreditation rules of PAC. Failure to do so will result in the initiation of necessary actions in accordance with the PAC G-10 PAC Guidance for Accreditation

The CAB shall deliver the signed Accreditation Application (F1P9G) and CAB Agreement (F2P9G) with Geographical Location details.

- The CAB undertakes to upload or email the documents and records required in the application into the spaces allocated in the PAC website within the timeframe specified in the relevant PAC documents, and always keep the same up to date.

- The CAB undertakes to make available an adequate number of its staff during the assessment to guide the PAC assessment team.

- The CAB agrees to arrange the witnessing of conformity assessment activities when requested by PAC.

- The CAB agrees to grant PAC access to personnel, locations, equipment, information, documents, and records related to the scope of accreditation.

- The CAB undertakes to agree with the assessment team and date as provided by PAC except where it provides a reasoned request for change to which PAC agrees.

- The CAB may not, save for a valid reason, request a postponement of the assessment dates agreed to in writing.

- The CAB shall notify, 15 days in advance, any intended changes to its legal status and address of operation. CAB agrees that, following such notification, PAC evaluates its status and takes a new decision on its accreditation. PAC suspends the accreditation in scopes that are identified as having been affected from the relocation following the change of address (for laboratories). CAB informs PAC in writing when it is ready for assessment following the suspension decision. PAC conducts the assessment as soon as possible and removes suspension if there is no non-conformity that prevents the maintenance of accreditation.

- The CAB, whose accreditation has been partially or fully suspended for any reason, agrees that its accreditation shall be partially or fully withdrawn if the accreditation assessment and decision processes are not completed within the maximum suspension time specified in the relevant PAC documents.

- The CAB notifies PAC in writing within 15 days any changes in its shareholding and management and changes (quality management system, personnel, equipment, scope etc.) that affect activities covered by the accreditation. Following such notification, PAC shall evaluate the status of CAB and may decide, depending on the nature of the change, to make no changes to its accreditation status, or suspend or withdraw the accreditation partially or fully, or require on-site assessment.

- The CAB undertakes to submit the records of corrective actions taken for non-conformities identified by PAC within the time specified in the relevant PAC documents from the date of assessment. Where there are non-conformities identified by the assessment team that require on-site follow-up assessment, CAB agrees to an on-site follow-up assessment to observe the corrective actions on site.

- In addition to the assessments, the CAB undertakes to initiate corrective actions for communicated notices (complaints, correction, improvement etc.) after evaluated by PAC, and submit the records of such activities to PAC within the time specified in the relevant PAC documents.

- The CAB shall be under obligation to take measures during the assessment for occupational safety and health for the assessment team designated by PAC.

- The CAB undertakes, during the accreditation assessment, to conduct a number of certification audits as specified in the relevant PAC documents on the site under the supervision of PAC assessors (for certification bodies).

- The CAB undertakes, during the accreditation assessment, to conduct a number of inspection activities as specified in the relevant PAC documents on the site under the supervision of PAC assessors (for inspection bodies).

- The CAB agrees to conduct the testing/calibration activities required by the assessment team under the supervision of the PAC assessment team (for laboratories).

- The CAB agrees to have legally enforceable arrangements with their clients that commit the clients to provide, on request, access to accreditation body assessment teams to assess the conformity assessment body's performance when carrying out conformity assessment activities at the client's site. The CAB agrees to include clauses in the contracts it enters into with its clients that enable the AB, where applicable and as deemed necessary, to conduct on-site visits to examine the services provided on- site or at client's site by the CAB and to obtain the necessary information related to the audits conducted by the CAB.

- PAC may conduct unscheduled assessment/visit on the CAB and CAB's clients. The CAB agrees to accept such assessments and to collaborate with the assessment team formed for this purpose.

- The CAB shall not use its accreditation in any manner that could potentially harm the reputation of the accreditation body. This includes, but is not limited to, engaging in misleading or deceptive advertising, making false claims about the accreditation, or using the accreditation in a way that implies endorsement of products or services beyond the scope of the accreditation. Additionally, the CAB must avoid actions or business practices that could be perceived as unethical or illegal under the purview of the accreditation received.

- The CAB undertakes to follow up those legislation, standards and documents in Section 1 of this Agreement as relate to its field of activity, and implement the changes and requirements issued by PAC within the prescribed timeframe.

- The CAB undertakes to use the PAC accreditation mark and certificate after the accreditation decision is taken and within the scope.

- The CAB shall not use the PAC accreditation mark and certificate for any department, affiliates or subsidiaries not in the scope of the accreditation certificate, or for conformity assessment subjects and activities not in the scope of the certificate.

- The CAB shall use the accreditation certificate and scope together; it shall not reproduce partially.

- The CAB shall not transfer the use of the PAC accreditation mark and certificate to third parties.

- The CAB shall comply with the rules in the relevant PAC guides (such as PAC G-05 Guide & criteria for accreditation of testing & calibration labs, PAC G-06 Guide & criteria for accreditation of management system CB) and ILAC, IAF documents when using the PAC accreditation mark (R4G - The use of accreditation symbol) and ILAC, IAF MLA/MRA marks.

- The CAB agrees to share with PAC the results of reports drawn up by the regulatory agencies for proficiency tests and inter-laboratory comparison schemes participated by the CAB.

- The CAB undertakes, where requested by PAC, to participate in the proficiency tests / inter-laboratory comparison schemes by APAC/IAF/ILAC or other schemes as designated by PAC.

- The CAB undertakes to submit to PAC the information and records requested by PAC within the time notified.

- PAC may, in addition to routine assessments, initiate scheduled or unscheduled assessment on the CAB upon notification (complaint, notices etc.) communicated to PAC or information/news obtained by PAC. The CAB shall be under obligation to agree to such assessments. Where as a result of such assessment, the complaint or notification relating to the body is confirmed, the expenses for such assessment shall be charged to the said body. Where no non-conformity identified in the said body, the assessment quote shall not be charged to the assessed body. Furthermore, the CAB shall assist in the investigation and resolution of any accreditation-related complaints about the said CAB referred to it by PAC.

- The CAB shall be under obligation to notify PAC of the meeting venue and dates of the impartiality committee or of any other committees assuming such function one month in advance. PAC may dispatch, as it deems necessary, observes to such meetings (for certification bodies).

- The CAB agrees that, where requested by PAC, the CAB shall give PAC the information concerning certification applications, assessment schedule, assessment team, examination scheme, examiners, certification activities, testing/calibration applications, information related to testing/calibration activities, assessment reports, examination records, testing/calibration reports, charging basis, charges required for each job in relation to its conformity assessment activities.

- The CAB undertakes to keep confidential the information, documents and records of PAC, including but not limited to commercial information, assessment reports, assessment team information, and other information that are not open to the public access, and not disclose such documents, records and information to third parties without PAC's consent.

- When the CAB's accreditation status is as specified (suspended, withdrawn, or expired), the CAB may not use the accreditation logo in its activities or certificates, nor make claims or references implying that it is accredited by PAC. Should the accreditation status of the CAB be suspended, withdrawn, or expired, the CAB will be subject to a penalty fee equivalent to the most recently billed accreditation fee for any certification activities conducted, certificates issued, or claims of accreditation made contrary to the terms of accreditation, and relevant legal action will be initiated without delay. These conditions shall be accepted as an integral part of the accreditation agreement between the parties and shall come into effect.

- The CAB shall be responsible for all travel and accommodation expenses of the assessment team. The hotels and similar accommodations to be arranged shall be at least four-star or equivalent, ensuring appropriate standards of comfort, service, and security are maintained. Should the CAB provide certification to any standard used as a basis for accrediting CABs e.g. ISO/IEC 17025 or ISO 15189), PAC shall initiate its process for suspension of accreditation.

- The CAB agrees to allow PAC to examine, and share with PAC, all its documents and records (including client contracts, reports, records etc.) relating to the quality system and conformity assessment activities relevant to the scopes for which it has requested accreditation. Where the assessment team requests for the purposes of collecting objective evidence, it agrees to deliver the copies of such documentation to the assessment team.

PAC's Obligations

- PAC shall review the CAB's quality system and conformity assessment activities through documentation review and assessments in accordance with the legislation, standards and documents in Section 1 of this Agreement; assess compliance therewith and report; and issue an Accreditation Certificate indicating the approved accreditation scope in its annex to CAB if the result is compliant.

- PAC shall publish the name, address, accreditation date and scope of the accredited CAB in PAC official website.

- PAC shall be under obligation to keep, and ensure that its assessors and technical experts keep, confidential all the information, papers and documents provided by CAB in line with confidentiality and security rules.

- PAC shall designate assessors and technical experts for the assessment in such a way to avoid a conflict/relation of interest with CAB. It shall consider appeals from the CAB to this effect.

- PAC shall notify the CAB of the assessment team and schedule no later than 15 days prior to the assessment in case of initial accreditation, surveillance and reaccreditation assessments. However, where CAB agrees, the assessment may be conducted on a notice shorter than 15 days.

- PAC undertakes not to change the assessment dates except for a valid reason (health problem, etc.)

- PAC shall not disclose to third parties nor reproduce the information, papers and documents relating to CAB without CAB's consent except for requirements of the relevant multilateral recognition arrangements (MLA- MRA) and legal requirements. It shall ensure that such materials are only available to the relevant unit, assessors, technical experts, and the decision-makers. However, regional and international organizations to which PAC is affiliated may directly obtain information related to accreditations from the accredited CABs to fulfill specific requirements.

- PAC shall announce to CAB amendments to accreditation rules and the transitional plans for such changes in time through its website and/or electronic mail etc.

- PAC shall comply with the rules set forth by the regional and international organizations ILAC, IAF, IAAC and APAC (within the framework of the Mutual Recognition Arrangement to which it is a party).