Common use of Survey Procedure Clause in Contracts

Survey Procedure. 16.1 All claims for survey or disputes between the parties to the contract in respect of quality and/or quantity of the Goods shall be referred to the arbitration of registered surveyors, appointed by the Seller. 16.2 If the Buyer objects to the registered surveyor appointed by the Seller it shall, within five (5) days after receiving notice in writing from the Seller of the identity of the appointed surveyor, appoint a registered surveyor to act on its behalf and give notice of the same to the Seller. 16.3 In the event of the surveyors appointed under any of the preceding clauses failing to agree on an award within seven (7) days after the date when the last of them were appointed, they shall within a further four (4) days appoint an umpire to be agreed upon between them, such umpire to be a registered surveyor and in the event of such surveyors failing to agree on such appointment within the time herein specified, such umpires shall be appointed by the International Chamber of Commerce or any other competent body selected for the purpose on the application of the Seller. 16.4 The decision of the surveyor or umpire, as the case may be, shall be final and binding on the parties, subject to manifest error on the part of the surveyor or umpire.

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Sources: Conditions of Sale