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.
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 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.
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.
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.)
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.
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.
