Standard of Performance and Acceptance. Any standard of performance under this Master Agreement applies to all Products purchased under this Master Agreement, including any additional, replacement, or substitute Product(s) and any Product(s) which are modified by or with the written approval of Contractor after Acceptance by the Purchasing Entity. The Acceptance Testing period shall be thirty (30) calendar days or other time period identified in the solicitation or the Participating Addendum, starting from the day after the Product is delivered or, if installed, the day after the Product is installed and Contractor certifies that the Product is ready for Acceptance Testing. If the Product does not meet the standard of performance during the initial period of Acceptance Testing, Purchasing Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the standard of performance is met. Upon rejection, the Contractor will have fifteen (15) calendar days to cure the standard of performance issue(s). If after the cure period, the Product still has not met the standard of performance, the Purchasing Entity may, at its option: (a) declare Contractor to be in breach and terminate the Order; (b) demand replacement Product from Contractor at no additional cost to Purchasing Entity; or, (c) continue the cure period for an additional time period agreed upon by the Purchasing Entity and the Contractor. Contractor shall pay all costs related to the preparation and shipping of Product returned pursuant to the section. No Product shall be accepted and no charges shall be paid until the standard of performance is met. The warranty period will begin upon Acceptance.
Standard of Performance and Acceptance. Determination of the acceptability of services shall be made by the sole judgement of the Purchasing Entity. Acceptance shall be in writing, verbal acceptance will not be allowed. Services shall be completed in accordance with the Scope of Work, agreed to and accepted schedules, plans, and agreed to performance standards. Acceptance shall be one hundred percent (100%) functionality, which will be determined by the Purchasing Entity. Acceptance criteria shall include, but not be limited to conformity to the scope of work, quality of workmanship, and successfully performing all required Tasks. Nonconformance to a stated acceptance and performance criteria of both services and or products, as required, shall result in a delay for payment. The warranty period will begin upon Acceptance.
Standard of Performance and Acceptance. This section establishes a Standard of Performance that shall be met before Acceptance. This Standard of Performance is also applicable to any additional, replacement, or substitute materials and any materials that are modified by or with the written approval of Contractor after having been accepted.
Standard of Performance and Acceptance. 24.1. This section establishes a Standard of Performance that must be met before Acceptance. This Standard of Performance is also applicable to any additional, replacement, or substitute Product and any Product that is modified by or with the written approval of Vendor after having been Accepted.
24.2. The Standard of Performance for a Product is defined as a one hundred percent (100%), Effectiveness Level during the Acceptance Testing period set forth below.
24.3. The Effectiveness Level for a Product is the percentage of time in a month that the Product is functioning properly in accordance with its Specifications. The Effectiveness Level is determined by dividing the Operational Use Time of the Product by the sum of the Operational Use Time plus the Product Failure downtime, all of which shall be measured in hours and whole minutes. Operational Use Time for a Product is defined as the total time the Product would normally be used. Product Failure downtime is defined as the accumulated time during Operational Use time when work cannot be processed or accurately completed because of a Product Failure. Product Failure is defined as a malfunction in the Equipment or Software that prevents the accomplishment of the intended function(s) of the Product.
24.4. Downtime for each incident shall start from the time that Vendor knew or reasonably should have known of the Product Failure, or WSDOT makes a bona fide attempt to contact Vendor’s designated representative at the prearranged contact point, whichever occurs earlier, until the Product is returned to fully operational status in conformance with its Specifications. During periods of Product Failure downtime, WSDOT may use operable Products when such action does not interfere with repair of the inoperable Product.
24.5. The Acceptance Testing period shall be thirty (30) calendar days starting from the day after the Product is installed and Vendor certifies that the Product is ready for Acceptance Testing. WSDOT will review all pertinent data and shall maintain appropriate daily records to ascertain whether the Standard of Performance has been met.
24.6. In the event the Product does not meet the Standard of Performance during the initial period of Acceptance Testing, WSDOT may, at its discretion, continue Acceptance Testing on a day-to-day basis until the Standard of Performance is met. If after ninety (90) calendar days the Product still has not met the Standard of Performance WSDOT may, at its option: (1) d...
Standard of Performance and Acceptance. 14.1 Std Perf & Acc. This section establishes a Standard of Performance that must be met before Acceptance. This Standard of Performance is also applicable to any additional, replacement, or substitute materials and any materials that are modified by or with the written approval of Bidder after having been accepted. MANDATORY FULLY MEETS 14.2 Std Perf & Acc. MATERIALS TESTING. All installation, wiring, and cabling requirements identified in the Purchase Order/ SOW must be satisfied. All materials must be tested, functional and certified, based on ANSI/TIA/EIA installation standards and best practices and be approved by the Purchaser and/or Purchaser’s on- site coordinator prior to acceptance for payment. Minimum testing of copper cable is to include Wire Map, continuity, NEXT and attenuation in accordance with the most current ANSI/TIA/EIA-568 standard. Minimum testing for fiber cable is to include testing the attenuation and Optical Return Loss of the installed cable plant to meet TIA standard loss levels. This will be accomplished by providing passing test results from the following test equipment an optical loss test set (OLTS)(Tier 1 test) and an Optical Time Domain Reflectometer (OTDR) (Tier 2 test). Complete test results whether they be for copper or fiber will be provided digitally for each terminated fiber strand and each copper pair at the end of the project. When performing a Tier 1 test on laser optimized multimode fiber (OM3, 4 or 5) the use of encircled flux reference cables shall be used for proper test results. When performing a Tier 2 test on fiber optic strands that have splices or that splice between two different cable manufacture’s glass, testing on an OTDR will be done in both directions and loss values will be averaged and recorded in the test results. When testing and certifying copper or fiber cables, all test equipment must have a calibration date not to exceed 1 year from the date of the test. MANDATORY FULLY MEETS 14.3 Std Perf & Acc. RESPONSIBILITY FOR COMPLIANCE. Inspections, tests, measurements or other acts or functions performed by State of Washington personnel must in no manner be construed as relieving the Bidder from full compliance with requirements. Upon Purchaser notification of defective or unauthorized equipment or materials, and unacceptable installation/repair practices, the Bidder will immediately replace or modify affected practices or parts at no additional cost to the Purchaser. MANDATORY FULLY MEETS 14.4 Std P...
Standard of Performance and Acceptance a. This section establishes a Standard of Performance that must be met before Acceptance of the Software by WSP. This Standard of Performance is also applicable to any additional, replacement, or substitute Software and any Software that is modified by or with the written approval of Vendor after having been Accepted.
b. The Standard of Performance and Acceptance for Software shall be incorporated into this Contract through a mutually agreed upon SOW.
c. The Acceptance Testing period shall be thirty (30) calendar starting from the day after the Software is installed by the Vendor and WSP certifies that Software is ready for Acceptance Testing. WSP will review all pertinent data and shall maintain appropriate daily records to ascertain whether the Standard of Performance has been met. d. In the event the Software does not meet the Standard of Performance during the initial period of Acceptance Testing, WSP may, at its discretion, continue Acceptance Testing on a day-to-day basis until the Standard of Performance is met. If after sixty (60) calendar days the Software still has not met the Standard of Performance WSP may, at its option: (i) declare Vendor to be in breach of this Contract and terminate this Contract; or, (ii) at the sole option of WSP, demand replacement Software from Vendor at no additional cost to WSP; or, (iii) continue the Acceptance Testing for an additional thirty (30) calendar days. WSP’s option to declare Vendor in breach and terminate this Contract shall remain in effect until exercised or until such time as Acceptance Testing is successfully completed.
e. The date of Acceptance shall be the first WSP Business Day following the successful Acceptance Testing period and shall be formalized in a notice of Acceptance from WSP to Vendor.
Standard of Performance and Acceptance. The Standard of Performance applies to all product(s) purchased under this Master Agreement, including any additional, replacement, or substitute product(s), as well as any product(s) which are modified by or with the written approval of the vendor and acceptance by the Purchasing Entity. · The Acceptance Testing period shall be seven (7) calendar days, or any other time period identified in the solicitation or the Participating Addendum, beginning with the day after the product is installed certification is received that the product is ready for Acceptance Testing. · If the product does not meet the Standard of Performance during the initial period of Acceptance Testing, the Purchasing Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the Standard of Performance is met. · Upon rejection, the vendor will have three (3) calendar days to cure any Standard of Performance issue(s). · If, after the cure period, the product still has not met the Standard of Performance, the Purchasing Entity may, at its option: · Declare the vendor to be in breach and terminate the order; · Demand a replacement product from the vendor at no additional cost to Participating Entity; or · Continue the cure period for an additional time period agreed upon by the Participating Entity and the vendor. · Vendor shall pay all costs related to the preparation and shipping of returned products. · No product shall be accepted and no charges shall be paid until the Standard of Performance is met. · The warranty period will begin upon the Purchasing Entity’s approval.
Standard of Performance and Acceptance. Any standard of performance under this Master Agreement applies to all Products purchased under this Master Agreement, including any additional, replacement, or substitute Product(s) and any Product(s) which are modified by or with the written approval of Contractor after Acceptance by the Purchasing Entity. The Acceptance Testing period shall be thirty (30) calendar days or other time period identified in the solicitation or the Participating Addendum, starting from the day after the Product is delivered or, if installed, the day after the Product is installed and Contractor certifies that the Product is ready for Acceptance Testing. If the Product does not meet the standard of performance during the initial period of Acceptance Testing, Purchasing Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the standard of performance is met. Where no standard of performance has been specified, Purchasing Entities shall have the right of inspection in section U of the State of Mississippi Terms and Conditions attached to the RFP (See Attachment B). Upon rejection, the Contractor will have fifteen (15) calendar days to cure the standard of performance issue(s). If after the cure period, the Product still has not met the standard of performance, the Purchasing Entity may, at its option: (a) declare Contractor to be in breach and terminate the Order; (b) demand replacement Product from Contractor at no additional cost to Purchasing Entity; or, (c) continue the cure period for an additional time period agreed upon by the Purchasing Entity and the Contractor. Contractor shall pay all costs related to the preparation and shipping of Product returned pursuant to the section. No charges shall be paid until Acceptance. The warranty period will begin upon Acceptance.
Standard of Performance and Acceptance. Purchasing Entity shall determine whether all Products and Services delivered meet the Contractor’s published specifications (a.k.a. “Specifications”). Standards of Performance and Acceptance Testing may be negotiated by the Participating Entity. No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within thirty (30) IBM has read and proposes alternative language: Acceptance of IBM Products shall occur at delivery to the Purchasing Entity. Acceptance of Services shall be in accordance with the Transaction Document as mutually agreed between the Parties. SECTION REFERENCE ORIGINAL TERM ALTERNATE LANGUAGE SUGGESTION calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 31st day after delivery of Product or completion of Services unless otherwise negotiated with the Participating Entity and Contractor.
Standard of Performance and Acceptance. 15.1. During Acceptance Testing, as defined in this section, Purchaser shall conduct tests as it deems appropriate concerning whether the Licensed Software appears to be capable of being effectively utilized in Purchaser’s operating environment.
15.2. The Acceptance Testing shall commence after full implementation of the Licensed Software by Vendor.
15.3. Subject to possible extensions, the Acceptance Testing shall end after 20 calendar days.
15.4. Purchaser may (a) Accept the Licensed Software subject to the terms and conditions of this Contract or (b) Reject the Software if it fails to conform to the specifications in this Contract, the RFP, or the Vendor's proposal, in either case by notice to Vendor at any time during the Acceptance Testing period. The date, if any, on which Purchaser Accepts the Licensed Software is referred to as the “Acceptance Date.”
15.5. The Warranty and Maintenance periods shall begin one day following the Acceptance Date.
