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. 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. 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. 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):
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. 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. FEES AND PAYMENT
Acceptance of the Services. The State Project Manager shall be responsible for the sign-off acceptance of all the Services required and submitted pursuant to this Agreement. Prior to approval of the Services and prior to approval for payment, the Project Manager will apply the acceptance criteria set forth in subparagraph B of this provision, as appropriate, to determine the acceptability of the Services provided by the Contractor. Unsatisfactory ratings will be resolved as set forth in this provision. Acceptance Criteria for Services (“Criteria”) provided by the Contractor pursuant to this Agreement: Timeliness: The Services was delivered on time; Completeness: The Services contained the Data, Materials (including number of copies), and features required in the Contract Documents; and Technical accuracy: The Services is accurate as measured against standards given in this Agreement as well as commonly accepted standard (for instance, a statistical formula, an industry standard, regulatory code compliance, or de facto marketplace standard). The Contractor shall provide the Services to the State, in accordance with direction from the Project Manager and as provided for in Exhibit D. The State shall accept the Services, provided the Contractor has delivered the Services in accordance with the Criteria. The State’s Project Manager shall issue a written communication to notify the Contractor of the Services’ acceptability. If the State rejects the Services provided, the State’s Project Manager shall submit to the Contractor a written rejection describing in detail the failure of the Services as measured against the Criteria. If the State rejects the Services, then the Contractor shall have a period of ten (10) business days from receipt of the Notice of rejection to correct the stated failure(s) to conform to the Criteria. If agreement cannot be reached between the State’s Project Manager and the Contractor on the Services’ acceptability, a principal of the Contractor and the Administrative Director of the State, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the State, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Services to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the State may reject the Services and will notify the Contractor in writin...
