Common use of AND/OR ACCEPTANCE TESTING Clause in Contracts

AND/OR ACCEPTANCE TESTING. Quality Assurance and/or acceptance testing (whichever is applicable) will be conducted in respect of the Services or Project in accordance with the Quality Assurance standards and/or acceptance testing criteria contained in Schedule B, alternatively attached to Part IV of this Agreement or to the relevant SOW (if any). The Customer’s duly authorised representative will sign off each Deliverable, provided that the Deliverable meets the specified Quality Assurance standards and/or acceptance testing criteria (if any). Where the Customer is of the view that the Services have not been rendered, alternatively the Project has not been executed in accordance with the specified Quality Assurance standards and/or acceptance testing criteria (if any), the Specified Objectives, the Specifications (if any), Good Industry Practice or the Standards of Performance (if any) set out in this Agreement, the Customer will issue a Rejection Notice to the Supplier. The Rejection Notice will contain details of the reasons why the Customer is of the opinion that the Services have not been rendered in accordance with the Quality Assurance standards and/or acceptance testing criteria. The Rejection Notice may afford the Supplier the opportunity of remedying, replacing or re-testing the relevant Deliverable(s) at the Supplier's cost and expense, within the period stipulated in the Rejection Notice. Such period will be mutually agreed between the Parties. In the event that the Customer again fails to accept the amended Deliverable/s or any part thereof within 5 (five) Business Days of the Customer receiving such Deliverable/s, the Customer will be entitled, to: require the Supplier to provide a work-around until such time as the requisite Deliverable is accepted by the Customer; or receive a refund for any Service Fee paid for such rejected Deliverable(s) and/or any related Services; or retain the amount or percentage reflected as Retention in Schedule A (if any), alternatively in the relevant SOW until such time as the requisite Deliverable is accepted by the Customer; or appoint a third party service provider to take over the Services or the Project from the Supplier and claim damages, if any suffered by the Customer from the Supplier; or claim any damages suffered by the Customer from the Supplier. Final acceptance will only occur when the Customer certifies in writing that it is satisfied that each and every Deliverable related to the Services or Project, whichever is applicable, has been completed to its satisfaction. All costs incurred by the Supplier as a result of the Customer exercising its rights in terms of this clause will be for the Supplier's account, unless it is found by way of dispute resolution or otherwise, that final acceptance of the Deliverable(s) was wrongfully refused or delayed. Payment by the Customer under this Agreement will not be construed as acceptance by the Customer of any Deliverables. Any acceptance of the Deliverables will not relieve the Supplier of its warranty obligations or liability in terms of this Agreement. The issuing by the Customer of a Rejection Notice will not affect the Supplier’s liability for the payment of any Penalties (if such Penalties are agreed and recorded in Schedule D and/or the relevant SOW) due to the Customer in terms of clause 41..

AND/OR ACCEPTANCE TESTING. Quality Assurance and/or acceptance testing (whichever is applicable) will be conducted in respect of the Services or Project in accordance with the Quality Assurance standards and/or acceptance testing criteria contained in Schedule B, alternatively attached to Part IV of this Agreement or to the relevant SOW (if any). The Customer’s duly authorised representative will sign off each Deliverable, provided that the Deliverable meets the specified Quality Assurance standards and/or acceptance testing criteria (if any). Where the Customer is of the view that the Services have not been rendered, alternatively the Project has not been executed in accordance with the specified Quality Assurance standards and/or acceptance testing criteria (if any), the Specified Objectives, the Specifications (if any), Good Industry Practice or the Standards of Performance (if any) set out in this Agreement, the Customer will issue a Rejection Notice to the Supplier. The Rejection Notice will contain details of the reasons why the Customer is of the opinion that the Services have not been rendered in accordance with the Quality Assurance standards and/or acceptance testing criteria. The Rejection Notice may afford the Supplier the opportunity of remedying, replacing or re-testing the relevant Deliverable(s) at the Supplier's cost and expense, within the period stipulated in the Rejection Notice. Such period will be mutually agreed between the Parties. In the event that the Customer again fails to accept the amended Deliverable/s or any part thereof within 5 (five) Business Days of the Customer receiving such Deliverable/s, the Customer will be entitled, to: require the Supplier to provide a work-around until such time as the requisite Deliverable is accepted by the Customer; or receive a refund for any Service Fee paid for such rejected Deliverable(s) and/or any related Services; or retain the amount or percentage reflected as Retention in Schedule A (if any), alternatively in the relevant SOW until such time as the requisite Deliverable is accepted by the Customer; or appoint a third party service provider to take over the Services or the Project from the Supplier and claim damages, if any suffered by the Customer from the Supplier; or claim any damages suffered by the Customer from the Supplier. Final acceptance will only occur when the Customer certifies in writing that it is satisfied that each and every Deliverable related to the Services or Project, whichever is applicable, has been completed to its satisfaction. All costs incurred by the Supplier as a result of the Customer exercising its rights in terms of this clause will be for the Supplier's account, unless it is found by way of dispute resolution or otherwise, that final acceptance of the Deliverable(s) was wrongfully refused or delayed. Payment by the Customer under this Agreement will not be construed as acceptance by the Customer of any Deliverables. Any acceptance of the Deliverables will not relieve the Supplier of its warranty obligations or liability in terms of this Agreement. The issuing by the Customer of a Rejection Notice will not affect the Supplier’s liability for the payment of any Penalties (if such Penalties are agreed and recorded in Schedule D and/or the relevant SOW) due to the Customer in terms of clause 4140..

AND/OR ACCEPTANCE TESTING. Quality Assurance and/or acceptance testing (whichever is applicable) will be conducted in respect of the Services or Project in accordance with the Quality Assurance standards and/or acceptance testing criteria contained in Schedule B, alternatively attached to Part IV of this Agreement or to the relevant SOW (if any). The Customer’s duly authorised representative will sign off each Deliverable, provided that the Deliverable meets the specified Quality Assurance standards and/or acceptance testing criteria (if any). Where the Customer is of the view that the Services have not been rendered, alternatively the Project has not been executed in accordance with the specified Quality Assurance standards and/or acceptance testing criteria (if any), the Specified Objectives, the Specifications (if any), Good Industry Practice or the Standards of Performance (if any) set out in this Agreement, the Customer will issue a Rejection Notice to the Supplier. The Rejection Notice will contain details of the reasons why the Customer is of the opinion that the Services have not been rendered in accordance with the Quality Assurance standards and/or acceptance testing criteria. The Rejection Notice may afford the Supplier the opportunity of remedying, replacing or re-testing the relevant Deliverable(s) at the Supplier's cost and expense, within the period stipulated in the Rejection Notice. Such period will be mutually agreed between the Parties. In the event that the Customer again fails to accept the amended Deliverable/s or any part thereof within 5 (five) Business Days of the Customer receiving such Deliverable/s, the Customer will be entitled, to: require the Supplier to provide a work-around until such time as the requisite Deliverable is accepted by the Customer; or receive a refund for any Service Fee paid for such rejected Deliverable(s) and/or any related Services; or retain the amount or percentage reflected as Retention in Schedule A (if any), alternatively in the relevant SOW until such time as the requisite Deliverable is accepted by the Customer; or appoint a third party service provider to take over the Services or the Project from the Supplier and claim damages, if any suffered by the Customer from the Supplier; or claim any damages suffered by the Customer from the Supplier. Final acceptance will only occur when the Customer certifies in writing that it is satisfied that each and every Deliverable related to the Services or Project, whichever is applicable, has been completed to its satisfaction. All costs incurred by the Supplier as a result of the Customer exercising its rights in terms of this clause will be for the Supplier's account, unless it is found by way of dispute resolution or otherwise, that final acceptance of the Deliverable(s) was wrongfully refused or delayed. Payment by the Customer under this Agreement will not be construed as acceptance by the Customer of any Deliverables. Any acceptance of the Deliverables will not relieve the Supplier of its warranty obligations or liability in terms of this Agreement. The issuing by the Customer of a Rejection Notice will not affect the Supplier’s liability for the payment of any Penalties penalties (if such Penalties penalties are agreed and recorded in Schedule D and/or the relevant SOW) due to the Customer in terms of clause 41..Customer.