THIS AGREEMENT, made as of May 29, 1996, by and between JAPAN E-
LECTRICAL TESTING LABORATORY, a juridical entity organized as t-
he non-profit foundation under the laws of Japan with the princ-
ipal office located at 5-14-12 Yoyogi, Shibuya-ku, Tokyo 151, J-
apan (hereinafter referred to as "JET") and BUREAU OF COMMODITY
INSPECTION AND QUARANTINE, MIN-ISTRY OF ECONOMIC AFFAIRS, a gov-
ernmental organization under the laws of Republic of China with
the principal office located at 4, Chinan Road, Section 1, Taip-
ei, Taiwan, Republic of China (here-inafter referred to as "BCIQ
")
WITNESSETH:
WHEREAS, in accordance with JET Certification Scheme, JET is co-
nducting in and outside of Japan Porduct Tests to examine wheth-
er a certain electrical equipment meets certain technical requi-
re-ments which JET uses (hereinafter referred to as "JET Standa-
rds") and to issue certain certificates in Japan confirming, ba-
sed upon the result of its Product Tests, that the Product is in
compliance with the JET Standards;
WHEREAS, in accordance with BCIQ Inspection Scheme, BCIQ is lik-
ewise conducting in Taiwan Product Tests to examine whether a c-
ertain electrical equipment meets certain technical requirements
which BCIQ uses and to issue certain certificates in Taiwan con-
firming, based upon the result of its Product Tests, that the P-
roduct is in compliance with the technical requirements which B-
CTQ uses; and
WHEREAS, the parties hereto are now mutually desirous to attain
their respective objectives more speedily and efficiently than
heretofore through such cooperative activities as herein provid-
ed.
NOW, THEREFORE, in consideration of the mutual covenants, conta-
ined herein, the parties here-to agree as follows:
CHAPTER 1. PRODUCT TESTS COMMISSIONED TO BCIQ
1.1 Duties of JET
JET hereby appoints BCIQ to perform, during the term of this
Agreement, on behalf of JET in connection with its issuance
in Japan of certain certificates, Product Tests outside of
Japan, primarily in Taiwan, and for the electrical equipment
specified by JET under the scope as specified in Clause 3.1.
1.1.1 These Product Tests commissioned to BCIQ shall be perform-
ed primarily in Taiwan.
1.1.2 JET shall furnish JET Standards to BCIQ by means of all n-
ecessary regulations, require-ments and other documentati-
ons applicable to Product Tests to be performed by BCIQ as
commissioned by JET hereunder and shall keep BCIQ well in-
formed of alterations and any withdrawals or cancellations
of such JET Standards.
1.1.3 JET shall likewise keep BCIQ well informed of any change
in any matters either originally specified in JET's reque-
st or relative to BCIQ's performance of Product Test comm-
issioned.
1.1.4 JET shall verify, prior to each commission to BCIQ, that
BCIQ has the capability to perform the Product Tests comm-
issioned.
1.2 Duties of BCIQ
BCIQ hereby agrees to do the following during the term of t-
his Agreement:
1.2.1 Always to possess necessary facilities and equipments to
perform Product Tests as comis-sioned by JET and necessary
personnel for such tests staff.
1.2.2 To perform the commissioned Product Tests on behalf of JET
in a competent manner only after JET verifies the capabil-
ity of BCIQ to perform the Product Tests commissioned by
JET.
1.2.3 To supply JET with the curriculum vitae of all personnel
on BCIQ's payroll to perform such Product Tests commissio-
ned by JET.
1.2.4 To observe all directions given by JET in relation to the
performance under this Agreement and do nothing to detract
from the reputatoin of JET.
1.2.5 Upon completion of each Product Tests commissioned, to su-
bmit promptly the Product Tests Report to which technical
data, photos, etc, showing the sepcific products actually
tested shall be attached.
1.2.6 To keep full and proper records of all Product Tests perf-
ormed hereunder for 10 years on behalf of JET.
1.2.7 To accept JET representative(s) for supervisory and audit
visit to confirm that BCIQ has capability to perform Prod-
uct Tests commissioned by JET.
CHAPTER 2. PRODUCT TESTS COMMISSIONED TO JET
2.1 Duties of BCIQ
BCIQ hereby appoints JET to perform, during the term of this
Agreement, on behalf of BCIQ in connectoin with its issuance
in Taiwan of certain certificates, Product Tests, primarily
in Japan, and for the electrical equipment sepcified by BCIQ
under the scope as specified in Clause 3.1.
2.1.1 These Product Tests commissioned to JET shall be performed
primarily in Japan.
2.1.2 BCIQ shall furnish technical requirements which BCIQ uses
to JET by means of all necessary regulations, requirements
and other documentations applicable to Product Tests be p-
er-formed by JET as commissioned by BCIQ hereunder and sh-
all keep JET well informed of alterations and any withdra-
wals or cancellations of such technical requirements.
2.1.3 BCIQ shall likewise keep JET well informed of any change
in any matters either orginally specified in BCIQ's reque-
st or relative to JET's performance of Product Tests comm-
issioned.
2.1.4 BCIQ shall verify, prior to each commission to JET, that
JET has the capability to perform the Product Tests commi-
ssioned.
2.2 Duties of JET
JET hereby agrees to do the following during the term of th-
is Agreement:
2.2.1 Always to possess necessary facilities and equipments to
perform Product Tests as commissioned by BCIQ and necessa-
ry personnel for such tests.
2.2.2 To perform the commissioned Product Tests on behalf of BC-
IQ in a competent manner only after BCIQ verifies the cap-
ability of JET to perform the Product Tests commissioned
by JET.
2.2.3 To supply BCIQ with the curriculum vitae of all personel
on JET's payroll to perform such Product Tests commission-
ed by BCIQ.
2.2.4 To observe all directions given by BCIQ in relation of the
performance under this Agreement and do nothing to detract
from the reputatoin of BCIQ.
2.2.5 Upon completion of each Product Tests commissioned, to su-
bmit promptly the Product Test report to which technical
data, photos, etc. showing the specific products actually
tested shall be attached.
2.2.6 To keep full and proper records of all Product Tests for
10 years on behalf of BCIQ.
2.2.7 To accept BCIQ representative(s) for supervisory and audit
visit to confirm that JET has capability to perform Produ-
ct Tests commissioned by BCIQ.
CHAPTER 3. GENERAL PROVISIONS
3.1 Scope of Products
The scope of products for Product Tests performed hereunder
shall be specified or may be changed thereafter, only by bo-
th parties as agreed upon in writing in advance.
3.2 Fees and Costs
Fees for Product Tests performed by one party hereunder on
hehalf of the other party and their payment methods shall be
determined through consultations between the parties hereto.
Normally, each party will be allowed to collect its costs a-
ctually incurred for its Product Tests performed hereunder
on behalf of the other party directly from the local applic-
ant for authorization for the use each certificate who subm-
its the test samples to the party to perform Product Tests
commissioned.
3.3 Confidentiality
3.3.1 Unless specifically approved by the other party in writing
in advance, each party shall keep secret and confidential
and shall not use, except for the purpose of the operation
of this Agreement, any information regarding the other pa-
rty and its clientele or customers other than the informa-
tion which has been publicly known other than as a result
of a breach of this confidentiality provision committed by
the party to whom Product Tests were commissioned.
3.3.2 Each party shall cause personel involved in Product Tests
to be performed hereunder on behalf of the other party to
sign individually written undertakings of said confidenti-
ality.
3.3.3 Each party may publish the fact that it performs and carr-
ies out Product Tests on behalf of the other party accord-
ing to this Agreement. Other related information may not
be published without prior written consent given by the o-
ther party.
3.3.4 The parties hereto hereby acknowledge that the confidenti-
ality provisions shall survive the termination or cancell-
ation of this Agreement as herein provided.
3.4 Indemnification
In conjunction with Product Tests to be performed hereunder
on behalf of the other party, each party shall indemnify the
other party, any officer, director, or other employee of the
other party for, and shall hold the other party harmless ag-
ainst, any and all claims, liabilities, losses, damages, co-
sts or expenses, including, without limitation, attorney's
fees or other consultants and court costs, resulting dircec-
tly or indirectly from certificates issued by the other par-
ty based upon and influenced by the Product Test report and
attachments thereto submitted hereunder, only in case the P-
roduct Test was per-formed by that party in gross negligence
.
3.5 Term of This Agreement
This Agreement shall come into full force and effect as of
the day and year first above written and shall stay effecti-
ve indefinitely until the termination is agreed upon in wri-
ting between the parties here-to or until this Agreement is
cancelled by either party with its six(6) months' written n-
otice.
3.6 Suspension and Termination
In case one party fails to fulfill any of its duties and ob-
ligatoins properly and timely as herein pro-vided, and such
failure is not cured by the defaulting party within thirty (
30) days after its receipt of the written notice from the n-
on-defaulting party, the non-deaulting party is entitled to
declare, at its sole discretion, either for provisional sus-
pension of the operation of this Agreement or for terminati-
on of this Agreement in its entirety.
3.7 Amendments
This Agreement may be amended or revised as agreed upon by
the parties in writing. A new agreement, if reached by the
parties, may supersede this instant Agreement at any time j-
ointly chosen by the parties.
3.8 Items Not Provided for Items and detailed matters not provi-
ded for in this Agreement but required for the operation of
this Agreement will be dealt with by expedient consultation
between the parties hereto.
3.9 Notices
Any notice given by one party to the other relative to this
Agreement or the matters covered here-by shall be in writing
and shall be deemed given when delivered personally or by f-
acisimile to the other party at the following address or at
such other address for that party as specified by notice.
For JET:
JAPAN ELECTRICAL TESTING LABORATORY
5-14-12 Yoyogi
Shibuya-ku, Tokyo 151
Japan
Attention: Director, Planning & International Business Divi-
sion
For BCIQ:
BUREAU OF COMMODITY INSPECTION
AND QUARANTINE, MINISTRY OF ECONOMIC AFFAIRS
4, Chinan Road, Section 1
Taipei, Taiwan, Republic of China
Attention: Director, 4th Department
3.10 Disputes
In case any dispute or disagreement arises in connection w-
ith this Agreement and its operation, such dispute or disa-
greement shall be finally referred to an arbitration in ac-
cordance with the Rules of Conciliation and Arbitration of
the International Chamber of Commerce by a plural number of
arbitrators appointed in accordance with the said Rules. T-
he site of arbitration shall be in Taipei, Taiwan, Republic
of China, when the arbitration is referred to by JET, and
in Tokyo, Japan, when it is referred to by BCIQ.
IN WITNESS WHEREOF the parties hereto have each caused this
Agreement to be executed by their duly authorized officers
as of the day and year first above written.
By:武田康 〔簽字〕 By:許鵬翔〔簽字〕
Ko Takeda Peng-Siang Hsu
President Director General
JAPAN ELECTRICAL TESTING BUREAU OF COMMODITY
LABORATORY INSPECTION AND QUARANTINE,
MINISTRY OF ECONOMIC
AFFAIRS