Quality Dispute Clause Samples

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Quality Dispute. If Seller or HECO has reason to believe that the quality of Biofuel delivered does not meet the Specification or that the quality of Biofuel stated in the Certificate of Quality is incorrect such as but not limited to a case where the arithmetic difference between HECO’s and Seller’s laboratory determination is greater than the then existing reproducibility standard for the appropriate test method specified herein, then that party shall within three (3) business days after the issuance date of the complete Certificate of Quality, present the other party with documents supporting such determination and the parties will confer, in good faith, on the causes for the discrepancy and shall proceed to correct such causes.
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Quality Dispute. If Seller or Hawaiian Electric has reason to believe that the quality of Biodiesel Delivered does not meet the Specifications or that the quality of Biodiesel stated in the Certificate of Quality is incorrect such as but not limited to a case where the arithmetic difference between Hawaiian Electric’s and Seller’s laboratory determination is greater than the then existing reproducibility standard for the appropriate test method specified herein, then that Party shall within three (3) business days after the issuance date of the complete Certificate of Quality, present the other Party with documents supporting such determination and the Parties will confer, in good faith, on the causes for the discrepancy and shall proceed to correct such causes. In the event of an unresolvable difference between Seller and Hawaiian Electric, the sealed part of the Precautionary Sample in the possession of the Independent Inspector shall be provided to an independent testing laboratory for an official determination, which shall be final and binding upon both Parties. Seller and Hawaiian Electric shall share equally the costs of such independent tests and determinations.
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Quality Dispute. If Seller or the Companies have reason to believe that the quality of Biodiesel Delivered does not meet the Specifications or that the quality of Biodiesel stated in the Certificate of Quality is incorrect such as but not limited to a case where the arithmetic difference between the Companies’ and Seller’s laboratory determination is greater than the then existing reproducibility standard for the appropriate test method specified herein, then that Party shall within three (3) business days after the issuance date of the complete Certificate of Quality, present the other Party with documents supporting such determination and the Parties will confer, in good faith, on the causes for the discrepancy and shall proceed to correct such causes. In the event of an unresolvable difference between Seller and the Companies, the sealed part of the Precautionary Sample in the possession of the Independent Inspector shall be provided to an independent testing laboratory for an official determination, which shall be final and binding upon both Parties. Seller and the Companies shall share equally the costs of such independent tests and determinations.
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Quality Dispute. In case that the Project Owner and the Contractor are in dispute over the project quality, in addition to the settlement of the dispute according to the Article 24, the Supervisor may request the qualified engineering quality testing institution entrusted by the Parties to carry out the appraisal. The required expenses and losses caused thereby shall be borne by the responsible party; in case that such amount is caused by the Parties, then the Parties shall be liable separately according to their responsibilities. If, after the testing, the works have quality defects, then the accepted or unaccepted works that have been completed but actually put into use shall be settled in accordance with the terms of the project warranty; the completed works that have not been accepted and have not actually been put into use, as well as the works under the suspension of construction, may be settled in accordance with the settlement scheme determined based on the testing results or according to the disposal decision of the engineering quality supervision organization.
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Quality Dispute. In the event that a dispute arises between the parties hereto with respect to any matter concerning whether the Product conforms to the Specifications, either
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Quality Dispute. This Article of the General Terms and Conditions of the Contract are amended as follows: In case that the Project Owner and the Contractor are in dispute over the project quality, in addition to the settlement of the dispute according to the Article 24, the Supervisor may request the qualified engineering quality testing institution entrusted by the Parties to carry out the appraisal. The required expenses and losses caused thereby shall be borne by the responsible party; in case that such amount is caused by the Parties, then the Parties shall be liable separately according to their responsibilities. If, after the testing, the works have quality defects, then the accepted or unaccepted works that have been completed but put into use shall be settled in accordance with the terms of the project warranty, but if the Project Owner has evidence to prove that the works have quality defects, the Contractor shall still be liable for breach of contract; the completed works that have not been accepted and have not been put into use, as well as the works under the suspension of construction, maybe settled according to the disposal decision of the engineering quality supervision organization upon the consent of the Project Owner in accordance with the settlement scheme determined based on the testing results.
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Related to Quality Dispute

  • Third Party Dispute Resolution The Consulting Firm shall (i) consider only the items that are then disputed by the parties, (ii) shall be bound by the terms of the Agreement and (iii) shall only make a determination of such disputed matters in favor of the proposal made by the Purchasers or the Sellers (as may be presented by each party to the Consulting Firm in writing, which shall be shared with the other party) and shall not make an independent proposal. The Consulting Firm shall prepare a written determination of any disputed matters and deliver the determination to the Purchasers and the Sellers within fifteen (15) Business Days after the date the Consulting Firm is engaged. Each party shall cooperate fully with the Consulting Firm, including by using reasonable best efforts to provide the information, data and work papers to the extent permitted by applicable Law, so as to enable the Consulting Firm to make a determination of the disputed items as quickly as practicable. The Corrective Action Plan shall be finalized in accordance with the Consulting Firm’s determination of the disputed matters.

  • Informal Dispute Resolution Process 1. In the event there is a dispute under this Centralized Contract, the Contractor, OGS and Authorized User agree to exercise their best efforts to resolve the dispute as soon as possible. The Contractor, OGS and Authorized User shall, without delay, continue to perform their respective obligations under this Centralized Contract which are not affected by the dispute. Primary responsibility for resolving any dispute arising under this Centralized Contract shall rest with the Authorized User’s Contractor Coordinators and the Contractor’s Account Executive and the State & Local Government Regional General Manager. 2. In the event the Authorized User is dissatisfied with the Contractor’s Products provided under this Centralized Contract, the Authorized User shall notify the Contractor in writing pursuant to the terms of the Contract. In the event the Contractor has any disputes with the Authorized User, the Contractor shall so notify the Authorized User in writing. If either party notifies the other of such dispute, the other party shall then make good faith efforts to solve the problem or settle the dispute amicably, including meeting with the party’s representatives to attempt diligently to reach a satisfactory result through negotiation. 3. If negotiation between the Contractor and Authorized User fails to resolve any such dispute to the satisfaction of the parties within fourteen (14) business days or as otherwise agreed to by the Contractor and Authorized User, of such notice, then the matter shall be submitted to the State's Contract Administrator and the Contractor’s senior executive officer representative. Such representatives shall meet in person and shall attempt in good faith to resolve the dispute within the next fourteen (14) business days or as otherwise agreed to by the parties. This meeting must be held before either party may seek any other method of dispute resolution, including judicial or governmental resolutions. Notwithstanding the foregoing, this section shall not be construed to prevent either party from seeking and obtaining temporary equitable remedies, including injunctive relief. 4. The Contractor shall extend the informal dispute resolution period for so long as the Authorized User continues to make reasonable efforts to cure the breach, except with respect to disputes about the breach of payment of fees or infringement of its or its licensors’ intellectual property rights.

  • Labour Disputes 15.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.

  • I2 Dispute Resolution The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the finance director of the Contractor and the commercial director of the Authority.

  • CENTRAL DISPUTE RESOLUTION PROCESS The following process pertains exclusively to disputes and grievances on central matters that have been referred to the central process. In accordance with the School Board Collective Bargaining Act, 2014 central matters may also be grieved locally, in which case local grievance processes will apply. In the event that central language is being grieved locally, the local parties shall provide the grievance to their respective central agents.