Common use of Approval of the Customer acceptance test Clause in Contracts

Approval of the Customer acceptance test. If the Customer approves the acceptance test, the Customer shall give the Contractor written notice to such effect without undue delay. The acceptance test is under any circumstance deemed to be approved unless the Customer has notified the Contractor in writing, within ten (10) working days after the expiry of the acceptance test period, including any extensions because of matters as described in clause 2.4.5, stating that it is not approved. The acceptance test is also deemed to have been approved if the Customer opts to put the software into operation. The Customer may not refuse to approve the test on the basis of matters that are immaterial for purposes of the Customer’s use of the deliverables. A and B errors are deemed to be individually material, with the exception of B errors that are not of material importance to the ability of the Customer to put the software into operation and commence the approval period. C errors are deemed to be immaterial, unless several C errors imply, in aggregate, that approval would be clearly unreasonable. Other, or more detailed, acceptance criteria may be described in Appendix 5. Errors that have only occurred once, and which it has not been possible to reproduce during the acceptance test period, are not deemed to be errors for the purpose of approving the test. If the Customer refuses approval, the reasons for this shall be explained in writing with a statement of which errors are preventing approval. If the Contractor wishes to argue that the refusal is unjustified, including that the Contractor disagrees with the categorisation of errors, written notice shall be given to such effect, which notice shall be given within five (5) working days. If the Customer still refuses to approve the test, the dispute shall be resolved pursuant to chapter 16. The Contractor shall in all circumstances rectify the asserted errors as quickly as possible. If the Contractor does not dispute the Customer’s refusal, the Contractor shall within five (5) working days send the Customer a timetable for repairing the errors. The Contractor shall give written notice to the Customer when the repairs have been carried out. Repairs are not deemed to be performed until they have been properly tested by the Contractor and the acceptance test of the Customer. The Contractor's tests shall cover all parts of the deliverables that may be affected by the errors. The Customer shall, as soon as the Contractor has given notice stating that the errors have been repaired and tested, resume its acceptance test. The Customer shall be entitled to a reasonable amount of additional time for purposes of carrying out such testing. If, at the end of the acceptance test, the deliverables have errors and deviations that would entitle the Customer to reject the deliverables, the Customer may nevertheless choose to accept them with reservations. If the Customer chooses to accept with reservations and references to the agreed rectification plan, and the rectification plan is not complied with, the remedies shall apply as if the acceptance test was rejected (delay) from this point in time. If the Customer, during the last five (5) working days of the acceptance test, reports an error to the Contractor for the first time that in principle prevents approval, the error shall be deemed to be covered by the agreed rectification plan. Such errors shall be rectified within ten (10) working days after the end of the acceptance test. The Customer shall then have five (5) working days to test the rectified errors. If the errors have not been rectified within the ten-day deadline, the remedies shall apply as if the acceptance test was extended (delay). The approval period may only commence when the acceptance test has been approved. The Customer's approval of the acceptance test shall not prevent the Customer from demanding, during the approval period, the rectification of errors or defects that the Customer did not discover during the acceptance test, or errors that have not been rectified by the Contractor during the acceptance test period.

Approval of the Customer acceptance test. ‌ If the Customer approves the acceptance test, the Customer shall give the Contractor written notice to such effect without undue delay. The acceptance test is under any circumstance deemed to be approved unless the Customer has notified the Contractor in writing, within ten (10) working days after the expiry of the acceptance test period, including any extensions because of matters as described in clause 2.4.5, stating that it is not approved. The acceptance test is also deemed to have been approved if the Customer opts to put the software into operation. The Customer may not refuse to approve the test on the basis of matters that are immaterial for purposes of the Customer’s use of the deliverables. A and B errors are deemed to be individually material, with the exception of B errors that are not of material importance to the ability of the Customer to put the software into operation and commence the approval period. C errors are deemed to be immaterial, unless several C errors imply, in aggregate, that approval would be clearly unreasonable. Other, or more detailed, acceptance criteria may be described in Appendix 5. Errors that have only occurred once, and which it has not been possible to reproduce during the acceptance test period, are not deemed to be errors for the purpose of approving the test. If the Customer refuses approval, the reasons for this shall be explained in writing with a statement of which errors are preventing approval. If the Contractor wishes to argue that the refusal is unjustified, including that the Contractor disagrees with the categorisation of errors, written notice shall be given to such effect, which notice shall be given within five (5) working days. If the Customer still refuses to approve the test, the dispute shall be resolved pursuant to chapter 16. The Contractor shall in all circumstances rectify the asserted errors as quickly as possible. If the Contractor does not dispute the Customer’s refusal, the Contractor shall within five (5) working days send the Customer a timetable for repairing the errors. The Contractor shall give written notice to the Customer when the repairs have been carried out. Repairs are not deemed to be performed until they have been properly tested by the Contractor and the acceptance test of the Customer. The Contractor's tests shall cover all parts of the deliverables that may be affected by the errors. The Customer shall, as soon as the Contractor has given notice stating that the errors have been repaired and tested, resume its acceptance test. The Customer shall be entitled to a reasonable amount of additional time for purposes of carrying out such testing. If, at the end of the acceptance test, the deliverables have errors and deviations that would entitle the Customer to reject the deliverables, the Customer may nevertheless choose to accept them with reservations. If the Customer chooses to accept with reservations and references to the agreed rectification plan, and the rectification plan is not complied with, the remedies shall apply as if the acceptance test was rejected (delay) from this point in time. If the Customer, during the last five (5) working days of the acceptance test, reports an error to the Contractor for the first time that in principle prevents approval, the error shall be deemed to be covered by the agreed rectification plan. Such errors shall be rectified within ten (10) working days after the end of the acceptance test. The Customer shall then have five (5) working days to test the rectified errors. If the errors have not been rectified within the ten-day deadline, the remedies shall apply as if the acceptance test was extended (delay). The approval period may only commence when the acceptance test has been approved. The Customer's approval of the acceptance test shall not prevent the Customer from demanding, during the approval period, the rectification of errors or defects that the Customer did not discover during the acceptance test, or errors that have not been rectified by the Contractor during the acceptance test period.