Common use of Acceptance Clause in Contracts

Acceptance. 9.1 If the Works are subject to acceptance, the Customer shall accept the Works upon their completion including successful performance of acceptance tests if such tests have been agreed on. In case of partial delivery, the Customer shall accept functional parts of the Works separately upon their completion. 9.2 If Siemens notifies the Customer that the Works or a part of the Works are ready for acceptance, the Customer shall declare the acceptance of the Works or relevant part in writing within two weeks of the notified date. Upon expiry of the two week period the Works or relevant part of the Works shall be deemed accepted, unless the Customer has stated and substantiated in writing legitimate grounds on which it refuses acceptance. The acceptance shall be effective as of the date of Siemens’ notification. 9.3 In any case, the Works or parts of the Works shall be deemed accepted as soon as they are put into commercial operation or if the acceptance tests have not been carried out within 1 week after their scheduled dates due to reasons not attributable to Siemens. 9.4 The Customer shall be entitled to refuse acceptance only in case of Defects (as defined in Clause 10.1 below) in the Works which significantly affect the use of the Works. Those items shall be listed in the acceptance record and shall be remedied by Siemens within a reasonable period of time or as agreed between the parties. 9.5 In the event performance tests, functional tests, and/or trial runs are to be carried out by Siemens after the Works have been accepted pursuant to the previous paragraphs, acceptance shall not be affected by any failure to pass said tests. 9.6 All costs and expenses of the Customer and any third parties (other than those of Siemens’ own personnel or contractors) incurred in connection with inspections, tests, approvals, acceptance procedures etc. shall be borne by the Customer.

Acceptance. 9.1 If the Works are subject to acceptance, the Customer shall accept the Works upon their completion including successful performance of acceptance tests if such tests have been agreed on. In case of partial delivery, the Customer shall accept functional parts of the Works separately upon their completion. 9.2 If Siemens Tecosa notifies the Customer that the Works or a part of the Works are ready for acceptance, the Customer shall declare the acceptance of the Works or relevant part in writing within two weeks of the notified date. Upon expiry of the two week period the Works or relevant part of the Works shall be deemed accepted, unless the Customer has stated and substantiated in writing legitimate grounds on which it refuses acceptance. The acceptance shall be effective as of the date of SiemensTecosa’ notification. 9.3 In any case, the Works or parts of the Works shall be deemed accepted as soon as they are put into commercial operation or if the acceptance tests have not been carried out within 1 week after their scheduled dates due to reasons not attributable to SiemensTecosa. 9.4 The Customer shall be entitled to refuse acceptance only in case of Defects (as defined in Clause 10.1 below) in the Works which significantly affect the use of the Works. Those items shall be listed in the acceptance record and shall be remedied by Siemens Tecosa within a reasonable period of time or as agreed between the parties. 9.5 In the event performance tests, functional tests, and/or trial runs are to be carried out by Siemens Tecosa after the Works have been accepted pursuant to the previous paragraphs, acceptance shall not be affected by any failure to pass said tests. 9.6 All costs and expenses of the Customer and any third parties (other than those of SiemensTecosa’ own personnel or contractors) incurred in connection with inspections, tests, approvals, acceptance procedures etc. shall be borne by the Customer.