Settling complaints Clause Samples
The 'Settling complaints' clause outlines the procedures and responsibilities for addressing and resolving disputes or grievances that arise between the parties. Typically, this clause specifies the steps for submitting a complaint, the timeframe for response, and the process for investigating and resolving the issue, such as through negotiation, mediation, or escalation to higher authorities. Its core practical function is to provide a clear, structured mechanism for managing conflicts, thereby minimizing misunderstandings and promoting efficient resolution without resorting to litigation.
Settling complaints. 8.6.1. The Supplier shall take measures within 3 working days after announcement and receipt of a complaint to investigate it.
8.6.2. The Customer must take all necessary steps to allow the Supplier’s experts to investigate the complaint at the Customer’s premises and the Customer should cooperate with the Supplier’s experts during such investigation.
8.6.3. If the Parties are unable to reach a common agreement within a reasonable period of time about a given complaint, the Supplier is entitled to request expert help from the Paper Research Institute of the Faculty of Wood Engineering of the University of West Hungary, operating as an independent expert body, the cost of which will be borne by the Supplier if the fault proves to be identifiable as theirs; while the costs of the test shall be borne by the Customer if the complaint is seen to be unfounded.
8.6.4. If the complaint is justified, its costs shall be borne by the Supplier, otherwise the costs shall be borne by the Customer. The Supplier will settle all lawful and legitimate complaints as per the concrete agreement reached with the Customer with regard to the settling of complaints.
8.6.5. The Customer can only send back goods he considers to be defective to the Supplier if the Supplier consents to such in writing.
8.6.6. The Supplier shall not be liable for any defects suffered after transfer of the risk – that is, risk which has been transferred simultaneously with the Customer’s receipt of Products - caused by external circumstances.
8.6.7. The Supplier is not liable for any damage caused by the improper storage or inadequate processing of Products or raw materials suffered by the Customer, or for Product damage caused by improper transport in case of transport organized by the Customer.
8.6.8. The Supplier has the right, at his own discretion, to give a discount to the Customer or to provide missing products, or replace the Product, or otherwise remedy a given problem. The prerequisite for delivery of a replacement Product shall be return of the defective product, unless the Supplier instructs the Customer otherwise.
8.6.9. A complaint does not exempt the Customer from making payment of the product’s price, as specified in the Contract, by the given time and in the given method of payment.