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WaterMark Product Certification Application Form

By the act of completing and submitting this Application Form to IAPMO Oceana, the Licence Holder is undertaking to adhere to and comply with the WaterMark “Governance Rules”. Please read these Rules and the Terms and Conditions in this Application Form before you sign this form.

|Licence Holder Details |

|Details of registered company / legal|Company Name |

|entity applying for certification |      |

| | |

| |ABN (Australian Company Only) |Relationship to Manufacturer, where different |

| |      | |

| |Street |

| |      |

| |Suburb |City |

| |      |      |

| |State |Country |Postcode |

| |      |      |      |

|Contact Details |Name |Company Position/Title of the applicant |

|Must be affiliated with Licence |      |      |

|Holder. | | |

| |Phone No. |Fax No. |

| |      |      |

| |E-mail address |

| |      |

|MAILING ADDRESS |Street |

|For correspondence relating to this |      |

|WaterMark application. | |

| | |

|AS ABOVE | |

| |Suburb |City |

| |      |      |

| |State |Country |Postcode |

| |      |      |      |

|INVOICING DETAILS |Name |Company Position/Title of the applicant |

|For correspondence relating to |      |      |

|invoicing. | | |

|(Required) | | |

| | | |

|AS ABOVE | | |

| |Street |

| |      |

| |Suburb |City |

| |      |      |

| |State |Country |Postcode |

| |      |      |      |

| |Phone No. |E-mail address |

| |      |      |

|Nominated Application Contact Note: Where not the Licence Holder or Manufacturer |

|Individual representing the licence |Company Name |Contact Name |

|holder and being the prime contact |      |      |

|for matters pertaining to this | | |

|application. | | |

|AS ABOVE | | |

| |Phone No. |E-mail address |

| |      |      |

|Manufacturer Details - Site Address |

|Details of the manufacturer (company |Company Name |

|/ legal entity) requiring WaterMark |      |

|certification (if different from | |

|above) | |

| | |

|Complete ONLY if the Licence Holder | |

|is NOT the Manufacturer | |

| | |

| | |

| |ABN (Australian Company Only) |

| |      |

| |Street |

| |      |

| |Suburb |City |

| |      |      |

| |State |Country |Postcode |

| |      |      |      |

|Contact Details |Contact Name |Company Position/Title of the manufacturer’s representative |

|Must be affiliated with Manufacturer |      |      |

|AS PER LICENCE HOLDER DETAILS (Item | | |

|1) | | |

| |Phone No. |E-mail address |

| |      |      |

|Is this plant ISO 9000 certified | YES (If yes, name of Certification Body) NO |

| |      |

|3a. Manufacturer Details - Site Address – Where there is more than 1 manufacturer site |

|Details of the manufacturer (company |Company Name |

|/ legal entity) requiring WaterMark |      |

|certification (if different from | |

|above) | |

| | |

|Complete ONLY if the Licence Holder | |

|is NOT the Manufacturer | |

| | |

| | |

| |ABN (Australian Company Only) |

| |      |

| |Street |

| |      |

| |Suburb |City |

| |      |     |

| |State |Country |Postcode |

| |      |      |      |

|Contact Details |Contact Name |Company Position/Title of the manufacturer’s representative |

|Must be affiliated with Manufacturer |      |      |

|AS PER LICENCE HOLDER DETAILS (Item | | |

|1) | | |

| |Phone No. |E-mail address |

| |      |      |

|Is this plant ISO 9000 certified | YES (If yes, name of Certification Body) NO |

| |      |

|3b. Manufacturer Details - Site Address - Where there is more than 1 manufacturer site |

|Details of the manufacturer (company |Company Name |

|/ legal entity) requiring WaterMark |      |

|certification (if different from | |

|above) | |

| | |

|Complete ONLY if the Licence Holder | |

|is NOT the Manufacturer | |

| |ABN (Australian Company Only) |

| |      |

| |Street |

| |      |

| |Suburb |City |

| |      |      |

| |State |Country |Postcode |

| |      |      |      |

|Contact Details |Contact Name |Company Position/Title of the manufacturer’s representative |

|Must be affiliated with Manufacturer |      |      |

|AS PER LICENCE HOLDER DETAILS (Item | | |

|1) | | |

| |Phone No. |E-mail address |

| |      |      |

|Is this plant ISO 9000 certified | YES (If yes, name of Certification Body) NO |

| |      |

|Manufacturing Process Undertaken at a Different Site Location Including the |

|Sub-Contracting/Outsourcing of any Critical Product Component/s |

|(if insufficient room attach further details) |

|Manufacturer / Process |      |

|Manufacturing site location |Street |

| |      |

| |Suburb |City |

| |      |      |

| |State |Country |Postcode |

| |      |      |      |

|Inspection Preferences for years 2, 3 & 4 of Certification |

|(this section is only applicable for renewals) |

| Manufacturing Site Inspection (Mandatory for years 1 and 5 of 5 year Single Level Scheme certification cycle) |

|Product Inspection – Australia |

|Nominated Australia location where product samples to be inspected:       |

|Product Inspection – International |

|Nominated International location where product samples to be inspected:       |

|Note: In years 2, 3 & 4 of the WaterMark Certification period, the WaterMark Scheme allows for the opportunity to complete annual surveillance by way of a |

|product inspection. A product inspection involves the review at least one representative product from each design family referenced on the product listing for |

|the certification. A product inspection can be completed at the manufacturer or at a separate location (international or local within Australia). Alternatively,|

|it is possible to continue with a manufacturing site inspection. |

| WaterMark Certification Details |

|Product Description |      |

|Standard / Specification for which WaterMark certification is sought (If known) |      |

|Note: Existing Type test reports will only be considered for WaterMark certification purposes if they are less than 2 years old; have been undertaken by an |

|independent testing laboratory that is either NATA accredited; accredited by an International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition |

|Arrangement (MRA);. Substantiated evidence must also be provided to verify that the product that underwent testing is identical in all respects to the current |

|production design of the model/s requiring certification. |

| Transfer of current WaterMark Certification to IAPMO Oceana YES NO |

|If transferring a current licence from another JAS-ANZ|Name of current CAB       |Licence No.       |

|accredited Conformity Assessment Body (CAB) | | |

| |Date of Licence issue       |Date of Licence expiry       |

|Do you wish to continue to use your existing WaterMark Licence Number from your current JAS-ANZ accredited Conformity Assessment Body? YES NO |

|Note: Please provide details of products currently certified together with original or certified copies of laboratory Type Test reports, product markings, |

|installation/maintenance instructions (where applicable) and any other product related technical information, with this application form. A copy of the last |

|factory audit report undertaken by the JAS-ANZ accredited Conformity Assessment Body (CAB) is to be submitted together with a corrective action plan to address |

|any issues identified. |

| Fees and Payment |

|An application fee invoice if applicable will be sent to the invoicing contact as specified on page 1. |

|The certification process will not commence until the application fee has been paid |

| Cheque |Please make cheques payable to IAPMO R&T Oceana Pty Ltd |

| Credit Card | Visa card MasterCard |Authorised Amount: AUD$       |

| |Card No: |Expiry Date:       |

| |      | |

| |Card Holder’s Name (please print) |Signature: |

| |      | |

| |Amount Deposited: AUD$       |

|Electronic Banking | |

|Payment |Bank Address Bendigo Bank Limited, 900 Doncaster Road, DONCASTER EAST, VIC 3109 AUSTRALIA |

| |Account Name IAPMO R&T Oceana Pty Ltd |

| |BSB Number 633-000 Account Number 129 078 994 Swift Code BENDAU3B |

| |If payment is being made by electronic transfer, please ensure the Remittance Advice includes details of payment ie. Company Name; |

| |Invoice Number |

|Terms and Conditions |

|1. The signatory warrants the information contained in the application is true and correct and they are authorised to sign this application on behalf of the |

|applicant. |

|2. The signatory affirms that they are authorised by applicant to apply for IAPMO Oceana Pty Ltd ‘WaterMark’ certification. |

|3. Where the applicant is not the manufacturer, the manufacturer is required to provide written correspondence of acceptance acknowledging the applicant’s |

|intent seeking certification of their product(s). |

|4. The applicant agrees to abide by the Australian Building Codes Board (ABCB) 'WaterMark' licensing rules, including the regulatory 'Marking' requirements |

|as prescribed in 'Plumbing Code of Australia' and “Manual for WaterMark Certification Scheme". |

|5. The applicant acknowledges that they have read and agrees to abide by the following IAPMO Oceana contractual documents. |

|a. Fee Schedule. Detailed certification services quote available upon request, if not already provided, |

|b. WaterMark “Governance Rules” – Scheme document POL-100. |

|6. The applicant agrees that: |

|a. When IAPMO Oceana accepts this application in writing; or |

|b. If the application is not accepted in writing, when IAPMO Oceana starts to supply Certification or Assessment Services to the applicant; there is a |

|contract for the supply of certification and/or Assessment Services upon the terms set out in the documents listed in clause 5 above. |

|7. The applicant accepts the certification is not a guarantee of product safety; furthermore, the certification is based on a ‘Type Test’ regime of specific |

|sample(s) provided by the applicant and assessed by IAPMO Oceana Pty Ltd to establish the product complies with the requirements of the relevant product |

|Standards. |

|8. This application is valid for a period of 12 months from the aforementioned application date, after which the application may be terminated by IAPMO |

|Oceana Pty Ltd if there has been no active progress. |

|9. The application and certification fees are non-refundable. |

|10. Where additional time is required for the inspection visit of a manufacturing site; or an additional inspection visit is required to verify the |

|implementation of corrective actions resulting from “Action Items” raised at the Pre-WaterMark Inspection or Continuous Compliance Inspection visit; IAPMO |

|Oceana may invoice the applicant/license holder for inspection time, accommodation, meals and any other expenses related to the undertaking the additional |

|inspection visit. There may also be charges invoiced should the Client cancel an organised inspection. |

|11. IAPMO Oceana may from time to time utilize the services of IAPMO R&T Inspectors or IAPMO Oceana sub-contractors for providing certification service |

|activities. |

CONFIDENTIALITY

|Note: The following signatory must be a duly authorised representative and from the organisation named as the ‘Licence Holder’ |

|Signature of applicant |      |      |

| |Full Name of signatory (Please print) |Position |

|      |      |

|Company Name |Date |

|Please return completed and SIGNED application form |info@ |OR |7-11 Fullard Road |

|together with supporting product documentation to: | | |Narre Warren VIC 3805 |

| | | |AUSTRALIA |

IAPMO Oceana respects its client’s privacy in processing your application. The personal information we collect relating to you and your organization is for the purpose of providing a high level of customer service in obtaining your WaterMark Certification. The collected information shall be kept confidential other than that information which you have consented to be released; information which is in the public domain or disclosed by IAPMO Oceana if the disclosure is necessary to comply with the law or to maintain the integrity or validity of the WaterMark; or IAPMO Oceana’s status as an Approved Certifier; or disclosed to Australian Building Codes of Australia and such information may be used or disclosed by Australian Building Codes of Australia if the disclosure is necessary to comply with the law or to maintain the integrity, validity or Australian Building Codes of Australia ownership of the WaterMark.

ADDENDUM 1

|APPROVED USER AGREEMENT |

|FOR THE WATERMARK CERTIFICATION SCHEME |

PARTIES

Name IAPMO R&T OCEANA PTY LTD

Short form name Approved Certifier

ABN: 78 121 986169

Notice details Address: 7-11 Fullard Road, NARRE WARREN VIC 3805 (Aust.)

Email: paul.bonsak@

Attention: Paul Bonsak

AND

Name      

Short form name Approved User

ABN/ARBN:       (Australian Company’s only)

Notice details Address:      

Email:      

Attention:      

BACKGROUND

A. The Commonwealth of Australia, acting on behalf of the Commonwealth of Australia, the State of New South Wales, State of Queensland, State of Victoria, State of South Australia, State of Tasmania, State of Western Australia, the Australian Capital Territory and the Northern Territory (“Scheme Owner”) is the owner of the WaterMark certification trade marks and has granted the Approved Certifier the right to grant licences for the use of the WaterMark.

B. The Approved User wishes to be able to use the WaterMark on certain water supply, sewerage, plumbing or draining products.

C. The Approved Certifier agrees to grant the Approved User a licence to use the WaterMark in accordance with the terms of this agreement.

AGREED TERMS

2. DEFINED TERMS

In this agreement (including its attachments):

Applicable Specifications means those documents (including standards, industry schemes and codes) that contain specifications and requirements for Plumbing Products that the Scheme Owner allows certified compliance with, which are to be signified by use of the WaterMark. These include the Plumbing Code of Australia, Manual for the WaterMark Certification Scheme (which contain the Procedures for Certification of Plumbing and Drainage Products, Protocol for Developing Product Specifications and the Protocol for the Assessment of Risks of Plumbing Products) and product specifications listed on the WaterMark Schedule of Products.

Commencement Date means the date of execution of this agreement by the parties.

Plumbing Products means the water supply, sewerage, plumbing or drainage products that the Approved User may apply the WaterMarks on, as set out in Attachment 1.

Related Body Corporate has the meaning given to it by sections 9 and 50 of the Corporations Act 2001 (Cth).

Rules means each or all of the rules lodged with the Registrar of Trade Marks for each or all of the WaterMarks, as the context may be.

Term means the term of the agreement as set out in clause 3.

2. GRANT OF LICENCE

1. Licence

The Approved Certifier grants the Approved User a non-transferable, non-exclusive licence to use the WaterMark (as set out in Attachment 1) as a certification trade mark in Australia for the Term in connection with the Plumbing Products on the terms and conditions set out in this agreement and any other terms and conditions that may be stipulated by the Approved Certifier, provided they are not inconsistent with the terms and conditions set out in this agreement.

2. The Scheme Owner remains the owner

a) The Approved User acknowledges and agrees that the Scheme Owner is the owner of all rights, title and interest in the WaterMarks and the associated goodwill.

b) The Scheme Owner will have the sole right to institute any infringement proceedings in respect of the WaterMarks.

3. Protection of WaterMarks

The Approved User must not at any time during or after the Term:

c) register or attempt to register or use as a trade mark any of the WaterMarks or any device or word substantially identical with or deceptively or confusingly similar to any of the WaterMarks; or

d) oppose or contest the validity of any application for registration or registration of the WaterMarks by the Scheme Owner or any of its Related Bodies Corporate.

3. TERM

a) This agreement will start on the Commencement Date and continue for a period of one (1) year unless terminated or extended in accordance with its terms (Initial Term).

b) Unless a party terminates this agreement by giving at least 30 days written notice prior to the expiration of the Initial Term or any anniversary of that date, this agreement will automatically continue for further periods of 12 months commencing on the expiration of the Initial Term or each anniversary of that date.

4. APPROVED USER'S OBLIGATIONS

1. Compliance with Rules

The Approved User must comply with:

c) the terms of this agreement;

d) the Rules as they relate to an Approved User or the use of the WaterMarks (including ensuring that Plumbing Products comply with Applicable Specifications and compliance with the dispute settlement procedures set out in the Rules); and

e) any instructions, requirements, directions and specifications of the Scheme Owneror the Approved Certifier from time to time with respect to the use of the WaterMarks.

2. Conditions of use

The Approved User must:

a) only apply the WaterMark on Plumbing Products that comply with Applicable Specifications;

b) not apply the WaterMark in a way that might be misleading or deceptive;

c) if requested by the Approved Certifier or the Scheme Owner, promptly submit for inspection samples of the Plumbing Products and materials on which it has applied the WaterMark;

d) keep and maintain accurate records and documents to show that it is complying with its obligations under this agreement;

e) if requested by the Approved Certifier or the Scheme Owner, promptly grant them access to its premises and/or records and documents (including copies of the records and documents) to see if it is complying with its obligations in relation to the use of the WaterMarks;

f) provide all assistance and information as may be required by the Approved Certifier or the Scheme Owner in relation to the WaterMarks; and

g) make a declaration that the Plumbing Products comply with the relevant Applicable Specifications.

5. FEES AND PAYMENT TERMS

The Approved User must pay the Approved Certifier the fees in accordance with the payment terms, as set out in Attachment 2.

6. TERMINATION

a) This agreement automatically terminates when the agreement between the Scheme Owner and the Approved Certifier is terminated for any reason.

b) The Approved User may terminate this agreement by giving the Approved Certifier 30 days' written notice of its intention to do so.

c) The Approved Certifier may terminate this agreement immediately by giving notice to the Approved User if the Approved User breaches any of the provisions of this agreement and if the breach is capable of remedy, fails to remedy the breach within 15 days after receiving notice from the Approved Certifier requiring it to do so.

7. CONSEQUENCES OF TERMINATION

a) The Approved User must stop using the WaterMark on any Plumbing Products and stop representing itself as having any licence to use the WaterMark immediately once this agreement is terminated.

b) In the event that this agreement is terminated under clause 6(a), the Approved Certifier must repay the Approved User any unused portion of the fees paid by the Approved User under clause 5.

8. GOVERNING LAW AND JURISDICTION

This agreement is governed by the laws of the Australian Capital Territory and the parties:

a) submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and courts of appeal from them; and

b) will not object to the exercise of jurisdiction by those courts on any basis.

EXECUTED as an agreement on …dd/mm/yyyy… (date).

By a duly authorised officer of the Approved Certifier (IAPMO R&T Oceana Pty Ltd)

in the presence of

| | | |

|Signature of director | |Signature of director/company secretary |

| | |(Please delete as applicable) |

| | | |

|Name of director (print) | |Name of director/company secretary (print) |

By a duly authorised officer of

the Approved User

in the presence of

| | | |

|Signature of director | |Signature of director/company secretary |

| | |(Please delete as applicable) |

| | | |

|Name of director (print) | |Name of director/company secretary (print) |

Attachment 1 - WaterMark’s licensed to the Approved User

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The following Watermark’s are licensed to the Approved User:

1:

[pic]

2:

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Attachment 2 - Fees and payment terms

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• As per written WaterMark quotation (available upon request)

• Australian Building Codes Board (ABCB) annual WaterMark fee : AUD$500 excluding GST

(Note: Collected by IAPMO Oceana on behalf of the ABCB and paid annually)

• The certification process will not commence until the application fee has been paid

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