【法规名称】
【颁布时间】 2002-08-29
【法规编号】 43140 什么是编号？
【正 文】
第2页 MEMORANDUM OF UNDERSTANDING relating to the mutual recognition of management system certificates between THE BUREAU OF STANDARDS, METROLOGY AND INSPECTION and SWISS ASSOCIATION FOR QUALITY AND MANAGEMENT SYSTEMS
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[接上页] invoice the client seeking registration, for its charges for the assessment and registration. Each party shall bearits own costs and expenses incurred in the assessment and registration. 3.6 INDEMNIFICATION 3.6.1 BSMI shall indemnify and hold harmless SQS, its successorsand assignees, directors, officers, agents and employees against in respect of any and all damages, claims, losses,liabilities, expenses, fines, penalties or suits of whate-ver nature, from third parties which may, solely by an actor omission of BSMI's, arise as a causal consequence out of: (i) any breach or violation of this MoU by BSMI; (ii) any negligent, fraudulent, defective or delayed performan-ce of BSMI's obligations under this MoU; and (iii) any ne-gligent or willful misrepresentation in any certificate ofdocument delivered in conjunction with this MoU by BSMI w-hich is not caused by SQS. Said indemnification also shallinclude all legal fees and defense expenses incurred by t-he indemnitee unless otherwise specified herein. 3.6.2 SQS shall indemnify and hold harmless BSMI, its successorsand assignees, officers, agents and employees and ROC gov-ernment and the employees of ROC government, against in r-espect of any and all damages, claims, losses, liabilities, expenses, fines, penalties or suits of whatever nature from third parties which may, solely by an act or omissionof SQS's, arise as a causal consequence out of: (i) any b-reach or violation of this MoU by SQS; (ii) any negligent fraudulent, defective or delayed performance of SQS's obl-igations under this MoU; and (iii) any negligent or wilfulmisrepresentation in any certificate of document deliveredin conjunction with this MoU by SQS which is not caused byBSMI. Said indemnification also shall include all legal f-ees and defense expenses incurred by the indemnitee unlessotherwise specified herein. 3.7 ADVERTISING 3.7.1 It is not intended by this MoU that (a) BSMI be or refer to itself as a SQS "accredited" party or any similar desc-ription or (b) SQS be or refer to itself as a BSMI "accre-dited" party or any other similar description. Neither pa-rty shall refer to or use the other's name or Mark in any advertising orally or in written materials without the ot-her's prior written consent. 3.8 AGENCY NOT CREATED 3.8.1 Neither party is authorized by this MoU to incur obligati-ons on behalf of the other party or to bind the other par-ty in any respect. 3.9 INDEPENDENT ORGANIZATION 3.9.1 BSMI and SQS are independent organizations not affiliatedwith nor influenced or controlled by customers in any man-ner, which might affect their capacity to render assessme-nts and registrations objectively and without bias. Speci-fically, they comply with all of the following: (A) No managerial affiliation with customers. (B) Results of their work accrue no financial benefits to any customers, via stock ownership or the like. (C) Sufficient breadth of interest or activity that the l-oss or award of a specific contract to assess a custo- mer's quality management system with the applicable s- tandard would not be a determinative factor in its fi- nancial well-being. (D) Employment security status of its personnel is free ofinfluence or control of customers. 4.0 GOVERNING LAW AND JURISDICTION 4.0.1 The parties hereto shall strive to settle any disputes am-icably between themselves. Any controversy or claim arisi-ng under, out of, in connection with or relating to this MoU which cannot be settled amicably shall be subject to the jurisdiction of the Taipei District Court, governed a-ccording to the Republic of China's legislation, in case that the suit is instituted by SQS and subject to the jur-isdiction of Swiss District Court governed according to S-wiss legislation, in case that the suit is instituted by BSMI. 5.0 GENERAL 5.0.1 Both parties will provide the public with non-proprietaryinformation about quality management registration programsand answer general questions. 5.0.2 Both parties will furnish the other with all necessary in-formation reasonably required to ensure the effectiveness of this MoU. Each party will refrain, without the client'sprior authorization in writing, from voluntarily disclosi-ng to third parties secret information, which is obtained,by BSMI or SQS in confidence from the client. 5.0.3 In the event where either party does not adhere to any ofthe items stated in this MoU, the other party shall bring it to the attention of the other for corrective action. 5.0.4 This MoU, written in duplicate in the English language, s-hall come into effect upon signing by both parties and sh-all remain effective until a notice of termination is giv-en by either party. Termination of this MoU shall be by w-ritten notice at least 90 days prior to the effective dateof termination. Signed for and on behalf of Signed for and on behalf ofBureau of Standards, MetrologySWISS ASSOCIATION FOR QUALITY and Inspection (BSMI) AND MANAGEMENT SYSTEMS (SQS)_________________________________ ________________________Neng-Jong Lin Prof. Dr. H.D. SeghezziDirector GeneralPRESIDENT ________________________ T. Zahner MANAGING DIRECTOR _________________________________ ________________________DATEDATE |
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