Common use of Handover Clause in Contracts

Handover. The Seller shall handover the Object of Purchase or its parts to the Buyer at the Place of Delivery within the stipulated delivery deadlines and, if applicable, along with technical and legal documentation, e.g. user manuals, guides, warranty certificates etc. During the handover and takeover procedure, the Buyer shall be entitled, in particular, to visually inspect the delivered deliverables. The Buyer may, provide to the Seller any comments regarding the delivered deliverables and the Seller shall be obliged to act on the basis of these comments or justify why these are unacceptable. The Buyer shall not be obliged to verify accuracy of any calculations and details of the technical solution constituting the Object of Purchase. The handover of the Object of Purchase or its individual parts shall be subject to a handover protocol on the course of the handover and takeover procedure to be drawn up and executed by the Parties; the protocol must include: details on the Seller and Buyer; description of the items that are the subject of handover and takeover; output sheet from each photomultiplier containing following parameters: cathode luminous sensitivity; anode luminous sensitivity; anode dark current; cathode blue sensitivity index/blue filter measurement (CS 5-58, half stock); declaration of the Buyer as to whether the Buyer accepts or does not accept the supply; the date of execution of the protocol on handover and takeover of the supply (hereinafter the “Handover Protocol”). The part of the Object of Purchase - partial deliverable in question shall be considered duly completed only by its acceptance effected by execution of the relevant Handover Protocol by both Parties. Assessment and subsequent acceptance of individual part of the Object of Purchase does not affect the Seller’s liability for other parts of the Object of Purchase. In case of any defects of the delivered Object of Purchase or its part, the Buyer shall be entitled to refuse the takeover of that defective delivery. Whenever technically possible the Seller shall remedy the deficiencies within one (1) month, unless Parties agree otherwise; however, these periods do not imply that the Seller is not in delay with delivery of any deliverable. The Buyer shall be entitled at his discretion (but not obliged) to take over the defective deliverable despite its defect, in particular if such defect does not have a material impact on its functionality. If the Buyer does not exercise his right not to take over the defective delivery, the Parties shall make a list of ascertained defects in the Handover Protocol, including the manner of and deadline for their removal no longer than one (1) month or, where necessary due to technical nature of the defect, two (2) moths upon returning the defective delivery to the Seller. If the Seller fails to remove ascertained defects within the deadline stated in the Handover Protocol, the Buyer shall be entitled to charge the Seller with a contractual penalty in the amount of 0.5 % of the part of the Purchase Price (excl. VAT) corresponding to the defective part of the Object of Purchase for each, even incomplete, day of delay. Till the remedy of the defects the Buyer shall be entitled to postpone any due payments up to the amount corresponding to the significance of the defects. Should the Object of Purchase or its parts have defects, which are not apparent at the handover (i.e. hidden defects), the Parties shall follow regulation stipulated in Section 2112 (1), second sentence, of the Civil Code to make claims. The Parties wish to deviate from provisions of Section 2126 of the Civil Code and agree that the Seller shall not be authorized to use institutes established therein.

Handover. 9.1. The Seller shall handover the Object of Purchase or its parts to the Buyer at the Place of Delivery within the stipulated delivery deadlines and, if applicable, along with technical and legal documentation, e.g. user manuals, guides, warranty certificates etc. 9.2. During the handover and takeover procedure, the Buyer shall be entitled, in particular, to visually inspect the delivered deliverables. The Buyer may, provide to the Seller any comments regarding the delivered deliverables and the Seller shall be obliged to act on the basis of these comments or justify why these are unacceptable. 9.3. The Buyer shall not be obliged to verify accuracy of any calculations and details of the technical solution constituting the Object of Purchase. 9.4. The handover of the Object of Purchase or its individual parts shall be subject to a handover protocol on the course of the handover and takeover procedure to be drawn up and executed by the Parties; the protocol must include: : 9.4.1. details on the Seller and Buyer; ; 9.4.2. description of the items that are the subject of handover and takeover; ; 9.4.3. output sheet from each photomultiplier containing following parameters: : (i) cathode luminous sensitivity; ; (ii) anode luminous sensitivity; ; (iii) anode dark current; ; (iv) cathode blue sensitivity index/blue filter measurement (CS 5-58, half stock); ; 9.4.4. declaration of the Buyer as to whether the Buyer accepts or does not accept the supply; ; 9.4.5. the date of execution of the protocol on handover and takeover of the supply (hereinafter the “Handover Protocol”). 9.5. The part of the Object of Purchase - partial deliverable in question shall be considered duly completed only by its acceptance effected by execution of the relevant Handover Protocol by both Parties. Assessment and subsequent acceptance of individual part of the Object of Purchase does not affect the Seller’s liability for other parts of the Object of Purchase. 9.6. In case of any defects of the delivered Object of Purchase or its part, the Buyer shall be entitled to refuse the takeover of that defective delivery. Whenever technically possible the Seller shall remedy the deficiencies within one (1) month, unless Parties agree otherwise; however, these periods do not imply that the Seller is not in delay with delivery of any deliverable. The Buyer shall be entitled at his discretion (but not obliged) to take over the defective deliverable despite its defect, in particular if such defect does not have a material impact on its functionality. If the Buyer does not exercise his right not to take over the defective delivery, the Parties shall make a list of ascertained defects in the Handover Protocol, including the manner of and deadline for their removal no longer than one (1) month or, where necessary due to technical nature of the defect, two (2) moths upon returning the defective delivery to the Seller. If the Seller fails to remove ascertained defects within the deadline stated in the Handover Protocol, the Buyer shall be entitled to charge the Seller with a contractual penalty in the amount of 0.5 % of the part of the Purchase Price (excl. VAT) corresponding to the defective part of the Object of Purchase for each, even incomplete, day of delay. Till the remedy of the defects the Buyer shall be entitled to postpone any due payments up to the amount corresponding to the significance of the defects. 9.7. Should the Object of Purchase or its parts have defects, which are not apparent at the handover (i.e. hidden defects), the Parties shall follow regulation stipulated in Section 2112 (1), second sentence, of the Civil Code to make claims. 9.8. The Parties wish to deviate from provisions of Section 2126 of the Civil Code and agree that the Seller shall not be authorized to use institutes established therein.

Handover. The Seller shall handover the Object of Purchase or its parts 14.1 Subject to the Buyer at the Place of Delivery within the stipulated delivery deadlines and, if applicable, along with technical and legal documentation, e.g. user manuals, guides, warranty certificates etc. During the handover and takeover procedureArticle 5, the Buyer Carrier shall be entitledaccept for transportation any Mail whose contents are admissible for carriage under the UPU Acts and which complies with the packaging and labelling requirements laid down therein. 14.2 The Carrier shall check Mail and documents at handover. From the moment the Carrier accepts the consignment, in particular, to visually inspect the delivered deliverables. The Buyer may, provide to the Seller any comments regarding the delivered deliverables and the Seller shall be obliged to act on the basis of these comments or justify why these are unacceptable. The Buyer shall not be obliged to verify accuracy of any calculations and details of the technical solution constituting the Object of Purchase. The handover of the Object of Purchase or its individual parts shall be subject to a handover protocol on the course of the handover and takeover procedure to be drawn up and executed by the Parties; the protocol must include: details on the Seller and Buyer; description of the items that are the subject of handover and takeover; output sheet from each photomultiplier containing following parameters: cathode luminous sensitivity; anode luminous sensitivity; anode dark current; cathode blue sensitivity index/blue filter measurement (CS 5-58, half stock); declaration of the Buyer as to whether the Buyer accepts or does not accept the supply; the date of execution of the protocol on handover and takeover of the supply (hereinafter the “Handover Protocol”). The part of the Object of Purchase - partial deliverable in question Mail shall be considered duly completed only by its acceptance effected by execution to be in the custody of the relevant Handover Protocol by both PartiesCarrier until its handover at destination or at the transit airport. 14.3 Where a Carrier has accepted Mail within the agreed time limits, the Carrier shall check the Mail against the documents or the EDI message. Assessment and subsequent acceptance of individual part Where there is a discrepancy, the staff of the Object Principal or the Carrier shall prepare documents and/or correct the EDI message to cover the discrepancy. The Parties shall agree and sign the new documents and/or confirm the updated EDI message. 14.4 The Carrier is authorized to examine (screen) the mail receptacles, without opening them, visually or using technology (e.g. X-ray, ETD) for the purposes of Purchase does not affect clearing the Seller’s liability articles for other parts uplift under aviation security regulations and if allowed by national legislation. 14.5 After accepting the Mail and before forwarding it, the Carrier may, at its own expense, correct any packaging and labelling irregularities discovered at its premises. Otherwise, the Carrier shall inform the Principal as soon as practicable for instructions regarding the items. 14.6 Where the Carrier has elected to withhold Mail in case of suspected damage, pilferage or tampering, the Carrier shall forward the remainder of the Object consignment that is not affected and amend the documents accordingly. The Carrier shall inform the Principal as soon as practicable for instructions in regard to the item suspected of Purchase. In case of any defects pilferage or tampering, and allow on request, inspection of the delivered Object Mail at the premises of Purchase or its part, the Buyer shall be entitled to refuse the takeover of that defective delivery. Whenever technically possible the Seller shall remedy the deficiencies within one (1) month, unless Parties agree otherwise; however, these periods do not imply that the Seller is not in delay with delivery of any deliverableCarrier. The Buyer shall be entitled at his discretion (but not obliged) to take over the defective deliverable despite its defect, in particular if such defect does not have a material impact on its functionality. If the Buyer does not exercise his right not to take over the defective delivery, the Parties Carrier shall make a list record concerning affected Mail and give a copy of ascertained defects in it to the Handover ProtocolPrincipal.. 14.7 In the event that Mail is returned or held by the Carrier, including the manner of and deadline for their removal no longer than one (1) month or, where necessary due to technical nature Carrier shall notify the Principal of the defect, two (2) moths upon returning the defective delivery details within 24 hours. 14.8 Subject to the Sellerabove paragraphs of this article, Mail shall be held by the Carrier if the transport of such Mail constitutes a danger to other mail, goods or equipment belonging to the Carrier, its employees or third parties. If The costs of such storage or subsequent disposal shall be borne by the Seller fails to remove ascertained defects within the deadline stated in the Handover ProtocolPrincipal.. Alternatively, the Buyer Carrier shall be entitled to charge the Seller with a contractual penalty in the amount of 0.5 % of the part of the Purchase Price (excl. VAT) corresponding hand over such Mail to the defective part of the Object of Purchase for each, even incomplete, day of delay. Till the remedy of the defects the Buyer shall be entitled to postpone any due payments up to the amount corresponding to the significance of the defects. Should the Object of Purchase or its parts have defects, which are not apparent at the handover (i.e. hidden defects), the Parties shall follow regulation stipulated in Section 2112 (1), second sentence, of the Civil Code to make claims. The Parties wish to deviate from provisions of Section 2126 of the Civil Code and agree that the Seller shall not be authorized to use institutes established thereinauthorities.

Handover. The Seller shall handover the Object of Purchase or its parts to the Buyer at the Place of Delivery within the stipulated delivery deadlines and, if applicable, along with technical and legal documentation, e.g. user manuals, guides, warranty certificates etc. During the handover and takeover procedure, the Buyer shall be entitled, in particular, to visually inspect the delivered deliverables. The Buyer may, provide to the Seller any comments regarding the delivered deliverables and the Seller shall be obliged to act on the basis of these comments or justify why these are unacceptable. The Buyer shall not be obliged to verify accuracy of any calculations and details of the technical solution constituting the Object of Purchase. The handover of the Object of Purchase or its individual parts shall be subject to a handover protocol on the course of the handover and takeover procedure to be drawn up and executed by the Parties; the protocol must include: details on the Seller and Buyer; description of the items that are the subject of handover and takeover; output sheet from each photomultiplier containing following parameters: cathode luminous sensitivity; anode luminous sensitivity; anode dark current; cathode blue sensitivity index/blue filter measurement (CS 5-58, half stock); declaration of the Buyer as to whether the Buyer accepts or does not accept the supply; the date of execution of the protocol on handover and takeover of the supply (hereinafter the “Handover Protocol”). The part of the Object of Purchase - partial deliverable in question shall be considered duly completed only by its acceptance effected by execution of the relevant Handover Protocol by both Parties. Assessment and subsequent acceptance of individual part of the Object of Purchase does not affect the Seller’s liability for other parts of the Object of Purchase. In case of any defects of the delivered Object of Purchase or its part, the Buyer shall be entitled to refuse the takeover of that defective delivery. Whenever technically possible the Seller shall remedy the deficiencies within one (1) month, unless Parties agree otherwise; however, these periods do not imply that the Seller is not in delay with delivery of any deliverable. The Buyer shall be entitled at his discretion (but not obliged) to take over the defective deliverable despite its defect, in particular if such defect does not have a material impact on its functionality. If the Buyer does not exercise his right not to take over the defective delivery, the Parties shall make a list of ascertained defects in the Handover Protocol, including the manner of and deadline for their removal no longer than one (1) month or, where necessary due to technical nature of the defect, two (2) moths upon returning the defective delivery to the Seller. If the Seller fails to remove ascertained defects within the deadline stated in the Handover Protocol, the Buyer shall be entitled to charge the Seller with a contractual penalty in the amount of 0.5 % of the part of the Purchase Price (excl. VAT) corresponding to the defective part of the Object of Purchase for each, even incomplete, day of delay. Till the remedy of the defects the Buyer shall be entitled to postpone any due payments up to the amount corresponding to the significance of the defects. Should the Object of Purchase or its parts have defects, which are not apparent at the handover (i.e. hidden defects), the Parties shall follow regulation stipulated in Section 2112 (1), second sentence, of the Civil Code to make claims. The Parties wish to deviate from provisions of Section 2126 of the Civil Code and agree that the Seller shall not be authorized to use institutes established therein.

Handover. 9.1. The Seller shall handover the Object of Purchase or its parts to the Buyer at the Place of Delivery within the stipulated delivery deadlines and, if applicable, along with technical and legal documentation, e.g. user manuals, guides, warranty certificates etc. 9.2. During the handover and takeover procedure, procedure the Buyer shall be entitled, in particular, to visually inspect the delivered deliverables. The Buyer may, provide to the Seller any comments regarding the delivered deliverables and the Seller shall be obliged to act on the basis of these comments or justify why these are unacceptable. 9.3. The Buyer shall not be obliged to verify accuracy of any calculations and details of the technical solution constituting the Object of Purchase. 9.4. The handover of the Object of Purchase or its individual parts shall be subject to a handover protocol on the course of the handover and takeover procedure to be drawn up and executed by the Parties; the protocol must include: : 9.4.1. details on the Seller and Buyer; ; 9.4.2. description of the items that are the subject of handover and takeover; output sheet from each photomultiplier containing following parameters: cathode luminous sensitivity; anode luminous sensitivity; anode dark current; cathode blue sensitivity index/blue filter measurement (CS 5-58, half stock); ; 9.4.3. declaration of the Buyer as to whether the Buyer accepts or does not accept the supply; ; 9.4.4. the date of execution of the protocol on handover and takeover of the supply (hereinafter the “Handover Protocol”). 9.5. The part of the Object of Purchase - partial deliverable in question shall be considered duly completed only by its acceptance effected by execution of the relevant Handover Protocol by both Parties. Assessment and subsequent acceptance of individual part of the Object of Purchase does not affect the Seller’s liability for other parts of the Object of Purchase. 9.6. In case of any defects of the delivered Object of Purchase or its part, the Buyer shall be entitled to refuse the takeover of that defective delivery. Whenever technically possible the Seller shall remedy the deficiencies within one ten (110) monthbusiness days, unless Parties agree otherwise; however, however these periods do not imply that the Seller is not in delay with delivery of any deliverable. The Buyer shall be entitled at his discretion (but not obliged) to take over the defective deliverable despite its defect, in particular if such defect does not have a material impact on its functionality. If the Buyer does not exercise his right not to take over the defective delivery, the Parties shall make a list of ascertained defects in the Handover Protocol, including the manner of and deadline for their removal no longer than one (1) month or, where necessary due to technical nature of the defect, two (2) moths upon returning the defective delivery to the Sellermonth. If the Seller fails to remove ascertained defects within the deadline stated in the Handover Protocol, the Buyer shall be entitled to charge the Seller with a contractual penalty in the amount of 0.5 % of the part of the Purchase Price (excl. VAT) corresponding to the defective part of the Object of Purchase for each, even incomplete, day of delay. Till the remedy of the defects the Buyer shall be entitled to postpone any due payments up to the amount corresponding to the significance of the defects. 9.7. Should the Object of Purchase or its parts have defects, which are not apparent at the handover (i.e. hidden defects), the Parties shall follow regulation stipulated in Section 2112 (1), second sentence, of the Civil Code to make claims. 9.8. The Parties wish to deviate from provisions of Section 2126 of the Civil Code and agree that the Seller shall not be authorized to use institutes established therein.