Certification Regulations

Amtivo (USA) Incorporated (“Amtivo”) is a certification body accredited by the ANSI National Accreditation Board (“ANAB”) to provide the audit and certification of Client’s management systems to  relevant standards. These Certification Regulations set out the respective obligations of Amtivo and Client to each other in relation to all activities that form part of the certification process (“Certification Activities”) carried out by, or on behalf of, Amtivo.

1. Amtivo shall perform the Certification Activities using reasonable care and skill. Where Amtivo has subcontracted aspects of the Certification Activities to a third party, Amtivo shall remain legally responsible for the Certification Activities.
2. Client shall fully co-operate in relation to arranging any audits required by the Certification Activities, including making provision for examining documentation and providing access to all processes and areas, records and personnel.
3. Client shall agree to the presence of an ANAB, scheme owner and/or Amtivo observer should ANAB, scheme owner and/or Amtivo wish to assess the provision of the Certification Activities.
4. Confirmation that Client meets the relevant standard (“Certification”) shall only be issued once Amtivo determines, at its sole discretion, that the requirements of Certification have been met. Amtivo shall be solely responsible for granting, refusing, maintaining of certification, expanding or reducing the scope of certification, renewing, suspending or restoring, or withdrawing of certification.
5. Following Certification, Client may use and display certification badges subject to the restrictions set out in Amtivo’s guidance on the use of certification badges, a copy of which is available at https://amtivogroup.submerge.cloud/us/certification-badge-guidelines/.
6. In order to maintain Certification for the remainder of the certification cycle, Client acknowledges that further annual audits will need to be undertaken by an accredited certification body. More information on the Certification cycle can be found at https://amtivogroup.submerge.cloud/us/resources/guides-downloads/the-three-year-certification-process/.
7. Client shall notify Amtivo, without delay, of matters which may affect the capability of Client’s management system to continue to fulfil the requirements of Certification. These matters include but are not limited to:-
   • the legal, commercial, or organisational status, or ownership of the organisation;
   • additional sites or offices;
   • additional staffing levels;
   • change of certificate scope;
   • any other changes to the management system and processes;
   • occurrence of a serious incident or breach of regulation necessitating the involvement of the competent regulatory authority (in the event of a serious incident and the involvement of the competent authority, a special audit may be necessary, and the outcome of the investigation recorded)

Where it can be demonstrated that they system seriously failed to meet the certification requirements, this shall provide grounds for Amtivo to decide on action to be taken – up to and including suspension or withdrawal of certification.

8. For Clients seeking certification to AQMS Standards, Client must provide copies of the audit report and associated documents/records to their customers and potential customers, upon request, unless justification can be provided (e.g., competitor confidentiality, conflict of interest). Client may provide access to this data through the OASIS database or by providing the audit report directly to the customer.
9. For Clients seeking certification to e-Steward standards, Client must:
   • permit unannounced audits, including special surveillance audits by Amtivo and/or the e-Stewards scheme owner;
   • permit Amtivo to share any audit or certification related information with the e-Stewards scheme owner during or after the contract period;
   • permit the e-Stewards scheme owner to witness any audit activity;
   • execute a License Agreement with the e-Stewards scheme owner prior to Certification;
   • ensure that all recycling facilities which process, manage or control electronic equipment and are owned or controlled by Client are included in the certification agreement within 18 months of the certification of the initial facility for the specific country;
   • ensure that all ancillary sites which are owned or controlled by Client are included and managed appropriately in the scope of the management system; and
   • where the Client is seeking certification to multiple integrated standards, agree the degree of the level of integration of management system for the application of IAF MD 11.
10. For Clients seeking certification to AQMS standards, Clients must:
    • comply with the duties, responsibilities, and requirements of the ICOP scheme as defined in the 9104-series standards AQMS processes;
    • allow Amtivo to provide Tier 1 data (i.e., information on the issued AQMS standard certificate – public domain) and Tier 2 data (e.g., information and results of audits, assessments, nonconformances, corrective action, scoring, and suspensions- private domain) to the OASIS database;
    • provide access to the Tier 2 data in the OASIS database to their aviation, space, and defense customers and authorities, upon request, unless justification can be provided (e.g., competition, confidentiality, conflict of interest);
    • provide immediate notification to their aviation, space, and defense customers Iin the event of losing their AQMS standard certification;
    • identify an OASIS administrator and be responsible for notifying Amtivo of significant changes within the organization (e.g., changes related to address, ownership, key management, number of employees, scope of operations, customer contract requirements),
    • agree that accreditation bodies, OP assessors, customer representatives, and regulatory authorities may accompany an Amtivo audit for the purpose of oversight witness or the confirmation of the effectiveness of Amtivo’s audit process;
    • must provide copies of the audit report and associated documents/records to their customers and potential customers, upon request, unless justification can be provided (e.g., competitor confidentiality, conflict of interest). Client may provide access to this data through the OASIS database or by providing the audit report directly to the customer.

Failure of Client to abide by these expectations shall be cause for withdrawal from the ICOP scheme and the OASIS database listings.

11. Amtivo and ANAB shall have the right to display Client’s certification and current audit status in the public domain for inspection.
12. Client shall in connection with its activities and the operation of its business comply with fair and equitable business practice, namely all relevant laws, regulations, and codes in relation to:
    • anti-bribery and anti-corruption;
    • anti-slavery and human trafficking;
    • equality, diversity, human rights and good relations; and
    • international sanctions issued by the USA or the United Nations.

13. As used in these Regulations, “Confidential Information” shall mean any oral or written proprietary information that Amtivo may acquire from Client pursuant to these Regulations or information as to Client’s business provided, however, that Confidential Information shall not include any information which:
    • is or hereafter becomes generally known to the public but not as a result of unpermitted disclosure;
    • was available to Amtivo on a non-confidential basis prior to the time of its disclosure by the disclosing party; or
    • is disclosed to Amtivo by an independent third party with a right to make such disclosure
14. Unless required by law or by a judicial, governmental, or other regulatory body, Amtivo shall take all reasonable steps to ensure that its personnel, agents and sub-contractors do not use Confidential Information other than for the purpose of providing Certification Activities nor disclose Client’s Confidential Information to any person or entity without the prior written approval of Client except as expressly provided for in these Regulations.
15. In the event that that there is a conflict between the terms of these Certification Regulations and the terms of an agreement into which they are incorporated, the terms of these Certification Regulations shall prevail.
16. No waiver of any of the provisions of these Certification Regulations shall be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
17. If any provision of these Certification Regulations is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed not to form part of these Certification Regulations, and the validity and enforceability of the other provisions of these Certification Regulations shall not be affected.
18. Amtivo may at any time may assign, transfer or otherwise deal with the whole or any part of its rights under these Certification Regulations. Client may not assign, transfer or otherwise deal with the whole or any part of its rights under these Certification Regulations.
19. Amtivo may amend these Certification Regulations from time to time and shall notify Client in writing of all such amendments.
20. These Certification Regulations are governed by the laws of the State of Colorado and any disputes shall be heard in the Colorado courts.