Delivery and Acceptance Testing Clause Samples
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Delivery and Acceptance Testing. After delivery of each DELIVERABLE. by ASA to PALMSOURCE hereunder, PALMSOURCE will have forty-five (45) calendar days (the “ACCEPTANCE PERIOD”) to determine whether such DELIVERABLE conforms with the specifications agreed to by the parties in the SOW (the “SPECIFICATIONS”). Within such ACCEPTANCE PERIOD, PALMSOURCE will provide ASA with written acceptance or a written statement detailing the non-conforming aspects of the DELIVERABLE (the “STATEMENT OF ERRORS”). PALMSOURCE shall provide a written acceptance in the ACCEPTANCE PERIOD if the DELIVERABLE conforms with the SPECIFICATIONS for such DELIVERABLE, and may not include in the STATEMENT OF ERRORS any requests for changes beyond those needed to bring the DELIVERABLE into conformance with such SPECIFICATIONS. If PALMSOURCE does not provide ASA with a written acceptance or STATEMENT OF ERRORS prior to the expiration of the ACCEPTANCE PERIOD, the DELIVERABLE will be deemed accepted by PALMSOURCE.
Delivery and Acceptance Testing. Keurig is responsible for the delivery and installation of Packaging Lines owned or produced by Keurig at ▇▇▇▇▇▇▇▇. As soon as practical after Keurig’s installation of a Packaging Line, Keurig will notify ▇▇▇▇▇▇▇▇ that the Packaging Line is ready for K-Cup production by ▇▇▇▇▇▇▇▇ staff. Within 10 business days of Keurig’s notice, ▇▇▇▇▇▇▇▇ shall commence a 5-day test period (consisting of two (2) eight-hour shifts per day) in order to evaluate K-Cup manufacturing rate and yield. When the Packaging Line shall have performed for a 5-day period (consisting of two (2) eight-hour shifts per day) with a speed no less than 100 K-Cups per minute of run time and total rejects less than 5% of Pursuant to 17 CFR 240.24b-2, confidential information has been omitted in places marked “[* * *]” and has been filed separately with the Securities and Exchange Commission pursuant to a Confidential Treatment Application filed with the Commission. the test production run, as reflected in production run forms substantially in the form as provided in Schedule 3.1.3, the Packaging Line shall be deemed accepted by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ shall confirm such acceptance in writing to Keurig without unreasonable delay. Prior to acceptance of the Packaging Line by ▇▇▇▇▇▇▇▇, and during any repair period under Section 3.1.6 or Section 3.2.4, Keurig shall be responsible for all direct ▇▇▇▇▇▇▇▇ labor and raw materials costs and expenses, including the cost of utilities and nitrogen. Labor and component materials (cups, lids, filters, coffee, cartons and boxes) used in the testing of any Packaging Line will be charged to Keurig at ▇▇▇▇▇▇▇▇’▇ actual cost. Usable materials will be returned to ▇▇▇▇▇▇▇▇, and ▇▇▇▇▇▇▇▇ will credit Keurig for returned materials at the amount of returned materials times unit cost charged. Finished ▇▇▇▇▇▇▇▇ K-Cups will be credited to Keurig at “transferred quantity” from the applicable “PL Production Report” times the sum of the component materials’ standard cost, labor and overhead rates (the total cost credited to Keurig should equal the then-current standard cost reflected in ▇▇▇▇▇▇▇▇’▇ inventory valuation for ▇▇▇▇▇▇▇▇ K-Cups). Keurig will pay to ▇▇▇▇▇▇▇▇ within thirty (30) days of invoice therefore all costs provided under this Section 3.1.4, and ▇▇▇▇▇▇▇▇ shall apply appropriate credits to Keurig within thirty (30) days of acceptance or completion of warranty repair, as applicable. The Parties agree that the two Packaging Lines currently installed at ▇▇▇▇▇▇▇▇ (Castrovi...
Delivery and Acceptance Testing