General Business Conditions

1、General

The conditions detailed in this document shall apply to the agreed services including information, deliv-eries and the like and to auxiliary services and other subsidiary contractual obligations performed in execution of the contract.

No general terms and conditions of the client shall form part of the contract even if they are not further expressly repudi-ated by TRHK (TüV Rheinland Hong Kong Ltd).

2、Offers

Until final conclusion of the contract or written confirmation of the order, offers made by TRHK, particularly as regards scope, execu-tion, prices and time limits, shall remain conditional and shall not be binding.

3、 Scope or performance

The scope of performance shall be decided solely by a unanimous declaration issued by both parties. If no such declaration exists, the written confirmation of order by TRHK shall be decisive.

TRHK shall be liable for performance specifications and undertak-ings or other declarations by its representa-tives or agents only if such declarations have been designated as binding by TRHK.

The agreed services shall be performed in accordance with the generally recognized rules of technol-ogy and in compliance with the regulations in force at the time of confirmation of the order - unless otherwise expressly agreed in writing.

On execution of testing operations there shall be no assumption of any guarantee of the correctness (proper quality) and working order of either tested or examined parts nor of the product as a whole. In particular, no responsibility shall be accepted for design, choice of materials and construc-tion of installations examined, unless these questions are expressly covered by the contract. This shall be similarly applicable to safety programs or safety regulations.

4、Performance times and deadlines

The performance times and deadlines agreed in the contract shall be based on estimates of the extent of the work according to particulars supplied by the client. They shall be binding only if TRHK gives express, written confirmation that they are binding.

5、 Cooperation

The client shall guarantee that all cooperation required of him, his agents or third persons will be provided in good time and at no cost to TRHK.

Design documents, supplies, auxiliary staff, etc. necessary for performance of the services shall be made available free of charge. Moreover, the cooperative acts of the client must correspond to the legal provi-sions, standards, safety regulations and accident prevention rules applicable in each case.

The client shall bear any additional cost incurred on account of work having to be redone or being delayed as a result of tardy, incorrect or incomplete information or lack of proper cooperation. Even where a fixed or maximum price is agreed, TRHK shall be entitled to charge extra for such additional expenses.

6、Confidentiality

TRHK and its employees are bound not to disclose any facts that come to their knowledge as a result of the order.

Written documents, drawings, plans, etc. made available to TRHK and relevant to the execution of the order may be copied (photocopied) for the records of TRHK.

7、 Copyrights

All copyrights including joint copyrights to expert reports, test results, calculations, etc. produced by TüV Rheinland shall remain with TüV Rheinland.

Expert reports, test results, calculations, descriptions, etc. pro-duced in connection with the order may be used by the client only for their agreed intended purpose.

8、Acceptance

Any part of the work ordered which is complete in itself may be presented by TRHK for acceptance as an install-ment. The client shall be obliged to accept it immediately. If the client fails to fulfill the client acceptance obligation immediately, acceptance shall be deemed to have been taken place four calendar weeks after perform-ance of the work.

9、Liability

The liability of TRHK for all damage in connection with a contract shall be limited to a total of Hong Kong Dollar 500 thousands for personal injury and damage to property, unless the damage was caused inten-tion-ally or by gross negligence.

This limitation on liability shall not apply to the absence of guaran-teed qualities.

The limitation on the liability of TRHK shall be similarly applicable to its employees, agents, managerial staff, and constituent bodies. TRHK shall not be liable for personnel made available to it by the client for the inspection of prod-ucts or the inspection or supervision of an installation or facility operated by t he client unless the personnel made available are deemed to be agents of TRHK. Where TRHK is not liable for personnel made available in accordance with the preceding sentence, the client shall indemnify TRHK for any claims by third parties.

TRHK is not liable for any damage the Client suffer as a result of the non-granting, suspension or withdrawal of a certificate.

The limitation period for compensation claims shall be in accor-dance with the statutory provisions. Notwithstanding this pro-vi-sion, a three-year time limit shall apply to claims for compensa-tion arising from posi-tive breach of contract.

10、Other provisions

The contractual relationship shall be governed by Hong Kong SAR law and, for subsidiaries, by the respective national law. The place of performance shall be the place where the agreed services are to be performed, or otherwise the registered offices of TRHK.

In order to be effective, subsidiary oral agreements must be con-firmed in writing. Contract amend-ments and additions including an amendment to this written form clause must be in writing in order to be effective.

If individual provisions or parts of provisions of this document should become ineffective, the effectiveness of the remaining provi-sions shall be unaffected. Instead of the ineffective provision or ineffec-tive part of a provision, an effective provision, which corre-sponds to or comes nearest to the sense and intention of the ineffective provision, shall be deemed to have been agreed.

Registered place of business:

9/F., Oriental News Building 7 Wang Tai RoadKowloon Bay , Kowloon , Hong Kong

Tel: 852-2192 1000

Fax: 852-2192 1001