Common use of Completion Acceptance Clause in Contracts

Completion Acceptance. B.1.1. The Contractor shall make every effort to deliver the Materials in accordance with the Specifications for acceptance by the Client. B.1.2. When the Materials have been delivered to the Client for acceptance, the Client will subject these to an Acceptance test at his own expense and under his own responsibility during the acceptance period of one week. By accepting the Materials, the Client discharges the Contractor in respect of all its obligations concerning the Results. B.1.3. If the Client does not reject the Materials (wholly or in part) within the period mentioned in paragraph 2, they shall be deemed to have been accepted and delivered. B.1.4. The Client shall also be deemed to have accepted the Materials if the Client has started to use the Materials or if the Client has not informed the Contractor in writing, within ten days after delivery at the latest, that and for what reason he does not accept the Materials. B.1.5. If Materials are not accepted, Contractor shall specify which adjustments will be made and the time or costs involved. The Client shall subsequently indicate whether he agrees to the said adjustments and the corresponding time and costs or whether he refrains from rejection. The Contractor will make every effort to remedy the Faults identified by the Client and reproducible within the period agreed by the parties and, in the absence thereof, within a reasonable period. B.1.6. The implementation of adjustments following a rejection of a Material can take place on a production environment or on an acceptance environment. This is at the discretion of Contractor. B.1.7. If the Client has accepted the Results (with the exception of Faults in functionalities and external appearance; minor Faults), the guarantee period of 30 days will commence. Within this period, the Results are deemed accepted, but Faults may be reported that could not reasonably have been discovered during the Acceptance Test. The Contractor will specify and supplement any Faults with the expected time and, if the Faults cannot be easily remedied within 30 days, any additional costs for modification of those parts. This guarantee period is therefore not an extended Acceptance Test and does not provide any more guarantees than those stipulated in this paragraph. B.1.8. Minor Faults, including Faults which, by their nature and/or number, do not reasonably prevent the Commercial use of the Materials, shall not be a reason for withholding acceptance, without prejudice to Contractor's obligation to remedy such Faults. Parties shall consult with each other in this respect. B.1.9. If the Project is performed in phases, Client shall approve or disapprove the Materials of that phase upon completion of each phase, and the procedure set forth above shall also apply. The Client shall not base an approval or disapproval of the Materials of a later phase on items approved in an earlier phase. B.1.10. The Contractor is entitled to postpone commencement of a new phase until the Client has explicitly accepted the former phase. B.1.11. The Contractor does not guarantee that the achievement aimed at by the Client through the works developed or to be developed by the Contractor will actually be made. B.1.12. The Contractor shall make every effort to develop and provide its products/works as well as possible and as much as possible error-free. B.1.13. The Contractor is entitled to set up temporary solutions, whereby certain functionalities are limited in order to prevent serious errors.

Appears in 4 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

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Completion Acceptance. B.1.1. B.1.1 The Contractor shall make every effort to deliver the Materials in accordance with the Specifications for acceptance accept- ance by the Client. B.1.2. B.1.2 When the Materials have been delivered to the Client for acceptance, the Client will subject these to an Acceptance test at his own expense and under his own responsibility during the acceptance period of one week. By accepting the MaterialsMate- rials, the Client discharges the Contractor in respect of all its obligations concerning the Results. B.1.3. B.1.3 If the Client does not reject the Materials (wholly or in part) within the period mentioned in paragraph 2, they shall be deemed to have been accepted and delivered. B.1.4. B.1.4 The Client shall also be deemed to have accepted the Materials if the Client has started to use the Materials or if the Client has not informed the Contractor in writing, within ten days after xxxx delivery at the latest, that and for what reason he does not accept the Materials. B.1.5. B.1.5 If Materials are not accepted, Contractor shall specify which adjustments will be made and the time or costs involvedin- volved. The Client shall subsequently indicate whether he agrees to the said adjustments and the corresponding time and costs or whether he refrains from rejection. The Contractor will make every effort to remedy the Faults identified by the Client and reproducible within the period agreed by the parties and, in the absence thereof, within a reasonable period. B.1.6. B.1.6 The implementation of adjustments following a rejection of a Material can take place on a production environment environ- ment or on an acceptance environment. This is at the discretion of Contractor. B.1.7. B.1.7 If the Client has accepted the Results (with the exception of Faults in functionalities and external appearance; minor Faults), the guarantee period of 30 days will commence. Within this period, the Results are deemed accepted, but Faults may be reported that could not reasonably have been discovered during the Acceptance Test. The Contractor will specify and supplement any Faults with the expected time and, if the Faults cannot be easily remedied within 30 days, any additional costs for modification of those parts. This guarantee period is therefore not an extended Acceptance Test and does not provide any more guarantees than those stipulated in this paragraph. B.1.8. B.1.8 Minor Faults, including Faults which, by their nature and/or number, do not reasonably prevent the Commercial use of the Materials, shall not be a reason for withholding acceptance, without prejudice to Contractor's ’s obligation to remedy rem- edy such Faults. Parties shall consult with each other in this respect. B.1.9. B.1.9 If the Project is performed in phases, Client shall approve or disapprove the Materials of that phase upon completion comple- tion of each phase, and the procedure set forth above shall also apply. The Client shall not base an approval or disapproval of the Materials of a later phase on items approved in an earlier phase. B.1.10. B.1.10 The Contractor is entitled to postpone commencement of a new phase until the Client has explicitly accepted the former phase. B.1.11. B.1.11 The Contractor does not guarantee that the achievement aimed at by the Client through the works developed or to be developed by the Contractor will actually be made. B.1.12. B.1.12 The Contractor shall make every effort to develop and provide its products/works as well as possible and as much as possible error-free. B.1.13. B.1.13 The Contractor is entitled to set up temporary solutions, whereby certain functionalities are limited in order to prevent serious errors.

Appears in 1 contract

Samples: General Terms and Conditions

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