Installation and Implementation Services definition
Examples of Installation and Implementation Services in a sentence
Subject to the terms and conditions of this Agreement, the Customer may order, and Berkshire Grey agrees to provide, the Installation and Implementation Services as the same is agreed upon in a separately executed SOW.
The Parties will then negotiate in good faith a reasonable and equitable adjustment in each or any of the applicable fees, Installation and Implementation Services and the SOW.
If the Equipment and/or Installation and Implementation Services do not meet the requirements set forth in the SOW or the limited warranty described in Section 9.2, then, no later than [***] following expiration of the Acceptance Period, Customer will provide reasonably detailed written notice of any deficiencies to Berkshire Grey (a “Rejection Notice”).
At the milestone targets described in the SOW, Customer will have [***] (the “Acceptance Period”) to review and test the Equipment and/or Installation and Implementation Services to determine whether the Equipment and/or Installation and Implementation Service meet the requirements set forth in the SOW and, if applicable, the limited warranty described in Section 9.2 (“Field Acceptance Test” or “FAT”).
Customer may request changes that affect the scope or duration of the Installation and Implementation Services relating to any SOW (including temporarily suspending performance under the applicable SOW) by submitting a Change Request form as set forth in Attachment A of the SOW.
In the event that Customer delivers a Rejection Notice by the required date, Berkshire Grey will use commercially reasonable efforts to cure the applicable deficiency within [***] of receipt of the Rejection Notice and present the Equipment and/or Installation and Implementation Services to Customer for additional testing.
If Customer either provides written notice of its acceptance of the applicable Equipment and/or Installation and Implementation Services or does not provide a Rejection Notice by the required date, the applicable Equipment and/or Installation and Implementation Services will be deemed accepted (“Acceptance” or “Accepted”).
Customer shall retest such Equipment and/or Installation and Implementation Services in accordance with the above-described process in this Section 3.1. The Parties agree and acknowledge that Berkshire Grey’s ability to successfully complete the installation of the Equipment and complete the performance of the Installation and Implementation Services may be affected by the Customer’s cooperation and the performance of the Customer’s responsibilities and obligations as specified in a SOW.
Except for delays caused by SoftBank or a related entity or agent, Berkshire Grey shall deliver the Equipment and perform Installation and Implementation Services by the deadline set forth in applicable SOW.