Quality Disputes. (1) SELLER shall provide HECO with a Certificate of Quality of each batch or Marine Shipment of Product Delivered by the SELLER. For Marine Deliveries, such Certificate shall conform to the one provided to SELLER by its supplier of LSFO. Final determination of quality shall be made as otherwise provided herein.
Quality Disputes. 1. The quality of Fuel sold and Delivered to Hawaiian Electric shall be determined on the basis of Seller’s Certificate of Quality of the Fuel provided by the Seller. Each shipment of Fuel to Hawaiian Electric shall comply with the Specifications subject to Section 4.1.
Quality Disputes. If QTI’s customer’s own analysis indicates quality deficiencies, then that customer will submit the analysis and claim in writing to QTI who will in turn forward to BSE. Within fifteen (15) business days after the receipt of the claim, BSE will accept claim or forward an eight (8) ounce portion of the retained sample to a mutually agreeable Official Referee Laboratory and notify QTI of such action who in turn will notify their buyer. The results of this Official Referee Analysis will be binding upon both parties for final claim settlement and the expense of the analysis will be borne by BSE if a claim is due and by the customer if no claim is due. In no event shall BSE be liable for duplicate claim liabilities under the Specifications Warranty.
Quality Disputes. If the Parties are unable to agree as to whether a Product conforms to the Warranty, [**]. The [**]. The cost of inspections and testing by the laboratory will be [**].
Quality Disputes. Any claim by P&G that any of the Products at the time of delivery to P&G did not meet the Release Specifications or during their shelf life did not meet the Specifications must be made in writing to OSGP within thirty (30) days after discovery by P&G of the problem. In the event that P&G claims that any of the Products failed to meet the Release Specifications or the Specifications and OSGP disagrees with P&G’s findings, OSGP shall test In OSGP’s Norwich Plant testing facilities a retained sample from the same batch as the contested Product. P&G may, at its option and cost, have one of its personnel present for and actively participate in such testing. At P&G’s discretion the testing may be done at a Third Party laboratory mutually agreed upon by the parties. The results of such Third Party testing shall be accepted by the two parties as final and binding. The cost of such analysis, and the cost of testing, shipment, replacement or disposal of disputed Product, shall be borne by the party whose position is not substantiated by the testing.
Quality Disputes. (1) The quality of Fuel Delivered by Seller to the Companies’ Nominated truck(s) shall be determined on the basis of a volumetric weighted average composite of samples drawn by an Independent Inspector or Seller representative from Seller’s Nominated terminal issuing tank(s) after the completion of each bulk receipt into such terminal tanks in such a manner as to be representative of the volume of the tank inventory from that time until the time of the next bulk receipt. Such samples of Fuel shall be divided into a minimum of two (2) parts one of which shall be sealed and dated and retained by Seller, or an Independent Inspector at the option of Seller, for a period of not less than three (3) months.
Quality Disputes. 14.1 Any dispute concerning the grade, quality, sampling, testing or classification of Grain/Pulses/Oilseed which FIE and the Client cannot resolve themselves after using reasonable endeavours to do so, may be referred to an independent testing facility for resolution.
Quality Disputes. Party B shall notify Party A in writing of any quality defects and provide written testing report and conclusion with product tracking number. If Party A, after its own quality control department tests the product, has any objection to the testing report and the conclusion reached, it shall provide Party B with written feedback with relevant proof within **** working days. Otherwise it will be deemed to acknowledge the quality defects raised by Party B. If Party A’s testing confirm the quality defects and the defective products are in large quantities, Party A shall arrange for exchange or return of the defective products immediately. If the defective products are in small quantities, Party A could deliver replacement to Party B upon its next pick up. Party A shall bear all fees for delivery of replacement. Return and exchange are not available for products (excluding stress wafer) with a defective rate below **** , which is considered as normal wear and tear during production and transportation. Party A has no responsibility for quality defects which are caused by Party B’s improper operations during its inspection and manufacture.
Quality Disputes. (1) The quality of the Product sold and Delivered by Seller to the Companies shall be as stated on Seller’s Certificate of Quality for such Product. The quality of the Product in the Companies’ nominated truck or in Seller’s nominated truck delivered to the Companies’ Receiving Facilities shall be determined on the basis of a volumetric weighted average composite of samples drawn by the Independent Inspector or Seller representative from Seller’s nominated terminal issuing tank(s) after the completion of each bulk receipt into such terminal tanks in such a manner as to be representative of the volume of the tank inventory from that time until the time of the next bulk receipt. Such samples of the Product shall be divided into a minimum of two (2) parts one of which shall be sealed and dated and retained by Seller, or an Independent Inspector at the option of Seller, for a period of forty five (45) Days.
Quality Disputes. Any claim by Hemostemix that any of the Products at the time of delivery to Hemostemix did not meet the Release Specifications must be made in writing to AHS within fifteen (15) days after discovery by Hemostemix of the problem by way of, or otherwise including a Non-Conformance Report. In the event that Hemostemix claims that any of the Products failed to meet the Specifications and AHS disagrees with Hemostemix's findings, AHS shall test in AHS’ Orlando Lab testing facilities a retained sample from the same batch as the contested Product. Hemostemix may, at its option and cost, have one of its personnel present for and actively participate in such testing. At Hemostemix's Discretion the testing may be done at a Third Party laboratory mutually agreed upon by the Parties. The results of such Third Party testing shall be accepted by the Parties as final and binding. The cost of such analysis, and the cost of testing, shipment, replacement or disposal of disputed Product, shall be borne by the Party whose position is not substantiated by the testing.
