Common use of Acceptance Test Clause in Contracts

Acceptance Test. Unless otherwise provided in the Contract, Section 3.4 above controls acceptance of the Goods. However, Authorized Purchaser may specifically provide in a Contract that Authorized Purchaser shall commence acceptance testing on the first day following notification by Authorized Purchaser to IT HVAR that all Goods IT HVAR is required to provide under the Contract have been received and installed and available to be tested as required by this Agreement or any Contract issued hereunder. Authorized Purchaser shall have a 30 calendar day period or such other period as agreed upon by Authorized Purchaser and IT HVAR ("Acceptance Test Period") to test the functionality of the Goods to determine whether they perform in accordance with the specifications and in accordance with the manufacturer’s official published specifications (”Acceptance Test Performance Requirements”). The Acceptance Test Performance Requirements shall constitute the acceptance test (“Acceptance Test”). Authorized Purchaser shall accept the Goods if it performs in accordance with the Acceptance Test Performance Requirements. No later than 5 business days of the completion of the Acceptance Test, Authorized Purchaser shall notify IT HVAR in writing regarding whether the Goods has passed or failed the Acceptance Test. If the Goods pass the Acceptance Test, then such notice shall be deemed “Final Acceptance.” If the Goods fail the Acceptance Test, written notice shall be given and include the specific reason(s) for the failures. In the event of failure, IT HVAR shall be entitled to conduct the Acceptance Test, within 10 calendar days of Authorized Purchaser’s notification to verify failure, at IT HVAR’s expense. If the Goods pass the Acceptance Test performed by IT HVAR, and Authorized Purchaser does not agree to decree Final Acceptance of the Goods, IT HVAR shall have the option to have Authorized Purchaser return the Goods to IT HVAR at the Authorized Purchaser’s expense and refund IT HVAR’s shipping costs. Alternatively or in addition to such return, IT HVAR shall be entitled to pursue the remedies available to IT HVAR under the Contract.

Acceptance Test. Unless otherwise provided in the Contract, Section 3.4 above controls acceptance The purpose of the Goods. However, Authorized Purchaser may specifically provide in a Contract that Authorized Purchaser shall commence acceptance testing on the first day following notification by Authorized Purchaser to IT HVAR that all Goods IT HVAR test is required to provide under the Contract have been received and installed and available to be tested as required by this Agreement or any Contract issued hereunder. Authorized Purchaser shall have a 30 calendar day period or such other period as agreed upon by Authorized Purchaser and IT HVAR ("Acceptance Test Period") to test the functionality of the Goods primarily to determine whether they perform the agreed functionality is present. The acceptance test shall be conducted by the supplier with the customer's active participation. The procedure, content and approval criteria of the acceptance test are specified in Appendix 8. If the customer approves the acceptance test with observed defects, these shall be specified in a list of defects. The customer shall only be under the obligation to approve the service level test when such defects have been remedied in all essentials. In case the acceptance test does not fulfil the requirements for the result thereof and consequently cannot be approved, the supplier shall be entitled, subject to a notice of at least five working days, to repeat the full test until the customer might cancel the contract according to the terms for this. In case the customer puts the entire system or parts thereof into use before the acceptance test in order to handle the customer's business activities, the supplier shall be entitled to request the customer in writing to stop such use. In case the customer does not comply with the request within 20 working days, such parts of the system that have been put into use shall be considered accepted by the customer. If the acceptance test cannot be passed in accordance with the specifications and time schedule in Appendix 1 owing to circumstances attributable to the supplier, the customer may choose to put the entire system or parts thereof into use as from the originally agreed acceptance date. In this case, the customer shall pay a reasonable proportion of the amount related to the approval of the acceptance test in accordance with the manufacturer’s official published specifications (”Acceptance Test Performance Requirements”)schedule of payments in Appendix 3. The Acceptance Test Performance Requirements Commencement of use by the customer shall constitute solely be allowed if this does not pose hindrances to the acceptance test (“Acceptance Test”). Authorized Purchaser shall accept the Goods if it performs in accordance with the Acceptance Test Performance Requirements. No later than 5 business days of the supplier's completion of the Acceptance Test, Authorized Purchaser shall notify IT HVAR in writing regarding whether the Goods has passed or failed the Acceptance Test. If the Goods pass the Acceptance Test, then such notice shall be deemed “Final Acceptance.” If the Goods fail the Acceptance Test, written notice shall be given deliveries and include the specific reason(s) for the failures. In the event of failure, IT HVAR shall be entitled to conduct the Acceptance Test, within 10 calendar days of Authorized Purchaser’s notification to verify failure, at IT HVAR’s expense. If the Goods pass the Acceptance Test performed by IT HVAR, and Authorized Purchaser does not agree to decree Final Acceptance carrying out of the Goodsagreed acceptance test. The supplier's obligations to maintain the entire system or parts thereof, IT HVAR including providing hotline service etc., shall have enter into force only upon the option to have Authorized Purchaser return customer's approval of the Goods to IT HVAR acceptance test, notwithstanding commencement of use by the customer at the Authorized Purchaser’s expense and refund IT HVAR’s shipping costs. Alternatively or in addition to such return, IT HVAR shall be entitled to pursue the remedies available to IT HVAR under the Contractan earlier stage.

Acceptance Test. Unless otherwise provided The purpose of the acceptance test is to verify whether the functionality offered is available to the Customer in the Contract, Section 3.4 above controls Solution offered. The acceptance of the Goods. However, Authorized Purchaser may specifically provide in a Contract that Authorized Purchaser test shall commence acceptance testing on the first day following notification by Authorized Purchaser to IT HVAR that all Goods IT HVAR is required to provide under the Contract have been received and installed and available to be tested as required by this Agreement or any Contract issued hereunder. Authorized Purchaser shall have a 30 calendar day period or such other period as agreed upon by Authorized Purchaser and IT HVAR ("Acceptance Test Period") to test the functionality of the Goods to determine whether they perform executed in accordance with the specifications and in accordance with the manufacturer’s official published specifications (”Acceptance Test Performance Requirements”)Appendix 7. The Acceptance Test Performance Requirements acceptance test shall constitute be executed by the Supplier, it being understood that the Customer shall assist in the execution of the acceptance test (“Acceptance Test”)test. Authorized Purchaser shall accept the Goods if it performs in accordance with the Acceptance Test Performance Requirements. No later than 5 business days of At the completion of the Acceptance Testacceptance test, Authorized Purchaser the Supplier shall notify IT HVAR in writing submit a report with appropriate documentation regarding whether any missing/defective functionality and other significant events during the Goods has passed or failed the Acceptance Testacceptance test. If the Goods pass Customer approves the acceptance test with identified Defects, such Defects shall be recorded in a list of defects. The Customer shall only be obliged to approve the operational test when such Defects have essentially been remedied. The acceptance test shall continue until the acceptance criteria in Appendix 7 are fulfilled or until the Customer might terminate the Contract pursuant to the provisions in this respect. The Customer shall without undue delay, and not later than 5 Working Days after the acceptance test has been passed, inform the Supplier in writing that the acceptance test is passed and approved. Operational test The purpose of the operational test is to verify whether the Solution complies with the specified service level goals, cf. Appendix 5. The operational test shall be executed in accordance with Appendix 7. The operational test shall be executed, after the Acceptance TestDate, then such by the Customer and/or a third party appointed by the Customer with the necessary assistance of the Supplier. At a notice of at least 10 (ten) Working Days, the Customer shall notify the Supplier of the time when the operational test will be deemed “Final Acceptance.” executed. If the Goods fail Customer has not commenced the operational test within 20 (twenty) Working Days after the Acceptance TestDate, written notice shall be given and include the specific reason(s) for the failures. In the event of failure, IT HVAR Supplier shall be entitled to conduct submit a notice to the Acceptance TestCustomer demanding the operational test to be commenced. The Supplier's notice may state a time-limit within which the Customer must commence the execution of the operational test. However, within 10 calendar days the time-limit shall be at least 15 (fifteen) Working Days after the Customer's receipt of Authorized Purchaser’s notification to verify failure, at IT HVAR’s expensethe Supplier's notice. If the Goods pass Customer has not commenced the Acceptance Test performed by IT HVARexecution of the operational test before the expiry of the time-limit stipulated, the Customer's right to execute the operational test shall be cancelled provided that the Supplier in its notice has expressly stated that the Customer's failure to timely commence execution of the operational test shall cause the operational test to be cancelled. The operational test shall continue until the acceptance criteria in Appendix 7 have been fulfilled or until the Customer might terminate the Contract according to the provisions in this respect. The Customer shall without undue delay, and Authorized Purchaser does not agree to decree Final Acceptance of later than 10 Working Days after the Goodsoperational test has been passed, IT HVAR shall have inform the option to have Authorized Purchaser return Supplier in writing that the Goods to IT HVAR at operational test is passed and approved. Changes In the Authorized Purchaser’s expense and refund IT HVAR’s shipping costs. Alternatively or in addition to such returnperiod after the clarification phase, IT HVAR each Party shall be entitled to pursue request changes according to the remedies available to IT HVAR guidelines below. Changes shall be carried out within the scope of the procurement rules in force at any time. After approval of the delivery, changes shall constitute an integral part of the Solution. Hence, from that time, the Supplier shall deliver the Services under the Contract in the changed form. The Contract shall not be changed in any other way than by amendments which shall be in writing and signed by both Parties in order to be legally valid. Such amendments shall be numbered consecutively and shall be issued in 2 (two) original copies, one of which shall rest with the Supplier and one with the Customer. However, changes regarding the Supplier’s contact information (addresses, e-mail, point of contact), the Customer’s name, e-mail and point of contact can be made by e-mail between the Parties. Such changes shall be valid when both Parties have confirmed receipt of such an e-mail. The Customer's change request The Customer’s change requests shall be submitted to the Supplier in writing. The Supplier shall without undue delay after receipt prepare an estimate of the expected charges expected to be involved in preparing a suggested solution. The estimate shall be based on the hourly rates stated in Appendix 10 and the expected time consumption. The estimate shall be submitted to the Customer for approval. If the Customer does not approve the estimate submitted, the Customer's change request shall be cancelled and the Supplier shall be entitled to charge a reasonable payment for preparing the estimate. The payment shall be calculated according to documented time spent and on the basis of the hourly rates set out in Appendix 10. On receipt of the Customer’s approval of the estimate, the Supplier shall initiate the processing and shall without undue delay and not later than 10 (ten) Working Days thereafter submit a suggested solution with the minimum contents described in Appendix 8. If the suggested solution is accepted, the Supplier's payment for the preparation thereof shall lapse. In case of disagreement between the Parties regarding the consequences of a change requested by the Customer, the Customer shall be entitled to the necessary insight into the basis of the Supplier’s suggested solution. Where price calculation models and similar trade secrets are involved, the Supplier may require that the review be undertaken by an independent third party who is subject to a duty of confidentiality. The Customer shall be entitled at any time to arrange for an independent third party, who is subject to a duty of confidentiality, to review the Supplier's suggested solution. The costs of the independent third party shall always be borne by the Customer. If the suggested solution is not accepted, the Supplier may demand a reasonable charge for preparing the suggested solution. The charge shall be calculated according to documented time spent and on the basis of the hourly rates stated in Appendix 10, taking into account the Supplier's estimate. If the Supplier demonstrates in the suggested solution that the change request cannot be carried out due to technical or substantial functional considerations or that it cannot be implemented without significantly impacting the Solution or the Supplier's ability to fulfil its obligations under this Contract, the Supplier shall be entitled to refuse to comply with the change request. The Supplier’s change request The Supplier's change requests shall be submitted to the Customer in writing. The Supplier’s change request shall at least contain the information stated in Appendix 8. The Customer shall without undue delay and not later than 10 (ten) Working Days after receipt process the request and inform in writing whether the requested change can be met. Failure on the part of the Customer to notify whether the request can be met shall be construed to be a rejection of the request. Where necessary in order to avoid major loss on the part of the Supplier, the Customer shall accept changes which only affect the Customer's benefit from the Solution to an insignificant degree and which do not cause additional costs or loss to the Customer. Change log The Supplier shall maintain a joint change log containing all relevant documentation regarding changes, including dated change requests, suggested solutions and signed amendments, cf. above. A further description of the change management procedure is set out in Appendix 8.

Acceptance Test. Unless otherwise provided Acceptance Test will be conducted in the Contract, Section 3.4 above controls as follows  The Bidder shall be responsible for preparation and submission of detailed UAT schedules/ procedures/ formats. After acceptance of UAT reports by BSCDCL, the Goodsentire infrastructure (including network) would be deemed to have been commissioned.  For the purpose of Acceptance Testing, Bidder would be required to demonstrate all COTS hardware and software with minimum quantities to carry out the process of acceptance testing for verifying the technical specifications. In case any developmental work is required to be done, the same would be demonstrated over a period of time without hindering the process of acceptance and payment. Once the acceptance is done for certain type of equipment then mass deployment could be done without the need for acceptance again.  After the successful UAT the Bidder shall be responsible for obtaining installation and commissioning certificate (sign-off) of the complete network from BSCDCL.  Entire system at any particular location/control room, if any, not passing the UAT, shall be rectified by the Bidder in a timely manner with a request for re- test by BSCDCL. If any component/system fails the UAT repeatedly, BSCDCL may ask Bidder to remove the device, without any claim for payment to Bidder.  On successful UAT by BSCDCL of the entire system, the event shall be marked as the “date of commissioning” of the project. However, Authorized Purchaser in case of delay/ non-completion of work by Xxxxxx at any site(s) due to reasons not attributable to the Bidder, BSCDCL shall treat the last day of the successful UAT of the commissioned network (excluding the delayed and non-feasible sites) as the “date of commissioning” of the project.  Documentation: provide technical documentation with equipment supplied. The technical documentation should include technical manuals and operation manuals.  BSCDCL reserve the right to inspect equipment's and OFC/IFC, cat‐5/cat‐6 cables etc. The cost of all such tests shall be borne by the Bidder. Any inspected goods fail for confirm to specification after installation, the BSCDCL may specifically provide reject them and the Bidder shall have to replace the rejected goods. Sample approval should be obtained before installation for such material. o The first step will involve successful installation of all sites. The provisional acceptance of these sites will be defined as partial acceptance. o The date on which acceptance certificate is issued shall be deemed to be the date of successful commissioning of the system. o Any delay by the Bidder in a Contract that Authorized Purchaser shall commence the acceptance testing on shall render the first day following notification by Authorized Purchaser Bidder liable to IT HVAR that all Goods IT HVAR is required the imposition of appropriate penalties o All goods and services should have approval of TEC (Technical Evaluation Committee) with ISO or other certification, as applicable, to provide under prove the Contract have been received and installed and available to be tested as required by this Agreement or any Contract issued hereunderquality standards applicable in India. Authorized Purchaser shall have a 30 calendar day period or such other period as agreed upon by Authorized Purchaser and IT HVAR ("Acceptance Test Period") to test the functionality of the Goods to determine whether they perform in accordance with the specifications and in accordance with the manufacturer’s official published specifications (”Acceptance Test Performance Requirements”). o The Acceptance Test Performance Requirements shall constitute the User acceptance test (“Acceptance Test”). Authorized Purchaser shall accept the Goods if it performs in accordance UAT) report should confirm with the Acceptance Test Performance Requirements. No later than 5 business days of the completion of the Acceptance Test, Authorized Purchaser shall notify IT HVAR in writing regarding whether the Goods has passed or failed the Acceptance Test. If the Goods pass the Acceptance Test, then such notice shall be deemed “Final Acceptance.” If the Goods fail the Acceptance Test, written notice shall be given and include the specific reason(s) for the failures. In the event of failure, IT HVAR shall be entitled to conduct the Acceptance Test, within 10 calendar days of Authorized Purchaser’s notification to verify failure, at IT HVAR’s expense. If the Goods pass the Acceptance Test performed by IT HVAR, and Authorized Purchaser does not agree to decree Final Acceptance of the Goods, IT HVAR shall have the option to have Authorized Purchaser return the Goods to IT HVAR at the Authorized Purchaser’s expense and refund IT HVAR’s shipping costs. Alternatively or in addition to such return, IT HVAR shall be entitled to pursue the remedies available to IT HVAR cabling standard under the ContractISO certification.