Umpire Analysis Clause Samples
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Umpire Analysis. (a) The Independent Umpire, being an independent testing laboratory, must be chosen by the Buyer and Seller. If the Buyer and Seller fail to agree on the Independent Umpire, the Independent Umpire will be nominated by the Seller.
(b) The Umpire Analysis must conduct its analysis as soon as possible.
(c) The certified Umpire Analysis will be averaged with whichever of the Seller’s or the Buyer’s analysis is closer to the Umpire Analysis and the average so obtained will be accepted as final and binding by both the Buyer and Seller.
(d) The cost of the Umpire Analysis will be borne equally between the Buyer and Seller.
(e) Each Party may, at its own expense, have its representatives present during the Umpire Analysis conducted pursuant to this Clause 5 of this Schedule.
Umpire Analysis. In the event that either Party wishes to challenge the result of any analysis made at the Loading Port or discharge port, it shall do so within 90 (ninety) days from the date of ▇▇▇▇ of Lading (“BL”) i.e. the date of completion of loading of the Vessel. The Umpire sample to be preserved in good air tight sealed condition for dispatch to umpire laboratory even after 90 days, if the intimation from either party is provided within 90 days from BL date In such event the Umpire Sample (Either loadport or discharge port) shall be sent to mutually acceptable internationally recognized independent commercial laboratory (the “Umpire Laboratory”). Laboratory shall perform analysis of the specifications for the parameters requested by the Party called for Umpire analysis, and issue a certificate (the “Umpire Certificate”) certifying the result of such analysis. If the difference between results on challenged Certificate of Sampling & Analysis and Umpire Certificates is greater than the inter laboratory reproducibility (61 kcal/ kg in case of GCV (ARB)), with umpire certificate results on lower side, then Umpire certificate shall prevail, else challenged Certificate of Sampling & Analysis results shall prevail as final and binding. Either party can challenge for Umpire analysis and the costs of the analysis of the Final Umpire sample by Umpire Laboratory, shall be borne by the Party whoever has lost upon challenging the results of Final certificate of sampling and analysis.