Common use of Standard of Performance and Acceptance Clause in Contracts

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.

Appears in 1 contract

Samples: Master Agreement

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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.

Appears in 1 contract

Samples: s3.us-east-1.amazonaws.com

Standard of Performance and Acceptance. The Standard of Performance (as defined in the relevant Participating Addendum) applies to all product(sProduct(s) purchased under this Master Agreement, including any additional, replacement, or substitute product(s), as well as Product(s) and any product(sProduct(s) which are modified by or with the written approval of the vendor and acceptance Contractor after Acceptance by the Purchasing Participating Entity. · The Acceptance Testing period shall be seven thirty (730) calendar days, days or any other time period identified in the solicitation or the Participating Addendum, beginning with starting from the day after the product Product is installed certification is received and Contractor certifies that the product Product is ready for Acceptance Testing. · If the product Product does not meet the Standard of Performance during the initial period of Acceptance Testing, the Purchasing Participating 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 Contractor will have three fifteen (315) calendar days to cure any the Standard of Performance issue(s). · If, If after the cure period, the product Product still has not met the Standard of Performance, the Purchasing Performance Participating Entity may, at its option: · Declare the vendor (1) declare Contractor to be in breach and terminate the orderOrder; · Demand a (2) demand replacement product Product from the vendor Contractor at no additional cost to Participating Entity; or · Continue or, (3) continue the cure period for an additional time period agreed upon by the Participating Entity and the vendorContractor. · Vendor Contractor shall pay all costs related to the preparation and shipping of Product returned productspursuant to the section. · No product 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 approvalAcceptance.

Appears in 1 contract

Samples: usermanual.wiki

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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-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.

Appears in 1 contract

Samples: bidcondocs.delaware.gov

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