Quality Mark Statutes

Quality Mark Statutes

§ 1 Name and registered office

(1) The Association is a quality assurance association within the meaning of the RAL Principles for Quality Marks as amended and following registration in the Königswinter Register of Associations bears the name "Gütegemeinschaft Herstellung und Instandhaltung von Abwasserleitungen und -kanälen e.V. - Güteschutz Kanalbau".

 

(2) The registered office of the Gütegemeinschaft is in Bad Honnef.

§ 2 Purpose

The purpose of the Gütegemeinschaft is

  1. to assure the quality of the assembly and maintenance of drains and sewers;
  2. to identify those services the quality of which is assured with the Sewer Construction Quality Mark.

 

§ 3 Membership

Membership of the Gütegemeinschaft may be acquired by:

 

(1) any business that assembles or maintains drains and sewers and carries on this activity as its own service (membership group 1);

 

(2) institutions and persons who represent economic and commercial entities if the Association recognises that they have a legitimate interest in the quality assurance (membership group 2);

 

(3) sponsoring companies, institutions and persons who cannot be included in either group 1 or group 2 and do not have the right to vote in the Members' Meeting (membership group 3).

 

§ 4 Representation

The Executive Board within the meaning of sec. 26 of the German Civil Code (BGB) is the Chairman and the Deputy Chairman. Each has power of sole representation.

 

§ 5 Establishment and design of the quality mark

(1) The Gütegemeinschaft is the sponsor of the following quality mark:  


(2) The quality mark conforms to the Principles for Quality Marks as amended.

(3) The quality mark is registered as a collective trade mark with the German Patent and Trade Mark Office under mark roll no. 1158558.

§ 6 Entitled holders and conditions of use

(1) The Sewer Construction Quality Mark may be used by any business that performs the assembly and maintenance of drains and sewers as its own service and has been awarded the quality mark.

 

(2) The quality mark may only be awarded if the Quality Committee has verified the requirements in accordance with the Quality and Test Specifications and the Implementing Regulations. The Executive Board must certificate the award. The award may not be made dependent on obligations other than those intended to ensure compliance with these Quality Mark Statutes, the Quality and Test Specifications and the Implementing Regulations.

 

(3) Users of the quality mark may only use the quality mark for the quality assured services.

 

§ 7 Rights and obligations of the stakeholders

(1) The "Gütegemeinschaft Herstellung und Instandhaltung von Abwasserleitungen und -kanälen e.V. - Güteschutz Kanalbau" as sponsor of the mark accrues the rights arising from the fact that the mark is recognised as a quality mark by RAL and registered with the German Patent and Trade Mark Office and claims brought on account of unlawful use of the quality mark.

 

(2) The Gütegemeinschaft has a duty

 

  1. to monitor users of the quality mark in order to ensure that they comply with the Quality Mark Statutes and Implementing Regulations;
  2. to take action if use of the quality mark is interfered with or impaired;
  3. to take steps if the quality mark is misused;
  4. to cancel the quality mark registered as a collective mark with the German Patent and Trade Mark Office if it is deleted from the RAL list of quality marks and thereafter to cease the use thereof. This obligation also extends to any foreign registration of the quality mark (IR mark or GM mark).

 

(3) Users of the quality mark have a duty

 

  1. to comply with the Quality Mark Statutes, the Quality and Test Specifications and the Implementing Regulations;
  2. to inform the Gütegemeinschaft if they become aware that the quality mark is being misused;
  3. to assist in furthering the purposes of the Gütegemeinschaft;
  4. to pay punctually the contributions and charges assessed by the Gütegemeinschaft.

 

(4) Users of the quality mark are responsible for the quality of their own services. Any liability of the Gütegemeinschaft, its institutions or agents is excluded.

§ 8 Amendments

Amendments shall require the prior written consent of RAL. They will be put into force by the Executive Board of the Gütegemeinschaft after a reasonable period of time from notification of the users of the quality mark.