Common use of Acceptance Test Clause in Contracts

Acceptance Test. The purpose of the acceptance test is to verify whether the functionality offered is available to the Customer in the Solution offered. The acceptance test shall be executed in accordance with Appendix 7. The acceptance test shall be executed by the Supplier, it being understood that the Customer shall assist in the execution of the acceptance test. At the completion of the acceptance test, the Supplier shall submit a report with appropriate documentation regarding any missing/defective functionality and other significant events during the acceptance test. If the Customer approves the acceptance test with identified Defects, such Defects shall be recorded in a list of defects. The Customer shall only be obliged to approve the operational test when such Defects have essentially been remedied. The acceptance test shall continue until the acceptance criteria in Appendix 7 are fulfilled or until the Customer might terminate the Contract pursuant to the provisions in this respect. The Customer shall without undue delay, and not later than 5 Working Days after the acceptance test has been passed, inform the Supplier in writing that the acceptance test is passed and approved. Operational test The purpose of the operational test is to verify whether the Solution complies with the specified service level goals, cf. Appendix 5. The operational test shall be executed in accordance with Appendix 7. The operational test shall be executed, after the Acceptance Date, by the Customer and/or a third party appointed by the Customer with the necessary assistance of the Supplier. At a notice of at least 10 (ten) Working Days, the Customer shall notify the Supplier of the time when the operational test will be executed. If the Customer has not commenced the operational test within 20 (twenty) Working Days after the Acceptance Date, the Supplier shall be entitled to submit a notice to the Customer demanding the operational test to be commenced. The Supplier's notice may state a time-limit within which the Customer must commence the execution of the operational test. However, the time-limit shall be at least 15 (fifteen) Working Days after the Customer's receipt of the Supplier's notice. If the Customer has not commenced the execution of the operational test before the expiry of the time-limit stipulated, the Customer's right to execute the operational test shall be cancelled provided that the Supplier in its notice has expressly stated that the Customer's failure to timely commence execution of the operational test shall cause the operational test to be cancelled. The operational test shall continue until the acceptance criteria in Appendix 7 have been fulfilled or until the Customer might terminate the Contract according to the provisions in this respect. The Customer shall without undue delay, and not later than 10 Working Days after the operational test has been passed, inform the Supplier in writing that the operational test is passed and approved. Changes In the period after the clarification phase, each Party shall be entitled to request changes according to the guidelines below. Changes shall be carried out within the scope of the procurement rules in force at any time. After approval of the delivery, changes shall constitute an integral part of the Solution. Hence, from that time, the Supplier shall deliver the Services under the Contract in the changed form. The Contract shall not be changed in any other way than by amendments which shall be in writing and signed by both Parties in order to be legally valid. Such amendments shall be numbered consecutively and shall be issued in 2 (two) original copies, one of which shall rest with the Supplier and one with the Customer. However, changes regarding the Supplier’s contact information (addresses, e-mail, point of contact), the Customer’s name, e-mail and point of contact can be made by e-mail between the Parties. Such changes shall be valid when both Parties have confirmed receipt of such an e-mail. The Customer's change request The Customer’s change requests shall be submitted to the Supplier in writing. The Supplier shall without undue delay after receipt prepare an estimate of the expected charges expected to be involved in preparing a suggested solution. The estimate shall be based on the hourly rates stated in Appendix 10 and the expected time consumption. The estimate shall be submitted to the Customer for approval. If the Customer does not approve the estimate submitted, the Customer's change request shall be cancelled and the Supplier shall be entitled to charge a reasonable payment for preparing the estimate. The payment shall be calculated according to documented time spent and on the basis of the hourly rates set out in Appendix 10. On receipt of the Customer’s approval of the estimate, the Supplier shall initiate the processing and shall without undue delay and not later than 10 (ten) Working Days thereafter submit a suggested solution with the minimum contents described in Appendix 8. If the suggested solution is accepted, the Supplier's payment for the preparation thereof shall lapse. In case of disagreement between the Parties regarding the consequences of a change requested by the Customer, the Customer shall be entitled to the necessary insight into the basis of the Supplier’s suggested solution. Where price calculation models and similar trade secrets are involved, the Supplier may require that the review be undertaken by an independent third party who is subject to a duty of confidentiality. The Customer shall be entitled at any time to arrange for an independent third party, who is subject to a duty of confidentiality, to review the Supplier's suggested solution. The costs of the independent third party shall always be borne by the Customer. If the suggested solution is not accepted, the Supplier may demand a reasonable charge for preparing the suggested solution. The charge shall be calculated according to documented time spent and on the basis of the hourly rates stated in Appendix 10, taking into account the Supplier's estimate. If the Supplier demonstrates in the suggested solution that the change request cannot be carried out due to technical or substantial functional considerations or that it cannot be implemented without significantly impacting the Solution or the Supplier's ability to fulfil its obligations under this Contract, the Supplier shall be entitled to refuse to comply with the change request. The Supplier’s change request The Supplier's change requests shall be submitted to the Customer in writing. The Supplier’s change request shall at least contain the information stated in Appendix 8. The Customer shall without undue delay and not later than 10 (ten) Working Days after receipt process the request and inform in writing whether the requested change can be met. Failure on the part of the Customer to notify whether the request can be met shall be construed to be a rejection of the request. Where necessary in order to avoid major loss on the part of the Supplier, the Customer shall accept changes which only affect the Customer's benefit from the Solution to an insignificant degree and which do not cause additional costs or loss to the Customer. Change log The Supplier shall maintain a joint change log containing all relevant documentation regarding changes, including dated change requests, suggested solutions and signed amendments, cf. above. A further description of the change management procedure is set out in Appendix 8.

Acceptance Test. The purpose 6.2.1 If applicable to the particular Goods being purchased by the Buyer, on completion of the acceptance manufacture and before preparation of the Goods for Shipment, Seller shall test is to verify whether the functionality offered is available to the Customer Goods in the Solution offered. The acceptance test shall be executed Premises in the presence of the Buyer Representative to ensure that such Goods are working correctly and in accordance with Appendix 7their specifications (“Factory Acceptance Test”). The acceptance test Seller shall stipulate two dates to the Buyer where such Factory Acceptance Test shall be executed completed, such Factory Acceptance Test shall be deemed to have been completed by the Supplier, it being understood that Seller whether or not the Customer shall assist Buyer Representative is in attendance on the execution of the acceptance test. At the given dates or not. 6.2.2 Upon completion of the acceptance testFactory Acceptance Test whether completed in the presence of the Buyer or not, the Supplier Buyer Representative shall submit a report sign and return to the Seller an acceptance certificate (“Goods Acceptance Certificate”), confirming that the Goods are in working order, prior to Shipment. Upon receipt of such signed Goods Acceptance Certificate, the Seller shall Ship the Goods to the Buyer in accordance with appropriate documentation regarding the provisions of this Contract and/or any missing/defective functionality and other significant events during the acceptance testOrder. If the Customer approves the acceptance test with identified Defects, such Defects Seller shall be recorded in a list of defects. The Customer shall only not be obliged to approve ship any Goods until such Goods Acceptance Certificate has been returned to the operational test when Seller, duly signed. Such delay shall be the sole responsibility and at the sole cost of the Buyer. 6.2.3 In the event that the Goods show faults and/or required upgrades or enhancements requested during the aforementioned Factory Acceptance Test, the Buyer Representative and the Seller Representative shall mutually agree the list of faults and their degree of fault and/or upgrades/enhancements. Thereafter, the Parties shall sign a report detailing such Defects have essentially been remediedfaults and/or upgrades/enhancements and a timeline for rectification or installation of the same (“Acceptance Report”). Such Acceptance Report shall categorise the above in the following categories: (i) Non-Critical fault; (ii) Unacceptable Critical fault; (iii) upgrade or enhancement. 6.2.4 The Buyer and the Seller agree that neither Non-Critical Faults nor upgrades or enhancements shall delay Shipment and agree that such can be resolved during Installation at the Buyers Site. The acceptance test Parties agree that Unacceptable Critical faults shall continue until be rectified by the acceptance criteria Seller before Shipment and in Appendix 7 are fulfilled or until any event within three (3) months of the Customer might terminate date of the Contract pursuant Initial Acceptance Test. The Buyer and the Seller agree that outstanding items on the Acceptance Report shall not delay payment of the any Purchase Price cited in Clause 5.1, to the provisions Seller. 6.2.5 In the event that the Seller either fails to or cannot rectify such Unacceptable Critical faults in this respect. The Customer the Goods, the Seller shall without undue delay, and not later than 5 Working Days after the acceptance test has been passed, inform the Supplier in writing that the acceptance test is passed and approved. Operational test The purpose Buyer of the operational test is to verify whether the Solution complies with the specified service level goals, cf. Appendix 5. The operational test same and shall be executed in accordance with Appendix 7. The operational test shall be executed, after the Acceptance Date, by the Customer and/or a third party appointed by the Customer with the necessary assistance of the Supplier. At a notice of at least 10 (ten) Working Days, the Customer shall notify the Supplier of the time when the operational test will be executed. If the Customer has not commenced the operational test within 20 (twenty) Working Days after the Acceptance Date, the Supplier shall be entitled to submit a notice propose to the Customer demanding the operational test Buyer how it wishes to be commencedproceed. The Supplier's notice may state a time-limit within which the Customer must commence the execution of the operational test. However, the time-limit shall be at least 15 (fifteen) Working Days after the Customer's receipt of the Supplier's notice. If the Customer has not commenced the execution of the operational test before the expiry of the time-limit stipulated, the Customer's right to execute the operational test shall be cancelled provided that the Supplier in its notice has expressly stated that the Customer's failure to timely commence execution of the operational test shall cause the operational test to be cancelled. The operational test shall continue until the acceptance criteria in Appendix 7 have been fulfilled or until the Customer might terminate the Contract according to the provisions in this respect. The Customer shall without undue delay, and not later than 10 Working Days after the operational test has been passed, inform the Supplier in writing that the operational test is passed and approved. Changes In the period after the clarification phase, each Party shall be entitled to request changes according to the guidelines below. Changes shall be carried out within the scope of the procurement rules in force at any time. After approval of the delivery, changes shall constitute an integral part of the Solution. Hence, from that time, the Supplier shall deliver the Services under the Contract in the changed form. The Contract Such events shall not be changed in any other way than by amendments which deemed as a right to terminate the Contract. 6.2.6 Installation of the Goods at the Buyers Site, the Seller shall perform a final test of the Goods (“Site Acceptance Test”). Such Site Acceptance shall be performed in writing and signed by both Parties in order to be legally validthe presence of the Buyer Representative. Such amendments Site Acceptance Test shall be numbered consecutively and shall be issued deemed to have been completed by the Seller whether or not the Buyer Representative is in 2 (two) original copies, one of which shall rest with the Supplier and one with the Customer. However, changes regarding the Supplier’s contact information (addresses, e-mail, point of contact), the Customer’s name, e-mail and point of contact can be made by e-mail between the Parties. Such changes shall be valid when both Parties have confirmed receipt of such an e-mail. The Customer's change request The Customer’s change requests shall be submitted attendance or not. 6.2.7 Without prejudice to anything else to the Supplier in writing. The Supplier shall without undue delay after receipt prepare an estimate of the expected charges expected to be involved in preparing a suggested solution. The estimate shall be based on the hourly rates stated in Appendix 10 and the expected time consumption. The estimate shall be submitted to the Customer for approval. If the Customer does not approve the estimate submitted, the Customer's change request shall be cancelled and the Supplier shall be entitled to charge a reasonable payment for preparing the estimate. The payment shall be calculated according to documented time spent and on the basis of the hourly rates set out in Appendix 10. On receipt of the Customer’s approval of the estimate, the Supplier shall initiate the processing and shall without undue delay and not later than 10 (ten) Working Days thereafter submit a suggested solution with the minimum contents described in Appendix 8. If the suggested solution is accepted, the Supplier's payment for the preparation thereof shall lapse. In case of disagreement between the Parties regarding the consequences of a change requested by the Customer, the Customer shall be entitled to the necessary insight into the basis of the Supplier’s suggested solution. Where price calculation models and similar trade secrets are involved, the Supplier may require that the review be undertaken by an independent third party who is subject to a duty of confidentiality. The Customer shall be entitled at any time to arrange for an independent third party, who is subject to a duty of confidentiality, to review the Supplier's suggested solution. The costs of the independent third party shall always be borne by the Customer. If the suggested solution is not accepted, the Supplier may demand a reasonable charge for preparing the suggested solution. The charge shall be calculated according to documented time spent and on the basis of the hourly rates stated in Appendix 10, taking into account the Supplier's estimate. If the Supplier demonstrates in the suggested solution that the change request cannot be carried out due to technical or substantial functional considerations or that it cannot be implemented without significantly impacting the Solution or the Supplier's ability to fulfil its obligations under contrary within this Contract, should the Supplier Buyer commence use of Goods prior to any such Site Acceptance Test and/or completion of Faults reported on any Acceptance Report, then Buyer shall be entitled deemed to refuse to comply with have accepted the change request. The Supplier’s change request The Supplier's change requests shall be submitted to the Customer Goods as being in writing. The Supplier’s change request shall at least contain the information stated in Appendix 8. The Customer shall without undue delay full, working and not later than 10 (ten) Working Days after receipt process the request and inform in writing whether the requested change can be met. Failure on the part of the Customer to notify whether the request can be met shall be construed to be a rejection of the request. Where necessary in order to avoid major loss on the part of the Supplier, the Customer shall accept changes which only affect the Customer's benefit from the Solution to an insignificant degree and which do not cause additional costs or loss to the Customer. Change log The Supplier shall maintain a joint change log containing all relevant documentation regarding changes, including dated change requests, suggested solutions and signed amendments, cf. above. A further description of the change management procedure is set out in Appendix 8good order.

Acceptance Test. The purpose 7.1 If Buyer wishes to have an acceptance test made, such a test shall be agreed expressly in writing with Drillwerk when entering a contract. Unless otherwise agreed, the acceptance test shall be made at the place of manufacture, or at a place to be indicated by Drillwerk respectively, during the normal working hours of Drillwerk. In this connection, the general practice of the industry in question shall govern the acceptance test. drillwerk shall inform Xxxxx in due time of the acceptance test is so that Buyer may be present during the test, or may be represented by an authorized representative respectively. If the delivery item proves to verify whether the functionality offered is available be contrary to the Customer in the Solution offered. The acceptance test shall be executed in accordance with Appendix 7. The acceptance test shall be executed by the Supplier, it being understood that the Customer shall assist in the execution of the acceptance test. At the completion of contract during the acceptance test, drillwerk shall remedy any defect immediately and produce the Supplier contractual condition of the delivery item. Buyer may ask that the test be repeated only in cases of a major defect. An acceptance record shall submit a report with appropriate documentation regarding any missing/defective functionality and other significant events during be drawn up following the acceptance test. If the Customer approves the acceptance test with identified Defects, such Defects shall be recorded in a list of defects. The Customer shall only be obliged to approve the operational test when such Defects have essentially been remedied. The acceptance test shall continue until the acceptance criteria in Appendix 7 are fulfilled or until the Customer might terminate the Contract pursuant to the provisions in this respect. The Customer shall without undue delay, and not later than 5 Working Days after the acceptance test has been passed, inform the Supplier in writing demonstrated that the delivery item has been manufactured according to contract and operates properly, the two contracting parties shall confirm this at any rate. If Buyer or Xxxxx’s authorized representative is not present during the acceptance test is passed and approvedtest, in spite of having been informed thereof in due time by drillwerk, only drillwerk shall sign the acceptance record. Operational test The purpose In any event, Drillwerk shall send Buyer a copy of the operational test is acceptance record, the correctness of which Xxxxx may not contest, not even in those cases where Buyer or Buyer’s authorized representative was unable to verify whether sign it for lack of attending the Solution complies test. 7.2 Unless otherwise agreed, drillwerk shall bear the costs for performing the acceptance test. Buyer shall, however, bear any costs incurred by Buyer or Xxxxx’s representative in connection with the specified service level goalsacceptance test, cf. Appendix 5. The operational test shall be executed in accordance with Appendix 7. The operational test shall be executedsuch as, after the Acceptance Datefor example, by the Customer and/or a third party appointed by the Customer with the necessary assistance of the Supplier. At a notice of at least 10 (ten) Working Daystravel expenses, the Customer shall notify the Supplier of the time when the operational test will be executed. If the Customer has not commenced the operational test within 20 (twenty) Working Days after the Acceptance Date, the Supplier shall be entitled to submit a notice to the Customer demanding the operational test to be commenced. The Supplier's notice may state a time-limit within which the Customer must commence the execution of the operational test. However, the time-limit shall be at least 15 (fifteen) Working Days after the Customer's receipt of the Supplier's notice. If the Customer has not commenced the execution of the operational test before the expiry of the time-limit stipulated, the Customer's right to execute the operational test shall be cancelled provided that the Supplier in its notice has expressly stated that the Customer's failure to timely commence execution of the operational test shall cause the operational test to be cancelled. The operational test shall continue until the acceptance criteria in Appendix 7 have been fulfilled per diems or until the Customer might terminate the Contract according to the provisions in this respect. The Customer shall without undue delay, and not later than 10 Working Days after the operational test has been passed, inform the Supplier in writing that the operational test is passed and approved. Changes In the period after the clarification phase, each Party shall be entitled to request changes according to the guidelines below. Changes shall be carried out within the scope of the procurement rules in force at any time. After approval of the delivery, changes shall constitute an integral part of the Solution. Hence, from that time, the Supplier shall deliver the Services under the Contract in the changed form. The Contract shall not be changed in any other way than by amendments which shall be in writing and signed by both Parties in order to be legally valid. Such amendments shall be numbered consecutively and shall be issued in 2 (two) original copies, one of which shall rest with the Supplier and one with the Customer. However, changes regarding the Supplier’s contact information (addresses, e-mail, point of contact), the Customer’s name, e-mail and point of contact can be made by e-mail between the Parties. Such changes shall be valid when both Parties have confirmed receipt of such an e-mail. The Customer's change request The Customer’s change requests shall be submitted to the Supplier in writing. The Supplier shall without undue delay after receipt prepare an estimate of the expected charges expected to be involved in preparing a suggested solution. The estimate shall be based on the hourly rates stated in Appendix 10 and the expected time consumption. The estimate shall be submitted to the Customer for approval. If the Customer does not approve the estimate submitted, the Customer's change request shall be cancelled and the Supplier shall be entitled to charge a reasonable payment for preparing the estimate. The payment shall be calculated according to documented time spent and on the basis of the hourly rates set out in Appendix 10. On receipt of the Customer’s approval of the estimate, the Supplier shall initiate the processing and shall without undue delay and not later than 10 (ten) Working Days thereafter submit a suggested solution with the minimum contents described in Appendix 8. If the suggested solution is accepted, the Supplier's payment for the preparation thereof shall lapse. In case of disagreement between the Parties regarding the consequences of a change requested by the Customer, the Customer shall be entitled to the necessary insight into the basis of the Supplier’s suggested solution. Where price calculation models and similar trade secrets are involved, the Supplier may require that the review be undertaken by an independent third party who is subject to a duty of confidentiality. The Customer shall be entitled at any time to arrange for an independent third party, who is subject to a duty of confidentiality, to review the Supplier's suggested solution. The costs of the independent third party shall always be borne by the Customer. If the suggested solution is not accepted, the Supplier may demand a reasonable charge for preparing the suggested solution. The charge shall be calculated according to documented time spent and on the basis of the hourly rates stated in Appendix 10, taking into account the Supplier's estimate. If the Supplier demonstrates in the suggested solution that the change request cannot be carried out due to technical or substantial functional considerations or that it cannot be implemented without significantly impacting the Solution or the Supplier's ability to fulfil its obligations under this Contract, the Supplier shall be entitled to refuse to comply with the change request. The Supplier’s change request The Supplier's change requests shall be submitted to the Customer in writing. The Supplier’s change request shall at least contain the information stated in Appendix 8. The Customer shall without undue delay and not later than 10 (ten) Working Days after receipt process the request and inform in writing whether the requested change can be met. Failure on the part of the Customer to notify whether the request can be met shall be construed to be a rejection of the request. Where necessary in order to avoid major loss on the part of the Supplier, the Customer shall accept changes which only affect the Customer's benefit from the Solution to an insignificant degree and which do not cause additional costs or loss to the Customer. Change log The Supplier shall maintain a joint change log containing all relevant documentation regarding changes, including dated change requests, suggested solutions and signed amendments, cf. above. A further description of the change management procedure is set out in Appendix 8expenses.