Claims and Dispute Resolution Sample Clauses
Claims and Dispute Resolution. 14.1 Claims
Claims and Dispute Resolution. All claims or disputes arising out of this Agreement shall be governed by the terms of the Standard Contract Provisions.
Claims and Dispute Resolution. The claims and dispute resolution provisions of Article VII of the Distribution Agreement shall be applicable to this Agreement and are hereby incorporated herein by reference.
Claims and Dispute Resolution. Wheel Tires supplied with the product are to be mounted on the wheel by a professional. Removing the wheels is complicated and incorrect assembly can lead to instability and malfunctions: –Please contact an authorized service center if the product is still under manufacturer warranty. You can obtain a list of authorized service centers by visiting xxx.xxxxxx.xxx. –If the product is no longer under manufacture warranty, you can contact any specialized service center of your choice. –Should you have questions, you can contact customer service available at xxx.xxxxxx.xxx. Removal of the battery Do not remove the battery. Removing the battery is complicated and can alter the operation of the machine: You can contact an authorized service center if the product is still under manufacture warranty. If the product is no longer under manufacture warranty, you can contact any specialized service center of your choice. You can obtain a list of authorized service centers by visiting xxx.xxxxxx.xxx. For any further question, you can contact customer service available at xxx.xxxxxx.xxx.
Claims and Dispute Resolution. 14.1 Claims, Also See Sections 11 and 15 of General Conditions (Exhibit D)
Claims and Dispute Resolution. THIE CLAUSE CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU AND SEGWAY, ITS AFFILIATS, THE PRODUCT’S MANUFACTURER, DISRIBUTORS, SELLERS AND DESIGNERS AND INCLUDING BUT NOT LIMITED TO EACH OF THOSE SPECIFICALLY NAMES AND NOT SPECIFICALLY NAMED ENTITIES’ PREDECESSOR COMPANIES, SUBSEQUENT COMPANIES, AFFILIATED COMPANIES, SUBSIDIARIES, PARENT COMPANIES, ADMINISTRATORS, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, ATTORNEYS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS AND REPRESENTATIVES, AND ANY INSURER OR REINSURER THEREOF (TOGETHER “SEGWAY PARTIES”). THE CLAUSE CONTAINED HEREIN MAY AFFECT YOUR RIGHTS TO REMEDY AND IT IS YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS CAREFULLY BEFORE USE OF THE PRODUCT.
Claims and Dispute Resolution. Seller will submit any claims or disputes arising under this Purchase Order to Buyer in writing prior to Buyer making final payment. Buyer's obligation to make final payment is conditioned upon Seller's settlement and release of all claims or disputes. Seller agrees that its failure to submit any claims or disputes in writing by such time will constitute an express waiver by Seller of any legal or equitable rights with respect to the subject matter of the claim or dispute. For any claims or disputes arising under this Purchase Order, the parties agree to exert their best efforts in good faith to try to resolve such issues through direct negotiation between management. Seller agrees that any such issues that cannot be resolved through direct negotiation within a reasonable time will be submitted to binding arbitration. Arbitration proceedings will be conducted by the American Arbitration Association ("AAA") in Houston, Texas, before a single arbitrator, in accordance with the AAA Commercial Rules and Procedures. Each party will bear its own expenses in any dispute resolution process or proceeding. Notwithstanding the existence, filing, or pendency of any claim or dispute under this Purchase Order or with Buyer or any Owner, Seller will continue to fully perform its obligations hereunder and will not cease or delay performance, fabrication or fail to make any shipment pending resolution of any claim or dispute. Any award of the arbitrator may be enforced in any jurisdiction.
Claims and Dispute Resolution. THIE CLAUSE CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU AND SEGWAY, ITS AFFILIATS, THE PRODUCT’S MANUFACTURER, DISRIBUTORS, SELLERS AND DESIGNERS AND INCLUDING BUT NOT LIMITED TO EACH OF THOSE SPECIFICALLY NAMES AND NOT SPECIFICALLY NAMED ENTITIES’ PREDECESSOR COMPANIES, SUBSEQUENT COMPANIES, AFFILIATED COMPANIES, SUBSIDIARIES, PARENT COMPANIES, ADMINISTRATORS, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, ATTORNEYS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS AND REPRESENTATIVES, AND ANY INSURER OR REINSURER THEREOF (TOGETHER “SEGWAY PARTIES”). THE CLAUSE CONTAINED HEREIN MAY AFFECT YOUR RIGHTS TO REMEDY AND IT IS YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS CAREFULLY BEFORE USE OF THE PRODUCT.
6.1 Binding Arbitration Segway Parties and you agree that any dispute, controversy or claim arising out of, relating to or in connection with this agreement, the limited warranty, the sale, condition or performance of the product, whether based in contract, tort, fraud, misrepresentation or any other legal theory at law or in equity, including but not limited to any claims for death, injury or property damages, shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party. This arbitration clause shall apply all the persons in privity with you, including your family members, beneficiaries and assigns. The arbitration shall be conducted by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively “AAA Rules”). The AAA Rules are available online at xxx.xxx, or by calling the AAA at 0-000-000-0000. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the “Liability Disclaimer and Limitation” clause herein subject to the applicable law. The arbitration tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. Any decision of the arbitrator shall be final and may be entered into any judgment in any court of competent jurisdiction. You waive the right to have your claim heard in a court of law and by jury. You waive the right to participate in class actions arising from or relating to any and all claims and disputes with Segway Parties. You agree to arbitrate solely on an individual basis, and that this agreement does not ...
Claims and Dispute Resolution.
A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures herein provided or exercising their rights under law. If the parties fail to resolve a dispute through negotiation, then either or both may invoke the mediation procedures provided herein.
B. Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof (“Disputes”) to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect or as mutually agreed by the parties. Request for mediation shall be filed in writing with the other party to this Agreement and shall include a list of no less than three nor more than six names, addresses and qualifications of industry-experienced mediators which the filing party will accept to conduct the mediation. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
C. If such mediation is unsuccessful in resolving a Dispute, then either party may seek to have the Dispute resolved by a court of competent jurisdiction. In the event of litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover in accordance with Georgia law.
D. Owner and Engineer shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law in effect at the time this Agreement was executed, but in any case, not more than 10 years after the date of Substantial Completion of the Work. Owner and Engineer waive all claims and causes of action not commenced in accordance with this Paragraph 6.10 D.
Claims and Dispute Resolution. All claims and disputes and other matters in question arising out of or relating to this Agreement or the breach thereof, shall be submitted first to voluntary Mediation, and if Mediation is not successful, then to binding Arbitration, in accordance with the then-current Model Procedure for Mediation of Business Disputes of the Center for Public Resources. Arbitrators and Mediators shall be jointly selected by the parties, and have experience in international dispute resolution involving business between Mexico and the United States. Judgment on any arbitration award may be entered in a court of any competent jurisdiction. The prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs and disbursements in any action brought to enforce or its rights under this Agreement or to interpret the provisions of this Agreement. The existence of any claim, dispute or legal proceeding shall not relieve Lodemo from its obligation to properly perform its Services during such Mediation or Arbitration proceedings as set forth herein. Notwithstanding the above, before either party pursues Mediation or Arbitration, the parties agree to attempt to resolve any dispute amicably at a meeting to be attended by persons with decision-making authority. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they agree to resolve the dispute according to the Mediation and Arbitration dispute resolution process described in this Section.