OBLIGATIONS of ema
ema undertakes to provide accreditation services, as well as surveillance, monitoring, evaluation or extraordinary monitoring and re-evaluations in accordance with the standards and procedures established in the Quality Infrastructure Law; the official Mexican norms (NOM), the standards andthe applicable international norms; your application guides; the Guidelines for the integration, organization and coordination of the Evaluation Committees; General Guidelines for the suspension, cancellation or revocation of the accreditation and approval granted to private bodies for the evaluation of conformity approved by the National Standardization Commission; the Evaluation and Accreditation Procedure in force and other manuals and internal procedures of ema.
If ema grants accreditation to a Client, it undertakes to grant the latter the use of the ema accreditation symbol in the terms of the Industrial Property Law and its regulations and the Procedure for the Use of the ema symbol; while the validity of the accreditation lasts as long as it is not suspended or canceled.
ema is obliged to safeguard the confidential information of clients and users and it is ema's responsibility to manage all the information obtained or created during the accreditation process.
RIGHTS of ema
ema will not provide accreditation services to Clients whose accreditation has been canceled during the previous five years, when said acts have been the consequence of the fraudulent commission or in bad faith or in bad faith of any infringement of the legal provisions and Contractual applicable to CABs
In the event that the Client's accreditation is canceled, once it has been subject to the disqualification referred to in the previous point, ema will not provide the accreditation service for the five years immediately following the date on which the accreditation is canceled. for the repeat offense in the fraudulent or bad faith commission of any infringement of the legal and contractual provisions applicable to the Conformity Assessment Bodies.
ema will not provide accreditation services to Clients and / or First-time Applicants, in which associates, shareholders, managers, directors, and / or, in general, any natural person who had previously had their accreditation canceled for having committed properly willful or bad faith an infringement of the applicable legal and contractual provisions.
ema will not provide accreditation services to Clients and / or First-time Applicants who have or designate personnel or experts who have participated in the issuance of opinions, results reports or certificates stating the results of the evaluation of the compliance with false information, and that said circumstance had motivated the cancellation or revocation of the accreditation or approval of the private body.
ema will not provide accreditation services to Clients and / or First-time Applicants when it is determined that, if granted, there could be a direct benefit for the person sanctioned with the cancellation or revocation who has acted with intent or bad faith, or who be a repeat offender. In the event that such circumstance is determined after the accreditation or approval of the applicant, the suspension of the same will proceed until it is determined what is conducive. This and the previous two limitations indicated in the two previous points will be applicable for a period of five years, as of the date when the cancellation or revocation of the accreditation or approval in question takes effect.
ema will not provide accreditation services to Clients whose accreditation has been canceled during the two immediate previous years, when the cancellation of the accreditation (s) has been the consequence of a failure to act with fraud, of any infringement of the legal and contractual provisions applicable to the CABs.
ema reserves the right to interrupt the evaluation and accreditation process in any of its stages or to suspend, cancel (withdraw) accreditation, in cases where it has evidence that:
- The client has incurred in illegal acts or conduct, in violation of the law and regulations referred to in this contract; the applicable laws, regulations and standards established by the Federal Government; acts of corruption; Willful acts against ema, the ethical and moral principles inherent to its legal status and other acts that in the opinion of ema put at risk or even put at risk the credibility and image of the entity and the accreditations it grants.
- Either the information provided by the Conformity Assessment Body for the evaluation and accreditation process is false or if the Conformity Assessment Body hides information.
- Either when there is evidence of fraudulent behavior, when the CAB intentionally provides false information or conceals information, ema will reject the application or terminate the process at the stage where it is.
Such interruption to the evaluation and accreditation process will last until the grievances are clarified, in the case of being confirmed, ema will terminate the evaluation and accreditation process, and in the case of an accredited person, the accreditation may be canceled.