APPROVAL TEST AND DELIVERY DATE Sample Clauses

APPROVAL TEST AND DELIVERY DATE. Unless otherwise agreed in Appendix 3, the Customer must examine the service for a period of 10 (ten) business days from the first business day after the Supplier has sent the delivery notification to the Customer (approval test). If the Customer approves the Service, the Customer will notify the Supplier of this in writing. The delivery date will be deemed to have taken place on the first business day after the notification has been sent. If the Customer rejects the service, notification of this must be sent to the Supplier before the expiry of the approval test. If such notification of rejection has not been sent before the end of the approval period, the delivery date will be deemed to have taken place on the first business day after the end of the approval test. The Customer may not reject the service if the error(s) is(are) immaterial to the Customer’s use. A and B errors will each be deemed to be material, with the exception of B errors that are not of material importance to the ability of the Customer to make ordinary use of the Service while error rectification takes place. C errors are deemed to be immaterial, unless several C errors imply, in aggregate, that approval would be clearly unreasonable. Errors in third-party deliverables give the same access to reject the service as other errors. Alternatively, the Customer may approve the service with errors in third-party deliverables. In such case, the Customer will be able to require a price reduction in accordance with clause 9.2.3 of the Agreement. Unless Appendix 3 specifies otherwise, the following error definitions are used: Leve l Category Description A Critical error - Error that results in the interruption of the service, a loss of data, or that other functions that, based on an objective assessment, are of critical importance to the Customer are not delivered or do not function as agreed. - The documentation is so incomplete or misleading that the Customer is unable to use the Service, or material parts thereof. B Serious error - Error that results in functions that, based on an objective assessment, are of importance to the Customer, not working as described in the Agreement, and which it is time-consuming or costly to work around. - The documentation being so incomplete or misleading, that the Customer is unable to use functions that, based on an objective assessment, are of importance to the Customer. C Less serious error - Error that results in individual functions not working as int...
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Related to APPROVAL TEST AND DELIVERY DATE

  • Tasks and Deliverables A description of and the schedule for each task and deliverable, illustrated by a Xxxxx chart. Start and completion dates for each task, milestone, and deliverable shall be indicated. Must include deliverables specified in SOW-RFP as well as other deliverables that may be proposed by Contractor.

  • Shipment and Delivery Seller grants the Company the right at any time to specify the carrier and/or method of transportation to be employed in conveying any part or all of the Goods covered herein. In the event that Seller uses an unauthorized carrier and/or method of transportation, then all shipping expenses shall be assumed by Seller. Unless otherwise stated in the Order, all Goods will be shipped FCA shipment point. FCA shall be interpreted in accordance with the version of Incoterms valid at the time of the Seller’s acceptance of the Order. The Seller shall be responsible for preparing and filing all export documentation for all shipments. The Company shall not be obligated to accept early deliveries, partial deliveries or excess deliveries. If Goods are incorrectly delivered, the Seller shall be responsible for any additional expense incurred in delivering the Goods to the correct destination. The delivery date set forth on the Order is of the essence of the Contract. If the Seller anticipates that it will not be able to deliver the Goods upon the agreed delivery date, then the Seller shall immediately notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to on-time delivery hereunder. In such event, the Company may request that the Seller expedite delivery to the maximum extent possible at the Seller’s sole expense. If the Seller does not deliver the Goods by the agreed delivery date, then the Company shall be entitled to liquidated damages as agreed between the parties, up to and including the total Order value. Notwithstanding the foregoing, the Company reserves the right to claim repayment for any and all costs, losses, expenses and damages incurred by the Company that are attributable to the Seller’s delay in delivery. Such liquidated damages shall be paid at the Company’s written demand. Partial deliveries shall not relieve the Seller from liability for any late delivery hereunder. If the Seller discovers that it has shipped any non-conforming Goods to the Company, it shall immediately (and not more than 24 hours after such discovery) notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to defective goods hereunder.

  • Payment and Delivery Payment for the Option Shares shall be made on the Option Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery to you of certificates (in form and substance satisfactory to the Underwriters) representing the Option Shares (or through the facilities of DTC) for the account of the Underwriters. The Option Shares shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Option Closing Date. The Company shall not be obligated to sell or deliver the Option Shares except upon tender of payment by the Representative for applicable Option Shares.

  • Delivery Date Warranties begin on the date of delivery, or on the date of installation if installed by us. If you schedule or delay such installation by us more than thirty (30) days after delivery, your warranty period will begin on the 31st day after delivery.

  • License and Delivery a. Subject to Customer's compliance with the terms of this Agreement, including payment of fees, for any Software delivered to Customer, Licensor grants Customer a limited, non- transferable, non-sublicensable, non-exclusive license to install, run, and use the Number of Units of Software stated in an Order Form in accordance with the Documentation for the Term solely for Customer's internal business purposes. Maintenance, if purchased or provided, is delivered pursuant to the Order Form.

  • Final Completion The full and final completion of all Work in accordance with the Contract Documents.

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  • Reports and deliverables 1. The consortium shall submit a periodic report to the REA for each reporting period within 60 days after the end of each respective period. The report shall comprise:

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