Common use of Installation and Testing Clause in Contracts

Installation and Testing. Where the supply of goods and/or services so requires and/or is specifically indicated in the Purchase Order or is understood from written agreements between the Parties, the Supplier guarantees the installation and testing of the same. These installation and testing services must be provided in strict compliance with all the occupational health and safety provisions, with the adoption and implementation of all the necessary protective and preventative measures, including with regard to handling, where provided for. In the case of goods to be tested or inspected to verify their proper operation, the Company will check the operating conditions/proper functioning of the goods following their assembly/installation within an appropriate period of time of accepting the same. These tests will be performed in the presence of a person designated by the Supplier. In the event of the absence of a person designated by the Supplier, the test report/certificate of proper operation shall nonetheless be deemed valid by the same. The person tasked with checking the proper functioning of the goods or the tester/inspector may accept or reject the goods supplied based on the tests performed and the results thereof. In the event of rejection, a new deadline will be established for testing/verifying the proper functioning of the goods. Goods supplied that are defective, non-compliant or that do not conform to the technical specifications, the generally accepted professional standards or the samples provided when sending the Offer/Purchase Order may be rejected. In such cases, the Supplier shall be required to rectify, at its own expense, any defects and to bring the goods into line with the stipulated requirements, within the time limits agreed with the Company. The goods then supplied will be subject to further testing/inspection. The goods rejected following a negative test result or a report by the Company of any defect, quality or operational issue will be made available to the Supplier for collection for a maximum period of 10 days as of receiving the report or notification of rejection. Upon expiry of this period, the Company shall be entitled to store the defective or non-conforming goods, including in a location other than that to which they were delivered, at the expense and risk of the Supplier. With the issue of a positive test report/certificate of proper operation, the goods are deemed accepted. The transfer of ownership will occur on the date of the test report/certificate of proper operation of the goods supplied. Pursuant to and for the purposes of art. 1341 and 1342 of the Italian Civil Code, the Supplier also declares that it specifically approves the clauses contained in the above mentioned Conditions set forth in the following points: (Technical Specifications and Compliance with Procedures), (Packaging, Transportation and Transfer of Ownership (where applicable)), (Delivery of Goods and Performance of Services), (Payment Terms), ( Right of audit),(Force Majeure), (Guarantees and Responsibilities), (Indemnity), (Withdrawal, Suspension and Termination, Express Termination Clause), (Applicable Law and place of jurisdiction) and (Code of Conduct, Suppliers’ Code of Conduct).