Common use of Acceptance Clause in Contracts

Acceptance. 1. The acceptance of the products takes place with the successful performance of the functional test. The functional test shall be deemed to have been successfully performed if the diagnostic and test programmes or procedures developed by us for this purpose do not detect any defect in the products. If we install the products as agreed, the functional test shall be carried out by us after delivery and installation of the products at the place of installation. The buyer is entitled to participate in the functional test. After the functional test has been carried out, we shall inform the Buyer that the products are ready for operation. 2. For all other products, we shall carry out the functional test as part of the final inspection at our manufacturing plant. In this case, acceptance shall be deemed to have taken place unless the buyer expressly objects to acceptance in writing within 7 days of receipt of the products, stating the exact defect. 3. If the acceptance and/or functional test is not carried out, not carried out in time or not carried out completely through no fault of our own, we are entitled to dispatch the goods without acceptance or to store them at the expense and risk of the buyer and to charge him for them. 4. The buyer shall ensure that we can commission the acceptance company requested by him in the name and for the account of his customer. Unless otherwise agreed, this authorisation shall be deemed to have been granted with the naming of an acceptance company in the order.