Common use of Acceptance Test Clause in Contracts

Acceptance Test. If the Purchaser wants an acceptance test, this is to be expressly agreed with PENTANOVA GmbH in written form upon the conclusion of the agreement. Unless any provisions to the contrary have been made, the acceptance test is to be carried out at the place of production or at a place determined by PENTANOVA GmbH during the normal working hours of PENTANOVA GmbH. In doing so, the general practice of the relevant industry is controlling for the acceptance test. PENTANOVA GmbH shall inform the Purchaser of the acceptance test on a timely basis, such that the Purchaser can be present during the test or can be represented by an authorized representative. If, upon the acceptance test, the delivered item turns out to be contrary to the agreement, PENTANOVA GmbH shall immediately remedy any defect and produce the condition of the delivered item in accordance with the agreement. The Purchaser may demand that the test be repeated only in cases with substantial defects. An acceptance report is to be drawn up subsequent to an acceptance test. If the acceptance test has demonstrated that the delivered item has been manufactured according to the agreement and operates properly, this, in any event, is to be confirmed by the Purchaser and PENTANOVA GmbH. If, during the acceptance test, the Purchaser or its authorized representative is not present despite a timely notification by PENTANOVA GmbH, the acceptance report is to be signed only by PENTANOVA GmbH. In any event, PENTANOVA GmbH shall submit to the Purchaser one copy of the acceptance report, the correctness of which the Purchaser may then no longer dispute if it or its authorized representative was not able to sign it because of its failure to be present.