Independent Technical Expert - Rail

The objective is to deliver an Independent Root Cause Analysis.

1. Review all documentation
2. Review all appendices of the latest root cause analysis report provided
3. Request and review additional documentation as deemed necessary to fulfill the mission.
4. Perform independent tests through accredited laboratories and organizations, as considered appropriate.
5. Provide assistance and support during the arbitration proceedings, if requested, including clarification of the expert findings, participation in technical discussions or hearings, and responses to any queries raised by the arbitral tribunal.

The conclusions shall address and evaluate the following aspects:

1. Technical and ultimate root cause analysis of the defect.
2. Assessment of hidden defect status under French law, including an analysis of whether the evidence supports the existence of defects which: (a) were unequivocally caused by the manufacturing process; (b) render the guard rails unfit for their intended use; (c) are latent in nature and pre-date delivery; and (d) directly caused the reported damage.
3. Evaluation of whether the defect is typical for such processes and if it could have been reasonably avoided by the supplier (Vossloh).
4. Assessment of the manufacturing process against applicable standards.
5. Evaluation of logistics and installation procedures.
6. Impact of built-up material and track gauge/width.
7. Environmental factors: sand, humidity, temperature, sun exposure.
8. Review of supplier documentation for completeness and accuracy.
9. Verification and review of tests and inspections performed.
10. Advice on steps taken at the rail test lab and interpretation of results.
11. Site visit(s), if necessary, to ensure efficient execution of tasks.