Common use of Acceptance Test Procedures Clause in Contracts

Acceptance Test Procedures. For the Acceptance Test Procedure the Parties draw up an acceptance- and handover protocol (see Appendix 6), confirming that delivery has taken place, stating alleged defects and deficiencies in the equipment and any other matters identified by the Cus- tomer. Significant deficiencies exist in particular if the following conditions are not met: • The full delivery shall be properly delivered, set-up and installed. • Approved receiving control shall be completed in accordance with applicable law. • Mechanical and electrical safety control according to applicable law shall be com- pleted. • Functional test of and with interfaces to other installations and systems, network and remote access must be implemented with fully satisfactory results. • Testing of the delivery in respect of the Customer's requirements and specifica- tions as set out in Appendix 1 and the Supplier's tender response must be com- pleted and duly documented with fully satisfactory results. • The full documentation of the delivery, including quality assurance of installation, documentation of tests etc. must be handed over to the Supplier by succesfull acceptance Test. • The Customer's users shall have received the necessary basic instructions of the proper use and the safe operation of the Equipment. • At least one team of the Customer's users shall have completed application train- ing. • Approved clinical testing must be completed. • The Customer's technicians shall have received basic instruction in daily operation and maintenance of the Equipment (may be waived by agreement) If during the Acceptance Test Procedure defects and deficiencies are determined, the Supplier is obliged to remedy such defects or deficiencies without undue delay. In the case of significant defects or deficiencies the Customer shall furthermore be entitled to reject acceptance and postpone the acceptance procedures until the Supplier has rem- edied these defects or deficiencies. Defects or deficiencies that do not themselves represent a substantial deficiency, can by virtue of their number and overall character, constitute a significant deficiency. If during the Acceptance Test Procedure there is evidence of significant defects and deficiencies, and acceptance is rejected and postponed, there will be a new Ac- ceptance Test Procedure when the Supplier has given the Customer a written notifica- tion that the defects and deficiencies have been remedied. The Customer shall invite the Supplier to a new Acceptance Test Procedure which must be held within 15 days after the Customer's receipt of the Supplier's notification of completion of the remedies. The Customer shall further deliver to the Supplier as soon as reasonable possible and not more than 10 days following the completion of the Acceptance Test Procedures a written Acceptance Test Approval confirming that the Equipment has been accepted as conforming with the requirements and specifications under the Contract. Should the Supplier's personnel not be able to complete work under the Acceptance Test Procedures within the allocated time because it has been delayed or prevented from conducting its work by an impediment which is the Customer's responsibility (e.g. unavailability of any system under the Customer's responsibility which would be necessary to perform a test) then these tests shall be carried out again at time when such impediment is removed. Such interruptions not caused by the Equipment shall not be included as interruptions for the purpose of the Acceptance Test Procedures.

Acceptance Test Procedures. 2.1. The SERVICE PROVIDER shall, during the Acceptance Test Period, make available the Ordered Software Application Solutions to the CUSTOMER (including any products supplied by the SERVICE PROVIDER necessary to enable the provision of those Ordered Software Application Solutions) for the Acceptance Procedures to be performed. 2.2. The CUSTOMER will conduct Acceptance Tests on the Ordered Software Application Solution to test whether they meet the Acceptance Test Criteria, in the relevant Sprint, or User Story. 2.3. In respect of a Sprint or User Story, the Acceptance Procedures shall be recorded as successful and the SERVICE PROVIDER notified accordingly where the Acceptance Test Criteria are met. In respect of a Major Release the Acceptance Procedures shall be recorded as successful and the SERVICE PROVIDER notified accordingly where the Acceptance Test Criteria are met. For each Major Release the Production Quality Criteria must be met by the end of the relevant Warranty Period. 2.4. The Acceptance Procedures shall be recorded as unsuccessful and the SERVICE PROVIDER notified accordingly where any of the Acceptance Test Criteria are not met. 2.5. In the event that the Acceptance Procedure in respect of each Sprint or User Story has not been recorded as successful the rejected User Story shall become a Remedial Story and dealt with in accordance with paragraph 8 of Schedule 2-3. 2.6. In the event that the Acceptance Procedure in respect of each Major Release has not been recorded as successful by the end of the relevant Acceptance Test Period the CUSTOMER shall extend the relevant Acceptance Test Period by a period of 10 Working Days (or such other period as the parties may agree) during which time 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. 2.7. In the event that after the CUSTOMER has extended the Acceptance Test Procedure pursuant to paragraph 2.6 of this Schedule 2-5, the Parties draw up an acceptance- and handover protocol (see Appendix 6), confirming that delivery has taken place, stating alleged defects and deficiencies in the equipment and any other matters identified relevant Acceptance Procedures have not been recorded as successful by the Cus- tomerend of that period, the CUSTOMER shall, without prejudice to its other rights and remedies, be entitled to:- 2.7.1. Significant deficiencies exist in particular if extend the following conditions are not met: • The full delivery Acceptance Text 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 Procedure shall be properly delivered, setre-up and installedperformed 2.8. • Approved receiving control shall be completed in accordance with applicable law. • Mechanical and electrical safety control according If the CUSTOMER fails to applicable law shall be com- pleted. • Functional test of and with interfaces to other installations and systems, network and remote access must be implemented with fully satisfactory results. • Testing of carry out the delivery in respect of the Customer's requirements and specifica- tions as set out in Appendix 1 and the Supplier's tender response must be com- pleted and duly documented with fully satisfactory results. • The full documentation of the delivery, including quality assurance of installation, documentation of tests etc. must be handed over to the Supplier by succesfull acceptance Test. • The Customer's users shall have received the necessary basic instructions of the proper use and the safe operation of the Equipment. • At least one team of the Customer's users shall have completed application train- ing. • Approved clinical testing must be completed. • The Customer's technicians shall have received basic instruction in daily operation and maintenance of the Equipment (may be waived by agreement) If during relevant Acceptance Tests within the Acceptance Test Procedure defects Period and deficiencies are determinedsuch failure is wholly and solely due to the actions or inactivity of the CUSTOMER, the Supplier is obliged Acceptance Tests shall be deemed to remedy such defects or deficiencies without undue delay. In the case of significant defects or deficiencies the Customer shall furthermore be entitled to reject acceptance and postpone the acceptance procedures until the Supplier has rem- edied these defects or deficiencies. Defects or deficiencies that do not themselves represent a substantial deficiency, can by virtue of their number and overall character, constitute a significant deficiency. If during the Acceptance Test Procedure there is evidence of significant defects and deficiencies, and acceptance is rejected and postponed, there will be a new Ac- ceptance Test Procedure when the Supplier has given the Customer a written notifica- tion that the defects and deficiencies have been remediedcompleted successfully. 2.9. The Customer SERVICE PROVIDER shall invite provide reasonable assistance as the Supplier to a new Acceptance Test Procedure which must be held within 15 days after the Customer's receipt of the Supplier's notification of completion of the remedies. The Customer shall further deliver CUSTOMER requires in relation to the Supplier as soon as reasonable possible and not more than 10 days following the completion conducting of the Acceptance Test Procedures a written Acceptance Test Approval confirming that the Equipment has been accepted as conforming with the requirements and specifications under the Contract. Should the Supplier's personnel not be able to complete work under the Acceptance Test Procedures within the allocated time because it has been delayed or prevented from conducting its work by an impediment which is the Customer's responsibility (e.g. unavailability of any system under the Customer's responsibility which would be necessary to perform a test) then these tests shall be carried out again at time when such impediment is removed. Such interruptions not caused by the Equipment shall not be included as interruptions for the purpose of the Acceptance Test ProceduresTests.