It is agreed that these Terms and Conditions shall be construed in accordance with the laws of England & Wales and the execution hereof shall be deemed to have taken place within England & Wales. Each party hereby agrees that the jurisdiction for the resolution of any dispute shall be within the courts of the United Kingdom.
Neither party shall be liable for any breach of these terms and conditions caused by matters beyond its reasonable control; including, but not limited to, acts of god, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving a party’s employees), failures or interruptions of electricity supplies, weather of exceptional severity, or acts of local or central government/other authorities.
No waiver or any amendment to these terms and conditions shall be effective unless in writing and signed by both parties.
A person who is not a party to these terms and conditions may not enforce any of them under the agreements (rights of third parties) act 1999.
If any dispute arises out of these terms and conditions, each party will both attempt to settle it by mediation, in accordance with the centre for dispute resolution (CEDR) model mediation procedure. If the matter is not resolved by negotiation, the parties will refer it to mediation in accordance with the centre for effective dispute resolution (CEDR) model mediation procedure (see www.cedr.co.uk). Unless otherwise agreed, the mediator shall be appointed by CEDR. If the parties fail to agree terms of settlement within 42 days of the start of the first meeting, held under such procedure, the dispute may be referred to litigation by either party.
Over and above the details herein, all companies within the USA agree to the provision of a separate hold harmless agreement, between themselves and PQAL.
Any past or future violations of environmental and/or health and safety related laws, or regulations, or possible accusations that may lead to a prosecution or legal action, shall be immediately notified to PQAL in writing.
Please note that within the proposal/contract agreement, applicants/clients have an obligation to advise PQAL of any breach of legal or regulatory requirements and any pending prosecutions of whatever nature.
Although proportionality and scale of the situation should be considered, the applicant/client is required to advise PQAL of any potential risks to certification but not, for example, isolated cases of a minor nature.
The applicant/client is required to inform PQAL as soon as it becomes aware of any breach or pending prosecutions for the breach of any regulatory requirements relevant to their certified management system. PQAL shall review the details of any breaches brought to its attention, and may elect to perform additional verification activities, chargeable to the applicant/client, to ensure compliance with specified requirements. PQAL reserves the right to suspend or withdraw certification for failure to inform PQAL and the appropriate regulator of such breaches.