This certificate is issued subject to the following conditions:
1. The certificate holder shall continue to have the product reviewed by BMBA.
2. The product shall be continued to be manufactured according to and in compliance with the manufacturing specifications and quality assurance measures which applied at the time of issue or revalidation of this certificate. The Scheme of Quality Assurance separately approved shall be followed.
3. The quality of the product shall be maintained by the certificate holder.
4. The product user should install, use and maintain the product in accordance with the provisions in the PAC.
5. PAC does not cover uses of the product outside the scope of this appraisal.
6. The product is appraised against performance provisions contained in the standards and information from sources listed in the PACS. Provisions of any subsequent revisions or provisions introduced after the date of the certificate do not apply.
7. Where reference is made in the PAC to any Act of Parliament of India, Rules and Regulations made there under, statutes, specifications, codes of practice, standards etc. of the Bureau of Indian Standards or any other national standards body and the International Organization for Standardisation (ISO), manufacturer’s company standards, instruction/manual etc., it shall be construed as reference to such publications in the form in which they were in force on the date of grant of PAC.
8. The certificate holder agrees to inform BMBA of their distributors / licensees whenever appointed by him and agrees to provide to BMBA a six monthly updated list there of.
9. The certificate holder agrees to provide to BMBA feed back on the complaints received, the redressal provided, and the time taken to provide redressal on complaint to complaint basis as soon as redressal is provided. BMBA agrees to provide the certificate holder the user feed back received by it, if any.
10. If at any time during the validity period, PACH is unable to fulfill the conditions in the PAC, he should on his own initiative suspend using the PAC and notify Chairman, TAC the date from which he has suspended its use, the reason for suspension and the period by which he will be able to resume. He shall not resume without the prior permission of BMBA. He shall also inform, simultaneously, his agents, licensees, distributors, institutional, government, public sector buyers, other buyers and all those whom he has informed about his holding the PAC. He shall also inform all those who buy his product(s) during the period of suspension. He shall provide to BMBA at the earliest the list of who have been so informed by him.
11. In granting the PAC, BMBA takes no position as to:
(a) The presence or absence of patent or similar rights relating to the product;
(b) The legal right of the Certificate holder to market, install or maintain the product;
(c) The nature of individual installations of the product, including methods of workmanship.
12. BMTPC and the Board of Agreement of BMTPC (BMBA) take no position relating to the holder of the Performance Appraisal Certificate (PACH) and the users of the Performance Appraisal Certificate (PAC) respecting the patent rights / copy rights asserted relating to the product / system / design / method of installation etc covered by this PAC. Considerations relating to patent / copy rights are beyond the scope of the Performance Appraisal Certification Scheme (PACS) under which this PAC has been issued.. PACH and users of this PAC are expressly advised that determination of the claim / validity of any such patent rights / copy rights and the risk of infringement of such rights are entirely the responsibility of PACH on the one hand and that of the users on the other.
13. It should be noted that any recommendations relating to the safe use of the product which are contained or referred to in the PAC are the minimum standards required to be met with when the product is installed, used and maintained. They do not purport in any way to restate or cover all the requirements of related Acts such as the Factory Act, or of any other statutory or Common Law duties of care, or of any duty of care which exist at the date of this Certificate or in the future, nor is conformity with the provisions of the PAC to be taken as satisfying the requirements of related Acts.
14. In granting this Certificate, BMTPC and BMBA does not accept responsibility to any person or body for any loss or damage, including personal injury, arising as a direct or indirect result of the use of this product.
15. The PAC holder indemnifies BMBA, its officers and officials involved in this assessment against any consequences of actions taken in good faith including contents of this certificate. The responsibility fully rests with the certificate holder and user of the product.
16. The responsibility for conformity to conditions specified in this PAC lies with the manufacturer who is granted this PAC. The Board (BMBA) will only consider requests for modification or withdrawal of the PAC.
17. The PAC holder shall not use this certificate for legal defense in cases against him or for legal claims he may make from others.