Common use of Performance of the Customer acceptance test Clause in Contracts

Performance of the Customer acceptance test. The acceptance test shall be commenced and completed in accordance with the deadlines set out in Appendix 4. The Customer acceptance test shall be performed as described in Appendix 5, and in accordance with the acceptance test plan, cf. clause 2.4.3. The Customer is obliged to observe the progress plan for the test. All errors reported during the Customer acceptance test shall be documented, in order that they may be reproduced. All reported errors shall be categorised as A, B or C errors by the Customer. Unless Appendix 5 specifies otherwise, the following error definitions shall apply: Level Category Description A Critical error - Error that results in the stoppage of the software or equipment, a loss of data, or in other functions that, based on an objective assessment, are of critical importance to the Customer not being delivered or not working as agreed. - The documentation being so incomplete or misleading that the Customer is unable to use the software or the equipment, or material parts thereof. B Serious error - Error that results in functions that, based on an objective assessment, are of importance to the Customer not working as described in the agreement, and which it is time-consuming and costly to work around. - The documentation being incomplete or misleading, and this resulting in the Customer being unable to use functions that, based on an objective assessment, are of importance to the Customer. C Less serious error - Error that results in individual functions not working as intended, but which can be worked around with relative ease by the Customer. - The documentation being incomplete or imprecise. The Customer shall report errors to the Contractor on an ongoing basis, and the Contractor shall repair the errors without undue delay. Rectified errors shall be delivered for retesting as set out in Appendix 5. If the Customer is prevented from executing the test because of inadequate error rectification, or if errors are discovered that prevent the effective execution of the entire test, or parts thereof, the affected component of the test shall be halted until the Contractor has performed the necessary rectifications. A period of time equal to the length of time for which the test was stopped plus the length of time the Customer needs to redo the test shall be added to the period for the Customer's acceptance test. If previously rectified errors are reintroduced into the solution because the Contractor makes a version management mistake and inserts outdated code, the Customer's acceptance test shall be halted until the Contractor has performed the necessary rectifications. A period of time equal to the length of time for which the test was stopped plus the length of time the Customer needs to redo the test shall be added to the test period. If the type or scope of the errors prevent all of the planned tests being conducted within the period of time set aside for the acceptance test, the Customer shall be entitled to extend the acceptance test by the period of time necessary.

Appears in 5 contracts

Samples: Development and Customisation Agreement, Development and Customisation Agreement, www.mercell.com

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