ACCEPTANCE LAW (CAPITAL EQUIPMENT DELIVERABLES) (PARTY-1 BUYS)This Acceptance (Law) clause (free to save and download) covers capital equipment, and explains factory acceptance testing, test periods, nonconformities, site acceptance testing, and corrective action for contract acceptance law. |
ACCEPTANCE.
(a) Factory Acceptance Testing. Once Party-2 provides all Deliverables as required under this Agreement and ready for the following testing process (referred to as "Factory Acceptance Testing"), Party-1 has fourteen (14) days (the "Test Period") to test the Deliverable on site at Party-2's premises with Party-2's assistance. If Party-1 fails to notify Party-2 of nonconformities with this Agreement, Specifications or Documentation for the Deliverable (collectively, "Nonconformities") within the Test Period, Party-1 is deemed to accept such Deliverable. The day that Party-1 accepts or is deemed to have accepted the Deliverable is the "Factory Acceptance Date". If, before the Factory Acceptance Date, Party-1 discovers any Nonconformities and notifies Party-2, Party-2 agrees to promptly (but no later than fourteen (14) days later) correct such Nonconformities at its own expense and notify Party-1 when such corrections are complete. If Party-1 finds Nonconformities during the second Test Period, then Party-1 may continue to require Party-2 by notice to correct the Deliverable per the Factory Acceptance Testing process described above. "Documentation" means the user manuals and other published material applicable to the Deliverables, and the documentation described in the Specifications.
(b) Site Acceptance Testing. Once Party-2 provides all Deliverables as required under this Agreement to Party-1's designated carrier, the Deliverables are delivered to Party-1's designated site(s) for delivery, and the Deliverables are ready for the following testing process (referred to as "Site Acceptance Testing"), Party-1 may engage in a Test Period to test the Deliverable. If Party-1 fails to notify Party-2 of Nonconformities within the Test Period, Party-1 is deemed to accept such Deliverable. The day that Party-1 accepts or is deemed to have accepted the Deliverable is the "Site Acceptance Date". If, before the Site Acceptance Date, Party-1 discovers any Nonconformities and notifies Party-2, Party-2 agrees to promptly (but no later than fourteen (14) days later) correct such Nonconformities at its own expense and notify Party-1 when such corrections are complete. If Party-1 finds Nonconformities during the second Test Period, then Party-1 may continue to require Party-2 by notice to correct the Deliverable per the Site Acceptance Testing process described above.
(c) Corrective Action. Party-2 must provide Party-1 with a plan setting forth its analysis and proposed corrective action within five (5) days of receipt of notice from Party-1 regarding a Nonconformity. Party-2 agrees to maintain detailed records of all efforts it takes and the results of all tests conducted in connection with such corrective action for five (5) years after the Acceptance Date.
(a) Factory Acceptance Testing. Once Party-2 provides all Deliverables as required under this Agreement and ready for the following testing process (referred to as "Factory Acceptance Testing"), Party-1 has fourteen (14) days (the "Test Period") to test the Deliverable on site at Party-2's premises with Party-2's assistance. If Party-1 fails to notify Party-2 of nonconformities with this Agreement, Specifications or Documentation for the Deliverable (collectively, "Nonconformities") within the Test Period, Party-1 is deemed to accept such Deliverable. The day that Party-1 accepts or is deemed to have accepted the Deliverable is the "Factory Acceptance Date". If, before the Factory Acceptance Date, Party-1 discovers any Nonconformities and notifies Party-2, Party-2 agrees to promptly (but no later than fourteen (14) days later) correct such Nonconformities at its own expense and notify Party-1 when such corrections are complete. If Party-1 finds Nonconformities during the second Test Period, then Party-1 may continue to require Party-2 by notice to correct the Deliverable per the Factory Acceptance Testing process described above. "Documentation" means the user manuals and other published material applicable to the Deliverables, and the documentation described in the Specifications.
(b) Site Acceptance Testing. Once Party-2 provides all Deliverables as required under this Agreement to Party-1's designated carrier, the Deliverables are delivered to Party-1's designated site(s) for delivery, and the Deliverables are ready for the following testing process (referred to as "Site Acceptance Testing"), Party-1 may engage in a Test Period to test the Deliverable. If Party-1 fails to notify Party-2 of Nonconformities within the Test Period, Party-1 is deemed to accept such Deliverable. The day that Party-1 accepts or is deemed to have accepted the Deliverable is the "Site Acceptance Date". If, before the Site Acceptance Date, Party-1 discovers any Nonconformities and notifies Party-2, Party-2 agrees to promptly (but no later than fourteen (14) days later) correct such Nonconformities at its own expense and notify Party-1 when such corrections are complete. If Party-1 finds Nonconformities during the second Test Period, then Party-1 may continue to require Party-2 by notice to correct the Deliverable per the Site Acceptance Testing process described above.
(c) Corrective Action. Party-2 must provide Party-1 with a plan setting forth its analysis and proposed corrective action within five (5) days of receipt of notice from Party-1 regarding a Nonconformity. Party-2 agrees to maintain detailed records of all efforts it takes and the results of all tests conducted in connection with such corrective action for five (5) years after the Acceptance Date.