Common use of Acceptance Testing and Acceptance Clause in Contracts

Acceptance Testing and Acceptance. Notwithstanding prior inspection or testing, payment, or passage of title, all Goods shall be subject to final acceptance testing (“Final Acceptance Testing”) after installation at the installation site to validate performance against Seller’s quoted Technical Specifications. Final Acceptance Testing will be performed by Seller’s operator and consist of (i) Seller’s standard acceptance-test procedure which checks all aspects of Goods performance against Seller’s quoted Technical Specification and (ii) any additional tests that are mutually agreed upon and specified in the purchase order or statement of work referencing these Terms and Conditions. Upon successful completion of the Final Acceptance Testing, the Goods shall be accepted, and Buyer shall sign and deliver to Seller the Seller’s acceptance certificate (“Installation Completion”). Notwithstanding the foregoing, the Goods including any software shall be deemed accepted and the written acceptance form certifying Installation Completion shall be deemed executed by Buyer upon the earlier of either of the following two conditions; (x) in the event the Goods are placed into production by Buyer at the Installation Site; or (y) no later than 3 months after the date of delivery as determined by the terms of shipment.

Appears in 11 contracts

Samples: Terms and Conditions of Sale, Terms and Conditions of Sale, Terms and Conditions of Sale

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Acceptance Testing and Acceptance. Notwithstanding prior inspection or testing, payment, or passage of title, all Goods shall be subject to final acceptance testing (“Final Acceptance Testing”) after installation at the installation site to validate performance against Seller’s quoted Technical Specifications. Final Acceptance Testing will be performed by Seller’s operator and consist of (i) Seller’s standard acceptance-test procedure which checks all aspects of Goods performance against Seller’s quoted Technical Specification and (ii) any additional tests that are mutually agreed upon and specified in the purchase order or statement of work referencing these Terms and Conditions. Upon successful completion of the Final Acceptance Testing, the Goods shall be accepted, and Buyer shall sign and deliver to Seller the Seller’s acceptance certificate (“Installation Completion”). Notwithstanding the foregoing, the Goods including any software shall be deemed accepted and the written acceptance form certifying Installation Completion shall be deemed executed by Buyer upon the earlier of either of the following two conditions; (x) in the event the Goods are placed into production by Buyer at the Installation Site; or (y) no later than 3 6 months after the date of delivery as determined by the terms of shipment.

Appears in 1 contract

Samples: Terms and Conditions of Sale

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