Order form EU Grid – Inverter Test (Page 1 of 2 ... - PHOTON Info

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Test agreementEU Grid – Inverter Test (Page 2 of 3)Inverter model ___________________________________________________________________________________________________________________________3. Right of usePrior to the publication of the test / measurement the data shall be submitted to the test provider forinformational purposes and a response.The test provider shall be entitled to use the published test findings for advertising purposes. In doingso, the test provider's advertisements shall be designed in such a way that the consumer does not getthe wrong impression of the quality assessment of the advertised device from the test finding.If the aforementioned terms are violated, the tester can cancel these rights with immediate effect in awritten declaration, for which a fax shall be sufficient.The test provider will not be entitled to a certain test or publication date.4. Contractual penaltyShould it transpire that the equipment provided for the test is not standard equipment of average typeand quality – as agreed -, but is rather a manipulated device with above-average performance data,the following contractual penalty shall be agreed upon:The test provider shall pay a contractual penalty for the mentioned case of contractual non-compliancein the amount of€ 10,000.00 (ten thousand euros).The contractual penalty shall be due with immediate effect and shall be paid to the tester.The tester shall reserve the right to assert injunctive relief and further claims for damages. The testprovider shall not be allowed to provide the tester with further products for test purposes for a period of5 years.The tester will report on the manipulation in its publications.5. Transfer of useIn addition to the device, the tester shall be provided with all documents and accessories required forthe test.The tester shall be provided with a detailed description of the product concerning its technical detailsand fields of application.All transportation, customs clearing and import costs shall be borne by the test provider.6. ReturnOwnership of all devices provided for the test including accessories and documents is transferred tothe tester. Therefore, after the performance of the test, all devices made available shall remain withthe tester for preservation of evidence. The latter shall ensure that the devices acquired shall not bedisposed to third parties. However a duty of storage does not exist.PHOTON Laboratory GmbH • Juelicher Strasse 376 • 52070 Aachen (Germany)Phone +49 – 241 / 40 03 – 53 00 • Fax +49 – 241 / 40 03 – 57 00 • info@photon-laboratory.com
Test agreementEU Grid – Inverter Test (Page 3 of 3)Inverter model ___________________________________________________________________________________________________________________________7. Applicable lawThe present agreement shall be subject exclusively to German law.8. Place of jurisdictionKindly send the filled out and signed forms by fax to +49 – 241 / 40 03 – 57 00 or by email to min.ge@photon.infoThe place of jurisdiction for all disputes arising from the conclusion, execution and termination of thisagreement shall be the tester's place of business, insofar as the test provider is a business accordingto § 14, paragraph 1 of the German Civil Code.9. Alterations to the contractVerbal, additional agreements are not valid. Amendments, supplements and addenda to thisagreement shall only be valid, if they have been made in writing between the contractual parties.10. Saving clauseIn the event that any of the provisions of this agreement shall be or become void or incomplete, fully orin part, the remaining provisions shall not be affected. The void or incomplete provision shall bereplaced promptly with a provision that best meets the economic and judicial sense of the voidprovision. The aforesaid provisions shall also apply, if the agreement proves to be void. § 139 of theGerman Civil Code shall be excluded.11. AnnexStatutory declaration in lieu of an oath including instruction, data retrieval (can be add to the inverter).Location, date _________________________________________________PHOTON Laboratory GmbHLocation, date _________________________________________________Representative of the test providerPHOTON Laboratory GmbH • Juelicher Strasse 376 • 52070 Aachen (Germany)Phone +49 – 241 / 40 03 – 53 00 • Fax +49 – 241 / 40 03 – 57 00 • info@photon-laboratory.com
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