Common use of Determination Procedure Clause in Contracts

Determination Procedure. (a) An ▇▇▇ /Carrier Master Contract Committee has established amended criteria, which are appended to this Master Contract as Appendix D, for a container with major damage in accordance with uniform criteria which relate to safety, structural soundness, roadability and seaworthiness of the various types of containers. These criteria shall be distributed to the ▇▇▇ maintenance employees in the inspection (or roadability) lanes at each container terminal. (b) In accordance with the criteria established in subparagraph (a) of Article IX, Section 3 of this Master Contract, ▇▇▇ employees may designate a container or chassis which they examine and find damaged (as defined in such subparagraph (a) criteria) as out of service on a T.I.R. form and such container shall be placed in a deadline status in accordance with the procedures of the terminal involved. (c) The carrier shall be notified of such designation as soon as possible and shall have the right to determine that such container or chassis shall either be repaired (in an ▇▇▇ port of its choosing) or if it disagrees with the ILA determination that such container was damaged within the subparagraph (a) criteria, the container in question shall be placed back into service or repositioned as an empty.

Appears in 1 contract

Sources: Master Contract

Determination Procedure. (a) An ▇▇/Carrier Master Contract Committee has established amended criteria, which are appended to this Master Contract as Appendix DC, for a container with major damage in accordance with uniform criteria which relate to safety, structural soundness, roadability roadability, and seaworthiness of the various types of containers. These criteria shall be distributed to the ▇▇▇ maintenance employees in the inspection (or roadability) lanes at each container terminal. (b) In accordance with the criteria established in subparagraph (a) of Article IX, Section 3 of this Master Contract, ▇▇▇ employees may designate a container or chassis which they examine and find damaged (as defined in such subparagraph (a) criteria) as out of service on a T.I.R. form and such container shall be placed in a deadline status in accordance with the procedures of the terminal involved. (c) The carrier shall be notified of such designation as soon as possible and shall have the right to determine that such container or chassis shall either be repaired (in an ▇▇▇ ILA port of its choosing) or if it disagrees with the ILA determination that such container was damaged within the subparagraph (a) criteria, the container in question shall be placed back into service or repositioned as an empty.

Appears in 1 contract

Sources: Master Contract

Determination Procedure. (a) An ▇▇/Carrier Master Contract Committee has established amended criteria, which are appended to this Master Contract as Appendix DC, for a container with major damage in accordance with uniform criteria which relate to safety, structural soundness, roadability roadability, and seaworthiness of the various types of containers. These criteria shall be distributed to the ▇▇▇ ILA maintenance employees in the inspection (or roadability) lanes at each container terminal. (b) In accordance with the criteria established in subparagraph (a) of Article IX, Section 3 of this Master Contract, ▇▇▇ ILA employees may designate a container or chassis which they examine and find damaged (as defined in such subparagraph (a) criteria) as out of service on a T.I.R. form and such container shall be placed in a deadline status in accordance with the procedures of the terminal involved. (c) The carrier shall be notified of such designation as soon as possible and shall have the right to determine that such container or chassis shall either be repaired (in an ▇▇▇ ILA port of its choosing) or if it disagrees with the ILA determination that such container was damaged within the subparagraph (a) criteria, the container in question shall be placed back into service or repositioned as an empty.

Appears in 1 contract

Sources: Master Contract

Determination Procedure. (a) An ▇▇▇ /Carrier ILA/Carrier Master Contract Committee has established amended criteria, which are appended to this Master Contract as Appendix D, for a container with major damage in accordance with uniform criteria which relate to safety, structural soundness, roadability and seaworthiness of the various types of containers. These criteria shall be distributed to the ▇▇▇ ILA maintenance employees in the inspection (or roadability) lanes at each container terminal. (b) In accordance with the criteria established in subparagraph subparagraph (a) of Article IX, Section 3 of this Master Contract, ▇▇▇ ILA employees may designate a container or chassis which they examine and find damaged (as defined in such subparagraph (a) criteria) as out of service on a T.I.R. form and such container shall be placed in a deadline status in accordance with the procedures of the terminal involved. (c) The carrier shall be notified of such designation as soon as possible and shall have the right to determine that such container or chassis shall either be repaired (in an ▇▇▇ ILA port of its choosing) or if it disagrees with the ILA determination that such container was damaged within the subparagraph (a) criteria, the container in question shall be placed back into service or repositioned as an empty.

Appears in 1 contract

Sources: Master Contract

Determination Procedure. (a) An ▇▇/Carrier Master Contract Committee has established amended criteria, which are appended to this Master Contract as Appendix D, for a container with major damage in accordance with uniform criteria which relate to safety, structural soundness, roadability and seaworthiness of the various types of containers. These criteria shall be distributed to the ▇▇▇ maintenance employees in the inspection (or roadability) lanes at each container terminal. (b) In accordance with the criteria established in subparagraph subparagraph (a) of Article IX, Section 3 of this Master Contract, ▇▇▇ employees may designate a container or chassis which they examine and find damaged (as defined in such subparagraph (a) criteria) as out of service on a T.I.R. form and such container shall be placed in a deadline status in accordance with the procedures of the terminal involved. (c) The carrier shall be notified of such designation as soon as possible and shall have the right to determine that such container or chassis shall either be repaired (in an ▇▇▇ port of its choosing) or if it disagrees with the ILA ▇▇▇ determination that such container was damaged within the subparagraph (a) criteria, the container in question shall be placed back into service or repositioned as an empty.

Appears in 1 contract

Sources: Usmx Ila Master Contract Memorandum of Settlement

Determination Procedure. (a) An ▇▇/Carrier Master Contract Committee has established amended criteria, which are appended to this Master Contract as Appendix DC, for a container with major damage in accordance with uniform criteria which relate to safety, structural soundness, roadability roadability, and seaworthiness of the various types of containers. These criteria shall be distributed to the ▇▇▇ maintenance employees in the inspection (or roadability) lanes at each container terminal. (b) In accordance with the criteria established in subparagraph (a) of Article IX, Section 3 of this Master Contract, ▇▇▇ employees may designate a container or chassis which they examine and find damaged (as defined in such subparagraph (a) criteria) as out of service on a T.I.R. form and such container shall be placed in a deadline status in accordance with the procedures of the terminal involved. (c) The carrier shall be notified of such designation as soon as possible and shall have the right to determine that such container or chassis shall either be repaired (in an ▇▇▇ port of its choosing) or if it disagrees with the ILA ▇▇▇ determination that such container was damaged within the subparagraph (a) criteria, the container in question shall be placed back into service or repositioned as an empty.

Appears in 1 contract

Sources: Master Contract