Nemko Scheme Requirements

Please find below Nemko's general scheme requirements.
Available for download at the bottom of this page are individual scheme descriptions.

1. Introduction

Nemko’s provision of product testing, inspection, certification, and other independent third party product Conformity Assessment Services as well as market access services (“the Services”) to the party subject to the applicable agreement with Nemko (“the Customer”) are governed by these general Nemko Scheme Requirements (“the Requirements”). They set out basic expectations to Customer and include provisions that are deemed necessary for Nemko to comply with applicable accreditation or scheme requirements and to safeguard Nemko’s integrity, impartiality and independence.
The Requirements may be supplemented by requirements set out in the agreed specific test, inspection or certification scheme or standard (“the Schemes”).
When purchasing a Service from Nemko, the Requirements and any Scheme specific requirements are deemed to have been accepted by the customer as an integral part of the applicable service agreement between Customer and Nemko (“the Agreement”).
A Conformity Assessment according to the Requirements means according to ISO 17000 series the demonstration whether specified requirements are met or not, and include – but is not limited to – testing, inspection, validation, verification or certification.
The Requirements do not apply for the following services, which are subject to own requirements, unless otherwise stated in the applicable service agreement:

1. Management System Certification services (ISO 9001, ISO 14001, ISO 45001, ISO 27001 etc)
2. Nemko Norlab AS’ services
3. Nemko System Sikkerhet AS’ services
4. Building Inspection services
5. Digital services (unless being part of the services covered by this document.)

f. The Requirements apply for accredited services. They also apply for non-accredited services, unless otherwise stated herein or to the extent agreed between Nemko and Customer
g. All references to Nemko shall be understood as references to the Nemko Legal entity which is party to the Agreement with the Customer.
h. Nemko and Customer are hereinafter referred to as Party in singular and Parties in plural.

2. Authority

The Customer warrants that it has the right and authority to

a) Order the tests, inspections and certifications related to the identified products and pertaining documentation, hardware, software and supporting equipment etc (“Product”) covered by the Agreement.

b) Undertake and execute the obligations set out in the Requirements and the specific Schemes concerned, including but not limited to, the right to disclose design details regarding the Product, to grant access to production sites and to carry out preventive, mitigating and corrective actions in a prompt and efficient manner when required.

c) To the extent Applicant and/or Manufacturer as defined in the applicable Schemes are different from Customer, Customer warrants that it has all necessary authorizations and powers of attorney to act on their behalf.

3. Order of precedence

The Requirements shall take precedence over any deviating provisions in the Agreement or any related purchase order. Any changes in the Requirements in individual Agreements shall in order to be enforceable, require the written agreement of the Parties with explicit, precise reference to the clauses of these Requirements that shall be modified or set aside. Unless this amendment procedure is complied with, it is agreed between the Parties that any deviating provisions included in Customer’s purchase orders, requests for quotes or similar, shall be disregarded as null and void.

4. Assignment

Nemko may, with Customer’s prior written consent, assign or transfer any or all of its rights and obligations under the Agreement to any subsidiary in the Nemko Group. Customer’s consent shall not be unreasonably withheld.

5. The Services

Nemko shall provide the Services in accordance with the agreed Scheme. Unless otherwise agreed in the Agreement with explicit reference to this provision, Nemko’s quotations are based on a successful conformity assessment – i.e. that the Product or system are found to meet the applicable requirements. Any circumstances that require mitigation or repeat testing/examination, will trigger additional costs which shall be covered on a time and materials basis based on standard hourly rates unless otherwise explicitly agreed in writing.
Unless otherwise explicitly agreed in writing between the Parties, all agreed or estimated progress plan(s) for the provision of the Services are based upon the assumption that Customer provides the necessary and relevant, accurate and completeinformation, documents (including but not limited to technical descriptions, specifications, installation guidelines and user guides in relevant format) and samples of the Product (“Materials”), as well as provision for access to relevant locations, personnel and facilities of subcontractors of the customer, applicant or manufacturer,in a timely and structured manner. In case of Customer’s delay, the progress plan or estimate will as a minimum be extended correspondingly. Nemko reserves the right to further extensions, taking into account other assignments which collide with the Services due to the delays.
Unless it is explicitly agreed as part of the Services that Nemko shall identify discrepancies, errors, inconsistencies or omissions in the Materials, Customer is responsible for all aspects of the Materials, including the Product. Nemko is entitled to rely on the accuracy and completeness of the Materials for the purposes of quoting and the performance of the Services.
Nemko does not undertake any fitness for purpose obligations. Neither does Nemko make any representation or warranty that the outcome of the Services is that the Product is actually deemed to meet the requirements set out in the Schemes. In case the conclusion of the agreed process and assessment is that the requirements in the applicable Schemes are not met, certificates will not be issued. Customer may then if deemed relevant, order further testing and assessment as additional work. Nemko’s conclusion and a brief explanation may be provided in a report, or statement if requested by Customer.
Nemko’s certification decisions are based on documentation established by Nemko itself or by other conformity assessment bodies, in accordance with the requirements set out in the applicable Schemes.
Customer shall familiarize itself with any draft or final gap-analysis, report, attestation, certificate, training materials or other agreed deliverable (“Deliverable”) issued within a reasonable time after completion of the corresponding part of the Services.
Any documented error or defect in the Deliverable shall be rectified within a reasonable period of time, at Nemko’s sole cost, provided said error or defect is not attributable to the Customer, Customer’s subsidiaries or Customer's subcontractors. Customer shall notify Nemko of any error or defect in the Deliverable or the Services in writing within 20 business days after Customer became or should have become aware of such errors or defects, and at the latest within 12 months from issuance of the relevant Deliverable.
The testing or certification of a Product does not release Customer from its responsibility for the compliant design, production, marketing, sale, after-sale, labelling, distribution, transport, use or other aspects of the Product and its commercialization. Neither does the testing or certification directly or indirectly represent or imply a transfer from Customer to Nemko of the risks or liabilities arising from or in connection with the design, manufacture, distribution, use or other aspects of the Product and its commercialization.

6. Personnel and use of external resources

Appropriate personnel shall be appointed for the performance of the Services, in accordance with any applicable accreditation requirements. Unless otherwise agreed, substitute personnel may be assigned to the Services, at any time, and without extra cost and risk for Customer. Substitute personnel shall be suitably qualified and competent.
Nemko shall have the right to subcontract the Services under the Agreement fully or partially to any other company in the Nemko Group. Such subcontracting shall not relieve Nemko from its obligations under the Agreement. Nemko regularly subcontracts Services as part of its accredited, global delivery, and subcontracting to other companies in the Nemko Group shall not require prior consent from Customer. For market access services, Nemko relies on a network of partners in countries where Nemko does not have own presence. Such use of partners shall not require prior consent from Customer.
Nemko may, at own cost and risk, extend the team performing the Services with observers for purposes such as internal training, peer evaluations and mandatory supervision by accreditation bodies, scheme owners, notifying authorities and similar stakeholders in independent third party services.

7. Integrity of Nemko’s personnel

Nemko shall be informed without undue delay of (i) any actual or potential Health, Safety and Environmental risk which Customer is aware of and which is reasonably relevant for the performance of the Services, and (ii) any of Customer’s implemented or planned measures against such risks that Customer requires Nemko’s personnel to adhere to.
The access of Nemko’s personnel to the Product, relevant Materials or sites in order to perform the Services, shall not be conditional upon the execution by the representative or Nemko of any agreement, waiver or release which in any way affects the representative's or Nemko’s legal rights or obligations. Any such document executed in contravention of this provision shall be without force or effect.
Whenever Nemko’s performance of the Services involves visits on Customer’s controlled facility or site, the Customer is responsible for the adequacy, stability, safety and legal compliance of the Customer environment, including reasonable measures to mitigate or control relevant risks. Whenever Nemko personnel is present on Customer’s facilities or sites, they shall adhere to Customer’s reasonable HSE instructions provided in reasonable time before the visit.
Nemko’s personnel, including also its subcontractors, may refuse to carry out any activity, or visit any area or site, if in their sole discretion they consider that relevant risks are unacceptable or not adequately addressed, contained or otherwise mitigated. Such situations also include verbal or physical harassment based on or related to gender, sexuality or other. Any such decision shall suspend both parties’ obligations, excluding Customer’s obligation to pay for performed Services, without any liability or penalty until the parties have agreed on how to proceed.

8. Traceability

To the extent required under the applicable standards or Schemes, Customer shall at all times be able to identify, document and trace the Product covered by the Agreement and the Deliverables issued by Nemko to Customer.

9. Documentation

Nemko reserves the discretionary right to reject test reports or similar to be a basis for certification or other attestation activities if the reports or attestations exceed 36months of age at the time of contracting of the Services.
Customer shall in a timely manner make all necessary decisions. Customer shall give Nemko access as required under the applicable Schemes to the Product, all Materials in the required format as well as to Customer’s sites and facilities when required for the purpose of the Services.
Customer shall give Nemko timely access to the required and agreed number of test samples. Fewer samples may have effect on the progress of the Services.
Upon signing the Agreement, Customer and Nemko shall agree whether test samples shall be sent back to Customer, or be discarded, both at Customer’s cost. If nothing is agreed, Customer shall collect any Materials that are in Nemko’s custody after Nemko’s issuance of the agreed Deliverable without undue delay, and at the latest at the date indicated in the Application form/Additional Product Information sheet or similar or the Agreement. Subject to any applicable accreditation retention requirements, Nemko reserves the right to dispose of / destruct any Materials that have not been collected by the Customer within 60 days after the issuance of the relevant Deliverable. The documented costs shall be covered by Customer on a time and materials basis, using Nemko’s standard hourly rates.
All packing, unpacking, shipping, insurance, import/export costs and taxes for the transport of Materials, including samples of the Product (hardware, software, manuals, shipping materials etc) etc, are the responsibility of Customer. Unless otherwise explicitly stated in the Agreement, Nemko does not assume any responsibility for Materials that are submitted to Nemko for testing purposes, and, unless otherwise agreed with Customer in the Agreement, does not undertake any liability arising from or in connection with the full or partial loss or destruction of the Materials during testing, storage or transport.

10. Third parties affected by testing, audits or inspections

If the Services involve or affect a third party/third parties, where the third parties in any way may be affected by testing or other conformity assessment activities, the Customer shall be responsible for and ensure notification of all involved/affected third parties in order for them to be enabled to prepare and take preventive or mitigating actions, when relevant.

11. Nemko’s online customer platform

Nemko may at Nemko’s discretion, require that Customer and Nemko interact through Nemko’s online customer platform or similar in connection with specific Services. This for the purpose of transfer of documentation and access to reports, certificates and other documentation relevant for or generated in the course of the Services. Purchase of additional services on the customer platform, whether digital or physical services, may require acceptance of additional terms and conditions.

12. Customer’s suppliers and subcontractors

Customer shall take all necessary measures to ensure that the obligations set out herein apply also for Customer’s suppliers and subcontractors, to the extent necessary for Nemko’s performance of the Services.

13. Issuance and maintenance of certificates and other Deliverables

Upon completion of the Services, Nemko shall issue a certificate, attestation, report or other Deliverable to the Customer, provided Nemko finds that there is satisfactory evidence of conformity with the applicable requirements, and that fees and licenses are paid by the Customer in accordance with the Agreement. Upon request from Customer, Nemko may also issue a report which states that specific requirements are not met.
Payment of all dues, including regular licenses, is a condition for the issuance and maintenance of all certificates and reports.
Subject to payments being made by Customer in accordance with the Agreement, Customer shall have the right to use valid certificates with pertaining product marks and labelling in standard size and design as provided by Nemko for the purposes for which such Deliverables are generally intended and used, including on letters, documents and other promotional material, in accordance with the applicable requirements. Directions for the maintenance and use of marks and labelling are given at nemko.com.
The Deliverables, including certificates, attestations and reports, shall solely be used in connection with Products that are manufactured in total conformity with the tested or certified design.
Continued use and validity of the Deliverables may for certain Schemes depend on Customer’s ability to demonstrate continued compliance with the applicable Requirements, for instance through inspection and other conformity assessment activities carried out by Nemko.
Any use of the Deliverables, marks or references to Nemko or its services in connection with Products that are not manufactured in total conformity with the tested and certified design, must be pre-approved in writing by Nemko.
Customer shall not adjust or alter the Deliverables in any manner whatsoever, including, but not limited to, by translating the documents concerned.
In case of misleading use of Deliverables or marks, or other breach of the applicable requirements for the maintenance and use of the Deliverables and marks, Nemko may, based on own discretion regarding urgency and seriousness of the situation, decide to take proportional, unilateral corrective actions, including suspension or withdrawal of Deliverables, publication of the transgression and complaint to relevant authorities.

14. Customer’s reporting

Customer shall without undue delay report to Nemko all facts and circumstances which may reasonably affect the assumptions for issuance or maintenance of a certificate. Insofar they may be relevant for the validity of the Deliverable concerned, Customer shall inform Nemko of all quality cases, changes to the quality management systems, modifications of the production processes, customer complaints, manufacturing problems, identified deficiencies in the Products, major incidents, changes of key personnel as well as any proposed product alteration etc, which concern the Products covered by the Deliverables. Nemko may verify that the Customer has taken relevant corrective actions for recorded complaints in conjunction with routine or extraordinary audits or inspections, as permitted or required under the applicable Scheme.
To the extent required under the applicable Scheme, Customer is obliged to ensure that a record of all complaints made known to it relating to compliance with the Requirements and Schemes and subsequent actions taken with respect to such complaints, as well as of any deficiencies found in Products that affect compliance with the applicable Schemes, is maintained by all parties to the manufacture of the Product.
The records shall be available for inspection by Nemko representatives at all times.
Customer shall immediately notify Nemko in writing if Customer discovers or has grounds to suspect that the Product has, subsequent to certification or testing, been found to be potentially hazardous, or that it has been or may have been the cause of personal injury or property damage. In cases where the results of examination by an agency other than Nemko were relied upon by Nemko for certification of the Product, Customer shall notify Nemko if Customer subsequently discovers said results to be invalid.
Upon learning, from any source, that any Products covered by a certificate, attestation, report or other Deliverable with corresponding labelling or marking, did not comply with the applicable Schemes at the time that such Products left Customer’s control, Customer shall immediately notify Nemko and relevant authorities. Further, the Customer shall promptly, at its own expense, take all reasonable or mandatory steps to rework, repair, recall or destroy all such Products, notwithstanding that such Products may have been delivered to or are being held on behalf of a wholesaler, dealer, retailer or consumer, or that title to such individual Product has passed from Customer. Customer’s obligations shall be limited to using its best efforts.
Customer shall upon request provide Nemko with a sample of a certified product, sub-assembly or component of such certified product, for the purpose of re-examination and testing in accordance with the applicable scheme and in case there in Nemko’s sole discretion are substantiated grounds to believe that the certified product does not meet the requirements of the applicable Schemes, or in case there is in Nemko’s sole professional judgment a need to verify that the product remains in accordance with the certified design. The documented costs of this shall be covered by Customer on a time and materials basis, applying standard hourly rates.
Customer shall take necessary action in case of any non-conformities, observations, improvement opportunities and noteworthy efforts reported by Nemko in connection with onsite visits.
A certificate may only be transferred from Customer to another legal entity if (i) Customer documents that the transfer of the certificate does not imply or reflect any changes in the certified product, the production or other assumptions which form the basis for Nemko’s issuance of the certificate, and (ii) that the other legal entity signs a certification agreement with Nemko.

15. Audits and inspections

In cases where the maintenance of a valid certificate or other Deliverables depends on onsite audits or inspections, as described by the applicable Scheme, Nemko may at its sole discretion carry out or have carried out unscheduled visits of Customer and its production sites when in Nemko’s sole professional discretion it is necessary to verify that the conditions for maintaining the Deliverable concerned are met.
Customer shall upon request provide necessary access for Nemko personnel, its subcontractors and representatives of accreditation and regulatory authorities ,to all sites, suppliers, personnel, devices, documentation and other assets as requested by Nemko where relevant to the Deliverable concerned.

16. Suspension/withdrawal of certificates

Nemko may in its sole professional discretion suspend or withdraw a certificate or other Deliverable if in Nemko’s view the requirements for maintenance of the certificate are not met. The decision to suspend or withdraw shall be in writing and shall outline the factual basis for the action taken. Unless safety or environmental grounds dictate otherwise, Customer shall be given a reasonable period of time to take the necessary corrective actions.
Nemko may in its sole discretion suspend or withdraw a certificate or other Deliverable if Customer does not pay any applicable annual license/subscription fee in a timely manner. Nemko shall notify Customer 20 work days in advance in case it is contemplated to suspend the certificate due to delayed payment of the applicable fees.
If a Deliverable is suspended or withdrawn, the Customer shall not use, make available or refer to the Deliverable, regardless of whether the basis for suspension or withdrawal is contested or appealed or not. Further, the Customer shall ensure that all other active use of the Deliverable, regardless of technological platform, shall cease with immediate effect.

17. Customer complaints

In case of Customer complaints, Customer shall provide such complaints in writing without undue delay after becoming aware of the circumstances giving grounds for concerns. Nemko may require such complaints to be filed in a certain format. Nemko’s accredited complaint procedure apply.

18. Developments of applicable Schemes and industry practices

Customer shall maintain updated knowledge of all applicable Schemes and relevant industry practices.
Unless explicitly agreed in writing, and regardless of anything to the contrary in Schemes concerned, the Agreement does not imply any obligation or duty of care for Nemko to inform the Customer of developments in the applicable standards or industry practices taking place after the issuance of the Deliverables.

19. Marking, labelling and advertising

When a certificate is issued, the Customer is granted a non-exclusive, non-transferrable, non-assignable license to represent the Product as certified by Nemko and to use the assigned certification mark or label, if any, in the manner set forth in the associated certification documents. The Product shall be represented as certified only if it is marked or labelled as set forth in the Scheme concerned.
Marks or Labels shall not contain the Scheme certification mark without the prior knowledge and written general or specific consent of Nemko.
Customer’s authorization to use the Scheme certification mark or label may be withdrawn by Nemko for failure to comply with any part of the Agreement. In such case, for Products in production and in stock, Nemko may require removal of the Scheme certification mark or label, or require that the product be made to comply with Nemko’s requirements. For products already shipped, Customer shall hold Nemko harmless for any costs or claims arising from or in connection with the continued presence of the Products concerned in the markets concerned.
Customer shall be entitled to use appropriate references to Nemko or the text set out in the certification documents, in communication such as advertising or promotional material solely in connection with the specific Products that bear the Scheme certification mark, provided that in the sole discretion of Nemko the materials comply with the requirements of Nemko and the certification scheme concerned. Materials shall in no way use the product certification issued by Nemko to create an impression as to the nature of Nemko’s findings, coverages or Service that is or may be perceived as misleading, or otherwise may bring Nemko into disrepute.
Upon suspension, withdrawal or termination of certification, regardless of reason, and regardless of whether there are pending disputes between Nemko and the Customer, the Customer shall forthwith cease the use of, or make reference to, any certification marks, certificates and labels.

20. Enforcement activities

Unless otherwise explicitly stated in the Agreement with reference to this provision, the following activities shall be charged to the Customer on a time and materials basis, or based upon a standard fee:

1. Unannounced/Unscheduled audits.
2. Work associated with the closing of non-compliances identified during audits or inspections.
3. Requests for access to Materials or files by public authorities, courts, counterparties or civil society stakeholders in connection with or due to products or systems covered by the Agreement.
4. Costs arising on Nemko’s side in connection with Customer’s notification of circumstances which trigger follow up from Nemko’s side after issuance of the Deliverables. This applies in particular for indications that the applicable requirements may not be met, or existing or planned product alterations or amendments, in order for Nemko to verify whether there is a need to re-certify or re-examine the product concerned.
5. Costs incurred in connection with suspension or withdrawal of Deliverables, or decision to re-instate Deliverables.

21. Intellectual Property

Customer warrants that it has the necessary authority to grant Nemko the right to use, amend, process, store and give Nemko access to all Materials for the purpose of the Services, regardless of format.
Each party shall remain the sole owner of any of its intellectual property and rights thereto existing prior to the date of the Agreement. In particular, Nemko shall remain the owner and hold all rights to the Nemko schemes, protocols, checklists as well as templates for attestations, certificates and reports.
Nemko shall hold all intellectual property rights to the Deliverables issued to Customer under the Agreement, including the copyright.
Customer or Applicant, as relevant, shall hold a restricted, non-transferrable, global and royalty free license to use the valid reports, certificates, attestations, certification marks and labels in accordance with the applicable Schemes.
Customer shall not disclose reports issued by Nemko to third parties fully or partially without Nemko’s prior written consent, which shall not be unreasonably withheld. Such consent shall not be required for disclosures to other conformity assessment bodies or public administrations.
Nemko shall be entitled to collect, store, process and use for conformity assessments as well as maintenance and updates of its schemes and systems, the know-how acquired or generated in the course of the performance of the Services. In addition, Nemko shall be entitled to use materials received or generated under the Agreement in an anonymous and aggregated form, for its internal training and competence building related to the independent third party conformity assessment role, always subject to the confidentiality obligations set out in these Requirements.
Any reports or certificates shall only be made available by Customers to third parties in their entirety without altering the content, context or original language of the Deliverables.

22. Confidentiality

Unless otherwise agreed between Nemko and the Customer, the following shall apply:

Nemko shall apply market standard efforts to safeguard the confidentiality of any information it receives from the Customer, the Applicant, the Manufacturer or Customer’s representatives in connection with the provision of the Services.
Unless otherwise instructed by the Applicant, solely the Applicant shall have access to the project documentation, deliverables and results.
Solely the Applicant or its legally authorized representative, shall have the right to instruct Nemko to disclose information to third parties, including Customer, if different from Applicant.
Customer shall ensure that instructions are issued, when relevant directly from Applicant, to Nemko in case Customer requests that Nemko shall disclose information to any third parties. Third parties in this provision includes any other legal entities than Applicant, including but not limited to, any Customer’s and Applicant’s parent companies, affiliates, subsidiaries, shareholders or subcontractors. The instruction shall identify in detail which information shall be released.
If Nemko is instructed by Applicant to release information to a third party, the Customer shall hold Nemko harmless from any claims towards Nemko from the recipient party which exceed the limitation of liability provision included in the applicable terms and conditions, in case of full or partial reliance on the reports concerned.
The obligations set out in this provision shall not apply to the extent the information is required to be disclosed by any relevant accreditation body or certification scheme owner, any competent court, governmental agency, or other relevant public authority in accordance with applicable law, court order or other public regulation.
In addition, information shall not be considered confidential to the extent it: (i) was known to the recipient prior to the information being disclosed by the other party, (ii) becomes known to the recipient through a third party without known confidentiality obligations towards Customer; (iii) is or becomes generally available in the public domain through no act or failure to act on the part of the recipient, or (iv) is in the professional discretion of Nemko as an independent conformity assessment body, necessary to issue a warning to the public regarding safety or use.
These confidentiality obligations shall survive the completion of the Services, termination of the Agreement or termination, suspension and withdrawal of certification, and remain in effect for as long as the relevant information can reasonably be deemed to be confidential information according to this Agreement.
Nemko is not in a position to undertake an obligation to return or delete Materials after the finalization of the Services. Nothing herein shall prevent Nemko from keeping a copy of all confidential information related to the provision of the Services for its internal contract, accreditation and risk management purposes.
These Requirements do not constitute confidential information.

Nemko General Counsel v.2 17.01.2024

Download

Individual scheme descriptions

Special inspection

Special inspection - Guide for applicants | English
Special inspection - Guide for applicants | French