Analysis Request Form AUS 32

1. Sampling, Transportation, Storage and Disposal:

• 1.1. The CUSTOMER is responsible for sampling in accordance with standards and storing and maintaining them in suitable conditions during their transportation to the laboratory.
• 1.2. Regarding the samples to be brought for analysis, the LABORATORY shall take at least two (2) liters of samples when Table - 1 analyses of the fuel products and all analyses of the AUS 32 product in accordance with the quality standards of TS ISO 22241 are requested. 1 (One) liter of the samples is used for analysis, the other 1 (One) liter is obtained to store as witness sample. The sample amounts may vary depending on the test/tests requested. In this case, the customer is informed by the LABORATORY.
• 1.3. Sample containers: The fuel samples will be taken in either 1 liter glass or 1 liter aluminum bottles in accordance with the conditions specified in the TS 13316 standard. AUS 32 samples will be taken in 1-liter wide-mouth plastic bottles (which shall be selected from HD-Polyethylene, HD-Polypropylene, Polychloroethylene, Polyvinylidindifluoride and Tetrafluoroethylene-perfluoroalkyl vinyl ether copolymers, PFA bottles) according to TS ISO 22241 standards. All samples shall be delivered to the laboratory after being labeled in accordance with the requirements of the standards. It is the CUSTOMER's responsibility to use the appropriate sample container. The laboratory cannot be held responsible for sample deterioration or loss caused by improper containers. It is the CUSTOMER's preference to send the sample bottles with or without seals.
• 1.4. In case the CUSTOMER has an obligation to submit a report to official institutions (eg Energy Market Regulatory Authority), all samples and witness samples delivered to the LABORATORY will be sealed.
• 1.5. The LABORATORY shall be responsible for storing witness samples under appropriate conditions. For fuel samples, witness samples will be kept for a maximum of 3 (three) months, and for AUS 32 samples 12 (twelve) months. Samples used for the analysis with no witness sample shall not be preserved. The LABORATORY shall not be held liable for any defects and differences in measurement of the witness samples stored under appropriate conditions.
• 1.6. The labels to be affixed to the sample bottles shall be filled by the CUSTOMER in a way that they are clearly identifiable and conflict-proof. The CUSTOMER is responsible for the accuracy of the sample information which will be included in the analysis report. The LABORATORY shall conditionally accept the samples, which have not been properly labeled and that are in an unsuitable storage container, and the CUSTOMER shall be notified of the situation. Label information shall be provided until the reporting phase. The sample shall be analyzed after the CUSTOMER's approval for the samples that come in an inappropriate sample container. The presence of the sample in an inappropriate storage container will be described in the remarks section of the analysis report.
• 1.6. The LABORATORY reserves the right to refuse and to request a new sample, for samples that are not in compliance with the analysis. Samples shall be disposed of by the LABORATORY under appropriate conditions.

2. Analyses to be conducted:

• 2.1. Samples sent from the CUSTOMER shall be tested accordingly to the tests which were selected by the CUSTOMER in the test request form. The testing methods to be applied is identified in the test request form. CUSTOMER shall be informed in writing if CUSTOMER requests an analysis for a method, which is either inappropriate or not up to date. If the request for analysis according to the outdated method continues after the notification, the CUSTOMER will be informed that the sample cannot be commenced. In order to provide technical support, the LABORATORY shall be able to recommend analyses to be made on the sample in line with the request and approval of the CUSTOMER.
• 2.2. When volumetric blending of samples taken from containers of known volume is required, this process will be carried out by the LABORATORY, with the approval of the CUSTOMER.

3. Reporting of Results:

• 3.1. The LABORATORY will report the results of the analysis in the format established by TÜRKAK and/or EMRA and send it via e-mail and/or cargo addresses to be specified by the CUSTOMER after signing.
• 3.2. The results will be communicated to the CUSTOMER within 3 (three) business days for fuel types, 5 (five) business days for AUS 32, upon arrival of the sample. This duration may vary depending on the number of samples the CUSTOMER sends at a time.
• 3.3. The report provided by the LABORATORY shall be composed of 1 (one) page, and shall not be copied or reproduced partially without the written consent of the LABORATORY. Reports not signed by laboratory and without seal shall be invalid.
• 3.4. The test methods which the LABORATORY is accredited are stated in the Test Request Form and will be noted in the test reports.
• 3.5. Decision Rule:The results of the requested analysis and measurement uncertainties that are calculated according to the calculation methods in the relevant guidelines and sources of these analysis results are shared with the CUSTOMER in the analysis report along with the + and - values. The declaration of conformity shall be based on the limits determined by the relevant standards and the presence of measurement results within or outside this range, and measurement uncertainty shall not be included in the measurement results.
• 3.6. The CUSTOMER shall have the right to object to the analysis results during the witness sample storage period (3 (three) months for fuel products, 12 (twelve) months for AUS32 product. At the end of this period, the CUSTOMER shall lose its right to object. In cases where a witness sample cannot be sent due to absence or the CUSTOMER's preference, the CUSTOMER shall accept that the analysis cannot be repeated in any objection, since the tested sample cannot be stored. In this respect, customers who are obliged to perform analyses with government agencies are advised to send a witness sample if they have a sufficient amount. In case of receiving a different quantity of samples than stated in the Test Request Form, the LABORATORY shall request the CUSTOMER's written approval before commencing analysis.
• 3.7. Conditions of Ensuring that the Test Is Performed by an External Provider (3rd party):

  OPET undertakes to conduct all analyses by themselves within their accreditation certificate. However, the laboratory may utilize external providers for unforeseen reasons such as labor intensity, the need for more expertise, a temporary capacity reduction or temporary failure of the devices. These external provider laboratories are laboratories accredited by the methods that OPET Laboratories are accredited according to the TS EN ISO/IEC 17025 standard included in the LABORATORY's OPET.FR.0496 Laboratory Approved Supplier List Form. In the event of the analysis/analyses being performed by an external provider, a written permission/approval is obtained from the CUSTOMER. In the event that the CUSTOMER does not approve the analysis/analyses of the products to be performed by an external provider, the CUSTOMER is informed in writing by the LABORATORY that no analysis results will be shared, and the customer is asked to confirm whether the remaining analyses will be carried out in this direction. The laboratory shall cover the costs of analysis/analyses planned to be performed by an external provider.

• 3.8. Conditions for Analyses Performed with the Customer:

  The CUSTOMER may request to participate in the experiment as an observer. In this case, the LABORATORY shall inform the CUSTOMER about the time of the experiment at least one day in advance. The CUSTOMER warrants to comply with the LABORATORY safety and confidentiality rules by signing the OPET.FR.0515 Entry Permit Form.

4. Procedures to be Taken in Case of Dispute:

If no agreement is reached as a result of the evaluation of the CUSTOMER's objection to the analysis results, the CUSTOMER may have the sample analyzed, at the CUSTOMER's expense, in an independent laboratory accredited by the method in which the LABORATORY is accredited for the test. Istanbul Çağlayan Courts shall be authorized for the settlement of any disputes that may arise outside of the analysis results.

5. Compensation of Losses Resulting from Faulty Analysis:

The LABORATORY accepts and undertakes that in the event of failing to fulfill its commitments regarding this request, it shall have the right to compensation the customer for any damages and losses that may occur, subject to legal proof.

6. Force Majeure:

State of mobilization, war, (whether declared or not) revolution, civil unrest, hostile acts and events of this kind, events such as fire, explosion, flood, hurricane, storm, earthquake and other disasters, and any unavoidable reason, partial or complete interruption of the service, damage to the enterprise so that it cannot operate, strikes, lockouts, restrictions or embargoes to be applied by foreign governments in the oil market with respect to the Republic of Turkey, a fundamental change in the petroleum market legislation and similar decisions to be taken by the government and official authorities that will completely or partially eliminate the opportunities for work, operation, service, technical failures that will inevitably disrupt the facilities and events that are not confined to them alone, that occur outside of the control of the parties, that they cannot foresee and take precautions will be considered as force majeure. In the event of force majeure, the Parties shall not be held responsible for not being able to perform and delay the jobs they have committed to perform with this Analysis Request Form.

The PARTIES shall expressly notify each other and duly certify the situation within ten (10) business days of the occurrence of force majeure.

7. Privacy and Security:

The CUSTOMER undertakes to keep confidentiality in all matters. The Customer cannot provide any information to third parties in any form or by any means without the consent of the LABORATORY. In order to improve the services and cooperation with the Customer; with prior written notice and the condition of signing the confidentiality agreement, the CUSTOMER may inspect on-site (in-laboratory) the documents of the parts of that laboratory's quality management system that are only relevant to the service provided to it. However, the Customer cannot request a copy/photocopy of these documents. Areas of improvement which will be determined as a result of the inspection shall be corrected by mutual agreement. The laboratory shall store the test methods, other test-related laboratory documents, machine or computer printouts for the duration of the "Storage Period" stated in its quality management system, unless otherwise requested by the CUSTOMER.

1) Data Controller

Your personal data may be processed by Opet Petrolcülük Anonim Şirketi (“Company”) as the data controller in accordance with the Personal Data Protection Law No. 6698 (“Law numbered 6698”) within the scope specified below. 

You may find the detailed information regarding the processing purposes of your personal data by our Company under the Opet Petrolcülük Anonim Şirketi Policy on the Protection and Processing of Personal Data.

2) Purposes for Processing Personal Data

Your collected personal data will be processed by our Company for the below mentioned purposes (“Purposes”) in accordance with the data processing conditions set out in Articles 5 of the Law numbered 6698.

• Carrying out the necessary Works by our Company within the scope of the sample analysis processes and executing the related business processes,
• Preparing sample analysis reports and sharing the report results with you.

3) Recipient Parties and Purposes for Transferring Personal Data

Your collected personal data may be transferred, in line with the achievement of the above-mentioned Purposes, to legally authorized public authorities and legally authorized private institutions within the scope of that is expressly provided in the laws and fulfilment of our legal obligations, pursuant to the data processing conditions stipulated in Articles 5 of the Law numbered 6698 and in accordance with the rules regarding the transfer of personal data specified in Articles 8 of the Law numbered 6698.

4) Method and Legal Ground for the Collection of Personal Data

Your personal data will be collected in the physical environment through cargo/mail and printed forms, and in the electronic environment through our website, e-mail, telephone within the scope of the execution of sample analysis processes by our Company.

Your personal data will be collected and processed by our Company for the following purposes and legal grounds, based on the personal data processing conditions specified in Articles 5 of the Law numbered 6698. 

Based on the legal ground that processing of personal data of the parties of a contract is necessary, provided that it is directly related to the conclusion or performance of a contract;

• Preparing sample analysis reports and sharing the report results with you.

Based on the legal ground of data processing being mandatory for the legitimate interests of the data controller, provided that such processing does not violate the fundamental rights and freedoms of the data subject;

• Carrying out the necessary Works by our Company within the scope of the sample analysis processes and executing the related business processes,
• Preparing sample analysis reports and sharing the report results with you.

5) Data Subject’s Rights Specified under Article 11 of the Law numbered 6698

We hereby inform that as a data subject, you are entitled to the following rights, set forth under Article 11 of the Law numbered 6698:

• To learn whether your personal data are being processed,
• To request information if your personal data have been processed,
• To learn the purpose of the processing of your personal data and whether they have been used accordingly,
• To learn which third parties domestic or abroad your personal data has been transferred to,
• To request rectification in case your personal data has been processed incompletely or inaccurately and to demand the operations in this regard be reported to third parties your personal data has been transferred to,
• To demand the erasure or destruction of your personal data in the event that the reasons for the processing no longer exist even though it was processed in accordance with the Law numbered 6698 and other relevant provisions and to demand the operations in this regard be reported to third parties your personal data has been transferred to,
• To object to negative consequences to you that are concluded, as a result of analysis of the processed personal data through solely automatic systems,
• To demand compensation for the damages that you have suffered as a result of an unlawful processing of your personal data.

You may convey your requests concerning your rights listed above to the Company by filling out the Data Subject Application Form. Depending on the nature of your request, your application will be concluded by the Company, as soon as possible, within 30 days at the latest and in principle, free of charge. However, if the process requires additional costs, a fee may be demanded by the Company according to the tariff determined by the Personal Data Protection Board.