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FER Code of Practice

Appendix E - Guide to Conciliation and Arbitration

Conciliation Service

1. The object of the Conciliation Service

The object of the Conciliation service shall be the settlement of any dispute or difference referred to the Federation by any customer.

2. How this is achieved

The Federation will act as an impartial third party and endeavour to keep channels of communication open between the customer and our member. Having received a Complaint Form from the customer it will request a review from the member concerned. Having considered the facts from both parties the Conciliation Service will then make suggestions as to how the complaint may'" be settled and do everything possible to bring the matter to a speedy conclusion. It will keep in close touch with both parties and keep them informed of progress until the matter has been resolved.

The Federation believes that if a complaint cannot be settled amicably between the parties then the Conciliation Service is the best alternative. It should produce a settlement that would be acceptable to both parties without the need or expenses of further action.

If this process requires an engine or part(s) to be examined by an engineer, then the cost of that inspection will be borne by both parties. The findings of the engineer will be made available to both parties and the evidence produced will be used to establish a settlement of the complaint.

Should it not be possible to settle the complaint through the Conciliation Service then the Arbitration Service will be offered as a way of bringing the matter to a conclusion.

Arbitration Service

1. The Object of the Arbitration Service

Any complaint may be referred to arbitration should the customer so wish. The objective of

arbitration is to seek a low cost solution to the dispute, without resorting to litigation. The Arbitration,

Service is completely independent and unbiased in any way.

Federation members shall be expected to co-operate in referring a dispute to arbitration. Customers must be advised that they have the option of taking court action. The Arbitration Service shall be governed by the Arbitration Act of 1966.

2. Arbitration Procedure

a.   Parties to arbitration will be asked to pay the fees as laid down by the service. Costs can be awarded against one party or another depending on the judgment made.

b.   The parties will be asked to sign an application for arbitration, and send the application, with the fees, to the Federation.

c.   In order to keep costs to the minimum, arbitration will be dealt with on a documentation submission basis only. In such cases none of the parties to the dispute may be present or represented by another person.

d.   If a party wants to consider going to arbitration they can request full details of the scheme from the Federation Secretary.

e.   The adjudication of the arbitrator is final and legally enforceable in the courts.

Content copyright Federation of Engine Re-manufacturers all rights reserved June 2011
Federation of Engine Re-Manufacturers Ltd, Aftermarket House, 5 Marlin Office Village,
1250 Chester Road, Castle Bromwich, Birmingham, B35 7AZ
Tel: 0121 749 4767  |  Fax: 0121 730 2745  |  Email: enquiries@fer.co.uk

The site description is: Providing more influence, better information and stronger support to the Engine Re-Manufacturer and the keywords are: internal combustion engine, remanufactured engines, re-manufactured engines, reconditioned engines, re-condition engines, rebuild engines, re-build engines

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