Common use of Certification Services Clause in Contracts

Certification Services. 1.1 UL Solutions Contracting Party will perform the auditing, verification, surveillance, testing, inspection, and reporting services (“Certification Services”) requested by the Client on Client’s product and/or product category desired (“Product[s]”) in accordance with the specifications in BIFMA’s then-current level® certification program requirements which can be found at ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/thirdparty/. Client acknowledges and agrees that any Certification Services performed by UL Solutions Contracting Party on a Product will be valid only for the specified model of that Product. Client will make all necessary arrangements for UL Solutions Contracting Party to conduct the Certification Services, including provisions for examining documentation and records, and access to the relevant equipment, location(s), area(s), personnel, and Client’s subcontractors. 1.2 If it is determined that Client’s Product(s) comply with current BIFMA level® certification program requirements (“Certification Standards”), Client may request further Certification Services and seek BIFMA Certification of such Products. All forms, standards and procedural documents referenced in these Service Terms are available to you at the BIFMA website ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/thirdparty/. Such documents may be amended from time to time at the sole discretion of BIFMA, which changes shall become part of the requirement under this Service Agreement thirty (30) days after notice to you via e-mail or pursuant to the notice procedures set forth in your GSA. 1.3 Upon satisfactory completion of additional Certification Services and appropriate documentation, Client will be granted a license to use the BIFMA level® mark on its product(s) and materials that satisfy the BIFMA level® certification program requirements. Such product(s) and materials will be considered Certified Products. The licenses granted for Certified Products are contingent on Client’s continued compliance with Ongoing Certification Compliance Auditing as defined in section 2.3 of these Service Terms and reporting obligations, among others. 1.4 Data: Client consents to the internal use by UL Solutions Contracting Party and its affiliates of the information, data, or findings obtained in the performance of the Certification Services or other services conducted on Client’s samples, products, and information ("Data") for research and to improve and provide its services to others. UL Solutions Contracting Party and its affiliates may publish the Data aggregated within a product category once they have obtained testing results for at least three (3) manufacturers in Client’s industry but may not do so in a manner that identifies such Data with Client.

Certification Services. 1.1 UL Solutions Contracting Party Scope of the Service. The Customer hereby entrusts to ULM the provision of its certification Services for the Product or a Product Opinion (whether it is an Opinion for Highly Specialized Equipment (EAE) or a Product Opinion for Mode III). ULM will perform analyze, evaluate, and investigate the auditingProducts presented, verificationand reserves the right to deny any request for Service if the conditions and ULM Requirements are not met or when ULM´s internal policies and procedures are violated. ULM investigates and evaluates the Products or portions thereof at the Customer’s request, surveillancebased on Product drawings, technical information, or related similar information provided by the Customer, to determine compliance with ULM Requirements. The Services required by the Customer and provided by ULM do not guarantee issuance of the Compliance Certification nor of a Product Opinion, which depends upon resolution of the Compliance Evaluation analysis, the fees for which will be estimated according to the price list set by ULM. If ULM determines that a product is eligible for the Service, the Customer agrees that it will meet the requirements of the program or plan (condition) under which the Services and the applicable ULM Requirements are requested at any time, including the description, specifications, and requirements contained in the standard(s) or regulatory document(s) applicable to the Product. Depending upon the type of Service requested, ULM may undertake preliminary On-Site Visits to determine whether the Products presented by the Customer, whether it be the manufacturer, assembler (maquilador), distributor, importer, exporter, and/or marketer of the Products, are consistent with ULM Requirements and current law that is applicable. The Customer represents and agrees that ULM does not design, manufacture, offer, sell or secure, guarantee, or insure any type of Product or system. Consequently, in providing the Service under the terms of this Agreement, ULM acquires no obligation vis-à-vis the Customer or third parties related in any way to the design, testing, inspectionmanufacture, and reporting services (“Certification Services”marketing, or sale of any Product(s) requested by or system(s) for which the Client on Client’s product and/or product category desired (“Product[s]”) in accordance with Customer is requesting the specifications in BIFMA’s then-current level® certification program requirements which can be found at ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/thirdparty/. Client Service. The Customer also acknowledges and agrees that any Certification Services performed by UL Solutions Contracting Party on a Product will be valid only it is solely responsible for the specified model design, manufacture, marketing, and sale of any Product for which it is requesting the Service from ULM. The Customer also expressly acknowledges and agrees that: a) the Services ULM provides under this Agreement are not designed to replace the evaluation and testing of such Product(s) or system(s) by the Customer; b) in carrying out its Services, ULM assumes no responsibility for the Customer to in any way examine and/or test the design of such Product(s) or system(s), either before or after manufacture or sale; c) ULM in no way promotes, secures, or guarantees the safety or operation of such Product(s) or system(s); and d) in offering the Services under this Agreement, ULM is not advising or providing information to the Customer to conduct or administer its business. Given the above, the Customer represents and agrees that ULM personnel have not participated in the design, nor offered any advice whatsoever on the Products for which the Service is requested. ULM provides its Customers the product certification services under various certification plans or conditions, setting specific requirements, terms, and conditions for each. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE TERMS AND CONDITIONS APPLICABLE TO EACH SERVICE AND/OR CERTIFICATION PLAN THE CUSTOMER REQUESTS UNDER THIS AGREEMENT ARE EXPRESSLY INCLUDED WITHIN IT AND FORM AN INTEGRAL PART THEREOF, AS IF THEY HAD BEEN TEXTUALLY INSERTED. The specific Services requested by the Customer and provided by ULM are established and described in the information documents corresponding to each type of Service which to this end ULM distributes in the media it considers appropriate (written or electronic) for the Customer’s information. ULM undertakes to provide the Services requested by the Customer, provided that the latter meets the obligations stipulated in this Agreement and other applicable provisions. ULM will inform the Customer of the result(s) of the analysis and Compliance Evaluation of the requested Product, through communications and/or notifications deriving from the Compliance Evaluation process and by the medium it considers most appropriate. The Customer agrees for the necessary Verifications to be carried out by ULM personnel and/or personnel subcontracted for this purpose, to ensure fulfillment of the ULM Requirements needed to obtain and maintain the validity and duration of the Compliance Certification and/or Product Opinion issued by ULM. ULM may undertake periodic (routine), random, advance, or extraordinary Verifications with prior notice, and it may select Product samples from the Customer factory, point of sale or distribution, plant, or warehouses, either at the request of ULM itself to determine their level of compliance, or motivated by third-party complaints or accusations. Should a sampling of the Product and evaluation and/or testing of Product samples be required by reason of third-party complaints or accusations, or at the express request of the Customer or the competent authorities (in the case of outsourcing), ULM will reserve the right to select the accredited testing laboratory subcontracted and/or validated by ULM, to which it will send such Product. Client will make all necessary arrangements for UL Solutions Contracting Party A Customer of another country with which the government of the United Mexican States has signed an international agreement or treaty formally agrees to conduct the Certification Services, including provisions for examining documentation consider itself as Mexican with respect to its rights and recordsobligations under this Agreement, and access to therefore not invoke the relevant equipmentprotection of its own government. It also assumes the capacity of joint and several obligor vis-à-vis marketers, location(s)distributors, area(s), personnel, and Client’s subcontractors. 1.2 If it is determined that Client’s Product(s) comply with current BIFMA level® certification program requirements (“Certification Standards”), Client may request further Certification Services and seek BIFMA Certification of such Products. All forms, standards and procedural documents referenced in these Service Terms are available to you at the BIFMA website ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/thirdparty/. Such documents may be amended from time to time at the sole discretion of BIFMA, which changes shall become part or importers of the requirement under this Service Agreement thirty (30) days after notice Product to you via e-mail or pursuant to which the notice procedures set forth in your GSACompliance Certification may have been extended. 1.3 Upon satisfactory completion of additional Certification Services and appropriate documentation, Client will be granted a license to use the BIFMA level® mark on its product(s) and materials that satisfy the BIFMA level® certification program requirements. Such product(s) and materials will be considered Certified Products. The licenses granted for Certified Products are contingent on Client’s continued compliance with Ongoing Certification Compliance Auditing as defined in section 2.3 of these Service Terms and reporting obligations, among others. 1.4 Data: Client consents to the internal use by UL Solutions Contracting Party and its affiliates of the information, data, or findings obtained in the performance of the Certification Services or other services conducted on Client’s samples, products, and information ("Data") for research and to improve and provide its services to others. UL Solutions Contracting Party and its affiliates may publish the Data aggregated within a product category once they have obtained testing results for at least three (3) manufacturers in Client’s industry but may not do so in a manner that identifies such Data with Client.