Common use of ACCEPTANCE AND REJECTION Time for Acceptance Clause in Contracts

ACCEPTANCE AND REJECTION Time for Acceptance. 6.1 In accordance with clause 7 of this Schedule, a Customer may undertake, or require the Supplier to undertake, Acceptance Testing as set out in a Customer Agreement or XXXX. 6.2 Where a Customer decides to undertake Acceptance Testing, that Customer has five (5) Business Days from Delivery to complete this process before a Deliverable is deemed to be Accepted. 6.3 Where a Customer requests that the Supplier performs Acceptance Testing, that Customer has five (5) Business Days from receipt of the Acceptance Testing results from the Supplier to either advise the Supplier: 6.3.1 that it is satisfied with the Acceptance Testing outcomes, at which time Acceptance will be deemed to occur; or 6.3.2 that it is not satisfied with the Acceptance Testing outcomes, in which case further Acceptance Testing may be required or the Customer may Reject the Deliverable. 6.4 Where a Customer fails to advise the Supplier of its Acceptance or rejection of a Deliverable in accordance with clause 6.3, Acceptance will be deemed to occur five (5) Business Days from the receipt of the Acceptance Testing results by the Customer. 6.5 Acceptance of the Deliverables by a Customer does not relieve the Supplier of its obligations or warranties under a Customer Agreement. 6.6 Subject to clause 6.7, the Customer may reject a Deliverable if it is Defective. 6.7 A Customer may not Reject a Deliverable under clause 6.6 after Acceptance. 6.8 If a Customer Rejects a Deliverable the Customer may, acting reasonably, in consultation with the Supplier require repair or replacement of the Deliverable (or that part of the Product that is Defective) if the Deliverable is a Product. A Customer will not be liable to pay for the rejected Deliverable until such time as such rejected Deliverable is repaired or replaced to the Customer’s reasonable satisfaction in accordance with this clause. 6.9 In the event of rejection of any Deliverable under this clause 6, risk in that Deliverable shall, at the time the Supplier takes possession of the Deliverable, pass to the Supplier. 6.10 Rejection by a Customer under the preceding sub-clause does not: 6.10.1 affect the Parties obligations in respect of any other Deliverable that has already been Delivered and Accepted, or any Deliverable, not Rejected, which is still to be Delivered; and 6.10.2 preclude that Customer from recovering the amount of any loss suffered by the Customer resulting from the Deliverable being Defective. 6.11 Upon Rejection by a Customer under the preceding sub-clause, the Supplier must immediately refund to that Customer any moneys previously paid by the Customer to the Supplier in respect of the Rejected Deliverable.

Appears in 2 contracts

Samples: Panel Agreement, Panel Agreement

AutoNDA by SimpleDocs

ACCEPTANCE AND REJECTION Time for Acceptance. 6.1 In accordance with clause 7 of this Schedule, a Customer may undertake, or require the Supplier to undertake, Acceptance Testing as set out in a Customer Agreement or XXXX. 6.2 Where a Customer decides to undertake Acceptance Testing, that Customer has five (5) Business Days from Delivery to complete this process before a Deliverable is deemed to be Accepted. 6.3 Where a Customer requests that the Supplier performs Acceptance Testing, that Customer has five (5) Business Days from receipt of the Acceptance Testing results from the Supplier to either advise the SuppliertheSupplier: 6.3.1 that it is satisfied with the Acceptance Testing outcomes, at which time Acceptance will be deemed to occur; or 6.3.2 that it is not satisfied with the Acceptance Testing outcomes, in which case further Acceptance Testing may be required or the Customer may Reject the Deliverable. 6.4 Where a Customer fails to advise the Supplier of its Acceptance or rejection of a Deliverable in accordance with clause 6.3, Acceptance will be deemed to occur five (5) Business Days from the receipt of the Acceptance Testing results by the Customer. 6.5 Acceptance of the Deliverables by a Customer does not relieve the Supplier of its obligations or warranties under a Customer Agreement. 6.6 Subject to clause 6.7, the Customer may reject a Deliverable if it is Defective. 6.7 A Customer may not Reject a Deliverable under clause 6.6 after Acceptance. 6.8 If a Customer Rejects a Deliverable the Customer may, acting reasonably, in consultation with the Supplier require repair or replacement of the Deliverable (or that part of the Product that is Defective) if the Deliverable is a Product. A Customer will not be liable to pay for the rejected Deliverable Rejected Product until such time as such rejected Deliverable Rejected Product is repaired or replaced to the Customer’s reasonable satisfaction in accordance with this clause. 6.9 In the event of rejection Rejection of any Deliverable Product under this clause 6, risk in that Deliverable shall, at the time the Supplier takes possession of the Deliverable, pass to the Supplier. 6.10 Rejection by a Customer under the preceding sub-clause 6.8 of this Schedule does not: 6.10.1 affect the Parties obligations in respect of any other Deliverable that has already been Delivered and Accepted, or any Deliverable, not Rejected, which is still to be Delivered; and 6.10.2 preclude that Customer from recovering the amount of any loss suffered by the Customer resulting from the Deliverable being Defective. 6.11 Upon Rejection by a Customer under the preceding sub-clauseclause 6.8 of this Schedule, the Supplier must immediately refund to that Customer any moneys previously paid by the Customer to the Supplier in respect of the Rejected Deliverable.

Appears in 1 contract

Samples: Panel Agreement

ACCEPTANCE AND REJECTION Time for Acceptance. 6.1 In accordance with clause 7 of this Schedule, a Customer may undertake, or require the Supplier to undertake, Acceptance Testing as set out in a Customer Agreement or XXXX. 6.2 Where a Customer decides to undertake Acceptance Testing, that Customer has five (5) Business Days from Delivery to complete this process thisprocess before a Deliverable is deemed to be Accepted. 6.3 Where a Customer requests that the Supplier performs Acceptance TestingAcceptanceTesting, that Customer has five (5) Business Days from receipt of the Acceptance theAcceptance Testing results from the Supplier to either advise the Supplier: 6.3.1 that it is satisfied with the Acceptance Testing outcomes, at which atwhich time Acceptance will be deemed to occur; oroccur;or 6.3.2 that it is not satisfied with the Acceptance Testing outcomes, in which case further Acceptance Testing may be required or the Customer may Reject the Deliverable. 6.4 Where a Customer fails to advise the Supplier of its Acceptance or rejection orrejection of a Deliverable in accordance with clause 6.3, Acceptance will be willbe deemed to occur five (5) Business Days from the receipt of the Acceptance theAcceptance Testing results by the Customer. 6.5 Acceptance of the Deliverables by a Customer does not relieve the Supplier theSupplier of its obligations or warranties under a Customer Agreement. 6.6 Subject to clause 6.7, the Customer may reject a Deliverable if it is Defective. 6.7 A Customer may not Reject a Deliverable under clause 6.6 after Acceptance. 6.8 If a Customer Rejects a Deliverable the Customer may, acting reasonably, in consultation with the Supplier require repair or replacement of the Deliverable (or that part of the Product that is Defective) if the Deliverable is a Product. A Customer will not be liable to pay for the rejected Deliverable until such time as such rejected Deliverable is repaired or replaced orreplaced to the Customer’s reasonable satisfaction in accordance with this clausethisclause. 6.9 In the event of rejection of any Deliverable under this clause 6, risk in that Deliverable shall, at the time the Supplier takes possession of the Deliverable, pass to the SuppliertheSupplier. 6.10 Rejection by a Customer under the preceding sub-clause does not: 6.10.1 affect the Parties obligations in respect of any other Deliverable that has already been Delivered and Accepted, or any Deliverable, not Rejected, which is still to be Delivered; and 6.10.2 preclude that Customer from recovering the amount of any loss suffered by the Customer resulting from the Deliverable being Defective. 6.11 Upon Rejection by a Customer under the preceding sub-clause, the Supplier must immediately refund to that Customer any moneys previously paid by the Customer to the Supplier in respect of the Rejected Deliverable.

Appears in 1 contract

Samples: Panel Agreement

AutoNDA by SimpleDocs

ACCEPTANCE AND REJECTION Time for Acceptance. 6.1 In accordance with clause 7 of this Schedule, a Customer may undertake, or require the Supplier to undertake, Acceptance Testing as set out in a Customer Agreement or XXXX. 6.2 Where a Customer decides to undertake Acceptance Testing, that Customer has five (5) Business Days from Delivery to complete this process before a Deliverable is deemed to be Accepted. 6.3 Where a Customer requests that the Supplier performs Acceptance Testing, that Customer has five (5) Business Days from receipt of the Acceptance Testing results from the Supplier to either advise the Supplier: 6.3.1 that it is satisfied with the Acceptance Testing outcomes, at which time Acceptance will be deemed to occur; or 6.3.2 that it is not satisfied with the Acceptance Testing outcomes, in which case further Acceptance Testing may be required or the Customer may Reject the Deliverable. 6.4 Where a Customer fails to advise the Supplier of its Acceptance or rejection of a Deliverable in accordance with clause 6.3, Acceptance will be deemed to occur five (5) Business Days from the receipt of the Acceptance Testing results by the Customer. 6.5 Acceptance of the Deliverables by a Customer does not relieve the Supplier of its obligations or warranties under a Customer Agreement. 6.6 Subject to clause 6.7, the Customer may reject a Deliverable if it is Defective. 6.7 A Customer may not Reject a Deliverable under clause 6.6 after Acceptance. 6.8 If a Customer Rejects a Deliverable the Customer may, acting reasonably, in consultation with the Supplier require repair or replacement of the Deliverable (or that part of the Product that is Defective) if the Deliverable is a Product. A Customer will not be liable to pay for the rejected Deliverable Rejected Product until such time as such rejected Deliverable Rejected Product is repaired or replaced to the Customer’s reasonable satisfaction in accordance with this clause. 6.9 In the event of rejection Rejection of any Deliverable Product under this clause 6, risk in that Deliverable shall, at the time the Supplier takes possession of the Deliverable, pass to the Supplier. 6.10 Rejection by a Customer under the preceding sub-clause 6.8 of this Schedule does not: 6.10.1 affect the Parties obligations in respect of any other Deliverable that has already been Delivered and Accepted, or any Deliverable, not Rejected, which is still to be Delivered; and 6.10.2 preclude that Customer from recovering the amount of any loss suffered by the Customer resulting from the Deliverable being Defective. 6.11 Upon Rejection by a Customer under the preceding sub-clauseclause 6.8 of this Schedule, the Supplier must immediately refund to that Customer any moneys previously paid by the Customer to the Supplier in respect of the Rejected Deliverable.

Appears in 1 contract

Samples: Panel Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!