Acceptance Tests. 11.1 If the Contract provides acceptance tests for Goods and/or the result of Services after their completion and/or delivery to the Purchaser, the acceptance shall only be considered as definitive when such tests have demonstrated the compliance of the Goods and/or the result of the Services to the requirements in the Contract.
11.2 Where the Contract provides for an acceptance procedure in the presence of both parties, at the successful completion of such procedure, the Purchaser shall issue the Supplier with an acceptance certificate which shall authorise the Supplier to invoice the Purchaser for any payment due on such acceptance.
11.3 The Purchaser shall at its discretion be entitled to issue and acceptancecertificate with reserves. The Supplier shall be obliged to remedy any non-conformities within the period set out in the acceptance certificate. Any payment which would otherwise have been due on acceptance may be withheld by the Purchaser in whole or part until the non- conformities underlying the reserves have been remedied.
Acceptance Tests. (a) Contractor shall not commence the Acceptance Tests for a Unit or the Facility until such Unit or the Facility has achieved Mechanical Completion. Notwithstanding anything contained in the immediately preceding sentence to the contrary, Contractor shall be permitted to run tests on individual items of equipment for purposes of (i) verifying Subcontractor requirements, (ii) satisfying emissions requirements; provided, however, that (A) such equipment can be run without damage to the Facility or any property and without injury to any other person and (B) Contractor shall not, by virtue of performing such tests, be relieved of any of its obligations under this Agreement, including without limitation, the obligations to demonstrate that the Facility can be operated in compliance with all Laws. In preparing for the performance of the Acceptance Tests, Contractor shall reasonably cooperate with Power Purchaser, Operator and the natural gas supplier(s) for purposes of scheduling, safety, coordination of activities and similar matters. Contractor shall perform the Acceptance Tests at its sole expense, with all costs thereof payable out of the Contract Price, except for costs of Consumables provided by Owner pursuant to Section 4.1 and the operating personnel provided by Owner pursuant to Section 4.6. Contractor shall provide a Notice to Owner at least twenty (20) Days prior to the date that Contractor expects the Work to be ready for each Acceptance Tests (the "Acceptance Testing Notice").
(i) Contractor shall conduct the Performance Tests as described in Exhibit A to verify compliance of each Unit with the Performance Guarantees. If the Performance Tests demonstrate that the Performance Guarantees have been met, Contractor shall tender such Unit to Owner, subject to the satisfaction of the other requirements for Substantial Completion, and Owner shall pay to Contractor the bonuses, if any, set forth in Section 12.4(c) within thirty (30) Days of receiving a written invoice therefor from Contractor.
(ii) If the Performance Tests demonstrate that any of the Performance Guarantees have not been met, Contractor shall diligently take corrective action until subsequent Performance Tests demonstrate that all Performance Guarantees have been met or Contractor has tendered the Unit pursuant to clause (iii) below. During this period, Contractor may repeat the Performance Tests as many times as necessary to achieve the Performance Guarantees, subject to the limitations se...
Acceptance Tests. For each Stage, Spark will be entitled to conduct such inspections and tests as Spark reasonably considers necessary to satisfy itself that the Deliverables are suitable to be accepted and put into live operation for Spark or its customers (Acceptance Tests). Spark will ensure that the Acceptance Tests are objective, verifiable and compliant with any testing or acceptance requirements set out in the relevant Letter Agreement or PO. Without limiting the foregoing, the Acceptance Tests may include any tests commonly conducted as a matter of Good Industry Practice for deliveries of comparable complexity, scale and risk.
Acceptance Tests. 7.1 Following the delivery of the Software (excluding New Releases), Oneserve shall provide you with such assistance with the implementation of the Software as may reasonably be required.
7.2 You shall be responsible for the delivery of the proposed user acceptance criteria to test data for acceptance testing of the Software (excluding New Releases) (“Acceptance Tests”).
7.3 You shall carry out the agreed Acceptance Tests for the Software within any timescales agreed for testing following the analysis stage (“Timescales”) and allow Oneserve to observe all or any part of the testing (“Acceptance Testing”).
7.4 If the Software fails to pass the Acceptance Tests, you shall, within the Timescales, provide a written notice to Oneserve to this effect, giving details of such failure(s). Oneserve shall remedy the defects and/or deficiencies and the relevant test(s) shall be repeated within a reasonable time.
7.5 If the Software fails in some material respect to pass any repeated Acceptance Tests within any relevant Timescales, then you may, by written notice to Oneserve, choose at your sole discretion:
7.5.1. to fix (without prejudice to your other rights and remedies) a new date for carrying out further tests on the Software on the same terms and conditions. If the Software fails such further tests then you may request a repeat test under this clause 7.5.1;
7.5.2. to permit installation of the Software subject to such change of acceptance criteria, amendment of the Specification Document and/or reduction in the Licence Fees as, after taking into account all the relevant circumstances, is reasonable; or
7.5.3. if Oneserve is unable to correct material defects within the relevant Timescales from the commencement of Acceptance Testing, to reject the Software as not being in conformity with the Agreement, in which event you may terminate the Agreement, subject to paying all reasonable costs.
7.6 Acceptance of the Software shall be deemed to have occurred on whichever is the earliest of:
7.6.1. the written approval by you confirming the acceptance for the Software to pass the Acceptance Tests;
7.6.2. the expiry of five days after the completion of all the Acceptance Tests, unless you have given any written notice under clause 7.5;
7.6.3. the expiry of twenty days after the installation of the Software if the Acceptance Tests have not started, or have not been pursued with due diligence; or
7.6.4. the use by you of Software in a live production environment.
7.7 Oneserv...
Acceptance Tests. 12.1 Should the Agreement require separate acceptance tests, the tests shall be carried out in accordance with the Agreement. If the Agreement does not specify the requirements, the tests shall be carried out in accordance with general practice in the lifting equipment industry in the country of manufacture.
12.2 The Seller shall notify the Buyer of the tests on sufficient time to permit the Buyer to be represented. If the Buyer is not represented, the test report shall be sent to the Buyer and shall be deemed accepted as accurate.
12.3 If the tests show the Equipment not to be in accordance with the Agreement, the Seller shall without delay remedy to any defect in order to ensure that the Equipment complies with the Agreement. New tests shall then be carried out at Buyer's request, unless the defect was insignificant.
12.4 Any costs relevant to tests carried out at the manufacturing site shall be borne by the Seller. The Buyer shall bear entirely its own costs, including, but not limited to, travelling and living expenses incurred by the Buyer's representatives in connection with such tests.
Acceptance Tests. 6.1 For initial internal testing of the Software Xxxx will carry out its own testing with draft data (or if agreed the Customer shall supply its own non-specific data) (Draft Test Data) to Xxxx suitable to test whether the Software operates in accordance with the Specification together with the results (Draft Test Results) it would reasonably expect to be achieved by processing the Draft Test Data using the Software.
6.2 Provided that Xxxx is satisfied that the Software has passed the internal testing process set out in clause 6.1 above Xxxx will deliver the Software to the Customer for it to carry out its own formal testing on its own data. The Customer shall prior to installation supply data (Test Data) to Xxxx suitable to test whether the Software operates in accordance with the Specification (Acceptance Testing) together with the results (Test Results) it reasonably expects to be achieved by processing the Test Data using the Software.
6.3 If Xxxx can show the Customer that the Test Data or Test Results are not suitable for Acceptance Testing, the Customer shall make such amendments to the Test Data and Test Results as Xxxx may reasonably request and provide the amended versions to Xxxx within seven days of the request.
6.4 Within seven days of receipt of the Software together with suitable Test Data and Test Results, the Customer shall carry out Acceptance Testing and shall give Xxxx at least 24 hours’ notice of the start of the Acceptance Testing, and permit Xxxx to observe all or any part of the testing.
6.5 If any Software Module fails to pass the Acceptance Testing, the Customer shall, within seven days from the completion of the Acceptance Testing or any part of these tests, provide a written notice to this effect to Xxxx’x project manager, giving details of such failure(s). Xxxx shall remedy the defects and/or deficiencies and the relevant test(s) shall be repeated by the Customer within a reasonable time.
6.6 If any Software Module fails in some material respect to pass any repeated Acceptance Testing within four weeks from the date of its second submission to the Acceptance Testing, then the Customer may, by written notice to Xxxx, choose at its sole discretion:
6.6.1 to fix (without prejudice to the Customer’s other rights and remedies) a new date for carrying out further tests on the Software Module on the same terms and conditions. If the Software Module fails, such further tests then the Customer may request a repeat test under this clause...
Acceptance Tests the acceptance tests (if any) for each Phase of the Project set out in the Statement of Work to demonstrate that the Software meets the Specification. Affiliate: of a Party means any Person which, during the Term, is a subsidiary or sister company, or representative of that Party in which the relevant party, directly or indirectly, owns more than 50% of the shares or is under common control Agreement: means each Statement of Work or Order Form together with this Professional Services Agreement and any schedules, appendices and documents referenced in this Agreement.
Acceptance Tests. Acceptance test procedures for final manufacturing testing are as set forth in Exhibit E of this contract.
Acceptance Tests. The Seller shall be required to undertake Acceptance Tests as detailed on the Purchase Order and/or in any Attachment.
Acceptance Tests. 45.1 This Clause applies when the Goods which are the subject matter of the Contract require formal acceptance testing.
45.1.1 In this Clause, "Acceptance Tests" means:
