General Terms & Conditions

1. All Orders accepted by Eurofins Tüketici Ürünleri Test Hizmetleri Ş. and any of their subsidiaries or affiliates" (collectively, "ES"), will be governed by these General Terms and Conditions of Sale (the “Terms and Conditions”) including orders placed by telephone which have not been confirmed in writing and orders made by delivery of samples. By ordering any of Eurofins services, a customer accepts that the order is subjected to these Terms and Conditions. These Terms and Conditions supersede and replace all prior verbal or written price quotations and agreements between the parties.

2. A customer's order will be valid only if it is sent by mail or fax or other electronic message on letterhead of the customer or by using ES-approved sample dispatch sheets or electronic order forms and the commercial aspects of the order which are not specifically set out in these Terms and Conditions (including price, estimated turnaround times and delivery date) must be agreed at the time of the The customer must confirm in writing orders given by telephone immediately after they are made and will be deemed to have placed an order if the customer sends samples to ES quoting the customer reference. ES is not obligated to start any actual work (including but not limited to analysis, testing, inspection etc.) unless the order is clear and the customer has been provided all required information.

3. Unless specifically accepted in writing and signed by the Managing Director or General Manager of ES, any terms proposed or submitted by a customer at any time (including, but not limited to, terms or provisions in the customer's purchase order, instructions or other document) which differ from these Terms and Conditions are rejected as a material alteration of these Terms and Conditions and shall be of no force or Furthermore, special terms or conditions of prior orders, including special pricing, will not automatically apply to subsequent orders. Each order accepted by ES will be treated as a separate contract between ES and the customer.

4. A request for additional services on samples that have entered the laboratory will be treated as a new order which shall be charged in accordance with the quotation of ES and may postpone estimated delivery date accordingly.

5. ES is entitled to require the receipt of a payment of up to 100% of the quoted order price from the customer as a preconditio n to start processing the order. The fee of the service and the tests will be paid cash by the The total amount of payment is calculated over the exchange rate on Euro banknotes of the Central Bank of the Republic of Turkey on the date of the issuance of the invoice. In case the customer delays or fails to pay, Eurofins Tüketici Ürünleri Test Hizmetleri A.Ş. has the right not to prepare a new test report until the payment has been completely paid.

6. The final revised Eurofins Tüketici Ürünleri Test Hizmetleri Ş. Price List shall become effective if there is no mutual agreement with different circumstances between the parties. Eurofins Tüketici Ürünleri Test Hizmetleri A.Ş. has the right to revise the price list. The price of preparing reports includes only reporting in one language. The final revised Eurofins Tüketici Ürünleri Test Hizmetleri A.Ş. Price List is not included V.A.T. and other taxes.

7. The customer must ensure and hereby warrants, that no sample poses any danger, including on its site, during transportation, in the laboratory, or otherwise to ES premises, instruments, personnel, or It is the customer's sole responsibility to insure compliance with hazardous waste regulations, including regarding information, transportation, and disposal and to inform ES personnel or representatives about sample health and safety concerns, including any known or suspected toxic or other contaminant that may be present in the sample and its likely level of contamination as well as the risks to ES premises, instruments, personnel and representatives related to the contamination. The customer shall be responsible for, and indemnifies ES against, all costs, damages, liabilities and injuries that may be caused to or incurred by ES or its personnel or representatives including on the sampling site, during the transportation or in the laboratory by the customer's sample or by sampling site conditions. The customer shall bear all extraordinary costs for adequate disposal of hazardous waste resulting from the sample, whether described as hazardous waste. At ES’ request, the customer must provide ES with the exact composition of the samples.

8. All samples become the property of ES to the extent necessary for the performance of the order. Unless the customer pays for storage expenses, ES shall have no obligation or liability for samples sent to ES for storage, including samples requiring If the customer pays for storage, ES will take commercially reasonable steps to store the samples, according to professional practice.

9. ES can dispose of or destroy samples immediately after the analysis, testing, inspection has been performed, unless ES and the customer have mutually agreed in writing on the terms of ES' retention of the sample. ES also can dispose of or destroy the samples after the agreed upon retention period, without further notice and at customer's cost, should an extra cost for ES arise to comply with any regulation (for example, with respect to disposal of hazardous waste). If the customer requests the return of unneeded sample material, ES will return them to the customer, at the customer's own cost and risk.

10. The names, service marks, trademarks and copyrights of ES, including the name Eurofins Tüketici Ürünleri Test Hizmetleri Ş. is and shall remain the sole property of ES and shall not be used by the customer except solely to the extent that the 4/6 customer obtains the prior written approval of ES and then only in the manner prescribed by ES. The customer shall not contest the validity of the marks or take any action that might impair the value or goodwill associated with the marks or the image or reputation of ES.

11. Each testing/analytical report relates exclusively to the sample analyzed by If ES has not expressly been mandated and pa id for the definition of the sampling plan (including which samples of which raw materials and finished products and at which frequency should be analyzed) and the definition of the precise range of analysis to be performed or if the customer has not followed ES recommendations, ES shall not bear any responsibility if the sampling plan and/or the range of analysis to be performed prove to be insufficient or inappropriate.

12. The customer is responsible for the proper delivery of samples sent to ES for examination/analyses or materials sent for production. Unless otherwise specifically agreed in writing by ES, ES accepts no responsibility for any loss or damage, which may occur to any sample in transit or to any facility or site where logistics services are being delivered. The customer will always be liable for the security, packaging and insurance of the samples or materials from its dispatch until it is delivered to the offices or the laboratories of ES. ES will use commercially reasonable care in handling and storing samples, but ES shall not be held responsible for any loss or destruction of samples or materials even after their receipt at its offices or the laboratories.

13. The customer warrants and represents to ES that all samples sent to ES for analysis, testing, inspection etc. are safe and in a stable condition and undertakes to indemnify ES for any losses, injuries, claims and costs which ES, or its personnel or representatives, may suffer as a result of any sample not being in a safe or stable condition, notwithstanding that the customer may have given an indication on the sample or any order form of any perceived problem with the The customer must always inform ES in writing prior to shipment and label the packaging, samples and/ or containers appropriately, if the samples are dangerous or otherwise of a hazardous nature.

14. Unless explicitly agreed in writing by the parties, the contractual relationship shall be exclusively between the customer and There shall be no third party beneficiary or collateral warranty relating to any order and the customer shall indemnify and hold ES harmless from and against any and all third party claims in any way relating to the customer or to the order by the customer.

15. The test/analytical report will set forth the findings of ES solely with respect to the test/analytical samples identified therein and unless specifically or and expressly indicated in the test/ analytical report, the results set forth in such test/analytical report will not be indicative or representative of the quality, or characteristics of the lot from which a test/analytical sample will be The test/analytical report will reflect the findings of ES at the time of analyzing/testing only, and ES shall have no obligation to update the test/analytical report after its issuance. The test/ analytical report will set forth the results of the tests/analysis performed by ES based upon the written information provided to ES as set forth in, or attached to, this test/analysis request form. The test/analytical report will represent the entire understanding of the parties hereto with respect to the subject matter of the test/analytical report and no modification, variance, extrapolation or conclusion with respect thereto shall be permitted without the prior written consent of ES.

16. The customer shall fill in the "Application Information", "Sample Information" and "Test(s) Requested" sections of the test request form. Test reports are prepared according to the information The customer is solely responsible for the accuracy, completeness, and up-to- datedness of the information in the request form. The customer will be charged the minimum reporting fee if a new report is requested due to incorrect or insufficient information. The test request form must be sent to Eurofins Tüketici Ürünleri Test Services A.Ş. by the customer with the company seal and the signature of the company official. The company seal and signature of the authorized person appearing on the test request form means the approval of the customer.

17. The customer data (information about the company, sample, test results and test reports) and sensitive data of the customer shall be not transferred to the third party without a written explicit consent given by the If there is a buyer on the request form, test report and results are sent to buyer or/and agency without approval of customer by Eurofins Tüketici Ürünleri Test Hizmetleri A.Ş.

18. The acceptance date of the sample is recorded as the date of completion for samples which are not processed due to missing information or insufficient These samples are kept maximum for one week in the laboratory. At the end of this time (one week), if the customer doesn’t accomplish the deficiency, the customer cannot assert a claim regarding the sample.

19. Any cancellation request must be declared within the day of acceptance of the sample until the end of working hours. Cancellation will not be accepted for Same day and Shuttle services and the tests which are already done will be invoiced.

20. Regular service period is 3 working days, Express service period is 2 working days, Shuttle service period is 24 hours, Same day service is given in the same day. If the sample is received by 11:00 AM, the day on which the samples are received will be served as the first working day. The suitability of the requested tests for the service period will be approved by the customer relations department.

21. If the customer requests a test cheaper than 15€, the test will be invoiced at a minimum report price of 15€. If the customer requests a revised report (canceling/adding/changing information in the issued report), it will be billed at 15€.

22. Appeals against analysis/test results can be filed within seven (7) business days of the customer's receipt of the However, in the event that the results of repeated analyses/testing match the initial test results and/or fall within the uncertainty limits, the costs of repeated analysis, testing, or examination shall be borne entirely by the customer. In addition, when the analysis/test repetition request is submitted to ES by the customer, analysis/test repetition may be accepted if ES has sufficient original archive samples. Otherwise, analysis/test repetition is not accepted.

23. Eurofins Tüketici Ürünleri Test Hizmetleri Ş. is obliged to exercise accurate and careful execution of the work undertaken by this agreement. If there are deficiencies and errors in any of the laboratory reports and in case it is determined that these are caused by Eurofins Tüketici Ürünleri Test Hizmetleri A.Ş. or its employees, the liability of Eurofins Tüketici Ürünleri Test Hizmetleri A.Ş. shall be limited to maximum 10 times of the test fee without any interest. Eurofins shall not be held liable to indemnify the damages and collaterals incurred by the Customer or by third parties arising from deficiencies or defects in the test report. In case of any dispute, Istanbul Çağlayan l Courts and Execution Offices will be authorized.

24. Eurofins Tüketici Ürünleri Test Hizmetleri Ş. shall not be liable for any loss or damage resulting from any delay or failure in performance of its obligations hereunder resulting directly or indirectly from any cause that is beyond the control of the company; natural disaster, war, terror, government restrictions, law, strike, lock-out, machine failure, fire, accident. If any such event occurs, the company may immediately cancel or suspend its performance hereunder without incurring any liability whatsoever to the client.

25. When a declaration of conformity with the analysis results is requested, a declaration of conformity can be made by considering the limits in the manual sent by the If the limits are not reported by the customer, the result evaluation cannot be made.

26. All records, documents, or technical and administrative information, including customer information, are considered confidential and stored in the safest manner and cannot be transferred to another person or company without the written consent of the Written consent is obtained from the customer about any information that is requested to be made public.

27. If the legal authority wants to access information about the customer without the customer's knowledge, the customer is not informed about information sharing. In external audits, 11.F-5 CONFIDENTIALITY COMMITMENT is obtained from the audit team since customer information can be accessed due to the audit. In TURKAK audits, the commitment is deemed to be taken with the confidentiality agreement made by the audit team with TURKAK.

28. Unless a requirement specified by Legal Legislation, a requirement specified by Technical regulation (standard) or a requirement specified in accordance with the customer's request, Eurofins Tüketici Ürünleri Test Hizmetleri Ş. uses the simple decision rule and measurement uncertainty is not taken into account in the evaluation of the results, and “Measurement Uncertainty” values are not taken into account in the evaluation of “Passed” or “Failed” according to the measurement results. According to the customer's request, conformity assessment can be made by taking into account the measurement uncertainty in accordance with the PR.19.T-1 decision rule.

29. EUROFINS Laboratory may, for unforeseeable reasons (e.g. work intensity, temporary capacity reduction, etc.), temporarily assign the test sample to accredited subcontractor laboratories approved by ES, with the written consent of the customer, unless there is an obstacle by the legal authorities. ES Laboratory is responsible for the situations that may occur in case the test is performed by approved In case of sudden and temporary problems, the customer may also request ES to keep the sample in appropriate conditions until the obstacle to the test is eliminated by ES. The request shall be made in writing and recorded. When the unforeseen reasons are eliminated, the test is carried out in the ES laboratory. If the customer requests the return of the sample unless there is a legal obstacle to the test by ES in case of sudden and temporary problems, the sample return request is met by ES. In case of different laboratory preferences, transfer to other laboratories can be provided at the request of the customer in order to assist. ES is not responsible for any disputes that may arise in this case.

30. If some of the tests included in the customer test request are not in our laboratory test scope; services can be purchased from other laboratories on our approved supplier list by customer agreement. If the customer requests the use of a different laboratory not included in our approved supplier list as a supplier, the laboratory is not responsible for the service conditions and results. The costs incurred due to the purchase of the test service not covered by our laboratory are not covered by us. The laboratory only acts as an intermediary in this case. All negotiations and correspondence will be recorded and printed out and added to the business file. In the event that some of the requested tests cannot be performed in our Laboratory or are not within our scope, services can be purchased for the tests from the laboratories operating within the scope of the customer request and included in our approved supplier list with the approval of the customer, or services can be purchased from the laboratories recommended by the In case the laboratory selection is left to Eurofins, the customer is informed about the relevant laboratory, and if the customer accepts, the need is met in the form of external service procurement. The responsibility in these processes does not belong to the laboratory. Our laboratory acts as an intermediary in this process and supports the customer in shortening the processes. The costs that will arise in this process will be borne by the Customer (due to the purchase of the test service that is not within the scope of our laboratory). Interviews and correspondence will be recorded with the approval of the customer and will be printed out and added to the business file.

31. All Terms, Conditions, and Warranties (Including Any Implied Warranty as to Merchantable Quality or Fitness for a Particular Purpose) as to the Manner, Quality, and Timing of the Testing Service and Results, Equipment, Products, or Software Supplied by ES are Excluded to the Maximum Extent Permitted by Applicable Law. The Warranties, Obligations, and Liabilities of ES Contained in These Terms and Conditions Are Exclusive.

32. The invalidity of one of the clauses stipulated in this form shall not affect the validity of the other However, if ES clearly understands that the contract cannot be concluded without these clauses, the entire contract shall be null and void.

33. This form, after mutual signatures of the parties, shall be a special contract for this application only.