Number: 2004/E

CONTRACT FOR CHECKING PERSONAL PROTECTIVE EQUIPMENT OF 3. CATEGORY
(specimen),

concluded between XXXXXXXXXXXX (name and address), as the owner of the EC type-certificate number.................. (in what follows, Manufacturer), and the Inspection Body of BIMEO Ltd.(H-1047 Budapest, Baross u. 39.) (in what follows, Inspection Body) with the following stipulations.

1.      The subject of the contract:

Checking the conformity of the                    PPE with identification number                    as indicated by the EC type-certificate number                             , to the MSZ EN 344-1:1995, MSZ EN 344-A1:1997 and MSZ EN 34X:1995 standards, according to section 15. of the 18/2008. (XII.3.) SZMM decree.

Obligations of the contracting parties:

2.1.      Obligations of the Inspection Body:

2.1.1.  The Inspection Body performs the inspection, taking into account the test results, the product handed in and the documentation. In case the PPE and the related manufacturing and product control system is found to be in conformity with the relevant requirements, the Inspection Body issues an inspection report. In case of non-conformity, the Inspection Body issues a list of inadequacies.

2.1.2.  The Inspection Body is liable to keep confidentiality according to the civil law for all information and data acquired during the inspection regarding the PPE or the manufacturer, and may not deliver them to third parties.

2.1.3.  The certified PPE and its manufacturing system including product control should be checked by the Inspection Body at least once a year. The Inspection Body takes samples from the manufacturing place as needed, with the scope of performing control tests. The Manufacturer should be previously informed by the Inspection Body about the date and the content of the inspection. In case the Inspection Body finds non-conformities during the inspection, informs the Manufacturer about this fact, indicating the deadline for the corrections.

2.1.4.  The Inspection Body may perform on-the-spot manufacturing audit if needed.

2.1.5.  The Inspection Body completes the on-the-spot manufacturing audit and the valuation in 12 working days from the assignment, and the valuation of the samples taken in 15 working days from the sampling. The time period required for an inspection may not be longer than 20 working days.

2.2.      Obligations of the Manufacturer:

2.2.1    The Manufacturer assumes the obligation to hand in the materials from the following table needed for the inspection activity specified in the subject.

+ : necessary;   – : not necessary

2.2.2.  The Manufacturer assumes the obligation to keep a record of the received complaints regarding the certified PPE, and to show this record during the inspections.

2.2.3. The Manufacturer assumes the obligation to provide the documentation and the quantity of samples needed for checking the certified PPE, and to settle the fees of the audit before the inspection, and the fees of the instrumental analysis after receiving the inspection report.

2.2.4. The Manufacturer should immediately inform the Inspection Body about every change, which affect the properties of  the certified PPE.

2.2.5.  The Manufacturer agrees that the Inspection Body assigns the designated/registrated Testing Laboratory of BIMEO Ltd. to perform the testing.

3.  Fees, payment terms:

3.1. The inspection fee includes the minimum charge (for the valuation of the manufacturing and product checking system) and the charges for the performed tests. The minimum charge should be paid according to the invoice issued by the Inspection Body after signing the present contract (and at the beginning of every new year during the validity of the EC type-certificate) within 8 days. The fee for testing the samples taken during the inspection is invoiced by the Inspection Body separately, and should be settled within 8 days.

3.2. The yearly fee for the inspection is ……………. HUF/year minimum charge + the fee for the performed tests according to the effective price list of BIMEO Ltd.

3.3. Settling the invoice:

• through bank transfer according to the invoice issued by the Inspection Body to the account number 10200847-32413195 of the K & H Bank Rt., or

• cash payment in the cash point of BIMEO Ltd.

4.  Further dispositions:

4.1. The Manufacturer acknowledges that the Inspection Body takes measures with the competent certifying body for the suspension or withdrawal of the emitted EC type-certificate in the following cases:

• the EC type-certificate is used by the Manufacturer  unauthorised,

• the Manufacturer did not inform the Inspection Body about changes influencing the basic safety and conformity properties of the PPE,

• the Manufacturer did not make possible the inspection in spite of the previous notice,

• the Manufacturer did not cease the non-conformities identified during the inspection, within the time period given.

4.2. In case of changes in the deadline or of the fees, resulted by a reason through no fault of the Inspection Body, or because or further services required by the Manufacturer in writing, the Inspection Body sends a written notice. If the Manufacturer didn't want to accept the rectified contract, the Inspection Body issues an invoice for the costs incurred up to that time.

4.3. The Manufacturer acknowledges that during testing the sample may get damaged, and the Inspection Body is not responsible for any related loss. After fulfillment of the contract the Inspection Body informs the Manufacturer about what happened to the sample, together with the emission of the inspection report and the list of defects.

4.4. The section of the contract regarding the fees should be reviewed by the Manufacturer and the Inspection Body at least once a year, according to the effective price-list of BIMEO Ltd., and if needed it should be rectified.

4.5. In any other questions, the sections of the civil law regarding assignment contracts and the informative material named "An overview of the inspection procedure" being annexed to the contract are authoritative.

Budapest, 200 .