SMT XXXXXX XXXXXXXX, daughter of Sri Pawan Kumar Xxxxxxxx, by occupation – Housewife, (4) XXXXXXX XXXXXXXX, daughter of Sri Pawan Kumar Xxxxxxxx, by occupation – Others , all are by faith – Hindu, by Nationality – Indian, all are residing at Radhanagar Road, P.O. Burnpur, P.S. – Haripur, District – Burdwan, presently residing at Kamalgazi, P.S. Sonarpur, Kolkata – 700103, SRI PAWAN KUMAR XXXXXXXX, SMT. XXXXXXX XXXX XXXXXXXX, SMT. XXXXXX XXXXXXXX and XXXXXXX XXXXXXXX all are being represented by their Constituted Attorney, “M/S. RAJWADA GROUP” (PAN- XXXXX0000X), a Partnership Firm having its registered office at 00, Xxxxxxxx Xxxxxx Xxxx, Xxxxxxxxxxxx, Xxxxx, P.S. Sonarpur, Kolkata -700 084, duly represented by its authorised signatory SRI XXXXXX XXXXXXX (PAN- XXXXX0000X), son of Late Xxxxxxxx Xxxxx Agarwal, by faith- Hindu, by Nationality- Indian, by occupation-Business, residing at 00, Xxxxxxxx Xxxxxx Xxxx, Xxxxxxxxxxxx, Xxxxx, Police Station Sonarpur, Kolkata- 700 084, and also residing at “Narendra Bhawan”, Kamalgazi, Post Office- Narendrapur, Police Xxxxxxx Xxxxxxxx, Xxxx Xxxxx 00 Xxxxxxxx, Xxxxxxx – 700103, by virtue of a Development Power of Attorney which was duly registered on 25th March, 2015, before the office of the D.S.R. IV, South 24 Parganas at Alipore which is recorded in its Book Xx. 0, XX Xxxxxx Xx. 0, pages from 5832 to 5845, Being no. 02580 for the year 2015, hereinafter called and referred to as the “OWNERS/VENDORS” (which term or expression shall unless excluded by or repugnant to the context be deemed to mean and include their heirs, executors, administrators, legal representatives and assigns) of the FIRST PART. “M/S. RAJWADA GROUP” (PAN- XXXXX0000X), a Partnership firm having its registered office at 00, Xxxxxxxx Xxxxxx Xxxx, Xxxxxxxxxxxx, Post Office- Garia, P.S. Sonarpur, Kolkata – 700084, duly represented by its represented by one of its Partners and Constituted Attorney by virtue of registered General Power of Attorney dated 29.01.2015, registered at the Office of the Additional District Sub Registrar at Garia and recorded in Book No. IV, CD. Volume No. I, Pages from 207 to 216, Being No. 00021 for the year 2015 namely, SRI XXXXXX XXXXXXX, son of Late Xxxxxxxx Xxxxx Agarwal, by occupation- Business, by religion- Hindu, by- Nationality- Indian, residing at 00, Xxxxxxxx Xxxxxx Xxxx, Xxxxxxxxxxxx, Xxxxx, Post Office-Garia, Police Station-Sonarpur, Kolkata-700 084, hereinafter collectively referred to as the ‘DEVELOPER’ (which expression shall unless excluded by or repugnant to the context be deemed to mean and include his heirs, executors, administrators, legal representatives, and assigns) of the SECOND PART. ………, by religion - ……….., by Nationality- ……….., by occupation- ……………, residing at …………………., hereinafter called and referred to as the “PURCHASER” (which term or expression shall unless excluded by or repugnant to the context be deemed to mean and include his/her/their heirs executors, administrators, legal representatives and assigns) of the THIRD PART.
Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.