Product Acceptance; Testing Sample Clauses

Product Acceptance; Testing. Upon initial installation and implementation of SaaS Enabling Software and upon installation or implementation of an Upgrade or Update, unless different Product Acceptance Criteria is set forth in the applicable Ordering Document, Purchaser shall have, at a minimum, thirty (30) days to test and review the implemented SaaS Enabling Software to ensure it conforms with the Product Acceptance Criteria, which shall be at Purchaser’s sole discretion. Vendor agrees to assist Xxxxxxxxx, as requested, in the performance of such testing and review and to cooperate with other vendors and suppliers of Purchaser in conducting such testing and review. In the event Vendor and Purchaser do not create additional, specific Product Acceptance Criteria, then Purchaser shall, at its discretion, determine the additional, specific Product Acceptance Criteria for the applicable SaaS Enabling Software.
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Product Acceptance; Testing. Upon initial installation and implementation of Vendor Software and upon installation or implementation of an Upgrade or Update, unless different Product Acceptance Criteria is set forth in the applicable Ordering Document, Purchaser shall have, at a minimum, thirty (30) days to test and review the implemented Vendor Software to ensure it conforms with the Product Acceptance Criteria, which shall be at Purchaser’s sole discretion. Vendor agrees to assist Xxxxxxxxx, as requested, in the performance of such testing and review and to cooperate with other vendors and suppliers of Purchaser in conducting such testing and review. In the event Vendor and Purchaser do not create additional, specific Product Acceptance Criteria, then Purchaser shall, at its discretion, determine the additional, specific Product Acceptance Criteria for the applicable Vendor Software.‌
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Product Acceptance; Testing. (a) Customer shall inspect the Products upon Delivery for visible defects and will accept the Products if those materially conform to their Specifications. (b) In case installation by Kongsberg is not included in the Purchase Agreement, Products will be considered accepted upon the earliest of: (i) Customer’s acknowledgement of acceptance; (ii) 5 business days after Delivery of the Products to Customer unless Customer, within such timeframe and acting reasonably, provides Kongsberg with a written notice of rejection including a detailed description of the defects found (“Notice of Rejection”); or (iii) Customer’s commercial use of the Products. (c) In case installation by Kongsberg is included in the Purchase Agreement, Kongsberg will test the Products promptly after installation to verify they are free of defects and materially conform to all applicable technical specifications published by Kongsberg or agreed to in writing by Kongsberg (“Specifications”) (“Testing”). Upon successful completion of Testing, Xxxxxxxxx will submit an acknowledgement form indicating successful completion of testing, requesting acceptance of the Products (“COI”, “Completion of Installation Form” or any similar document, jointly referred to as the “Acceptance Form”) and the Products will be considered accepted upon the earliest of: (i) Customer’s acknowledgement of acceptance; (ii) 5 business days from delivery of the Acceptance Form unless Customer, within such timeframe and acting reasonably, provides Kongsberg with a Notice of Rejection; or (iii) Customer’s commercial use of the Products. (d) Products may only be rejected for material non-conformance to their Specifications. Minor deviations will not prevent acceptance. In case of Customer providing Kongsberg with a Notice of Rejection, Kongsberg will, at no cost to Customer, promptly address any material non-conformance and the foregoing acceptance procedure will be repeated until successful completion, provided that if the affected Products fail to materially conform to their Specifications after three (3) rounds of Testing for reasons attributable to Kongsberg, Customer may either (i) accept the affected Products “AS IS” at a modified purchase price agreed upon at such time, or (ii) return the affected Products to Kongsberg for a refund of the purchase price paid.
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Product Acceptance; Testing. Acceptance testing, when deemed applicable by Handspring, shall be performed by Handspring within fifteen (15) working days after receipt of the Products in accordance with the procedures agreed upon by the Parties. Any discrepancies found as a result of such testing shall be noted in detail and if found to be non-conforming to the specifications for the Products identified in Exhibit A, Handspring may, at its option, return the non-conforming Products to AirPrime. AirPrime shall immediately review the cause of rejection and upon confirmation take corrective action to eliminate reoccurrence of the non-conformance. All shipping charges for returns of non-conforming Products to AirPrime shall be at AirPrime's expense. If the Product is reasonably demonstrated by AirPrime to be conforming, then Handspring will reimburse AirPrime for the shipping charges. Within fifteen (15) working days after date of receipt of such non- conforming Product or such other reasonable delay agreed between the Parties depending on the quantity of returned Products, AirPrime, at Handspring's option, shall replace such non-conforming Product or refund Handspring the purchase price in full. Failure to inspect or reject one shipment shall not constitute a waiver of Handspring's rights with respect to any other. Payment shall neither be deemed to constitute acceptance nor be a waiver of Handspring's right to reject any order.
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Related to Product Acceptance; Testing

  • Acceptance Testing At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be performed to ensure that the service is operational and meets the applicable technical parameters.

  • Acceptance Tests 11.1 If the Contract provides acceptance tests for Goods and/or the result of Services after their completion and/or delivery to the Purchaser, the acceptance shall only be considered as definitive when such tests have demonstrated the compliance of the Goods and/or the result of the Services to the requirements in the Contract. 11.2 Where the Contract provides for an acceptance procedure in the presence of both parties, at the successful completion of such procedure, the Purchaser shall issue the Supplier with an acceptance certificate which shall authorise the Supplier to invoice the Purchaser for any payment due on such acceptance. 11.3 The Purchaser shall at its discretion be entitled to issue and acceptancecertificate with reserves. The Supplier shall be obliged to remedy any non-conformities within the period set out in the acceptance certificate. Any payment which would otherwise have been due on acceptance may be withheld by the Purchaser in whole or part until the non- conformities underlying the reserves have been remedied.

  • PRODUCT ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor in the Authorized User Agreement, Authorized User(s) shall have sixty (60) days from the date of delivery to accept all Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Title or other property interest and risk of loss shall not pass from Contractor to the Authorized User until the Products have been accepted. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty

  • Product Testing No later than [**] prior to a scheduled Delivery ARIAD US shall send to ARIAD SWISSCO the Delivery Documents for review. Following such review, unless within [**] of receipt of the Delivery Documents ARIAD SWISSCO gives written notice of rejection of the Product to be delivered, stating the reasons for such rejection, the Delivery shall proceed, and both Parties shall organize the same. Upon arrival at ARIAD SWISSCO nominated site it shall visually inspect the shipment of the Product to identify any damage to the external packaging. ARIAD SWISSCO may reject any shipment (or portion thereof) of the Product that is damaged by providing to ARIAD US reasonable evidence of damage within [**] after Delivery of such Product. If ARIAD SWISSCO does not so reject any shipment (or portion thereof) of the Product within [**] of Delivery of such Product, ARIAD SWISSCO shall be deemed to have accepted such shipment of the Product; provided, however, that in the case of the Product having any Latent Defect, ARIAD SWISSCO shall notify ARIAD US promptly once it becomes aware that a Product contains a Latent Defect and subsequently may reject such Product by giving written notice to ARIAD US of ARIAD SWISSCO’s rejection of such Product and shipping a representative sample of such Product or other evidence of Non-Conformance to ARIAD US within [**] after becoming aware of such Latent Defect, which notice shall include a description of the Latent Defect.

  • Drug Testing (A) The state and the PBA agree to drug testing of employees in accordance with section 112.0455, F.S., the Drug-Free Workplace Act. (B) All classes covered by this Agreement are designated special risk classes for drug testing purposes. Special risk means employees who are required as a condition of employment to be certified under Chapter 633 or Chapter 943, F.S. (C) An employee shall have the right to grieve any disciplinary action taken under section 112.0455, the Drug-Free Workplace Act, subject to the limitations on the grievability of disciplinary actions in Article 10. If an employee is not disciplined but is denied a demotion, reassignment, or promotion as a result of a positive confirmed drug test, the employee shall have the right to grieve such action in accordance with Article 6.

  • Random Drug Testing All employees covered by this Agreement shall be subject to random drug testing in accordance with Appendix D.

  • Random Testing Notwithstanding any provisions of the Collective Agreement or any special agreements appended thereto, section 4.6 of the Canadian Model will not be applied by agreement. If applied to a worker dispatched by the Union, it will be applied or deemed to be applied unilaterally by the Employer. The Union retains the right to grieve the legality of any imposition of random testing in accordance with the Grievance Procedure set out in this Collective Agreement.

  • Laboratory Testing All laboratories selected by UPS Freight for analyzing Controlled Substances Testing will be HHS certified.

  • ODUF Testing 6.6.1 Upon request from TWTC, AT&T shall send ODUF test files to TWTC. The Parties agree to review and discuss the ODUF file content and/or format. For testing of usage results, AT&T shall request that TWTC set up a production (live) file. The live test may consist of TWTC’s employees making test calls for the types of services TWTC requests on ODUF. These test calls are logged by TWTC, and the logs are provided to AT&T. These logs will be used to verify the files. Testing will be completed within thirty (30) days from the date on which the initial test file was sent.

  • Performance Testing 7.2.1 The Design-Builder shall direct and supervise the tests and, if necessary, the retests of the Plant using Design-Builder’s supervisory personnel and the Air Emissions Tester shall conduct the air emissions test, in each case, in accordance with the testing procedures set forth in Exhibit A (the “Performance Tests”), to demonstrate, at a minimum, compliance with the Performance Guarantee Criteria. Owner is responsible for obtaining Air Emissions Tester and for ensuring Air Emissions Tester’s timely performance. Design-Builder shall cooperate with the Air Emissions Tester to facilitate performance of all air emissions tests. Design-Builder shall not be held responsible for the actions of Owner’s employees and third parties involved in the Performance Testing, including but not limited to Air Emissions Tester. 7.2.2 No later than thirty (30) Days prior to the earlier of the Scheduled Substantial Completion Date or Substantial Completion, Design-Builder shall provide to Owner for review a detailed testing plan for the Performance Tests (other than for air emissions). Owner and Design-Builder shall agree upon a testing plan that shall be consistent with the Performance Test Protocol contained in Exhibit A hereto. After such agreement has been reached, Design-Builder shall notify the Owner five (5) business days prior to the date Design-Builder intends to commence the Performance Tests and shall notify the Owner upon commencement of the Performance Tests. Owner and Independent Engineer each have the right to witness all testing, including the Performance Tests and any equipment testing, whether at the Site or at the Subcontractor’s or equipment supplier’s premises during the course of this Agreement. Notwithstanding the foregoing sentence, Owner shall bear the costs of providing a witness to any such testing and all such witnesses shall comply at all times with Design-Builder’s, Subcontractor’s or equipment supplier’s safety and security procedures and other reasonable requirements, and otherwise conduct themselves in a manner that does not interfere with Design-Builder’s, Subcontractor’s or equipment supplier’s activities or operations. 7.2.3 Design-Builder shall provide to Owner a Performance Test report (excluding results from air emissions testing), including all applicable test data, calculations and certificates indicating the results of the Performance Tests and, within five (5) business days of Owner’s receipt of such results, Owner, Independent Engineer and Design-Builder will jointly inspect such Work and review the results of the Performance Tests to verify that the Performance Guarantee Criteria have been met. If Owner or Independent Engineer reasonably determines that the Performance Guarantee Criteria have not been met, Owner shall notify Design-Builder the reasons why Owner determined that the Performance Guarantee Criteria have not been met and Design-Builder shall promptly take such action or perform such additional work as will achieve the Performance Guarantee Criteria and shall issue to the Owner another notice in accordance with Section 7.2.2; provided however that if the notice relates to a retest, the notice may be provided no less than two (2) business days prior to the Performance Tests. Such procedure shall be repeated as necessary until Owner and Independent Engineer verifies that the Performance Guarantee Criteria have been met. 7.2.4 If Owner, for whatever reason, prevents Design-Builder from demonstrating the Performance Guarantee Criteria within thirty (30) Days of Design-Builder’s notice that the Plant is ready for Performance Testing, then Design-Builder shall be excused from demonstrating compliance with the Performance Guarantee Criteria during such period of time that Design-Builder is prevented from demonstrating compliance with the Performance Guarantee Criteria; provided however that Design-Builder will be deemed to have fulfilled all of its obligations to demonstrate that the Plant meets the Performance Guarantee Criteria should such period of time during which Design-Builder is prevented from demonstrating the Performance Criteria exceed thirty (30) Days or extend beyond the Final Completion Date.

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