Common use of APPROVAL TEST AND DELIVERY DATE Clause in Contracts

APPROVAL TEST AND DELIVERY DATE. ‌ Unless otherwise agreed in Appendix 3, the Customer must examine the service for a period of 10 (ten) business days from the first business day after the Supplier has sent the delivery notification to the Customer (approval test). If the Customer approves the Service, the Customer will notify the Supplier of this in writing. The delivery date will be deemed to have taken place on the first business day after the notification has been sent. If the Customer rejects the service, notification of this must be sent to the Supplier before the expiry of the approval test. If such notification of rejection has not been sent before the end of the approval period, the delivery date will be deemed to have taken place on the first business day after the end of the approval test. The Customer may not reject the service if the error(s) is(are) immaterial to the Customer’s use. A and B errors will each be deemed to be material, with the exception of B errors that are not of material importance to the ability of the Customer to make ordinary use of the Service while error rectification takes place. C errors are deemed to be immaterial, unless several C errors imply, in aggregate, that approval would be clearly unreasonable. Errors in third-party deliverables give the same access to reject the service as other errors. Alternatively, the Customer may approve the service with errors in third-party deliverables. In such case, the Customer will be able to require a price reduction in accordance with clause 9.2.3 of the Agreement. Unless Appendix 3 specifies otherwise, the following error definitions are used: Leve l Category Description A Critical error - Error that results in the interruption of the service, a loss of data, or that other functions that, based on an objective assessment, are of critical importance to the Customer are not delivered or do not function as agreed. - The documentation is so incomplete or misleading that the Customer is unable to use the Service, or material parts thereof. B Serious error - Error that results in functions that, based on an objective assessment, are of importance to the Customer, not working as described in the Agreement, and which it is time-consuming or costly to work around. - The documentation being so incomplete or misleading, that the Customer is unable to use functions that, based on an objective assessment, are of importance to the Customer. C Less serious error - Error that results in individual functions not working as intended, but which can be worked around with relative ease by the Customer. - The documentation being incomplete or imprecise. Further description of the approval test, as well as other approval criteria or deadlines, may be agreed in Appendix 3.

APPROVAL TEST AND DELIVERY DATE. ‌ Unless otherwise agreed in Appendix 3, the Customer must examine the service for a period of 10 (ten) business days from the first business day after the Supplier has sent the delivery notification to the Customer (approval test). If the Customer approves the Service, the Customer will notify the Supplier of this in writing. The delivery date will be deemed to have taken place on the first business day after the notification has been sent. If the Customer rejects the service, notification of this must be sent to the Supplier before the expiry of the approval test. If such notification of rejection has not been sent before the end of the approval period, the delivery date will be deemed to have taken place on the first business day after the end of the approval test. The Customer may not reject the service if the error(s) is(are) immaterial to the Customer’s use. A and B errors will each be deemed to be material, with the exception of B errors that are not of material importance to the ability of the Customer to make ordinary use of the Service while error rectification takes place. C errors are deemed to be immaterial, unless several C errors imply, in aggregate, that approval would be clearly unreasonable. Errors in third-party deliverables give the same access to reject the service as other errors. Alternatively, the Customer may approve the service with errors in third-party deliverables. In such case, the Customer will be able to require a price reduction in accordance with clause 9.2.3 of the Agreement. Unless Appendix 3 specifies otherwise, the following error definitions are used: Leve l Category Description A Critical error - Error that results in the interruption of the service, a loss of data, or that other functions that, based on an objective assessment, are of critical importance to the Customer are not delivered or do not function as agreed. - The documentation is so incomplete or misleading that the Customer is unable to use the Service, or material parts thereof. B Serious error - Error that results in functions that, based on an objective assessment, are of importance to the Customer, not working as described in the Agreement, and which it is time-consuming or costly to work around. - The documentation being so incomplete or misleading, that the Customer is unable to use functions that, based on an objective assessment, are of importance to the Customer. C Less serious error - Error that results in individual functions not working as intended, but which can be worked around with relative ease by the Customer. - The documentation being incomplete or imprecise. Further description of the approval test, as well as other approval criteria or deadlines, may be agreed in Appendix 3.