Acceptance Tests Clause Samples
The Acceptance Tests clause defines the procedures and criteria by which a delivered product or service is evaluated to determine if it meets the agreed-upon specifications. Typically, this clause outlines the specific tests to be conducted, the timeline for testing, and the responsibilities of both parties during the acceptance process. For example, it may require the client to review and approve the product within a set period after delivery, or specify what constitutes a pass or fail. Its core practical function is to ensure that both parties have a clear, objective process for verifying that contractual requirements have been met before final acceptance, thereby reducing disputes and clarifying expectations.
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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. Acceptance tests provided for in the Contract shall, unless otherwise agreed, be carried out at the place of manufacture during normal working hours. If the Contract does not specify the technical requirements, the tests shall be carried out in accordance with general practice in the appropriate branch of industry concerned in the country of manufacture.
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. 20.1 The Contractor shall give the Council no less than 30 days' notice of the date on which the Contractor considers that each New Facility will be completed.
20.2 An Acceptance Test shall be conducted by the Contractor in relation to each New Facility in accordance with the procedures for it developed, prepared and approved in accordance with the provisions of Part I of Schedule 6 and the provisions of the Construction and Installation Timetable.
20.3 If a New Facility fails to pass an Acceptance Test, it shall be repeated as soon as reasonably practicable.
20.4 Where the Contractor considers that a New Facility has passed the Acceptance Test, the Contractor shall issue an acceptance certificate prepared by the Contractor in the form set out in Part II of Schedule 6 and the Council shall, if satisfied that the New Facility has so passed the Acceptance Test, countersign it, or if not so satisfied shall state why it is not prepared to do so. Upon such counter-signature the acceptance certificate shall become an Acceptance Certificate and be deemed issued. If in the event of a dispute the Expert subsequently determines that the New Facility had passed the Acceptance Test and that the Acceptance Certificate had therefor been correctly issued, it shall be deemed to have been countersigned on the date it was issued (and the Contractor shall accordingly incur no liability for the delay between the date of issue and the date upon which the Expert so determined).
20.5 Where a countersignature of an acceptance certificate is refused, the acceptance certificate shall, subject to Clause 20.4, be deemed not to have been issued and the Contractor shall be entitled to re-apply for the countersignature concerned once the work required in order for the Acceptance Test to be passed has been carried out.
20.6 The Contractor agrees with the Council that any countersignature of an Acceptance Certificate by or on behalf of the Council shall be for the sole purpose of establishing purported compliance with the relevant Target Facility Completion Date, and that it does not in any way indicate or imply acceptance by the Council that a New Facility complies with the Design and Construction Specification, or is complete, nor (except for the purpose mentioned above) does it otherwise indicate or imply acceptance or approval by the Council of the New Facility, nor does it relieve the Contractor of any of its obligations under this Agreement.
20.7 Any dispute arising under this Claus...
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. Contractor will be responsible for coordinating the Acceptance Tests of the Facility as more particularly set forth in Section 11.2 and Schedule III of this Agreement (the “Acceptance Tests”). Such Acceptance Tests shall be conducted by L▇▇▇▇▇▇ (the “Testing Engineer”).
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. 8.1. The Customer will perform the Tests within the Test Period. The Supplier will be given reasonable notice of, and be entitled to attend, the Tests.
8.2. If the Website being tested performs in accordance with the agreed Specification and meets any other agreed testing criteria for the Tests, it will be deemed to have passed the Tests. If the Website fails to pass the Tests, the Customer will co-operate with the Supplier to identify in what respects the Website failed to conform to the Specification or otherwise failed to pass the Tests.
8.3. The Website will not be deemed to have failed the Tests by reason of any failure to provide any facility or function not specified in the Specification or other agreed tests standards.
8.4. If the Supplier is unable to remedy any failure of the Website to materially conform to the Specification, within a further test period reasonably agreed by the parties (“Extended Test Period”):
8.4.1. the Customer will be entitled on 20 (twenty) Business Days’ written notice to the Supplier to reject the Website without further liability to the Supplier, provided that the Supplier will be entitled to make further attempts to remedy the Website to ensure it materially complies with the Specification and, if achieved within the 20 (twenty) Business Days’ notice period, the Customer’s rejection of the Website is immediately revoked; and
8.4.2. the Supplier will repay to the Customer the proportion of the Price relating to the Website that the Customer has paid to the Supplier, provided that in the case of a Minor Non-Conformity, the Customer will not unreasonably delay its Acceptance of the Website so long as the Supplier endeavours to rectify such Minor Non-Conformity as soon as possible.
8.5. A written statement of Acceptance will be promptly issued by the Customer to the Supplier when the relevant Website has passed the Tests.
8.6. Except where the Customer has rejected the Website, the Customer’s Acceptance will occur at the earliest of:
8.6.1. the Customer providing written Acceptance of the Website to the Supplier;
8.6.2. the Website passing the Tests;
8.6.3. the Website being used in a live environment or in commercial use; and
8.6.4. the expiration of the Test Period and the Extended Test Period (if any) where the Customer has failed to complete the 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. 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 acceptance certificate 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.
