Professional Disclaimer

This Disclaimer has been prepared by DTEX Savunma Madencilik Ticaret Limited Şirketi (“DTEX”) in order to explain the conditions of use, the limits of professional liability and the obligations of the User in respect of the Calculation Modules (ANFO Stoichiometry Calculator, Decision Support Modules and other engineering tools) offered via the www.dtex-tr.com website.

This text is presented to the User for information purposes before the use of each Calculation Module. Use of a module means that the User unconditionally accepts the conditions set out in this Disclaimer.

1. NATURE OF THE CALCULATION MODULES

1.1. The Calculation Modules offered on the DTEX website have been prepared on the basis of academic literature, national and international engineering standards (ASTM, ISO, EN, TSE, IME, ISEE, etc.) and scientific research in the fields of explosives engineering, mining, controlled demolition and related technical areas.

1.2. The modules are tools OF A GENERAL NATURE for education, academic research, preliminary analysis, feasibility study, decision support and comparison purposes. They have not been prepared specifically for a particular site, project or operation.

1.3. Calculation results depend on the accuracy of the parameters entered, the suitability of the coefficients used to the project conditions, and the correct definition of material properties. Field conditions (rock geology, water status, equipment, atmospheric conditions, seismic characteristics, environmental sensitivity, etc.) are not automatically reflected in the modules; this assessment is the responsibility of the User.

2. LEGAL OBLIGATIONS PRIOR TO FIELD APPLICATION

Obligations the User must fulfil in order to transfer results obtained from the Calculation Modules to field application:

2.1. Authorised Engineer Review

Before being transferred to field application, calculation results must pass the written review and approval of an expert engineer holding ONE of the following qualifications:

• An engineer holding a BLASTER COMPETENCE CERTIFICATE issued under Regulation No. 87/12028
• An engineer accredited by the TMMOB Chamber of Mining Engineers, holding an SMM (Independent Consulting Engineer) authorisation certificate in the relevant branch
• An engineer appointed as Explosives Responsible Manager / Responsible Engineer, holding the relevant authorisation and certification
• A professionally responsible engineer authorised within a mining licence holder / operator organisation

2.2. Regulatory Compliance Verification

Before field application, compliance with the following legislation must be checked by the User:

• Regulation No. 87/12028 on the Production, Import, Transport, Storage, Sale and Use of Hazardous and Explosive Substances (Official Gazette 29/9/1987, No. 19589)
• Mining Law No. 3213 and its regulations
• Occupational Health and Safety Law No. 6331
• Environmental Noise Control Regulation (Official Gazette 4/6/2010, No. 27601)
• Environmental Law No. 2872 and the Waste Management Regulation
• The Zoning Law and Zoning Regulations (for blasting near structures)
• Rules on Blasting Alongside Highways / Railways
• Regulations on Blasting Near Health Establishments and Residences
• Special Regulations on the Use of Explosives in Underground Mining Operations

2.3. Administrative Permits and Documents

The following administrative permits/documents must be obtained in order to carry out a blasting activity:

• Blasting Permit (Provincial Directorate of Security / Directorate General)
• Shot Plan Approval (signed by an authorised engineer)
• Environmental Permit/Licence (where required)
• Mining Operating Licence / Concession (for mining activities)
• OHS Risk Assessment Report (as required by Law No. 6331)
• Written notification to neighbouring structures and facilities (in case of Q-D distance violation)

2.4. Site-Based Verification

Steps to be taken for site-based verification of module results:

• Determination of rock mechanical properties (RQD, UCS, Modulus of Elasticity, etc.) by field investigation
• Identification of water status, cracks and geological discontinuities
• Verification of explosive material properties against the technical specification (VOD, RWS, density)
• Preparation of a sensitivity list (critical structures, historical monuments, seismic recording devices)
• Determination of actual behaviour through a test blast (especially on new sites)

3. DTEX'S DISCLAIMER OF LIABILITY

3.1. General Disclaimer

3.1.2. Use of the modules is entirely at the User's own responsibility. By accepting this Disclaimer, the User expressly acknowledges and declares that they will assess the accuracy of the results through review by an engineer expert in their own field, and that all consequences arising from field application belong to the User.

3.2. Disclaimer of Warranties Regarding Module Outputs

DTEX does NOT undertake and gives no warranty that the Calculation Modules:

• Are FULLY SUITABLE for the User's specific needs,
• Will operate uninterrupted, error-free and perfectly,
• Will PRODUCE CORRECT RESULTS under every field condition,
• Will DELIVER the desired results in field application,
• Will reflect legislative changes in the modules instantly.

The modules are provided “AS-IS” and “AS-AVAILABLE”.

3.3. Liability Cap

Even where DTEX is assumed to bear liability (for example by a court decision), DTEX's total compensation liability arising from contract, tort or any other legal ground is limited to the total membership fee paid by the User to DTEX within the last 12 (twelve) months.

3.4. Disclaimer of Indirect Damages

Under no circumstances can DTEX be held liable for the following:

• Consequential damages
• Loss of profit, loss of revenue
• Loss of reputation / brand value
• Loss of data
• Claims directed at the User by third parties
• Non-pecuniary damages
• Punitive damages claims

4. DECLARATIONS AND UNDERTAKINGS OF THE USER

The User who uses the Calculation Modules accepts and undertakes the following:

• That they understand the modules are for ACADEMIC and EDUCATIONAL purposes and cannot be used directly for field application,
• That they know an expert engineer review authorised under Regulation No. 87/12028 is required before field application,
• That they will assess the accuracy of the module results with their own professional knowledge and field conditions,
• That compliance with legislation (Regulation 87/12028, Mining Law 3213, OHS Law 6331, Environmental Law, etc.) is their own responsibility,
• That obtaining administrative permits (Blasting Permit, Shot Plan Approval, etc.) is their own responsibility,
• That they will not hold DTEX liable for any damage arising from module use,
• That they accept DTEX does not provide any professional advice or engineering service, but only a digital tool,
• That they will use the modules in compliance with Turkish legislation, morality and professional ethics,
• That they declare they have professional competence in the explosives sector when using the modules,
• That they will not use the modules for malicious purposes (illegal blasting planning, terrorism, etc.),
• That they will not use a printed/digital copy of the module results alone as a sufficient engineering report for field application.

5. WARNINGS REGARDING SPECIFIC MODULES

5.1. ANFO Stoichiometry Calculator

This module calculates AN (Ammonium Nitrate) and fuel (diesel/biodiesel/waste oil) ratios on the basis of oxygen balance. The outputs are based on:

• Standard laboratory conditions
• Pure components (contamination, moisture and heat effects are not reflected)
• Average VOD/RWS values from academic literature

In field application, factors such as actual AN quality (porosity, granule size), fuel quality (cetane number, viscosity), mixing time, atmospheric moisture and storage time may significantly affect the result. Instead of the stoichiometric 94/6 ratio, ratios tested and verified on site must be used.

5.2. Decision Support Module (Producer/Customer Mode)

This module compares cost and performance for ANFO production/purchase decisions. The module outputs:

• Show only economic feasibility; do not include technical applicability
• May not reflect instantaneous fluctuations in market prices
• Do not cover non-financial factors such as logistics, supply reliability and regulatory compliance
• Cannot be used as the sole criterion for a supplier selection decision

5.3. Other Modules to be Published in the Future

All provisions in Articles 1–4 of this Disclaimer also apply to other calculation modules to be published in the future on the DTEX website (Powder Factor, PPV, Q-D, Pattern Design, Y1/Y2/Y3, etc.).

6. INDEMNIFICATION IN CASE OF HARM TO THIRD PARTIES

In the event that THIRD PARTIES (neighbouring mine operators, buildings, local residents, environmentally sensitive areas, public institutions, etc.) are harmed as a result of the User's use of the Calculation Module results in field application:

• All legal and criminal liability belongs to the User.
• DTEX cannot in any way be held liable for compensation claims from third parties.
• The User is obliged to defend all claims directed at DTEX by third parties and to indemnify DTEX for any expenses arising in this context (indemnification).

7. ACCEPTANCE AND APPROVAL

Each time the User accesses or uses a Calculation Module, the User is deemed to have read, understood and accepted this Disclaimer.

On first use of the modules, the following approval checkbox is presented to the User, and the module is not made available without their approval:

8. GOVERNING LAW AND COMPETENT COURT

8.1. This Disclaimer is subject to the law of the Republic of Türkiye.

8.2. In disputes arising from this Disclaimer, the Consumer Arbitration Committees and Consumer Courts within the framework of Law No. 6502 are competent for consumer Users. In disputes with legal-entity Users, the İzmir Courts and İzmir Enforcement Offices are competent.

9. CHANGES TO THE DISCLAIMER

DTEX reserves the right to update this Disclaimer in order to reflect legislative changes, the addition of new modules or sectoral developments. The updated Disclaimer enters into force on the date it is published on the website; existing Members are notified at their registered e-mail address.

10. RELATED DOCUMENTS

This Disclaimer is assessed as a whole together with the following documents:

• Membership Agreement (Article 9 — Limitation of Liability)
• Distance Sales Agreement (Article 9 — Limitation of Liability)
• Terms of Use (Article 6 — Liability for Calculation Modules)
• Preliminary Information Form