LITE-ON IT CORPORATION
Non Use of Restricted Hazardous Substances Declaration
To Whom It May Concern,
We, the undersigned company (hereinafter referred to as “Undertaker” which including its subsidiary, cooperated company/factory) hereby undertakes that starting from the Date of Undertaking as mentioned below, unless otherwise approved by LITEONIT Corp. (hereinafter referred to as “LITEON IT”) in writing in advance, all products supplied by the Undertaker to LITEON IT (including but without limitation to any materials, parts, components and finished products, hereinafter referred to as the“Products”) shall absolutely not violate (1) any of the substances banned/restricted related requirements as set forth in the related the Environmental Protection Laws and Regulations; and/or (2) any of the substances banned/restricted related requirements (hereinafter referred to as “LITEON IT Requirements”) as updated and informed by LITEON IT from time to time. In the entire process of production, manufacture, packaging, storage and/or transportation of the Products, Undertaker shall also not violate any of the above requirements.
Undertaker further undertakes that all Products that Undertaker intends to supply to LITEON IT shall be submitted to the impartial testing institute(s) of the third partyaccredited by LITEON IT for inspection, and Undertaker shall inform LITEON IT of the true and correct inspection results without any concealment and/or misrepresentation of the inspection data.Undertaker shall accept and actively cooperate with LITEON IT in LITEON IT’s auditing and/or sample check.Undertaker shall also provide true and correct information and/or documentation regarding certification of material quality, manufacturing process, substances used in the manufacturing process and/or the raw materials actually adopted. Undertaker understands any non-conforming or misrepresentation, irrespective of whether such misrepresentation is negligent, innocent, or malice, to the above statement made will cause irreparable harm and serious damages to LITE-ON IT and its customers.
OR73-09E
Undertaker therefore agrees to waive any defense which may be permitted by law and will provide any defense against third party requested by LITE-ON IT and its customers in the event of any claim of any breach of this declaration and shall hold LITE-ON IT and its customers harmless against any and all claims or liabilities, costs and expenses(including without limitation to reasonable attorneys’ fees,) arising out of non-compliance with any above-mentioned guarantee without undue delay.Besides,Undertaker shall be liable forthe loss of any freight fee,clearance of Good’s and rework fee occurred by LITE-On IT or its customers due to Undertaker’s breaching of such guarantee.
Undertaker agrees that all LITEON IT Requirements and other documents concerned provided by LITEON IT to Undertaker shall be deemed confidential information (hereinafter referred to as “Confidential Information”). Undertaker shall ensure no disclosure and/or duplication of Confidential Information and shall return Confidential Information to LITEON IT in time without possessing any duplicate copies pursuant to LITEON IT’s request. In the event of any disclosure of Confidential Information,Undertaker shall fully bear all the related responsibilities and liabilities so incurred.
In the event of any discrepancy between the English version and Chinese version, the English version should be governed.
Undertaker: (Please enter the name of the undertaking company and affix the seals of both the undertaking company and its statutory representative).
Vendor Code: ______
Name of Statutory Representative:______
Title of Statutory Representative:______
Signature of Statutory Representative: ______
Date of Undertaking:______
OR73-09E