Common use of Acceptance Test Clause in Contracts

Acceptance Test. a) IBM may conduct, at its own expense, source inspection, , and/or acceptance tests to assure that Products furnished by MSL conform to specification, samples and/or descriptions as set forth in this Agreement and the Product Attachment(s). IBM may reject any units of Product which it finds in good faith not to meet the specifications of this Agreement in any material respects. IBM should perform incoming inspection within [*] Days after receipt of goods by IBM. If IBM has not notified MSL of any defects in a unit of Product within [*] Days of receipt, such unit shall ATTACHMENT 1 IBM/MSL Outsourcing Base Agreement Statement of Work be deemed to be accepted. Acceptance by IBM of Product shall not relieve MSL of any responsibility for latent non-conformance with IBM specifications, fraud, negligence, title defects, or infringement or warranty. Failure by IBM to perform testing shall not be construed as a waiver to later asserting claims based on such above mentioned defects.

Acceptance Test. a) IBM may conduct, at its own expense, source inspection, , and/or acceptance tests to assure that Products furnished by MSL conform to specification, samples and/or descriptions as set forth in this Agreement and the Product Attachment(s). IBM may reject any units of Product which it finds in good faith not to meet the specifications of this Agreement in any material respects. IBM should perform incoming inspection within [*] Days after receipt of goods by IBM. If IBM has not notified MSL of any defects in a unit of Product within [*] Days of receipt, such unit shall ATTACHMENT 1 IBM/MSL Outsourcing Base Agreement Statement of Work be deemed to be accepted. Acceptance by IBM of Product shall not relieve MSL of any responsibility for latent non-conformance with IBM specifications, fraud, negligence, title defects, or infringement or warranty. Failure by IBM to perform testing shall not be construed as a waiver to later asserting claims based on such above mentioned defects.