Confirmatory testing by CEH. CEH intends to conduct periodic testing of the Products. Any such testing will be conducted by CEH at an independent laboratory, in accordance with the Test Protocol. In the event that CEH’s testing demonstrates Lead levels in excess of 200 ppm for one or more Products, CEH shall inform Fusion Accessories of the test results, including information sufficient to permit Fusion Accessories to identify the Product(s). Fusion Accessories shall, within 20 days following such notice, provide CEH, at the address listed in section 12, with its supplier certification and testing information demonstrating its compliance with sections 2.2 and 2.3 of this Agreement. Fusion Accessories shall then have the opportunity to conduct its own independent testing of the Products from the same lot to confirm or deny CEH’s tests. If Fusion Accessories’s independent testing confirms CEH’s test results, Fusion Accessories shall apply the testing frequency pursuant to either Section 2.3.1 for the next order purchased from the supplier as if such purchase were the first shipment following the Compliance Date in determining the number of units to be tested for the two shipments following the Product test exceeding 200 ppm from that supplier. In addition, if Fusion Accessories’s independent testing verifies CEH’s test results and Fusion Accessories fails to provide CEH with information demonstrating that it complied with sections 2.2 and 2.3 for the particular shipment(s) at issue, Fusion Accessories shall also be liable for stipulated payments in lieu of penalties for Products for which CEH produces tests demonstrating Lead levels exceeding 200 ppm as set forth below. These payments shall be made to CEH and used for the purposes described in section 3.2.
Confirmatory testing by CEH. CEH may conduct periodic testing of the Products. Any such testing will be conducted by CEH at an independent laboratory, in accordance with the Test Protocols. In the event that CEH’s testing of Products shipped after the Compliance Date demonstrates levels of any Listed Phthalates in excess of 600 ppm for one or more Products, CEH shall inform FAO of the test results, including information sufficient to permit FAO to identify the Product(s). FAO shall respond to CEH within twenty (20) days following such notice, providing CEH, at the address listed in section 11 below, with records demonstrating its compliance with either Option A or Option B as set forth in subsections 2.2.1 and 2.2.2 hereinabove. FAO and its suppliers shall have the opportunity to conduct their own independent testing of the Products from the same lot to confirm or deny CEH’s tests.
