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Test Report - Products

Test Report No.: 244534985a 001 Page 1 of 35

Client: Dai A Industry Joint Stock Company

Luong Son Industrial Zone, Highway 6, Hoa Son Commune, Luong Son
Contact Information: District
purchasing@daiaplastic.com

Identification/Model No(s): BIODEGRADABLE COMPOUND

Sample Receiving Date: 2023-08-03

Sample Obtaining Method: Sending by customer

Condition at Delivery: Test item complete and undamaged

Testing Period: 2023-08-03 to 2023-08-09

Place of Testing: Chemical laboratory Shanghai& Kunshan, Toys laboratory Shanghai

Test Specification: Test Result:

With reference to ASTM D6400-23 / EN 13432: 2000


Testing according to customer’s specification for the following parameters:
Heavy Metals and Other Toxic Substances Pass
Qualitative Identification by Fourier Transform Infrared Spectroscopy Please refer to page 5
Thickness Check Please refer to page 6
Aerobic Biodegradation Test Pass
Quantitative Aerobic Disintegration Test Pass
Plant Test Pass

Other Information:
Country of Origin: Vietnam

For and on behalf of


TÜV Rheinland (Shanghai) Co., Ltd.

2022-06-17 Lucy Lu/Technical Supervisor


Date Name/Position

Sample information is provided by customer. Test result is drawn according to the kind and extent of tests performed.
This test report relates to the above mentioned test sample. Without permission of the test center this test report is not
permitted to be duplicated in extracts. This test report does not entitle to carry any safety mark on this or similar products.
“Decision Rule” document announced in our website (https://www.tuv.com/landingpage/en/qm-gcn/) describes the
statement of conformity and its rule of enforcement for test results are applicable throughout this test report.

TÜV Rheinland (Shanghai) Co., Ltd. Shanghai TÜV Rheinland Building, No. 177, Lane 777, West Guangzhong Road, Jing’an District,
Shanghai 200072, P.R. China
Tel.: +86 21 6108 1188 Fax: +86 21 6108 1099 Mail: service-gc@shg.chn.tuv.com Web: www tuv.com
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Test Report No.: 244534985a 001 Page 2 of 35

Picture and Detailed Description of the Test Sample

M001 M002

Material List:

Material No. Material Color Location Remark

M001 Plastic White Film -

M002 Plastic White Granules -

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Shanghai 200072, P.R. China
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Test Report No.: 244534985a 001 Page 3 of 35

1 Heavy Metals and Other Toxic Substances


Test Method: For Fluorine (F) content, according to EN 15408: 2011.
For other contents, according to ISO 17294-2: 2016.
Test Result:

Test No. T001

Material No. M002

Test Parameter Unit Reporting Limit Test Result

Zn mg/kg 5 <RL

Cu mg/kg 5 <RL

Ni mg/kg 5 <RL

Cd mg/kg 0.25 <RL

Pb mg/kg 5 <RL

Hg mg/kg 0.20 <RL

Cr mg/kg 5 <RL

Mo mg/kg 0.25 <RL

Se mg/kg 0.25 <RL

As mg/kg 0.25 <RL

F mg/kg 50 <RL

Co mg/kg 3 <RL

Abbreviation: mg/kg = Milligram per kilogram


<RL = Less than reporting limit

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Shanghai 200072, P.R. China
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Test Report No.: 244534985a 001 Page 4 of 35

Remark:
1. The requirement is following ASTM D6400-23 / EN 13432: 2000.
2. The concentrations of regulated metals and other toxic substances in the plastic product or material refer
to below Table 1 for examples.

Table 1 — Examples of maximum concentrations of regulated metals and other toxic substances
Values given in mg/kg of dry material

Canada b EN13432 c /
Element US a AS4736 d NF T51-800 e China f Japan g
/AS5810 d
CCME Ontario
Zn 1400 350 250 150 150 150 180
Cu 750 200 50 50 50 50 60
Ni 210 31 31 25 25 25 30
Cd 17 1.5 1.5 0.5 0.5 0.5 0.5
Pb 150 75 75 50 50 50 10
Hg 8.5 0.4 0.4 0.5 0.5 0.5 0.2
Cr — 105 105 50 50 50 50

Mo — 2.5 2.5 1 1 1 —

Se 50 1 1 0.75 0.75 0.75 —


As 20.5 6.5 6.5 5 5 5 5
F — — — 100 100 100 —

Co — 17 17 — 38 38 —
a The maximum metal concentrations given here for the US are 50 % of those prescribed by 40 CFR 503.13, Table 3 (as per ASTM
D6400 and ASTM D6868 requirements).
b The maximum metal concentrations for Canada are 50 % of those prescribed in Table 1 for Compost Category A in Guidelines for
Compost Quality published by the Canadian Council of Ministers of the Environment (CCME), and Category AA of the Ontario
Compost Quality Standards, published by Ontario Ministry of the Environment (as per ASTM D6400 requirements).
c The maximum metal concentrations for the EC are 50 % of those prescribed in ecological criteria for the award of the Community
eco-label to soil improvers (EC OJ L 219, 7.8.1998, p. 39).
d The maximum metal concentrations given here for Australia refers to EN 13432, Table A.1.
e The maximum metal concentrations given here for France refers to EN 13432, Table A.1. except for Co, and the maximum
concentration for Co is prescribed in BNQ 9011-911-I/2007.
f. The maximum metal and other toxic substances concentrations given here for People’s Republic of China refers to GB/T 41010-
2021 Degradability and identification requirements of biodegradable plastics and products, Table 1.
g The maximum metal concentrations for Japan are 10 % of those prescribed in the Fertilizer Control Law (Ministry of Agriculture,
Forestry and Fisheries) and Guidelines for Quality of Composts (Central Union of Agricultural Co-operatives).

3. BPI's new standard for fluorinated chemicals went into effect on January 1, 2020. Products may no longer
be claimed as BPI Certified, whether on the product itself, or on a product's packaging or marketing
materials, unless it meets all conditions of the rule, including no intentionally added fluorinated chemicals
(as demonstrated in Safety Data Sheets) and a test report showing less than 100 ppm total fluorine.
4.Tests above 100mg/kg due to naturally occurring fluoride ion (e.g. from talc), may be resolved by testing
the ingredients separately.

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Shanghai 200072, P.R. China
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Test Report No.: 244534985a 001 Page 5 of 35

2 Qualitative Identification by Fourier Transform Infrared Spectroscopy


Test Method: Determination by Fourier Transform Infrared Spectroscopy ATR mode according to GB/T
6040-2019.
Test Result:

Picture of IR Spectrometry for M002

TÜV Rheinland (Shanghai) Co., Ltd. Shanghai TÜV Rheinland Building, No. 177, Lane 777, West Guangzhong Road, Jing’an District,
Shanghai 200072, P.R. China
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Test Report No.: 244534985a 001 Page 6 of 35

3 Thickness Check

Test Method: EN 71-1:2014+A1:2018: CLAUSE 8.25.1 refers to ISO 4593-1993 where applicable,
measured by thickness meter.
Test Result:

Test No.: T001

Material No.: M001

Trial Unit Test Result

1 mm 0.103

2 mm 0.111

3 mm 0.120

4 mm 0.121

5 mm 0.103

6 mm 0.099

7 mm 0.105

8 mm 0.098

9 mm 0.093

10 mm 0.100

Average mm 0.105

SD mm 0.00
Abbreviation: mm = Millimeter
n
∑i=1(xi −x̅)2
SD = Standard deviation, S = √
n−1
Remark:
Equipment Uncertainty: U = 0.001mm (k = 2)
Foot Size (Diameter): up 6.25mm, down 6.26mm; Foot force: 0.76N

TÜV Rheinland (Shanghai) Co., Ltd. Shanghai TÜV Rheinland Building, No. 177, Lane 777, West Guangzhong Road, Jing’an District,
Shanghai 200072, P.R. China
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Test Report No.: 244534985a 001 Page 7 of 35

4 Biodegradation

4.1 General Test Information

Test Method : ISO 14855-1: 2012/ASTM D5338-15(2021)

Reference Material : Microcrystalline cellulose

Test Vessels : The vessel used for biodegradation test is a high pressure conical flask,
volume: 3000 ml. It was provided by Pyrex Co. Ltd.

CO2-determination : Determination of the amount of carbon dioxide evolved by weighing the


carbon dioxide absorbing system. The amount of carbon dioxide is
calculated via the difference in the weight of the carbon dioxide absorbing
trap in the beginning and in the end of the test.

Thermostat Controlled The biodegradation test is proceeded in a temperature controlled oven


Oven : for maintaining the temperature needed.

4.2 Summary of Test Results

Test Material Reference Material


45 days biodegradation rate (%) 32.18 > 75.73
Overall biodegradation rate (%) 90.95 97.32
Final relative biodegradation rate (test
93.45
material/ reference material) (%)
Test duration (days) 133 133
Observation No abnormal findings No abnormal findings

Validity Criteria :

Degree of biodegradation of reference material after 45 days > 70%. ☑ Yes No

Difference between percentage biodegradation of reference material in the


☑ Yes No
different vessels at the end of test < 20%.

Average CO2 production in the blank vessels after 10 days in the range 50 mg
☑ Yes No
to 150 mg CO2 /g volatile solids.

As the three criteria above have been fulfilled, the test is considered to be valid.
For detailed information, please see the following pages.

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Shanghai 200072, P.R. China
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Test Report No.: 244534985a 001 Page 8 of 35

4.3 Flow Chart of Experiment

Choosing proper commercial compost as inoculum and test its 10 days activity

Determine total dry-solid, volatile-solids, total nitrogen content, and pH of the inoculum

Prepare a mixture of compost and deionized water then measure the pH value

Prepare nine vessels for test: three for test material (T1, T2, T3), three for reference material (R1,
R2, R3), and three for the blank (B1, B2, B3)

Place these vessels in an oven at 58 ± 2°C and aerate with water-saturated air

Measuring the oxygen concentration of the exhaust air from the composting vessels

• Measure the amount of carbon dioxide once a day during incubating period
• Measure the pH value of the compost weekly during incubating period
• The moisture of test mixture have to remain at 50%
• Record the appearance of the mixture during the whole test and note observations

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Shanghai 200072, P.R. China
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Test Report No.: 244534985a 001 Page 9 of 35

4.4 Results

Appearance of Compost and Sample

Before test After test


Compost without any material before and after test

Before test After test


Compost with reference material before and after test

Before test After test


Compost with test material before and after test

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Shanghai 200072, P.R. China
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Test Report No.: 244534985a 001 Page 10 of 35

Properties of inoculum

A commercial compost (Peilei) is used as the inoculum. The properties of inoculum are listed in the table
below.
Properties Data and description
Age 2 months
Storage condition dry and room temperature
Handling sieved through 10 mm
Total dry solids (%) 53.0
Moisture content (%) 47.0
Volatile solids (%) 51.0
Ash (%) 49.0
Compost Activity Test (mg CO2 /g volatile solid) 56.5
Carbon/ Nitrogen ratio 11.4
pH of suspension 6.5
Total nitrogen content (%) 1.14

Activity of inoculum

The amount of CO2 for the first 10 days

Days Amount of Carbon Dioxide (mg)


1~3 2130.0
4 4000.0
5~7 4470.0
8~9 4070.0
10 3670.0
Total 18340.0

Compost Activity = 56.5 (mg CO2 /g volatile solid)


Calculation:
Amount of CO2 evolved during the first 10 days (mg) / (1200.0g * total dry solids * volatile solids)
1200.0g is the amount of compost used for each vessel.

Properties of Test and Reference Materials

The contents of organic carbon in test and reference material (microcrystalline cellulose) are determined.
Results are used for calculation of amount of test material necessary to have an amount of 20.0g organic
carbon in each vessel.
For reference material: m = amount of organic carbon each vessel / TOC
m = 20.0g / 0.428g/g = 46.7g
20.0g of organic carbon lead to a theoretical amount of 73.3g CO2 evolved by microorganisms when the
rate of biodegradation reaches 100%.

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Shanghai 200072, P.R. China
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Test Report No.: 244534985a 001 Page 11 of 35

Parameter Unit Reference Material Test Material


Total organic carbon (TOC) (%) 42.8 40.3
Amount of organic carbon
(g) 20.0 20.0
(TOC) in test vessel
Theoretical amount of evolved
(ThCO2), (g) 73.3 73.3
carbon dioxide
Size (cm  cm) — —
Shape — powder paper pulp
Volatile solids 99.9 99.2
Requirement for volatile solids (%) — ≥ 50
Total dry solids (%) 97.2 93.2
Moisture content (%) 2.8 6.8

The Amount of Material and Compost in Vessels

Compost Material
Weight (g) Total Dry Solids (g) Weight (g) Total Dry Solids (g)
Blank 1200.0 636.0 None None
Reference 1200.0 636.0 46.7 45.8
Test 1200.0 636.0 44.4 44.1

4.5 pH Value

The pH value of the compost is checked during the test. It is determined by diluting compost with distillated
water by 1:5 and measuring the value with an electrical pH-meter.
pH values during test

Day B1 B2 B3 R1 R2 R3 T1 T2 T3
1
7
14
21
28
36
43
49
60
67
74
81

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Test Report No.: 244534985a 001 Page 12 of 35

91
98
107
115
123
130
137
147
154
162
170
180
The pH values of the vessels do not show any obvious differences to the other vessels. Big differences in
the pH value could ask for rejecting single values.

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4.6 Controlled Aerobic Biodegradation Test

CO2 Evolution Curve

CO2 Production over time


180

160

140
CO2 Production in g

120

100

80
Blank 1
60
Blank 2
40
Blank 3
20 Blank mean
0
0 10 20 30 40 50 60 70 80 90 100 110
Time in days

CO2 Production over time


180

160

140
CO2 Production in g

120

100

80
Test material 1
60
Test material 2
40
Test material 3
20 Test material mean
0
0 10 20 30 40 50 60 70 80 90 100 110
Time in days

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CO2 Production over time


180

160

140
CO2 Production in g

120

100

80
Refernce material 1
60
Refernce material 2
40
Refernce material 3
20
Refernce material mean
0
0 10 20 30 40 50 60 70 80 90 100 110
Time in days

CO2 Production over time


180

160

140
CO2 Production in g

120

100

80

60
Blank mean
40
Test material mean
20 Refernce material mean
0
0 10 20 30 40 50 60 70 80 90 100 110
Time in days

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Biodegradation curve

Biodegradation degree over time


100

90
Biodegradation degree in %

80

70

60

50

40 Refernce material 1
30 Refernce material 2
20 Refernce material 3
10 Refernce material mean
0
0 10 20 30 40 50 60 70 80 90 100 110
Time in days

Biodegradation degree over time


100

90
Biodegradation degree in %

80

70

60

50 Test material 1
40 Test material 2
30 Test material 3
20 Test material mean

10

0
0 10 20 30 40 50 60 70 80 90 100 110
Time in days

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Biodegradation degree over time


120
Biodegradation degree in %

100

80

60

Test material mean


40
Refernce material mean

20

0
0 10 20 30 40 50 60 70 80 90 100 110
Time in days

Controlled Aerobic Biodegradation Test Data of Test Material

CO2 (g/vessel) D* (%)


Day
B1 B2 B3 Bmean T1 T2 T3 Tmean T1 T2 T3 Tmean

After 44 days 60.80 61.20 61.70 61.23 85.30 84.20 85.00 84.83 32.82 31.32 32.41 32.18
Total 128.10 128.20 131.40 129.23 195.90 196.00 195.90 195.93 90.91 91.05 90.91 90.95

Remark:* D = Degree of degradation calculated from CO2 evolution.


Equation:

(CO2)B = Measured cumulative CO2 production by blank


(CO2)T = Measured cumulative CO2 production by test material
(CO2)Bmean = [(CO2)B1+(CO2)B2+(CO2)B3] / 3
D= [(CO2)T – (CO2)Bmean] / ThCO2
DTmean = (DT1+DT2+DT3) / 3

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Controlled Aerobic Biodegradation Test Data of Reference Material

CO2 (g/vessel) D (%)


Day
B1 B2 B3 Bmean R1 R2 R3 Rmean R1 R2 R3 Rmean

After 44 days 60.80 61.20 61.70 61.23 117.30 116.70 116.30 116.77 76.45 75.64 75.09 75.73
Total 128.10 128.20 131.40 129.23 201.00 200.40 200.40 200.60 97.86 97.05 97.05 97.32

Equation:

(CO2)B = Measured cumulative CO2 production by blank


(CO2)R = Measured cumulative CO2 production by reference material
(CO2)Bmean = [(CO2)B1+(CO2)B2+(CO2)B3] / 3
D= [(CO2)R– (CO2)Bmean] / ThCO2
DRmean = (DR1+DR2+DR3) / 3

4.7 Additional Information

For adjusting humidity in the composting vessels water was carefully added to the vessel once a week.
The concentration of oxygen was checked every day during the first week of the test and once a week
afterwards. For aerobic conditions the concentration of oxygen shall be higher than 6%. The
concentration did not fall below 18% during the test.
Control and cellulose reactors and the test item reactors showed a good structure. The soil is soft and
unconsolidated, moisture content is suitable. Touch the soil, feel somewhat sticky and have some free
water available when gently pressed by hand. No fungal growth was observed. Other specific observation
in each test such as structure, color, smell and degree of disintegration (case by case).

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5 Disintegration

5.1 General Test Information

Test Method: ISO 16929: 2021

Ovens: The ovens used for this test contain of a heating system and a flow-rate adjustable
air providing system. The temperature of the compost can be determined at any
time. The volume of the composting oven is 60 liters.

O2- An instrument (CY-C12) is used for determining the concentration of oxygen in the
determination: exhaust gas directly.

5.2 Blank Compost

Composition of Blank Compost

The biowaste contains of a mixture of 6.7kg soil (peilei), 1.7kg onions, 1.7kg carrots, 1.7kg pepper, 0.3kg
sawdust, 4.2kg rice and 4.2kg soybeans.
Mass for rice and soybeans is wet mass after soaking the rice and the soybeans in water for 12 hours.

Conditions of Blank Compost in Beginning of Test

Conditions
Water content (%) 62.0
Volatile solids of total dry mass (%) 60.0
C-N-ratio 21
pH-Value 6.6

5.3 Set Up of the Testing

The whole mixture is composted in the oven. No nets are used during this test.
Wet mass of the blank compost: 20.5kg
Sample compost: food container (M003) pieces in around 5cm*5cm size + sugarcane pulp (M007) are
added to the blank compost to make the sample compost.

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5.4 Flow Chart of Experiment

Preparing biowaste

Determine whether the biowaste meets the criteria or not

Add test material to the compost, according to the operating instruction

Prepare in total 4 ovens – 2 for blank compost (blank 1, blank 2), 2 for the compost process with the
test material (sample 1, sample 2)

Check the temperature daily, turn the compost regularly and check its parameters

Measure the oxygen concentration of the exhaust air from the ovens regularly

After the test sieve the compost and determine the dry mass of the test material that was not
disintegrated during the test. Use the dry mass of the sample used for the test and determine
the grade of disintegration of the sample. Determine the parameters of the compost according
to the operating instruction

Determine the Rottegrad of the compost achieved (maturity of the compost)

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5.5 Results

Properties of Test Material

Parameter M003
Total dry solids (%)
Volatile solids of total dry mass (%)
Requirement for volatile solids (%) ≥ 50
Moisture content (%)

Amount of Test Material and Biowaste in Ovens before Disintegration

Biowaste Test Material


Wet mass in final form (g) Wet mass in fine form (g)
Wet mass(kg)
M003 M007
Blank 1 20.5 None None
Blank 2 20.5 None None
Sample 1 20.5 204.7 1845
Sample 2 20.5 204.6 1844

Amount of Test Material after the Process of Disintegration

Sample 1

Parameter Unit Result


Total dry mass of the sample used for the test g 205.0
Total dry mass of sample (>2mm-fraction) after the test: g 0
Degree of disintegration % 100

Sample 2

Parameter Unit Result


Total dry mass of the sample used for the test g 205.0
Total dry mass of sample (>2mm-fraction) after the test: g 0
Degree of disintegration % 100

The amount of sample found after sieving the final compost through a 2mm sieve, washing and drying the
material, is less than 10% of the sample amount placed in the biowaste at the beginning of the test. The
residue samples are small pieces and easy to tear. The physical breakdown during the composting
process was successful.

Test Results of the Compost after Disintegration

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5.5.4.1 Wet Mass of the Compost Achieved after Disintegration

Parameter Unit Result


Wet mass of the compost (blank 1) kg 9.3
Wet mass of the compost (blank 2) kg 9.4
Wet mass of the compost (sample 1) kg 9.0
Wet mass of the compost (sample 2) kg 8.7

5.5.4.2 Parameters of the Compost Achieved after Disintegration by Analyzing the <10mm Fraction

Parameter Unit Blank 1 Blank 2 Sample 1 Sample 2


Total dry solids % 56.6 57.3 58.4 58.1
Volatile solids % 57.9 58.2 60.3 59.2
pH - 6.4 6.3 6.5 6.3
#
Phosphorus mg/kg 9440 9150 14200 13900
Nitrite as N# mg/kg <0.15 <0.15 <0.15 <0.15
#
Electrical conductivity mS/m 78.5 71.3 29.5 22.8
Total nitrogen as N# g/kg 18.1 18.7 23.0 22.7
#
Nitrate as N mg/kg 1.99 2.39 72.1 69.7
Ammonium nitrogen as N# mg/kg 631 603 1450 1520
#
Potassium mg/kg 16900 17200 18000 18500
Magnesium# mg/kg 13900 14900 9900 10100
Volumetric density Kg/L 0.67 0.71 0.72 0.70
Total organic carbon % 22.4 24.1 22.4 23.3

There is no obvious deviation on the tested parameters between the composts obtained after the test on
disintegration.
#The tests on the parameters of the final compost after disintegration are subcontracted to an external lab
which is accredited in accordance with ISO/IEC 17025:2017.

5.5.4.3 Rottegrad of the Compost Achieved after Disintegration

The Rottegrad is a parameter for determining the maturity of the compost obtained after the test on
disintegration. After 84 days the final compost is placed in Dewar vessels for 72 hours. The highest
temperature during these 72 hours is used for comparing with the limits for the different Rottegrads (see
table below).
As mature compost does not undergo a significant self-heating process anymore, the temperature shall
be below 30°C.

Amount of Temperature
Parameter Rottegrad
Compost (kg) after 72 h (°C)
Blank 1 1.0 27.8 V
Blank 2 1.0 28.2 V

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Sample 1 1.0 27.9 V


Sample 2 1.0 28.2 V

Reference:

Maximum 50.1°C to 40.1°C to 30.1°C to


> 60°C ≤ 30°C
Temperature 60°C 50°C 40°C
Rottegrad I II III IV V

Validity parameter: The compost shall have a Rottegrad of IV to V after 12 weeks. This validity
parameter has been fulfilled.

Appearance of Blank and Sample Compost

5.5.5.1 Appearance of Blank Compost

Before test After 1 week After 2 weeks

After 3 weeks After 4 weeks After 5 weeks

After 6 weeks After 7 weeks After 8 weeks

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After 9 weeks After 10 weeks After 11 weeks

After test (After 12 weeks)

5.5.5.2 Appearance of Sample Compost

Before test After 1 week After 2 weeks

After 3 weeks After 4 weeks After 5 weeks

After 6 weeks After 7 weeks After 8 weeks

After 9 weeks After 10 weeks After 11 weeks

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After test (After 12 weeks)

Remark: Due to the coming weekend or public holiday, the test was ended at Day 8*.(applicable if not 84
days test according to the standard)After test, no sample residues are distinguished to the naked eye
from the other matter in the compost at a distance of 500 mm. (only default when Disintegration rate at
100%, in other cases lab should confirm visual observation in data for report)

5.6 Diagrams

Course of the Temperature during the Test

Composting temperature over time


80.0

70.0

60.0
Temperature in °C

50.0

40.0

30.0 Blank 1

20.0 Blank 2
Sample 1
10.0
Sample 2
0.0
0 6 12 18 24 30 36 42 48 54 60 66 72 78 84
Time in days

Temperature over time

Validity parameter: Following minimum and maximum temperatures shall be respected in the ovens
during the test.
— Days 2–7: between 60 °C and 75 °C
— Days 8–28: between 55 (±5) °C and 65 (±5) °C
— Days 29–56: between 50 (±5) °C and 60 (±5) °C
— Days 57–70: below 50 °C
— Days 71–84: below 45 °C
This requirement has been fulfilled. For single values please see below table.

Temperature of the compost during the test (°C)

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Day Blank 1 Blank 2 Sample 1 Sample 2

3 days before the test was finished the heating function of the ovens was switched off. This caused the
decreasing temperature after 81 days. The reason for switching off the heating function is, that the final
compost will be used for determining the Rottegrad. Here the self-heating process of the final compost is
determined, so we need to allow the compost to cool down to its natural temperature.

Course of the Concentration of Oxygen in the Exhaust Gas during the Test

Oxygen content in exhaust air


25.0

20.0
Conent in %

15.0
Blank 1

10.0 Blank 2
Sample 1

5.0 Sample 2

0.0
0 6 12 18 24 30 36 42 48 54 60 66 72 78 84
Time in days

Concentration of oxygen over time

Validity parameter: For ensuring aerobic conditions, the concentration of oxygen in the exhaust
gas never falls below 10%. This requirement has been fulfilled. For single
values please see below table.

Concentration of oxygen in the exhaust gas (%)

Day Blank 1 Blank 2 Sample 1 Sample 2

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Graph of Development of pH Value of the Compost during Composting Process

pH value over time


8.0

7.0

6.0
pH-value

5.0

4.0 Blank 1
Blank 2
3.0
Sample 1
2.0
Sample 2
1.0

0.0
0 6 12 18 24 30 36 42 48 54 60 66 72 78 84
Time in days

pH Value over time

Validity parameter: The pH-value never falls below 5 and raises to a value above 7 during the test.
This requirement has been fulfilled. For single values please see below table.

pH value of the compost during the test

Day Blank 1 Blank 2 Sample 1 Sample 2


1 7.2 7.2 7.0 7.0
7 6.7 7.0 7.2 7.2
14 6.9 7.1 6.9 6.8
21 7.0 6.9 6.8 6.9
27 7.2 6.7 7.0 7.2
34 7.1 6.7 6.7 7.1
41 6.8 6.8 6.6 7.3
49 7.1 7.0 7.0 7.0
56 6.9 6.9 7.0 6.8
63 6.7 6.5 6.7 6.6
70 6.8 6.6 6.5 6.4
77 6.5 6.4 6.6 6.5
84 6.4 6.3 6.5 6.3

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6 Plant test #

6.1 General test information

Test Method : EN 13432: 2000 Annex E and OECD 208: 2006

Plants : For this test seeds for corn and soybean are used. Seeds are stored in dry
room at home temperature for no more than 2 months.
Common name Soybean Corn
Class di-cotyledonae mono-cotyledonae
Fabaceae Poaceae
Family
(Leguminosae) (Gramineae)
Species Glycine max (G. soja) Zea mays
percentage germination >85%
seed size 6-9mm 6-10mm
Plant Pots : Plants grow in pots made of PP in volumes of 10L.

Reference Substrate : A mixture of commercial potting soil as substrate (peat soil) and siliceous sand
has been used.
Soil particle distribution: < 6mm; Total organic carbon: 20.8%; Volatile solids
content: 91.7%; Total dry solids: 91.7%; pH value: 7.2

Compost: Use the composts < 10mm fraction including sample compost and blank
compost obtained after 12 weeks composting and sieving with 10mm sieve
according to ISO 16929: 2021.

6.2 Set up of the plant test

Prepare 24 pots and fill them with mixtures of the reference substrate with 25 % or 50 % (m/m) of blank
compost or sample compost. Weight setup of each pot are shown in table below.

Weight (g/pot)
Mix ratio Blank compost or
Reference substrate Total
sample compost
25% 350.0 1050.0 1400.0
50% 700.0 700.0 1400.0

3 parallels were set for each mix ratio and the pots numbers are listed as below:

Pot No.
Plant Mix ratio
Blank compost Sample compost

25 % Parallel 1~3 Parallel 1~3


Soybean
50 % Parallel 1~3 Parallel 1~3

25 % Parallel 1~3 Parallel 1~3


Corn
50 % Parallel 1~3 Parallel 1~3

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Evenly add 100 seeds of soybean or corn in each pot and add water. After watering, the pots are set in a
warm house which staying dark all days during the germination period. For ensuring identical conditions
the pots are stored in a greenhouse. The plants are watered daily and no additional fertilization is used.
Temperature: 25±3°C during the light periods (16h) and 20±3°C during the dark (8h)
Relative humidity: 70±5% during light periods (16h) and 90±5% during dark (8h)
Light: luminance of 350±50 micromole/m2/s, measured at the top of the canopy.
After 50% of the seeds in the pots with a mixture of blank compost has been emerged, the plant growth
test was kept running for 14 ~ 21 days.

6.3 Summary of test results

Results
Parameters Requirement Conclusion
Plant Mix ratio 25% Mix ratio 50%

Soybean 99 99
Mean Germination
≥ 90 Pass
Rate (%)
Corn 98 99

Mean Dry Soybean 98 98


Biomass / plant ≥ 90 Pass
(%) Corn 98 97

Alternatively, Soybean 98 98
Mean Wet
≥ 90 Pass
Biomass / plant
(%) Corn 98 97

Validity Criteria :
The seedling emergence is at least 70%. ☑ Yes No
The seedlings do not exhibit visible phytotoxic effects (e.g. chlorosis,
necrosis, wilting, leaf and stem deformations) and the plants exhibit only ☑ Yes No
normal variation in growth and morphology for that particular species.
The mean survival of emerged control seedlings is at least 90% for the
☑ Yes No
duration of the study.
Environmental conditions for a particular species are identical and growing
media contain the same amount of soil matrix, support media, or substrate ☑ Yes No
from the same source.
As the four criteria above for the blank have been fulfilled, the test is considered to be valid.
For detailed information, please see the following pages.

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6.4 Results

Germination rate

The pots were placed in the green room. It was 4 days after start, over 50% seeds each pot have been
emerged.

Germination of Germination Rate (%)


Soybean (numbers) sample compost as Mean Germination
Mix ratio Test No.
Blank Sample percentage of blank Rate (%)
compost compost compost
Parallel 1 94 92 98
25% Parallel 2 93 91 98 99
Parallel 3 93 93 100
Parallel 1 95 94 99
50% Parallel 2 94 94 100 99
Parallel 3 94 92 98

Germination of Corn Germination Rate (%)


(numbers) sample compost as Mean Germination
Mix ratio Test No.
Blank Sample percentage of blank Rate (%)
compost compost compost
Parallel 1 95 94 99
25% Parallel 2 95 92 97 98
Parallel 3 96 93 97
Parallel 1 96 95 99
50% Parallel 2 94 92 98 99
Parallel 3 95 94 99

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Wet Biomass of the Plants

Due to the coming weekend or public holiday , 14 days after the germination rate of the blank mixtures has
reached 50%, the test was stopped. The plants were cut right above the soil. Some plants was removed
which was attached to the soil. The wet biomass has been determined after then. By comparing the wet
mass of plants growing on mixture blank and mixture sample it is checked whether the sample has a
negative effect on the plant growth or not.

Total Wet Biomass Wet Biomass of Wet Biomass /


of Soybean (g) Soybean / plant (g) plant (%) Mean Wet
Mix
Test No. Sample compost Biomass /
ratio Blank Sample Blank Sample as percentage of plant (%)
compost compost compost compost blank compost
Parallel 1 10.2 9.7
25% Parallel 2 9.8 9.6
Parallel 3 9.7 9.8
Parallel 1 10.1 10.0
50% Parallel 2 9.7 9.5
Parallel 3 9.8 9.6

Total Wet Biomass Wet Biomass of Wet Biomass /


of Corn (g) Corn / plant (g) plant (%) Mean Wet
Mix
Test No. Sample compost Biomass /
ratio Blank Sample Blank Sample as percentage of plant (%)
compost compost compost compost blank compost
Parallel 1 10.2 9.7
25% Parallel 2 9.8 9.6
Parallel 3 9.7 9.8
Parallel 1 10.1 10.0
50% Parallel 2 9.7 9.5
Parallel 3 9.8 9.6

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Dry Biomass of the Plants


After the plants were dried at 60°C for 12 hours and cooling down, the dry biomass has been determined.
By comparing the dry mass of plants growing on mixture blank and mixture sample it is checked whether
the sample has a negative effect on the plant growth or not.

Total Dry Biomass Dry Biomass of Dry Biomass /


of Soybean (g) Soybean / plant (g) plant (%) Mean Dry
Mix
Test No. Sample compost Biomass /
ratio Blank Sample Blank Sample as percentage of plant (%)
compost compost compost compost blank compost
Parallel 1 10.2 9.7
25% Parallel 2 9.8 9.6
Parallel 3 9.7 9.8
Parallel 1 10.1 10.0
50% Parallel 2 9.7 9.5
Parallel 3 9.8 9.6

Total Dry Biomass Dry Biomass of Dry Biomass /


of Corn (g) Corn / plant (g) plant (%) Mean Dry
Mix
Test No. Sample compost Biomass /
ratio Blank Sample Blank Sample as percentage of plant (%)
compost compost compost compost blank compost
Parallel 1 10.2 9.7
25% Parallel 2 9.8 9.6
Parallel 3 9.7 9.8
Parallel 1 10.1 10.0
50% Parallel 2 9.7 9.5
Parallel 3 9.8 9.6

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Survival Rate of Blank Compost

Mean
Survival Germination Survival Rate
Plant Mix ratio Test No. Survival Rate
Numbers Numbers (%)
(%)
Parallel 1 94 94 100
25% Parallel 2 92 93 99 100
Parallel 3 93 93 100
Soybean
Parallel 1 95 95 100
50% Parallel 2 93 94 99 99
Parallel 3 93 94 99
Parallel 1 95 95 100
25% Parallel 2 94 95 99 99
Parallel 3 95 96 99
Corn
Parallel 1 95 96 99
50% Parallel 2 94 94 100 100
Parallel 3 95 95 100

Remark: Mean Survival rate (%) = mean survival numbers/mean germination numbers*100%

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Appearance of plants during the test

Blank compost Sample compost


Soybean growth, during test
25% Mix on the top,50% Mix on the bottom

Blank compost Sample compost


Soybean growth, after test
25% Mix on the top,50% Mix on the bottom
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Blank compost Sample compost


Corn growth, during test
25% Mix on the top,50% Mix on the bottom

Blank compost Sample compost


Corn growth, after test
25% Mix on the top,50% Mix on the bottom

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Additional information

No abnormal observations. The seedlings do not exhibit visible phytotoxic effects (e.g. chlorosis, necrosis,
wilting, leaf and stem deformations) and the plants exhibit only normal variation in growth and morphology
for soybean and corn.
#OECD 208:2006 is not covered by CNAS accreditation.

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free of charge. If the client, in response to such a request, is incapable of making available the reference
4.1 The scope and type of the services to be provided by TÜV Rheinland shall be specified in the contractually 10. Confidentiality
agreed service scope of TÜV Rheinland by both parties. If no such separate service scope of TÜV Rheinland samples and/or documentation, any liability claims for material and pecuniary damage resulting from the
For the purpose of these terms and conditions, “confidential information” means all know-how, trade secrets, respective testing and certification that is brought forward by the client against TÜV Rheinland shall be voided.
exists, then the written confirmation of order by TÜV Rheinland shall be decisive for the service to be provided. 10.1
Unless otherwise agreed, services beyond the scope of the service description (e.g. checking the correctness documents, images, drawings, expertise, information, data, test results, reports, samples, project documents, 15.4 The retention period for the documentation shall be 10 (ten) years after the expiry of the test mark certificates
pricing and financial information, customer and supplier information, and marketing techniques and materials, or shall meet the applicable legal requirements for EU/EC certificates of conformity and GS mark certificates.
and functionality of parts, products, processes, installations, organizations not listed in the service description,
tangible or intangible, that are supplied, transferred or otherwise disclosed by one Party (the “disclosing party“) 15.5 The costs of the handover and dispatch of the test samples for storage on the client’s premises are borne by
as well as the intended use and application of such) are not owed. In particular, no responsibility is assumed
for the design, selection of materials, construction or intended use of an examined part, product, process or to the other Party (the “receiving party“), in writing or orally, in printed or electronic format. Confidential the client. TÜV Rheinland will be liable for the loss of test samples or reference samples from the laboratories
information is expressly not the data and know-how collected, compiled or otherwise obtained by TÜV or warehouses of TÜV Rheinland only in case of gross negligence.
plant, unless this is expressly stated in the order.
4.2 The agreed services shall be performed in compliance with the regulations in force at the time the contract is Rheinland (non-personal and not proprietary to the client) within the scope of the provision of services by TÜV
entered into. Rheinland. TÜV Rheinland is entitled to store, use, further develop and pass on the data obtained in connection
16. Termination of the contract
4.3 TÜV Rheinland is entitled to determine, in its sole discretion, the method and nature of the assessment unless with the provision of services for the purposes of developing new services, improving services and analysing
otherwise agreed in writing or if mandatory provisions require a specific procedure to be followed. the provision of services. 16.1 Notwithstanding clause 3.3 of the GTCB, TÜV Rheinland and the client are entitled to terminate the contract
4.4 On execution of the work there shall be no simultaneous assumption of any guarantee of the correctn ess 10.2 The disclosing party shall mark all confidential information disclosed in written form as confidential before in its entirety or, in the case of services combined in one contract, each of the combined parts of the contract
(proper quality) and working order of either tested or examined parts nor of the installation as a whole and its passing it onto the receiving party. The same applies to confidential information transmitted by e-mail. If individually and independently of the continuation of the remaining services with six (6) months' notice to the
upstream and/or downstream processes, organisations, use and application in accordance with regulations, confidential information is disclosed orally, the receiving party shall be appropriately informed in advance and end of the contractually agreed term. The notice period shall be shortened to six (6) weeks in case TÜV
nor of the systems on which the installation is based. In particular, TÜV Rheinland shall assume no the disclosing party shall confirm in writing the confidentiality nature of the information within five working days Rheinland is prevented from performing the services due to a loss or a suspension of its accreditation or
responsibility for the construction, selection of materials and assembly of installations examined, nor for their of oral disclosure. Where the disclosing party fails to do so within the stipulated period, the receiving party notification.
use and application in accordance with regulations, unless these questions are expressly covered by the shall not take any confidentiality obligations hereunder towards such information. The client shall avoid using 16.2 For good causes, TÜV Rheinland may consider giving a written notice to the client to terminate the contract
contract. any third party platform and/or system (e.g. Wechat, etc. Unauthorized by TÜV Rheinland) to send any without bearing any liabilities and the client shall pay the relevant service fees for the services provided by
confidential information to TÜV Rheinland. Instead, the client shall send any confidential information to TÜV Rheinland due to the termination date of the contract. The aforesaid good causes includes but not limited
4.5 In the case of inspection work, TÜV Rheinland shall not be responsible for the accuracy or checking of the company email of TÜV Rheinland employees through its company email. If the client suffers from any losses to the following:
safety programmes or safety regulations on which the inspections are based, unless otherwise expressly or damages due to any theft or leakages to be caused by the adoption of any unauthorized confidential a) the client does not immediately notify TÜV Rheinland of changes in the conditions within the company
agreed in writing. information sharing methods mentioned above, TÜV Rheinland shall be waived for any compensation which are relevant for certification or signs of such changes;
4.6 If mandatory legal regulations and standards or official requirements for the agreed service scope change liabilities. b) the client misuses the certificate or certification mark or uses it in violation of the contract;
after conclusion of the contract, with a written notice to the client, TÜV Rheinland shall be entitled to additional 10.3 All confidential information which the disclosing party transmits or otherwise discloses to the receiving party c) in the event of several consecutive delays in payment (at least three times);
remuneration for resulting additional expenses. and which is created during performance of work by TÜV Rheinland: d) a substantial deterioration of the financial circumstances of the client occurs and as a result the payment
4.7 The services to be provided by TÜV Rheinland under the contract are agreed exclusively with the client. A a) may only be used by the receiving party for the purposes of performing the contract, unless expressly otherwise claims of TÜV Rheinland under the contract are considerably endangered and TÜV Rheinland cannot
contract of third parties with the services of TÜV Rheinland, as well as making available of and justifying agreed in writing by the disclosing party; reasonably be expected to continue the contractual relationship.
confidence in the work results (test reports, test results, expert reports, etc.) is not part of the agreed services. b) may not be copied, distributed, published or otherwise disclosed by the receiving party, unless this is necessary e) in the event of any serious misrepresentation, be it by intentional fraud or grossly negligent behavior of the
This also applies if the client passes on work results - in full or in extracts - to third parties in accordance with for fulfilling the purpose of the contract or TÜV Rheinland is required to pass on confidential information, managers, employees or agents of the client;
clause 11.4. inspection reports or documentation to the government authorities, judicial court, accreditation bodies or third f) if TÜV Rheinland, for reasons beyond its control, is temporarily or finally not able or entitled to continue or
4.8 The client understands and agrees that in order to perform the contract with TÜV Rheinland, the client may parties (including but not limited to the relevant direct and/or indirect proposed purchasers, vehicle finalize the performance of the service, e.g. in case of force majeure, government interference, sanctions, loss
need to sign one or more contracts/ agreements with a/more third party(ies) and establish legal relationships manufacturers/whole equipment manufacturers, test standards or test requirements providers of the client’s of accreditation or notification, or other.
with that/those third party(ies) according to such contracts/agreements. TÜV Rheinland will merely bears the test products and/or certified products, etc.) that are involved in the performance of the contract; g) if the country/region involved in the whole contract or the specific service project in the contract does not
corresponding legal liability according to this contract and the direct services actually to be provided by our c) must be treated by the receiving party with the same level of confidentiality as the receiving party uses to belong to the insurance coverage applicable to TÜV Rheinland, and TÜV Rheinland believes that there is a risk
company in the service process. If the relevant services are not directly provided by TÜV Rheinland (including protect its own confidential information, but never with a lesser level of confidentiality than that which is or some risks beyond its control to continue to perform the contract.
but not limited to any testing and certification services to be provided by third testing and certification reasonably required. 16.3 In the event of termination with written notice by TÜV Rheinland for good cause, TÜV Rheinland shall be
bodies), TÜV Rheinland will provide the client as agent for such relevant services. In order to achieve the 10.4 The receiving party may disclose any confidential information received from the disclosing party only to those entitled to a lump-sum claim for damages against the client if the conditions of a claim for damages exist. In
purpose of the contract, the client hereby agrees that TÜV Rheinland can also sub-entrust to a third party to of its employees who need this information to perform the services required for the contract. The receiving this case, the client shall owe 15% of the remuneration to be paid until the end of the fixed contract term as
provide agency services, but TÜV Rheinland shall not bear any responsibility and/or risk for any services to party undertakes to oblige these employees to observe the same level of secrecy as set forth in this lump-sum compensation. The client reserves the right to prove that there is no damage or a considerably lower
be provided by any third parties (including but not limited to the testing and/or certification services to be confidentiality clause. damage, TÜV Rheinland reserves the right to prove a considerably higher damage in individual cases.
entrusted and/or applied for by our company on behalf of the client to other third testing and/or certification 10.5 Information for which the receiving party can furnish proof that: 16.4 TÜV Rheinland is also entitled to terminate the contract with written notice if the client has not been able to
bodies, agency services provided by any other third agent(s), etc.). Besides, the client shall be liable in a) it was generally known at the time of disclosure or has become general knowledge without violation of this make use of the time windows for auditing /service provision provided by TÜV Rheinland within the scope of
accordance with the relevant laws and regulations and/or the terms under the contract. If the client is required confidentiality clause by the receiving party; or a certification procedure and the certificate therefore has to be withdrawn (for example during the performance
to conduct any annual review/surveillance of the relevant testing and/or certification service results and pay b) it was disclosed to the receiving party by a third party entitled to disclose this information; or of monitoring audits). Clause 16.3 applies accordingly.
additional fees in accordance with the relevant laws and regulations or the testing and certification rules, such c) the receiving party already possessed this information prior to disclosure by the disclosing party; or
fees are not within the scope of the contract price, the client shall timely perform the obligation of such annual d) the receiving party developed it itself, irrespective of disclosure by the disclosing party, shall not be deemed 17. Force Majeure
review/surveillance and pay the corresponding fees. If the client fails to perform such obligations of the annual to constitute “confidential information” as defined in this confidentiality clause. 17.1. “Force Majeure” means the occurrence of an event or circumstance that prevents or impedes a Party from
review/surveillance or fees payment, it may lead to adverse consequences such as failure/ 10.6 All confidential information shall remain the property of the disclosing party. The receiving party hereby agrees performing one or more of its contractual obligations under the contract, if and to the extent that that Party
suspending/cancellation/invalidity of testing and/or certification results, which shall not be borne/liable by TÜV to immediately (i) return all confidential information, including all copies, to the disclosing party, and/or (ii) on proves: (a) that such impediment is beyond its reasonable control; and (b) that it could not reasonably have
Rheinland. request by the disclosing party, to destroy all confidential information, including all copies, and confirm the been foreseen at the time of the conclusion of the contract; and (c) that the effects of the impediment could
4.9 For the service content agreed in the contract, if the client requires TÜV Rheinland to deliver relevant test destruction of this confidential information to the disclosing party in writing, at any time if so requested by the not reasonably have been avoided or overcome by the affected Party .
samples, data, etc. to any overseas laboratory or other places or sites to be designated by the client, TÜV disclosing party but at the latest and without special request after termination or expiry of the contract. This 17.2. In the absence of proof to the contrary, the following events affecting a Party shall be presumed to fulfil
Rheinland shall not take any responsibilities or risks for any problems during such delivery and the does not extend to include reports and certificates prepared for the client solely for the purpose of fulfilling the conditions (a) and (b) under paragraph 1 of this Clause: (i) war (whether declared or not), hostilities, invasion,
transportation process (including but not limited to any loss or damages of the samples and/or the materials, obligations under the contract, which shall remain with the client. However, TÜV Rheinland is entitled to make act of foreign enemies, extensive military mobilization; (ii) civil war, riot, rebellion and revolution, military or
etc.). Besides, the relevant freight fees shall be borne by the client. file copies of such reports, certificates and confidential information that forms the basis for preparing these usurped power, insurrection, act of terrorism, sabotage or piracy; (iii) currency and trade restriction, embargo,
reports and certificates in order to evidence the correctness of its results and for general documentation sanction; (iv) act of authority whether lawful or unlawful, compliance with any law or governmental order,
5. Performance periods/dates purposes required by laws, regulations and the requirements of working procedures of TÜV Rheinland. expropriation, seizure of works, requisition, nationalization; (v) plague, epidemic, natural disaster or extreme
10.7 From the start of the contract and for a period of three years after termination or expiry of the contract, the natural event; (vi) explosion, fire, destruction of equipment, prolonged break-down of transport,
5.1 The contractually agreed periods/dates of performance are based on estimates of the work involved which are receiving party shall maintain strict secrecy of all confidential information and shall not disclose this information
prepared in line with the details provided by the client. They shall only be binding if being confirmed as binding telecommunication, information system or energy; (vii) general labor disturbance such as boycott, strike and
to any third parties or use it for itself. lock-out, go-slow, occupation of factories and premises
by TÜV Rheinland in writing.
5.2 If binding periods of performance have been agreed, these periods shall not commence until the client has 17.3. The Party successfully invoking this Clause is relieved from its duty to perform its obligations under the contract
11. Copyrights and rights of use, publications and from any liability in damages or from any other contractual remedy for breach of contract, from the time at
submitted all required documents to TÜV Rheinland.
5.3 Articles 5.1 and 5.2 also apply, even without express approval by the client, to all extensions of agreed which the impediment causes inability to perform, provided that the notice thereof is given without delay. If
11.1 TÜV Rheinland shall retain all exclusive copyrights in the reports, expert reports/opinions, test reports/results,
notice thereof is not given without delay, the relief is effective from the time at which notice thereof reaches
periods/dates of performance not caused by TÜV Rheinland. results, calculations, presentations etc. prepared by TÜV Rheinland, unless otherwise agreed by the parties
5.4 TÜV Rheinland is not responsible for a delay in performance, in particular if the client has not fulfilled his the other Party. Where the effect of the impediment or event invoked is temporary, the above consequences
in a separate agreement. As the owner of the copyrights, TÜV Rheinland is free to grant others the right to use
shall apply only as long as the impediment invoked impedes performance by the affected Party. Where the
duties to cooperate in accordance with clause 6.1 or has not done so in time and, in particular, has not provided the work results for individual or all types of use (“right of use”)
TÜV Rheinland with all documents and information required for the performance of the service as specified in duration of the impediment invoked has the effect of substantially depriving the contracting Parties of what
11.2 The client receives a simple, unlimited, non-transferable, non-sublicensable right of use to the contents of the
they were reasonably entitled to expect under the contract, either Party has the right to terminate the contract
the contract. work results produced within the scope of the contract, unless otherwise agreed by the parties in a separate
5.5 If the performance of TÜV Rheinland is delayed due to unforeseeable circumstances such as force majeure, by notification within a reasonable period to the other Party. Unless otherwise agreed, the Parties expressly
agreement.The client may only use such reports, expert reports/opinions, test reports/results, results
agree that the contract may be terminated by either Party if the duration of the impediment exceeds 120 days.
strikes, business disruptions, governmental regulations, transport obstacles, etc., TÜV Rheinland is entitled to calculations, presentations etc. prepared within the scope of the contract for the contractually agreed purpose.
postpone performance for a reasonable period of time which corresponds at least to the duration of the 11.3 The transfer of right of use of the generated work results regulated in clause 11.2. of the GTCB is subject to
hindrance plus any time period which may be required to resume performance. 18. Hardship
full payment of the remuneration agreed in favour of TÜV Rheinland.
18.1 The Parties are bound to perform their contractual duties even if events have rendered performance more
5.6 If the client is obliged to comply with legal, officially prescribed and/or by the accreditor prescribed deadlines, 11.4 The client may use work results only complete and unshortened. The client may only pass on the work results
it is the client's responsibility to agree on performance dates with TÜV Rheinland, which enable the client to onerous than could reasonably have been anticipated at the time of the conclusion of the contract.
in full unless TÜV Rheinland has given its prior written consent to the partial passing on of work results.
18.2. Notwithstanding paragraph 1 of this Clause, where a Party proves that:
comply with the legal and/or officially prescribed deadlines. TÜV Rheinland assumes no responsibility in this 11.5 Any publication or duplication of the work results for advertising purposes or any further use of the work res
respect unless TÜV Rheinland expressly agreed in writing specifically stating that ensuring the deadlines is (a) the continued performance of its contractual duties has become excessively onerous due to an event
ults beyond the scope regulaed in clause 11.2, and any quotaion of the introduction of TÜV Rheinland need
beyond its reasonable control which it could not reasonably have been expected to have taken into account
the contractual obligation of TÜV Rheinland. the prior written approval of TÜV Rheinland in each individual case. Besides, the client ensures that the
at the time of the conclusion of the contract; and that
aforesaid use shall comply with relevant applicable laws, regulations and relevant rules (including but not
(b) it could not reasonably have avoided or overcome the event or its consequences, the Parties are bound,
6. The client’s obligation to cooperate limited to specific applicable testing and certification rules, etc.).
within a reasonable time of the invocation of this Clause, to negotiate alternative contractual terms which
11.6 TÜV Rheinland may revoke a once given approval according to clause 11.5 at any time without stating reasons.
6.1 The client shall guarantee that all cooperation required on its part, its agents or third parties will be provided reasonably allow to overcome the consequences of the event.
In this case, the client is obliged to stop the transfer of the work results immediately at his own expense and,
in good time and at no cost to TÜV Rheinland. 18.3. Where Clause 18.2 applies, but where the Parties have been unable to agree alternative contractual terms
as far as possible, to withdraw publications.
as provided in that paragraph, the Party invoking this Clause is entitled to terminate the contract, but cannot
6.2 Design documents, supplies, auxiliary staff, etc. necessary for performance of the services shall be made 11.7 The consent of TÜV Rheinland to publication or duplication of the work results does not entitle the client to use
request adaptation by the judge or arbitrator without the agreement of the other Party.
available free of charge by the client. Moreover, collaborative action of the client must be undertaken in the corporate logo, corporate design or test/certification mark of TÜV Rheinland.
accordance with legal provisions, standards, safety regulations and accident prevention instructions. And the 19. Partial invalidity, written form, place of jurisdiction and dispute resolution
client represents and warrants that: 12. Liability of TÜV Rheinland
a) it has required statutory qualifications; 19.1 All amendments and supplements must be in writing in order to be effective. This also applies to amendments
12.1 Irrespective of the legal basis, to the fullest extent permitted by applicable law, in the event of a breach of
b) the product, service or management system to be certified complies with applicablelaws and and supplements to this clause 17.1.
contractual obligations or tort, the liability of TÜV Rheinland for all damages, losses and reimbursement of
regulations; and 19.2 Should one or several of the provisions under the contract and/or these terms and conditions be or become
expenses caused by TÜV Rheinland, its legal representatives and/or employees shall be limited to: (i) in the
c) it doesn’t have any illegal and dishonest behaviours or is not included in the list of Enterprises ineffective, the contracting parties shall replace the invalid provision with a legally valid provision that comes
case of a contract with a fixed overall fee, three times the overall fee for the entire contract; (ii) in the case of
with Serious Illegal and Dishonest Acts of People’s Republic of China. closest to the content of the invalid provision in legal and commercial terms.
a contract for annually recurring services, the agreed annual fee; (iii) in the case of a contract expressly
If the client breaches the aforesaid representations and warranties, TÜV Rheinland is entitled to i) 19.3 Unless otherwise stipulated in the contract, the governing law of the contract and these terms and conditions
charged on a time and material basis, a maximum of 20,000 Euro or equivalent amount in local currency; and
immediately terminate the contract/order without prior notice; and ii) withdraw the issued testing shall be chosen following the rules as below:
(iv) in the case of a framework agreement that provides for the possibility of placing individual orders, three
report/certificates if any. a) if TÜV Rheinland in question is legally registered and existing in the People’s Republic of China, the contracting
times of the fee for the individual order under which the damages or losses have occurred. Notwithstanding
6.3 The client shall bear any additional cost incurred on account of work having to be redone or being delayed as parties hereby agree that the contract and these terms and conditions shall be governed by the laws of the
the above, in the event that the total and accumulated liability calculated according to the foregoing provisions
a result of late, incorrect or incomplete information provided by or lack of proper cooperation from the client. People’s Republic of China.
exceeds 2.5 Million Euro or equivalent amount in local currency, the total and accumulated liability of TÜV
Even where a fixed or maximum price is agreed, TÜV Rheinland shall be entitled to charge extra fees for such b) if TÜV Rheinland in question is legally registered and existing in Taiwan, the contracting parties hereby agree
Rheinland shall be only limited to and shall not exceed the said 2.5 Million Euro or equivalent amount in local
additional expense. that the contract and these terms and conditions shall be governed by the laws of Taiwan.
currency.
c) if TÜV Rheinland in question is legally registered and existing in Hong Kong, the contracting parties hereb y
12.2 The limitation of liability according to article 12.1 above shall not apply to damages and/or losses caused by
7. Prices agree that the contract and these terms and conditions shall be governed by the laws of Hong Kong.
malice, intent or gross negligence on the part of TÜV Rheinland or its vicarious agents. Such limitation shall
19.4 Any dispute in connection with the contract and these terms and conditions or the execution thereof shall be
7.1 If the scope of performance is not laid down in writing when the order is placed, invoicing shall be based on not apply to damages for a person’s death, physical injury or illness.
settled friendly through negotiations.
costs actually incurred. If no price is agreed in writing, invoicing shall be made in accordance with the price list 12.3 In cases involving a fundamental breach of contract, TÜV Rheinland will be liable even where minor negligence
Unless otherwise stipulated in the contract, if no settlement or no agreement in respect of the
of TÜV Rheinland valid at the time of performance. is involved. For this purpose, a “fundamental breach” is breach of a material contractual obligation, the
extension of the negotiation period can be reached within two months of the arising of the dispute, the dispute
7.2 Unless otherwise agreed, work shall be invoiced according to the progress of the work. performance of which permits the due performance of the contract. Any claim for damages for a fundamental
shall be submitted:
breach of contract shall be limited to the amount of damages reasonably foreseen as a possible consequence
7.3 If the execution of an order extends over more than one month and the value of the contract or the agreed a) in the case of TÜV Rheinland in question being legally registered and existing in the People’s Republic of
fixed price exceeds €2,500.00 or equivalent value in local currency, TÜV Rheinland may demand payments of such breach of contract at the time of the breach (reasonably foreseeable damages), unless any of the
China, to China International Economic and Trade Arbitration Commission (CIETAC) to be settled by
on account or in instalments. circumstances described in article 12.2 applies.
arbitration under the Arbitration Rules of CIETAC in force when the arbitration is submitted. The arbitration
12.4 TÜV Rheinland shall not be liable for the acts of the personnel made available by the client to support TÜV
shall take place in Beijing, Shanghai, Shenzhen or Chongqing as appropriately chosen by the claiming party.
8. Payment terms Rheinland in the performance of its services under the contract, unless such personnel made available is
b) in the case of TÜV Rheinland in question being legally registered and existing in Taiwan, to Chinese Arbitration
regarded as vicarious agent of TÜV Rheinland. If TÜV Rheinland is not liable for the acts of the personnel
Association, Taipei to be arbitrated in accordance with its then current Rules of Arbitration. The arbitration shall
8.1 All invoice amounts shall be due for payment within 30 days of the invoice date without deduction on receipt made available by the client under the foregoing provision, the client shall indemnify TÜV Rheinland against
take place in Taipei.
of the invoice. No discounts and rebates shall be granted. any claims made by third parties arising from or in connection with such personnel’s acts.
c) in the case of TÜV Rheinland being legally registered and existing in Hong Kong, to Hong Kong International
8.2 Payments shall be made to the bank account of TÜV Rheinland as indicated on the invoice, stating the invoice 12.5 Unless otherwise contractually agreed in writing, TÜV Rheinland shall only be liable under the contract to the
Arbitration Centre (HKIAC) to be settled by arbitration under the HKIAC Administered Arbitration Rules in force
and client numbers. client.
when the Notice of Arbitration is submitted in accordance with these rules. The arbitration shall take place in
8.3 In cases of default of payment, TÜV Rheinland shall be entitled to claim default interest at the applicable short 12.6 The limitation periods for claims for damages shall be based on statutory provisions.
Hong Kong.
term loan interest rate publicly announced by a reputable commercial bank in the country where TÜV 12.7 None of the provisions of this article 12 changes the burden of proof to the disadvantage of the client.
The decision of the relevant arbitration tribunal shall be final and binding on both parties.
Rheinland is located. At the same time, TÜV Rheinland reserves the right to claim further damages.
13. Export control The arbitration fee shall be borne by the losing party.
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. 13.1 When passing on the services provided by TÜV Rheinland or parts thereof to third parties in Greater China or
8.5 The provisions set forth in article 8.4 shall also apply in cases involving returned cheques, cessation of other regions, the client must comply with the respectively applicable regulations of national and international
payment, commencement of insolvency proceedings against the client’s assets or cases in which the export control law.
commencement of insolvency proceedings has been dismissed due to lack of assets.

February 2023

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