Common use of Technical Disputes Clause in Contracts

Technical Disputes. any dispute on technical facts relating to claims brought under this Limited Warranty shall be finally determined by an independent third-party testing organization. Philadelphia Solar and customer shall jointly appoint a reputable testing organization (hereinafter referred to “Third-party”) to determine the dispute. Neither Customer or Philadelphia Solar shall unreasonably refuse to participate in the evaluation or delay the relevant testing and evaluation procedures and shall provide convenience for the relevant testing and evaluation. Before carrying out such testing and evaluation the Third-party shall inform Philadelphia Solar and Customer of the test equipment’s power tolerance, which should be reflected in the final conclusions. The Third-party shall act as an expert, adjudicate on the disputed technical facts, allow the parties a reasonable opportunity to make representation and counter-representation and take those representations into account in making the final conclusions. The final conclusions arrived at the Third-party shall be final, conclusive, and binding on both parties and shall be mandatory prerequisite for the judicial assertion of a warranty claim. Reasonable expenses incurred by Third-party in carrying out the evaluation shall be paid by Customer in advance, including the cost of shipping the Claim Modules to the designated testing location of the Third-party. If Third-party concludes that the Claim Modules do not conform to the Limited Product Warranty or/and Limited Peak Power Warranty, Philadelphia Solar shall reimburse for the actual testing and transportation costs paid by Customer.

Technical Disputes. any Any dispute on technical facts relating to claims brought under this Limited Warranty shall be finally determined by an independent third-party testing organization. Philadelphia Solar and customer shall jointly appoint a reputable testing organization (hereinafter referred to “Third-party”) to determine the dispute. Neither Customer or Philadelphia Solar shall unreasonably refuse to participate in the evaluation or delay the relevant testing and evaluation procedures and shall provide convenience for the relevant testing and evaluation. Before carrying out such testing and evaluation the Third-party shall inform Philadelphia Solar and Customer of the test equipment’s power tolerance, which should be reflected in the final conclusions. The Third-party shall act as an expert, adjudicate on the disputed technical facts, allow the parties a reasonable opportunity to make representation and counter-representation and take those representations into account in making the final conclusions. The final conclusions arrived at the Third-Third- party shall be final, conclusive, and binding on both parties and shall be mandatory prerequisite for the judicial assertion of a warranty claim. Reasonable expenses incurred by Third-party in carrying out the evaluation shall be paid by Customer in advance, including the cost of shipping the Claim Modules to the designated testing location of the Third-party. If Third-party concludes that the Claim Modules do not conform to the Limited Product Warranty or/and Limited Peak Power Warranty, Philadelphia Solar shall reimburse for the actual testing and transportation costs paid by Customer.

Technical Disputes. any Any dispute on technical facts relating to claims brought under this Limited Warranty shall be finally determined by an independent third-party testing organization. Philadelphia Solar and customer shall jointly appoint a reputable testing organization (hereinafter referred to “Third-party”) to determine the dispute. Neither Customer or Philadelphia Solar shall unreasonably refuse to participate in the evaluation or delay the relevant testing and evaluation procedures and shall provide convenience for the relevant testing and evaluation. Before carrying out such testing and evaluation the Third-party shall inform Philadelphia Solar and Customer of the test equipment’s power tolerance, which should be reflected in the final conclusions. The Third-party shall act as an expert, adjudicate on the disputed technical facts, allow the parties a reasonable opportunity to make representation and counter-representation and take those representations into account in making the final conclusions. The final conclusions arrived at the Third-party shall be final, conclusive, and binding on both parties and shall be mandatory prerequisite for the judicial assertion of a warranty claim. Reasonable expenses incurred by Third-party in carrying out the evaluation shall be paid by Customer in advance, including the cost of shipping the Claim Modules to the designated testing location of the Third-party. If Third-party concludes that the Claim Modules do not conform to the Limited Product Warranty or/and Limited Peak Power Warranty, Philadelphia Solar shall reimburse for the actual testing and transportation costs paid by Customer.