Professional discretion Clause Samples
The 'Professional discretion' clause grants a professional party the authority to make decisions or judgments based on their expertise and experience within the scope of the agreement. In practice, this means the professional can determine the best course of action, such as choosing appropriate methods, materials, or timing, without needing prior approval from the client for each decision. This clause ensures that the professional can act efficiently and responsively, while also clarifying that the client trusts the professional’s judgment, thereby reducing delays and potential disputes over minor operational choices.
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Professional discretion. 6.1 Dancert and its staff must exercise absolute discretion with respect to the work performed and for whom the work is performed. Further- more, absolute discretion is required, with re- gard to any knowledge obtained through the performance of commissioned work.
6.2 Notwithstanding the provisions regarding pro- fessional discretion stated above, Dancert is at all times entitled to disclose information to the relevant authorities, including accreditation au- thorities, in connection with certification, inspec- tion or approval.
6.3 If, in the course of performing commissioned work, Dancert becomes aware of factors that Dancert finds to potentially cause material dam- age to health or environment, Dancert may, if necessary, inform the company/person thereof. If the company/person does not, as quickly as the circumstances require, take the necessary action to prevent or limit the risk of such dam- age, Dancert is, regardless of any separate agreement on discretion or secrecy, entitled to notify the relevant authorities.
Professional discretion. 2.1 The Institute will observe customary professional discretion with respect to disclosure of the performance of commissioned work and with respect to any agreements. A special agreement in writing shall be concluded if the customer requires secrecy as such, for example regarding know-how of the customer that may come to the knowledge of the Institute during the performance of commissioned work.
2.2 If any test or development work leads to results of interest to the general public, the Institute may publicly announce such results unless otherwise agreed in a secrecy agreement as mentioned under clause 2.1.
2.3 When the Institute undertakes work that involves an assessment of a service provided by a third party, the customer accepts and understands that the Institute may approach such third party and other relevant bodies in order to obtain information for use in performing the work.
2.4 The Institute shall at any time be entitled to pass on information, which the Institute is under a statutory obligation to disclose.
2.5 If, in the course of performing commissioned work, the Institute becomes aware of factors that in the opinion of the Institute may cause material damage to health or environment, the Institute may, if required, inform the customer thereof. In the event that the customer does not, as quickly as possible, take the steps necessary to prevent or limit the risk of material damage to health or environment, the Institute shall, notwithstanding any separate agreement on discretion or secrecy, be entitled to pass on such knowledge to the relevant authorities.