Common use of DELIVERY, INSTALLATION AND ACCEPTANCE Clause in Contracts

DELIVERY, INSTALLATION AND ACCEPTANCE. 43.1 The provisions of article 35 with respect to delivery and installation apply mutatis mutandis. 43.2 Unless supplier is obliged, under the agreement, to host the software and/or website for client on its own computer system, supplier either delivers the software and/or website to client on a data carrier and in a form determined by supplier, or makes the software and/or website online available to client. 43.3 The provisions of article 36 of these general terms with respect to acceptance apply mutatis mutandis. 43.4 If parties make use of a development method as referred to in article 42, the provisions of article 36.1, 36.2, article 36.4 up to and including 36.9, article 36.12 and article 40.1 and 40.5 do not apply. Client accepts the software and/or website in the state it is in at the moment the last development phase ends (‘as is, where is’).

DELIVERY, INSTALLATION AND ACCEPTANCE. 43.1 36.1 The provisions of article 35 with respect to delivery and installation apply mutatis mutandis. 43.2 36.2 Unless supplier is obliged, under the agreement, to host the software and/or website for client on its own computer system, supplier either delivers the software and/or website to client on a data carrier and in a form determined by supplier, or makes the software and/or website online available to client. 43.3 36.3 The provisions of article 36 of these general terms with respect to acceptance apply mutatis mutandis. 43.4 36.4 If parties make use of a development method as referred to in article 42, the provisions of article 36.1, 36.2, article 36.4 up to and including 36.9, article 36.12 and article 40.1 and 40.5 do not apply. Client accepts the software and/or website in the state it is in at the moment the last development phase ends (‘as is, where is’).