Acceptance Tests. 11.1 If the Contract provides acceptance tests for Goods and/or the result of Services after their completion and/or delivery to the Purchaser, the acceptance shall only be considered as definitive when such tests have demonstrated the compliance of the Goods and/or the result of the Services to the requirements in the Contract.
11.2 Where the Contract provides for an acceptance procedure in the presence of both parties, at the successful completion of such procedure, the Purchaser shall issue the Supplier with an acceptance certificate which shall authorise the Supplier to invoice the Purchaser for any payment due on such acceptance.
11.3 The Purchaser shall at its discretion be entitled to issue and acceptancecertificate with reserves. The Supplier shall be obliged to remedy any non-conformities within the period set out in the acceptance certificate. Any payment which would otherwise have been due on acceptance may be withheld by the Purchaser in whole or part until the non- conformities underlying the reserves have been remedied.
Acceptance Tests. 3.1 If any acceptance tests are specified in the Schedule (the Acceptance Tests) then the Contractor shall perform such tests before delivery of the Services to the DCC. The Contractor shall give the DCC not less than five (5) Business Days’ notice of such Acceptance Tests and the DCC may attend the Acceptance Tests as an observer. The Contractor shall provide the DCC with the results of the Acceptance Tests within five (5) Business Days of the same (or such other time period as agreed by the Parties).
3.2 To the extent that the Services (or any part thereof) fail their Acceptance Tests then the Contractor shall perform a root cause analysis of such failure and notify the DCC of any modifications required, the time required to perform such modification and the date for further Acceptance Tests. Such analysis shall be provided to the DCC within five (5) Business Days of the results.
3.3 The DCC shall notify the Contractor within five (5) Business Days of the receipt of the analysis whether:
3.3.1 It requires the Contractor to perform the modification and re-test the Services (or part thereof); or
3.3.2 It rejects the Services (or part thereof).
3.4 For the avoidance of doubt, where a part of the Services fails the Acceptance Tests then the DCC may reject the Services in their entirety.
3.5 Where the DCC requires the Contractor re-perform the Acceptance Tests then this shall be at the Contractor’s cost. If the Services fail the re-performed Services then the DCC may reject the Services (in whole or in part) forthwith and terminate (wholly or partially) this Agreement. The DCC may, at its absolute discretion, permit the Contractor to repeat analysis and retesting of the Services against the Acceptance Tests.
3.6 Where Services (or relevant parts thereof) are permanently rejected in accordance with Clauses
Acceptance Tests. For each Stage, Spark will be entitled to conduct such inspections and tests as Spark reasonably considers necessary to satisfy itself that the Deliverables are suitable to be accepted and put into live operation for Spark or its customers (Acceptance Tests). Spark will ensure that the Acceptance Tests are objective, verifiable and compliant with any testing or acceptance requirements set out in the relevant Letter Agreement or PO. Without limiting the foregoing, the Acceptance Tests may include any tests commonly conducted as a matter of Good Industry Practice for deliveries of comparable complexity, scale and risk.
Acceptance Tests. 7.1 Following the delivery of the Software (excluding New Releases), Oneserve shall provide you with such assistance with the implementation of the Software as may reasonably be required.
7.2 You shall be responsible for the delivery of the proposed user acceptance criteria to test data for acceptance testing of the Software (excluding New Releases) (“Acceptance Tests”).
7.3 You shall carry out the agreed Acceptance Tests for the Software within any timescales agreed for testing following the analysis stage (“Timescales”) and allow Oneserve to observe all or any part of the testing (“Acceptance Testing”).
7.4 If the Software fails to pass the Acceptance Tests, you shall, within the Timescales, provide a written notice to Oneserve to this effect, giving details of such failure(s). Oneserve shall remedy the defects and/or deficiencies and the relevant test(s) shall be repeated within a reasonable time.
7.5 If the Software fails in some material respect to pass any repeated Acceptance Tests within any relevant Timescales, then you may, by written notice to Oneserve, choose at your sole discretion:
7.5.1. to fix (without prejudice to your other rights and remedies) a new date for carrying out further tests on the Software on the same terms and conditions. If the Software fails such further tests then you may request a repeat test under this clause 7.5.1;
7.5.2. to permit installation of the Software subject to such change of acceptance criteria, amendment of the Specification Document and/or reduction in the Licence Fees as, after taking into account all the relevant circumstances, is reasonable; or
7.5.3. if Oneserve is unable to correct material defects within the relevant Timescales from the commencement of Acceptance Testing, to reject the Software as not being in conformity with the Agreement, in which event you may terminate the Agreement, subject to paying all reasonable costs.
7.6 Acceptance of the Software shall be deemed to have occurred on whichever is the earliest of:
7.6.1. the written approval by you confirming the acceptance for the Software to pass the Acceptance Tests;
7.6.2. the expiry of five days after the completion of all the Acceptance Tests, unless you have given any written notice under clause 7.5;
7.6.3. the expiry of twenty days after the installation of the Software if the Acceptance Tests have not started, or have not been pursued with due diligence; or
7.6.4. the use by you of Software in a live production environment.
7.7 Oneserv...
Acceptance Tests. 12.1 Should the Agreement require separate acceptance tests, the tests shall be carried out in accordance with the Agreement. If the Agreement does not specify the requirements, the tests shall be carried out in accordance with general practice in the lifting equipment industry in the country of manufacture.
12.2 The Seller shall notify the Buyer of the tests on sufficient time to permit the Buyer to be represented. If the Buyer is not represented, the test report shall be sent to the Buyer and shall be deemed accepted as accurate.
12.3 If the tests show the Equipment not to be in accordance with the Agreement, the Seller shall without delay remedy to any defect in order to ensure that the Equipment complies with the Agreement. New tests shall then be carried out at Buyer's request, unless the defect was insignificant.
12.4 Any costs relevant to tests carried out at the manufacturing site shall be borne by the Seller. The Buyer shall bear entirely its own costs, including, but not limited to, travelling and living expenses incurred by the Buyer's representatives in connection with such tests.
Acceptance Tests the acceptance tests (if any) for each Phase of the Project set out in the Statement of Work to demonstrate that the Software meets the Specification. Affiliate: of a Party means any Person which, during the Term, is a subsidiary or sister company, or representative of that Party in which the relevant party, directly or indirectly, owns more than 50% of the shares or is under common control Agreement: means each Statement of Work or Order Form together with this Professional Services Agreement and any schedules, appendices and documents referenced in this Agreement.
Acceptance Tests. 7.1 No later than 30 days from the Commencement Date, the Customer shall deliver any proposed user acceptance criteria to Tmware and any test data for the Acceptance Tests of the System. The criterion and data shall be such as are reasonably required to show that the System complies with the Customer’s technical requirements as set out in the Customer Specification. If required Tmware shall provide the Customer with reasonable assistance to prepare such user acceptance criteria and test data at the Customer's request and at Tmware’s standard rates then in force.
7.2 Tmware shall carry out the agreed Acceptance Tests for the System in accordance with any agreed schedule set out in the Customer Specification which shall include as part of the process any Acceptance Tests to be carried out by the Customer. The Acceptance Tests shall be started as soon as reasonably possible after activation of the System at the Site and shall be run continuously during Normal Working Hours. Tmware shall give the Customer at least 24 hours' notice of the start of the Acceptance Tests, and permit the Customer to observe all or any part of the testing as is reasonable possible on a remote basis.
7.3 The Customer will notify Tmware when it intends to test the System so that support can be planned during this time.
7.4 If any part of the System fails to pass the Acceptance Tests, the Customer shall, within 2 days from the completion of the Acceptance Tests or any part of these tests, provide a written notice to this effect, giving details of such failure(s). Tmware shall remedy the Issues and/or deficiencies and the relevant test(s) shall be repeated within a reasonable time.
7.5 If any part of the System fails in some material respect to pass any repeated Acceptance Tests within four weeks from the date of its second submission to the Acceptance Tests, then the Customer may, by written notice to Tmware, choose at its sole discretion:
7.5.1 to fix (without prejudice to the Customer's other rights and remedies) a new date for carrying out further tests on the System on the same terms and conditions. If the System fails such further tests then the Customer may request a repeat test under this clause 7.5.1;
7.5.2 to permit installation of the System subject to such change of acceptance criteria, amendment of the Customer Specification and/or reduction in the Price as, after taking into account all the relevant circumstances, is reasonable; or
7.5.3 if Tmware is unable to correct mate...
Acceptance Tests. Acceptance test procedures for final manufacturing testing are as set forth in Exhibit E of this contract.
Acceptance Tests. The Seller shall be required to undertake Acceptance Tests as detailed on the Purchase Order and/or in any Attachment.
Acceptance Tests. 45.1 This Clause applies when the Goods which are the subject matter of the Contract require formal acceptance testing.
45.1.1 In this Clause, "Acceptance Tests" means:
