Delivery, Performance and Acceptance. Services performed by Supplier shall be deemed to be Accepted by AT&T when Services are performed to AT&T’s satisfaction. Payments, including progress payments, if any, shall not be construed as Acceptance of Services performed up to the time of such payments. AT&T shall notify Supplier of any Services considered to be unsatisfactory. Supplier shall, at no charge to AT&T, take prompt action to correct such unsatisfactory Services. If such unsatisfactory Services have not been corrected within a reasonable time (not to exceed twenty (20) working days from date of notification), AT&T may, in addition to all other rights and remedies provided by law or this Agreement, Cancel this Agreement and/or any affected Order.
Delivery, Performance and Acceptance. For the purpose of the Software, the Subcontractor Agreement shall have no application. In its place, the following shall apply between the Parties for such purposes:
Delivery, Performance and Acceptance a. Delivery
Delivery, Performance and Acceptance a. Contractor acknowledges the competitive telecommunications marketplace in which AT&T operates and understands that AT&T’s business requires prompt Delivery of Material and provision of Services by the specified Delivery Dates. Therefore, the Parties agree that dates for Delivery of Material and Services are firm, time is of the essence, and Contractor will complete such Delivery in strict conformance with the Specifications.
Delivery, Performance and Acceptance. Notwithstanding anything stated herein, Sections (b), (d) and (e) below relating to Acceptance/Acceptance Testing/ Rejection, etc. shall not be applicable to any Orders for Standard Software or Maintenance. Standard Software and Maintenance Services are deemed “Accepted” upon Delivery:
Delivery, Performance and Acceptance. For the purposes of this Agreement, the Section of the General Agreement titled “Delivery, Performance and Acceptance” is deleted in its entirety and replaced with the following:
Delivery, Performance and Acceptance. Supplier will ensure that the Products are packaged in a manner that is: (I) in accordance with good commercial practice; (II) acceptable to common carriers for shipment; and (III) adequate to ensure safe arrival of the Products at the delivery location designated in the Purchase Order. Supplier acknowledges that failure to meet the delivery dates specified in the Purchase Order may cause substantial financial and reputational harm to Interdas and agrees it will promptly notify Interdas in writing of any anticipated delay in meeting the delivery dates specified in the Purchase Order. In the event of such delays, excepting those due to Force Majeure (as defined below), Interdas reserves the right without limitation to cancel this Purchase Order if delivery of Products hereunder is not completed by the time promised and reserves the right to purchase elsewhere and charge Supplier with any reasonable loss incurred in connection with Supplier’s delay. Supplier agrees not to reserve title or to retain any security interest in Products purchased by Interdas. All Products delivered hereunder must comply with any quality assurance requirements provided by Interdas, and are subject to Interdas’s inspection, testing and approval within a reasonable time after delivery. If the Products fail to meet their Specifications, such Products may be returned at Supplier’s expense and at Supplier’s risk for all damages incidental to the rejection. Payment shall not constitute an acceptance of the Products and shall not impair Interdas’s right to inspect nor limit any of its remedies. Acceptance of all or any part of the Products covered by this Purchase Order shall not be considered a waiver of Interdas’s right either to cancel or return all or any portion of the Products because of failure to conform to this Purchase Order, or by reason of defects, latent or patent or other breach of warranty, or to make any claims for damages to which Interdas is legally entitled. Over or under shipment of Products ordered must not exceed 5% of the value of the Purchase Order or $500.00, whichever is smaller.
Delivery, Performance and Acceptance. A. ION acknowledges the competitive telecommunications marketplace in which SBC operates and understands that SBC's business requires prompt delivery of Material and provision of Services by the specified delivery dates.
Delivery, Performance and Acceptance a. For Orders for Material, if Supplier is not required to provide additional Services (such as installation, configuration, or modification) at the destination in connection with providing the Material, Supplier shall ship Material that strictly conforms to Specifications as follows:
Delivery, Performance and Acceptance. Supplier agrees that all dates for Delivery of Material and Services are firm, time is of the essence, and Supplier will complete Delivery in strict conformance with the Specifications. After Delivery, SBC shall have a reasonable time to inspect and test the Material and/or Services, and acceptance shall not occur until the Material and/or Services are shown to strictly comply with the Specifications ("Acceptance").
