Common use of Acceptance of the Services Clause in Contracts

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.

Appears in 2 contracts

Samples: General Conditions for Installation, General Conditions for Installation

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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 deemed 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.

Appears in 1 contract

Samples: General Conditions for Installation

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Acceptance of the Services. 15.1. 15.1 The Services shall be ready for acceptance when the Plant is Machines are 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 Machines are missing or additional work is still to be executed on them or if the Plant Machines cannot be commissioned for reasons for which ABB is not responsible. 15.2. 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 reported immediately in writing to ABB. If the customer fails to report any defects, the Services shall be dee¬med deemed to have been provided and to have been accepted. 15.3. 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 an acceptance report; or - as soon as the customer puts the Plant Machines into operation; or - if the customer refuses the acceptance without being entitled to do so. 15.4. 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. 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.

Appears in 1 contract

Samples: Maintenance and Repair Agreement

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