Acceptance of the Services. 15.1. The Services shall be ready for acceptance when the Plant is ready to be put into operation as agreed. The Services shall also be deemed to be ready for acceptance even if individual parts of the Plant are missing or additional work is still to be executed on them or if the Plant cannot be commissioned for reasons for which ABB is not responsible.
15.2. As soon as ABB has notified the customer that the Services are ready for acceptance, they shall be inspected by the customer in the presence of a representative of ABB. Any defects are to be re- ported immediately in writing to ABB. If the customer fails to report any defects, the Services shall be dee¬med to have been provided and to have been accepted.
15.3. Acceptance shall also be deemed as having taken place - if the acceptance does not take place on the date arranged for reasons for which ABB is not responsible; or - if the customer refuses to sign any acceptance report; or - as soon as the customer puts the Plant into operation; or - if the customer refuses the acceptance without being entitled to do so.
15.4. To the extent that ABB is responsible for defects discovered during acceptance, it shall remedy such defects as soon as possible. The customer shall grant ABB sufficient opportunity and time to do so.
15.5. All claims by the customer arising from or in connection with defects in the Services are regulated expressly and exhaustively by this Clause 15. Other and further claims are excluded. This limitation of liability does not apply in the event of gross negligence or wilful misconduct by ABB.
Acceptance of the Services. 18.1 Contractor shall promptly correct (in accordance with the applicable professional Standard of Care) any Services that fails to conform to the requirements of this Contract Documents where such failure to conform appears during the progress of the Services. The provisions of this Article apply to Services done by subcontractors as well as to Services done by direct employees of Contractor.
18.2 No act of, or failure to act by, the Owner or the Owner's Representative, either in superintending or directing the Services, or any extension of time for the completion of the Services, shall be regarded as an acceptance of such Services or any part thereof, or of materials used therein, either wholly or in part. Acceptance shall be evidenced only by the final certificate of the Owner. Before any final certificate shall issue, Contractor shall execute an affidavit on the certificate that it accepts the same in full payment and settlement of all claims on account of Services done and materials furnished under this Contract, and that all claims for materials provided or labor performed have been paid or set aside in full. No waiver of any breach of this Contract by the Owner or anyone acting on Owner's behalf shall be held as a waiver of any other subsequent breach thereof.
Acceptance of the Services. Company project or program manager, as designated in the Service Agreement, or such other person designated by Company in writing (the “Representative”), will determine whether the Services have been performed by Contractor in a manner satisfactory to Company and in accordance with the terms of this Base Agreement. Upon acceptance of the Services, Company will pay Contractor for Services performed in accordance with this Base Agreement. Acceptance of or payment for the Services by Company shall in no event release Contractor from liability under this Base Agreement.
Acceptance of the Services. Unless otherwise specified in a Work Order, Pavion will have a reasonable amount of time from Subcontractor’s completion of any of the Services to reject or communicate its Satisfaction to Subcontractor. If Pavion rejects the Services, in whole or in part, then Subcontractor will correct and re-perform or re-deliver the Services within the reasonable time frame designated by Pavion (but in any event no later than ten (10) days) after such rejection. Until Satisfaction has been communicated to Subcontractor by Pavion or its designee, Subcontractor is responsible for risk of loss of, and damage to, the Services and any materials or equipment provided to be used or incorporated in the Services and will promptly notify Pavion of any such event of loss or damage.
Acceptance of the Services. 13.1. The Services shall be provided by the Contractor and their results – accepted by the Client on a staged basis, by signing the Service Provision Certificates and the Certificates of the Cost of the Services by both Parties. Along with the said documents, the Contractor must submit the Client the as-built documentation with due regard to the requirements of clauses 1.4. and 5.1.10. hereof.
13.2. The Contractor shall determine the scope of dredging operations and the cost of the Services which are to be paid for, prepare the relevant documents, and submit them to the Client for signing. If as-built and control depth measurements turn out to be impossible because of unfavourable hydrometeorological conditions, delivery and acceptance of the dredging volume for all types of dredging equipment will be performed within the prescribed time based on the real-time data, with due regard to the requirements of clause 1.18 hereof.
13.3. The Service Provision Certificates and the Certificates of the Cost of the Services signed by the Contractor and submitted to the Client shall be considered by the latter within ten (10) business calendar days following their receipt.
13.4. Acceptance of the Services by the Client, subject to the absence of grounded objections, shall be carried out by signing the Service Provision Certificates and the Certificates of the Cost of the Services by the Client, which shall be drawn up based on the Services actually provided by the time of drawing up these Certificates.
13.5. Should the Client file any grounded objections to the Service Provision Certificates and the Certificates of the Cost of the Services in the course of accepting the Services, the Contractor shall make the corresponding improvements within five (5) business days following the receipt of grounded objections, and shall submit improved Service Provision Certificates and the Certificates of the Cost of the Services to the Client for signing.
13.6. Deficiencies (defects) in the Services discovered in the course of their acceptance, which have occurred through the Contractor's fault, shall be eliminated by the Contractor during the time period established by the Client.
13.7. If the Contractor fails to eliminate any deficiency (defect) during the time established by the Client, the Client shall have a right (at its sole discretion):
13.7.1. To eliminate deficiencies (defects) on its own or involving the third parties at the Contractor's cost; in this case, the Contractor ...
Acceptance of the Services. Upon final completion of the Services, the Parties shall jointly go through the checking and inspection of all of the Services. If all of the checking made and all of the measures taken comply with the standards and obligations agreed to in the Agreement, the Parties shall prepare a document in writing evidencing such compliance. This document shall be signed by the Parties and it will constitute final acceptance of the Services by BHBW.
Acceptance of the Services. 1. Upon completion of the Services, the Customer shall accept the Services without delay, however at the latest 10 working days after the respective notification of completion. In case the Customer fails to accept the Service correspondingly the Services shall be deemed to be accepted upon the expiration of this 10-working days period. The Services, however, shall be deemed accepted regardless of such acceptance period in case that the Services provided by the Contractor to the Cus- tomer are made use of by the Customer.
2. The Customer may not refuse acceptance and receipt of Services on account of minor defects.
Acceptance of the Services. 1. Upon completion of the Services, the Customer shall accept the Services without delay, however at the latest 10 working days after the respective notification of completion. In case the Customer fails to accept the Service correspondingly the Services shall be deemed to be accepted upon the expiration of this 10-working days period. The Services, however, shall be deemed accepted regardless such acceptance period in case that the Services provided by the Contractor to the Customer is made use of by the Customer.
2. The Customer may not refuse acceptance and receipt of Services on account of minor defects.
Acceptance of the Services. 11.1 The Client is required to inspect the Services and accept the quality thereof as soon AssureCloud has notified the Client that the work is completed.
11.2 If the acceptance is delayed through no fault of AssureCloud’s own, the acceptance shall be deemed to have taken place 7 (seven) days after notification to the Client of the completion of the work, unless a longer time period has been agreed in writing between the Parties.
11.3 Acceptance removes any liability on the part of AssureCloud for any defects that were identifiable at the time of acceptance.
Acceptance of the Services. Authority has the right to review and/or require correction of any Services provided by Contractor. Contractor shall make any required corrections to any Service within 10 days at no additional charge. The payment of any invoice by Authority does not indicate acceptance of Services provided. Further, the Authority reserves the right at any time to reject or disapprove any Service provided. If Contractor fails to make the necessary corrections within a reasonable time after notice to do so from the Authority, or if the submission of any corrected Service remains unacceptable, the Authority may immediately terminate this Agreement pursuant to paragraph 7(ii)(a) hereof or reduce the hourly rate to reflect the reduced value of the Services provided.
