Common use of Design Specifications Clause in Contracts

Design Specifications. On execution of a Delivery Order hereunder, TRX shall, with WORLDTRAVEL’s cooperation, gather the necessary detailed requirements and develop and deliver to WORLDTRAVEL a set of Design Specifications meeting WORLDTRAVEL’s requirements as set out in such Delivery Order. An authorized representative of TRX shall certify to WORLDTRAVEL in writing that the Design Specifications are fully capable of meeting WORLDTRAVEL’s requirements as contained in the Delivery Order, except as expressly agreed to otherwise in writing by WORLDTRAVEL and that TRX is fully capable of developing and delivering the Custom Application Software. If such Design Specifications are prepared by TRX at WORLDTRAVEL’s request and initiation under such a Delivery Order, the Delivery Order shall provide for WORLDTRAVEL to pay for the preparation of such Design Specifications at cost. TRX shall use reasonable efforts to deliver the Design Specifications to WORLDTRAVEL on or before the specified time set forth in the Implementation Schedule. WORLDTRAVEL acknowledges that such timely delivery by TRX requires WORLDTRAVEL’s best efforts to cooperate and provide necessary information on a timely basis. TRX shall not be responsible for failure to timely deliver such Design Specification if such failure is due to WORLDTRAVEL’s acts or failure to act. Within a mutually agreed upon date after the delivery of the Design Specifications to WORLDTRAVEL, WORLDTRAVEL shall notify TRX in writing of its acceptance or rejection of the Design Specifications. If the Design Specifications are rejected, for any cause other than changes requested by WORLDTRAVEL, WORLDTRAVEL will specify the reasons for such rejection and TRX shall revise and re-deliver amended Design Specifications to WORLDTRAVEL for acceptance at no additional charge to WORLDTRAVEL. If WORLDTRAVEL rejects the amended Design Specifications, WORLDTRAVEL shall have the right to terminate that Delivery Order and make no further payments. If WORLDTRAVEL has neither accepted nor rejected the Design Specifications within thirty (30) days after the delivery thereof, the Design Specifications shall be deemed to have been accepted by WORLDTRAVEL. Once the Design Specifications are accepted, they automatically become part of the Delivery Order.

Design Specifications. On execution Buyer agrees that Arcadia’s sole obligation with respect to the design specifications and/or description of a Delivery Order hereunder, TRX shall, the Products (“Specifications”) is to manufacture them in accordance with WORLDTRAVELthe Specifications included in Arcadia’s cooperation, gather written acceptance of Buyer’s purchase order. If there is any difference between the necessary detailed requirements and develop and deliver to WORLDTRAVEL a set Specifications of Design Specifications meeting WORLDTRAVEL’s requirements as set out in such Delivery Order. An authorized representative of TRX shall certify to WORLDTRAVEL in writing that the Design Specifications are fully capable of meeting WORLDTRAVEL’s requirements as Products contained in the Delivery Orderorder confirmation and the Specifications of the Products contained in any other document, except as expressly including but not limited to quotations, purchase orders, or correspondence, Buyer must notify Arcadia in writing within 24 hours of the date of the order confirmation, or the order confirmation shall create an irrebuttable presumption that the Specifications in the order confirmation are the final Specifications of the Products agreed to otherwise in writing by WORLDTRAVEL Buyer and Arcadia. Such notice must be emailed to the Arcadia salesman handling Buyer’s account, to ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇, and to ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇. Buyer agrees that TRX is fully capable of developing and delivering the Custom Application Software. If such Design Specifications are prepared by TRX at WORLDTRAVEL’s request and initiation under such a Delivery Order, the Delivery Order shall provide for WORLDTRAVEL to pay for the preparation of such Design Specifications at cost. TRX shall use reasonable efforts to deliver the Design Specifications to WORLDTRAVEL on or before the specified time set forth in the Implementation Schedule. WORLDTRAVEL acknowledges that such timely delivery by TRX requires WORLDTRAVEL’s best efforts to cooperate and provide necessary information on a timely basis. TRX Arcadia shall not be responsible liable for failure any damages if the Specifications, the quotation, the purchase order, the order acknowledgment, or the order confirmation do not conform to timely deliver such Design Specification if such failure is due or comply with the owner’s/architect’s Specifications, building codes, or any applicable statute including but not limited to WORLDTRAVEL’s acts or failure to actthe Americans with Disabilities Act. Within Any changes must be in writing and Buyer must reimburse Arcadia for all costs and expenses incurred as a mutually agreed upon date after the delivery result of the Design Specifications to WORLDTRAVEL, WORLDTRAVEL shall notify TRX change. Arcadia has not and will not be involved in writing the selection of its acceptance Products or rejection in the installation of the Design SpecificationsProducts. Buyer acknowledges that Arcadia’s Products are designed and manufactured to specific performance levels and are rated and classified for particular uses. Different Product applications require different levels of product performance. If the Design Specifications are rejectedorder confirmation does not include all needed manufacturing specifications (“Missing Specs”), Arcadia shall manufacture the Products using its choice of any Missing Specs and shall not be liable for any cause other than changes requested by WORLDTRAVELdamages if its choice conforms to standard performance levels. Unless Buyer has requested, WORLDTRAVEL will specify in writing, and paid Arcadia a separate and additional fee for assembly and installation instructions, and unless the reasons same is reflected on Arcadia’s quote, order confirmation, or invoice, Buyer agrees that any details shown are for such rejection purposes of illustration only and TRX shall revise and re-deliver amended Design Specifications are not intended to WORLDTRAVEL for acceptance at no additional charge to WORLDTRAVEL. If WORLDTRAVEL rejects be accurate instructions showing how the amended Design Specifications, WORLDTRAVEL shall have the right to terminate that Delivery Order and make no further payments. If WORLDTRAVEL has neither accepted nor rejected the Design Specifications within thirty (30) days after the delivery thereof, the Design Specifications shall Products should actually be deemed to have been accepted by WORLDTRAVEL. Once the Design Specifications are accepted, they automatically become part of the Delivery Orderinstalled or applied.