HomCom HMCO4420 Other

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Report No.:

0164099233e 001

Client:

BOWA HARDWARE TOYS FACTORY

Nanpanzhou Industrial area of Dongli Town Chenghai Shantou City,Guangdong Province

Test item(s):

Toys and material for said item

Identification/ Model No(s):

TOY SERIES 8228,8230,8230CB,8231,8232,8233,8235,8236,8237,8238, 8239,8250,8251,8252,8253,8254,8255,8256,8257,8258, 8259,8260,8264,8265,8266,8267,8268,8278,8279,8280, 8281,8282,8283,8300,8302,8303,8303C,8315,8316,8317, 8400,8401,8403,8404,8405,8406,8407,8408,8409,8420, 8421,8422,8423,8424,8426,8427,8427A,8427B,8433,8434, 8435,8436,8437,8447,8448,8449,8450,8451,8452,8261A, 8261B,8262A,8262B,8263A,8263B,8265,8266A,8266B,8267A, 8267B,8268,8269,8270,8271,8272,8273,8274,8275,8276, 8277,8278,8279,8280,8281,8282,8283,8284,8285

Sample Receiving date:

2017-07-11; 2017-07-24

Testing Period:

2017-07-12 - 2017-07-27

Test Specification:

Test result:

CPSIA Sect 101, and Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): Total lead content in paint and coating materials

PASS

CPSIA Sect. 101, and Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) : Total lead content in substrate materials

PASS

CPSIA Sect 108, and Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) : Phthalates

PASS

Page 1 of 8

Lucy Wang / Senior Technical Executive

For and on behalf of TÜV Rheinland (Shenzhen) Co., Ltd.

2017-07-31

Name/Position

Date

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.

7h95KHLQODQG6KHQ]KHQ&R/WGÂ1F East & 2-4F, Cybio Technology Building No.1, No. 16 Kejibei 2nd Road, High-Tech Industry Park North Nanshan District, 518057, Shenzhen, China Tel.: (86) 755 8268 1188Â)D[86) 755 2603 7102Â0DLO service-gc@tuv.com Â:HEwww. tuv.com

Products

Material List:

Item:

Material No.

Material

Color

Location

M002

Plastic + printing +

paper + adhesive

Transparent/ multicolor/

white

Sticker

M003

Plastic

White

Lid of cart

M004

Plastic

Dark pink

Cart and blocks

M005

Plastic

Yellow

Wheels of cart

M006

Metal

Silvery

Axle of cart and mirror

M007

Plastic

Transparent

Mirror

M008

Coating

Blue

Inside mirror

M009

Plastic + adhesive

Yellow

Adhesive tape inside mirror

M010

Plastic

Pink

Comb,lipstick and spoon

M011

Plastic

Metallic grey

Lipstick and small powder box

M012

Plastic

Transparent pink/ silvery

Lid of powder box (with glitter)

M013

Plastic

Red

Powder box

M014

Plastic

Transparent

Lid of lipstick and eyelash brush

M016

Plastic

Light purple

Brush and hair clip

M017

Plastic

Transparent yellow/ silvery

Bottle (with glitter)

M018

Plastic

Transparent blue/ silvery

Small bottle (with glitter)

M019

Plastic

Blue

Comb and hair clip

M020

Plastic

Transparent purple/ silvery

Bottle (with glitter)

M021

Plastic

Dark purple

Hair dryer

M022

Plastic

Red

Hair dryer

M023

Paint

Light pink

Said to be used for brush

Products

Test Report No.: 0164099233e 001

Page 2 of 8

Products

Test Report No.: 0164099233e 001

Page 3 of 8

Abbreviation:

n.d. = Not Detected (< RL) RL = Reporting Limit ppm = parts per million

Test result

CPSIA Sect. 101

Total lead content in paint and coating materials

PASS

Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65)

Total lead content in paint and coating materials

PASS

#1.CPSIA Sect 101, and Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): Total lead content in paint and coating materials

Test Method:

CPSC-CH-E1003-09.1 (Microwave method)

Test

No.

Material No.

Test Parameter

Unit

Regulatory

Requirement

Test Result

T001

M023

Lead Content

ppm1090

n.d.

Remark:

* 1 Requirement according to Consumer Product Safety Improvement Act 2008 Public Law 110-314, section 101, is summarized below:

Effective Date

Maximum Permissible Limit

Lead in paint and similar surface coating

1 year after enactment/ 14 Aug 2009

90 ppm

# The test is not covered by CNAS accreditation.

Products

Test Report No.: 0164099233e 001

Page 4 of 8

Abbreviation:

n.d. = Not Detected (< RL) RL = Reporting Limit ppm = parts per million

#2.CPSIA Sect. 101, and Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) : Total lead content in substrate materials

Test Method:

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

Test result

CPSIA Sect. 101

Total lead content in substrate materials

PASS

Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65)

Total lead content in substrate material

PASS

Remark:

*1 Requirement according to Consumer Product Safety Improvement Act 2008 Public Law 110-314, section 101, is summarized below:

Effective Date

Maximum Permissible Limit

Lead in accessible substrate materials

180 days after enactment/10 Feb 2009

600 ppm

1 year after enactment/14 Aug 2009

300 ppm

3 years after enactment/14 Aug 2011

100 ppm

Test No.

Material No.

Test Parameter

Unit

Regulatory

Requirement

Test Result

T001

M002 + M003 +

M004

Lead Content

ppm

100

n.d.

T002

M005 + M007 +

M010

Lead Content

ppm

100

n.d.

T003

M011 + M012 +

M013

Lead Content

ppm

100

n.d.

T004

M014 + M016 +

M017

Lead Content

ppm

100

n.d.

T005

M018 + M019 +

M020

Lead Content

ppm

100

n.d.

T006

M021 + M022

Lead Content

ppm10100

n.d.

T007

M006

Lead Content

ppm10100

n.d.

# The test is not covered by CNAS accreditation.

Products

Test Report No.: 0164099233e 001

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Test No.

T001

T002

T003

Material No.

M002 + M003 +

M004

M005 + M007 +

M010

M011 + M012 +

M013

Test Parameter

CAS NO

UnitRLRegulatory

Requirement

Result

Dibutyl phthalate (DBP)

84-74-2

0.005

0.1

n.d.

Benzylbutyl phthalate (BBP)

85-68-7

0.005

0.1

n.d.

Diethylhexyl phthalate (DEHP)

117-81-7

0.005

0.1

n.d.

Di-n-octyl phthalate (DNOP)

117-84-0

0.005

0.1

n.d.

Diisononyl phthalate (DINP)

68515-48-0

0.005

0.1

n.d.

Diisodecyl phthalate (DIDP)

68515-49-1

0.005

0.1

n.d.

Di-n-hexyl phthalate (DnHP)

84-75-3

0.005

0.1

n.d.

Conclusion - CPSIA Phthalates

Pass

Conclusion - Prop 65 Phthalates

Pass

Test No.

T004

T005

T006

Material No.

M014 + M016 +

M017

M018 + M019 +

M020

M021 + M022 +

M009

Test Parameter

CAS NO

UnitRLRegulatory

Requirement

Result

Dibutyl phthalate (DBP)

84-74-2

0.005

0.1

n.d.

Benzylbutyl phthalate (BBP)

85-68-7

0.005

0.1

n.d.

Diethylhexyl phthalate (DEHP)

117-81-7

0.005

0.1

0.010

0.027

n.d.

Di-n-octyl phthalate (DNOP)

117-84-0

0.005

0.1

n.d.

Diisononyl phthalate (DINP)

68515-48-0

0.005

0.1

n.d.

Diisodecyl phthalate (DIDP)

68515-49-1

0.005

0.1

n.d.

Di-n-hexyl phthalate (DnHP)

84-75-3

0.005

0.1

n.d.

Conclusion - CPSIA Phthalates

Pass

Conclusion - Prop 65 Phthalates

Pass

Test result

CPSIA Sect. 108

Phthalates

PASS

Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65)

Phthalates

PASS

3.CPSIA Sect 108, and Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition

65) : Phthalates

Test Method:

CPSC-CH-C1001-09.3

Products

Test Report No.: 0164099233e 001

Page 6 of 8

Abbreviation:

n.d. = Not Detected (< RL) RL = Reporting Limit % = percentage

Test No.

T007

T008

Material No.

M008

M023

Test Parameter

CAS NO

UnitRLRegulatory

Requirement

Result

Dibutyl phthalate (DBP)

84-74-2

0.005

0.1

n.d.

Benzylbutyl phthalate (BBP)

85-68-7

0.005

0.1

n.d.

Diethylhexyl phthalate (DEHP)

117-81-7

0.005

0.1

n.d.

Di-n-octyl phthalate (DNOP)

117-84-0

0.005

0.1

n.d.

Diisononyl phthalate (DINP)

68515-48-0

0.005

0.1

n.d.

Diisodecyl phthalate (DIDP)

68515-49-1

0.005

0.1

n.d.

Di-n-hexyl phthalate (DnHP)

84-75-3

0.005

0.1

n.d.

Conclusion - CPSIA Phthalates

Pass

Conclusion - Prop 65 Phthalates

Pass

Remark:

Requirement according to Consumer Product Safety Improvement Act 2008, section 108, is summarized below:

Date of Implementation

Parameter

Unit

Maximum Permissible Limit

180 days after the date of

Any children's toy or childcare article:

enactment/10 Feb 2009

Dibutyl phthalate (DBP), Benzylbutyl phthalate (BBP) or Diethylhexyl phthalate (DEHP)

0.1

Any children's toy that can be placed in a child's mouth or childcare article

Di-n-octyl phthalate (DNOP), Diisodecyl phthalate (DIDP) or Diisononyl phthalate (DINP)

0.1

Requirement according to Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): a) Toys and childcare articles shall not contain more than 1,000ppm (0.1%) of each of DBP, BBP, DEHP, DIDP, DnHP. b) Children's toys and apparel, product shall not contain more than 1000ppm of DEHP.

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.: 0164099233e 001

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Sample Photos

- END -

Products

Test Report No.: 0164099233e 001

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1. Scope

1.1 These General Terms and Conditions of Business of TUV

1.2 The following terms and conditions apply to agreed services

1.3 Any standard terms and conditi ons of the client of any nat ure

2. Quotations

Unless otherwise agreed, all quotations submitt ed by TÜV

3. Coming into effect and duration of contracts

3.1 The contract shall come into effect for the agreed terms upon

3.2 The contract term starts upon the coming into effect of the

3.3 If the contract provides for an extension of the contract term, the

4. Scope of services

4.1 The scope of t he services shall be decided solely by a

4.2 The agreed services shall be performed in compliance with the

4.3 TÜV Rheinland is entitled to determine, in its sole discretion, the

4.4 On execution of the work there shall be no simultaneous

4.5 In the case of inspection work, TÜV Rheinland shall not be

5. Performance periods/dates

5.1 The contractually agreed periods/dates of performance are

5.2 If binding periods of performance have been agreed, these

5.3 Articles 5.1 and 5.2 also apply, even without express approval

6. The client’s obligation to cooperate

6.1 The client shall guarantee that all cooperation required on its

6.2 Design documents, supplies, auxiliary staff, etc. necessary for

6.3 The client shall bear any additional cost incurred on account of

7. Invoicing of work

7.1 If the scope of performance is not laid down in writing when t he

7.2 Unless otherwi se agreed, work shall be invoiced according to

7.3 If the execution of an order extends over more than one month

8. Payment terms

8.1 All invoice amounts shall be due for payment without deduction

8.2 Payments shall be made to the bank account of TÜV Rheinland

8.3 In cases of def ault of payment, TÜV Rheinland shall be enti tled

Rheinland in Greater China is made between the client and one or more member entities of TUV Rheinland in Greater China as applicable as the case may be (“TÜV Rheinland”).

including consultancy services, information, deliveries and similar services as well as ancillary services and other secondary obligations provided within the scope of contract performance.

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.

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

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 p erforming the requested services.

contract in accordance with article 3.1 and shall continue for the term agreed in the contract.

contract term will be extended by the term provided for in the contract unless termi nated in writing by either party with a sixweek notice prior to the end of the contractual term.

unanimous declaration issued by both parties. If no such declaration exists, then the written confirmation of order by TÜV Rheinland shall be decisive.

regulations in force at the time the contract is entered into.

method and nature of the assessment unless otherwise agreed in writing or if m andatory provisions require a specific procedure to be followed.

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 i nstallation 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.

responsible for the accuracy or checking of the safety programmes or safety regulations on whic h the inspections are based, unless otherwise expressly agreed in writing.

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.

periods shall not commence until the client has submitted all required documents to TÜV Rheinland.

by the client, to all extensions of agreed peri ods/dates of performance not caused by TÜV Rheinland.

part, its agents or third parties will be provided in good time and at no cost to TÜV Rheinland.

performance of t he 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.

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 cl ient. Even where a fi xed or maximum price is agreed, TÜV Rheinland shall be entitled to charge extra fees for such additional expense.

order is placed, invoicing shall be based on costs actually incurred. If no price is agreed in writing, invoicing shall be made in accordance w ith the price list of TÜV Rheinland valid at the time of performance.

the progress of the work.

and the value of the contract or the agreed fi xed price exceeds €2,500.00 or equivalent value in local currency, TÜV Rheinland may demand payments on account or in instalments.

on receipt of the invoice. No discounts shall be granted.

as i ndicated on the invoice, stating the invoice and customer numbers.

to claim default interest at the applicable short term loan interest rate publicly announced by a reputable commercial

February 2013

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

bank in the country where TÜV Rheinland is located. At the same t ime, 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.

8.6 Objections to the i nvoices 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 thi s 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 w hich the rise in f ees shall come into effect (period of notice of changes in fees). If t he rise in fees remai ns under 5% per contractual year, th e client shall not have the right to t erminate the contract. If the rise in fees exceeds 5% per contractual year, the client shall be entitled t o terminate the contract by the end of the period of notice of changes in fees. If the contract is not t erminated, the c hanged fees shall be deemed to have been agreed upon by the t ime 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

9.1 Any part of the work ordered which is complete i n itself may be presented by TÜV Rheinland for acceptance as an instalment. The client shall be obliged to accept it immediately.

9.2 If the client f ails to f ulfil i ts acceptance obligation immediately, acceptance shall be deemed to have taken place 4 calendar weeks after completion of the work provided that TÜV Rheinland has specifically made the client aware of the aforementioned deadline upon completion of the work.

10. Confidentiality

10.1 For 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”). Confidential inform ation also includes paper copies and electronic copies of such information.

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 i s disclosed orally, the receiving party shall be appropriately informed in advance and the disclosing party shall cconfirm in writing the confidentiality nature of the information within five working days of oral disclosure. Where the disclosing party fails to do so wit hin t he stipulated period, the receiving party shall not take any confidentiality obligations hereunder towards such information.

10.3 A ll confidential information which the disclosing party transmits or otherwise discloses to the rec eiving party during performance of work by TÜV Rheinland:

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 authorit ies, judicial court, accreditation bodies or third parties that are involved i n the performance of the contract;

c) must be treated by the receiving party wi th the same level of co nfidentiality 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 p arty only to those of its employees who need this information to perform the services required for the contract. The recei ving party undertakes to oblige these employees to observe the same level of secrecy as set forth in this confidentiality clause.

10.5 I nformation 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 di sclosed to the receiving party by a t hird party entitled to disclose this information; or

c) the receiving party already possessed thi s information prior to disclosure by the disclosing party; or

d) the receiving party developed it it self, i rrespective of disclosure by the disclosing party, shall not be deemed to constitute “confidential information” as defined in this confidentiality clause.

10.6 A ll confidential information shall remain the property of the disclosing party. The recei ving party hereb y agrees t o immediately (i) return all confidential information, including all copies, to the disclosing party, and/or (ii) on request by t he disclosing party, t o destroy all confidential information, including all c opies, and confirm the destruction of this confidential information to the di sclosing party in writing, at a ny 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 i nclude reports and certificates prepared for the client solely for the purpose of fulfilling the obligations under t he contract, which shall remain with the client. However, TÜV Rheinland is e ntitled to make file copies of such reports, certificates and confidential i nformation 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 F rom the start of the contract and for a period of three years after termination or expiry of the contract, the receiving party shall mai ntain strict secrecy of all confidential information and

shall not disclose this information to any third parties or use it for itself.

11. Copyrights

11.1 TÜV Rheinland shall retain all exclusive copyrights in the expert reports, test results, calculations, presentations etc. p repared by TÜV Rheinland.

11.2 The client may only use such expert reports, test results, calculations, presentations etc. prepared within the scope of the contract for the contractually agreed purpose.

11.3 The client may use test reports, test results, expert reports, etc. only complete and unshortened. Any publication or duplication for advertising purposes needs the prior written approval of TÜV Rheinland.

12. Liability of TÜV Rheinland

12.1. Irrespective of the legal basis, 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 l imited to: (i) in the case of a contract w ith 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 f or the possibility of placing individual orders, three tim es of the fee f or 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 t he foregoing provisions exceeds 2.5 Million Euro or equivalent amount in local currency, the total and accumulated li ability 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 l imitation 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 f or a person’s death, physical injury or illness.

12.3 In cases involving a f undamental breach of contract, TÜV Rheinland will be li able even wh ere minor negli gence i s involved. For this purpose, a “f undamental breach” is breach of a material contractual obligation, the performance of w hich 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 f oreseeable 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 Rheinl and. If TÜV Rheinland is not liable for the acts of the personnel made available by the cli ent 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 The limitation periods for claims for damages shall be based on statutory provisions.

12.6 None of the provisions o f this article 12 changes the burden of proof to the disadvantage of the client.

13. Partial invalidity, written form, place of jurisdiction and

dispute resolution

13.1 All amendments and supplements must be in writing in order to be effective. This al so applies to amendments and supplements to this clause 13.1.

13.2 Should one or several of the provisions under the c ontract and/or these terms and conditions be or become ineffective, the contracting parties shall repl ace the invalid provision wi th a legally valid provision that comes closest to the content of the invalid provision in legal and commercial terms.

13.3 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 i s legally registered and existing in the People’s Republi c 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 i s legally registered and existing in Taiwan, the contracting parties hereby agree that the contract and these terms and condit ions 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.

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

Unless otherwise sti pulated 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, t o China International Economic and Trade Arbitration Commission (CIETAC) to be settled by arbitration under the Arbitration Rules of CIETAC in force when the arbitration i s 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 a rbitration shall take place in Taipei.

c) in the case of TÜV Rheinland being legally registered and existing in Hong K ong, 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 fi nal and binding on both parties. The arbitrati on fee shall be borne by the losing party.

HomCom HMCO4420 Other

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