Testing and Acceptance. Except as otherwise provided in a Statement of Work, Services and/or Deliverables will be deemed to be satisfactory and accepted by the Customer unless within thirty (30) days after delivery to the Customer, Customer gives Service Provider written notice, in sufficient detail, of the manner in which the respective Services and/or the Deliverables do not meet the requirements set forth in the Statement of Work (which includes any supporting documents referenced therein). For the avoidance of doubt, Customer shall be afforded the opportunity to test each individual Deliverable described in a Statement of Work (or any supporting or related documents referenced therein) per the terms of this Section 9. Once Customer receives the final deliverable as specified in the relevant Statement of Work, Customer shall identify all non-conformities within a single written notice of rejection, unless a non-conformity prevents Customer from evaluating, reviewing and testing the entire Deliverables and /or Services. Customer may reject Services and/or Deliverables only for their failure to materially conform to either the scope, specifications or test criteria set forth in the applicable Statement of Work. Upon receipt of such written notice, Service Provider will use commercially reasonable efforts to make such changes as are required to correct the identified deficiencies. If Service Provider is unable to correct any such deficiencies within thirty (30) days following receipt of such written notice, then Customer may require Service Provider to refund a portion of any amounts paid pursuant to the applicable Statement of Work that are directly attributable to the rejected Deliverable.
Appears in 12 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Testing and Acceptance. Except as otherwise provided in a Statement of Work, Services and/or Deliverables will be deemed to be satisfactory and accepted by the Customer unless within thirty (30) days after delivery to the Customer, Customer gives Service Provider written notice, in sufficient detail, of the manner in which the respective Services and/or the Deliverables do not meet the requirements set forth in the Statement of Work (which includes any supporting documents referenced therein). For the avoidance of doubt, Customer shall be afforded the opportunity to test each individual Deliverable described in a Statement of Work (or any supporting or related documents referenced therein) per the terms of this Section 9. Once Customer receives the final deliverable as specified in the relevant Statement of Work, Customer shall identify all non-conformities within a single written notice of rejection, unless a non-conformity prevents Customer from evaluating, reviewing and testing the entire Deliverables and /or Services. Customer may reject Services and/or Deliverables only for their failure to materially conform to either the scope, specifications or test criteria set forth in the applicable Statement of Work. Upon receipt of such written notice, Service Provider will use commercially reasonable efforts to make such changes as are required to correct the identified deficiencies. If Service Provider is unable to correct any such deficiencies within thirty (30) days following receipt of such written notice, then Customer may require Service Provider to refund a portion of any amounts paid pursuant to the applicable Statement of Work that are directly attributable to the rejected Deliverable.then
Appears in 1 contract
Samples: Master Services Agreement