Acceptance Period. A Good, Custom Deliverable, or Service furnished under this Contract shall function in accordance with the specifications identified in this Contract and Solicitation. If the Goods and Custom Deliverables delivered do not conform to the specifications identified in this Contract and Solicitation (“Defects”), DTS shall within thirty (30) calendar days of the delivery date (“Acceptance Period”) to notify Contractor in writing of the Defects. Contractor agrees that upon receiving such notice, it shall use reasonable efforts to correct the Defects within fifteen (15) calendar days (“Cure Period”). DTS’s acceptance of a Good, Custom Deliverable, or Services occurs at the end of the Acceptance Period or Cure Period. If after the Cure Period, a Good, Custom Deliverable, or Service still has Defects, then DTS may, at its option: (a) declare Contractor to be in breach and terminate this Contract; (b) demand replacement conforming Goods, Custom Deliverables, or Services from Contractor at no additional cost to DTS; or (c) continue the Cure Period for an additional time period agreed upon by DTS and Contractor in writing. Contractor shall pay all costs related to the preparation and shipping of the products returned pursuant to this section. No products shall be accepted and no charges shall be paid until acceptance is met. The warranty period will begin upon the end of the Acceptance Period.
Appears in 9 contracts
Samples: Information Technology Terms and Conditions, Information Technology Terms and Conditions, License Agreement
Acceptance Period. A Good, Custom Deliverable, or Service furnished under this Contract shall function in accordance with the specifications identified in this Contract and Solicitation. If the Goods and Custom Deliverables delivered do not conform to the specifications identified in this Contract and Solicitation (“Defects”), DTS the Eligible Users shall within thirty (30) calendar days of the delivery date (“Acceptance Period”) to notify Contractor in writing of the Defects. Contractor agrees that upon receiving such notice, it shall use reasonable efforts to correct the Defects within fifteen (15) calendar days (“Cure Period”). DTSThe Eligible User’s acceptance of a Good, Custom Deliverable, or Services occurs at the end of the Acceptance Period or Cure Period. If after the Cure Period, a Good, Custom Deliverable, or Service still has Defects, then DTS the Eligible User may, at its option: (a) declare Contractor to be in breach and terminate this Contract; (b) demand replacement conforming Goods, Custom Deliverables, or Services from Contractor at no additional cost to DTSthe Eligible User; or (c) continue the Cure Period for an additional time period agreed upon by DTS the Eligible User and Contractor in writing. Contractor shall pay all costs related to the preparation and shipping of the products returned pursuant to this section. No products shall be accepted and no charges shall be paid until acceptance is met. The warranty period will begin upon the end of the Acceptance Period.
Appears in 8 contracts
Samples: State Cooperative Contract for Information Technology Products and Services, Master Agreement, Cooperative Contract
Acceptance Period. A Good, Custom Deliverable, or Service furnished under this Contract shall function in accordance with the specifications identified in this Contract and Solicitation. If the Goods and Custom Deliverables delivered do not conform to the specifications identified in this Contract and Solicitation (“Defects”), DTS the Eligible User shall within thirty (30) calendar days of the delivery date (“Acceptance Period”) to notify Contractor in writing of the Defects. Contractor agrees that upon Upon receiving such notice, it Contractor shall use reasonable efforts to correct the Defects within fifteen fourteen (1514) calendar days (“Cure Period”). DTSThe Eligible User’s acceptance of a Good, Custom Deliverable, or Services occurs at the end of the Acceptance Period or Cure Period, whichever is later. If after the Cure Period, a Good, Custom Deliverable, or Service still has Defects, then DTS the Eligible User may, at its option: (a) declare Contractor to be in breach and terminate this Contract; (b) demand replacement conforming Goods, Custom Deliverables, or Services from Contractor at no additional cost to DTSthe Eligible User; or (c) continue the Cure Period for an additional time period agreed upon by DTS the Eligible User and Contractor in writing. Contractor shall pay all costs related to the preparation and shipping of the products returned pursuant to this sectionreplacement products. No products shall be deemed accepted and no charges invoices shall be paid until acceptance is metacceptance. The warranty period will begin upon the end of the Acceptance Period.
Appears in 5 contracts
Samples: Cooperative Information Technology Contract, State Cooperative Contract for Information Technology Products and Services, Cooperative Contract