Independent Certifier’s role in Guarantee Tests Sample Clauses

Independent Certifier’s role in Guarantee Tests. (a) The Guarantee Tests shall be carried out by the Contractor in the presence of the Purchaser, the Project Manager and the Independent Certifier. (b) The Purchaser shall instruct the Independent Certifier to prepare a Testing Programme for conducting the Guarantee Tests and to submit this programme to the Parties for approval at least three (3) months before the anticipated commencement of the Reliability Testing. Such Guarantee Tests shall be carried out in accordance with the time schedule and procedures, and under the operating conditions specified in Sub-clause 32.6 and Clause 33 and Schedule 5 (Times and stages of completion), Schedule 6 (Commissioning and Take-Over procedures) and Schedule 7 (Guarantee Tests and procedures). (c) In the event that either Party do not approve the Testing Programme within 30 days of receipt then the Testing Programme shall be as determined in accordance with Clause 45 and 46 (as may be amended and supplemented by the Adjudicator to incorporate such comments as are made by each Party which the Adjudicator considers to be reasonable and appropriate). The Adjudicator shall be required to issue a copy of such Testing Programme to the Parties at least [thirty (30)] days before the anticipated commencement of the Reliability Testing. Without prejudice to any rights or remedies that the Parties may have against the Independent Certifier, the Parties agree that, notwithstanding any other provision contained in Clause 45 and 46, the Adjudicator’s decision as to the contents of the Testing Programme shall be final, binding and enforceable upon the Parties and may not subsequently be referred by either Party to arbitration.
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