Common use of Delivery tests Clause in Contracts

Delivery tests. 3.1. Agreed delivery tests shall be carried out at the Customer and at the Customer’s cost, however not insofar as relates to the Supplier’s participation. 3.2. Where the parties have not agreed in detail regarding the technical requirements and the manner in which the delivery test shall be carried out, the delivery test shall be carried out in accordance with normal practice within the relevant industry in the country of the Supplier. The Supplier shall prepare a delivery test report, which shall be received by the Customer. In the event the Product does not comply with the agreement the Supplier shall, as soon as possible, ensure that necessary corrections are carried out insofar as the deviation is no immaterial for use of the Product. Thereafter, the Customer shall be entitled to a new delivery test. 3.3. The Customer shall give notice whether the delivery test has been approved within five days of performance of the test. A delivery test shall be approved in the delivery report. The test shall be deemed approved upon the occurrence of any of the following circumstances: a) the Customer approves the delivery test; b) the Customer should reasonably have approved the test; c) five days have elapsed since performance of the test and the Customer has not raised any justified objections to the test; or d) the Product may be used as intended. 3.4. The Customer shall at all times be deemed to have approved the delivery test where a deviation from the agreed condition exists but the deviation is irrelevant to the intended use. 3.5. The Customer's payment obligations shall not be affected by his approval or otherwise of the delivery test.

Delivery tests. 3.1. Agreed delivery tests shall be carried out at the Customer and at the Customer’s cost, however not insofar as relates to the Supplier’s participation. 3.2. Where the parties have not agreed in detail regarding the technical requirements and the manner in which the delivery test shall be carried out, the delivery test shall be carried out in accordance with normal practice within the relevant industry in the country of the Supplier. The Supplier shall prepare a delivery test report, which shall be received by the Customer. In the event the Product does not comply with the agreement the Supplier shall, as soon as possible, ensure that necessary corrections are carried out insofar as the deviation is no immaterial for use of the Product. Thereafter, the Customer shall be entitled to a new delivery test. 3.3. The Customer shall give notice whether the delivery test has been approved within five days of performance of the test. A delivery test shall be approved in the delivery report. The test shall be deemed approved upon the occurrence of any of the following circumstances: a) the Customer approves the delivery test; b) the Customer should reasonably have approved the test; c) five days have elapsed since performance of the test and the Customer has not raised any justified objections to the test; or d) the Product may be used as intended. 3.4. The Customer shall at all times be deemed to have approved the delivery test where a deviation from the agreed condition exists but the deviation is irrelevant to the intended use. 3.5. The Customer's ’s payment obligations shall not be affected by his approval or otherwise of the delivery test.

Delivery tests. 3.1. Agreed delivery tests shall be carried out at the Customer and at the Customer’s cost, however not insofar as relates to the Supplier’s participation. 3.2. Where the parties have not agreed in detail regarding the technical requirements and the manner in which the delivery test shall be carried out, the delivery test shall be carried out in accordance with normal practice within the relevant industry in the country of the Supplier. The Supplier shall prepare a delivery test report, which shall be received by the Customer. In the event the Product does not comply with the agreement the Supplier shall, as soon as possible, ensure that necessary corrections are carried out insofar as the deviation is no immaterial for use of the Product. Thereafter, the Customer shall be entitled to a new delivery test. 3.3. The Customer shall give notice whether the delivery test has been approved within five days of performance of the test. A delivery test shall be approved in the delivery report. The test shall be deemed approved upon the occurrence of any of the following circumstances: a) the The Customer approves the delivery test; b) the The Customer should reasonably have approved the test; c) five Five days have elapsed since performance of the test and the Customer has not raised any justified objections to the test; or d) the The Product may be used as intended. 3.4. The Customer shall at all times be deemed to have approved the delivery test where a deviation from the agreed condition exists but the deviation is irrelevant to the intended use. 3.5. The Customer's ’s payment obligations shall not be affected by his approval or otherwise of the delivery test.