VCA Europe S.r.l. Terms and Conditions for the Supply of Product Certification Services

This page was last updated on 27th May 2022

Privacy Information
Any personal information you may have provided in this form allows VCA Europe S.r.l. to process your application. Details of how this data will be handled, stored and used can be found in our “Privacy Notice” (please follow the link). If you would like us to send you a hard copy of the Notice, then please contact VCA Europe S.r.l., Via Monte Pasubio 5, 24044 Dalmine (BG), Italy.

TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCT CERTIFICATION SERVICES

Application for Work:
All applications must be made in writing using the “Type Approval and CoP Application Form”, available on the website. New customers will also be required to complete a “Customer Account Application Form” for registration and credit checking. This will be supplied as part of the application process.
Submission of the application will be deemed to mean agreement to these terms and conditions by the customer and that the applicant warrants that all information on the application form is complete and correct.
The application can be submitted by a vehicle manufacturer or an appointed representative, who, for EU-related activities, must be based in the EU. Where a manufacturer wishes to use an appointed representative, they should notify VCA Europe S.r.l. in writing.

Worst Casing and Variant Selection:
VCA Europe S.r.l. will take responsibility for the “worst case” selection for EU/UNECE regulations i.e. the specification from a range that will exhibit the worst performance. If the worst case meets the required performance then the range of specifications will be deemed compliant on that basis. The worst case agreement will be documented and agreed at the outset. VCA Europe S.r.l. will recommend the worst case selection to be used for EC Regulations and Directives; however the final decision will rest with the Type Approval Authority.
Where required by the Approval Authority, VCA Europe S.r.l. will undertake whole vehicle inspections.

Test and Inspection Facilities:
All test facilities at which VCA Europe S.r.l. is required to witness tests or inspections will be subject to a facility appraisal by VCA Europe S.r.l. prior to testing. VCA Europe S.r.l. reserves the right to refuse to test or inspect at facilities that do not meet appropriate requirements, including VCA Europe S.r.l. health and safety risk assessment criteria. Further information on facility appraisal requirements is available from VCA Europe S.r.l. on request. Measuring equipment used will require calibration traceable to national or international standards in accordance with ILAC P10.

Test Witnessing:
VCA Europe S.r.l. must witness or carry out all tests and inspections for reports that VCA Europe S.r.l. is to issue. Acceptance of manufacturer or other test reports that have not been witnessed by VCA Europe S.r.l. will be considered only by prior arrangement, and entirely at VCA Europe S.r.l. discretion, in order to assist worst case decisions, where minor changes to existing reports are required, or where the technical standard specifically permits unwitnessed tests.
It is required that inspectors from Accreditation bodies or Approval Authorities can attend testing for auditing of VCA Europe S.r.l. inspectors.

Submission of Manufacturer Information Documents:
Manufacturer information documents, describing the product to be approved should be submitted prior to test or inspection. Information on the required format is available from VCA Europe S.r.l. on request.

Extensions or Revisions to Approved Specification:
Once a product has been approved by the Approval Authority the specification of that product embodied in the approval documentation is effectively frozen and cannot be altered without an extension or revision to the approval. Extensions or revisions to an approval should be discussed with VCA Europe S.r.l..

Interpretations and Recommendations:
VCA Europe S.r.l. will discuss interpretations of the regulations with the relevant Approval Authority if necessary. VCA Europe S.r.l. does not guarantee that such interpretations will be accepted by other authorities.

Liability:
VCA Europe S.r.l. will not be liable for losses or costs as a result of a manufacturer’s failure to meet any requirements stipulated by VCA Europe S.r.l. prior to a test, resulting in an inability to:
• Proceed with the test activities;
• Issue reports or other documentation;
• Send the documentation to the Authority responsible for issuing the approval.
In the case of contractors representing the manufacturer, they will also be liable for any resulting costs for VCA Europe S.r.l.. If the contractor cancels the contract, said contractor will be required to cover losses and costs as a result of the cancellation. Any liability to VCA Europe S.r.l. due to service errors is limited to the monetary value of the contract for that service. The agreed dates for the completion of the tasks are an estimate and VCA Europe S.r.l. takes no responsibility for any late delivery, no matter what the cause.
If the customer fails to satisfy any VCA Europe S.r.l. requirements either prior to test or inspection such that VCA Europe S.r.l. cannot proceed, or otherwise such that VCA Europe S.r.l. cannot issue the required documents, then VCA Europe S.r.l. will not be liable for any costs incurred by the manufacturer. The manufacturer will be liable for VCA Europe S.r.l. costs. In the case of the customer cancelling the contract, the customer will be liable for any VCA Europe S.r.l. costs incurred to date. General liability falling to VCA Europe S.r.l. through any fault or error in the service provided by VCA Europe S.r.l. shall be limited to the monetary value of the contract for that service.
Dates agreed for completion of contracts are given in good faith but VCA Europe S.r.l. accepts no liability for late delivery no matter what the cause.

Insurance:
VCA Europe S.r.l. and its staff are covered by appropriate indemnity insurance for the actions of VCA Europe S.r.l. staff. Where VCA Europe S.r.l. staff are required to attend or be within facilities or vehicles operated by customer staff, the customer shall ensure adequate motor and public liability insurance is in place.

Rates:
VCA Europe S.r.l. fees will be charged in accordance with its established fee schedules, based on time charges and/or fixed rates, dependent upon the service provided. The fees will be established in advance of work commencing. The fee may be agreed as a fixed contract price in advance of work commencing but, in that case, VCA Europe S.r.l. reserves the right to amend the contract price to take into account any additional work that was not included in the contract work specification.

Payment of Fees:
Customers known to VCA Europe S.r.l. will be invoiced on completion of work. Customers not known to VCA Europe S.r.l. will be subject to credit checking and may be required to pay estimated fees in advance of work commencing. Payment will be required within 30 days of invoicing. Should invoices remain unpaid, VCA Europe S.r.l. reserves the right to refuse to undertake further work until payment is received, including payment in advance for further work.

Ownership:
All reports or other documentation issued by VCA Europe S.r.l. shall be regarded as owned by VCA Europe S.r.l..

Confidentiality:
It is accepted that information provided to VCA Europe S.r.l. by the customer relating to an approval or other work may contain details of secret processes, designs and information of a technical nature and as such necessitates a high degree of confidentiality. Both the customer and VCA Europe S.r.l. acknowledge that disclosure of that information may prejudice the commercial interests of the customer and of VCA Europe S.r.l., such that both the customer and VCA Europe S.r.l. are obliged to maintain that confidentiality.
However, once an approval has been issued, VCA Europe S.r.l. may make available approval documentation and information, on request to the United Kingdom Department for Transport, other UK government Departments, the Police, Courts and other official enforcement bodies in the United Kingdom, and to other Approval Authorities and relevant official bodies in other countries, and to others as required by law or any professional or regulatory obligation.
If approvals are transferred to a new manufacturer from the declared manufacturer, VCA Europe S.r.l. will require written confirmation of the transfer from a Solicitor, Liquidator, or Official Receiver before VCA Europe S.r.l. will discuss the approval with the new manufacturer.

Conflicts of Interest:
If you are aware of any conflicts of interest which may affect your nominated VCA Europe inspector, please raise your concern with the quality manager enquiries@vca-europe.com within 3 days of receiving confirmation. If no concerns are raised within 3 days, VCA Europe S.r.l. will automatically consider the plan accepted.

Use of the VCA Europe S.r.l. Logo:
The VCA Europe S.r.l. name or logo must not be used by third parties. Similarly, VCA Europe S.r.l. undertakes not to use customer logos without express, written permission.

Application in Law:
These terms and conditions are regulated and interpreted in accordance with English law and shall be subject to the jurisdiction of English courts.