UHI Machinery takes complaints, disputes and differences very seriously. If any dispute arises relating to products or product warranties, it must promptly give the other notice in writing.
With 14 days of a party giving notice, the other party must provide to the first party a written response stating its position and thereafter:
(a) within 7 days of that response, the respective involved managers must meet in person at least once to try to resolve the dispute in good faith in a first meeting
(b) failing a resolution within 7 days of that meeting, within a further 7 days, more senior delegates of each manager must meet in person to try to resolve the dispute in good faith in a Second Meeting;
(c) failing a resolution within 7 days of the second meeting, within a further 7 days from that meeting, the managing director of the Customer and a General Manager of UHI must meet in person to try to resolve the dispute in good faith in a third meeting.
Expect for urgent interlocutory or declaratory relief, as a condition precedent to the commencement of any court or tribunal proceedings, if a dispute or difference arises under or in connection with this Contract and the aggregated amount of either party’s claims (excluding interest and costs) exceeds $10,000 (exc GST), the dispute or difference shall be, and is hereby, referred to expert determination.
Falling agreement within 14 days of referral, the President of the Insitute of Arbitrators and Mediators Australia (IAMA) shall nominate and appoint the expert. The expert’s determination will be final and binding in all respects and not an arbitration. Each party must bear its own costs of the determination and half of the expert’s. The expert determination will be conducted in accordance with the IAMA Expert Determination Rules.