General Information

Your Report

AGREEMENT AND SIGNATURE

a. Applicant acknowledges reviewing applicable ICC-ES Rules of Procedure, and that the applicant shall be responsible for ensuring that products covered by this application conform with ICC-ES product certification requirements. The applicant agrees that ICC-ES may, as necessary, subcontract for work related to the product certification process; although the applicant retains the right to reject ICC-ES’s use of any particular subcontractor. The applicant also agrees that, as may be required for the product evaluation and any follow-up surveillance activities, the applicant will make all necessary arrangements for examination of the applicant’s documentation and records, and/or for ICC-ES access to the applicant’s relevant locations, areas, equipment, personnel, and subcontractors. If requested by ICC-ES, the applicant will make arrangements for third-party observers, representing accreditation bodies, to be present during any given inspection of the manufacturing facilities producing products covered by this application.

b. In consideration of the processing of this application, the applicant agrees to abide by any conditions attached to the approval of this application, the requirements of the applicable model codes, and the Rules of Procedure of ICC Evaluation Service, LLC, as they now exist and as they may be reasonably modified in the future.

c. Applicant agrees to notify ICC-ES whenever the applicant becomes aware of any situation where the product covered by this application could lead to a potential hazard.

d. The applicant agrees to make all necessary arrangements for ICC-ES to investigate complaints related to any product certification resulting from this application. The applicant also agrees to keep a record of all significant complaints made known to the applicant about the certified product(s), and to make these records available to ICC-ES upon request. The applicant will take appropriate action with respect to such complaints, and document the actions taken.

e. The evaluation report, listing report or certification, is subject to revision if any amendments are necessary to comply with approved code changes or new or revised ICC-ES acceptance criteria, rules or policies. If revision should be required, applicant agrees to pay applicable fees.

f. The applicant agrees that all final evaluation reports, listing reports or certifications, as well as communications between ICC-ES and the applicant prior to issuance of a final evaluation report, listing report or certification, including draft evaluation reports and comments thereto, are and shall be the exclusive property of ICC-ES. The applicant agrees not to disclose communications, draft evaluation reports, listing reports or certifications, and/or comments thereto to others without prior written approval of ICC-ES.

g. An ICC Evaluation Service, LLC (ICC-ES), evaluation report, listing report or certification, does not imply any guarantee or warranty (expressed or implied, and including but not limited to merchantability) by ICC-ES against defects or failures in service nor any responsibility in regard to patent or trademark infringement, misuse of trade name or trade secrets, or any other aspect of unfair competition. Affirmative actions of ICC-ES are based primarily on the data submitted by the applicant and/or holder of the evaluation report, listing report or certification, and the validity and integrity thereof as implicitly represented by the applicant and/or holder in submitting the same. Applicant agrees that it shall have no cause of action or claim against ICC-ES or its parent corporation, the International Code Council, Inc., or the officers, directors, members and employees of either entity from time to time arising out of any evaluation report, listing report or certification issued pursuant to this application, whether or not such evaluation report, listing report or certification is subject to conditions, or out of any denial of this application except that the applicant shall have a course of action against ICC-ES for any intentional or willful and wanton act or omission of ICC-ES.

h. Applicant agrees to hold ICC-ES, its parent corporation, the International Code Council, Inc., or any of their affiliates, parent, brother or sister corporations or their successor-in-interest or assigns, and the officers, directors, members, and employees of both such entities (“ICC” collectively throughout this paragraph) harmless, and to defend and indemnify them, with respect to any claim, liability, action or judgment arising from the use or operation by any person of the product or service to which the application relates, actual or asserted, whether related to the matters set forth in the first sentence of this paragraph or otherwise, whether for personal injury, wrongful death, property damage, or any type of injury or damage whatsoever, whether or not of the same kind or nature as any of the foregoing. ICC’s rights pursuant to the foregoing sentence, and applicant’s obligations thereunder, shall not apply if ICC was solely negligent for any intentional or willful and wanton act or omission of ICC-ES. If any part or portion of this paragraph, or any application thereof to particular facts, should be determined invalid, the provisions hereof shall be severable so as to achieve for ICC the maximum legal protection. Whether this application is for a new evaluation report, listing report or certification, or for a renewal of an existing evaluation report, listing report or certification, the provisions of this paragraph shall apply from the date of first granting of that evaluation report, listing report or certification, whether upon application or without application by applicant or a predecessor and regardless of: intervening modifications to said evaluation report, listing report or certification or modifications pursuant to application for renewal; any prior change in the number assigned to the evaluation report, listing report or certification; and any prior change in ownership rights in or rights to said evaluation report, listing report or certification, or any additional listing included in the evaluation report, listing report or certification, whether one or more, since granting of said first additional listing.

i. ICC’s liability arising under this agreement shall in any event not exceed the amounts received by ICC-ES from applicant hereunder. In no event shall ICC be liable under this agreement or for breach hereof for any indirect, special, incidental or consequential damages of any kind, including without limitation lost profits or loss of business, even if such party has been advised of the possibility of such damages and notwithstanding the failure of the essential purpose of any limited remedy. Applicant acknowledges that fees agreed upon by licensor and accrue are based in part upon these limitations, and that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy.

ESL Rules of Procedure

ESR Rules of Procedure

CodeMark Australia Rules of Procedure

For Private Label Reports Only

• In consideration of the processing of this application, the private label applicant agrees to abide by all conditions attached to the master report or renewal thereof issued pursuant to this application, or any later amendment of said master report or renewal, and the applicable ICC-ES Rules of Procedure as they now exist and as they may be reasonably modified in the future. Private label applicant acknowledges reviewing the applicable Rules of Procedure.
• Private label applicant understands that any approval of this application will be automatically vacated upon any expiration or revocation of said master evaluation report. Private label applicant also agrees and understands that the holder of the above-referenced master evaluation report may at any time withdraw any rights of private label applicant which may result from this application; ICC Evaluation Service, LLC, however, is to have a reasonable period of time within which to cancel the private label report. Private label applicant also agrees that any rights resulting from this application may be revoked by ICC Evaluation Service, LLC, separate and apart from any revocation of the above-referenced master evaluation report for any reason considered valid by ICC Evaluation Service, LLC, even if such reason is not a ground for revocation of the master evaluation report itself. Private label applicant also agrees to be responsible for paying any cost associated with revision to the private label report.
• Both parties agree that the master report and the private label report are inextricably linked and that any relevant information in the master report, whether from initial issuance or subsequent revision, must be included in the private label report. Master report holder and private label applicant agree that any inquiry concerning the private label applicant’s file will be assumed to be an inquiry concerning the master report holder’s file, as determined by the ICC-ES president or his designated staff member. Master report holder and private label applicant also agree that, in case of differences between themselves over the proper content of the private label report, the two shall provide the details of their differences to ICC-ES, and ICC-ES shall have ultimate decision-making authority as to the content of the private label report.
  
  The undersigned, “holder” of the master evaluation report, consents to the above-requested action on the terms and conditions above set forth. (Holder of the report signing below must be a corporate officer, a partner, or sole proprietor.)