Acceptance Procedures. 2.1 The CONTRACTOR shall, during the Acceptance Test Period, make available the Ordered IT Products to the CUSTOMER (including any products supplied by the CONTRACTOR necessary to enable the provision of those Ordered IT Products) for the Acceptance Procedures to be performed. 2.2 The CUSTOMER will conduct Acceptance Tests on the Ordered IT Products to test whether they meet the requirement specified in the Order and meet the appropriate Service Levels. 2.3 The CUSTOMER will perform the Acceptance Procedures in respect of each Ordered IT Product (including any applicable delivery milestones stated within the Implementation Plan of this Contract). 2.4 The Acceptance Procedures shall be recorded as successful and the CONTRACTOR notified accordingly where all the Acceptance Test Criteria are met. 2.5 The Acceptance Procedures shall be recorded as unsuccessful and the CONTRACTOR notified accordingly where any of the Acceptance Test Criteria are not met. 2.6 In the event that the Acceptance Procedures in respect of each Ordered IT Product or any part thereof, have not been recorded as successful pursuant to paragraph 2.4 of this Schedule by the end of the relevant Acceptance Test Period, the CUSTOMER will extend the Acceptance Test Period by a period of ten (10) Working Days (or such other period as the parties may agree) during which the CONTRACTOR shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re- performed. 2.7 In the event that after the CUSTOMER has extended the Acceptance Test Period pursuant to paragraph 2.6 of this Schedule the relevant Acceptance Procedures have not been recorded as successful by the end of that period, the CUSTOMER shall, without prejudice to its other rights and remedies, be entitled to:
Appears in 3 contracts
Sources: Contract for the Provision of Commoditised It Hardware and Software, Contract for the Provision of Commoditised It Hardware and Software, Commoditised It Hardware and Software Model Contract
Acceptance Procedures. 2.1 9.1 The CONTRACTOR shall, Final Acceptance of the System shall be deemed to be effected in accordance with the terms and provisions of this Article and of Article 10 and in accordance with the principal guidelines defined in Appendix D of Annex I. The detailed Final Acceptance Procedures will be provided on CDR. The Supplier shall make ready the System for testing procedures in accordance with the timetable provided in Annex I of this Agreement. A copy of the Completed Acceptance Plan of the System regarding the testing procedures shall be drafted and submitted by the Supplier to the Customer and shall be approved by Customer at least thirty (30) calendar days prior to the dates the testing procedures are scheduled to take place. The Acceptance Test Principles are described in Appendix D of Annex I of this Agreement.
9.2 The Customer shall be responsible for a proper number of authorized personnel to participate in the acceptance procedure.
9.3 If the tests performed during the application of the Complete Acceptance Test Period, make available Plan for the Ordered IT Products acceptance of the System are not successful according to the CUSTOMER (including any products supplied Complete Acceptance Plan, these tests shall be repeated immediately and within the timetable defined in the Complete Acceptance Plan, until they are completed successfully. The Supplier shall repair malfunctions and/or failures/Defects, which may occur in the System observing however the delivery timetable of this Agreement.
9.4 The acceptance procedure shall be completed as soon as the following are achieved:
a. The tests for the System have been completed by the CONTRACTOR necessary to enable Parties, through the provision signature of those Ordered IT Products) for the System Acceptance Procedures to be performed.
2.2 The CUSTOMER will conduct Acceptance Tests on the Ordered IT Products to test whether they meet the requirement specified in the Order and meet the appropriate Service Levels.
2.3 The CUSTOMER will perform the Acceptance Procedures in respect of each Ordered IT Product Report (including any applicable delivery milestones stated within the Implementation Plan of this Contract"SSAR").
2.4 b. Every and all of the materials, equipment and other items provided in the Bill of Quantities have been delivered, installed and tested for each one of the System,
c. The Acceptance Procedures shall be recorded as successful training has been completed and the CONTRACTOR notified accordingly where all Customer's trainees have been certified with the Acceptance Test Criteria are metCertificate of Training for the operation and maintenance of the System.
2.5 The Acceptance Procedures shall be recorded as unsuccessful and the CONTRACTOR notified accordingly where any d. All of the Acceptance Test Criteria are not metwritten documentation has been delivered to the Customer.
2.6 In the event that the Acceptance Procedures in respect of each Ordered IT Product or any part thereof, have not been recorded as successful pursuant to paragraph 2.4 of this Schedule by the end of the relevant Acceptance Test Period, the CUSTOMER will extend the Acceptance Test Period by a period of ten (10) Working Days (or such other period as the parties may agree) during which the CONTRACTOR shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re- performed.
2.7 In the event that after the CUSTOMER has extended the Acceptance Test Period pursuant to paragraph 2.6 of this Schedule the relevant Acceptance Procedures have not been recorded as successful by the end of that period, the CUSTOMER shall, without prejudice to its other rights and remedies, be entitled to:
Appears in 3 contracts
Sources: License and Supply Agreement, License and Supply Agreement (Ituran Location & Control Ltd.), License and Supply Agreement (Ituran Location & Control Ltd.)
Acceptance Procedures. 2.1 The CONTRACTOR shall, during the Acceptance Test Period, make available the Ordered IT Products to the CUSTOMER (including any products supplied by the CONTRACTOR necessary to enable the provision of those Ordered IT Products) for the Acceptance Procedures to be performed.
2.2 The CUSTOMER will conduct 4.1 Ordnance Survey shall undertake Acceptance Tests on the Ordered IT Products to test whether they meet the requirement specified in the Order and meet the appropriate Service Levels.
2.3 The CUSTOMER will perform the Acceptance Procedures in respect of each Ordered IT Product (including any applicable delivery milestones stated within the Implementation Plan of this Contract)digital imagery in accordance with the Imagery Acceptance Procedure.
2.4 The 4.2 Subject to the provisions relating to crew availability contained in Condition 3.2 of Schedule 3 and delays and cancellations contained in Condition 3.1 of Schedule 3,in the event that Ordnance Survey finds any Defect in the Services or in any constituent part thereof Ordnance Survey shall notify the Supplier with full written details of the Defect who shall promptly remedy such Defects at its cost and shall notify Ordnance Survey that the Services or such constituent part thereof is ready for repeat Acceptance Procedures Tests. Ordnance Survey shall be recorded as successful and the CONTRACTOR notified accordingly where all repeat the Acceptance Test Criteria are metTests and shall issue to the Supplier a certificate of Acceptance signed by Ordnance Survey’s Authorised Representative once the Services or that constituent part has passed the Acceptance Test.
2.5 The Acceptance Procedures shall be recorded as unsuccessful and the CONTRACTOR notified accordingly where any of the Acceptance Test Criteria are not met.
2.6 4.3 In the event that the Services or any constituent part thereof fails to pass the repeat Acceptance Procedures Tests within four calendar weeks of the commencement of such Acceptance Tests; Ordnance Survey shall (without prejudice to any other rights or remedies it may have) be entitled forthwith on giving notice in writing to the Supplier at its option:
4.3.1 to accept the Services (or the relevant constituent part thereof) subject to a reasonable reduction in the price payable to the Supplier in respect thereof, provided that, in the absence of written agreement as to the amount of such reduction within the period of fourteen (14) days after the date of such notice, Ordnance Survey shall be entitled to reject the Services (or that part thereof) in accordance with Clause 4.3.2 below;
4.3.2 To reject the Services (or the relevant constituent part thereof) as not being in conformity with this Agreement, in which event;
a) the Supplier shall forthwith refund to Ordnance Survey all sums previously paid to the Supplier under or in connection with this Agreement in respect of each Ordered IT Product the respective Services or any part thereof, have not been recorded as successful pursuant to paragraph 2.4 of this Schedule by the end of the relevant Acceptance Test Period, the CUSTOMER will extend the Acceptance Test Period by a period of ten (10constituent part so rejected; and
b) Working Days (or such other period as the parties may agree) during which the CONTRACTOR shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures Ordnance Survey shall be re- performed.
2.7 In the event that after the CUSTOMER has extended the Acceptance Test Period pursuant to paragraph 2.6 of this Schedule the relevant Acceptance Procedures have not been recorded as successful by the end of that period, the CUSTOMER shall, entitled (without prejudice to its any other rights or remedies it may have) to terminate this Agreement forthwith by giving to the Supplier not less than thirty days written notice to that effect.
4.4 In no event shall Ordnance Survey be deemed to have accepted the Services or any constituent part thereof unless and remediesuntil it has issued a certificate of Acceptance to the Supplier in accordance with Clause 4.2.
4.5 The Supplier acknowledges that Acceptance of any part of the Services is distinct from Acceptance of the Services as a whole and that, if any part of the Services or the Services as a whole fails to pass any stage of the Acceptance Tests, Ordnance Survey shall be freely entitled in accordance with Clause 4.3.2 to reject the Services as a whole or any constituent part thereof (even if Ordnance Survey has previously Accepted any such constituent part) and not just the part of the Services which has failed to pass the Acceptance Tests. In this event, Ordnance Survey shall be entitled to:(without prejudice to any other rights or remedies it may have) to terminate this Agreement by giving to the Supplier not less than thirty days’ written notice to that effect.
Appears in 1 contract
Sources: Agreement for the Hire of Aircraft for the Acquisition of Aerial Photography
Acceptance Procedures. 2.1 43.1 The CONTRACTOR shall, during the Acceptance Test Period, make available the Ordered IT Products to the CUSTOMER (including any products supplied by the CONTRACTOR necessary to enable the provision of those Ordered IT Products) for the Acceptance Procedures to be performed.
2.2 43.2 The CUSTOMER will conduct Acceptance Tests on the Ordered IT Products to test whether they meet the requirement specified in the Order and meet the appropriate Service Levels.
2.3 43.3 The CUSTOMER will perform the Acceptance Procedures in respect of each Ordered IT Product (including any applicable delivery milestones stated within the Implementation Plan of this Contract).
2.4 43.4 The Acceptance Procedures shall be recorded as successful and the CONTRACTOR notified accordingly where all the Acceptance Test Criteria are met.
2.5 43.5 The Acceptance Procedures shall be recorded as unsuccessful and the CONTRACTOR notified accordingly where any of the Acceptance Test Criteria are not met.
2.6 43.6 In the event that the Acceptance Procedures in respect of each Ordered IT Product or any part thereof, have not been recorded as successful pursuant to paragraph 2.4 of this Schedule by the end of the relevant Acceptance Test Period, the CUSTOMER will extend the Acceptance Test Period by a period of ten (10) Working Days (or such other period as the parties may agree) during which the CONTRACTOR shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re- re-performed.
2.7 43.7 In the event that after the CUSTOMER has extended the Acceptance Test Period pursuant to paragraph 2.6 of this Schedule the relevant Acceptance Procedures have not been recorded as successful by the end of that period, the CUSTOMER shall, without prejudice to its other rights and remedies, be entitled to:
43.7.1 extend the Acceptance Test Period for a further period (or periods) specified by the CUSTOMER during which the CONTRACTOR shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re-performed; or
43.7.2 reject the Ordered IT Product, terminate this Contract and receive a full refund of all sums paid under this Contract.
43.8 If the CUSTOMER fails to carry out the relevant Acceptance Tests within the Acceptance Test Period and such failure is wholly and solely due to the actions or inactivity of the CUSTOMER, the Acceptance Tests shall be deemed to have been completed successfully.
43.9 The Acceptance Procedures set out in paragraph 2 of this Schedule shall apply to each of the phases of testing set out in paragraph 3 of this Schedule (unless stated otherwise in paragraph 3).
43.10 The right to reject and terminate in paragraph 2.7.2 of this Schedule shall apply to each Ordered IT Product so that the CUSTOMER can reject and terminate parts of the Ordered IT Product rather than the entire Ordered IT Products if it so wishes. If the CUSTOMER only terminates the rejected part of the Ordered IT Product the refund referred to in paragraph 2.7.2 of this Schedule shall be in respect of Ordered IT Products so rejected.
43.11 The CONTRACTOR shall provide such assistance as the CUSTOMER requires in relation to the conducting of the Acceptance Tests.
43.12 During the implementation/rollout phase (as further described in paragraph 3 of this Schedule), the CUSTOMER reserves the right to re-test any service element which failed the Acceptance Tests conducted in the previous testing phase (as further described in paragraph 3 of this Schedule) even if such service element subsequently passed the Acceptance Test and was signed off by the CUSTOMER. In the event of such re-test, the CUSTOMER shall have all rights and remedies set out in the Contract.
Appears in 1 contract
Sources: Commoditised It Hardware and Software Framework Agreement
Acceptance Procedures. 2.1 The CONTRACTOR shall, during the Acceptance Test Period, make available the Ordered IT Products to the CUSTOMER (including any products supplied by the CONTRACTOR necessary to enable the provision of those Ordered IT Products) for the Acceptance Procedures to be performed.
2.2 The CUSTOMER will conduct Acceptance Tests on the Ordered IT Products to test whether they meet the requirement specified in the Order and meet the appropriate Service Levels.
2.3 The CUSTOMER will perform the Acceptance Procedures in respect of each Ordered IT Product (including any applicable delivery milestones stated within the Implementation Plan of this Contract).
2.4 The Acceptance Procedures shall be recorded as successful and the CONTRACTOR notified accordingly where all the Acceptance Test Criteria are met.
2.5 The Acceptance Procedures shall be recorded as unsuccessful and the CONTRACTOR notified accordingly where any of the Acceptance Test Criteria are not met.
2.6 In the event that the Acceptance Procedures in respect of each Ordered IT Product or any part thereof, have not been recorded as successful pursuant to paragraph 2.4 of this Schedule by the end of the relevant Acceptance Test Period, the CUSTOMER will extend the Acceptance Test Period by a period of ten (10) Working Days (or such other period as the parties may agree) during which the CONTRACTOR shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re- re-performed.
2.7 In the event that after the CUSTOMER has extended the Acceptance Test Period pursuant to paragraph 2.6 of this Schedule the relevant Acceptance Procedures have not been recorded as successful by the end of that period, the CUSTOMER shall, without prejudice to its other rights and remedies, be entitled to:
2.7.1 extend the Acceptance Test Period for a further period (or periods) specified by the CUSTOMER during which the CONTRACTOR shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re-performed; or
2.7.2 reject the Ordered IT Product, terminate this Contract and receive a full refund of all sums paid under this Contract.
2.8 If the CUSTOMER fails to carry out the relevant Acceptance Tests within the Acceptance Test Period and such failure is wholly and solely due to the actions or inactivity of the CUSTOMER, the Acceptance Tests shall be deemed to have been completed successfully.
2.9 The Acceptance Procedures set out in paragraph 2 of this Schedule shall apply to each of the phases of testing set out in paragraph 3 of this Schedule (unless stated otherwise in paragraph 3).
2.10 The right to reject and terminate in paragraph 2.7.2 of this Schedule shall apply to each Ordered IT Product so that the CUSTOMER can reject and terminate parts of the Ordered IT Product rather than the entire Ordered IT Products if it so wishes. If the CUSTOMER only terminates the rejected part of the Ordered IT Product the refund referred to in paragraph 2.7.2 of this Schedule shall be in respect of Ordered IT Products so rejected.
2.11 The CONTRACTOR shall provide such assistance as the CUSTOMER requires in relation to the conducting of the Acceptance Tests.
2.12 During the implementation/rollout phase (as further described in paragraph 3 of this Schedule), the CUSTOMER reserves the right to re-test any service element which failed the Acceptance Tests conducted in the previous testing phase (as further described in paragraph 3 of this Schedule) even if such service element subsequently passed the Acceptance Test and was signed off by the CUSTOMER. In the event of such re-test, the CUSTOMER shall have all rights and remedies set out in the Contract.
Appears in 1 contract
Sources: Maintenance and Support Agreement
Acceptance Procedures. 2.1 2.1. The CONTRACTOR SERVICE PROVIDER shall, during the Acceptance Test Period, make available the Ordered IT Products Goods and Services to the CUSTOMER (including any products supplied by the CONTRACTOR SERVICE PROVIDER necessary to enable the provision of those Ordered IT ProductsGoods and Services) for the Acceptance Procedures to be performed.
2.2 2.2. The CUSTOMER will conduct Acceptance Tests on the Ordered IT Products Goods and Services to test whether they meet the requirement specified in the Order and meet the appropriate Service Levels.
2.3 2.3. The CUSTOMER will perform the Acceptance Procedures in respect of each Ordered IT Product (including of the Goods and Services(including any applicable delivery milestones stated within the Implementation Plan of this Contract).
2.4 2.4. The Acceptance Procedures shall be recorded as successful and the CONTRACTOR SERVICE PROVIDER notified accordingly where all the Acceptance Test Criteria are met.
2.5 2.5. The Acceptance Procedures shall be recorded as unsuccessful and the CONTRACTOR SERVICE PROVIDER notified accordingly where any of the Acceptance Test Criteria are not met.
2.6 2.6. In the event that the Acceptance Procedures in respect of each Ordered IT Product of the Goods and Services or any part thereof, have not been recorded as successful pursuant to paragraph 2.4 of this Schedule by the end of the relevant Acceptance Test Period, the CUSTOMER will extend the Acceptance Test Period by a period of ten (10) Working Days (or such other period as the parties may agree) during which the CONTRACTOR SERVICE PROVIDER shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re- re-performed.
2.7 2.7. In the event that after the CUSTOMER has extended the Acceptance Test Period pursuant to paragraph 2.6 of this Schedule the relevant Acceptance Procedures have not been recorded as successful by the end of that period, the CUSTOMER shall, without prejudice to its other rights and remedies, be entitled to:
2.7.1. extend the Acceptance Test Period for a further period (or periods) specified by the CUSTOMER during which the SERVICE PROVIDER shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re-performed; or
2.7.2. reject the Goods and Services, terminate this Contract and receive a full refund of all sums paid under this Contract.
2.8. If the CUSTOMER fails to carry out the relevant Acceptance Tests within the Acceptance Test Period and such failure is wholly and solely due to the actions or inactivity of the CUSTOMER, the Acceptance Tests shall be deemed to have been completed successfully.
2.9. The Acceptance Procedures set out in paragraph 2 of this Schedule shall apply to each of the phases of testing set out in paragraph 3 of this Schedule (unless stated otherwise in paragraph 3).
2.10. The right to reject and terminate in paragraph 2.7.2 of this Schedule shall apply to each of the Goods and Services so that the CUSTOMER can reject and terminate parts of the Goods and Services rather than them in their entirety if it so wishes. If the CUSTOMER only terminates the rejected part of the Goods and Services the refund referred to in paragraph 2.7.2 of this Schedule shall be in respect of that part of the Goods and Services so rejected.
2.11. The SERVICE PROVIDER shall provide such assistance as the CUSTOMER requires in relation to the conducting of the Acceptance Tests.
2.12. During the implementation/rollout phase (as further described in paragraph 3 of this Schedule), the CUSTOMER reserves the right to re-test any service element which failed the Acceptance Tests conducted in the previous testing phase (as further described in paragraph 3 of this Schedule) even if such service element subsequently passed the Acceptance Test and was signed off by the CUSTOMER. In the event of such re-test, the CUSTOMER shall have all rights and remedies set out in the Contract.
Appears in 1 contract
Sources: Framework Agreement
Acceptance Procedures. 2.1 The CONTRACTOR shall, during the Acceptance Test Period, make available the Ordered IT Products to the CUSTOMER (including any products supplied by the CONTRACTOR necessary to enable the provision of those Ordered IT Products) for the Acceptance Procedures to be performed.
2.2 . The CUSTOMER will conduct Acceptance Tests on the Ordered IT Products to test whether they meet the requirement specified in the Order and meet the appropriate Service Levels.
2.3 . The CUSTOMER will perform the Acceptance Procedures in respect of each Ordered IT Product (including any applicable delivery milestones stated within the Implementation Plan of this Contract).
2.4 . The Acceptance Procedures shall be recorded as successful and the CONTRACTOR notified accordingly where all the Acceptance Test Criteria are met.
2.5 . The Acceptance Procedures shall be recorded as unsuccessful and the CONTRACTOR notified accordingly where any of the Acceptance Test Criteria are not met.
2.6 . In the event that the Acceptance Procedures in respect of each Ordered IT Product or any part thereof, have not been recorded as successful pursuant to paragraph 2.4 42.6 of this Schedule by the end of the relevant Acceptance Test Period, the CUSTOMER will extend the Acceptance Test Period by a period of ten (10) Working Days (or such other period as the parties may agree) during which the CONTRACTOR shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re- re-performed.
2.7 . In the event that after the CUSTOMER has extended the Acceptance Test Period pursuant to paragraph 2.6 42.8 of this Schedule the relevant Acceptance Procedures have not been recorded as successful by the end of that period, the CUSTOMER shall, without prejudice to its other rights and remedies, be entitled to:: extend the Acceptance Test Period for a further period (or periods) specified by the CUSTOMER during which the CONTRACTOR shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re-performed; or reject the Ordered IT Product, terminate this Contract and receive a full refund of all sums paid under this Contract. If the CUSTOMER fails to carry out the relevant Acceptance Tests within the Acceptance Test Period and such failure is wholly and solely due to the actions or inactivity of the CUSTOMER, the Acceptance Tests shall be deemed to have been completed successfully. The Acceptance Procedures set out in paragraph 2 of this Schedule shall apply to each of the phases of testing set out in paragraph 3 of this Schedule (unless stated otherwise in paragraph 3). The right to reject and terminate in paragraph 2.7.2 of this Schedule shall apply to each Ordered IT Product so that the CUSTOMER can reject and terminate parts of the Ordered IT Product rather than the entire Ordered IT Products if it so wishes. If the CUSTOMER only terminates the rejected part of the Ordered IT Product the refund referred to in paragraph 2.7.2 of this Schedule shall be in respect of Ordered IT Products so rejected. The CONTRACTOR shall provide such assistance as the CUSTOMER requires in relation to the conducting of the Acceptance Tests. During the implementation/rollout phase (as further described in paragraph 3 of this Schedule), the CUSTOMER reserves the right to re-test any service element which failed the Acceptance Tests conducted in the previous testing phase (as further described in paragraph 3 of this Schedule) even if such service element subsequently passed the Acceptance Test and was signed off by the CUSTOMER. In the event of such re-test, the CUSTOMER shall have all rights and remedies set out in the Contract.
Appears in 1 contract
Sources: Commoditised It Hardware and Software Framework Agreement
Acceptance Procedures. 2.1 The CONTRACTOR SERVICE PROVIDER shall, during the Acceptance Test Period, make available the Ordered IT Products Goods to the CUSTOMER (including any products supplied by the CONTRACTOR necessary to enable the provision of those Ordered IT Products) for the Acceptance Procedures to be performed.
2.2 . The CUSTOMER will conduct Acceptance Tests on the Ordered IT Products Goods to test whether they meet the requirement specified in the Order and meet the appropriate Service Levels.
2.3 . The CUSTOMER will may perform the Acceptance Procedures in respect of each the Ordered IT Product (including any applicable delivery milestones stated within the Implementation Plan of this Contract).
2.4 Goods. The Acceptance Procedures shall be recorded as successful and the CONTRACTOR SERVICE PROVIDER notified accordingly where all the Acceptance Test Criteria are met.
2.5 . The Acceptance Procedures shall be recorded as unsuccessful and the CONTRACTOR SERVICE PROVIDER notified accordingly where any of the Acceptance Test Criteria are not met.
2.6 . In the event that the Acceptance Procedures in respect of each Ordered IT Product Goods or any part thereof, have not been recorded as successful pursuant to paragraph 2.4 of this Schedule 39.4 by the end of the relevant Acceptance Test Period, the CUSTOMER will extend the Acceptance Test Period by a period of ten (10) Working Days (or such other period as the parties may agree) during which the CONTRACTOR SERVICE PROVIDER shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re- re-performed.
2.7 . In the event that after the CUSTOMER has extended the Acceptance Test Period pursuant to paragraph 2.6 of this Schedule 39.6 the relevant Acceptance Procedures have not been recorded as successful by the end of that period, the CUSTOMER shall, without prejudice to its other rights and remedies, be entitled to:: extend the Acceptance Test Period for a further period (or periods) specified by the CUSTOMER during which the SERVICE PROVIDER shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re-performed; or reject the Ordered Goods and terminate this Contract and receive a full refund of all sums paid under this Contract in respect of the supply of the Ordered Goods. If the CUSTOMER fails to carry out the relevant Acceptance Tests within the Acceptance Test Period and such failure is wholly and solely due to the actions or inactivity of the CUSTOMER, the Acceptance Tests shall be deemed to have been completed successfully. As provided for in Clause 4.10 of the Network Specification and the response to invitation to Further Competition. schedule 2-6
Appears in 1 contract
Sources: Telecommunications
Acceptance Procedures. 2.1 The CONTRACTOR shall, during the Acceptance Test Period, make available the Ordered IT Products to the CUSTOMER (including any products supplied by the CONTRACTOR necessary to enable the provision of those Ordered IT Products) for the Acceptance Procedures to be performed.
2.2 . The CUSTOMER will conduct Acceptance Tests on the Ordered IT Products to test whether they meet the requirement specified in the Order and meet the appropriate Service Levels.
2.3 . The CUSTOMER will perform the Acceptance Procedures in respect of each Ordered IT Product (including any applicable delivery milestones stated within the Implementation Plan of this Contract).
2.4 . The Acceptance Procedures shall be recorded as successful and the CONTRACTOR notified accordingly where all the Acceptance Test Criteria are met.
2.5 . The Acceptance Procedures shall be recorded as unsuccessful and the CONTRACTOR notified accordingly where any of the Acceptance Test Criteria are not met.
2.6 . In the event that the Acceptance Procedures in respect of each Ordered IT Product or any part thereof, have not been recorded as successful pursuant to paragraph 2.4 5.6 of this Schedule by the end of the relevant Acceptance Test Period, the CUSTOMER will extend the Acceptance Test Period by a period of ten (10) Working Days (or such other period as the parties may agree) during which the CONTRACTOR shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re- re-performed.
2.7 . In the event that after the CUSTOMER has extended the Acceptance Test Period pursuant to paragraph 2.6 5.8 of this Schedule the relevant Acceptance Procedures have not been recorded as successful by the end of that period, the CUSTOMER shall, without prejudice to its other rights and remedies, be entitled to:: extend the Acceptance Test Period for a further period (or periods) specified by the CUSTOMER during which the CONTRACTOR shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re-performed; or reject the Ordered IT Product, terminate this Contract and receive a full refund of all sums paid under this Contract. If the CUSTOMER fails to carry out the relevant Acceptance Tests within the Acceptance Test Period and such failure is wholly and solely due to the actions or inactivity of the CUSTOMER, the Acceptance Tests shall be deemed to have been completed successfully. The Acceptance Procedures set out in paragraph 2 of this Schedule shall apply to each of the phases of testing set out in paragraph 3 of this Schedule (unless stated otherwise in paragraph 3). The right to reject and terminate in paragraph 2.7.2 of this Schedule shall apply to each Ordered IT Product so that the CUSTOMER can reject and terminate parts of the Ordered IT Product rather than the entire Ordered IT Products if it so wishes. If the CUSTOMER only terminates the rejected part of the Ordered IT Product the refund referred to in paragraph 2.7.2 of this Schedule shall be in respect of Ordered IT Products so rejected. The CONTRACTOR shall provide such assistance as the CUSTOMER requires in relation to the conducting of the Acceptance Tests. During the implementation/rollout phase (as further described in paragraph 3 of this Schedule), the CUSTOMER reserves the right to re-test any service element which failed the Acceptance Tests conducted in the previous testing phase (as further described in paragraph 3 of this Schedule) even if such service element subsequently passed the Acceptance Test and was signed off by the CUSTOMER. In the event of such re-test, the CUSTOMER shall have all rights and remedies set out in the Contract.
Appears in 1 contract
Sources: Commoditised It Hardware and Software Framework Agreement
Acceptance Procedures. 2.1 The CONTRACTOR SERVICE PROVIDER shall, during the Acceptance Test Period, make available the Ordered IT Products Goods and Services to the CUSTOMER (including any products supplied by the CONTRACTOR SERVICE PROVIDER necessary to enable the provision of those Ordered IT ProductsGoods and Services) for the Acceptance Procedures to be performed.
2.2 . The CUSTOMER will conduct Acceptance Tests on the Ordered IT Products Goods and Services to test whether they meet the requirement specified in the Order and meet the appropriate Service Levels.
2.3 . The CUSTOMER will perform the Acceptance Procedures in respect of each Ordered IT Product (including of the Goods and Services(including any applicable delivery milestones stated within the Implementation Plan of this Contract).
2.4 . The Acceptance Procedures shall be recorded as successful and the CONTRACTOR SERVICE PROVIDER notified accordingly where all the Acceptance Test Criteria are met.
2.5 . The Acceptance Procedures shall be recorded as unsuccessful and the CONTRACTOR SERVICE PROVIDER notified accordingly where any of the Acceptance Test Criteria are not met.
2.6 . In the event that the Acceptance Procedures in respect of each Ordered IT Product of the Goods and Services or any part thereof, have not been recorded as successful pursuant to paragraph 2.4 2.4. of this Schedule by the end of the relevant Acceptance Test Period, the CUSTOMER will extend the Acceptance Test Period by a period of ten (10) Working Days (or such other period as the parties may agree) during which the CONTRACTOR SERVICE PROVIDER shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re- re-performed.
2.7 . In the event that after the CUSTOMER has extended the Acceptance Test Period pursuant to paragraph 2.6 2.6. of this Schedule the relevant Acceptance Procedures have not been recorded as successful by the end of that period, the CUSTOMER shall, without prejudice to its other rights and remedies, be entitled to: extend the Acceptance Test Period for a further period (or periods) specified by the CUSTOMER during which the SERVICE PROVIDER shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re-performed; or reject the Goods and Services, terminate this Contract and receive a full refund of all sums paid under this Contract. If the CUSTOMER fails to carry out the relevant Acceptance Tests within the Acceptance Test Period and such failure is wholly and solely due to the actions or inactivity of the CUSTOMER, the Acceptance Tests shall be deemed to have been completed successfully. The Acceptance Procedures set out in paragraph 2 of this Schedule shall apply to each of the phases of testing set out in paragraph 3 of this Schedule (unless stated otherwise in paragraph 3). The right to reject and terminate in paragraph 2.7.2 of this Schedule shall apply to each of the Goods and Services so that the CUSTOMER can reject and terminate parts of the Goods and Services rather than them in their entirety if it so wishes. If the CUSTOMER only terminates the rejected part of the Goods and Services the refund referred to in paragraph 2.7.2 of this Schedule shall be in respect of that part of the Goods and Services so rejected. The SERVICE PROVIDER shall provide such assistance as the CUSTOMER requires in relation to the conducting of the Acceptance Tests. During the implementation/rollout phase (as further described in paragraph 3 of this Schedule), the CUSTOMER reserves the right to re-test any service element which failed the Acceptance Tests conducted in the previous testing phase (as further described in paragraph 3 of this Schedule) even if such service element subsequently passed the Acceptance Test and was signed off by the CUSTOMER. In the event of such re-test, the CUSTOMER shall have all rights and remedies set out in the Contract. ACCEPTANCE TEST CRITERIA [*** The Acceptance Test Criteria pertaining to each of the Goods and Services, as specified and agreed in the Order, should be inserted here. ***] [*** insert element to be tested ***] [*** insert conditions which must be satisfied ***] [*** insert criteria which this element will be tested against ***] [ ] For Scots Law, make the following changes:Delete Clause 9.1and insert: Subject to the provisions of Clause 9.2, this Contract shall be considered as a contract made in Scotland, the CUSTOMER and the SERVICE PROVIDER accept the exclusive jurisdiction of the Scottish Courts and agree that this Contract is to be governed by and construed according to Scots Law. For Northern Ireland Law, make the following changes: Delete Clause 9.1and insert: Subject to the provisions of Clause 9.2, this Contract shall be considered as a contract made in Northern Ireland, the CUSTOMER and the SERVICE PROVIDER accept the exclusive jurisdiction of the Northern Ireland Courts and agree that this Contract is to be governed by and construed according to Northern Ireland Law.
Appears in 1 contract
Sources: Framework Agreement
Acceptance Procedures. 2.1 The CONTRACTOR SERVICE PROVIDER shall, during the Acceptance Test Period, make available the Ordered IT Products Services to the CUSTOMER (including any products supplied by the CONTRACTOR necessary to enable the provision of those Ordered IT Products) for the Acceptance Procedures to be performed.
2.2 . The CUSTOMER will conduct Acceptance Tests on the Ordered IT Products Services to test whether they meet the requirement specified in the Order and meet the appropriate Service Levels.
2.3 . The CUSTOMER will perform the Acceptance Procedures in respect of each element of the Ordered IT Product (including any applicable delivery milestones stated within the Implementation Plan of this Contract).
2.4 Services. The Acceptance Procedures shall be recorded as successful and the CONTRACTOR SERVICE PROVIDER notified accordingly where all the Acceptance Test Criteria are met.
2.5 . The Acceptance Procedures shall be recorded as unsuccessful and the CONTRACTOR SERVICE PROVIDER notified accordingly where any of the Acceptance Test Criteria are not met.
2.6 . In the event that the Acceptance Procedures in respect of each Ordered IT Product Services or any part thereof, have not been recorded as successful pursuant to paragraph 2.4 of this Schedule by the end of the relevant Acceptance Test Period, the CUSTOMER will extend the Acceptance Test Period by a period of ten (10) Working Days (or such other period as the parties may agree) during which the CONTRACTOR SERVICE PROVIDER shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re- re-performed.
2.7 . In the event that after the CUSTOMER has extended the Acceptance Test Period pursuant to paragraph 2.6 of this Schedule the relevant Acceptance Procedures have not been recorded as successful by the end of that period, the CUSTOMER shall, without prejudice to its other rights and remedies, be entitled to:: extend the Acceptance Test Period for a further period (or periods) specified by the CUSTOMER during which the SERVICE PROVIDER shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re-performed; or accept such part of the Ordered Services recorded as successful under the Acceptance Procedures and, in respect of such part of any of the Ordered Services that have not been successful, extend the Acceptance Procedures Period for a further period (or periods) specified by the CUSTOMER during which the SERVICE PROVIDER shall correct the faults which caused the Acceptance Procedures to be recorded as unsuccessful and the Acceptance Procedures shall be re-performed; or reject the Ordered Services, terminate this Contract and receive a full refund of all sums paid under this Contract in respect of Service provision after the commencement of the Acceptance Procedures. In the event that the CUSTOMER exercises its rights in accordance with Paragraph 2.7.2 the SERVICE PROVIDER shall agree Charges with the CUSTOMER for the provision of the accepted Ordered Services in accordance with the provisions of Schedule 02-07. If the CUSTOMER fails to carry out the relevant Acceptance Tests within the Acceptance Test Period and such failure is wholly and solely due to the actions or inactivity of the CUSTOMER, the Acceptance Tests shall be deemed to have been completed successfully. [*** The Acceptance Test Criteria pertaining to each Ordered Service, as specified in the Catalogue, should be inserted here. ***] schedule 2-6 CONTRACT AND SERVICE MANAGEMENT
Appears in 1 contract
Sources: Telecommunications