Annex V - 20th May 2017 Approved R01

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ASTA Type Test Scheme

Terms and Conditions

1 – Introduction
The ASTA Type Test Scheme enables applicants to obtain ASTA Certificates and ASTA Test Reports following
satisfactory testing of electrical equipment at an ASTA Recognized Laboratory or other testing facility assessed
and accepted by Intertek. This document details the terms and conditions relating to the use of ASTA
Certification documents issued under this scheme. Applicants are required to complete and sign this
document to confirm that they have read and agree to abide by the ASTA Type Test Scheme terms and
conditions.
Please read this document carefully and ensure that all terms and conditions are understood.
Please complete section 5 of this form, and then send it to the laboratory which will undertake the testing and
to Intertek (ASTA office) by email to asta@intertek.com.

2 – Definitions
2.1 Applicant
The party applying for ASTA certification.
2.2 ASTA Certificate
ASTA Certificates are bound and sealed documents comprising of a certificate front sheet,
ratings pages (where applicable), test report, photographs, drawings and other documents
describing the equipment tested and test outcomes. ASTA Certificates are issued following
satisfactory testing to the requirements of national, international or ASTA Standards.
Several forms of Certificate are available, including:
 Certificate of Complete Compliance
Verifies compliance with all the requirements of a Standard
 Certificate of Type/Verification Tests
Verifies complete series of type/verification tests prescribed in a Standard has been
made successfully.
 Certificate of Selected Type/Verification Tests
Verifies specified type/verification tests have been made successfully
2.3 ASTA Certification
The issue of an ASTA Certificate or ASTA Test Report
2.4 ASTA Licences and ASTA Diamond Mark
An ASTA Licence gives authority to use the ASTA Diamond certification mark. ASTA Licence
holders are subject to additional terms and conditions as stated in the Intertek Testing and
Certification Ltd Certification Regulations.
2.5 ASTA Test Reports
ASTA Test Reports are bound and sealed documents comprising of a front sheet, test report,
drawings and other documents describing the equipment tested and test outcomes. ASTA Test
Reports are issued when tests otherwise satisfactory cannot be included in an ASTA Certificate
for one or more reasons, e.g. verification of non-standard ratings.
2.6 Certificate/Test Report holder
The applicant as stated on the Certificate/Test Report. In the case that the applicant is also the
manufacturer of the equipment tested, the Certificate/Test Report will refer to this party as
the manufacturer
2.7 Certified Product
The equipment or apparatus tested for which an ASTA Certificate or ASTA Test Report has
been issued.

Intertek RTL Agreement Annex V Page 1 of 6 Issue date: 20th May 2017
ASTA Type Test Scheme
Terms and Conditions

2.8 Type Testing and Verification Testing


Testing intended to verify the conformity of a given type of equipment or apparatus with the
requirements stated in a standard or other reference specification. Type Testing and
Verification testing may include all or selected tests from the reference standard.

3 Application for ASTA Certification


Application for ASTA Certification can be made directly to Intertek (ASTA office), alternatively via an
Intertek Recognised Testing Laboratory authorised to provide ASTA Certification in addition to testing
services. These Terms and Conditions are additional to any other Terms and Conditions between the
Recognised Testing Laboratory and the Applicant which apply to the contract for testing and ASTA
Certification.

4 Use of ASTA Certification Documents


ASTA Certificates and ASTA Test Reports are issued by Intertek following successful testing and are for
the exclusive use of the Applicant for ASTA Certification.
Intertek assumes no liability to any parties other than those with which it has an agreement and then
only in accordance with these Terms and Conditions.
The Applicant is authorised to copy or distribute ASTA Certificates and ASTA Test Reports provided the
deliverable is submitted in full, alternatively the ASTA Certificate front sheets together with related
ratings pages.
The ASTA Certificate/Test Report holder may claim in Trade Journals, Catalogues, Technical Articles
etc., and without the prior approval of Intertek that the Certified Product identified in an ASTA
Certificate is ‘ASTA Certified’. To minimise the possibility of any misunderstanding such claims must
clearly identify the product(s) certified, the ratings verified by ASTA and the Standard against which
certification has been granted.
The issuance of an ASTA Certificate or ASTA Test Report does not authorise the Applicant or
Certificate/Test Report holder to use any certification mark.
Any other use of the Intertek or ASTA names must first be approved in writing by Intertek.
Test results and ratings proven by testing included in ASTA Certificates and ASTA Test Reports relate
specifically to the sample(s) tested at the declared point in time. Responsibility for conformity of any
apparatus having the same designation and/or construction rests with the Certificate/Test Report
holder.

5 Validity, Revision and Withdrawal of ASTA Certificates and ASTA Test Reports
ASTA Certificates and ASTA Test Reports do not have a validity period as they are formal records of
satisfactory testing for the ratings and tests of the samples described therein in accordance with the
stated standards. They provide evidence of conformity of the type of equipment at a certain point in
time but not of the actual conformity of any equipment other than the samples tested.
In the event of a correction being required to an issued ASTA Certificate/Test Report, the revised
document will have the same number as the original followed by a suffix letter such as A. In the event
of issue being discovered with an issued ASTA Certificate/Test Report including but not limited to
inaccurate information having been provided by the Applicant, Intertek reserves the right to withdraw
the document, at its sole discretion and without incurring any liability. If an ASTA Certificate/Test
Report is withdrawn the Applicant or as the case may be the ASTA Certificate/Test Report holder will
be informed (by correspondence to the contact and address as advised at the time of application for
certification). Upon notification of withdrawal the Certificate/Test Report holder must immediately

Intertek RTL Agreement Annex V Page 2 of 6 Issue date: 20th May 2017
ASTA Type Test Scheme
Terms and Conditions

discontinue use of the documents and investigate any risks that might arise due to the reason for the
withdrawal.

6 Confidentiality
Intertek agrees to treat information that Intertek receives from the Applicant, in association with the
performance of services, in strictest of confidence, except as mentioned below. Only the Applicant or
his authorised agent has right of access to the documentation that forms the basis for certification.
Intertek will confirm the authenticity of any information relating to a Certificate or Test Report which
is provided by an enquiring party but will not make available further information. Intertek has the
right to make exceptions from confidentiality in cases where Intertek is so obliged in accordance with
the requirements of its accreditation bodies and with specific local laws or regulations, and subject to
decision by the specific court of law, national or European authorities.

7 Obligations of ASTA Applicant and ASTA Certificate/ Test Report holder’s obligations
The Applicant and, as the case may be, the ASTA Certificate/ Test Report holder shall:
- always comply with these Terms and Conditions;
- makes all necessary arrangements for investigation of complaints;
- not use the ASTA Certification in such a manner as to bring Intertek into disrepute and not make any
statement regarding its Certified Product that Intertek may consider misleading or unauthorized;
- upon suspension, withdrawal, or termination of certification discontinue its use of all advertising
matter that contains any reference thereto and take action as required by the ASTA certification
scheme (e.g. the return of certification documents) and take any other required measure.

8 Complaints
Any complaints relating to the performance of the ASTA certification services or the ASTA Certification
must be made in writing without undue delay. The Applicant or, as the case may be, the Certificate/
Test Report holder shall submit a written statement outlining the reasons for the complaint.
Complaints should be submitted to:
UK Certification Manager
Intertek Testing & Certification Limited.
Cleeve Road
Leatherhead
KT22 7SB

9 Limitation of liability
Nothing in these terms and conditions shall limit or exclude a Party’s liability in respect of (i) death or
personal injury arising out of the negligence of that Party, (ii) fraud or fraudulent misrepresentation or
(iii) any other liability that cannot be excluded or limited by law. Subject to the foregoing, the
Applicant hereby agrees that the maximum aggregate liability of Intertek in contract, tort (including
negligence and breach of statutory duty) or otherwise for any breach of these terms and conditions or
any matter arising out of or in connection with the ASTA Certification Services to be provided shall be
100% the amount of the fees paid by the Applicant in relation to the ASTA Certification services.
Intertek shall not be liable to the Applicant or any Certificate/ Test Report holder in any circumstances
whatsoever for loss of data, production, profit, revenue, business, contract (excluding this contract) or
anticipated saving or increase in operating costs or any economic loss and for any special, indirect or
consequential loss or damage.

Intertek RTL Agreement Annex V Page 3 of 6 Issue date: 20th May 2017
ASTA Type Test Scheme
Terms and Conditions

Any claim by the Applicant or, as the case may be, the Certificate/ Test Report holder against Intertek
must be made in any event within two (2) years after the Applicant or, as the case may be, the
Certificate/ Test Report holder becomes aware of any circumstances giving rise to any such claim.
Failure to give such notice of claim within two (2) years shall constitute a bar or irrevocable waiver to
any claim, either directly or indirectly, in contract, tort or otherwise in connection with the provision
of Services under these terms and conditions.

10 Appeals
Where an Applicant or Certificate/ Test Report holder considers that he has been refused ASTA
Certification or that his Certificate/Test Report has been withdrawn unreasonably then the following
procedures are available to him to make an appeal within fourteen days after having been officially
informed of such refusal or withdrawal:
a. The Applicant or Certificate/ Test Report holder may present his grievance in writing to the
Regional Director of Intertek who shall consider the grievances within 21 days of their being
made.
b. If the Applicant or Certificate/ Test Report holder does not accept the ruling of the Regional
Director following consideration of his grievance he may formally appeal to the Intertek
Safeguarding Committee who shall hear the appeal and whose decision shall be final.
Appeals can be submitted to
Intertek Testing & Certification Limited.
Cleeve Road
Leatherhead
KT22 7SB
Tel: +44 1272370900

11 Records of Complaints
A Certificate/Test Report holder shall maintain a record and inform Intertek of any complaints
received in respect of Certified Products relating to any aspect which could be construed as
endangering the safety of persons, domestic animals or property or which might suggest that the
Certified Products do not conform to the standards stated on the Certificate/Test Report. The records
shall include details of actions taken in respect of deficiencies found and their effectiveness. The
records shall be made available to any person duly authorised by Intertek to inspect such records.

12 Indemnities
The Applicant or, as the case may be, Certificate/ Test Report holder agrees to hold Intertek harmless
and to defend and indemnify Intertek against any liability, loss, or damage from claims, demands,
costs (including legal fees), third parties claims, or judgements arising out of any breach of the
Applicant or, as the case may be, Certificate/ Test Report holder of these terms and conditions, any
negligent or intentional acts of the Applicant or Certificate/ Test Report holder relating to the Certified
Product. Any claims arising out of or relating to any third party's use of or reliance on any ASTA
Certificate or Test Report, analyses, conclusions of the Client (or any third party to whom the Client
has provided the ASTA Certificate or Test Reports) based in whole or in part on the ASTA Certificate or
Test Reports, if applicable
The ASTA Certificates and Test Reports are issued and the ASTA Certification services are provided on
the basis of information, documents and/or product samples provided by the Applicant and solely for
the benefit of the Applicant or, as the case may be, Certificate/ Test Report holder.

Intertek RTL Agreement Annex V Page 4 of 6 Issue date: 20th May 2017
ASTA Type Test Scheme
Terms and Conditions

Intertek shall not be liable to Applicant or, as the case may be, Certificate/ Test Report holder nor any
third party for any loss, damage or expense arising from (i) a failure by Applicant or, as the case may
be, Certificate/ Test Report holder to comply with any of its obligations herein, (ii) any actions taken or
not taken on the basis of ASTA Certificates or Test Reports; and (iii) any incorrect results, reports or
certificates arising from unclear, erroneous, incomplete, misleading or false information provided to
Intertek.
Intertek is not responsible if a third party declines to recognize an issued ASTA Certificates or Test
Reports, either wholly or partially, and bases its order terms on such circumstances. The same applies
to any compensation claims made by the Applicant or, as the case may be, Certificate/ Test Report
holder’s customers, where such customers’ expectations on matters of quality have not been fulfilled,
or where the ASTA Certificate or ASTA Test Reports issued under the ASTA Type Test Scheme is not
accepted as evidence in disputes such as those involving product liabilities.

13 Date of coming into force


This terms and conditions comes into force on the date that the Applicant accepts the quotation for
ASTA Certification.

Intertek RTL Agreement Annex V Page 5 of 6 Issue date: 20th May 2017
ASTA Type Test Scheme
Terms and Conditions

14 Applicant information and Acceptance

Applicant details:
Company name
Address
Telephone no.
e-mail
Website

Contact person:
Name
Position
Telephone no.
e-mail

Apparatus to be tested:
Description

Designation
Principle ratings

Proposed testing
laboratory
Laboratory
reference

ASTA Certification document required


ASTA Certificate ASTA Test Report

Acceptance of these Terms and Conditions


As an authorised representative of the Company detailed above, I hereby confirm that we have read
and accept these Terms and Conditions. Furthermore, I declare that the information given above is
correct.
Signed:

Name:
Position:
Date

After signing, please save this form a .pdf file at a resolution of not less than 200 dpi, confirm legibility and
completeness then send it to the laboratory which will undertake the testing and to Intertek (ASTA) by email
to asta@intertek.com.

Intertek RTL Agreement Annex V Page 6 of 6 Issue date: 20th May 2017

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