This policy sets out the scope and limitations of BCERT LTD's liability in connection with its certification activities and the use of certificates issued by BCERT LTD.
Certification by BCERT LTD does not constitute a warranty, guarantee, or endorsement of the Client's products, services, or management practices. Certification signifies that the management system was assessed and found to meet the requirements of the applicable standard at the time of audit.
BCERT LTD's certification does not relieve the Client of its legal, regulatory, or contractual obligations to any third party. The Client remains solely responsible for the effectiveness of its management system and for all outcomes arising from its operations.
BCERT LTD's aggregate liability to the Client arising from or in connection with the Certification Agreement or any certification activity — whether in contract, tort (including negligence), or otherwise — shall not exceed the total fees paid by the Client to BCERT LTD in the twelve (12) months preceding the event giving rise to the claim.
BCERT LTD shall not be liable for any indirect, consequential, special, punitive, or exemplary loss or damage, including but not limited to:
Nothing in this policy limits BCERT LTD's liability for:
BCERT LTD identifies, assesses, and manages operational and liability risks through the following controls:
Covers errors, omissions, or negligence in the conduct of certification activities, including incorrect certification decisions or audit findings.
Covers third-party bodily injury or property damage arising from BCERT LTD's operational activities.
Aggregate liability capped at 12 months' fees — consistent with industry standard for management system certification bodies.
Risks that cannot be fully mitigated through operational controls are identified in BCERT LTD's F/30 Threats to Impartiality Register and reviewed annually at the Management Review. The following risk categories are assessed for insurance relevance:
| Ref | Risk Description | Risk Level | Controls & Mitigation | Residual | Insurance Cover |
|---|---|---|---|---|---|
| R020 | Financial — Cash flow / insufficient working capital to meet operating costs and obligations (delayed client payments; lumpy audit revenue). | Medium | Cash-flow forecasting and monitoring; clear payment terms and milestones (TC-001); invoicing discipline; maintained financial reserves / contingency; diversified client base. | Low | Reserves (not insured) |
| R021 | Financial / Legal — Liability — a claim of negligence, error or breach arising from certification activities results in financial liability that could exceed resources. | Medium | Professional indemnity (errors & omissions) insurance; contractual limitation of liability (TC-001); competent personnel and functional separation; liability policy process (P/17); evaluation recorded in F/36. | Low | PI / E&O · TC-001 limit |
| R022 | Financial / Insurance — Insurance cover is inadequate for the risk profile, lapses or does not cover the certification activities (e.g. remote / ICT auditing or the schemes operated). | Medium | Annual liability evaluation and cover review (P/17; F/36); renewal-date tracking to ensure continuous cover; verification that the policy covers all activities and schemes; reserves held for any residual exposure. | Low | PI / E&O · reserves |
This policy is governed by the laws of England and Wales. Any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.