Common use of DELIVERY, INSTALLATION AND ACCEPTANCE Clause in Contracts

DELIVERY, INSTALLATION AND ACCEPTANCE. 22.1 FP-development B.V. shall deliver the software to be developed to the Customer and install it as much as possible in accordance with the specifications recorded in writing, with installation only occurring if installation by FP-development B.V. has been agreed in writing. In the absence of express agreements in this regard, the Customer itself shall install, set up, design parameters for and tune the software and, if necessary, adjust the equipment and user environment used in this connection. Unless expressly otherwise agreed, FP-development B.V. shall not be required to convert data. 22.2 If an acceptance test has been agreed, the test period shall be 14 days after delivery or, if installation by FP-development B.V. has been agreed in writing, after the installation is completed. The Customer shall not be allowed to use the software for productive or operational purposes during the test period. FP-development B.V. may always require, hence, even if this has not been expressly agreed, that the Customer conduct a proper test of sufficient scope and depth using sufficiently qualified employees as to interim or other results of the development work and that the test results be reported to FP-development B.V. in writing and in a well-organized and comprehensible manner. 22.3 The software shall be considered accepted by the Parties: (a) if an acceptance test has not been agreed between the Parties: at the time of delivery or, if installation by FP-development B.V. has been agreed in writing, when the installation is completed, or (b) f an acceptance test has been agreed between the Parties: on the first day after the test period, or (c) if FP-development B.V. receives a test report as referred to in Article 22.5 before the end of the test period: at the time that the errors within the meaning of Article

DELIVERY, INSTALLATION AND ACCEPTANCE. 22.1 FP-development B.V. 18.1 The Supplier shall deliver and install the software Software to be developed to the Customer and install it Client as much far as possible in accordance with the specifications recorded in writingwritten specifications, with although such installation shall only occurring occur if installation by FP-development B.V. the Supplier has been agreed in writing. In the absence of express agreements in this regardIf no explicit arrangements have been agreed with respect to this, the Customer itself shall Client will install, set up, design parameters for configure and tune calibrate the software and, Software itself and if necessary, adjust needed modify the equipment Equipment and user environment used in this connectionenvironment. Unless expressly otherwise agreedexplicitly agreed otherwise, FP-development B.V. shall the Supplier is not be required obliged to convert dataperform data conversions. 22.2 18.2 If an acceptance test has been agreed, the test period shall be 14 is fourteen days after delivery or, if installation by FP-development B.V. the Supplier has been agreed in writing, after completion of the installation installation. During the test period the Client is completed. The Customer shall not be allowed permitted to use the software Software for productive or operational purposes during the test periodpurposes. FP-development B.V. The Supplier may always requiredemand, hence, even therefore also if this such has not been expressly explicitly agreed, that the Customer conduct Client conducts a proper test of sufficient scope scale and depth using with sufficiently qualified employees as to interim or other of (interim) results of the development work activities and that the test results be are reported to FP-development B.V. the Supplier in writing in an orderly and in a well-organized and comprehensible mannerunderstandable way. 22.3 18.3 The software Software shall be considered have been accepted by the between Parties: (a) a. if an no acceptance test has not been agreed between the Parties: at the time of upon delivery or, if installation by FP-development B.V. the Supplier has been agreed in writing, when upon the installation is completedcompletion of the installation, or (b) f b. if an acceptance test has been agreed between the Parties: on the first day after the test period, or (c) c. if FP-development B.V. the Supplier receives a test report as referred to in Article 22.5 article 18.5 before the end of the test period: at the time moment that the errors as mentioned in that test report, within the meaning of article 6.6, have been rectified, without prejudice for the presence of imperfections that, according to article 18.6, do not obstruct Acceptance. This notwithstanding, if the Client uses it before the moment of explicit Acceptance for productive or operational purposes, the Software shall be deemed to have been fully accepted from the moment of such use. 18.4 If, during the agreed acceptance test, the Software is shown to contain errors that obstruct the acceptance test, the Client shall notify the Supplier of this in writing in detail, in which event the test period will be interrupted until the Software has been modified such that said obstruction no longer exists. 18.5 If, during the agreed acceptance test, the Software is shown to contain errors within the meaning of Articlearticle 6.6, the Client shall notify the Supplier of the errors in a detailed written test report no later than the final day of the test period. The Supplier shall use best efforts to rectify the errors in question within a reasonable term, being entitled to introduce provisional solutions, software workarounds or restrictions that avoid the problem in the Software.

DELIVERY, INSTALLATION AND ACCEPTANCE. 22.1 FP-development B.V. The supplier shall deliver the software to be developed to the Customer principal and install it as much as possible in accordance with the specifications recorded in writing, with installation only occurring if installation by FP-development B.V. the supplier has been agreed in writing. In the absence of express agreements in this regard, the Customer principal itself shall install, set up, design parameters for and tune the software and, if necessary, adjust the equipment and user environment used in this connection. Unless expressly otherwise agreed, FP-development B.V. the supplier shall not be required to convert data. 22.2 If an acceptance test has been agreed, the test period shall be 14 days after delivery or, if installation by FP-development B.V. the supplier has been agreed in writing, after the installation is completed. The Customer principal shall not be allowed to use the software for productive or operational purposes during the test period. FP-development B.V. The supplier may always require, hence, even if this has not been expressly agreed, that the Customer conduct principal performs a proper test of sufficient scope and depth using sufficiently qualified employees as to interim or other results of the development work and that the test results be reported to FP-development B.V. the supplier in writing and in a well-organized organised and comprehensible manner. 22.3 The software shall be considered accepted by the Partiesparties: (a) if a. If an acceptance test has not been agreed between the Partiesparties: at the time of delivery or, if installation by FP-development B.V. the supplier has been agreed in writing, when the installation is completed, or (b) f b. If an acceptance test has been agreed between the Partiesparties: on the first day after the test period, or (c) if FP-development B.V. c. If the supplier receives a test report as referred to in Article article 22.5 before the end of the test period: at the time that the errors within the meaning of Articlearticle 6.6 mentioned in that test report have been fixed, notwithstanding the existence of imperfections which do not preclude acceptance under article 22.