ACCEPTANCE OF WORKS. The subject matter of the Agreement shall be delivered to the Ordering Party within the time limits specified in § 3(1) of the Agreement. The place of collection of the documents comprising the Detailed Design Development shall be the seat of the Ordering Party, unless otherwise agreed by the Parties (by email or in writing). The Parties agree on the following procedure for acceptance of the Project Documentation, including each of its parts: on the date of completion of a given part of the Detailed Design Development, the Designer shall report and submit it to the Ordering Party for verification, based on a written handover protocol (hereinafter referred to as the Handover Protocol), the Ordering Party may agree to submit a given part of the Design Documentation for verification by email (consent shall be granted by the Representative of the Ordering Party by email or in paper form). In this case, the date of signing the Handover Protocol is the date on which the Ordering Party receives the electronic correspondence containing a given part of the Detailed Design Study, The Ordering Party shall, within 10 Business Days from the submission of a given part of the Detailed Design Study, approve it or provide comments in writing or by e-mail. Failure to comment on the Detailed Design Study in this manner shall not affect the liability for defects thereof under the terms of § 12; in case of the Ordering Party's failure to submit comments within the deadline, the Parties shall consider that the relevant part of the Detailed Design Study has been received by the Ordering Party without comments; in the event that the Ordering Party submits comments, the Designer shall make corrections to the Detailed Design Studies or parts thereof, in accordance with the comments submitted, within 5 (five) Business Days from the date of receipt of the comments; unless the scope of the changes requires a longer period, and the Parties will agree on such a date (in writing or via e-mail, otherwise null and void) - the Ordering Party's position is considered decisive; The Designer shall have the right to refuse to make changes and corrections to the submitted part of the Detailed Design Study if they violate the applicable regulations or principles of technical knowledge or are inconsistent with the provisions of the Agreement; in such case, the Designer shall submit to the Ordering Party a written or email statement of refusal to make such corrections with a justification of the reason for the refusal; The Ordering Party has the right, within a period of 7 (seven) days from the date of submission of the supplemented or corrected part of the Detailed Design Study, to submit to the Designer comments that were previously submitted and that have not been duly corrected or taken into account by the Designer; the resubmission of the part of the Detailed Design Study shall take place within the period specified in item 4); the Ordering Party may also submit within this period new comments (previously not submitted) according to the rules specified in item 2 and n. above, with the result that the deadline for acceptance of the given part of the Detailed Design Study to which the new comments relate is postponed by the number of days required by the Designer to take into account the newly submitted comments; the document confirming acceptance by the Ordering Party of a given part of the Detailed Design Study shall be a protocol signed by the Parties (hereinafter referred to as the "Acceptance Protocol"); Upon acceptance of a given part of the Detailed Design Study, the Designer shall deliver to the Ordering Party's seat that part of the Detailed Design Study in hard copy (3 copies) and send it by email to the Ordering Party's Representative; The Detailed Design Study or a part of it will be provided to the Ordering Party in electronic version in PDF and editable formats, as well as in hard copy in three copies. Film or multimedia presentations will be released in AVI, MPG or WMV format, and animatics in QuickTime, MP4, .mov format and in the form of a 3D model depending on the software used by the Designer. In the event of failure to submit the completed and corrected part of the Detailed Design Study or failure to send a statement of refusal to make changes within the time limits indicated above, the Ordering Party shall call (in writing or by email) on the Designer to submit the completed and corrected part or send a statement of refusal to make changes and set an additional period of not less than 3 business days for this purpose; Acceptance of the provision of author's supervision will be carried out in parts of the following principles: By the 5th working day after the end of the month in which the Designer performed the actual activities resulting from the author's supervision, the Designer will prepare a report, present a list of completed tasks, studies and other elements included in the supervision, The Ordering Party shall approve the report or submit comments on it within 5 business days of receiving the report. In the event of comments, the Designer will respond to them within three business days. Acceptance of the supervision service will be made by signing the partial acceptance protocol for a given month. Acceptance of each stage of the Subject of the Agreement is carried out by signing an Acceptance Protocol (without comments or reservations). In the event that a given stage includes the execution of a part of the Detailed Design Study, the Acceptance Protocol of the given stage shall be attached to the Acceptance Protocol of the given part of the Detailed Design Study.
Appears in 1 contract
Sources: Contract Agreement
ACCEPTANCE OF WORKS. 1. The subject matter of the Agreement shall be delivered to the Ordering Party within the time limits specified in § 3(1) of the Agreement. The place of collection of the documents comprising the Detailed Design Development shall be the seat of the Ordering Party, unless otherwise agreed by the Parties (by email or in writing).
2. The Parties agree on the following procedure for acceptance of the Project Documentation, including each of its parts: :
a) on the date of completion of a given part of the Detailed Design Development, the Designer shall report and submit it to the Ordering Party for verification, based on a written handover protocol (hereinafter referred to as the Handover Protocol), the Ordering Party may agree to submit a given part of the Design Documentation for verification by email (consent shall be granted by the Representative of the Ordering Party by email or in paper form). In this case, the date of signing the Handover Protocol is the date on which the Ordering Party receives the electronic correspondence containing a given part of the Detailed Design Study, ,
b) The Ordering Party shall, within 10 Business Days from the submission of a given part of the Detailed Design Study, approve it or provide comments in writing or by e-mail. Failure to comment on the Detailed Design Study in this manner shall not affect the liability for defects thereof under the terms of § 12; ;
c) in case of the Ordering Party's failure to submit comments within the deadline, the Parties shall consider that the relevant part of the Detailed Design Study has been received by the Ordering Party without comments; ;
d) in the event that the Ordering Party submits comments, the Designer shall make corrections to the Detailed Design Studies or parts thereof, in accordance with the comments submitted, within 5 (five) Business Days from the date of receipt of the comments; unless the scope of the changes requires a longer period, and the Parties will agree on such a date (in writing or via e-mail, otherwise null and void) - the Ordering Party's position is considered decisive; ;
e) The Designer shall have the right to refuse to make changes and corrections to the submitted part of the Detailed Design Study if they violate the applicable regulations or principles of technical knowledge or are inconsistent with the provisions of the Agreement; in such case, the Designer shall submit to the Ordering Party a written or email statement of refusal to make such corrections with a justification of the reason for the refusal; ;
f) The Ordering Party has the right, within a period of 7 (seven) days from the date of submission of the supplemented or corrected part of the Detailed Design Study, to submit to the Designer comments that were previously submitted and that have not been duly corrected or taken into account by the Designer; the resubmission of the part of the Detailed Design Study shall take place within the period specified in item 4); the Ordering Party may also submit within this period new comments (previously not submitted) according to the rules specified in item 2 and n. above, with the result that the deadline for acceptance of the given part of the Detailed Design Study to which the new comments relate is postponed by the number of days required by the Designer to take into account the newly submitted comments; ;
g) the document confirming acceptance by the Ordering Party of a given part of the Detailed Design Study shall be a protocol signed by the Parties (hereinafter referred to as the "Acceptance Protocol"); ;
h) Upon acceptance of a given part of the Detailed Design Study, the Designer shall deliver to the Ordering Party's seat that part of the Detailed Design Study in hard copy (3 copies) and send it by email to the Ordering Party's Representative; ;
3. The Detailed Design Study or a part of it will be provided to the Ordering Party in electronic version in PDF and editable formats, as well as in hard copy in three copies. Film or multimedia presentations will be released in AVI, MPG or WMV format, and animatics in QuickTime, MP4, .mov format and in the form of a 3D model depending on the software used by the Designer.
4. In the event of failure to submit the completed and corrected part of the Detailed Design Study or failure to send a statement of refusal to make changes within the time limits indicated above, the Ordering Party shall call (in writing or by email) on the Designer to submit the completed and corrected part or send a statement of refusal to make changes and set an additional period of not less than 3 business days for this purpose; ;
5. Acceptance of the provision of author's supervision will be carried out in parts of the following principles: :
1) By the 5th working day after the end of the month in which the Designer performed the actual activities resulting from the author's supervision, the Designer will prepare a report, present a list of completed tasks, studies and other elements included in the supervision, ,
2) The Ordering Party shall approve the report or submit comments on it within 5 business days of receiving the report. In the event of comments, the Designer will respond to them within three business days. .
3) Acceptance of the supervision service will be made by signing the partial acceptance protocol for a given month.
6. Acceptance of each stage of the Subject of the Agreement is carried out by signing an Acceptance Protocol (without comments or reservations). In the event that a given stage includes the execution of a part of the Detailed Design Study, the Acceptance Protocol of the given stage shall be attached to the Acceptance Protocol of the given part of the Detailed Design Study.
Appears in 1 contract
Sources: Contract Agreement