Quality Control Clause Type 2

In the event that the Manufacturer and the Customer do not agree on whether the [products] meet the Customerís specifications, the [products] in question or a sufficient sample of the same shall be submitted for testing to an independent testing laboratory which has been mutually agreed upon by both parties. The determination of such independent testing laboratory shall be final and binding on both parties. The costs for such testing and determination shall be borne (a) by the Customer if the [products] are found to meet the specifications, or (b) by the Manufacturer if the [products] are found to be deficient in meeting the specifications.