EXPERTISE PROCEDURE Sample Clauses

EXPERTISE PROCEDURE. In the event that the Buyer is not satisfied with the quality of the goods delivered or to be delivered, it must inform the Seller of such dissatisfaction as soon as possible, and in any event within 7 days of delivery of the goods or such other period as the parties may agree hereafter: The Buyer shall immediately apply to the following institution for an expert to be appointed. If no institution has been specified by the parties, then the Buyer shall Immediately proceed to appoint an expert. Any expert appointed shall be independent of the parties. The expert shall consider and report to the parties on the alleged nonconformity of the goods. For this purpose, the expert shall be entitled to inspect the entire goods, or samples taken under his/her supervision, and may carry out any test which he/she considers to be appropriate. The expert shall submit his/her report to both parties by registered post. The report shall be final and binding upon the parties unless, within 45 days after it has been received (or such other period as the parties may agree hereafter: ), it is challenged by one of the parties by the commencement of proceedings in accordance with the dispute resolution procedure provided under this Contract. The expert's fees and expenses shall be borne by the Buyer pending completion of the expertise procedure, but shall be reimbursed to the Buyer by the Seller if the nonconformity of the goods with the contractual requirements is established.
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EXPERTISE PROCEDURE. In case no agreement on the price is reached within six (6) months from the initiation of negotiations under article 7.4.2, 7.4.4 or 7.4.5, the parties concerned agree to submit the determination of the price to an expert appointed in accordance with the CEPANI Rules of Technical Expertise, which Rules shall apply to said procedure. The expertise procedure will be conducted in the Dutch language and the costs will be borne in equal shares by the parties involved in the procedure. The findings and conclusions of such expert will bind these parties. However, the party requesting Access Rights may revoke its request if the price as determined by the expert is in its view not acceptable, but will in such case bear the full cost of the expert procedure. Non-disclosure of information Definition. All information in whatever form or mode of transmission, which is disclosed by a party (the “Disclosing Party”) or its Affiliates to any other party (the “Receiving Party”) or its Affiliates in connection with the Project and which has been marked as “confidential”, or when disclosed orally or in any other intangible form, has been identified as confidential at the time of disclosure and has been confirmed and designated in writing within fifteen (15) days from oral disclosure at the latest as confidential information by the Disclosing Party, is “Confidential Information”. The information which is not identified as confidential must nevertheless be treated as Confidential Information by the Receiving Party, if it knows or should reasonably be expected to know about the secret and confidential nature of such information.
Sample 1
EXPERTISE PROCEDURE. In case no agreement is reached within three (3) months from the initiation of negotiations on market terms under article 7.2.3, 7.3.8, 7.3.9 and 7.3.11, and on Fair and Reasonable Conditions under article 7.3.12, the Parties concerned agree to submit the determination of the respective market terms or the Fair and Reasonable Conditions to an expert appointed in accordance with the CEPANI Rules of Expertise Procedure, which Rules will apply to said procedure. The findings and conclusions of such expert will bind these Parties.
Sample 1

Related to EXPERTISE PROCEDURE

  • Impasse Procedure 1. If negotiations are not successfully concluded by the first day of school, impasse shall exist. At any earlier time either party may declare impasse. The parties may mutually agree to extend impasse deadlines. Upon reaching of impasse, the items causing the impasse shall be referred to a three-member committee.

  • Discipline Procedure To ensure that there is no misunderstandings when discipline is to be administered the Parties shall adhere to the following procedure in each instance of discipline.

  • ARTICLE GRIEVANCE PROCEDURE The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

  • Employee Grievance Procedure 91. An employee having a grievance may first discuss it with the employee's immediate supervisor, or the next level in management, to try to work out a satisfactory solution in an informal manner. The employee may have a representative(s) at this discussion.

  • GRIEVANCE PROCEDURE 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

  • Formal Grievance Procedure 1. In the event that a complaint cannot be resolved informally, the parties shall pursue the first step in the formal grievance procedure before making any application for arbitration, unless the College and the AAUP agree in writing to alter the procedure or waive one or more of the steps by proceeding directly to arbitration.

  • PROFESSIONAL GRIEVANCE PROCEDURE A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided.

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