Common use of SITE ACCEPTANCE TESTS Clause in Contracts

SITE ACCEPTANCE TESTS. Where Seller is responsible under the Contract for the performance of the Site Acceptance Tests: 10.1 When Installation is complete to Seller's satisfaction, Seller will give notice to Buyer of the commencement of the Site Acceptance Tests. Unless otherwise agreed in the Contract, the Site Acceptance Tests will be conducted in accordance with test procedures mutually agreed between the parties. 10.2 If Seller is unable to proceed with Site Acceptance Tests on the due date for commencement thereof due to reasons within the control of Buyer, or if the Products fails to pass the Site Acceptance Tests due to reasons outside Seller's control, the Products shall be deemed to have been taken over and the site acceptance certificate shall be deemed to have been signed by Buyer. In either event the Site Acceptance Tests, or repeats thereof, shall be conducted at a time to be agreed and any additional costs incurred by Seller shall be to the account of Buyer. 10.3 If during the Site Acceptance Tests any of the Products are found not to be in accordance with Seller’s specifications, Seller shall promptly make good the defect. Thereafter the Site Acceptance Tests shall be repeated in accordance with this Clause 10. 10.4 When the Products have passed Site Acceptance Tests, Buyer shall sign a Site Acceptance Certificate. The Site Acceptance Certificate may record that the Products have passed the Site Acceptance Tests but subject to reservations related to minor nonconformities to Seller’s specifications, which will be rectified by Seller at a time to be agreed. 10.5 The signature of the Site Acceptance Certificate by Buyer shall, save in the case of fraud or dishonesty relating to, or affecting any matter dealt with therein, be conclusive evidence of the sufficiency of the Products and any Services provided by Seller in connection with the Contract.

SITE ACCEPTANCE TESTS. Where Seller 8.1 Site Acceptance Tests will be carried out on completion of the Equipment or any item comprising the Equipment. 8.2 When the Contractor is responsible under ready to commence the Contract Site Acceptance Tests, he shall notify the Supervising Officer and such tests shall commence on the date agreed by the Supervising Officer and the Contractor but in any event shall not be later than fourteen working days after the date of the notice referred to herein or thirty days after Delivery of the Equipment to the Site whichever is the sooner. If the Company fails to designate a date for the performance commencement of Site Acceptance Tests within fourteen days following Contractor notice that he is ready to commence such Site Acceptance Tests. The Company shall pay for the Equipment. In the event that the Equipment subsequently fails Site Acceptance Tests, the Contractor shall reimburse the payment until such time as the Equipment meets the requirements of the Site Acceptance Tests:. 10.1 When Installation is complete to Seller's satisfaction, Seller will give notice to Buyer 8.3 The Contractor shall provide the Company with three copies of the commencement all documents and records produced as a result of the Site Acceptance Tests. Unless otherwise agreed or in the Contract, connection with the Site Acceptance Tests will be conducted and listed in accordance with test procedures mutually agreed between Appendix 7 hereto 8.4 If the parties. 10.2 If Seller is unable to proceed with Site Acceptance Tests on the due date for commencement Equipment or any part thereof due to reasons within the control of Buyer, or if the Products fails to pass the Site Acceptance Tests due to reasons outside Seller's control, or the Products shall be deemed to have been taken over and Contractor accepts that the site acceptance certificate shall be deemed to have been signed by Buyer. In either event the Site Acceptance Tests, or repeats thereof, shall be conducted at a time to be agreed and any additional costs incurred by Seller shall be to the account of Buyer. 10.3 If during the Site Acceptance Tests any of the Products are found Equipment is not to be in accordance with Seller’s specificationsthe Contract, Seller then, without prejudice to the CONTRACT NO. GP/0583/95/TG Company's rights under clause 15, the Contractor shall promptly make good any defects at his own expense and with all reasonable speed diligence and shall submit details to the defect. Thereafter Supervising Officer and the Site Acceptance Tests shall be repeated in accordance with this Clause 10repeated. 10.4 When 8.5 If the Products have passed Site Acceptance Tests, Buyer shall sign a Site Acceptance Certificate. The Site Acceptance Certificate may record that the Products have passed Equipment or any part thereof fails to pass the Site Acceptance Tests but by the date specified in the Installation Schedule or if no date is specified within a reasonable time, then, the Company may in its absolute discretion: 8.5.1 accept the Equipment subject to reservations related such reasonable reduction in the Contract Price as may be agreed between the Company and the Contractor, or in the abscence of any agreement being reached as may be determined by an arbitrator under clause 32; or 8.5.2 reject the Equipment or any part thereof and the Contractor shall entirely at its own cost and without any entitlement to minor nonconformities to Seller’s specificationsany additional time, which will be rectified by Seller at a time to be agreed.replace the Equipment or any part thereof so rejected, or 10.5 The signature 8.5.3 terminate the employment of the Site Acceptance Certificate by Buyer shall, save Contractor under the Contract in accordance with clause 22. Provided always that the Company shall first have given the Contractor an opportunity to rectify any defect or fault in the case of fraud or dishonesty relating to, or affecting any matter dealt with therein, be conclusive evidence of Equipment and the sufficiency of Contractor has failed to rectify the Products and any Services provided by Seller in connection with the Contractsame within a reasonable time.

SITE ACCEPTANCE TESTS. Where Seller is responsible under the Contract for the performance of the Site Acceptance Tests, the following should apply: 10.1 S.14.1 When Installation is complete to Seller's satisfaction, Seller will give 7 (seven) days' notice to Buyer of the commencement of the Site Acceptance Tests. Unless otherwise agreed in the Contract, the Site Acceptance Tests will be conducted in accordance with Seller's standard test procedures mutually agreed between the partiesprocedures. 10.2 S.14.2 If Seller is unable to proceed with Site Acceptance Tests on the due date for commencement thereof due to reasons within the control of Buyer, or if the Products System fails to pass the Site Acceptance Tests due to reasons outside Seller's control, the Products System shall be deemed to have been taken over and the site acceptance certificate Site Acceptance Certificate referred to in Sub-Clause S.14.4 shall be deemed to have been signed by Buyer. In either event the Site Acceptance Tests, or repeats thereof, shall be conducted at a time to be agreed and any additional costs incurred by Seller shall be to the account of Buyer. 10.3 S.14.3 If during the Site Acceptance Tests any of the Products are System is found not to be in accordance with Seller’s specificationsthe Specification, Seller shall promptly make good the defect. Thereafter the Site Acceptance Tests shall be repeated in accordance with this Clause 10S.14, insofar as is necessary to demonstrate that the System conforms with the Specification. 10.4 S.14.4 When the Products have System has passed Site Acceptance Tests, Buyer shall sign a Site Acceptance Certificate. The Site Acceptance Certificate may record that the Products have System has passed the Site Acceptance Tests but subject to reservations related to minor nonconformities to Seller’s specificationsdefects, which defects will be rectified by Seller at a time to be agreed. 10.5 S.14.5 The signature of the Site Acceptance Certificate by Buyer shall, save in the case of fraud or dishonesty relating to, to or affecting any matter dealt with therein, and save for any continuing liabilities of Seller as detailed in Clause 10 of the Standard Conditions of Sale, or the remedying of minor defects referred to in Sub-Clause S.14.4, be conclusive evidence of the sufficiency of the Products System and any Services Site Work provided by Seller in connection with the Contract.