Common use of Inspections and Acceptance Tests Clause in Contracts

Inspections and Acceptance Tests. (a) If Flender has agreed to perform any inspections or acceptance tests under the Agreement, they will be performed in accordance with Flender’s standard inspection and acceptance testing procedures and will be carried out at the place of manufacture or at another location at Flender’s option. Flender shall bear the cost of performing any inspections and acceptance tests which Flender specifies will be borne by Flender in Flender’s Offer. (b) Flender may agree to carry out additional inspections or acceptance tests requested by the Customer. If Flender does so, the Customer shall bear the cost of such additional inspections and acceptance tests and the time for performance of Flender's obligations shall be extended by a period equal to the time required to perform such additional inspections or acceptance tests. (c) If Flender agrees to perform inspections or acceptance tests witnessed by the Customer, the Customer must arrange for a representative to attend the designated test site at the designated time. If the Customer does not do so, Flender may proceed with carrying out the witnessed inspections and acceptance tests in the absence of the Customer’s representative and such inspections and acceptance tests shall be deemed to have been made in the Customer’s presence. (d) Flender shall not be responsible for any expenses incurred by the Customer or the Customer’s representative arising out of or in connection with any inspections or acceptance tests. (e) If during any such inspections or acceptance tests, Goods are found to have any Defect, Flender shall make good such Defect (as if it had occurred during the Defects Liability Period) in accordance with clause 15. Flender's liability, if any, shall be limited as provided for in clause 16. (f) Goods will be deemed to have passed any inspections and acceptance tests and to have been accepted by the Customer if the Goods are put into commercial use.