Common use of Performance Tests Clause in Contracts

Performance Tests. 3.1 If relevant, performance test(s) shall be performed and included in Flowtec delivery. This test shall satisfy the requirements specified in this Agreement. 3.2 In the absence, or lack of completeness of the procedures for the performance test, the Delivery shall satisfy the requirements of generally accepted and applicable standard or specifications. 3.3 Unless otherwise specified, the performance test will be performed during normal working hours at Flowtec or his sub-contractor’s premises. Flowtec shall render possible for a representative of Buyer to attend the performance test by giving sufficient notice. Should Buyer not be represented during the performance test, then Flowtec shall transmit a test report verifying the result of the test to Buyer. 3.4 If any part of the Delivery is found defective or not in accordance with the Agreement, Flowtec must remedy the defect as soon as possible in order to ensure that the Delivery complies with the Agreement. 3.5 With respect to performance test held at Flowtec premises, Flowtec shall bear all costs connected with the performance test except costs incurred by Buyer due to his attendance at the test. With respect to tests held at Buyer’s premises or at any other site requested by Buyer beyond the requirements in the Agreement, then Buyer shall bear all extra costs incurred as a result of change of location for this test.

Performance Tests. 3.1 If relevant, performance test(s) (FAT) shall be performed and included in Flowtec Supplier’s delivery. This test shall in particular satisfy the requirements specified in this Agreement. This test shall in general also verify the compliance of the Supply with rules and regulations and its fitness to perform the intended tasks. Supplier shall keep the necessary spare parts for his Supply in order to avoid delays of the delivery due to occurrences during the performance test. 3.2 In the absence, or lack of completeness of the procedures for the performance test, the Delivery Supply shall satisfy the requirements of generally accepted and applicable standard standards or specifications. 3.3 Unless otherwise specified, the performance test will be performed during normal working hours at Flowtec Supplier’s or his sub-contractorsubcontractor’s premises. Flowtec Supplier shall render possible for a representative of Buyer WELL CLEANUP and/or End-user to attend the performance test by giving sufficient notice. Should Buyer not be represented during Supplier shall as soon as possible after the performance test, then Flowtec shall test transmit a test report verifying the result of the test to BuyerWELL CLEANUP and End-user. 3.4 If any part of the Delivery Supply is found defective or not in accordance with the Agreement, Flowtec Supplier must remedy the defect as soon as possible in order to ensure that the Delivery Supply complies with the Agreement. 3.5 With respect to performance test held at Flowtec Supplier’s premises, Flowtec Supplier shall bear all costs connected with the performance test except costs incurred by Buyer WELL CLEANUP and/or End-user due to his their attendance at the test. With respect to tests held at Buyer’s WELL CLEANUP premises or at any other site requested by Buyer WELL CLEANUP beyond the requirements in the Agreement, then Buyer WELL CLEANUP shall bear all extra costs incurred as a result of change of location for this test.

Performance Tests. 3.1 If relevant, performance test(s) (FAT) shall be performed and included in Flowtec the Supplier’s delivery. This test shall in particular satisfy the requirements specified in this the Agreement. This test shall in general also verify the compliance of the Supply with rules and regulations and its fitness to perform the intended tasks. The Supplier shall keep the necessary spare parts for its Supply in order to avoid delays of the delivery due to occurrences during the performance test. 3.2 In the absence, or lack of completeness of the procedures for the performance test, the Delivery Supply shall satisfy the requirements of generally accepted and applicable standard standards or specifications. 3.3 Unless otherwise specified, the performance test will be performed during normal working hours at Flowtec Supplier’s or his sub-contractorits subcontractor’s premises. Flowtec The Supplier shall render possible for a representative of Buyer WELL CLEANUP and/or End-user to attend the performance test by giving sufficient notice. Should Buyer not be represented during written notice to WELL CLEANUP and/or the End-user at least 15 (fifteen) days prior to the performance test, then Flowtec test and schedule the test at a mutually agreed time to ensure WELL CLEANUPʼs and/or End-userʼs attendance. The Supplier shall as soon as possible after the performance test transmit a test report verifying the result of the test to BuyerWELL CLEANUP and/or End-user. 3.4 If any part of the Delivery Supply is found defective or not in accordance with the Agreement, Flowtec the Supplier must remedy the defect as soon as possible within 20 (twenty) Business Days or within a time otherwise agreed in writing with WELL CLEANUP in order to ensure that the Delivery Supply complies with the Agreement. No payments related to delivery will be due until all defects are remedied to WELL CLEANUPʼs satisfaction and the Supply has successfully passed a re-test, if relevant. If the defects are not remedied within the agreed timeline, WELL CLEANUP shall have the right to terminate the Agreement and claim damages from the Supplier. 3.5 With respect to performance test held at Flowtec Supplier’s premises, Flowtec the Supplier shall bear all costs connected with the performance test except costs incurred by Buyer WELL CLEANUP and/or End-user due to his their attendance at the test. With respect If the performance test reveals non-compliance, in relation to tests held at Buyer’s premises or at any other site requested by Buyer beyond the requirements in the Agreement, then Buyer shall bear all extra costs incurred as a result of change of location for this test.clause 3.1 and clause

Performance Tests. 3.1 If relevant, performance test(s) shall be performed and included in Flowtec Supplier’s delivery. This test shall in particular satisfy the requirements specified in this Agreement. This test shall in general also verify the compliance of the Supply with rules and regulations and its fitness to perform the intended tasks. Supplier shall keep the necessary spare parts for his Supply in order to avoid delays of the delivery due to occurrences during the performance test. 3.2 In the absence, or lack of completeness of the procedures for the performance test, the Delivery Supply shall satisfy the requirements of generally accepted and applicable standard standards or specifications. 3.3 Unless otherwise specified, the performance test will be performed during normal working hours at Flowtec Supplier’s or his sub-contractorsubcontractor’s premises. Flowtec Supplier shall render possible for a representative of Buyer Roxel and/or End-user to attend the performance test by giving sufficient notice. Should Buyer not be represented during Supplier shall as soon as possible after the performance test, then Flowtec shall test transmit a test report verifying the result of the test to BuyerRoxel and End-user. 3.4 If any part of the Delivery Supply is found defective or not in accordance with the Agreement, Flowtec Supplier must remedy the defect as soon as possible in order to ensure that the Delivery Supply complies with the Agreement. 3.5 With respect to performance test held at Flowtec Supplier’s premises, Flowtec Supplier shall bear all costs connected with the performance test except costs incurred by Buyer Roxel and/or End-user due to his their attendance at the test. With respect to tests held at Buyer’s Roxel premises or at any other site requested by Buyer Roxel beyond the requirements in the Agreement, then Buyer Roxel shall bear all extra costs incurred as a result of change of location for this test.

Performance Tests. 3.1 If relevant, performance test(s) shall be performed and included in Flowtec Supplier’s delivery. This test shall in particular satisfy the requirements specified in this Agreement. This test shall in general also verify the compliance of the Supply with rules and regulations and its fitness to perform the intended tasks. Supplier shall keep the necessary spare parts for his Supply in order to avoid delays of the delivery due to occurrences during the performance test. 3.2 In the absence, or lack of completeness of the procedures for the performance test, the Delivery Supply shall satisfy the requirements of generally accepted and applicable standard standards or specifications. 3.3 Unless otherwise specified, the performance test will be performed during normal working hours at Flowtec Supplier’s or his sub-contractorsubcontractor’s premises. Flowtec Supplier shall render possible for a representative of Buyer Hitec Products and/or End-user to attend the performance test by giving sufficient notice. Should Buyer not be represented during Supplier shall as soon as possible after the performance test, then Flowtec shall test transmit a test report verifying the result of the test to BuyerHitec Products and End-user. 3.4 If any part of the Delivery Supply is found defective or not in accordance with the Agreement, Flowtec Supplier must remedy the defect as soon as possible in order to ensure that the Delivery Supply complies with the Agreement. 3.5 With respect to performance test held at Flowtec Supplier’s premises, Flowtec Supplier shall bear all costs connected with the performance test except costs incurred by Buyer Hitec Products and/or End-user due to his their attendance at the test. With respect to tests held at Buyer’s Hitec Products premises or at any other site requested by Buyer Hitec Products beyond the requirements in the Agreement, then Buyer Hitec Products shall bear all extra costs incurred as a result of change of location for this test.