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Products

Report No.: 0144135808a 001 Page 1 of 14

Client: SIMBA TOYS GMBH & CO. KG


Werkstrae 1, D-90765 Frth, Germany
Test item(s): Toys
Identification/ Please refer to page 2-3
Model No(s):
Sample Receiving date: 2017-02-04, 2017-02-08
Testing Period: 2017-02-15 - 2017-02-21
Test Specification: Test result:
EN 71 - 1 : 2014 Mechanical and physical properties PASS
2009/48/EC CE marking PASS
2009/48/EC Labeling Requirement Please refer to page 7
(Importer/ Manufacturer Mark, Product Identification, Washing/ Cleaning
instruction)
EN 71 - 2:2011 + A1:2014 Flammability PASS
EN 71 - 3 : 2013 + A1 : 2014 Migration of 19 Elements PASS

Other information:
Country of Origin: China

Packaging provided: Artwork

Provided age grade of this item: 5+


Appropriate age grade of this item according to CR 14379: For age over 3 years.
The item was tested for the age of over 3 years.

For and on behalf of


TV Rheinland Hong Kong Ltd.

2017-02-23 To Wai Keung, William / Unit Senior Manager

Date Name/Position
Test result is drawn according to the kind and extent of tests performed.
This test report relates to the a. m. 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.

7h95KHLQODQG+RQJ.RQJ/WG3-4,11/F.,Fou Wah Industrial Building,10-16 Pun Shan Street,Tsuen Wan,New Territories,Hong Kong
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Test Report No.: 0144135808a 001 Page 2 of 14

Identification/ Model No(s):

10 595 2025 ; 10 595 2025 001; 10 595 2025 002; 10 595 2025 003;

10 595 2025 004; 10 595 2025 005; 10 595 2025 006; 10 595 2025 007;

10 595 2025 008; 10 595 2025 009; 10 595 2025 010; 10 595 2025 011;

10 595 2025 012; 10 595 2025 013; 10 595 2025 014; 10 595 2025 015;

10 595 2025 016; 10 595 2025 017; 10 595 2025 018; 10 595 2025 019;

10 595 2025 020; 10 595 2025 021; 10 595 2025 022; 10 595 2025 023;

10 595 2025 024; 10 595 2025 025; 10 595 2025 026; 10 595 2025 027;

10 595 2025 028; 10 595 2025 029; 10 595 2025 030; 10 595 2025 031;

10 595 2025 032; 10 595 2025 033; 10 595 2025 034; 10 595 2025 035;

10 595 2025 036; 10 595 2025 037; 10 595 2025 038; 10 595 2025 039;

10 595 2025 040; 10 595 2025 041; 10 595 2025 042; 10 595 2025 043;

10 595 2025 044; 10 595 2025 045; 10 595 2025 046; 10 595 2025 047;

10 595 2025 048; 10 595 2025 049; 10 595 2025 050; 10 595 2025 051

Slime Blaster

7h95KHLQODQG+RQJ.RQJ/WG3-4,11/F.,Fou Wah Industrial Building,10-16 Pun Shan Street,Tsuen Wan,New Territories,Hong Kong
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Test Report No.: 0144135808a 001 Page 3 of 14

Identification/ Model No(s):

10 595 2026 ; 10 595 2026 001; 10 595 2026 002; 10 595 2026 003;

10 595 2026 004; 10 595 2026 005; 10 595 2026 006; 10 595 2026 007;

10 595 2026 008; 10 595 2026 009; 10 595 2026 010; 10 595 2026 011;

10 595 2026 012; 10 595 2026 013; 10 595 2026 014; 10 595 2026 015;

10 595 2026 016; 10 595 2026 017; 10 595 2026 018; 10 595 2026 019;

10 595 2026 020; 10 595 2026 021; 10 595 2026 022; 10 595 2026 023;

10 595 2026 024; 10 595 2026 025; 10 595 2026 026; 10 595 2026 027;

10 595 2026 028; 10 595 2026 029; 10 595 2026 030; 10 595 2026 031;

10 595 2026 032; 10 595 2026 033; 10 595 2026 034; 10 595 2026 035;

10 595 2026 036; 10 595 2026 037; 10 595 2026 038; 10 595 2026 039;

10 595 2026 040; 10 595 2026 041; 10 595 2026 042; 10 595 2026 043;

10 595 2026 044; 10 595 2026 045; 10 595 2026 046; 10 595 2026 047;

10 595 2026 048; 10 595 2026 049; 10 595 2026 050; 10 595 2026 051;

SLIME BLASTER REFILL-PACK

7h95KHLQODQG+RQJ.RQJ/WG3-4,11/F.,Fou Wah Industrial Building,10-16 Pun Shan Street,Tsuen Wan,New Territories,Hong Kong
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Test Report No.: 0144135808a 001 Page 4 of 14

Material List:

Item: Please refer to page 2-3

Material No. Material Color Location

M001 Whole Product Multicolor Whole product [All items]


M002 Powder Aqua green Powder [All items]
M003 Coating Black Numbers on gun [#595 2025]
M004 Coating Green Pattern on gun [#595 2025]
M006 Plastic Milky Tube [#595 2025]
M007 Plastic Translucent Circle shaped plastic in gun [#595 2025]
M008 Plastic White Body of gun [#595 2025]
M009 Plastic Green Lid of bottle [#595 2025]
M010 Plastic Translucent green Bottle [#595 2025]
M011 Plastic Ivory Nozzle on tip of tube & gun [#595 2025]
M012 Plastic Orange Plastic on gun [#595 2025]
M013 Plastic Green Handles & plastic on gun, jont of bottle in
gun [#595 2025]
M014 Plastic + printing + Transparent / white w/ Sticker [#595 2025]
adhesive multicolor printing
M016 Metal Silver Nut on tube [#595 2025]

7h95KHLQODQG+RQJ.RQJ/WG3-4,11/F.,Fou Wah Industrial Building,10-16 Pun Shan Street,Tsuen Wan,New Territories,Hong Kong
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Test Report No.: 0144135808a 001 Page 5 of 14

EN71 - 1:2014 Mechanical and physical properties

Test result:

4. General requirements
4.1 Material cleanliness PASS
4.7 Edges PASS
4.8 Points and metallic wires PASS
7. Warnings, markings and instructions for use
7.1 General PASS
7.2 Toys not intended for children under 36 months PASS (*1)

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

Remark:
* The manufacturer/trader/applicant has provided the artwork for assessment in this test report.
*1 This requirement conduct only on item #10 595 2025.

7h95KHLQODQG+RQJ.RQJ/WG3-4,11/F.,Fou Wah Industrial Building,10-16 Pun Shan Street,Tsuen Wan,New Territories,Hong Kong
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Test Report No.: 0144135808a 001 Page 6 of 14

2009/48/EC CE Marking

Test result:
CE-marking PASS
Remark:
* The manufacturer/trader/applicant has provided the artwork for assessment in this test report.

7h95KHLQODQG+RQJ.RQJ/WG3-4,11/F.,Fou Wah Industrial Building,10-16 Pun Shan Street,Tsuen Wan,New Territories,Hong Kong
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Test Report No.: 0144135808a 001 Page 7 of 14

2009/48/EC Labeling Requirement (Importer/ Manufacturer Mark, Product Identification,


Washing/ Cleaning instruction)
Test result:

Importer/ Manufacturer Mark (European Company name and address)+ Present(Product


and Package)
Instruction of Hygiene Absent (*1)
Product Identification - type, batch, serial or model number+ Present(Product
and Package)
Washing/ Cleaning instruction ^ Not Applicable
Remark:

*1 This requirement conduct only on item #10 595 2025.


+ These labeling shall be indicated on the toy, or where that is not possible, on its packaging or in
documents accompanying the toys.

The correct adherence to all requirements according to directive 2009/48/EC in regards to the
marking (name or trademark and contact address of the manufacturer respectively the marking
for identification [type, batch, model or serial no.])of the toy can only be confirmed by the
manufacturer, his delegate or the person who brings it onto the market. The marked article were
assessed, however, they can not be evaluated in the frame of this test.

^ According to Directive 2009/48/EC, a toy intended for use by children under 36 months must be
designed and manufactured in such a way that it can be cleaned. A textile toy shall, to this end,
be washable, except if it contains a mechanism that may be damaged if soak washed. The toy
shall fulfill the safety requirements also after having been cleaned in accordance with this point
and the manufacturer's instructions.

* The manufacturer/trader/applicant has provided the artwork for assessment in this test report.

7h95KHLQODQG+RQJ.RQJ/WG3-4,11/F.,Fou Wah Industrial Building,10-16 Pun Shan Street,Tsuen Wan,New Territories,Hong Kong
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Test Report No.: 0144135808a 001 Page 8 of 14

EN 71 - 2: 2011+A1 :2014 Flammability

Test result:

4.1 General PASS

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

7h95KHLQODQG+RQJ.RQJ/WG3-4,11/F.,Fou Wah Industrial Building,10-16 Pun Shan Street,Tsuen Wan,New Territories,Hong Kong
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Test Report No.: 0144135808a 001 Page 9 of 14

EN71-3:2013+A1:2014 Migration of 19 Elements


Test Method: with reference to EN71-3:2013+A1:2014, for inorganic elements, analyzed by ICP-OES
or ICP-MS.
1) For dry, brittle, powder-like or pliable toy materials :

Test No. T001


Material No. M002
Test Parameter Unit RL Regulatory Result
Requirement
Aluminium (Al) mg/kg 10 5625 240
Antimony (Sb) mg/kg 1 45 n.d.
Arsenic (As) mg/kg 0.5 3.8 n.d.
Barium (Ba) mg/kg 2.5 1500 n.d.
Boron (B) mg/kg 10 1200 n.d.
Cadmium (Cd) mg/kg 0.1 1.3 n.d.
Chromium (III) (Cr (III)) mg/kg 1 37.5 n.d. (*3)
Chromium (VI) (Cr (VI)) mg/kg 0.015 0.02 n.d. (*3)
Cobalt (Co) mg/kg 0.5 10.5 n.d.
Copper (Cu) mg/kg 2.5 622.5 n.d.
Lead (Pb) mg/kg 0.5 13.5 n.d.
Manganese (Mn) mg/kg 2.5 1200 n.d.
Mercury (Hg) mg/kg 0.5 7.5 n.d.
Nickel (Ni) mg/kg 2.5 75 n.d.
Selenium (Se) mg/kg 2.5 37.5 n.d.
Strontium (Sr) mg/kg 2.5 4500 2.9
Tin (Sn) mg/kg 0.2 15000 0.22
Organic Tin^ mg/kg 0.2 0.9 -
Zinc (Zn) mg/kg 10 3750 n.d.

Abbreviation: n.d. = Not Detected (< RL)


RL = Reporting Limit
mg/kg denotes milligram per kilogram
^ denotes Organic tin are not necessary to be determined when the Tin
concentration is less than calculated limit (0.3 mg/kg)

7h95KHLQODQG+RQJ.RQJ/WG3-4,11/F.,Fou Wah Industrial Building,10-16 Pun Shan Street,Tsuen Wan,New Territories,Hong Kong
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Test Report No.: 0144135808a 001 Page 10 of 14

3) For scraped-off toy materials:

Test No. T002 (*2) T003 T004


Material No. M003 M004 M006
Test Parameter Unit RL Regulatory Result Result Result
Requirement
Aluminium (Al) mg/kg 10 70000 - 12 n.d.
Antimony (Sb) mg/kg 1 560 - n.d. n.d.
Arsenic (As) mg/kg 1 47 - n.d. n.d.
Barium (Ba) mg/kg 2.5 18750 - 4.4 n.d.
Boron (B) mg/kg 10 15000 - n.d. n.d.
Cadmium (Cd) mg/kg 1 17 - n.d. n.d.
Chromium (Cr) mg/kg 0.15 - - n.d. n.d.
Chromium (III) (Cr (III)) mg/kg 0.15 460 - - -
Chromium (VI) (Cr (VI)) mg/kg 0.15 0.2 - - -
Cobalt (Co) mg/kg 2.5 130 - n.d. n.d.
Copper (Cu) mg/kg 2.5 7700 - n.d. n.d.
Lead (Pb) mg/kg 2.5 160 - n.d. n.d.
Manganese (Mn) mg/kg 2.5 15000 - 3.6 n.d.
Mercury (Hg) mg/kg 1 94 - n.d. n.d.
Nickel (Ni) mg/kg 2.5 930 - n.d. n.d.
Selenium (Se) mg/kg 2.5 460 - n.d. n.d.
Strontium (Sr) mg/kg 2.5 56000 - n.d. n.d.
Tin (Sn) mg/kg 1.0 180000 - n.d. n.d.
Organic Tin^ mg/kg 1.0 12 - - -
Zinc (Zn) mg/kg 10 46000 - 27 n.d.

7h95KHLQODQG+RQJ.RQJ/WG3-4,11/F.,Fou Wah Industrial Building,10-16 Pun Shan Street,Tsuen Wan,New Territories,Hong Kong
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Test Report No.: 0144135808a 001 Page 11 of 14

Test No. T005 T006 T007


Material No. M007 M008 M009
Test Parameter Unit RL Regulatory Result Result Result
Requirement
Aluminium (Al) mg/kg 10 70000 n.d. n.d. n.d.
Antimony (Sb) mg/kg 1 560 n.d. n.d. n.d.
Arsenic (As) mg/kg 1 47 n.d. n.d. n.d.
Barium (Ba) mg/kg 2.5 18750 2.6 n.d. n.d.
Boron (B) mg/kg 10 15000 n.d. n.d. n.d.
Cadmium (Cd) mg/kg 1 17 n.d. n.d. n.d.
Chromium (Cr) mg/kg 0.15 - n.d. n.d. n.d.
Chromium (III) (Cr (III)) mg/kg 0.15 460 - - -
Chromium (VI) (Cr (VI)) mg/kg 0.15 0.2 - - -
Cobalt (Co) mg/kg 2.5 130 n.d. n.d. n.d.
Copper (Cu) mg/kg 2.5 7700 n.d. n.d. n.d.
Lead (Pb) mg/kg 2.5 160 n.d. n.d. n.d.
Manganese (Mn) mg/kg 2.5 15000 n.d. n.d. n.d.
Mercury (Hg) mg/kg 1 94 n.d. n.d. n.d.
Nickel (Ni) mg/kg 2.5 930 n.d. n.d. n.d.
Selenium (Se) mg/kg 2.5 460 n.d. n.d. n.d.
Strontium (Sr) mg/kg 2.5 56000 n.d. n.d. n.d.
Tin (Sn) mg/kg 1.0 180000 n.d. n.d. n.d.
Organic Tin^ mg/kg 1.0 12 - - -
Zinc (Zn) mg/kg 10 46000 n.d. n.d. n.d.

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Test Report No.: 0144135808a 001 Page 12 of 14

Test No. T008 T009 T010


Material No. M010 M011 M012
Test Parameter Unit RL Regulatory Result Result Result
Requirement
Aluminium (Al) mg/kg 10 70000 n.d. n.d. n.d.
Antimony (Sb) mg/kg 1 560 n.d. n.d. n.d.
Arsenic (As) mg/kg 1 47 n.d. n.d. n.d.
Barium (Ba) mg/kg 2.5 18750 n.d. n.d. n.d.
Boron (B) mg/kg 10 15000 n.d. n.d. n.d.
Cadmium (Cd) mg/kg 1 17 n.d. n.d. n.d.
Chromium (Cr) mg/kg 0.15 - n.d. n.d. n.d.
Chromium (III) (Cr (III)) mg/kg 0.15 460 - - -
Chromium (VI) (Cr (VI)) mg/kg 0.15 0.2 - - -
Cobalt (Co) mg/kg 2.5 130 n.d. n.d. n.d.
Copper (Cu) mg/kg 2.5 7700 n.d. n.d. n.d.
Lead (Pb) mg/kg 2.5 160 n.d. n.d. n.d.
Manganese (Mn) mg/kg 2.5 15000 n.d. n.d. n.d.
Mercury (Hg) mg/kg 1 94 n.d. n.d. n.d.
Nickel (Ni) mg/kg 2.5 930 n.d. n.d. n.d.
Selenium (Se) mg/kg 2.5 460 n.d. n.d. n.d.
Strontium (Sr) mg/kg 2.5 56000 n.d. n.d. n.d.
Tin (Sn) mg/kg 1.0 180000 n.d. n.d. n.d.
Organic Tin^ mg/kg 1.0 12 - - -
Zinc (Zn) mg/kg 10 46000 n.d. n.d. n.d.

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Test Report No.: 0144135808a 001 Page 13 of 14

Test No. T011 T012 T013


(*1)(65mg)
Material No. M013 M014 M016
Test Parameter Unit RL Regulatory Result Result Result
Requirement
Aluminium (Al) mg/kg 10 70000 n.d. n.d. n.d.
Antimony (Sb) mg/kg 1 560 n.d. n.d. n.d.
Arsenic (As) mg/kg 1 47 n.d. n.d. n.d.
Barium (Ba) mg/kg 2.5 18750 n.d. n.d. n.d.
Boron (B) mg/kg 10 15000 n.d. n.d. n.d.
Cadmium (Cd) mg/kg 1 17 n.d. n.d. n.d.
Chromium (Cr) mg/kg 0.15 - n.d. n.d. n.d.
Chromium (III) (Cr (III)) mg/kg 0.15 460 - - -
Chromium (VI) (Cr (VI)) mg/kg 0.15 0.2 - - -
Cobalt (Co) mg/kg 2.5 130 n.d. n.d. n.d.
Copper (Cu) mg/kg 2.5 7700 n.d. n.d. n.d.
Lead (Pb) mg/kg 2.5 160 n.d. n.d. n.d.
Manganese (Mn) mg/kg 2.5 15000 n.d. n.d. n.d.
Mercury (Hg) mg/kg 1 94 n.d. n.d. n.d.
Nickel (Ni) mg/kg 2.5 930 n.d. n.d. n.d.
Selenium (Se) mg/kg 2.5 460 n.d. n.d. n.d.
Strontium (Sr) mg/kg 2.5 56000 n.d. n.d. n.d.
Tin (Sn) mg/kg 1.0 180000 n.d. n.d. n.d.
Organic Tin^ mg/kg 1.0 12 - - -
Zinc (Zn) mg/kg 10 46000 n.d. n.d. n.d.

Abbreviation: n.d. = Not Detected (< RL)


RL = Reporting Limit
mg/kg denotes milligram per kilogram
denotes Cr(III) and Cr(VI) are not necessary to be determined when the
Combined Chromium concentration value is less than the requirement
^ denotes Organic tin are not necessary to be determined when the Tin
concentration is less than calculated limit (3.9 mg/kg) or the components were
confirmed to be pure metal
Remark:
*1 According to EN71- 3:2013+A1:2014, the weight of test portion was less than 100mg, but greater than
10mg. The result was calculated as if 100mg of the samples were available.
*2 According to EN71-3:2013+A1:2014, the weight of test portion available was less than 10mg, the test
for soluble heavy metal content was not performed.
*3 Confirmation of Cr(VI) content has been performed with reference to EN71-3:2013+A1:2014, Annex F
(analyzed by LC-ICP-MS or IC-ICP-MS/MS). Cr(III) content was confirmed by calculation.

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Test Report No.: 0144135808a 001 Page 14 of 14

Sample Photos

- END -

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

1. Scope bank in the country where TV Rheinland is located. At the shall not disclose this information to any third parties or use it
same time, TV Rheinland reserves the right to claim further for itself.
1.1 These General Terms and Conditions of Business of TUV
damages.
Rheinland in Greater China is made between the client and one 11. Copyrights
or more member entities of TUV Rheinland in Greater China as 8.4 Should the client default in payment of the invoice despite being
11.1 TV Rheinland shall retain all exclusive copyrights in the expert
applicable as the case may be (TV Rheinland). granted a reasonable grace period, TV Rheinland shall be
reports, test results, calculations, presentations etc. prepared
entitled to cancel the contract, withdraw the certificate, claim
1.2 The following terms and conditions apply to agreed services by TV Rheinland.
damages for non-performance and refuse to continue
including consultancy services, information, deliveries and
performance of the contract. 11.2 The client may only use such expert reports, test results,
similar services as well as ancillary services and other
calculations, presentations etc. prepared within the scope of
secondary obligations provided within the scope of contract 8.5 The provisions set forth in article 8.4 shall also apply in cases
the contract for the contractually agreed purpose.
performance. involving returned cheques, cessation of payment,
commencement of insolvency proceedings against the clients 11.3 The client may use test reports, test results, expert reports, etc.
1.3 Any standard terms and conditions of the client of any nature
assets or cases in which the commencement of insolvency only complete and unshortened. Any publication or duplication
shall not apply and shall hereby be expressly excluded. No
proceedings has been dismissed due to lack of assets. for advertising purposes needs the prior written approval of
standard contractual terms and conditions of the client shall
TV Rheinland.
form part of the contract even if TV Rheinland does not 8.6 Objections to the invoices of TV Rheinland shall be submitted
explicitly object to them. in writing within two weeks of receipt of the invoice. 12. Liability of TV Rheinland
2. Quotations 8.7 TV Rheinland shall be entitled to demand appropriate advance 12.1. Irrespective of the legal basis, in the event of a breach of
payments. contractual obligations or tort, the liability of TV Rheinland for
Unless otherwise agreed, all quotations submitted by TV
all damages, losses and reimbursement of expenses caused
Rheinland can be changed by TV Rheinland without notice 8.8 TV Rheinland shall be entitled to raise its fees at the beginning
by TV Rheinland, its legal representatives and/or employees
prior to its acceptance and confirmation by the other party. of a month if overheads and/or purchase costs have increased.
shall be limited to: (i) in the case of a contract with a fixed
In this case, TV Rheinland shall notify the client in writing of
3. Coming into effect and duration of contracts overall fee, three times the overall fee for the entire contract; (ii)
the rise in fees. This notification shall be issued one month
in the case of a contract for annually recurring services, the
3.1 The contract shall come into effect for the agreed terms upon prior to the date on which the rise in fees shall come into effect
agreed annual fee; (iii) in the case of a contract expressly
the quotation letter of TV Rheinland or a separate contractual (period of notice of changes in fees). If the rise in fees remains
charged on a time and material basis, a maximum of 20,000
document being signed by both contracting parties, or upon the under 5% per contractual year, the client shall not have the
Euro or equivalent amount in local currency; and (iv) in the
works requested by the client being carried out by TV right to terminate the contract. If the rise in fees exceeds 5%
case of a framework agreement that provides for the possibility
Rheinland. If the client instructs TV Rheinland without per contractual year, the client shall be entitled to terminate the
of placing individual orders, three times of the fee for the
receiving a quotation from TV Rheinland (quotation), TV contract by the end of the period of notice of changes in fees. If
individual order under which the damages or losses have
Rheinland is, in its sole discretion, entitled to accept the order the contract is not terminated, the changed fees shall be
occurred. Notwithstanding the above, in the event that the total
by giving written notice of such acceptance (including notice deemed to have been agreed upon by the time of the expiry of
and accumulated liability calculated according to the foregoing
sent via electronic means) or by performing the requested the notice period.
provisions exceeds 2.5 Million Euro or equivalent amount in
services.
8.9 Only legally established and undisputed claims may be offset local currency, the total and accumulated liability of TV
3.2 The contract term starts upon the coming into effect of the against claims by TV Rheinland. Rheinland shall be only limited to and shall not exceed the said
contract in accordance with article 3.1 and shall continue for 2.5 Million Euro or equivalent amount in local currency.
9. Acceptance
the term agreed in the contract.
12.2 The limitation of liability according to article 12.1 above shall not
9.1 Any part of the work ordered which is complete in itself may be
3.3 If the contract provides for an extension of the contract term, the apply to damages and/or losses caused by malice, intent or
presented by TV Rheinland for acceptance as an instalment.
contract term will be extended by the term provided for in the gross negligence on the part of TV Rheinland or its vicarious
The client shall be obliged to accept it immediately.
contract unless terminated in writing by either party with a six- agents. Such limitation shall not apply to damages for a
week notice prior to the end of the contractual term. 9.2 If the client fails to fulfil its acceptance obligation immediately, persons death, physical injury or illness.
acceptance shall be deemed to have taken place 4 calendar
4. Scope of services 12.3 In cases involving a fundamental breach of contract, TV
weeks after completion of the work provided that TV
Rheinland will be liable even where minor negligence is
4.1 The scope of the services shall be decided solely by a Rheinland has specifically made the client aware of the
involved. For this purpose, a fundamental breach is breach of
unanimous declaration issued by both parties. If no such aforementioned deadline upon completion of the work.
a material contractual obligation, the performance of which
declaration exists, then the written confirmation of order by
10. Confidentiality permits the due performance of the contract. Any claim for
TV Rheinland shall be decisive.
damages for a fundamental breach of contract shall be limited
10.1 For the purpose of these terms and conditions, confidential
4.2 The agreed services shall be performed in compliance with the to the amount of damages reasonably foreseen as a possible
information means all information, documents, images, consequence of such breach of contract at the time of the
regulations in force at the time the contract is entered into.
drawings, know-how, data, samples and project documentation breach (reasonably foreseeable damages), unless any of the
4.3 TV Rheinland is entitled to determine, in its sole discretion, the which one party (the disclosing party) hands over, transfers or circumstances described in article 12.2 applies.
method and nature of the assessment unless otherwise agreed otherwise discloses to the other party (the receiving party).
in writing or if mandatory provisions require a specific Confidential information also includes paper copies and 12.4 TV Rheinland shall not be liable for the acts of the personnel
procedure to be followed. electronic copies of such information. made available by the client to support TV Rheinland in the
performance of its services under the contract, unless such
4.4 On execution of the work there shall be no simultaneous 10.2 The disclosing party shall mark all confidential information personnel made available is regarded as vicarious agent of
assumption of any guarantee of the correctness (proper quality) disclosed in written form as confidential before passing it onto TV Rheinland. If TV Rheinland is not liable for the acts of
and working order of either tested or examined parts nor of the the receiving party. The same applies to confidential
the personnel made available by the client under the foregoing
installation as a whole and its upstream and/or downstream information transmitted by e-mail. If confidential information is
provision, the client shall indemnify TV Rheinland against any
processes, organisations, use and application in accordance disclosed orally, the receiving party shall be appropriately
claims made by third parties arising from or in connection with
with regulations, nor of the systems on which the installation is informed in advance and the disclosing party shall cconfirm in
such personnels acts.
based. In particular, TV Rheinland shall assume no writing the confidentiality nature of the information within five
responsibility for the construction, selection of materials and working days of oral disclosure. Where the disclosing party fails 12.5 The limitation periods for claims for damages shall be based on
assembly of installations examined, nor for their use and to do so within the stipulated period, the receiving party shall statutory provisions.
application in accordance with regulations unless these not take any confidentiality obligations hereunder towards such
12.6 None of the provisions of this article 12 changes the burden of
questions are expressly covered by the contract. information.
proof to the disadvantage of the client.
4.5 In the case of inspection work, TV Rheinland shall not be 10.3 All confidential information which the disclosing party transmits
13. Partial invalidity, written form, place of jurisdiction and
responsible for the accuracy or checking of the safety or otherwise discloses to the receiving party during
dispute resolution
programmes or safety regulations on which the inspections are performance of work by TV Rheinland:
based, unless otherwise expressly agreed in writing. 13.1 All amendments and supplements must be in writing in order to
a) may only be used by the receiving party for the
be effective. This also applies to amendments and
5. Performance periods/dates purposes of performing the contract, unless expressly
supplements to this clause 13.1.
otherwise agreed in writing by the disclosing party;
5.1 The contractually agreed periods/dates of performance are
13.2 Should one or several of the provisions under the contract
based on estimates of the work involved which are prepared in b) may not be copied, distributed, published or otherwise
and/or these terms and conditions be or become ineffective,
line with the details provided by the client. They shall only be disclosed by the receiving party, unless this is necessary for
the contracting parties shall replace the invalid provision with a
binding if being confirmed as binding by TV Rheinland in fulfilling the purpose of the contract or TV Rheinland is
legally valid provision that comes closest to the content of the
writing. required to pass on confidential information, inspection reports
invalid provision in legal and commercial terms.
or documentation to the government authorities, judicial court,
5.2 If binding periods of performance have been agreed, these
accreditation bodies or third parties that are involved in the 13.3 Unless otherwise stipulated in the contract, the governing law
periods shall not commence until the client has submitted all
performance of the contract; of the contract and these terms and conditions shall be chosen
required documents to TV Rheinland.
following the rules as below:
c) must be treated by the receiving party with the same
5.3 Articles 5.1 and 5.2 also apply, even without express approval
level of confidentiality as the receiving party uses to protect its a) if TV Rheinland in question is legally registered and
by the client, to all extensions of agreed periods/dates of
own confidential information, but never with a lesser level of existing in the Peoples Republic of China, the contracting
performance not caused by TV Rheinland.
confidentiality than that which is reasonably required. parties hereby agree that the contract and these terms and
6. The clients obligation to cooperate conditions shall be governed by the laws of the Peoples
10.4 The receiving party may disclose any confidential information
Republic of China.
6.1 The client shall guarantee that all cooperation required on its received from the disclosing party only to those of its
part, its agents or third parties will be provided in good time and employees who need this information to perform the services b) if TV Rheinland in question is legally registered and
at no cost to TV Rheinland. required for the contract. The receiving party undertakes to existing in Taiwan, the contracting parties hereby agree that the
oblige these employees to observe the same level of secrecy contract and these terms and conditions shall be governed by
6.2 Design documents, supplies, auxiliary staff, etc. necessary for as set forth in this confidentiality clause. the laws of Taiwan.
performance of the services shall be made available free of
charge by the client. Moreover, collaborative action of the client 10.5 Information for which the receiving party can furnish proof that: c) if TV Rheinland in question is legally registered and
must be undertaken in accordance with legal provisions, existing in Hong Kong, the contracting parties hereby agree
a) it was generally known at the time of disclosure or has
standards, safety regulations and accident prevention that the contract and these terms and conditions shall be
become general knowledge without violation of this
instructions. governed by the laws of Hong Kong.
confidentiality clause by the receiving party; or
6.3 The client shall bear any additional cost incurred on account of 13.4 Any dispute in connection with the contract and these terms and
b) it was disclosed to the receiving party by a third party
work having to be redone or being delayed as a result of late, conditions or the execution thereof shall be settled friendly
entitled to disclose this information; or
incorrect or incomplete information provided by or lack of through negotiations.
proper cooperation from the client. Even where a fixed or c) the receiving party already possessed this information
Unless otherwise stipulated in the contract, if no settlement or
maximum price is agreed, TV Rheinland shall be entitled to prior to disclosure by the disclosing party; or
no agreement in respect of the extension of the negotiation
charge extra fees for such additional expense. period can be reached within two months of the arising of the
d) the receiving party developed it itself, irrespective of
7. Invoicing of work disclosure by the disclosing party, shall not be deemed to dispute, the dispute shall be submitted:
constitute confidential information as defined in this
7.1 If the scope of performance is not laid down in writing when the a) in the case of TV Rheinland in question being legally
confidentiality clause.
order is placed, invoicing shall be based on costs actually registered and existing in the Peoples Republic of China, to
incurred. If no price is agreed in writing, invoicing shall be made 10.6 All confidential information shall remain the property of the China International Economic and Trade Arbitration
in accordance with the price list of TV Rheinland valid at the disclosing party. The receiving party hereby agrees to Commission (CIETAC) to be settled by arbitration under the
time of performance. immediately (i) return all confidential information, including all Arbitration Rules of CIETAC in force when the arbitration is
copies, to the disclosing party, and/or (ii) on request by the submitted. The arbitration shall take place in Beijing, Shanghai,
7.2 Unless otherwise agreed, work shall be invoiced according to disclosing party, to destroy all confidential information, Shenzhen or Chongqing as appropriately chosen by the
the progress of the work. including all copies, and confirm the destruction of this claiming party.
7.3 If the execution of an order extends over more than one month confidential information to the disclosing party in writing, at any
b) in the case of TV Rheinland in question being legally
and the value of the contract or the agreed fixed price exceeds time if so requested by the disclosing party but at the latest and
registered and existing in Taiwan, to Chinese Arbitration
2,500.00 or equivalent value in local currency, TV Rheinland without special request after termination or expiry of the
Association Taipei Branch to be arbitrated in accordance with
may demand payments on account or in instalments. contract. This does not extend to include reports and
its then current Rules of Arbitration. The arbitration shall take
certificates prepared for the client solely for the purpose of
8. Payment terms place in Taipei.
fulfilling the obligations under the contract, which shall remain
8.1 All invoice amounts shall be due for payment without deduction with the client. However, TV Rheinland is entitled to make file c) in the case of TV Rheinland being legally registered
on receipt of the invoice. No discounts shall be granted. copies of such reports, certificates and confidential information and existing in Hong Kong, to Hong Kong International
that forms the basis for preparing these reports and certificates Arbitration Centre (HKIAC) to be settled by arbitration under the
8.2 Payments shall be made to the bank account of TV Rheinland in order to evidence the correctness of its results and for HKIAC Administered Arbitration Rules in force when the Notice
as indicated on the invoice, stating the invoice and customer general documentation purposes required by laws, regulations of Arbitration is submitted in accordance with these rules. The
numbers. and the requirements of working procedures of TV Rheinland. arbitration shall take place in Hong Kong.
8.3 In cases of default of payment, TV Rheinland shall be entitled 10.7 From the start of the contract and for a period of three years The decision of the relevant arbitration tribunal shall be final
to claim default interest at the applicable short term loan after termination or expiry of the contract, the receiving party and binding on both parties. The arbitration fee shall be borne
interest rate publicly announced by a reputable commercial shall maintain strict secrecy of all confidential information and by the losing party.

February 2013

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