Common use of EXPERTISE PROCEDURE Clause in Contracts

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.