Performance and Acceptance. Time is of the essence in the performance of this Order. Performance must be made within the time stated on this Order, failing which Videojet reserves the right to purchase elsewhere and charge Supplier with any loss incurred, unless delay in performance is due to unforeseeable causes beyond the control, and without fault or negligence, of Supplier. Notwithstanding any such delay, Videojet reserves the right without limitation to cancel this Purchase Order if delivery of goods or rendering of services hereunder is not completed by the time promised. Supplier will not reserve a security interest in goods shipped to Videojet. All goods delivered must comply with Videojet’s “Quality Assurance Requirements,” if attached hereto, and are subject to Videojet’s inspection, test and approval within a reasonable time after delivery. If specifications are not met, such goods 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 goods nor impair Videojet’s right to inspect or limit any of its remedies. Acceptance of all or any part of the goods covered by this Order shall not be a waiver of Videojet’s right either to cancel or return all or any portion of the goods because of failure to conform to this Order, or by reason of defects, latent or patent or other breach of warranty, or to make any claim for damages to which Videojet is legally entitled. Over shipment of goods ordered must not exceed 10% or $50.00, whichever is smaller.
Performance and Acceptance. 5.1 The Services which the Contractor is required to perform or to fulfil shall be to the reasonable satisfaction of the Authority.
5.2 Where no particulars are specified in the Contract the Services which the Contractor is required under the Contract to perform or to fulfil shall be fit and sufficient for the purpose for which such Services are ordinarily used and for any particular purpose made known to the Contractor by the Authority.
5.3 The Services which the Contractor is required under the Contract to perform or to fulfil shall conform in all respects with the requirements of any applicable legislation, statutes, orders, regulations or bye-laws from time to time in force.
5.4 The Authority relies on the expertise, skill and judgement of the Contractor in the performance of the Contract. The Contractor shall ensure that all staff providing the Services which the Contractor is required under the Contract to perform or to fulfil shall do so with all due skill, care and diligence and shall possess such relevant qualifications, skills and experience as are appropriate for the proper performance of the Services.
Performance and Acceptance a. In accordance with the Order, applicable Products and/or Services will be delivered or made available to Customer. Quality of the Products and/or Services will be consistent with industry and commercially reasonable standards. For the avoidance of doubt, delivery via email or access online is acceptable.
b. Upon delivery or access of the applicable Products and Services pursuant to an Order, Customer will promptly inspect and thoroughly review said Products and Services. Customer is deemed to have accepted such Products and Services (1) after this inspection and thorough review (2) after 10 business days or (3) upon payment in full, whichever occurs first. However, prior to said acceptance, Customer may notify their Everest Group representative of an attempt to reject and not accept the Products and Services. A rightful rejection only occurs if the Products and/or Services at issue are materially deficient, which Customer will have the burden to prove. If attempting to reject, Customer must immediately object to and reject the Products and Services in writing and describe in sufficient detail the material deficiency. If attempting to reject the Products and Services, Customer will immediately cease access or use of the Products and Services. Accepting any imperfect Products and/or Services is final and cannot be revoked by Customer. Customer assumes the risk and responsibility of accepting Products and/or Services with any imperfections (i.e. Products and Services with any material deficiencies).
c. If a Product and/or Service is rightfully rejected and not accepted by Customer, then a reasonable time to cure the material deficiency is allotted. Once the material deficiency is cured, Customer will once again promptly inspect and thoroughly review the Products and Services, restarting the process described in 2(b). Customer will provide at least two opportunities to cure.
d. Regarding the Sale of memberships and/or subscription materials by Everest India to Customer, please note that Everest India is appointed as the authorized re-seller in India and the related Intellectual Property and Materials are owned by Everest US.
e. No Order will create a joint venture, partnership, teaming agreement, or anything similar. Everest Group acts as an independent contractor or vendor only.
f. Any entity in the Everest Group may be engaged by the contracting Everest Group entity/entities in performance of an Order.
g. Customer may only seek remedy from the applicable ...
Performance and Acceptance. 6.1 Consultancy services shall be deemed to have been ren- dered as soon as Axperience has carried out its duties in accordance with the Individual Contract. Documents and evaluations shall be deemed to have been approved if they have been submitted to Customer and if the Cus- tomer has not requested that gaps are filled and/or defects are rectified within a period of 14 days. If it turns out that documents and evaluations are not yet complete, they shall be finished or improved by Axperience, and the ex- penses incurred shall be charged. The services shall be rectified free of charge following a timely notification of the defects only if it can be shown that Axperience has ren- dered defective consultancy services. In this respect, Cus- tomer shall grant Axperience a reasonable grace period. The documents and evaluations shall be deemed ac- cepted upon their productive use by the Customer.
6.2 Work and Services shall be deemed rendered as soon as Axperience has completed them according to the specifi- cations laid down in the Order and delivered them to Cus- tomer. Following the delivery of the Services, Customer shall promptly confirm to Axperience in writing that they are completed. This confirmation may only be refused if the Work and Services contain errors hindering operation and Axperience is unable to supplement or rectify them af- ter two grace periods, granted in writing, have expired. Er- rors that do not hinder operation shall be rectified in ac- cordance with the provisions of the warranty. If acceptance is not possible in the foregoing sense, and without waiving its other rights or remedies, the Customer is entitled to ei- ther withdraw from the Order or to request a reduction in the remuneration corresponding to the reduced value of the Work and Services in question. If Customer fails to provide any confirmation within ten working days of deliv- ery, the Work and Services shall be deemed accepted. If Customer makes complete or partial use of the results of the Work and Services without carrying out the ac- ceptance procedure in question, the corresponding Work and Services shall likewise be deemed accepted without the need for an acceptance report.
Performance and Acceptance. Contractor will furnish and perform the Work in strict accordance with the Contract Documents. Any Work which Contractor provides to Company that requires technical or functional testing will be tested to ensure that it complies with Company's requirements, in accordance with the procedures defined by the Parties in the applicable Authorization. If not so defined, the following procedures will apply: Once the Work has been provided to Company, Company will test the Work for such a period as is necessary for Company to determine whether the Work complies with the specifications outlined in the Authorization. During said testing period, Company will promptly notify Contractor of any deficiencies, and Contractor will use its best efforts to eliminate said deficiencies, whereupon Contractor will notify Company that testing is ready to begin again. The procedures specified above will be repeated until Company certifies its acceptance, the parties mutually agree to terminate testing, or Company rejects the product as provided below. Any Work that Contractor provides to Company that does not require technical or functional testing will nevertheless be submitted to Company for its evaluation and approval. Company will review the Work and suggest changes or identify any deficiencies which should be remedied. Contractor will use its best efforts to revise the Work and resubmit it to Company, which will have the period specified in the Authorization in which to accept the Work as delivered or reject it, describing in reasonable detail any remaining deficiencies which must be corrected prior to acceptance. At the expiration of the agreed evaluation period or earlier, at Company's election, if Company's review and/or testing confirms that the Work complies with the applicable specifications and requirements, Company will certify its acceptance in writing to Contractor. Should Company reject the Work, the parties may, at their discretion and without cost or expense to Company, mutually agree to extend the evaluation period, but will have no obligation to do so. Should either party decide to terminate the evaluation, Contractor will make arrangements with Company to remove the Work from Company's premises, and neither party will have any further obligation under this Agreement, including without limitation, confidentiality, and except that Contractor will promptly refund to Company any and all fees paid by Company for the removed Work.
Performance and Acceptance a. Thales shall provide the Professional Services to Customer in accordance the applicable SOW. Unless otherwise specified in the applicable SOW, the Professional Services will be delivered on consecutive business days during normal business hours (8:00 a.m. to 6:00 p.m. Customer local time, weekdays). (Weekdays are considered to be Monday through Friday, excluding local holidays.)
b. Unless otherwise set forth in the applicable SOW, acceptance terms shall be as follows:
(i) Standard-Package Professional Services will be deemed accepted within 5 days of delivery of a Notice of Completion by Thales.
(ii) Custom Professional Services shall be deemed accepted upon the execution of the Certificate of Completion by the Customer or within 5 days of delivery of the Certification of Completion, whichever is sooner. If the Deliverables and/or Professional Services are to be incrementally delivered or otherwise completed in phases, each phase shall be independently accepted or deemed accepted (as appropriate).
c. Unless otherwise specified in the Agreement, all dates and times for the provision of the Professional Services are estimates only and time shall not be of the essence for the performance of the Professional Services. Thales shall not have any liability for delay or for any damages or losses sustained by Customer as a result of such dates or times not being met.
d. All Professional Services shall be scheduled by Customer within one (1) year of the purchase date. If not scheduled within this time period, the purchase price for such services shall be forfeited, except in the event that the delay in scheduling was caused by Thales. For clarity, the purchase date is the date when the Customer or the Authorized Partner has received the Order Acknowledgement from Thales.
e. Unless otherwise set forth in the applicable SOW, Thales is not responsible for any future trouble shooting, additions or changes requested after final delivery of all Deliverables provided under the applicable SOW.
Performance and Acceptance. 1. The agreed performance- or supply term(s), or -date(s) are fixed and final. Merely exceeding this term/date by the Supplier constitutes default on the part of the Supplier.
2. If and as soon as Supplier foresees that the agreed performance- or supply term(s), or -date(s) will be exceeded, it will notify SPP of this in a timely fashion by telephone and in writing and submit a proposal for the measures to be taken. Agreement with the proposed measures does not imply any acceptance by SPP of the cause of the impending delay, and is without prejudice to its rights against the Supplier.
3. Without SPP's prior written permission, partial performance on the part of the Supplier or performance earlier than the agreed date(s) or period(s) is not authorised.
4. Acceptance of the Delivery by SPP shall be in writing or demonstrated through commercial use of the Goods and Services by SPP. Acceptance does not release the Supplier from any liability or obligation.
5. Supplier will report to SPP on the progress of the Delivery as often as and in a manner as the Agreement prescribes, or as SPP deems fit. A rticle 6 Prices
1. The agreed prices are fixed for the entire duration of the Agreement, unless the Agreement states the specific and concrete circumstances which can result in price adjustment, and also defines the method in which the price adjustment takes place in those cases.
2. The agreed prices are in Euros and exclusive of VAT, but inclusive of costs of transport, taxes, import duties, other levies, insurance, packaging expenses, removal expenses, any installation and assembly expenses, and all other expenses pertaining to the performance of the Agreement.
Performance and Acceptance. 1. The agreed performance- or supply term(s), or -date(s) are fixed and final. Merely exceeding this term/date by the Supplier constitutes default on the part of the Supplier.
2. If and as soon as Supplier foresees that the agreed performance- or supply term(s), or -date(s) will be exceeded, it will notify SPP of this in a timely fashion by telephone and in writing and submit a proposal for the measures to be taken. Agreement with the proposed measures does not imply any acceptance by SPP of the cause of the impending delay, and is without prejudice to its rights against the Supplier.
3. Without SPP's prior written permission, partial performance on the part of the Supplier or performance earlier than the agreed date(s) or period(s) is not authorised.
4. Acceptance of the Delivery by SPP shall be in writing or demonstrated through commercial use of the Goods and Services by SPP. Acceptance does not release the Supplier from any liability or obligation.
5. Supplier will report to SPP on the progress of the Delivery as often as and in a manner as the Agreement prescribes, or as SPP deems fit.
Performance and Acceptance. 1. The agreed performance- or supply term(s), or -date(s) are fixed and final. Merely exceeding this term/date by the Supplier constitutes default on the part of the Supplier.
2. If and as soon as Supplier foresees that the agreed performance- or supply term(s), or -date(s) will be exceeded, it will notify PROTHYA of this in a timely fashion by telephone and in writing and submit a proposal for the measures to be taken. Agreement with the proposed measures does not imply any acceptance by PROTHYA of the cause of the impending delay, and is without prejudice to its rights against the Supplier.
3. Without PROTHYA's prior written permission, partial performance on the part of the Supplier or performance earlier than the agreed date(s) or period(s) is not authorised.
4. Acceptance of the Delivery by PROTHYA shall be in writing or demonstrated through commercial use of the Goods and Services by PROTHYA. Acceptance does not release the Supplier from any liability or obligation.
5. Supplier will report to PROTHYA on the progress of the Delivery as often as and in a manner as the Agreement prescribes, or as PROTHYA deems fit.
Performance and Acceptance. 1. The agreed performance- or supply term(s), or -date(s) are fixed and final. Merely exceeding this term/date by the Supplier constitutes default on the part of the Supplier.
2. If and as soon as Supplier foresees that the agreed performance- or supply term(s), or -date(s) will be exceeded, it will notify ESSANGE REAGENTS of this in a timely fashion by telephone and in writing and submit a proposal for the measures to be taken. Agreement with the proposed measures does not imply any acceptance by ESSANGE REAGENTS of the cause of the impending delay, and is without prejudice to its rights against the Supplier.
3. Without ESSANGE REAGENTS prior written permission, partial performance on the part of the Supplier or performance earlier than the agreed date(s) or period(s) is not authorised.
4. Acceptance of the Delivery by ESSANGE REAGENTS shall be in writing or demonstrated through commercial use of the Goods and Services by ESSANGE REAGENTS. Acceptance does not release the Supplier from any liability or obligation.
5. Supplier will report to ESSANGE REAGENTS on the progress of the Delivery as often as and in a manner as the Agreement prescribes, or as ESSANGE REAGENTS deems fit.
