Common use of Delivery, Installation and Acceptance of Equipment Clause in Contracts

Delivery, Installation and Acceptance of Equipment. 7.1 The Supplier shall deliver the Equipment on the date specified in the Purchase Order or, if no such date is specified, within 28 days of the date of the Purchase Order. Time is of the essence as to the delivery of the Equipment under the Contract. If any delivery specified in the Purchase Order cannot be met, the University may: a) cancel the Contract in whole or in part without liability to the University; b) refuse to accept any subsequent delivery of items comprised in the Equipment which the Supplier attempts to make; c) purchase substitute items elsewhere; and d) hold the Supplier accountable for any loss and additional costs incurred. 7.2 The Equipment shall be properly packed and secured in such manner as to enable it to reach its destination in good condition. No charge shall be made for wrapping, packing, cartons, boxes, crating or containers unless specified in the Purchase Order, and the University shall not be responsible for returning any such materials. 7.3 The Equipment shall be delivered by the Supplier carriage free to the place of delivery specified in the Purchase Order, or as otherwise specified by the University by means of advice notes quoting the University's order number. The Equipment shall be received at the place of delivery, subject to the University's inspection and approval. Any Equipment which the University rejects as not conforming with the Purchase Order shall be returned at the Supplier´s risk and expense. 7.4 Unless the University and the Supplier have, before or at the same time as the Purchase Order, agreed in writing (signed on behalf of the University) additional conditions regarding preparation of or environmental requirements at the site at which the Equipment is to be installed, the Supplier acknowledges and agrees that the Equipment is suitable to be installed and used at the premises at which the University intends to use it and that there are no additional conditions regarding site preparation or environmental requirements. 7.5 In relation to installation and acceptance tests: a) except where Condition 7.5(e) applies, the Supplier shall, without further charge to the University, install the Equipment at the premises at which the University intends to use it and subject the Equipment to its standard installation and acceptance tests; b) if the Equipment passes those tests, the supplier will issue an acceptance certificate to that effect to the University, but receipt by the University of such an acceptance certificate will not constitute legal acceptance by the University; c) if the Equipment does not (on any attempt) pass those tests, the Supplier will (without affecting the University’s other rights and remedies) promptly and at its expense carry out all necessary remedial work and re-submit the Equipment to the tests as set out in Condition 7.5(a) and Condition 7.5(b); d) If all the tests have not been successfully completed within 21 days after delivery, the University shall have the same rights as it would have had if the Supplier had not performed its obligations under Condition 7.1; e) if the University and the Supplier have, before or at the same time as the Purchase Order, agreed otherwise in writing (signed on behalf of the University), then the University (itself or through a third party) will be responsible for installing the Equipment and Condition 7.5(a) to Condition 7.5(d) shall not apply. 7.6 Notwithstanding Condition 7.5, the University shall not be deemed to have accepted the Equipment until it has had 21 days to inspect it after delivery. The University may also reject the Equipment as though it had not been accepted for 3 months after any latent defect in the Equipment has become apparent. 7.7 Following installation and testing the Supplier shall reinstate the University’s premises to the condition prevailing on the date on which the installation of the Equipment commenced, subject to any changes undertaken by the Supplier and agreed by the University for such installation.

Delivery, Installation and Acceptance of Equipment. 7.1 The Supplier shall deliver the Equipment on the date specified in the Purchase Order or, if no such date is specified, within 28 days of the date of the Purchase Order. Time is of the essence as to the delivery of the Equipment under the Contract. If any delivery specified in the Purchase Order cannot be met, the University may: a) cancel the Contract in whole or in part without liability to the University; b) refuse to accept any subsequent delivery of items comprised in the Equipment which the Supplier attempts to make; c) purchase substitute items elsewhere; and d) hold the Supplier accountable for any loss and additional costs incurred. 7.2 The Equipment shall be properly packed and secured in such manner as to enable it to reach its destination in good condition. No charge shall be made for wrapping, packing, cartons, boxes, crating or containers unless specified in the Purchase Order, and the University shall not be responsible for returning any such materials. 7.3 The Equipment shall be delivered by the Supplier carriage free to the place of delivery specified in the Purchase Order, or as otherwise specified by the University by means of advice notes quoting the University's order number. The Equipment shall be received at the place of delivery, subject to the University's inspection and approval. Any Equipment which the University rejects as not conforming with the Purchase Order shall be returned at the Supplier´s Supplier’s risk and expense. 7.4 Unless the University and the Supplier have, before or at the same time as the Purchase Order, agreed in writing (signed on behalf of the University) additional conditions regarding preparation of or environmental requirements at the site at which the Equipment is to be installed, the Supplier acknowledges and agrees that the Equipment is suitable to be installed and used at the premises at which the University intends to use it and that there are no additional conditions regarding site preparation or environmental requirements. 7.5 In relation to installation and acceptance tests: a) except where Condition 7.5(e) applies, the Supplier shall, without further charge to the University, install the Equipment at the premises at which the University intends to use it and subject the Equipment to its standard installation and acceptance tests; b) if the Equipment passes those tests, the supplier Supplier will issue an acceptance certificate to that effect to the University, but receipt by the University of such an acceptance certificate will not constitute legal acceptance by the University; c) if the Equipment does not (on any attempt) pass those tests, the Supplier will (without affecting the University’s other rights and remedies) promptly and at its expense carry out all necessary remedial work and re-submit the Equipment to the tests as set out in Condition 7.5(a) and Condition 7.5(b); d) If if all the tests have not been successfully completed within 21 days after delivery, the University shall have the same rights as it would have had if the Supplier had not performed its obligations under Condition 7.1; e) if the University and the Supplier have, before or at the same time as the Purchase Order, agreed otherwise in writing (signed on behalf of the University), then the University (itself or through a third party) will be responsible for installing the Equipment and Condition 7.5(a) to Condition 7.5(d) shall not apply. 7.6 Notwithstanding Condition 7.5, the University shall not be deemed to have accepted the Equipment until it has had 21 days to inspect it after delivery. The University may also reject the Equipment as though it had not been accepted for 3 months after any latent defect in the Equipment has become apparent. 7.7 Following installation and testing the Supplier shall reinstate the University’s premises to the condition prevailing on the date on which the installation of the Equipment commenced, subject to any changes undertaken by the Supplier and agreed by the University for such installation.