Testing and Certification Regulations ofTÜV Rheinland LGA Products GmbH (TRLP)1
Contents
1. Scope of Application
2. Contractual Basis
3. Testing Regulations
4. Certification Regulations
5. Periodic Inspections
6. Market Control
7. Violations of the Testing and Certification Regulations
8. Appeals and Complaints
9. Copyrights and rights of use, publication
10. Damages and Reimbursement of Expenses
11. Confidentiality
12. Data Protection Notice
13. Force Majeure
14. Other
15. Taking Effect
1. Scope of Application
The Testing and Certification Regulations govern all services
rendered by TRLP, as conformity assessment body, to third parties.
These services include in particular:• The testing and assessments of products, components, technicalproduct designs in their different stages of development,
preparation of technical reports and expert opinions. Services areprovided with regard to aspects such as safety, usability, quality
and environmental compatibility on the basis of legal regulations,
national, European and international standards, TÜV Rheinland
testing principles as well as specifications agreed upon with theclient. Furthermore, manufacturing facilities are appraised andinspected with regard to quality measures in connection with theaward of TRLP test marks, with conformity assessments in linewith EC Directives or regulations and in connection with approved
quality management/quality assurance systems. These services
are hereinafter referred to as "testing".
• Quality management (QM) and quality assurance (QA) audits,
preparation of audit reports, hereinafter referred to as "auditing of
QM systems".
• The evaluation and recognition of test and audit reports, review oftechnical documentation, certification of products and QM and QA
systems, hereinafter referred to as "certifications".
• Confirmation of an assertion by providing objective evidence thatthe requirements for the specific intended future use or application
have been met, hereinafter referred to as "validation".
• Confirmation of an assertion by providing objective evidence thatspecified requirements have been met, hereinafter referred to as"verification".
2. Contractual Basis(1) The ordering party, hereinafter referred to as "client", places anorder with TRLP or with a subsidiary of TÜV Rheinland AG operatingin the field of work of TRLP, hereinafter referred to as “subsidiary”.
The order may be for testing or for auditing of a QM system withoutcertification or with subsequent certification, or it may be forcertification alone or for validation or verification. If the order includes
a certification, validation or verification, a "General Agreement" must
be concluded between TRLP and the client. Orders may be placedby e-mail or in writing and do not require a particular form.
(2) With each order a client places with TRLP, the client accepts as
an essential element of the contract the version of the General Terms
and Conditions of TRLP as binding that is the current version at thetime of placing the order. Furthermore, when placing an order for
testing, the client accepts the Testing Regulations (article 3) asbinding; when placing an order for certification only, the client accepts
the Certification Regulations (article 4), and when placing a testing
and certification order, the client accepts the version of the Testing
and Certification Regulations of TRLP as binding that is the current
version at the time of placing the order.
(3) The services owed under the contract and under these Testing
and Certification Regulations are conclusively agreed upon in thecontract with the client. Third parties may not derive any rights toservices, claims or intellectual property rights from the contract andshall have no claims in the event of breaches of contract by one ofthe parties.

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3. Testing Regulations
3.1 Site of Testing(1) Tests are generally carried out in the laboratories of TRLP. In
consultation with the client, other test locations including clientslaboratories may also be agreed upon if these test locations provide
adequate competence and proficiency for carrying out the tests andif an assessment by TRLP or a body commissioned by TRLP or by
the subsidiary has furnished evidence of such competence andproficiency and if it is in line with the certification procedure to be
applied. The decision about the test location lies with TRLP. The
decision on the test location does not affect the contractual place offulfillment within the meaning of article 4 of these Testing andCertification Regulations.
A commitment given to carry out tests in laboratories which do notbelong to TRLP or the subsidiary may be revoked by TRLP or by abody appointed by TRLP, in particular if compliance with the relevant
standards defining competence requirements for testing laboratories
is no longer ensured.
(2) If employees of the client participate in the performance of thetests, these employees may only participate in the presence andunder the supervision of an expert from TRLP or the subsidiary. In
this case, the client releases TRLP or the subsidiary from any ThirdParty claims for damages in the event of an employee of the client
committing a breach of duty, either deliberately or through negligenceduring testing. This indemnity obligation covers costs both in and outof court.
3.2 Evaluation activities(1) After placing the order, the client shall supply TRLP or thecommissioned subsidiary with the amount of test samples needed,
free of charge. If required, additional test samples can be requested
by TRLP or the subsidiary free of charge. In addition, for a productcertification or QM/QA certification, the client must submit thecomplete technical documentation required for the evaluation (suchas constructional data form, risk analysis, operating instructions,certificates on related safety relevant components used or othertechnical documentation A one-time product evaluation of the
supplied sample(s) will be conducted. If an inspection order is
accepted, no statement can be made on the outcome of theinspection in advance.
(2) As a rule, technical documents (e.g. technical documentation) tobe submitted to TRLP must be in German or in English. After previous
consultation, the client may also submit the documents in anotherlanguage e.g. in an official language of the European Union. In thiscase, however, TRLP reserves the right to either ask the client tohave individual passages translated into German or English, or totranslate the texts themselves and charge the client accordingly. The
same applies if accreditation bodies and authorities request
translations from TRLP.
(3) In the event that the documents and technical documentation inaccordance with point 3.2 were created with the help of artificial
intelligence (AI), this must be marked and communicated.
(4) Test samples are tested on the basis of statutory provisions andregulations, TÜV Rheinland testing principles and any requirements
agreed upon with the client.
If no norms, standards or statutory provisions exist on the nature andscope of testing, TRLP together with the client, or shall decide on atest program. The decision rule for statements of conformity will betaken in accordance with ILAC GC8:2019 and ISO Guide 115:2021.
provided that nothing else is specified in the standards orcontractually agreed and documented in the test report.
(5) Test orders are processed on condition that all necessary
documents and test samples are submitted in full. This applies to bothproduct tests and QM/QS system audits.
(6) The client shall cover any additional expenses incurred bysubmitting incomplete test documentation, or by re-testing anddelayed testing/ audits due to delayed, incorrect or incomplete
information or improper assistance by the client. In such cases, TRLP
reserves the right to cancel the audit/audit.
TRLP or the subsidiary shall only be liable for damages to or the lossof test samples that are the result of burglary, theft, water, fire ortransport if they act with gross negligence. TRLP or the subsidiary
shall not be liable for the damage or destruction of test samples orouter packaging as a result of testing.

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(7) For QM/QA audits, the QM documentation and, if applicable, any
technical documentation of products that are covered by thecertification, must be provided in advance. To test the QM/QA system
for its effectiveness, audits on the client’s premises are conducted
either at once or in several steps. If documents and documentations
are submitted demonstrably incomplete or too late, the entire testing
and certification project will be canceled. Any expenses incurred willbe the responsibility of the client.
(8) If a product submitted for testing by a client turns out indisputably
and verifiably to be a result of plagiarism, TRLP reserves the right tostop testing and to bill any incurred expenses. The fact that a productis a plagiarism can be proven solely by submission of a legally binding
final judgment that does not allow for appeal. In addition, acontractual penalty may be asserted under clause 7 (2) of these
Testing and Certification Regulations.
(9) Upon completion of the test procedure, the client shall receive
written notification or, by special request, a full test report listing thenon-conformities, if any. There will however not be any suggestions
for possible solutions. If either only individual components of a test
specimen were tested or the entire test specimen was only tested
with regard to individual aspects (partial test), no statement can bemade about the properties of the product as a whole.
(10) The client may disseminate test reports validation andverification reports etc. only in complete and unabridged form. If. If
the customer has not refused to attach a reference to an
accreditation, the disclosure of a report to third parties is not
permitted either in part or in full. In each individual case, a publication
or reproduction for advertising purposes or any further use of the test
results beyond the scope regulated in section 9 para 2 requires theprior written permission of TRLP. For the avoidance of doubt, it isstated that the clients is responsible for any publication or duplicationof the test results for promotion purposes.
(11) If the client wishes the product testing to result in a test markcertificate and if the course of the test indicates a positive result,
TRLP shall perform, in co-ordination with the client, an inspection of
the factory where the products are produced during which the
manufacturing process, assembly and test facilities, and quality
measures are inspected that are required to continuously meet aquality level consistent with the one of the type initially evaluated.
Testing based on applicable regulations or the specifications of the
TRLP certification body involves a receiving inspection and testing,production control, in-process inspection and testing, and final
inspection and testing. The Product Safety Act stipulates that the GS
Mark will only be awarded if a qualified goods-in and end-productinspection has been carried out that corresponds to the type to becertified. If the product to be manufactured or to be certified is notproduced during the initial factory inspection, an early follow-up
inspection may be performed after three months. To safeguard the
GS Mark, the Accreditation Body may demand, in certain individual
cases, that additional measures provided for be taken (for more
information, see ZEK decision 2017-01).
Product certification will not take place if the request for an initialfactory inspection is declined.
(12) If the client desires a certification following successful testing of
his product or successful completion of the audit of the QM/QA
system, the technical documentation and, if necessary, also thereport on the initial factory inspection will be submitted to theCertification Body for certification.
(13) Performed conformity assessments neither release the customer
from the contractual warranty obligation due to defects nor from thelegal product liability obligation or the assessment and monitoring offoreseeable misuse.
(14) TRLP or the subsidiary expressly reserves the right to publish,e.g. in the form of reference lists, the trading names of clients which
operate businesses. A special consent by the client is not required.
(15) Test reports issued for the client must not be altered by the client.
A test report only applies to the product sample mentioned in the test
report. Without permission by TRLP a test report may not be
published or duplicated in part. A test report does not authorize theuse of test marks.
3.3 Retention of Test Samples and Documentation(1) The test samples submitted by the client to TRLP for testing will
be scrapped following testing or will be returned to the client at theclient's expense. The only exceptions are test samples, which areplaced in storage on the basis of statutory regulations or of anotheragreement with the client. The storage of the test samples is subject
to a charge.
(2) If the client decides to collect his test samples after testing insteadof returning them to TRLP and does not collect his test samples within
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three (3) months after testing, the test samples will be scrapped. The
costs of scrapping as well as the costs for storage until scrapping will
be charged to the customer.
(3) The costs of handing over and sending the test samples forstorage at the customer's premises shall be borne by the customer.
(4) If reference samples or documentations are given to the client tobe placed in storage at their premises, the reference samples ordocumentations must be made available to TRLP upon request
promptly and free of charge. If the client, in response to such arequest, is incapable of making available the reference samples
and/or documentation, any liability claims for material and pecuniary
damage resulting from the respective testing and certification that isbrought forward by the client against TRLP shall be voided.
(5) TRLP shall be liable for the loss of test or document samples fromthe laboratories or warehouses of TRLP only to the extent that TRLP
can be accused of gross negligence.
(6) The general retention period of documentation is ten (10) years
or is based on the applicable legal provisions for the respective
EU/EC certificate of conformity or on the corresponding certification,
validation and/ or verification program.
4. Certification Regulations
These certification regulations described here also describe therequirements for participation in verification or validation programs. If
the term “Conformity assessment” is used in the following, this term
includes certification, validation and verification.
When the term "Conformity assessment body” is used, it also
includes the validation and verification body in addition to thecertification body. The term "Attestation of conformity” or its
abbreviated form "Attestation” includes the terms certificate,validation statement and verification statement.
4.1 Basic Requirements(1) A formal application may be required for participation in certain
Conformity assessment programs. Furthermore, authorities or
Conformity assessment scheme owners may impose requirementson TRLP as to who may submit an application. Failure to comply withthe requirements will result in no formal application.
(2) If the certificate holder does not wish to market a product under
its own name, it must document in the form of a document in the formof a "declaration of origin" under which mark of origin under which heintends to market the product. If the customer orders an EU/ EC
certificate of conformity (e.g.EU/ EC type-examination certificate), he
has to provide the notified body that he has not submitted the same
application to any other he has not submitted the same application to
any other certification body/designated body.
(3) As a rule, only test reports from laboratories that have been
accredited by an ILAC Member Body in accordance with the rules of
EN ISO/IEC 17025 or that verifiably operate in accordance therewith
may be used as a basis for assessments within the scope of the
Conformity assessment. For some Conformity assessment schemes,
authorities or other Conformity assessment scheme owners may
impose additional requirements on the testing laboratories (e.g.
official recognition).
(4) The Certification Body of TRLP preferentially carries out
assessments and certifications on the basis of the reports of TRLP or
the subsidiaries. Test reports from other testing laboratories may also
be taken into account if the underlying certification scheme permits
this and if these test reports, which are generally checked by TRLP.
For this purpose, a current test specimen must also be submitted
together with the test report.
(5) As a general rule, test reports which are to serve as a basis ofConformity assessment may not be older than one year at the timeof the certification and must be based on valid applicable standards.
Deviating from point 4.1. para. 5 sentence 1, it is sufficient in the CB
Scheme that test reports are based on the valid applicable standards.
(6) Permission to use the Attestation of conformity applies only to theholder and only with respect to the product and the manufacturing
facilities stated in the Attestation of conformity as well as validationand verification statement and the scope covered by the QM/QS
system. Product related Attestation of conformity may be limited tocertain quota or lots. It is always possible to restrict the validity of theAttestation of conformity.
(7) Fees shall be paid by the certificate holder for the participation in
the Conformity assessment system and for the issue of Attestations.
In addition, license fees, either staggered by units or based on a flatfee, shall be paid annually for maintaining and archiving theAttestations of conformity and for the use of test marks and validationand verification labels. The Conformity Assessment Body of TRLP

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may demand prepayment of both the Conformity assessment fee andthe license fees prior to certification.
(8) An awarded Attestation of conformity does not release thecustomer from the contractual warranty obligation due to defects, norfrom the legal product liability obligation, nor from the assessmentand monitoring of foreseeable misuse.
(9) The Conformity Assessment Body of TRLP reserves the right torelease a list of assessed products and granted Attestations ofconformity for informational purposes to interested parties atwww.certipedia.com. This covers in principle and includes thecontent of a valid Attestation of conformity issued, with the exceptionof the information on the manufacturing site. It will do so in particularin its capacity as "Notified Body" or "Authorized Body” A special
consent by the certificate holder is not required.
(10) Particularly in case of modifications to the test specifications
and/or the prerequisites of Conformity Assessment or in case of
violations against the rules of the Conformity Asessment system by
the client, TRLP shall have the right to terminate the Attestations ofconformity at any time. In serious cases, it may declare theAttestations of conformity invalid with immediate effect. This also
applies to EC/EU certificates of conformity and recognitions orapprovals of QM/QA systems. The Conformity Assessment Body
reserves the right to publish certificates it has declared invalid or
withdrawn. The consent of the previous holder of an Attestation ofconformity is not required.
(11) If changes are made to the test specifications and/or Conformity
assessment requirements, it may be possible/ necessary to carry out
a retesting following consultation with the client even if the Attestationof conformity is still valid. If the client declines the retesting, theAttestation will be canceled. The testing requirements may also bechanged when the test is already underway. The product must thenbe tested and evaluated in accordance with the new testing
requirements. No test mark and / or validation and/ or verification
label will be issued on the basis of the previous testing requirements.
(12) If an Attestation of conformity is about to expire neither TRLP nor
its subsidiary is obligated to prepare a new quotation for the renewal
or extension of the expiring Attestation of conformity.
(13) Attestations of conformity issued for the client must not bealtered by the client in any way. The client may not issue sub-licenses
for his Attestation of conformity or test mark approvals to any third
parties.
(14) In the event that the documents and technical documentation forvalidation or verification were created with the help of artificial
intelligence (AI), this must be identified and communicated.
4.2 Types of Attestations of conformity(1) On the basis of the positive assessment and evaluation of test
and audit, validation and or verification reports and, if applicable,
further documentation, the Conformity Assessment Body issues thefollowing Attestations of conformity in particular:(a) GS Mark certification according to the Product Safety Act(ProdSG) as a "GS-Body"(b)Test mark award for private test marks of TRLP(c)Product certificates according to the European Standards
Conformity Agreement (ENEC) and the international IEC Agreement(CB Scheme)(d)EC/EU type examination certificates according to European
regulations or European directives translated into national legislation
as a Notified Body(e)EC/EU design examination certificates according to European
regulations or European directives translated into national legislation
as a Notified Body(f)EC/EU certificates of conformity according to European regulations
or European directives translated into national legislation as a
Notified Body with respect to European directives or type conformity(g)QM/QA system certificates according to European regulations orEuropean directives translated into national legislation as a Notified
Body(h)QM/QA system certificates in areas not regulated by law(i) Product certification on the basis of an audit or inspection(j)Certificates of conformity according to European directives (module
A of the conformity assessment procedure) with respect to standards
or certain regulations.
(k) Validation or verification statements confirming assertions madeby the customer. The individual validation or verification program andthe service agreement with the customer specify whether the issued
certificate entitles the customer to use a validation or verification
label.
(2) Attestations of conformity alone do not authorize the use of a test
mark of TRLP. If test marks of TRLP are to be used, they must always
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be combined with a separate test mark approval. Any advertising
using Attestations of conformity requires the express writtenagreement of the Certification Body.
(3) A test mark or a validation or verification label or a test report thathas been granted does not allow a conclusion about the marketabilityof the tested and certified product.
(4) The form of the test mark or verification or validation label is
specified in the respective general terms of use. validation label is
specified in the respective general terms of use.
(5) Certificates for QM/QA systems are issued only if the audits havebeen completed successfully. If the directives and regulations require
EC/EU type examination certificates or EC/EU design examination
certificates as a precondition for the award of the QM/QA system
certificates, those must be submitted for the certification process.
(6) Certificates for QM systems provide evidence of• conformity to standards e.g. ISO 9001, ISO 13485,• successfully conducted conformity assessments through a Notified
Body,• the scopes of application of products/product categories.
4.3 Client Rights arising from Certifications(1) For the duration of the validity of the issued test mark approvals
and/or existing QM system certifications and or validations and/ orverifications, the client has the right(a) to affix test marks respectively verification and/ or validation labelson his certified products following successful testing and certificationand once they have been approved for use,(b) to use the approved test marks for product-related advertising inprinted matters or similar items,(c) to use Attestations of conformity in advertising campaigns without
altering such Attestations(d) to use marks related to the certification of the QM system inbrochures, business letters and printed matters. However, in thiscase the client is not permitted to attach these marks to his products
or products packaging. In this context, reports such as laboratory test
reports, calibration certificates, and inspection reports shall also be
counted as products (see ISO/IEC 17021).
(e) to use EC type examination certificates (module B) and EC/EU
certificates of conformity (module F or G) within the scope of theconformity assessment procedure,(f) to use the TRLP's EU "Notified Body" identification number 0197
for CE marking provided the QM/QA system for the production has
been approved according to the requirements of the directives orregulations.
(g) the client has the right to apply for so-called co-certificates for its
products if they are to be sold under a different trademark or company
name or a different type designation/ article number, insofar as thisis legally permissible. The co-certificates are subject to the samerequirements as the certificates on which they are based(2) The advertising activities mentioned under letters (a) through (f)are not intended to guarantee the contractual fulfillment by TRLP or
the subsidiary vis-à-vis the business partners of the client or to justify
trust with third parties in this regard. They do not contain any
assurance by TRLP or the subsidiary of the properties regarding the
products actually placed on the market.
(3) Additional advertising by the client which refers to the activities of
TRLP needs to be agreed to by TRLP. Any further use of testing andcertification results beyond the scope regulated in section 4.3 para 1a) – f) and 9 para 2 requires the prior written consent of TRLP in eachindividual case. This applies in particular to advertising referring to
the testing or certification services of TRLP which the client has
obtained without any legal obligation and without request by theauthorities, i.e. on a voluntary basis. The client shall be solely
responsible for designing his advertisements, publication andreproduction of its certification results for advertising purposes andhereby waives all claims for compensation and repayment ofexpenses towards TRLP, if he uses a TRLP test mark for advertising
purposes. The client shall indemnify TRLP against any claims madeby third parties. TRLP may revoke a once given approval according
to section 4.3 para 1 a) - f) at any time without stating reasons. In thiscase, the client is obliged to stop the transfer of the certification
results immediately at his own expense and, as far as possible, towithdraw publications.
(4) The client is not authorized to issue sub-licenses that are basedon the licenses or test mark approvals issued by TRLP.
4.4 Client Obligations arising from Attestations
For the duration of the validity of the issued test mark approvals
and/or existing QM system certifications and as far as applicable

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TRLP validation statements and verification statements, the client
has the obligation(1) to continuously monitor the manufacturing of the certified products
to ensure consistence with the approved types.
(2) to ensure that production or products can be inspected at regularintervals by TRLP or the subsidiary as part of the test mark licenses
issued.
(3) to conduct product development and run the production in strict
compliance with the approved QM/QA system.
(4) to take into account the findings of the recurrent production or
product inspections and of surveillance audits conducted by TRLP or
the subsidiary.
(5) to notify the Conformity Assessment Body beforehand of any
changes the client intends to make to the product, whether throughfurther development of the product or through the replacement ofcomponents or materials, the change of the intended use or thechange of performance characteristics; and to obtain the approval of
the Conformity Assessment Body. The continued test mark approval
as well as TRLP validation and verification statement depends on the
results of an additional test and/ or other evaluation that may have to
be carried out.
(6) to notify the Certification Body of any major changes in the QM/QA
system. If the Certification Body is not informed about these changes
and/or if the relevant proof of the changes is not submitted promptly,
all affected certificates shall be withdrawn. Upon request, relevantinterpretation documents, if available, can be made available to thecertificate holder.
(7) to record and archive all complaints from the market or third
parties about the product. At the request of the Certification Body theclient must make these details available and provide information on
the remedial measures taken.
(8) to notify the Conformity Assessment Body promptly about any
intended relocations of inspected manufacturing facilities or about
any intended transfer of its firm to another firm or another firm owner.
If changes are made to the company name or legal form,a new General Agreement must be signed and Attestations ofconformity concerned shall be rewritten to reflect the changes at theclient's expense. If the address changed within the same country,
signing of a new General Agreement is not necessary and theAttestation of conformity shall be rewritten at the client's expense.
(9) to accept the requirements set out in the Product Safety Act withregard to measures for surveillance.
(10) if the client as the holder of an Attestation of conformity is not the
manufacturer of the product, to reach a contractual agreement withthe manufacturer of the product about fulfilling the requirements
essential for manufacturing the product including the acceptance ofany required control measures.
(11) to immediately remedy any deficiencies with regard to thespecified requirements entitling the holder to CE marking and to beara TRLP mark of conformity respectively validation or verification
label, in particular safety deficiencies in products that subsequently
become apparent, and to take appropriate measures to minimize
damage in the market. The client must in any case stop immediately
the marketing of the defective products and notify the TRLP.
(12) a Conformity assessment notwithstanding, to meet his reporting
obligations to the authorities as manufacturer or as party placing the
product on the market either by himself or through his authorized
representative.
(13) to permit witness audits on the client’s manufacturing premises
and those of his subcontractors by the Accreditation Body and/or
notifying authority of TRLP, under involvement of representatives of
the EU Commission, when indicated. The client shall commit his
subcontractors to that effect.
(14) if changes were made to a certified, validated or verified product,
to define a new type designation for that modified product if it is also
to be certified.
(15) to accept that TRLP has the right by virtue of reporting
obligations imposed by law or by authorities, to pass on information
about the Attestation of conformity which has come to its knowledge.
At the request of the Accreditation Body and/ or competentauthorities, information, documentation etc. concerning both thecontract with the client and the subject of the contract may be passed
on to those authorities. This includes, in particular, information about
the performance of audits, the granting and withdrawal of Attestationsof conformity, etc. and incidents and measures to protect against
risks, which are indirectly or directly related to the evaluated products
and/or QM/QA systems. TRLP reserves the right to debit to theclient’s account any costs incurred for identifying and clarifying such
incidents.
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4.5 Restriction, Suspension, Expiration and Declaration ofInvalidity of Attestations of conformity and of the General
Agreement
Definition of terms:• Restriction:
Restriction of the original scope of the Attestationof conformity• Suspension:
Invalidity of the Attestation of conformity for acertain period of time not longer than twelve (12)months maximum• Withdrawal:
Permanent Invalidation(1) Attestations of conformity shall expire if(a) the validity period stated on the Attestation of conformity has
expired,(b) the holder of the Attestation of conformity or TRLP terminates the“General Agreement” or if the holder of the Attestation of conformity,(c) the holder of Attestation of conformity renounces individual test
mark certificates and notifies the certification body of this in writing,observing the notice periods,(d) TRLP terminates the Attestation by virtue of changes to theaccreditation and/or notification regulations and/or the test
specifications and/or abandonment of the Conformity assessment
program for economic reasons or of changes in the use of the productwith a maximum notice period of three (3) months.
(2) Attestations of conformity may be restricted, suspended, orwithdrawn by TRLP at any time with immediate effect if(a) The product placed on the market poses a risk to end users or
third parties.
(b) The product placed on the market no longer corresponds to thetested type respectively the validation-/ verification statement(c) End users or third parties are exposed to risks resulting fromproducts manufactured under an approved QM/QA system.
(d) At the time of the test, validation, verification or audit in particular
facts, information, norms, standards and specifications were either
not seen or were seen/evaluated incorrectly or were not evident, andif this would have precluded a statement in an Attestation ofconformity. This includes e.g. the wrong categorization of products incertain risk classes or the wrong classification by category of use.
(e) Defects or deficiencies in the product or system which come tolight later or are not noted during periodic inspection or checks ofproducts already on the market or on other occasions are not rectified
by the holder of the Attestation of conformity within a reasonable
period.
(f) The holder of the Attestation of conformity cannot ensure that his
products are manufactured in a way that is consistent with thecertified product.
(g) Accreditations or notifications have expired or been canceled.
(h) The holder of the Attestation of conformity does not have theperiodic inspections carried out according to the procedures specified
in the Product Safety Act (ProdSG), the accreditation regulations, theEuropean directives and regulations or the Testing and Certification
Regulations of TRLP or if he holds up or restricts the proper executionof the periodic inspections.
(i)Attestations of conformity or copies thereof have been changed
and thus been forged.
(j) The holder of the Attestation of conformity uses existing test marklicenses, validation or verifications statements or CE markings also
for non-approved products or products that are not covered by the
QM system.
(k) Test reports, Attestations of conformity or test marks or validationsand verification statements are used for any misleading or otherwise
not permissible advertising.
(l) If it is discovered that the certified respectively validated or verified
product is indisputably or verifiably a plagiarism.
(m) The holder of the Attestation of conformity fails to pay fees fortests or other evaluations carried out beforehand that are due by the
stipulated deadline following a reminder. If the fees refer to several
Attestations, the TRLP decides which certificates the measure shallcover.
3) The TRLP has the right to terminate the General Agreement
concluded with the holder of the Attestation without notice if
certificates, validation or verification statements, test reports or
copies thereof are altered or falsified.
(4) Before declaring an Attestation as restricted, suspended orinvalid, the Conformity Assessment Body shall give the client theopportunity to state its views, unless such a hearing is impossible
owing to the urgency of the measures to be taken. No hearing willtake place if the reason for the declaration of invalidity is the expiry
or cancellation of the accreditation.

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(5) The holder of an Attestation automatically forfeits the right tocontinue to label the products listed on the Attestation of conformity
with marks of TRLP or, for CE marking, to use the EU Notified Body
ID number for products which are affected by the restriction orsuspension or which have expired by notice of termination on aparticular date or have been declared invalid at short notice. Upon
request by the TRLP the former Attestation holder returns the invalid
original Attestation to TRLP.
(6) The Conformity Assessment Body must respectively reserve theright to publicize restrictions, suspensions, declarations of invalidity
and withdrawals and the expiry of product and QM/QA system
certificates as well as validation and verification statements. Upon
request, but in particular in case of violations, the Certification Body
must disclose to the competent regional authority, regulatory
agencies, Accreditation Bodies, other "Authorized Bodies" and"Notified Bodies", the EU Commission and to the licensing authorities
the name and address of the client, the nature of the violation or thereason why the certificate has been declared invalid, including, whereappropriate, information about the product etc. This also applies if theof an Attestation of conformity is withdrawn on the basis that the
product is a plagiarized product.
See Item 4.1 para.9 for information about the validity of Attestationsof conformity.
(7) TRLP shall not be liable for any damage the client may incur as aresult of the non-granting, the restriction, suspension, termination or
the declaring invalid and revocation of a certificate, nor for the
publication of the aforementioned measures (see section 4.5 para 6).
4.6 License fees
A license fee is payable for the permission to use the test marks andvalidation and verification labels of TRLP, approved QM/QA systems
and EC/EU certificates of conformity in combination with TRLP
Notified Body ID number (0197). For this fee, holders of Attestations
will also be kept informed of amendments to the evaluation principles
that affect their certified, validated or verified product or their QM/QA
system. The license fee amount is dependent on the type of
certificate.
License fees for test mark certificates, validation or verification labels
and QA system certificates shall be charged for the first time oncethe certificate is awarded. License fees for test mark certificates and
QA system certificates issued after February 1 shall be charged
proportionally for the current year. License fees for QM system
certificates shall be charged for the first time in the year following theaward of the certificate.
Amendments or cancellations which are to be taken into account in
the calculation of the license fees for the following calendar year must
be received by TRLP by November 15 of the current year. If
Attestations are terminated in the course of the year, no proportional
reimbursement of the license fees shall be made.
5. Surveillance
5.1 Surveillance of Product Certifications(1) In order to ensure and maintain consistent product quality of thecertified products, TRLP shall carry out regular, generally annual,surveillances of the certified products, see ZEK Resolution 2017-01.
Within the framework of the regulatory requirements, the main
surveillance method are inspections of the production sites (factoryinspections). Product controls or similar procedures may be used as
an alternative. Unless there are regulatory guidelines, TRLP decides
about the procedure to be used.
If a certification program requires the monitoring of the QA system,
this monitoring is mandatory. At least one of the products covered by
the certification must be presented during the factory inspection. If
none of the products covered by the certification can be presented,
TRLP decides, whether a different or an additional surveillancemethod must be applied.
(2) In order to minimize the effects of unforeseen circumstances
beyond the control of the client or of TRLP or the subsidiary on theclient's certification procedures, e.g. epidemics or pandemics,
surveillance audits may exceptionally be carried out as remote auditsin accordance with the methodology defined in document IAF
MD4:2018 of the International Accreditation Forum (IFA). For thispurpose, the customer shall provide a suitable platform, in a format
compatible with the software and technology in use on the market, toenable the remote audit to be carried out. The customer shall also
ensure that sufficient personnel are made available to ensure that the
remote audit is carried out.
TRLP reserves the right to conduct an additional on-site audit or an
additional product test.
1(3) If non-conformities come to the attention of the Certification Body
during the inspection or through product-related information fromthird parties or through other channels, the Certification Body may
shorten the inspection intervals. Any associated additional costs will
be charged to the client. In special cases, the Certification Body mayorder a product control test to be carried out prior to the initial
shipment of the products.
(4) In addition, TRLP or the subsidiary may at any time inspect
without advance notice the products, factories and storage facilities
specified in the certificate (for foreign certificate holders this also
includes the storage facilities of the importers or of the German
agents and the branch offices). For monitoring purposes, TRLP or
the subsidiary may remove, free of charge, products for which a
certificate has been granted and also carry out sample checks infactories and storage facilities.
(5) The TRLP may commission other independent and qualified
persons or authorities to carry out monitoring on their behalf.
5.2 Surveillance of QM/QA System Certifications(1) Within the scope of a certified QM/QS system, there is an
obligation to enable surveillance audits by TRLP or the subsidiary
within 12 months after initial certification and at least once percalendar year, usually at 12-month intervals, in order to verify theeffectiveness of the QM/QS system on a random basis in the definedareas of validity. The monitoring cycle of 12 months is mandatory formonitoring according to the EU regulations for medical devices andinvitro diagnostics. Non-compliance with the monitoring periods canlead to withdrawal of the certificate. For an extension of a QM system
certification beyond the end of its validity a request for extension anda recertification audit are required.
(2) TRLP has the right to conduct audits on short notice orunannounced at any time at the premises of the certified client,
manufacturer or their subcontractors/suppliers in accordance with theapplicable national or European regulations, to perform product tests
as part of the audit or to have product tests performed, and to draw
product samples. It is the obligation of the holder of the certificate toprovide access to his production facilities or to those of his supplier(s)at any time and to ensure that product tests can be performed andproduct samples can be withdrawn. The costs for unannounced
audits, the withdrawal of samples and testing of the samples shall becharged to the certificate holder.
5.3 Costs of Surveillance(1) The costs of carrying out inspections, and for surveillance andrepeat audits of the QM/QA systems shall be invoiced to thecertificate holders. This can be also done against prepayment.
(2) The costs for the coordination of inspections and for trademark
surveillance are invoiced annually together with the license fee.
(3) Costs for regularly scheduled factory inspections or for scheduledalternative procedures are billed at the price quoted in the respective
quotations.
(4) The certificate holder has to bear the cost of unannounced audits,
sampling and testing of samples.
(5) Additional surveillance methods, such as retesting, that may
become necessary based on the detection of non-conformities during
the factory inspection or other, additionally required monitoringprocedures, see chapter 5.1 (1) and 5.2, will be invoiced at cost
incurred and are specified by TRLP or the subsidiary according to §315 BGB. If the client cancels a scheduled and agreed-uponinspection appointment at short notice (within 1-5 days of thescheduled appointment), the applicable fixed price or a lump sum of
costs that have already been incurred will be invoiced.
6. Market Control(1) The Certification Body may remove from the market at any time,
for check tests, products that carry a TRLP test mark, validation orverification label or a CE marking using the EU Notified Body ID
number of TRLP.
(2) If deviations with respect to the certified types or verified/ validated
assertions or defects in products manufactured within the scope of acertified QM/QA system are found during control tests, the Attestation
holder will receive a written report on the outcome of the check test
and will be asked to rectify the defects or will receive a letter ofconsultation on the deficiencies found. Market control measures maylead to measures according to 4.5. para. 2.
(3) TRLP may carry out further activities to check the validity of issued
Attestations or their scope (e.g. checking validity of the certificate incase of incidents that have occurred with the product or fieldcorrective measures initiated by the holder of the Attestation ofconformity).

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(4) The holder of the Attestation has to bear the whole of the costs ofthe monitoring measures.
7. Violations of the Testing and Certification Regulations(1) In the event of culpable violations of the Testing and Certification
Regulations by the client, the Conformity Assessment Body shallhave the right to demand, in addition to the declaration of invalidity of
the Attestation of conformity pursuant to item 4.5(2) A contractual penalty of up to 25,000 (twenty-five thousand) Eurofor each infringement by the Attestation holder.
This applies in particular(a) in cases of unlawful use of test marks, validation or verification
labels or(b) for inadmissible advertising using test reports, test marks,
validation logos/ verification logos or certificates of conformity of
TRLP.
(3) Furthermore, TRLP is entitled to assert a contractual penalty of €25,000 if an order for testing is canceled because of verifiableplagiarism (see clause 3.2. para.8).
In addition, the Conformity Assessment Body reserves the right toterminate the General Agreement with immediate effect and without
notice and to declare further Attestations of conformity existing for theclient invalid as soon as the client violates one or more clauses ofthese Testing and Certification Regulations.
(4) An Attestation of conformity for a product is not possible if it isverified that the product submitted for testing and certification is aplagiarism.
(5) If the client does not comply with the requirements pursuant toclause 4.4, the TRLP may take suitable measures of its own. These
include, for example:(a) informing the users in order to minimize the damage in the market,
and(b) notifying the regulatory agencies, accreditation bodies and theother "Authorized Bodies" and "Notified Bodies" as well as owners ofConformity assessment schemes.
(6) TRLP reserves the right to claim compensation from the client for
expenses incurred by TRLP owing to the violation against the Testing
and Certification Regulations by the client.
Such expenses are, for example, costs for:(a) tests for comparing certified products with products taken fromthe market,(b) necessary investigations,(c) factory inspections, shipping inspections, checking of stocks andother measures TRLP deems necessary.
Costs incurred for these measures will be charged by TRLP
according to time spent.
(7) TRLP shall inform other GS-bodies, regulatory agencies andaccreditation bodies about the misuse of the GS-mark and thewithdrawal of the GS-certificate according to § 21 clause 3 of theGerman Product Safety Law.
(8) TRLP publishes information on the misuse of test reports
certificates and test marks issued and awarded by TRLP at
www.tuv.com, under the heading "Black List".
8. Appeals and Complaints(1) An appeal is the request by the client brought against TRLP for areview of TRLP audit and/ or Conformity assessment decisions.
A complaint is the expression of dissatisfaction of the client relating
to the activities of TRLP.
(2) Appeals and complaints may be lodged in writing with the Boardof Management of TRLP against test results, audit results or
Conformity assessment decisions.
(3) In case of appeals, TRLP will provide a written statement of theirreasons. If these reasons are not acceptable to the client and no final
decision can be reached with the Board of Management of TRLP, theclient who lodged the appeal may take legal action.
(4) In case of complaints, TRLP will answer the person who lodged acomplaint in compliance with TRLP procedures.
(5) Additional information and explanations about the complaints andappeals procedure can be found on TÜV Rheinland home pagewww.tuv.com at the link Complaints and appeals procedure of TRLP
/ TR Solar | WO | TÜV Rheinland (tuv.com).
9. Copyrights and rights of use, publication(1) The copyrights of the reports, test reports, test results, expert
opinions, results, calculations, representations, etc. prepared within
the scope of the order (hereafter "performance results") are owned
by TRLP. As the owner of the copyrights, it is free to grant others theright to use the performance results for individual or all types of use("right of use").
1(2) The client receives a simple, unlimited, non-transferable, nonsublicensable right of use to the contents of the performance results
produced within the scope of the order, unless otherwise
contractually agreed in individual cases. The right of use is limited tothe contractual purpose (e.g. use of test reports, audit reports as
proof of audits carried out or in the case of a contractually agreed
review of a management system for conformity with certification
conditions as proof of the corresponding decision).
(3) The transfer of rights of use of the generated performance results
regulated in Section 9 para.2. is subject to full payment of the
remuneration agreed in favour of TRLP.
(4) The consent of TRLP to publication does not entitle the client to
use the corporate logo of TRLPs parent company, TÜV RheinlandAG, also registered as a Union trademark (reg.-No.: 005871116) or
the corporate design of TÜV Rheinland AG as reference advertising.
10. Damages and Reimbursement of Expenses(1) TRLP is not liable for damages or reimbursement of expenses onwhatever legal grounds - in particular due to defects, breach of duties
arising from the contractual relationship or tort. This applies inparticular, but not exclusively, to claims for damages due to lost sales
or profits, financing costs as well as damages as a result of businessinterruption or loss of production.
(2) This exclusion of liability according to section 10 para 1 does not
apply in the case of(a) intent or gross negligence,((b) liability for guaranteed quality characteristics,(c) liability on the basis of the Product Liability Act and(d) culpable injury to life, body or health.
In addition, TRLP is also liable in accordance with legal provisions in
the event of a breach of essential contractual obligations, i.e.
obligations whose fulfilment is essential for the proper execution of
the contract and on whose observance the client regularly relies andmay rely.
(3) Insofar as TRLP is not liable for intent or gross negligence, injury
to life, body or health, for guaranteed quality characteristics or under
the Product Liability Act, TRLP's liability in the event of a breach of
essential contractual obligations is limited to the foreseeable damage
typical for the contract.
(4) Insofar as liability under this section 10 is excluded or limited, thisshall also apply to the personal liability of the employees,
representatives, organs and other employees of TRLP and its
assistant and vicarious agents.
(5) The limitation period for claims for damages and reimbursementof expenses shall be governed by legal provisions.
(6) No change in the burden of proof to the detriment of the client
shall be construed with the above-mentioned provisions.
(7) Unless otherwise contractually agreed in writing, TRLP shall only
be liable under the contract to the client and, if applicable, to a third
party explicitly named in writing in the contract. Liability towards otherthird parties is excluded with the exception of liability in tort.
11. Confidentiality(1) "Confidential Information" means all information, documents,
pictures, drawings, know-how, data, samples and project documents
handed over by one party ("Disclosing Party") to the other party("Receiving Party") or otherwise disclosed from the beginning of thecontract. This also includes copies of this information in paper andelectronic form. Confidential information is expressly not the data andknow-how collected, compiled or otherwise obtained by TRLP (nonpersonal) within the scope of the provision of services by TRLP.
TRLP is entitled to store, use, further develop and pass on the dataobtained in connection with the provision of services for the purposesof developing new services, improving services and analyzing theprovision of services.
(2) Confidential Information(a) May only be used by the receiving party to fulfil the purpose of thecontract, unless otherwise expressly agreed in writing with thedisclosing party,(b) May not be duplicated, distributed, published or passed on in any
other form by the receiving party, with the exception of such
Confidential Information necessary to fulfil the purpose of the contract
or such Confidential Information which the receiving party must passon the basis of judicial instructions or legal or governmental
regulations; this concerns in particular the Confidential Information to
be passed on to supervisory authorities and/or accreditors of TRLP
within the framework of an accreditation procedure or, within theframework of the provision of services, to affiliated companies of
TRLP in accordance with §§ 15 et seqq. German Stock Corporations
Act (AktG) or subcontractors or their respective employees.

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(c) Must be treated confidential by the receiving party in the same
way as it treats its own confidential information, but in no case lesscarefully than with requisite care and attention.
(3) The Receiving Party shall make the Confidential Information
received from the Disclosing Party available only to those persons
who need it to provide services under this Agreement. These persons
include advisors to the receiving party, in particular lawyers andauditors.
(4) The receiving Party shall be entitled to disclose confidential
information to its subcontractors and its affiliated companies within
the meaning of Section 15 et seq. of the German Stock Corporation
Act (AktG).
(5) Such information is excluded from the confidentiality obligation,(a) The information was already generally known at the time of
publication or becomes known to the general public without aviolation of this agreement, or(b) Which were demonstrably known to the receiving party at the timeof conclusion of the contract or are thereafter disclosed in a justified
manner by a third party; or(c) The information was already in the possession of the receiving
party prior to transmission by the disclosing party; or(d) The receiving party has independently developed the information
irrespective of the transmission by the disclosing party.
(6) Confidential information remains the property of the respective
disclosing party. The Receiving Party hereby agrees to immediately(i) Return all Confidential Information, including all copies thereof, tothe Disclosing Party at any time upon the request of the Disclosing
Party, or to (ii) destroy the Confidential Information, including all
copies thereof, upon the request of the Disclosing Party, and to
confirm in writing to the Disclosing Party the fact of such destruction.
The above-mentioned obligation to return or destroy does not apply(a) For the reports and certificates drawn up exclusively for the
purpose of fulfilling the contractual obligations under the contract forthe client, which remain with the client. However, TRLP is entitled totake copies of this and the Confidential Information, which form thebasis for the preparation of these reports and certificates, as proof ofproper performance of the contract and for general documentation
purposes for its files;(b) For confidential information that is stored on backup servers or inanalog backup systems on a generational basis during routine data
backups as part of normal archiving processes;(c) To the extent contrary to laws, regulations, orders of a competentcourt or an administrative or supervisory authority or an accreditation
body.
(7) This confidentiality obligation exists from the beginning of thecontract and continues to apply for a period of five years aftertermination of the contract. By way of derogation from the first
sentence of paragraph 7 above, the confidentiality obligation for
confidential information relating to EU/EU certificates of conformity
and GS mark certificates shall not end until the retention period
specified in the relevant legal provisions has expired. If no retention
period is specified, the duration of the confidentiality obligation
specified in paragraph 7 sentence 1 shall apply.
12. Data Protection Notice
TRLP processes personal data of the contractual partner for the
purpose of fulfilling this contract. In addition, TRLP also processes
the data for other legal purposes in accordance with the relevant legal
basis (e.g. balancing of interests / consent). The personal data of thecontractual partner will only be disclosed to other natural or legal
persons if the legal requirements are met. This also applies totransfers to third countries. The personal data will be deleted
immediately as soon as a corresponding reason for deletion arises.
Legal record retention periods, which result e.g. from the German
Commercial Code (HGB) or the Tax Code (AO), are taken into
account. 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 rightto file a complaint with the competent data protection supervisory
authority. For further details on the processing of personal data by
TRLP as the person responsible or contract processor, please referto the respective data protection information. You can contact theGroup Data Protection Officer of TRLP by e-mail at
datenschutz@de.tuv.com or by post at the following address: TÜVRheinland AG, c/o Group Data Protection Officer, Am Grauen Stein,
51105 Cologne, Germany.

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13. Force Majeure(1) Force majeure means the occurrence of an event or
circumstance, which prevents either party from performing one ormore of its obligations under the Contract. Force majeure in thissense shall be deemed to exist if and insofar as the party claiming
force majeure proves (a) that such obstacle to the performance of thecontract is beyond its reasonable control; and (b) that it could notreasonably have been foreseen at the time the contract was
concluded; and (c) that the effects of the obstacle could notreasonably have been avoided or overcome by the party concerned.
(2) Unless proved otherwise, the following events affecting a party
shall be presumed to meet conditions (a) and (b) in paragraph 1 ofthis clause: (i) war (whether declared or not), hostilities, invasion, act
of foreign enemies, extensive military mobilisation; (ii) civil war, riot,
rebellion and revolution, military or usurped power, insurrection, actof terrorism, sabotage or piracy; (iii) currency and trade restrictions,embargo, sanctions; (iv) lawful or unlawful official act, compliancewith laws or governmental orders, expropriation, confiscation ofworks, requisition, nationalization; (v) plague, epidemics, pandemics,
natural disasters or extreme natural events; (vi) explosion, fire,
destruction of equipment, prolonged loss of transportation,
telecommunications, information systems or energy; (vii) generallabor disturbances such as boycotts, strikes and lockouts,
slowdowns, occupation of factories and buildings.
(3) A party who successfully invokes this clause shall be released
from its obligation to perform its obligations under the Contract andfrom any liability for damages or any other contractual remedy forbreach of contract from the time when the impediment causes theinability to perform, provided that it is notified immediately. If such
notification is not given without delay, the relief shall take effect fromthe time when the notification is received by the other party. If theeffect of the alleged obstacle or event is temporary, the above
consequences shall only apply as long as the alleged obstacle
hinders the performance of the affected party. If the duration of thealleged impediment has the effect of substantially depriving theparties of what they could reasonably expect under the contract,either party shall be entitled to terminate the contract by giving noticeto the other party within a reasonable period of time. Unlessotherwise agreed, the parties expressly agree that the contract may
be terminated by either party if the duration of the impedimentexceeds 120 days.
14. Other(1) Ancillary agreements to this contract do not exist.
(2) All amendments and supplements must be submitted in writing inorder to be effective; this also applies to amendments andsupplements to the requirement for the written form.
(3) In case of disputes concerning the interpretation of the Testing
and Certification Regulations, the German version shall takeprecedence over the English version so far as both versions havebeen made available to the client.
(4) The place of jurisdiction for any disputes arising out of or inconnection with this Agreement is Cologne, Germany. This
Agreement is subject to the German Law.
(5) TRLP reserves the right to make changes to the Testing andCertification Regulations at any time. The client shall be informed
about any changes to the Testing and Certification Regulations. The
client has the right to terminate the contractual relations with TRLP in
writing within one month after receiving the notifications of change.
(6) (a) In the event that TRLP commissions a testing and/ or
Conformity assessment service, the following order of validity shallapply in the event of conflicting regulations concerning the content of
documents:
1. The Testing and Certification Regulations of TRLP
2. TRLP's General Terms and Conditions
3. General and common Terms and Conditions of Usage for all
variants of the TÜV Rheinland test mark4. TÜV Rheinland Verification Label General Terms and Conditionsof Usage(b) In the event TRLP commissions a Conformity assessment service
with the involvement of a subsidiary and thus concludes the “General
Agreement” as required under section 2 paragraph 1, the following
order of validity shall apply with regard to certification services in theevent of conflicting regulations concerning the content of documents:
1. The Testing and Certification Regulations of TRLP
2. General Terms and Conditions of the subsidiary
3. General and common terms of use for all variants of the TÜV
Rheinland test mark for the TRLP.
4. TÜV Rheinland Verification Label General Terms and Conditions

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(7) Should one of the aforementioned provisions be or become voidor invalid, in its entirety or in part, the validity of the remaining
provisions shall not be affected.

TUV Rheinland LGA Products GmbH
Tillystraße 2D-90431 Nürnberg

E-Mail: service@de.tuv.com
Telefon: +49 911 655 5225
Telefax: +49 911 655 5226

15. Taking Effect
The Testing and Certification Regulations are effective as of January
1, 2024. Any previous regulations cease to have validity as of thatdate.

Board of Management:
Dipl.-Ing. Thomas Weigand,
Spokesperson
Dipl.-Kfm. Dr. Jörg Schlösser

Nuremberg Local Court Nürnberg
HRB 26013
UST-ID Nr:
DE 811835490

Internet: http://www.tuv.com

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