Common use of SITE ACCEPTANCE TESTS Clause in Contracts

SITE ACCEPTANCE TESTS. 8.1 Site Acceptance Tests will be carried out on completion of the Equipment or any item comprising the Equipment. 8.2 When the Contractor is ready to commence the Site Acceptance Tests, he shall notify the Supervising Officer and such tests shall commence on the date agreed by the Supervising Officer and the Contractor but in any event shall not be later than fourteen working days after the date of the notice referred to herein or thirty days after Delivery of the Equipment to the Site whichever is the sooner. If the Company fails to designate a date for the commencement of Site Acceptance Tests within fourteen days following Contractor notice that he is ready to commence such Site Acceptance Tests. The Company shall pay for the Equipment. In the event that the Equipment subsequently fails Site Acceptance Tests, the Contractor shall reimburse the payment until such time as the Equipment meets the requirements of the Site Acceptance Tests. 8.3 The Contractor shall provide the Company with three copies of all documents and records produced as a result of or in connection with the Site Acceptance Tests and listed in Appendix 7 hereto 8.4 If the Equipment or any part thereof fails to pass the Site Acceptance Tests or the Contractor accepts that the Equipment is not in accordance with the Contract, then, without prejudice to the CONTRACT NO. GP/0583/95/TG Company's rights under clause 15, the Contractor shall make good any defects at his own expense and with all reasonable speed diligence and shall submit details to the Supervising Officer and the Site Acceptance Tests shall be repeated. 8.5 If the Equipment or any part thereof fails to pass the Site Acceptance Tests by the date specified in the Installation Schedule or if no date is specified within a reasonable time, then, the Company may in its absolute discretion: 8.5.1 accept the Equipment subject to such reasonable reduction in the Contract Price as may be agreed between the Company and the Contractor, or in the abscence of any agreement being reached as may be determined by an arbitrator under clause 32; or 8.5.2 reject the Equipment or any part thereof and the Contractor shall entirely at its own cost and without any entitlement to any additional time, replace the Equipment or any part thereof so rejected, or 8.5.3 terminate the employment of the Contractor under the Contract in accordance with clause 22. Provided always that the Company shall first have given the Contractor an opportunity to rectify any defect or fault in the Equipment and the Contractor has failed to rectify the same within a reasonable time.

SITE ACCEPTANCE TESTS. 8.1 Where Seller is responsible under the Contract for the performance of the Site Acceptance Tests, the following should apply: S.14.1 When Installation is complete to Seller's satisfaction, Seller will give 7 (seven) days' notice to Buyer of the commencement of the Site Acceptance Tests. Unless otherwise agreed in the Contract, the Site Acceptance Tests will be carried out on completion of the Equipment or any item comprising the Equipmentconducted in accordance with Seller's standard test procedures. 8.2 When the Contractor S.14.2 If Seller is ready unable to commence the Site Acceptance Tests, he shall notify the Supervising Officer and such tests shall commence on the date agreed by the Supervising Officer and the Contractor but in any event shall not be later than fourteen working days after the date of the notice referred to herein or thirty days after Delivery of the Equipment to the Site whichever is the sooner. If the Company fails to designate a date for the commencement of proceed with Site Acceptance Tests on the due date for commencement thereof due to reasons within fourteen days following Contractor notice that he is ready to commence such Site Acceptance Tests. The Company shall pay for the Equipment. In control of Buyer, or if the event that the Equipment subsequently fails Site Acceptance Tests, the Contractor shall reimburse the payment until such time as the Equipment meets the requirements of the Site Acceptance Tests. 8.3 The Contractor shall provide the Company with three copies of all documents and records produced as a result of or in connection with the Site Acceptance Tests and listed in Appendix 7 hereto 8.4 If the Equipment or any part thereof System fails to pass the Site Acceptance Tests due to reasons outside Seller's control, the System shall be deemed to have been taken over and the Site Acceptance Certificate referred to in Sub-Clause S.14.4 shall be deemed to have been signed by Buyer. In either event the Site Acceptance Tests, or repeats thereof, shall be conducted at a time to be agreed and any additional costs incurred by Seller shall be to the Contractor accepts that account of Buyer. S.14.3 If during the Equipment Site Acceptance Tests any of the System is found not to be in accordance with the ContractSpecification, then, without prejudice to the CONTRACT NO. GP/0583/95/TG Company's rights under clause 15, the Contractor Seller shall promptly make good any defects at his own expense and with all reasonable speed diligence and shall submit details to the Supervising Officer and defect. Thereafter the Site Acceptance Tests shall be repeatedrepeated in accordance with this Clause S.14, insofar as is necessary to demonstrate that the System conforms with the Specification. 8.5 If S.14.4 When the Equipment or any part thereof fails to pass System has passed Site Acceptance Tests, Buyer shall sign a Site Acceptance Certificate. The Site Acceptance Certificate may record that the System has passed the Site Acceptance Tests but subject to reservations related to minor defects, which defects will be rectified by Seller at a time to be agreed. S.14.5 The signature of the date specified Site Acceptance Certificate by Buyer shall, save in the Installation Schedule case of fraud or if no date is specified within a reasonable timedishonesty relating to or affecting any matter dealt with therein, then, and save for any continuing liabilities of Seller as detailed in Clause 10 of the Company may in its absolute discretion: 8.5.1 accept the Equipment subject to such reasonable reduction in the Contract Price as may be agreed between the Company and the ContractorStandard Conditions of Sale, or the remedying of minor defects referred to in the abscence of any agreement being reached as may Sub-Clause S.14.4, be determined by an arbitrator under clause 32; or 8.5.2 reject the Equipment or any part thereof and the Contractor shall entirely at its own cost and without any entitlement to any additional time, replace the Equipment or any part thereof so rejected, or 8.5.3 terminate the employment conclusive evidence of the Contractor under sufficiency of the Contract System and any Site Work provided by Seller in accordance connection with clause 22. Provided always that the Company shall first have given the Contractor an opportunity to rectify any defect or fault in the Equipment and the Contractor has failed to rectify the same within a reasonable timeContract.

SITE ACCEPTANCE TESTS. 8.1 Site Acceptance Tests will be carried out on completion 10.1. Within 7 working days as of the Equipment or any item comprising date on which the Equipment. 8.2 When Belt Loader has arrived to the Contractor is ready to commence Site, the Site Acceptance Tests, he Supplier shall notify the Supervising Officer IAA that the Belt Loaders have been assembled, inspected and such are ready to be tested, and the IAA, in the presence of the Supplier's representatives, shall conduct a series of acceptance tests in order to confirm that the Belt Loaders are in full compliance with the Technical Specification set in the SOW, as further specified in Chapter 3 (Acceptance Tests) of the SOW (the "SAT"). The IAA shall commence on issue to the Supplier its report within 14 working day period from the date agreed by the Supervising Officer and supplier has advised the Contractor but in any event shall not be later than fourteen working days after IAA that the date of the notice referred to herein or thirty days after Delivery of the Equipment to the Site whichever is the sooner. If the Company fails to designate a date for the commencement of Site Acceptance Tests within fourteen days following Contractor notice that he Belt Loader is ready to commence such Site Acceptance Tests. The Company shall pay for conducting the EquipmentSAT. 10.2. In the event that the Equipment subsequently fails Site Acceptance Tests, the Contractor shall reimburse the payment until such time as the Equipment meets the requirements of the Site Acceptance Tests. 8.3 The Contractor shall provide the Company with three copies of all documents and records produced as a result of any inspection or in connection test carried out under this section 10, the IAA has reason to believe that the Belt Loaders do not fully comply with Supplier's Proposal and/or with the Site Acceptance Tests SOW, the IAA shall inform the Supplier immediately in writing and listed the Supplier shall be responsible to take all steps as may be necessary remedy any defects and/or replace any part, at its expense, in Appendix 7 hereto 8.4 If order to ensure such compliance within reasonable time table set by the Equipment or any part thereof fails to pass the Site Acceptance Tests or the Contractor accepts that the Equipment is not IAA in accordance with the type of rejects. In such event, the IAA shall conduct repeated acceptance tests by not later than 7 working days from the date set by the IAA for remedying such rejects. 10.3. Should the Belt Loaders successfully pass all SAT, the IAA will issue to Supplier a certificate of acceptance with respect to the Belt Loaders (the “Acceptance Certificate”). The issuance of the Acceptance Certificate is conditional upon the Supplier’s providing the IAA with the Warranty Guarantee as stipulated in Section 16.2 below. 10.4. All expenses incurred by the Supplier in the performance of the SAT shall be fully borne by the Supplier. 10.5. Failure by the Supplier to meet the SAT requirements as mentioned above will be regarded as a fundamental breach of the Contract. 10.6. For the avoidance of doubt, the issuance of any approval, confirmation and acceptance certificate issued by the IAA under this Section 10, shall not derogate from the full and complete responsibility of the Supplier, as stipulated in the Contract, thenincluding its responsibility for the supply of the Belt Loaders in accordance with the SOW and their fitness for their intended purpose, without prejudice to and shall not be deemed as a waiver by the CONTRACT NO. GP/0583/95/TG Company's IAA of any of its rights under clause 15this Contract, including, inter alia, the Contractor shall make good right to demand from the Supplier to remedy any defects at his own expense and with all reasonable speed diligence and shall submit details to the Supervising Officer and the Site Acceptance Tests shall be repeated. 8.5 If the Equipment or any part thereof fails to pass the Site Acceptance Tests by the date specified in the Installation Schedule or if no date is specified within a reasonable timenon- compliance, then, the Company may in its absolute discretion: 8.5.1 accept the Equipment subject to such reasonable reduction in the Contract Price as may be agreed between the Company and the Contractor, or in the abscence of any agreement being reached as may be determined by an arbitrator under clause 32; or 8.5.2 reject the Equipment or any part thereof and the Contractor shall entirely at its own cost and without any entitlement to any additional timeexpenses, replace even if such non-compliance is discovered after the Equipment or any part thereof so rejected, or 8.5.3 terminate the employment issuance of the Contractor under the Contract in accordance with clause 22. Provided always that the Company shall first have given the Contractor an opportunity to rectify any defect or fault in the Equipment and the Contractor has failed to rectify the same within a reasonable timeAcceptance Certificate.

SITE ACCEPTANCE TESTS. 8.1 Site Acceptance Tests will be carried out on completion 11 10.1. Within 7 working days as of the Equipment or any item comprising date on which the Equipment. 8.2 When Diesel Tractors has arrived to the Contractor is ready to commence Site, the Site Acceptance Tests, he Supplier shall notify the Supervising Officer IAA that the Diesel Tractors have been assembled, inspected and such are ready to be tested, and the IAA, in the presence of the Supplier's representatives, shall conduct a series of acceptance tests in order to confirm that the Diesel Tractors are in full compliance with the Technical Specification set in the SOW, as further specified in Chapter 3 (Acceptance Tests) of the SOW (the "SAT"). The IAA shall commence on issue to the Supplier its report within 14 working day period from the date agreed by the Supervising Officer and supplier has advised the Contractor but in any event shall not be later than fourteen working days after IAA that the date of the notice referred to herein or thirty days after Delivery of the Equipment to the Site whichever is the sooner. If the Company fails to designate a date for the commencement of Site Acceptance Tests within fourteen days following Contractor notice that he Diesel Tractors is ready to commence such Site Acceptance Tests. The Company shall pay for conducting the EquipmentSAT. 10.2. In the event that the Equipment subsequently fails Site Acceptance Tests, the Contractor shall reimburse the payment until such time as the Equipment meets the requirements of the Site Acceptance Tests. 8.3 The Contractor shall provide the Company with three copies of all documents and records produced as a result of any inspection or in connection test carried out under this section 10, the IAA has reason to believe that the Diesel Tractors do not fully comply with Supplier's Proposal and/or with the Site Acceptance Tests SOW, the IAA shall inform the Supplier immediately in writing and listed the Supplier shall be responsible to take all steps as may be necessary remedy any defects and/or replace any part, at its expense, in Appendix 7 hereto 8.4 If order to ensure such compliance within reasonable time table set by the Equipment or any part thereof fails to pass the Site Acceptance Tests or the Contractor accepts that the Equipment is not IAA in accordance with the type of rejects. In such event, the IAA shall conduct repeated acceptance tests by not later than 7 working days from the date set by the IAA for remedying such rejects. 10.3. Should the Diesel Tractors successfully pass all SAT, the IAA will issue to Supplier a certificate of acceptance with respect to the Diesel Tractors (the “Acceptance Certificate”). The issuance of the Acceptance Certificate is conditional upon the Supplier’s providing the IAA with the Warranty Guarantee as stipulated in Section 16.2 below. 10.4. All expenses incurred by the Supplier in the performance of the SAT shall be fully borne by the Supplier. 10.5. Failure by the Supplier to meet the SAT requirements as mentioned above will be regarded as a fundamental breach of the Contract. 10.6. For the avoidance of doubt, the issuance of any approval, confirmation and acceptance certificate issued by the IAA under this Section 10, shall not derogate from the full and complete responsibility of the Supplier, as stipulated in the Contract, thenincluding its responsibility for the supply of the Diesel Tractors in accordance with the SOW and their fitness for their intended purpose, without prejudice to and shall not be deemed as a waiver by the CONTRACT NO. GP/0583/95/TG Company's IAA of any of its rights under clause 15this Contract, including, inter alia, the Contractor shall make good right to demand from the Supplier to remedy any defects at his own expense and with all reasonable speed diligence and shall submit details to the Supervising Officer and the Site Acceptance Tests shall be repeated. 8.5 If the Equipment or any part thereof fails to pass the Site Acceptance Tests by the date specified in the Installation Schedule or if no date is specified within a reasonable timenon-compliance, then, the Company may in its absolute discretion: 8.5.1 accept the Equipment subject to such reasonable reduction in the Contract Price as may be agreed between the Company and the Contractor, or in the abscence of any agreement being reached as may be determined by an arbitrator under clause 32; or 8.5.2 reject the Equipment or any part thereof and the Contractor shall entirely at its own cost and without any entitlement to any additional timeexpenses, replace even if such non-compliance is discovered after the Equipment or any part thereof so rejected, or 8.5.3 terminate the employment issuance of the Contractor under the Contract in accordance with clause 22. Provided always that the Company shall first have given the Contractor an opportunity to rectify any defect or fault in the Equipment and the Contractor has failed to rectify the same within a reasonable timeAcceptance Certificate.