Common use of Quality Disputes Clause in Contracts

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.

Appears in 2 contracts

Sources: Corn Protein Concentrate Marketing Agreement (Badger State Ethanol LLC), Corn Germ Marketing Agreement (Badger State Ethanol LLC)