Unbranded TOY-CYEL-149 MDF Wooden Dreamy Classic Dollhouse, Great Gift for Kids Instructions

Test Report -

Products

Report No.:

244319889b 001

Page 1 of 14

Client:

Contact Information:

ROBOTIME C&C (JIANGSU) CO., LTD.

No.18 Changxing Road, Shuyang, Suqian City

Test item(s):

Toy

Identification/

Model No(s):

Wooden doll house

WG149, WG150, WG151, WG152, WG153, WG154, WG155

Sampleobtaining method:

Sending by customer

Condition at delivery:

Test item complete and undamaged.

Sample Receiving date:

Testing Period:

Place of testing:

2021-03-24

2021 03-24 to 2021-04-07

Chemical laboratory Shanghai,Toys laboratory Shanghai

Test Specification:

Please refer to "Test Result Summary List" on page 2 for details

Other information:

Country of Origin: China

Packaging provided: Artwork

The provided age grade of the item: Not provided.

The appropriate age grade of the item: Over 36 months.

The item was tested over 36 months.

^As per client's request, selected items were tested

For and on behalf of

TÜV Rheinland (Shanghai) Co., Ltd.

2021-04-08

Date

Wice Wang / General Manager

Name/Position

Sample information is provided by customer. Test result is drawn according to the kind and extent of tests performed.

This test report relates to the above mentioned test sample. Without permission of the test center this test report is not permitted to be duplicated in extracts. This test report does not entitle to carry any safety mark on this or similar products.

'Decision Rule" document announced in our website (https://www.tuv.com/landingpage/en/qm-gcn/) describes the statement of conformity and its rule of enforcement for test results are applicable throughout this test report.

TÜV Rheinland (Shanghai) Co., Ltd., Shanghai TÜV Rheinland Building, No. 177 , Lane 777, West Guangzhong Road, Jing'an District, Shanghai, 200072, P.R.China

Tel +86 21 6108 1188 · Fax +86 21 6108 1099 · Mail: [email protected] · Web: www.tuv.com

Products

Test Report No.: 244319889b 001

Test Result Summary :

Test Specification:

1 ASTM F963-17: Mechanical and physical

2 ASTM F963-17: Flammability on solids and soft toys

3 CPSIA Sect 103: Tracking label

4 ASTM F963-17 Sect. 4.3.5.1 and 4.3.5.2 : Solubleheavy metal^

5 ASTM F963-17 Sect. 4.3.5.1 and CPSIA Sect. 101: Total lead content in paint and coating materials^

6 ASTM F963-17 Sect. 4.3.5.2 and CPSIA Sect. 101: Total lead content in substrate materials^

7 CPSIA Section 108 as amended by 16 CFR 1307: Phthalates

Page 2 of 14

Test result:

PASS

PASS

PASS

Please refer to result page

PASS

PASS

PASS

TÜV Rheinland (Shanghai) Co., Ltd., Shanghai TÜV Rheinland Building, No. 177 , Lane 777, West Guangzhong Road, Jing'an District,

Shanghai, 200072, P.R.China

Tel +86 21 6108 1188 · Fax +86 21 6108 1099 · Mail: [email protected] · Web: www. tuv.com

Products

Test Report No.: 244319889b 001 Page 3 of 14

Material List:

Item:

Wooden doll house

WDH01, WDH02, WDH03, WDH04, WG149, WG150, WG151, WG152, WG153, WG154,

WG155, WG324, WRP01

Material No.

M001

M002

M003

M004

M005

M006

M007

M008

M009

Material

Whole Product

Paper + printing + adhesive

Coating

Coating

Coating

Coating

Plastic

Plastic

Wood

Color

Multicolor

Multicolor

White

Pink

Fuchsia

Dark Pink

Pink

White

Nature

Location

WG154

Main design

Mainbody

Furniture

Furniture

Furniture

Stairs

Holder

Mainbody




Products


1.

ASTM F963-17: Mechanical and physical

Test result:

4. Safety requirements

4.1 Material Quality (visual check)

4.7 Accessible edges

4.9 Accessible points

4.11 Nails and fasteners

4.15 Stability and over-load requirements

5. Labeling requirements

5.8 Toys intended to be assembled by an adult

5.16 Promotional materials

6. Instructional literature

6.1 Definition and description

6.4 Toys intended to be assembled by an adult

7. Producer's markings

7.1 Name and address of the producer or the distributor

Test No:

Material No:

T001

M001

PASS

PASS

PASS

PASS

PASS

PASS

PASS

PASS

PASS

PASS

Use and Abuse Tests:

The submitted samples were undergone the use and abuse tests in accordance with FHSA 16 CFR and whichever is applicable the tested age grade.

Age Category Impact Test

0-18 Months

16 CFR 1500.51

19-36 Months

16 CFR 1500.52

37-96 Months

16 CFR 1500.53

10 x 4.5 ft

4 x 3 ft

4 x 3 ft

Flexure Test Torque Test Tension Test Compression

Test

120 Arc

30 Cycles

10 lbs

2 in-lbs 10 lbs 20 lbs

120 Arc

30 Cycles

15 lbs


120 Arc

30 Cycles

15 lbs


The clause and/or sub-clause would be indicated only in the test report whichever applicable. The comprehensive result report is available upon request.




Products

Test Report No.: 244319889b 001

2.

ASTM F963-17: Flammability on solids and soft toys

Test result:

Test No:

Material No:

4.2 Flammability on solids and soft toys

The burning rate of the most severe part = DNI

Note: Maximum permissible burning rate = 0.1 Inch/sec.

Abbreviation:

DNI = Did Not Ignite / IBE = Ignite But Self-extinguish

T001

M001

PASS

Page 5 of 14




Products


3.

CPSIA Sect 103: Tracking label

Test Result:

Present On Packaging

Present On Product

*

Remark:

**

Test No:

Material No:

T001

M001

PASS

PASS

If there is a tracking label on the product which is visible through disposable packaging, the packaging need not be marked.

The correct adherence to all requirements according to CPSIA Tracking label in regards to the marking of:

(1) Manufacturer or private labeler name;

(2) Location and date of production of the product;

(3) Detailed information on the manufacturing process, such as a batch or run number, or other identifying characteristics; and,

(4) Any other information to facilitate ascertaining the specific source of the product; can only be confirmed by the manufacturer/trader/applicant. The presence of related information was assessed; however, they cannot be verified in the frame of this test.




Products


4.

ASTM F963-17 Sect. 4.3.5.1 and 4.3.5.2 : Soluble heavy metal

Test method: For paint and similar surface-coating materials: ASTM F963-17 Section 8.3.2 - 8.3.4

Method to Dissolve Soluble Matter for Surface Coatings, Preparation of Test Samples and Test Procedures

For substrate: ASTM F963-17 Section 8.3.5 Soluble Element Test Method for Substrate

Materials

This requirement applies to the coating and substrate materials which the sample weight is greater than 10 mg

Test result:

Test

No.

Material

No.

T001 M002(*1) < RL

T002 M003

T003 M004

< RL

< RL

T004 M005(*1) < RL

T005 M006(*1) < RL

T006 M007

T007 M008

< RL

< RL

T008 M009(*1) < RL

Sb As Ba Cd Cr Pb Hg Se

Maximum Permissible Limit of Any Toy Materials except Modelling Clay

60

60

25

25

1000

Maximum Permissible Limit of Modelling Clay

250

75

50

[mg/kg]

60

25

90

90

60

25

500

500

RL

2.5

2.5

2.5

2.5

2.5

2.5

2.5

2.5

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

7.1

< RL

< RL

30.5

3.7

< RL

< RL

3.8

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

< RL

Abbreviation: < = less than

RL = Reporting Limit mg/kg = milligram per kilogram

Conclusion

PASS

PASS

PASS

PASS

PASS

PASS

PASS

PASS

Remark:

*1 The material is deemed comply with the requirement of ASTM F963-17 cl. 8.3.4.3 after analytical correction.

* Migration results of eight elements shown are the adjusted analytical results

Element

Analytical Correction

(in %)

Sb

60

As

60

Ba

30

Cd

30

Cr

30

Pb

30

Hg

50

Se

60




Products


5.

ASTM F963-17 Sect. 4.3.5.1 and CPSIA Sect. 101: Total lead content in paint and coating materials

Test method: CPSC-CH-E1003-09.1 (Microwave method)

Test result:

Test No. Material No.

T001

T002

M003

M004 +

M005 +

M006

Test Parameter

Lead Content

Lead Content

Unit ppm ppm

RL

10

10

Regulatory

Requirement

90

90

Test Result

< RL

< RL


RL = Reporting Limit ppm = parts per million




Products


6.

ASTM F963-17 Sect. 4.3.5.2 and CPSIA Sect. 101: Total lead content in substrate materials

Test method: CPSC-CH-E1001-08.3 and CPSC-CH-E1002-08.3 (Microwave method)

Test result:

Test No. Material No.

Test Parameter Unit RL

Regulatory

Requirement

Test Result

T001

T002

M002

M007 +

M008

M009

Lead Content

Lead Content

T003 Lead Content


RL = Reporting Limit ppm = parts per million ppm ppm ppm

10

10

10

100

100

100

< RL

< RL

< RL




Products

Test Report No.: 244319889b 001

7.

Phthalates content

Test Method: Ref. to CPSC-CH-C1001-09.4

Test Result:

Test No.

Material No.

T001

M002

Test Parameter

Diethylhexyl phthalate (DEHP)

Dibutyl phthalate (DBP)

Benzylbutyl phthalate (BBP)

CAS NO

117-81-7

84-74-2

85-68-7

Unit RL

% 0.005

% 0.005

% 0.005

Diisobutyl phthalate (DIBP) ^

Sum (DEHP+DBP+BBP+DIBP)

Diisononyl phthalate (DINP)

Diisodecyl phthalate (DIDP)

Di-n-octyl phthalate (DNOP)

Sum (DINP+ DIDP+ DNOP)

84-69-5

-

28553-12-0,

68515-48-0

26761-40-0,

68515-49-1

117-84-0

--

%

%

%

%

%

%

Conclusion: REACH regulation (EC) No. 1907/2006 and its amendment regulations on Annex XVII entries 51 and 52

0.005

0.005

0.005

0.005

0.005

0.005

Result

< RL

< RL

< RL

< RL

<RL

< RL

< RL

< RL

<RL

Pass

Test Parameter




Diisobutyl phthalate (DIBP) ^

Sum (DEHP+DBP+BBP+DIBP)



CAS NO

117-81-7

84-74-2

85-68-7

84-69-5

-

28553-12-0,

68515-48-0

26761-40-0,

68515-49-1

117-84-0

Test No.

T004

Material No.

M007 +

Unit

%

RL

0.005

M008

Result

< RL

% 0.005

< RL

%

%

%

%

%

0.005

0.005

0.005

0.005

0.005

Di-n-octyl phthalate (DNOP) % 0.005

Sum (DINP+ DIDP+ DNOP) -% 0.005

Conclusion: REACH regulation (EC) No. 1907/2006 and its amendment regulations on Annex XVII entries 51 and 52

< RL

< RL

<RL

< RL

< RL

< RL

<RL

Pass

Abbreviation:

< = less than

RL = Reporting Limit

% = percentage

Page 10 of 14

T002

M003

Result

< RL

< RL

< RL

< RL

<RL

< RL

< RL

< RL

<RL

Pass

T003

M004 +

M005 +

M006

Result

< RL

< RL

< RL

< RL

<RL

< RL

< RL

< RL

<RL

Pass




Products


-

Remark:

Requirement of REACH regulation (EC) No. 1907/2006 and its amendment Annex XVII entries 51 and

52:

Parameter Unit Maximum Permissible Limit

Plasticised materials in toys and childcare articles, or other articles# place on the market;




Diisobutyl phthalate (DIBP)

% 0.1

(individually or sum of the four phthalates)

Effective after 7 July 2020.

Plasticised materials in children's toy and childcare articles which can be placed in the mouth by children:

Di-n-octyl phthalate (DNOP)



% 0.1

(sum of the three phthalates)

Denote:

# Examples of articles that are excluded from the restriction

1) Articles exclusively for industrial / agricultural use / use in open air, provided that no plasticised material comes into contact with human mucous membranes or into prolonged contact with human skin (i.e. Continuous contact of more than 10 minutes duration or intermittent contact over a period of

30 minutes, per day.)

2) Aircraft and motor vehicles (Directive 2007/46/EC) placed on the market before 7 January 2024, or articles for use exclusively in the maintenance or repair of them

3) Measuring devices for laboratory use;

4) Food contact material and articles within the scope of Regulation (EC) No 1935/2004 or Commission

Regulation (EU) No 10/2011

5) Medical devices (Directive 90/385/EEC, 93/42/EEC or 98/79/EC)

6) Electrical and electronic equipment within the scope of Directive 2011/65/EU

-

7) Immediate packaging of medicinal products (Regulation (EC) No 726/2004, Directive 2001/82/EC or

Directive 2001/83/EC)

Single component with an amount below reporting limit was not considered by the calculation of the sum. In the case of all phthalates were not detected, the result is stated <RL.

^ This phthalate parameter is not covered by CNAS accreditation

Testing Laboratory accredited by CNAS according to ISO/IEC 17025. The accreditation is valid for the test methods stated in the certificate.




Products

Test Report No.: 244319889b 001

Sample Photos

WG154

Page 12 of 14

WG149




Products

Test Report No.: 244319889b 001

Sample Photos

WG150 WG151

Page 13 of 14

WG152 WG153

WG155




Products

Test Report No.: 244319889b 001

Sample Photo

- END -

Page 14 of 14




General Terms and Conditions of Business of TÜV Rheinland in Greater China

1.

Scope

1.1 These General Terms and Conditions of Business of TÜV Rheinland in Greater China

(“GTCB”) is made between the client and one or more member entities of TÜV Rheinland in

Greater China as applicable as the case may be (“TÜV Rheinland”). The Greater China hereof refers to Mainland China, Hong Kong and Taiwan.The client hereof includes ：

(i) a natural person capable to form legally binding contracts under the applicable laws who concludes the contract not for the purpose of a daily use;

(ii) the incorporated or unincorporated entity duly organized, validly existing and capable to form legally binding contracts under the applicable law.

1.2 The following terms and conditions apply to agreed services including consultancy services, information, deliveries and similar services as well as ancillary services and other secondary obligations provided within the scope of contract performance.

1.3 Any standard terms and conditions of the client of any nature shall not apply and shall hereby be expressly excluded. No standard contractual terms and conditions of the client shall form part of the contract even if TÜV Rheinland does not explicitly object to them.

1.4 In the context of an ongoing business relationship with the client, this GTCB shall also apply to future contracts with the client without TÜV Rheinland having to refer to them separately in each individual case.

2.

Quotations

Unless otherwise agreed, all quotations submitted by TÜV Rheinland can be changed by

TÜV Rheinland without notice prior to its acceptance and confirmation by the other party.

3.

Coming into effect and duration of contracts

3.1 The contract shall come into effect for the agreed terms upon the quotation letter of TÜV

Rheinland or a separate contractual document being signed by both contracting parties, or upon the works requested by the client being carried out by TÜV Rheinland. If the client instructs TÜV Rheinland without receiving a quotation from TÜV Rheinland (quotation),

TÜV Rheinland is, in its sole discretion, entitled to accept the order by giving written notice of such acceptance (including notice sent via electronic means) or by performing the requested services.

3.2 The contract term starts upon the coming into effect of the contract in accordance with article 3.1 and shall continue for the term agreed in thecontract.

3.3 If the contract provides for an extension of the contract term, the contract term will be extended by the term provided for in the contract unless terminated in writing by either party with a six-week notice prior to the end of the contractualterm.

8.6 Objections to the invoices of TÜV Rheinland shall be submitted in writing within two weeks of receipt of the invoice.

8.7 TÜV Rheinland shall be entitled to demand appropriate advance payments.

8.8 TÜV Rheinland shall be entitled to raise its fees at the beginning of a month if overheads and/or purchase costs have increased. In this case, TÜV Rheinland shall notify the client in writing of the rise in fees. This notification shall be issued one month prior to the date on which the rise in fees shall come into effect (period of notice of changes in fees). If the rise in fees remains under 5% per contractual year, the client shall not have the right to terminate the contract. If the rise in fees exceeds 5% per contractual year, the client shall be entitled to terminate the contract by the end of the period of notice of changes in fees. If the contract is not terminated, the changed fees shall be deemed to have been agreed upon by the time of the expiry of the notice period.

8.9 Only legally established and undisputed claims may be offset against claims by TÜV

Rheinland.

9.

Acceptance of work

9.1 Any part of the work result ordered which is complete in itself may be presented by TÜV

Rheinland for acceptance as an instalment. The client shall be obliged to accept it immediately.

9.2 If acceptance is required or contractually agreed in an individual case, this shall be deemed to have taken place two (2) weeks after completion and handover of the work, unless the client refuses acceptance within this period stating at least one fundmental breach of contract by TÜV Rheinland.

9.3 The client is not entitled to refuse acceptance due to insignificant breach of contract by TÜV

Rheinland.

9.4 If acceptance is excluded according to the nature of the work performance of TÜV

Rheinland, the completion of the work shall take its place.

9.5 If the client was unable to make use of the time windows provided for within the scope of a certification procedure for auditing/performance by TÜV Rheinland and the certificate is therefore to be withdrawn (e.g. performance of surveillance audits), TÜV Rheinland is entitled to immediately charge a lump-sum compensation of 10% of the order amount as compensation for expenses. The client reserves the right to prove that the TÜV Rheinland has incurred no damage whatsoever or only a considerably lower damage than the above lump sum.

9.6 Insofar as the client has undertaken in the contract to accept services, TÜV Rheinland shall also be entitled to charge lump-sum damages in the amount of 10% of the order amount as compensation for expenses if the service is not called within one year after the order has been placed. The client reserves the right to prove that the TÜV Rheinland has incurred no damage whatsoever or only a considerably lower damage than the above mentioned lump sum.

4.

5.

Scope of services

4.1 The scope and type of the services to be provided by TÜV Rheinland shall be specified in the contractually agreed service scope of TÜV Rheinland by both parties. If no such separate service scope of TÜV Rheinland exists, then the written confirmation of order by

TÜV Rheinland shall be decisive for the service to beprovided.

4.2 The agreed services shall be performed in compliance with the regulations in force at the time the contract is entered into.

4.3 TÜV Rheinland is entitled to determine, in its sole discretion, the method and nature of the assessment unless otherwise agreed in writing or if mandatory provisions require a specific procedure to be followed.

4.4 On execution of the work there shall be no simultaneous assumption of any guarantee of the correctness (proper quality) and working order of either tested or examined parts nor of the installation as a whole and its upstream and/or downstream processes, organisations, use and application in accordance with regulations, nor of the systems on which the installation is based. In particular, TÜV Rheinland shall assume no responsibility for the construction, selection of materials and assembly of installations examined, nor for their use and application in accordance with regulations, unless these questions are expressly covered by the contract.

4.5 In the case of inspection work, TÜV Rheinland shall not be responsible for the accuracy or checking of the safety programmes or safety regulations on which the inspections are based, unless otherwise expressly agreed in writing.

4.6 If mandatory legal regulations and standards or official requirements for the agreed service scope change after conclusion of the contract, with a written notice to the client, TÜV

Rheinland shall be entitled to additional remuneration for resulting additional expenses.

4.7The services to be provided by TÜV Rheinland under the contract are agreed exclusively with the client. A contract of third parties with the services of TÜV Rheinland, as well as making available of and justifying confidence in the work results (test reports, test results, expert reports, etc.) is not part of the agreed services. This also applies if the client passes on work results - in full or in extracts - to third parties in accordance with clause 11.4.

Performance periods/dates

5.1 The contractually agreed periods/dates of performance are based on estimates of the work involved which are prepared in line with the details provided by the client. They shall only be binding if being confirmed as binding by TÜV Rheinland in writing.

5.2 If binding periods of performance have been agreed, these periods shall not commence until the client has submitted all required documents to TÜV Rheinland.

5.3 Articles 5.1 and 5.2 also apply, even without express approval by the client, to all extensions of agreed periods/dates of performance not caused by TÜV Rheinland.

5.4TÜV Rheinland is not responsible for a delay in performance, in particular if the client has not fulfilled his duties to cooperate in accordance with clause 6.1 or has not done so in time and, in particular, has not provided TÜV Rheinland with all documents and information required for the performance of the service as specified in thecontract.

5.5If the performance of TÜV Rheinland is delayed due to unforeseeable circumstances such as force majeure, strikes, business disruptions, governmental regulations, transport obstacles, etc., TÜV Rheinland is entitled to postpone performance for a reasonable period of time which corresponds at least to the duration of the hindrance plus any time period which may be required to resume performance.

10. Confidentiality

10.1For the purpose of these terms and conditions, “confidential information” means all information, documents, images, drawings, know-how, data, samples and project documentation which one party (the “disclosing party”) hands over, transfers or otherwise discloses to the other party (the “receiving party”), and the confidential information created during performance of work by TÜV Rheinland, including product testing data, defects, conformity to the technical standard and related reports. Confidential information also includes paper copies and electronic copies of such information. Confidential information is expressly not the data and know-how collected, compiled or otherwise obtained by TÜV Rheinland

(non-personal) within the scope of the provision of services by TÜV Rheinland. TÜV

Rheinland is entitled to store, use, further develop and pass on the data obtained in connection with the provision of services for the purposes of developing new services, improving services and analysing the provision of services.

10.2 The disclosing party shall mark all confidential information disclosed in written form as confidential before passing it onto the receiving party. The same applies to confidential information transmitted by e-mail. If confidential information is disclosed orally, the receiving party shall be appropriately informed in advance and the disclosing party shall confirm in writing the confidentiality nature of the information within five working days of oral disclosure.

Where the disclosing party fails to do so within the stipulated period, the receiving party shall not take any confidentiality obligations hereunder towards such information.

10.3 All confidential information which the disclosing party transmits or otherwise discloses to the receiving party and which is created during performance of work by TÜVRheinland: a) may only be used by the receiving party for the purposes of performing the contract, unless expressly otherwise agreed in writing by the disclosing party; b) may not be copied, distributed, published or otherwise disclosed by the receiving party, unless this is necessary for fulfilling the purpose of the contract or TÜV Rheinland is required to pass on confidential information, inspection reports or documentation to the government authorities, judicial court, accreditation bodies or third parties that are involved in the performance of the contract; c) must be treated by the receiving party with the same level of confidentiality as the receiving party uses to protect its own confidential information, but never with a lesser level of confidentiality than that which is reasonably required.

10.4 The receiving party may disclose any confidential information received from the disclosing party only to those of its employees who need this information to perform the services required for the contract. The receiving party undertakes to oblige these employees to observe the same level of secrecy as set forth in this confidentiality clause.

10.5 Information for which the receiving party can furnish proof that: a) it was generally known at the time of disclosure or has become general knowledge without violation of this confidentiality clause by the receiving party; or b) it was disclosed to the receiving party by a third party entitled to disclose this information; or c) the receiving party already possessed this information prior to disclosure by the disclosing party; or d) the receiving party developed it itself, irrespective of disclosure by the disclosing party, shall not be deemed to constitute “confidential information” as defined in this confidentiality clause.

10.6 All confidential information shall remain the property of the disclosing party. The receiving party hereby agrees to immediately (i) return all confidential information, including all copies, to the disclosing party, and/or (ii) on request by the disclosing party, to destroy all confidential information, including all copies, and confirm the destruction of this confidential information to the disclosing party in writing, at any time if so requested by the disclosing party but at the latest and without special request after termination or expiry of the contract. This does not extend to include reports and certificates prepared for the client solely for the purpose of fulfilling the obligations under the contract, which shall remain with the client. However, TÜV

Rheinland is entitled to make file copies of such reports, certificates and confidential information that forms the basis for preparing these reports and certificates in order to evidence the correctness of its results and for general documentation purposes required by laws, regulations and the requirements of working procedures of TÜV Rheinland.

10.7 From the start of the contract and for a period of three years after termination or expiry of the contract, the receiving party shall maintain strict secrecy of all confidential information and shall not disclose this information to any third parties or use it for itself.

6.

The client’s obligation to cooperate

6.1 The client shall guarantee that all cooperation required on its part, its agents or third parties will be provided in good time and at no cost to TÜVRheinland.

6.2 Design documents, supplies, auxiliary staff, etc. necessary for performance of the services shall be made available free of charge by the client. Moreover, collaborative action of the client must be undertaken in accordance with legal provisions, standards, safety regulations and accident prevention instructions. And the client represents and warrants that:

If the client breaches the aforesaid representations and warranties, TÜV Rheinland is entitled to i) immediately terminate the contract/order without prior notice; and ii) withdraw the issued testing report/certificates if any.

6.3 The client shall bear any additional cost incurred on account of work having to be redone or being delayed as a result of late, incorrect or incomplete information provided by or lack of proper cooperation from the client. Even where a fixed or maximum price is agreed, TÜV

Rheinland shall be entitled to charge extrafees for such additional expense.

7.

a) it has required statutory qualifications; b) the product, service or management system to be certified complies with applicable laws and regulations; and c) it doesn’t have any illegal and dishonest behaviours or is not included in the list of

Enterprises with Serious Illegal and Dishonest Acts of People’s Republic of China.

Prices

7.1 If the scope of performance is not laid down in writing when the order is placed, invoicing shall be based on costs actually incurred. If no price is agreed in writing, invoicing shall be made in accordance with the price list of TÜV Rheinland valid at the time of performance.

7.2 Unless otherwise agreed, work shall be invoiced according to the progress of the work.

7.3 If the execution of an order extends over more than one month and the value of the contract or the agreed fixed price exceeds €2,500.00 or equivalent value in local currency,

TÜV Rheinland may demand payments on account or in instalments.

8.

Payment terms

8.1 All invoice amounts shall be due for payment without deduction on receipt of the invoice.

No discounts and rebates shall be granted.

8.2 Payments shall be made to the bank account of TÜV Rheinland as indicated on the invoice, stating the invoice and client numbers.

8.3 In cases of default of payment, TÜV Rheinland shall be entitled to claim default interest at the applicable short term loan interest rate publicly announced by a reputable commercial bank in the country where TÜV Rheinland is located. At the same time, TÜV Rheinland reserves the right to claim further damages.

8.4 Should the client default in payment of the invoice despite being granted a reasonable grace period, TÜV Rheinland shall be entitled to cancel the contract, withdraw the certificate, claim damages for non-performance and refuse to continue performance of the contract.

8.5 The provisions set forth in article 8.4 shall also apply in cases involving returned cheques, cessation of payment, commencement of insolvency proceedings against the client’s assets or cases in which the commencement of insolvency proceedings has been dismissed due to lack of assets.

11. Copyrights and rights of use, publications

11.1 TÜV Rheinland shall retain all exclusive copyrights in the reports, expert reports/opinions, test reports/results, results, calculations, presentations etc. prepared by TÜV Rheinland, unless otherwise agreed by the parties in a separate agreement. As the owner of the copyrights,

TÜV Rheinland is free to grant others the right to use the work results for individual or all types of use (“right of use”)

11.2 The client receives a simple, unlimited, non-transferable, non-sublicensable right of use to the contents of the work results produced within the scope of the contract, unless otherwise agreed by the parties in a separate agreement.The client may only use such reports, expert reports/opinions, test reports/results, results calculations, presentations etc. prepared within the scope of the contract for the contractually agreed purpose.

11.3 The transfer of right of use of the generated work results regulated in clause 11.2. of the GTCB is subject to full payment of the remuneration agreed in favour of TÜV Rheinland.

11.4 The client may use work results only complete and unshortened. The client may only pass on the work results in full unless TÜV Rheinland has given its prior written consent to the partial passing on of work results.

11.5 Any publication or duplication of the work results for advertising purposes or any further use of the work results beyond the scope regulaed in clause 11.2 needs the prior written approval of

TÜV Rheinland in each individual case.

11.6 TÜV Rheinland may revoke a once given approval according to clause 11.5 at any time without stating reasons. In this case, the client is obliged to stop the transfer of the work results immediately at his own expense and, as far as possible, to withdraw publications.

11.7 The consent of TÜV Rheinland to publication or duplication of the work results does not entitle the client to use the corporate logo, corporate design or test/certification mark of TÜV

Rheinland.

12.

Liability of TÜV Rheinland

12.1 Irrespective of the legal basis, to the fullest extent permitted by applicable law, in the event of a breach of contractual obligations or tort, the liability of TÜV Rheinland for all damages, losses and reimbursement of expenses caused by TÜV Rheinland, its legal representatives and/or employees shall be limited to: (i) in the case of a contract with a fixed overall fee, three times the overall fee for the entire contract; (ii) in the case of a contract for annually recurring services, the agreed annual fee; (iii) in the case of a contract expressly charged on a time and material basis, a maximum of 20,000 Euro or equivalent amount in local currency; and (iv) in the case of a framework agreement that provides for the possibility of placing individual orders, three times of the fee for the individual order under which the damages or losses have occurred. Notwithstanding the above, in the event that the total and accumulated liability calculated according to the foregoing provisions exceeds 2.5 Million Euro or equivalent amount in local currency, the total and accumulated liability of TÜV Rheinland shall be only limited to and shall not exceed the said 2.5 Million Euro or equivalent amount in local currency.

12.2 The limitation of liability according to article 12.1 above shall not apply to damages and/or losses caused by malice, intent or gross negligence on the part of TÜV Rheinland or its vicarious agents. Such limitation shall not apply to damages for a person’s death, physical injury or illness.

12.3 In cases involving a fundamental breach of contract, TÜV Rheinland will be liable even where minor negligence is involved. For this purpose, a “fundamental breach” is breach of a material contractual obligation, the performance of which permits the due performance of the contract.

Any claim for damages for a fundamental breach of contract shall be limited to the amount of damages reasonably foreseen as a possible consequence of such breach of contract at the time of the breach (reasonably foreseeable damages), unless any of the circumstances described in article 12.2 applies.

12.4 TÜV Rheinland shall not be liable for the acts of the personnel made available by the client to support TÜV Rheinland in the performance of its services under the contract, unless such personnel made available is regarded as vicarious agent of TÜV Rheinland. If TÜV Rheinland is not liable for the acts of the personnel made available by the client under the foregoing provision, the client shall indemnify TÜV Rheinland against any claims made by third parties arising from or in connection with such personnel’s acts.

12.5 Unless otherwise contractually agreed in writing, TÜV Rheinland shall only be liable under the contract to the client.

12.6 The limitation periods for claims for damages shall be based on statutoryprovisions.

12.7 None of the provisions of this article 12 changes the burden of proof to the disadvantage of the client.

13. Export control

13.1When passing on the services provided by TÜV Rheinland or parts thereof to third parties in

Greater China or other regions, the client must comply with the respectively applicable regulations of national and international export control law.

13.2The performance of a contract with the client is subject to the proviso that there are no obstacles to performance due to national or international foreign trade legislations or embargos and/or sanctions. In the event of a violation, TÜV Rheinland shall be entitled to terminate the contract with immediate effect and the client shall compensate for the losses incured thereof by TÜV Rheinland.

14. Data protection notice

TÜV Rheinland processes personal data of the client for the purpose of fulfilling this contract.

In addition, TÜV Rheinland also processes the data for other legal purposes in accordance with the relevant legal basis. The personal data of the client will only be disclosed to other natural or legal persons if the legal requirements are met. This also applies to transfers to third countries. The personal data will be deleted immediately as soon as a corresponding reason for deletion arises. Data subjects may exercise the following rights: right of information, right of rectification, right of deletion, right of processing limitation, right of objection, right of data transferability. In addition, persons concerned by the data processing have the right to revoke their consent at any time with effect for the future, as well as the right to file a complaint with the competent data protection supervisory authority. For further details on the processing of personal data by TÜV Rheinland as the person responsible or contract processor, please refer to the respective data protection information. You can contact the

Group Data Protection Officer of TÜV Rheinland by e-mail at [email protected] or by post at the following address: TÜV Rheinland AG, c/o Group Data Protection Officer, Am

Grauen Stein, 51105 Cologne, Germany.

15. Test material: transport risk and storage

15.1The risk and costs for freight and transport of documents or test material to and from TÜV

Rheinland as well as the costs of necessary disposal measures shall be borne by the client.

15.2Any destroyed and otherwise worthless test material will be disposed of by TÜV Rheinland for the client at the expense of the client, unless otherwise agreed.

15.3Undamaged test material shall be stored by TÜV Rheinland for four (4) weeks after completion of the test. If a longer storage period is desired, TÜV Rheinland charges an appropriate storage fee.

15.4After the expiry of the 4 weeks or any longer period agreed upon, the test material will be disposed of by TÜV Rheinland for the client for a fee in accordance with clause 15.2.

16. Termination of the contract

16.1 Notwithstanding clause 3.3 of the GTCB, TÜV Rheinland and the client are entitled to terminate the contract in its entirety or, in the case of services combined in one contract, each of the combined parts of the contract individually and independently of the continuation of the remaining services with six (6) months' notice to the end of the contractually agreed term.

16.2For good causes, TÜV Rheinland may consider giving a written notice to the client to terminate the contract which includes but not limited to the following: a) the client does not immediately notify TÜV Rheinland of changes in the conditions within the company which are relevant for certification or signs of such changes; b) the client misuses the certificate or certification mark or uses it in violation of the contract; c) in the event of several consecutive delays in payment (at least three times); d) a substantial deterioration of the financial circumstances of the client occurs and as a result the payment claims of TÜV Rheinland under the contract are considerably endangered and

TÜV Rheinland cannot reasonably be expected to continue the contractual relationship.

16.3In the event of termination with written notice by TÜV Rheinland for good cause, TÜVRheinland shall be entitled to a lump-sum claim for damages against the client if the conditions of a claim for damages exist. In this case, the client shall owe 15% of the remuneration to be paid until the end of the fixed contract term as lump-sum compensation. The client reserves the right to prove that there is no damage or a considerably lower damage, TÜV Rheinland reserves the right to prove a considerably higher damage in individual cases.

16.4TÜV Rheinland is also entitled to terminate the contract with written notice if the client has not been able to make use of the time windows for auditing /service provision provided by TÜV

Rheinland within the scope of a certification procedure and the certificate therefore has to be withdrawn (for example during the performance of monitoring audits). Clause 16.3 applies accordingly.

17. Partial invalidity, written form, place of jurisdiction and dispute resolution

17.1 All amendments and supplements must be in writing in order to be effective. This also applies to amendments and supplements to this clause 17.1.

17.2 Should one or several of the provisions under the contract and/or these terms and conditions be or become ineffective, the contracting parties shall replace the invalid provision with a legally valid provision that comes closest to the content of the invalid provision in legal and commercial terms.

17.3 Unless otherwise stipulated in the contract, the governing law of the contract and these terms and conditions shall be chosen following the rules as below: a) if TÜV Rheinland in question is legally registered and existing in the People’s Republic of

China, the contracting parties hereby agree that the contract and these terms and conditions shall be governed by the laws of the People’s Republic of China.

b) if TÜV Rheinland in question is legally registered and existing in Taiwan, the contracting parties hereby agree that the contract and these terms and conditions shall be governed by the laws of Taiwan.

c) if TÜV Rheinland in question is legally registered and existing in Hong Kong, the contracting parties hereby agree that the contract and these terms and conditions shall be governed by the laws of Hong Kong.

17.4 Any dispute in connection with the contract and these terms and conditions or the execution thereof shall be settled friendly through negotiations.

Unless otherwise stipulated in the contract, if no settlement or no agreement in respect of the extension of the negotiation period can be reached within two months of the arising of the dispute, the dispute shall be submitted: a) in the case of TÜV Rheinland in question being legally registered and existing in the People’s

Republic of China, to China International Economic and Trade Arbitration Commission

(CIETAC) to be settled by arbitration under the Arbitration Rules of CIETAC in force when the arbitration is submitted. The arbitration shall take place in Beijing, Shanghai, Shenzhen or

Chongqing as appropriately chosen by the claiming party.

b) in the case of TÜV Rheinland in question being legally registered and existing in Taiwan, to

Chinese Arbitration Association Taipei Branch to be arbitrated in accordance with its then current Rules of Arbitration. The arbitration shall take place in Taipei.

c) in the case of TÜV Rheinland being legally registered and existing in Hong Kong, to Hong

Kong International Arbitration Centre (HKIAC) to be settled by arbitration under the HKIAC

Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these rules. The arbitration shall take place in Hong Kong.

The decision of the relevant arbitration tribunal shall be final and binding on both parties. The arbitration fee shall be borne by the losing party.

May 2019

No results