Prohibited to you are dead animals, blood, the flesh of swine, and that which has been
dedicated to other than Allah, and [those animals] killed by strangling or by a violent
blow or by a head-long fall or by the goring of horns, and those from which a wild animal
has eaten, except what you [are able to] slaughter [before its death], and those which are sacrificed on stone altars, … (Al-ma’idah 5, 3)
THE ISLAMIC COMMUNITY OF SERBIA
HALAL AGENCY SERBIA
Halal Certification – Terms and Conditions
Unless otherwise agreed in writing all offers or services provided by the Halal Agency Serbia shall be governed by these General Terms and Conditions.
These Terms and the Proposal constitute the entire agreement between the Client and Halal Agency Serbia with respect to the subject matter. No variation to the Contract shall be valid unless it is in writing and signed by the Client and Halal Agency Serbia.
Where a Certificate is issued to the Client, Halal Agency Serbia will provide the Services using reasonable care and skill.
No certification is to be provided where there is the possibility of financial self-interest. To safeguard the impartiality, Halal Agency Serbia will not engage an employee to certify the management systems of shareholders or of clients where this HAS employee has a direct family member working at a senior management level.
DEFINITIONS (As applicable)
Following your enquiry you will be requested to supply Halal Agency Serbia with appropriate information. From this information you will be provided with a written quotation for Halal Agency Serbia services, specifying the duration and cost involved.
To enable Halal Agency Serbia to establish confidence that your management system(s) meet the requirements of this agreement and the specified standard, we require you to:
Allow Halal Agency Serbia full access to all work areas, personnel, records and documentation relevant to your application.
Demonstrate compliance to the specified standard, to Halal Agency Serbia satisfaction.
Nominate a management representative and advise Halal Agency Serbia of this nomination.
If Halal Agency Serbia is not satisfied that compliance can be adequately demonstrated during the initial assessment, it may be necessary to undertake further special visits. Should this be the case, they will be arranged in advance and a written quotation provided.
Following a satisfactory visit and submission of an adequate corrective action response (where necessary) an independent review of the initial assessment report will be conducted. If satisfactory, Halal Agency Serbia shall then grant certification. As evidence of certification you will receive a Halal Agency Serbia signed certificate, valid for 1/2/3 years, or a Batch Certificate (for a product limited quantity), detailing the scope of assessed activities and location.
Continuation appendices may support this; Halal Agency Serbia may at any time refuse certification or revoke, suspend or terminate certification where, in Halal Agency Serbia reasonable opinion, compliance with the specified standard or this agreement has not been met.
POLICY GOVERNING CERTIFICATION MARKS (Logos)
The Client shall adhere to the Halal Agency Serbia branding guidelines on completion of their initial assessment. The branding guidelines will be sent to the client and on receipt of the confirmation email, the Halal Agency Serbia logo’s sent to the Client.
SURVEILLANCE AND RE-ASSESSMENT
It is a condition of this agreement that you advise Halal Agency Serbia in writing, if at any time you no longer comply with this agreement or the specified management standard, or make significant changes to your management system. You should advise your designated Halal Agency Serbia contact.
Halal Agency Serbia shall make regular visits to your premises to ascertain the continuing effectiveness of your management system. The duration and frequency shall be at the reasonable discretion of Halal Agency Serbia.
At the end of the Certification Year/s following initial certification and 2 surveillance cycles, your products will be due for certification renewal.
Changes to your organisation
It is a condition of this agreement that you inform Halal Agency Serbia of any substantive changes that take place or are planned to take place in or to your structure, strategy, management or culture (a “change”) which could affect your certificate.
Without limitation, a Change may include any merges, acquisitions, takeovers, new brand using existing people, cases of significant growth or reduction in employee numbers and changes in name or ownership. You must inform Halal Agency Serbia prior to the Change taking place or, if this is not possible, as soon as is reasonably practicable following the Change.
Halal Agency Serbia reserves the right to investigate the nature of any Change and its impact on your certification. Wherever possible, this investigation shall be timed to take place with a routine assessment of your certification. There may be a requirement to re-quote in line with the new changes and you will be notified of this prior to the assessment taking place.
Certificate Suspension or Withdrawal
Following an unsuccessful assessment or surveillance of an organization’s management system, the certificate of registration may be suspended or withdrawn as follows:
As a result of continued misuse of Registered Company Certification Marks.
Failure to apply corrective action as a result of non-conformances found at an assessment or surveillance within the relevant timescale.
Any other breach of Halal Agency Serbia Certification Terms and Conditions.
Should the client organization wish to appeal against the suspension or withdrawal of certification Halal Agency Serbia operates an appeals procedure see clause 19.
SCHEME REQUIREMENTS PRODUCT CONFORMITY
It is a requirement of all Product Conformity schemes that you advise Halal Agency Serbia in writing of any knowledge of non-conforming products/services.
CHARGES AND PAYMENT
The Client shall pay the fees of Halal Agency Serbia prior to the arranged assessments.
Fees and payment structure (full or stage) will be agreed in advance with the Client
Fees will be exclusive of but subject to VAT and expenses.
We reserve the right to charge interest on overdue invoices from the date when payment is due until the date payment is made at 4% above the Bank of England official dealing rate.
If the proposed Services are cancelled or postponed at short notice by the Client, Halal Agency Serbia reserves the right to charge the Client a cancellation Fee based on the estimated costs of the service.
The cancellation fee may not apply in the following exceptional circumstances:
The announcement of major redundancies
The announcement of a takeover/buy out
Exceptional personal circumstances
Subject to payment of the fees to Halal Agency Serbia, this agreement will terminate automatically upon delivery of the requested Services.
Halal Agency Serbia shall not be required to fulfill its duties and obligations under this agreement if Halal Agency Serbia is prevented from fulfilling its duties and obligations by any acts or omissions of the Client.
OWNERSHIP OF HALAL AGENCY SERBIA CERTIFICATION
The certificate and the right to use the logo shall remain the property of Halal Agency Serbia and you agree not to assign, charge, license, transfer or otherwise deal with it in any way.
The Client is responsible for ensuring that when Halal Agency Serbia visits your site Halal Agency Serbia has adequate protective equipment for the working environment to be assessed. Where specialist training is required this shall be disclosed to Halal Agency Serbia at the outset.
Please raise these issues with your Halal Agency Serbia contact in advance of a visit.
LIMITATION OF LIABILITY
Financial Liability of Halal Agency Serbia (including liability for the acts or omissions of its employees and contracted staff) to the Client in respect of:
Any breach of this agreement
Any use made by the Client of the services; and
Any representation, statement or act or omission (including negligence arising under or in connection of this agreement
All warranties and conditions and other terms implied by statute or common law, are to the fullest extent permitted by law, excluded by this agreement.
The Client acknowledges and accepts that where services are required to change to comply with UKAS guidelines or any other legal requirements, Halal Agency Serbia shall not be liable for breach under this Agreement.
Nothing in this agreement limits or excludes the liability of Halal Agency Serbia for:
Death or personal injury resulting from negligence; or
Any damage or liability incurred by the Client as a result of fraud, or fraudulent misinterpretation by Halal Agency Serbia.
Halal Agency Serbia shall not be liable for:
Loss of profit;
Loss of business;
Depletion of goodwill and/or similar losses;
Loss of contract
Loss of corruption of data or information or
Any special indirect, consequential or pure economic loss, costs, damages, charges or expenses;
Halal Agency Serbia‘s total liability in contract, (including negligence or breach of statutory duty), misinterpretation, restitution, or otherwise arising in connection with the performance of this agreement shall be limited to the Services Fee.
Halal Agency Serbia, its employees and contracted staff shall keep confidential all information relating to your business and shall not disclose that information to any third party.
Halal Agency Serbia, its employees and contracted staff have signed individual confidentiality agreements and will only receive confidential information on a need to know basis. This confidentiality agreement shall continue for a period of not less than 10 years after termination of this agreement.
You shall keep confidential all information relating to the commercial and intellectual property of Halal Agency Serbia and shall not disclose this to any third party.
These restrictions shall not apply to any information in the public domain or which Halal Agency Serbia is required by law or relevant accreditation bodies to disclose.
If either party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstance in question.
Neither party shall be deemed to be in breach of this agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Agreement to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.
If Halal Agency Serbia receives a complaint about your organization, within the scope of your certification, which proves on investigation to be well founded, Halal Agency Serbia will require immediate action within a specified time. Failure to take adequate action may lead to withdrawal or suspension of certification. A special visit may also be required to resolve the issue, which shall be charged to you.
If you have caused to complain about the provision of Halal Agency Serbia service, the complaint should be made to the Technical Director.
We aim to work with you to resolve any complaints rose; however in the unlikely event that you are not satisfied with our response you may register an appeal (see our website for Client Charter).
The Parties each warrant to the other that they have and will maintain all necessary data protection notifications and, in providing the other or third parties with information under the terms of this Contract, they will not be in breach of any security arrangements or in breach of the Data Protection law Serbia (Official Journal of SFRJ, no. 31/93, 39/85, 45/89-the decision of USJ and 57/89, Official Journal of SRJ, no 31/93 and Official Journal of SCG no. 1/2003- Constitutional Charter) and all subordinate legislation under these Acts, including all applicable data protection principles.
PUBLICITY & PROMOTION
In order to maintain the integrity of Halal Agency Serbia service, you agree not to make any misleading statements concerning your application or certification to any third party and will use your best endeavors to ensure that no-one connected with you gives misleading information.
This Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject manner.
Each Party acknowledges that in entering into this Contract it has not relied upon any representation, inducement promise or agreement, whether oral, written or otherwise made by or on behalf of the other Party and which has not been incorporated within or specifically referred to in this Contract, and that no other agreement, statement or promise not contained in this Contract shall be valid or binding.
GOVERNED LAW AND JURISDICTION
This Contract shall be governed and construed in accordance with the Laws of the Republic of Serbia. The Parties hereby submit to the exclusive jurisdiction and procedure of the Serbian Courts.
Any notice to be given under this Agreement shall be in writing and shall be deemed to have been duly given if left at or sent by first class post, registered post or facsimile or other electronic media to a party at the address or relevant telecommunication number for such party or such other address as the party may from time to time designate by written notice to the other.
Any notice or other document shall be deemed to have been received by the addressee two working days following the date of dispatch of the notice or other document by post or, where the notice or other document is sent by hand or is given by facsimile or other electronic media simultaneously with the delivery or transmission.
(Halal Agency Serbia)
Gospodar Jevremova 11
Republic of Serbia
Phone:+381 11 3035 285
Phone/Fax: +381 11 2622 428
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