- IMQ MARKS- for product certification. Approved by the Board of Directors on 16 th December 2009

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1 - IMQ MARKS- RULES for product certification Approved by the Board of Directors on 16 th December 2009 CONTENTS Clause 1) Introduction Clause 2) General terms and conditions Clause 3) Certification procedure Clause 4) Granting of license of use of marks and/or distinctive marks Clause 5) Obligations of the Licensee Clause 6) Surveillance inspection of certification granted Clause 7) Suspension, revocation and renunciation of license granted Clause 8) Amendment or aborgation of regulations of reference standards and technical specifications Amendment to rules Clause 9) Fees Clause 10) Certification extent and liabilities Clause 11) Duration of Certification Agreement Clause 12) Information note ex art. 13, Legislative Decree n.196 of 20 th June 2003 Clause 13) Claims Clause 14) Competent Law Court IMQ - Via Quintiliano, Milan Tel.: (15 lines) - Fax: info@imq.it /reg imq

2 1.1 - General Clause 1 - INTRODUCTION The rules approved by the Board of Directors of IMQ S.p.A. (hereinafter referred to as IMQ ) are intended to define the procedure used by IMQ for the certification of products, components, material and equipment (hereinafter referred to as products ) and the granting of permission to use compliance marks. The Board of Directors of IMQ has passed a resolution to define the different homogeneous product sectors admitted for certification. As regards the products accepted for certification within those sectors reference shall be made to that referred to in paragraph 2.1 below. Any and all details concerning certifiable products and application procedures have been included under the heading Special Requirements, which should be considered special part and parcel of the present Rules. Under no circumstance shall the Special Requirements approved by IMQ Technical Committees of the sector involved (see paragraph 1.3) constitute a derogation from the general terms and conditions of the present Rules, unless otherwise approved by the Board of Directors of IMQ Certification scope The scope of the certification is to provide assurance with high levels of reliability that the whole production of a given product are in compliance with the standards or technical specifications of reference. Tests and verifications are required before granting permission of use but are also periodically carried out after the license has been granted. Under no circumstance shall IMQ guarantee preliminary inspections and verifications carried out to obtain certification shall give positive results, which are considered an essential element for granting certification of use Technical Committee The competent Technical Committees appointed by the Board of Directors of IMQ are intended to guarantee the correct application of the present Rules. Technical Committees shall be represented by the key figures involved in the specific sector for which certification is requested such as Public Administrations, Customers/Contractors, Consumers and Research/Standardizing Bodies. Clause 2 GENERAL TERMS AND CONDITIONS Certifiable products and applicable standards The definition of certifiable products within specified sectors as well as the standards and technical specifications applied for relative assessment and certification shall be in charge of the IMQ Technical Committee appointed by the sector involved, taking into account the following binding conditions: - Certification may be issued for mass-produced products only; - The use of technical specifications instead of standards in cases where there are no national or international standards available require consentt-based approval (1). In case of doubt, the competent Technical Committee shall decide whether products applying for certification are included in standards or technical specifications in order to be admitted for (1) Said specifications may be final projects of standardizing bodies CEI, UNI, CENELEC, CEN, IEC, ISO and/or standardizing bodies of other countries. In certain cases, contractual technical specifications may be used if no projects are available. Final project is intended as a document submitted to public inquiry, if any, and/or final inquiry of respective organization (such as FDIS document for IEC). Pag. 2 di 17

3 certification In order to obtain certification, products should be previously submitted to tests and inspections such as the type tests indicated in the standards and technical specifications in force at the moment of application. If certain requirements in CEI or UNI standards were difficult to apply and/or were in contrast with international standards already acknowledged but not yet introduced in the regulations of said bodies, the Technical Committee may grant temporary derogation only after due notice has been given to and no objection has been raised by CEI and UNI Requirements for Organizations applying for certification Applications for the certification referred to in the present Rules shall only be filed by the manufacturer (2) in respect of its own products and/or by any Organization having signed a specific agreement with the manufacturer Certifications shall only be granted if manufacturer and/or relative suppliers have appropriate production resources (such as staff, plants and equipment) and apply suitable documented procedures in order to guarantee product compliance with relative standards and/or technical specifications. In addition, the Technical Committee may determine the minimum number of tests and relative procedures required to guarantee compliance of certain categories of products. Said tests may be performed at the factory of manufacturer or relative suppliers and/or at the laboratory of a third party upon prior approval on the part of IMQ Product delivery and collection Organizations applying for certification (hereinafter referred to as Applicant ) shall send products to the laboratory indicated by IMQ for relative testing together with the documentation required in accordance with the legislations in force. In exceptional circumstances products to be submitted to testing may be directly transported or imported by IMQ. In this case, any expenses incurred by IMQ shall be duly invoiced in accordance with the extra charges provided for in its own Scale of Fees in force at that moment The Organization to whom certification and permission of use of compliance marks have been granted (hereinafter referred to as Licensee ) shall send the products selected by IMQ for verification and control (see sub-paragraph ) to the laboratory indicated by said company. Licensee shall take all precautions to guarantee products reach destination in good conditions within two (2) months from the date on which surveillance inspection on the part of IMQ representatives took place. Should Licensee failed to fulfill said obligations, IMQ reserves the right to carry out further production site inspections at the expense of the Licensee The samples tested by IMQ shall be collected by the Organization owner of said samples within two (2) months from the notice served with the results obtained, unless an appeal was made against the decision of IMQ as reffered to in clause 13 below. Should Licensee not collect said samples within the time period above, IMQ shall be authorized to send them back to Licensee at the expense of the latter and/or to distruct and place said samples in a public waste disposal site with no obligation to provide documentary evidence in this last case. The type of solution and procedure adopted to get rid of said samples shall fall within the exclusive competence of IMQ. Should tested prototypes and samples be returned in their actual condition, the Organization proprietor of said samples shall be changed with relative shipping expenses. (2) The term manufacturer is intended as any Organization having one or more branches which controls the different production phases from manufacturing, to verification, handling and storage of any given product. The manufacturer is fully responsible for continuous compliance of product with applicable requirements and therefore undertake any and all obligations derived thereof. Pag. 3 di 17

4 2.4 - Publication of certification application Applicant shall not be entitled to publish certification application until relative license for permision of use has been granted. However, in certain cases (such as call for tenders) IMQ may allow applicant to communicate to a third party that the certification application has been filed and is under evaluationin, provided due request is made to IMQ stating relative grounds Certification granting and maintenance Fees due Certification granting and maintenance shall depend upon: - Positive report on compliance with requirements of applicable standards/regulations ; - Payment of fees due for certification issue management; - Payment of fee due for tests and inspections provided for; - Payment of fee due for certification maintenance (so-called fees ) IMQ resources used for compliance assessment All tests, surveillance inspections and checks on products applying for certification shall be performed by IMQ at its own laboratory and/or outside laboratories, including that of manufacturer or suppliers qualified pursuant to specific procedures in conformity with applicable standards Testing at the laboratory of manufacturer and/or suppliers, if any, shall be performed by IMQ personnel and/or outside personnel, duly qualified pursuant to specific procedures and also in compliance with applicable standards who shall undertake to maintain professional secrecy Obligation of confidentiality Records concerning certification application and product/process assessment (documentation, recording, notices, test reports, etc.) shall be considered strictly confidential, unless otherwise set forth in mutual agreements entered by IMQ, even towards accreditation Bodies. Access to certification documentation shall be strictly reserved to the IMQ personnel involved in the certification procedure. Should comunication or disclosure of product/process data belonging to an Organization be required pursuant to the provisions of the law, IMQ shall be obliged to give due notice in writing to said Organization Prohibition to render advisory services Under no circumstances shall IMQ render advisory services in connection with the activities provided for in the present Rules either to obtain or to maintain certifications granted How to apply for the certification Clause 3 - CERTIFICATION PROCEDURE Applicant shall fill in: - the certification application form with the following information: company name and address; type of certification requested; identification of product for which application is made (product type, model, item code, name and/or trading name, etc.); name and address of manufacturer, location of manufacturing plant(s) of product for which appliacation is made; standard or technical specifications in respect of which certification is requested; name of contact person of own company and manufacturer; Pag. 4 di 17

5 - Offer acceptance form. Certification application and offer acceptance form should be duly sealed and signed by the legal representative or holder of power of attorney of the applicant company The following documentation should be attached to the first application for certification: a) Certificate of registration of applicant at the Chamber of Commerce of the country of origin or equivalent document; b) mark logo or identification marks used in the products in question (see paragraph 4.5); c) copy of quality system management certificate of manufacturer, if any; d) documentation relative to products for which application is made; Note: IMQ shall be entitled to request one or more drawings of the product for which certification application is made. e) declaration stating the product is being or shall be mass-produced; f) documentation requested for specific certification purposes; g) acceptance form for approval of present Rules and relative Special Requirements ; Successive applications shall only include other documentation not in the possession of IMQ (in general all that indicated in sub letters d, e, f) Application instructions Upon receiving the application, IMQ shall: - register the application after carefully examining form data and documentation attached; - Request further documentation different from above whenever considered necessary or fit for certification purposes; - give due notice to applicant in respect of the fees due for certification procedure if no preliminary quotation has been made (see sub-paragraph ); - agree with Applicant and also with manufacturer if different from Applicant- on the inspections intended to check compliance with the requirements referred to in ; - inform Applicant on the selection of samples to be sent free of charge to the IMQ laboratory for relative testing and inspection. - make applicant sign the Contract (3) governing relations with IMQ IMQ may not to carry out certain activities required by the certification procedure when Applicant submits test and/or assessment reports issued by Bodies acknowledged by IMQ on the basis of mutual agreements and procedures, provided said omission is compatible with the reference requirements of the application involved Certification procedure Manufacturer inspection Even if manufacturer and/or suppliers ( if any) comply with the requirements referred to in , IMQ inspections shall be required anyway.. The sampling method shall be used for compliance verification, consisting of interviews to personnel, direct on-site observation of activities performed, tests as well as inspection of work areas, documents and data recording. Manufacturer and/or supplier personnel shall provide assistance to the IMQ representatives in charge of verification and also guarantee safe access to all work areas and personnel involved in activities connected with the certification procedure. Applicant undertakes to provide IMQ representatives all instruments required for correct assessment. In particular, Applicant shall place at the disposal of IMQ representatives: - all documents relative to products in respect of which certification application has been filed; - data recording of products, including internal inspections and test reports; - any information required to guarantee safe access to production areas submitted to inspection (see paragraph 5.4). (3) The Contract is stipulated for each category of product or sector relative to the certification application. Pag. 5 di 17

6 After the inspection IMQ representatives shall fill in an assessment report (hereinafter referred to as report ). Before said assessment report is considered final, the Organization submitted to inspection shall: - be informed on the inspection results obtained; - have the opportunity to discuss on the assessment report with IMQ representatives; - sign the report by way of acknowledgement and receive relative copy. Should IMQ not send written notice to Applicant rectifying results obtained within one (1) month from the date on which inspection took place, the assessment report shall be considered final and confirmed Applicant undertakes to eliminate any non-compliance detected during the aforesaid verification by sending due written notice specifying the corrective actions proposed, providing all useful elements for correct evaluation on the part of IMQ (corrective actions time schedule and responsibilities, documentary evidence, etc.) In case of numerous or serious non-compliance, IMQ reserves the right to perform an additional inspection Certification procedure Product inspection For every range of homogeneous products in respect of which certification application has been filed, IMQ shall select a number of samples to be submitted to the tests and inspections referred to in paragraph 2.1. The tests and inspections performed by IMQ are intended to check compliance of samples sent by Applicant with all the requirements provided for in the standards and technical specifications of reference IMQ shall give due notice of tests and inspection results to Applicant. If the samples submitted to testing were not in compliance with the standards and technical specifications of reference, other tests and inspections may be carried out on other samples correctly modified for said purpose. Applicant shall provide suitable documentary evidence of the corrective actions taken after negative results of first inspection. Applicant shall be charged with any expenses incurred for carrying out further tests and inspections. Inaddition, if product is already marketed and/or considerable modifications have been made, IMQ may request Applicant to change type reference and model number before final certification is granted Certification issue and validity Depending on the results of the inspections performed at manufacturer plant (see paragraph 3.3) and the tests and inspections carried out on products (see paragraph 3.4), IMQ may decide whether to grant certification requested or not Once the certification is granted, IMQ shall send relative certificate to Applicant now Licensee-, indicating the following information: Name and registered office of Licensee, manufacturing plant(s) to which certificate refers, product and/or homogeneous range of products in respect of which certification application has been filed, reference standards and technical specifications, compliance marks for which permission of use is ganted, date of issue as well as any other information required by standards and/or for accreditation purposes Certificate validity shall be bound to the validity of standards or technical specifications used for certification. In certain cases IMQ may limit certificate validity to one (1) year from date of issue in which case renewal for similar time periods shall only be possible upon written request of Licensee. Certificate validity shall depend upon the contractual relationship with IMQ and positive supervision outcome referred to in clause 6 below. Should contract be annulled due to any reason whatsoever, certificate shall no longer have validity and legal effect. Pag. 6 di 17

7 Once issued, certification data shall be entered into the IMQ data bank of certified products for subsequent release. Data concerning certification granted shall be transmitted depending on IMQ accreditation status and whenever provided for- to the accredited Body that shall enter relative data in its own data bank Licensee shall be obliged to: - leave tested prototype at IMQ premises during the whole certification validity; Or else - custody tested prototype at own premises, provided it is duly countersigned and stamped and placed entirely at the disposal of IMQ. As an alternative, a dossier with technical documentation shall also be allowed (descriptions, drawings, general and detail fotographs). IMQ may allow derogation from this requirements on the basis of the existing agreements reached with Testing or accredited certification Bodies Should certification not be granted, IMQ shall give due written notice to Applicant stating the grounds of said decision. Applicant shall be entitled to demonstrate any non-conformity detected has been corrected upon condition further documentary evidence is supplied and new tests are requested within the time period determined by IMQ. Said additional elements shall be assessed as referred to in Applications shall be cancelled if it were impossible to grant certification within the time period established Applicant shall also be entitled to file an appeal against the decision of the Technical Committe if the certification application had been rejected in accordance with the provisions of clause Independently from the results of tests and inspections, IMQ reserves the right to keep all documentation attached to the application Accreditation on the part of IMQ Suspension, renunciation and revocation As a Conformity Assessment Body, IMQ may be accredited by the National Italian Accreditation Body" (ACCREDIA). You may visit the websites and or contact IMQ to check relative accrediation in the different schemes and sectors as far as the certification of products referred to in the present Rules are concerned Whenever required, IMQ shall give due notice to Applicant or Licensee on the suspension, renunciation or revocation of its own accreditation for the scheme of interest and/or provide asistance for transfer to another accredited Body IMQ shall not be held responsible for any damages derived to Licensee for the suspension, renunciation or revocation of accreditation referred to above whereas Licensee shall be entitled to renounce to the certification granted without giving any notice and with no additional charges. Clause 4 - PERMISSION OF USE OF MARKS AND DISTINCTIVE MARKS Permission of use of marks As from date of issue of the certificate, Licensee shall be entitled to use the marks for which permission of use has been granted by IMQ, only with respect to the single scheme(s) for which certification has been obtained (hereinafter referred to as the marks )). Said marks have been included under the Special Requirements of the different sectors. They are legally registered as collective marks and all rights derived thereof may only be exercised by the juridical person who made the registration. Pag. 7 di 17

8 4.2 - Regulations on the use marks (i) Marks granted by IMQ Licensee shall apply the marks granted by IMQ with relative certification on all certified products. In addition, Licensee may use said marks on any material related to certified products such as advertising material and product packaging, always in compliance with the following terms and conditions: - clear identification of certified products; - during period of validity of certificate; - give right meaning to certification of which marks are a symbol; - no change of shape (only enlarged or reduce in size as along as they are perfectly legible); - use colours specified or in while/black colours. (ii) ACCREDIA mark As an alternative, Licensees holding certifications issued under accreditation may use this mark together with the mark granted by IMQ in compliance with the regulations indicated in the document ACCREDIA Regulations governing the use of the accreditation mark ACCREDIA, to which reference is hereby made. Said document is available on the website Improper use of certification marks Use of marks and certifications shall be considered incorrect if there were any intention to deceive the addressee or whenever used not in compliance with the present Rules. As a mere example, it is incorrect to use marks and/or certifications in association with the products of the Licensee when: certification has not been granted; certification has been suspended or revoked; during validty of the procedure Inspection upon request (see sub-paragraph ), Licensee introduces on the market certified products not yet assessed by IMQ; marks are coupled with products not covered by the certification; the way marks are used may be interpreted as marks of compliance with management systems of the Organization Improper use of certifications and marks Actions on the part of IMQ IMQ shall take any action required to put an end to any improper use above while protecting its own rights as considered necessary or fit, either advertising the event in the press or using its own means of communication Trademarks or identification marks of Manufacturer Trademark or identification mark of manufacturer must be affixed to products pursuant to the standards and technical specifications used for certification, including Special Requirements Holders of certification shall deposit a copy of manufacturer trademark or identification mark with IMQ In case of variation, Licensee shall send a copy of the new trademark and identification mark to IMQ. Pag. 8 di 17

9 Clause 5 - OBBLIGATIONS ON THE PART OF THE LICENSEE Licensee obbligations In agreeement with the manufacturer (if different from Licensee), Licensee shall undertake to: a) Guarantee constant compliance with the requirements referred to in ; b) Keep under control activities and processes having an impact on product quality in accordance with the requirements of the certification scheme(s) for which certification has been obtained; Note: IMQ undertakes to place at the disposal of Licensee any documentation relative to said requirements. c) To periodically check and test compliance of certified production either directly or through third party laboratories, upon prior consent on the part of IMQ (see sub-section )-. To that end, the instruments and equipment used for testing and inspection shall be in good operating conditions; Note:the test criteria and procedures defined by the Technical Committee are specified in the Special Requirements of the relative sector. d) To give due prior and detailed notice to IMQ of any modification made of certified products. In this case, IMQ reserves the right to accept any modification proposed and/or to request further tests and inspections at the expense of the same Licensee and/or request modification of reference type and model number; e) To give due notice to IMQ in case of transfer of the production site indicated in the approval certificate in which case IMQ reserves the right to carry out further inspections; f) To provide product, upon request of IMQ, with any reference required to trace back production date either through registration number or any other coding system; g) To communicate to IMQ the quantity of certified products manufactured whenever requested by the same IMQ; h) To avoid any type of ambiguity or confusion between own certified and uncertified products in catalogues, lists and advertisments in general and also avoid any type of unauthorized or ambiguous declarations and/or advertisements of own certification; i) Do not use own certification in such a way so as to throw discredit on IMQ; j) To start legal proceedings against anybody who made incorrect use of the marks granted by IMQ (see clause 4) with own trademarks and identification marks; k) To keep records of claims lodged and legal actions taken in respect of certified products and demonstrate relative management whenever requested by IMQ; l) To guarantee access to production sites to Accreditation Body personnel accompanied by IMQ representatives whenever in connection with the IMQ accreditation status; due pior notice shall be given in respect of said inspections which are intended to evaluate operation on the part ofimq personnel; Not to deny access to Accreditation Body personnel, except for cases of justified rejection of single individuals appointed for assessment, under penalty of cancellation or suspension of the certification granted; m) Pay any fees due for certification maintenance as well as for any other expenses incurred for tests and inspections provided for in the present Rules; n) To consent to and facilitate IMQ carry out any inspection required to check compliance of production site(s) or other areas involved with the certification granted even within six (6) months after expiry of Certification Contract Certification modification Should Licensee intend to modify certification validity, written request shall be made to IMQ who shall decide whether it is necessary to carry out further tests and inspections or not. Any costs s incurred in connection with said request shall be charged to Licensee Transfer of certification Obbligation of notice Use of certification is reserved to the Organization and the sphere of application indicated in the relative certificate. Transfer of certification shall not be allowed, except in case of transfer, transformation, merger, division or sale of a branch of business of the Organization holding the certification. In such cases, the Organization shall serve immediate notice to IMQ within fifteen (15) days form relative registration at the Register of Companies (if any); Default in sending said notice within the Pag. 9 di 17

10 aforesaid time period shall imply suspension or revocation of the certification. In those cases, wirtten request shall be sent to IMQ to maintain certification in the new name derived from any such transfer, transformation, merger, division or sale of branch of business, accompanied by a copy of the relative certificate of registration at the Chamber of Commerce and any other documentation considered necessary or fit for that purpose. IMQ shall check compliance of the subject-matter of the certification with the standards or technical specifications of reference to ensure no modification has been made, even by requesting additional tests and inspections. Any expenses met for certification updating and/or for additional tests and inspections shall be charged o the Organization derived from the aforesaid structure modification Industrial safety Information report In compliance with the legislative provisions in force in the field of industrial safety and accident prevention, Licensee, in agreement with the manufacturer (if different from Licensee), shall undertake to provide IMQ with a complete and detailed information report on the specific risks related with the working envirorment in which IMQ personnel shall operate.in agreement with the manufacturer (if different from Licensee), Licensee shall undertake to promote coordination and cooperation for implementing accident prevention and protection measures and actions in the work enviroment in which IMQ personnel shall operate.utilizing its own personnel assigned to the task, Licensee shall guarantee protection to workers and all persons working within the same enviroment General Clause 6 - CERTIFICATION SURVEILLANCE IMQ shall conduct periodic surveillance of manufacturer to check compliance with the requirements provided for in the present Rules: Likewise, IMQ shall also conduct periodic surveillance of certified products to ensure compliance with reference standards and technical specifications are maintained. Periodic surveillance including testing, inspections and visits shall be conducted in accordance with the criteria indicated in the paragraphs below, as integrated in the Special Requirements of the sector involved Inspections at Manufacturer s plant IMQ shall inspect certified products at manufacturer s plant according to the frequency determined by the Technical Committee Access to plant, warehouses and laboratories of manufacturer and/or subsuppliers, if any, shall be guaranteed to IMQ representatives at any time during normal operating hours with no need of prior notice IMQ representatives shall be entitled to carry out any and all checks and inspections considered useful for checking compliance with the requirements set forth in the present Rules. In particular, testing activity shall be supervised and relative results recorded in accordance with all that referred to in 5.1 c). Manufacturer shall facilitate and agree to any inspection on the part of IMQ representatives who shall undertake to limit their intervention in the activity of the manufacturer as much as possible During inspections IMQ representatives shall be entitled to collect samples of whole or part of certified products from plants or warehouses of manufacturer and/or subsuppliers in order to check production compliance with the standards and technical specifications of referencce. Licensee shall permit IMQ collect said samples free of charge- up to the extent considered necessary and/or fit to guarantee credibility of the present Rules, on the basis of the criteria defined by the competent Technical Committee Licensee in agreement with manufacturer (if different from Licensee) shall send collected samples to the laboratory indicated by IMQ at his own exepnse, taking all precautions required to Pag. 10 di 17

11 guarantee arrival to place of destination in good conditions within up to (2) months from date of collection (see sub-paragraph ) Should it be impossible to test a certain category of certified products for a period of two (2) years due to unavailability of required samples, IMQ shall be entitled to revoke relative certification. However, IMQ may propose Licensee to apply for the On Call procedure before the License is revoked. Said proposal shall be made by registered letter with advice of receipt and/or by any other means pursuant to the provisions of the law. Included in the proposal shall be the fees charged to Licensee for the application of the above mentioned procedure. Should the proposal be accepted by Licensee, the procedure shall not become effective until two (2) years have elapsed from last call requesting an inspection. Should Licensee not agree to the proposal, IMQ shall revoke the relative license Market control In order to check production compliance with the standards and technical specifications of reference, IMQ shall be entitled to collect samples of certified products available on the market. Products collected shall be new and in good conditions Should any product irregularity be detected, Licensee shall undertake to reimburse IMQ any expenses met for purchasing said products IMQ testing As already referred to in paragraphs 6.2 and 6.3, IMQ shall carry out all or part of the laboratory tests indicated in sub-section l to check their compliance with the standards and technical specifications of reference. Said tests shall be in conformity with the plans and criteria defined by the competent Technical Commission, included in the Special Requirements of the sector involved Expenses concerning said control tests shall be at the expense of the Licensee or may be covered by the certification maintenance agreement on the basis of the IMQ Tariffs in force Non-conformity on the part of manufacturer Should any non-compliance be detected on the part of the manufcturer, IMQ shall give due notice to Licensee requesting the elimination of said non-conformity within a given time period and provide adequate proof of said elimination If any severe or recurring non-conformity were detected and/or if it were not possible to inspect manufacturer s plant over a long period of time, IMQ shall be entitled to suspend relative certification. Said suspension shall be annuled only if the non-conformity detected has been satisfactorily eliminated (see paragraph 7.1 and 7.2) Product non-conformity Should IMQ ascertain certified products are not in compliance with the standards and technical specifications in accordance with the criteria defined by the Technical Committee for that product type, written notice shall be given to Licensee requesting own opinion and remarks as well as the elimination of any defect detected within a given time period In the event of recurring or severe non-conformity, IMQ shall order Licensee to discontinue production and remove that product from the market. In this last case, Licensee may request IMQ to collect further samples of the same model from the locations considered more convenient. The number of samples tested shall be determined on the basis fo the nature and seriousness of the non-conformity detected. IMQ may decide to susspend the validity of the order referred to in the first paragraph or not during the time period required for retesting. Any expenses incurred for retesting defective products shall be charged to Licensee. Pag. 11 di 17

12 The order referred to in sub-paragraph above shall be annuled only if the samples submitted to retesting are in compliance with the standards and technical specifications Should retested samples be not in compliance, product production and supply to the market shall be authorized by IMQ only after further samples collected by Licensee have been retested and/or inspections at manufacturer s plant carried out, provided suitable technical measures have been taken to guarantee future conforrmity. Any expenses incurred for product retesting and plant inspections referred to above shall be charged to Licensee. In addition, IMQ may request Licensee to withdraw non-conforming products from the market Default in complying with all that provided for in sub-paragraph within the time period provided for in the relative notice, shall entitle IMQ to revoke the certification for the product in question (see paragraph 7.3). Clause 7 - SUSPENSION, RENUNCIATION AND REVOCATION OF LICENSE GRANTED Certification suspension Certification may be suspended whenever IMQ believes certified product is no longer in compliance with the requirements set forth in standards, legislative provisions and/or regulations, and/or in any of the following cases: a) Non-fulfillment on the part of Licensee of the obligations referred to in clause 5 above; b) Identification of serious or high number of non-conformities, non-adoption of corrective actions in general, negative results of supervision inspections (see. paragraphs 6.5 and 6.6); c) Impossibility to carry out supervision inspections within the time periods indicated in the Special Requirements and/or additional inspections requested by IMQ; d) Upon well-grounded request on the part of the Organization; e) In case of non-payment of any amount due to IMQ for any reason whatsoever Consequences derived from certification suspension During suspension period, Licensee shall: - be obliged to suspend production and supply to market of certified product(s) which constitute(s)s the subject-matter of the suspension; - not be entitled to use the certificate and marks referred to in clause 4 of the present Rules, nor qualify as holder of the Certification; - be liable to pay any amount due by way of certificaiton maintenance. In turn, IMQ : - may suspend the supervision activity referred to in clause 6 above; - shall give due notice of suspension to all Bodies involved Suspension may be annulled only if Licensee demonstrates to have removed defects identified and adopted suitable corrective and preventive actions to prevent non-conformity recurrance. Before right of use of the certification is granted again, IMQ shall be entitled to carry out further tests, checks and inspections, whether documented or not, at the Organizations involved (Licensee, manufacturer and subsuppliers) in order to ensure problems detected have been actually solved. Any and all expenses met in connection with said additional tests and inspections shall be charged to Licensee Certification shall be revoked if suspension is not annulled within six (6) months, being said time period reduced to one (1) month in the case provided for in sub-paragraph 7.1, letter e) Notice of certification suspension or reinstatement shall be given to Licensee by registered letter with advise of receipt and/or any other means in compliance with the provisons of the law. Pag. 12 di 17

13 7.3 - Certification revocation Certification may be revoked in case of breach of the Certification Agreement. In particular, certification shall be revoked in any of the following cases: a) Bankruptcy or termination of activity of Licensee; b) Non-fulfilment of obligations undertaken under clause 5 and 6 above; c) Non-enforcement of the order referred to in sub-paragraph ; d) Irregular or illegal use of certificate and/or mark; e) Condemnation of manufacturer for non-compliance with legally binding requirements of product which constitute the subject matter of certification; f) Non-compliance with modifications required in consequence of amendment to standards and/or regulations; g) Lack of annulment of certification suspension pursuant to that provided for in sub-paragraph Notice of revocation shall be given to the Organization by means of registered letter with advice of receipt or by any other means in compliance with the provisions of the law Consequences derived from certification revocation In the event of revocation, Licensee shall undertake: a) to suspend production and supply to market of certified product(s) which constitute(s)s the subject-matter of the suspension; b) to give notice within fifteen (15) days from receipt of revocation notice and also sell out any stock of certified product at the plants and/or warehouses involved within the time period indicated by IMQ; c) not to use granted certificate and mark(s) any more. d) to eliminate said marks as well as any reference thereof from products, catalogues and all documents; e) to pay any amount due to IMQ. In turn, IMQ shall: aa) interrupt the surveillance activity referred to in clause 6 above; bb) cancel product certification from the data banks referred to in sub-paragraph above; cc) give due notice of revocation to all Bodies involved. whenever considered necessary or fit, IMQ shall also: dd) Request Licensee to change type reference or model number of product for which certification has been revoked; ee) request Licensee, in the case products for which permission of use has been revoked for being defective and prejudicial to users are still on the market, to withdraw all product units from own deposits within the time period indicated by IMQ. Should Licensee not comply with the requests referred to in dd) and ee) above, IMQ shall publicize as considered necessary or fit the presence on the market of said non-complying product for which certification has been revoked Renounciation to certification Licensee may renounce to certification: a) in the case of withdrawal referred to in clause 11 below; b) for all or part of the models included in the certificate of approval, by giving at least fifteen (15) days notice with respect to the date of invoice of the rights of maintenance indicated in the IMQ Scale of Fees. c) If he no longer intends to adjust to the variations of the standards and technical specifications of reference (see paragraph 8.1); d) if he does not accept any amendment made to the present Rules and/or to the Special Requirements (see paragraph 8.2.); e) if he does not accept any tariff variation for the annual maintenance of the certification (see Pag. 13 di 17

14 paragraph 9.2); f) in case of renunciation or revocation of IMQ accreditation for certification in accordance with the scheme of interest (see sub-paragraph ); Notice of renunciation shall be given by registered letter with advice of receipt or by any other means in accordance with the provisions of the law; If all certificates associated to a given Certification Contratract had been annulled, Licensee may: - withdraw from same Contract, as referred to in paragraph 11.3 below; - keep Contract active. In this last case, IMQ shall continue with the surveillance inspection referred to in paragraph 6.2 based on a special procedure for the case in question and the application of fees indicated in the IMQ Scale of Fees. Applicant may renounce to certification even before it is granted. However, in this case: - if renunciation took place before testing/inspection on the part of IMQ, Applicant shall be obliged to pay any amount due for documentary application management; - should renunciation take place when testing/inspection is already in progress but before assessment procedure is completed, Applicant shall be obliged to pay 50% (fiftty per cent) of the amount due for certification Consequences derived from renunciation to certification In the event of renunciation to the certification, Licensee shall undertake: a) not to apply the mark(s) related to the certification granted for the products involved and not to increase relative production during advance notice period; b) to give notice within fifteen (15) days from receipt of renunciation notice and also sell out any stock of certified product at the plants and/or warehouses involved within the time period indicated by IMQ; c) to eliminate certification-related mark(s) and/or reference from products, catalogues and documents; d) to pay any amount owed to IMQ in case of withdrawal from Certification Contract; In turn, IMQ shall: aa) interrupt the inspection activity referred to in clause 6 above; bb) cancel product certification from the data banks referred to in sub-paragraph above; whenever considered necessary or fit, IMQ shall also: cc) Request Licensee to change type reference or model number of product in respect of which notice of certification renunciation has been given whenever relative production is still in progress. Should Licensee not comply with the requests referred to in cc) above, IMQ shall publicize as considered necessary or fit the presence on the market of the product for which Licensee does no longer hold any certification. Clause 8 - AMENDMENT OR ABROGATION OF REGULATIONS OF REFERENCE STANDARDS AND TECHNICAL SPECIFICATIONS AMENDMENT TO RULES Amendment or abrogation of reference standards and technical specifications IMQ shall immediately serve notice on Licensee if reference standard(s) and technical specifications were amended or repealed. Licensee shall be entitled to make product comply with the new requirements within the time period indicated by IMQ and/or renounce to the certification granted. Should Licensee decide to maintain certification, IMQ shall check compliance of product with the new requirements laid down in reference standards and technical specifications. Any expenses met for said inspection shall be charged to Licensee. IMQ shall therefore communicate estimated inspection cost to Licensee in advance for relative approval. Pag. 14 di 17

15 In case of renunciation or non-fulfilment of the obligation to update certification procedure, IMQ shall annul the relative certificate Amendment to Rules Should any amendments requiring acceptance on the part of Applicant or Licensee be made to the requirements set forth in the present Rules and/or those included under Special Requirements, IMQ shall give due notice to Applicant or Licensee by registered letter with advice of receipt or any other means in accordance with the provisions of the law, while publicizing said amendment on the company website Default in replying by registered letter with advice of receipt within one (1) month from receipt of notice of the amendment to Rules shall imply tacit acceptance of said amendment on the part of Applicant or Licensee. Clause 9 - FEES Amounts and fees due for certification maintenance Amounts due for certification granting and maintenance as well as relative terms and conditions of payment are usually indicated in the quotation (see sub-paragraph ) or the notice referred to in sub-paragraph , both documents written in accordance with the fees indicated in the IMQ Scale of Fees in force on the basis of the information supplied to the Organization. As for any other aspect not expressly referred to in the above quotation and notice or if there no any such offer or notice, referrence shall be made to the IMQ Scale of Fees in force IMQ Scale of Fees variations Due notice shall be given to Licensees and Applicants by registered letter in case of variation of annual fees for maintenance certification. Licensee shall be entitled to renounce to the certification within one (1) month from date of receipt of notice informing about annual fees variations. No renunciation shall imply acceptance on the part of Licensee of said variations. Fees applied in case of renunciation of Licensee shall be those in force before variations, until cancellation of contractual relationship. Clause 10 CERTIFICATION EXTENT AND LIABILITY Legally binding obbligations and requirements Liability on the part of Licensee and manufacutrer- Indemnity Granting and maintenance of product certification shall not imply liability on the part of IMQ for any non-fulfilment of legal obligations and/or non-compliance with legally binding requirements falling within the competence of Licensee and/or manufacturer (if different from Licensee). Therefore Licensee and/or manufacturer shall be held liable, even with respect to third parties, for compliance of own products and processes with pertinent legally binding requirements provided for in international, national or local regulations, laws, etc, being also liable to meet the expectations of customers and third parties in general Licensee further undertakes to indemnify IMQ and/or relative employees, assistants or freelancers against any claim lodged or proceedings started by any party whatsoever in respect of any accident or damage to third parties connected with the activity developed by IMQ pursuant to the present Rules. Pag. 15 di 17

16 Non-fulfillment on the part of IMQ Limitation of liability IMQ shall be held responsible towards Licensee only in the case of damages derived from fraud or gross negligence Without prejudice to that referred to in sub-paragraph above, liability on the part of IMQ for any damage derived from total or partial execution and/or non-fulfilment of own obligations as provided for in the present Rules shall be up to three (3) times the amount pay for the work carried out by IMQ for the certification of the product(s) in question, after due assessment of the event which led to liability towards IMQ Forfeiture clause Any claim for damages against IMQ shall be lodged by Applicant or Licensee under penalty of forfeiture within one (1) year from the event which gave rise to said claim. Clause 11 DURATION OF CERTIFICATION CONTRACT The open-ended contract (see sub-paragraph ), of which the present Rules shall be considered part and parcel, shall be stipulated as from the date of acceptance of IMQ quotation on the part of Applicant and/or from the date of the first application for product certification Applicant shall be entitled to withdraw from the stipulated Contract by giving at least fifteen (15) days advance notice by registered letter with advice of receipt or any other means considered valid pursuant to the provisions of the law Licensee shall be entitled to withdraw from the Contract by giving fifteen (15) days advance notice by registered letter with advice of receipt or any other means considered valid pursuant to the provisions of the law, as from date of invoice of maintenance fees indicated in the IMQ Scale of Fees. Withdrawal on the part of Licensee shall imply contextual and automatic renunciation to certification for all certified products Should Licensee withdraw from contract as referred to in sub-paragraph 11.3, any and all provisions of the present Rules considered functional for maintaining products in compliance with the standards or technical specifications of reference shall continue to be valid for the remaining period in which Contract shall be effective. In particular, IMQ shall be entitled to carry out inspections and obtain information in case of suspected non-conformity of certified products. During said period, Licensee shall be obliged to pay IMQ any amount due by way of remuneration of the activities carried out until the effective date of withdrawal. Clause 12 - INFORMATION REPORT EX ART. 13 OF LEGISLATIVE DECREE N.196 OF 20TH JUNE 2003, (legislation governing privacy and personal data protection) Pursuant to Legislative Decree n. 196/2003, personal data (referred to hereinafter as the data ) shall be supplied directly by Applicant or third parties whereas IMQ shall process and store said data - in a specific data bank in order to guarantee correct development of the contractual relationship with Applicant, both from the legal (fiscal and accounting obligations, etc.) and the commercial point of view (sending of own catalogues, leaflets etc.). As far as the above mentioned purpose is concerned, manual and ICT TOOLS shall be used for data processing, utilizing logics strictly connected with the same purpose in order to guarantee data security and confidentiality. Applicant s data shall be therefore necessary to guarantee correct development of contractual relationship with IMQ. It should be clearly understood refusal on the part of Applicant to supply its own data shall imply impossibility on the part of IMQ to enter into a contractual relationship. IMQ shall be entitled to provide Bodies, Administrations and Associations as well as public Pag. 16 di 17