Common use of Standard of Performance and Acceptance Clause in Contracts

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.

Appears in 7 contracts

Samples: Contract Amendment, Naspo Master Agreement, Managed Print Services Agreement

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Standard of Performance and Acceptance. Any standard The Standard of performance under this Master Agreement Performance applies to all Products Product(s) 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 Participating 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 Standard of performance Performance during the initial period of Acceptance Testing, Purchasing Participating Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the standard Standard of performance Performance is met. Upon rejection, the Contractor will have fifteen (15) calendar days to cure the standard Standard of performance Performance issue(s). If after the cure period, the Product still has not met the standard Standard of performance, the Purchasing Performance Participating Entity may, at its option: (a1) declare Contractor to be in breach and terminate the Order; (b2) demand replacement Product from Contractor at no additional cost to Purchasing Participating Entity; or, (c3) continue the cure period for an additional time period agreed upon by the Purchasing Participating 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.accepted

Appears in 5 contracts

Samples: Master Contract, Contract, Contract

Standard of Performance and Acceptance. Any standard The Standard of performance under this Master Agreement Performance applies to all Products product(s) purchased under this Master Agreement, including any additional, replacement, or substitute Product(s) and product(s), as well as any Product(sproduct(s) which are modified by or with the written approval of Contractor after Acceptance the vendor and acceptance by the Purchasing Entity. The Acceptance Testing period shall be thirty seven (307) calendar days days, or any other time period identified in the solicitation or the Participating Addendum, starting from beginning with the day after the Product is delivered or, if installed, the day after the Product product is installed and Contractor certifies certification is received that the Product product is ready for Acceptance Testing. If the Product product does not meet the standard Standard of performance Performance during the initial period of Acceptance Testing, the Purchasing Entity may, at its discretion, continue Acceptance Testing on a day-to-to- day basis until the standard Standard of performance Performance is met. Upon rejection, the Contractor vendor will have fifteen three (153) calendar days to cure the standard any Standard of performance Performance issue(s). If If, after the cure period, the Product product still has not met the standard Standard of performancePerformance, the Purchasing Entity may, at its option: (a) declare Contractor • Declare the vendor to be in breach and terminate the Orderorder; (b) demand • Demand a replacement Product product from Contractor the vendor at no additional cost to Purchasing Participating Entity; or, (c) continue or • Continue the cure period for an additional time period agreed upon by the Purchasing Participating Entity and the Contractorvendor. Contractor Vendor shall pay all costs related to the preparation and shipping of Product returned pursuant to the sectionproducts. No Product product shall be accepted and no charges shall be paid until the standard Standard of performance Performance is met. The warranty period will begin upon Acceptancethe Purchasing Entity’s approval.

Appears in 1 contract

Samples: Request for Proposal

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Standard of Performance and Acceptance. Any standard The Standard of performance under this Master Agreement Performance applies to all Products product(s) purchased under this Master Agreement, including any additional, replacement, or substitute Product(s) and product(s), as well as any Product(sproduct(s) which are modified by or with the written approval of Contractor after Acceptance the vendor and acceptance by the Purchasing Entity. The Acceptance Testing period shall be thirty seven (307) calendar days days, or any other time period identified in the solicitation or the Participating Addendum, starting from beginning with the day after the Product is delivered or, if installed, the day after the Product product is installed and Contractor certifies certification is received that the Product product is ready for Acceptance Testing. If the Product product does not meet the standard Standard of performance 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 Standard of performance Performance is met. Upon rejection, the Contractor vendor will have fifteen three (153) calendar days to cure the standard any Standard of performance Performance issue(s). If If, after the cure period, the Product product still has not met the standard Standard of performancePerformance, the Purchasing Entity may, at its option: (a) declare Contractor Declare the vendor to be in breach and terminate the Orderorder; (b) demand Demand a replacement Product product from Contractor the vendor at no additional cost to Purchasing Participating Entity; or, (c) continue or Continue the cure period for an additional time period agreed upon by the Purchasing Participating Entity and the Contractorvendor. Contractor Vendor shall pay all costs related to the preparation and shipping of Product returned pursuant to the sectionproducts. No Product product shall be accepted and no charges shall be paid until the standard Standard of performance Performance is met. The warranty period will begin upon Acceptancethe Purchasing Entity’s approval.

Appears in 1 contract

Samples: Request for Proposal

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