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. JA Solar and Customer shall jointly appoint a reputable international or Chinese testing organization such as TÜV Rheinland, TÜV SUD, Intertek, UL, CQC or CGC, or any other mutually acceptable neutral third-party testing organization (hereinafter referred to as "Third-party Testing Organization") to determine the dispute. Neither Customer nor JA 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 (including but not limited to providing convenience at the installation site and/or providing convenience for JA Solar to ship the Claim Modules involved to the Third-party Testing Organization for testing).Before carrying out such testing and evaluation, the Third-party Testing Organization shall inform JA Solar and Customer of the test equipment's power tolerance, which should be reflected in the final conclusions. The Third-party Testing Organization shall act as an expert, adjudicate on the disputed technical facts, allow the parties a reasonable opportunity to make representations and counter-representations and take those representations and counter-representations into account in making final conclusions. The final conclusions arrived at by the Third-party Testing Organization shall be final, conclusive and binding on both parties, and shall be a mandatory prerequisite for the judicial assertion of a warranty claim. Reasonable expenses incurred by the Third-party Testing Organization in carrying out the evaluation shall be paid in advance by Customer, including the cost of shipping the Claim Modules to the designated testing location of the Third-party Testing Organization, insurance costs, storage costs, etc., as well as the service charges for testing and evaluation. If the Third-party Testing Organization concludes that the Claim Modules do not conform to the Limited Product Warranty and/or the Limited Peak Power Warranty, JA Solar shall reimburse for actual testing and transportation expenses prepaid by Customer upon receipt of the relevant written notice and copies of the relevant invoices. The risk of damage to and loss of the Claim Modules in the process of testing and evaluation by the Third-party Testing Organization shall be transferred at the same time as their ownership.