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This is a question best asked of your certification body as they will have some better insight into what they can and cannot accept for their own internal rules, however, generally these clauses are not possible to exclude from the QMS. Unless your QMS scope is design only, and you never will build anything, the certification body will need to have something to audit if build and test is part of your scope.
I do understand that you are not yet using these processes as you are still in the design phase, but I believe the certification body will expect you to at least have the plans in place on what will be done for these clauses for your initial build, including having the procedures (clause 8.7 procedure is mandatory) and have identified the format of the required records for these processes. You may not have used them yet, so you will not have records created yet, but having them in their initial stages will be needed.
Of course, it will be understood that these processes are expected to be updated and improved as you begin to use them, but having them in place will be necessary to include build and test in your QMS scope.
You can learn a bit more from this related ISO 9001 article: Understanding product & service provision in ISO 9001, http://advisera.com/9001academy/blog/2014/10/07/understanding-product-service-provision-iso-9001/