No Deemed Acceptance. Any deemed acceptance by way of failing to respond to a request for inspection, or by way of payment or actual use, is hereby excluded.
No Deemed Acceptance. The signing of a delivery note or any other act by any of the Buyer's Personnel does not indicate the Buyer's acceptance of the Goods.
No Deemed Acceptance. Notwithstanding any other provision in this Agreement except for Section 33.4, there shall be no deemed acceptance on behalf of the City.
No Deemed Acceptance. Customer’s acceptance of any Reviewable Item will not prejudice Customer’s rights or remedies in equity, at Law, or under contract, including in the event that any such Reviewable Item is subsequently found not to be in compliance with the relevant acceptance criteria during any warranty period for such Reviewable Item set out in the applicable Statement of Work. For the avoidance of doubt, access, use or possession, completion, payment for, and/or receipt of delivery of any Reviewable Item will not be deemed to be acceptance of such item.
No Deemed Acceptance. Neither payments made to Supplier nor any use or inspection of the Goods or Services by Buyer shall constitute acceptance by Buyer of any Goods or Services which are not accepted by Buyer in accordance with Section 8. Final payment to Supplier shall not relieve Supplier of any of its obligations or liabilities under this Purchase Order. The payment of any invoice shall not prejudice Buyer’s right to dispute such invoice within one (1) year after Buyer’s receipt of the invoice.
No Deemed Acceptance. No payment by the Purchaser, nor partial or entire use or occupancy of the Work by the Purchaser, shall constitute an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Agreement.
No Deemed Acceptance. The Contractor acknowledges and agrees that Council will not be deemed to have accepted that the Product or Works or any part of the Product or Works complies with this Agreement by reason of Council not undertaking any test during the Term.
No Deemed Acceptance. The Department will not be taken to have Accepted a Deliverable or the Platform by the use of the Deliverable, or any other act or omission other than the provision of an Acceptance Certificate.
No Deemed Acceptance. The Nominal Insurer will be not be deemed to have Accepted a Deliverable, System or the icare Solution by the use of the Deliverable, System or the icare Solution, or any other act or omission other than the provision of an Acceptance Certificate
No Deemed Acceptance. The RTA’s:
(a) failure to:
(i) issue a Notice of Failure; or
(ii) complete the applicable Acceptance Tests within the Acceptance Testing Period; and/or
(b) use of a Product outside the testing environment, is not to be taken as a deemed acceptance of the Product and does not waive any rights that the RTA has under this clause 16 or otherwise.
