Common use of Participant appeals to the XXXXX Surfacing Certification Committee through the Validator Clause in Contracts

Participant appeals to the XXXXX Surfacing Certification Committee through the Validator. The appeal shall state the reasons why Validator should reconsider its noncompliance decision or retest the product. If Validator, after reviewing the corrective action plan or retesting, determines that the ICAR (XXXXX Corrective Action Request) was rectified or not justified, the Corrective Action will be closed, and a copy sent to the Participant and Administrator. If Validator, after reviewing or retesting, determines that the ICAR was justified, the Participant’s right to use the XXXXX Certified Playground Surfacing Logo(s) in conjunction with the nonconforming product(s) is immediately revoked, and Validator will remove Participant’s noncompliant product(s) from the website.. If Participant accepts the ICAR as valid by selecting the second option above, and thereafter brings the product(s) into compliance, the product(s) may be resubmitted for validation. The product(s) will be validated with a different rating or the effective date of the change and Participant’s right to affix the logo(s) to the product will be reinstated. The Validator will have the dates of decertification and recertification of the noncomplying product(s). Under all circumstances, the Participant shall assume the costs of retesting.

Participant appeals to the XXXXX Surfacing Certification Committee through the Validator. The appeal shall state the reasons why Validator should reconsider its noncompliance decision or retest the product. If Validator, after reviewing the corrective action plan or retesting, determines that the ICAR (XXXXX Corrective Action Request) was rectified or not justified, the Corrective Action will be closed, and a copy sent to the Participant and Administrator. If Validator, after reviewing or retesting, determines that the ICAR was justified, the Participant’s right to use the XXXXX Certified Playground Surfacing Logo(s) in conjunction with the nonconforming product(s) is immediately revoked, and Validator will remove Participant’s noncompliant product(s) from the website.. . If Participant accepts the ICAR as valid by selecting the second option above, and thereafter brings the product(s) into compliance, the product(s) may be resubmitted for validation. The product(s) will be validated with a different rating or the effective date of the change and Participant’s right to affix the logo(s) to the product will be reinstated. The Validator will have the dates of decertification and recertification of the noncomplying product(s). Under all circumstances, the Participant shall assume the costs of retesting.