Common use of Test phase Clause in Contracts

Test phase. 7.1. If the parties conclude a contract for the implementation of a test phase with a "proof of concept", the provisions in Section 7 shall take precedence over the other terms of use. 7.2. During the test phase, the Client may use the system at its own responsibility exclusively for test purposes and for evaluation. The Contractor is therefore not obliged to make the system available without defects and impairments or with certain functions and availability. The Contractor is not obliged to provide maintenance, care, and support. 7.3. In the contract, the parties agree on the system version to be tested and can define "Key Performance Indicators" ("KPIs") for evaluating the system. 7.4. In the contract, the parties agree whether the contractor will provide the system free of charge or against payment. The remuneration shall be invoiced at the beginning of the test phase and is due within 14 days. 7.5. The Client shall bear its own costs and expenses during the test phase. He must treat the software and hardware that the Contractor lends him during the test phase with care. The Client shall be liable for any damage and shall bear the costs of returning the software to the Contractor. 7.6. If the Contractor makes the system available to the Client free of charge, it shall only be liable to the Client for intent and gross negligence. 7.7. The duration of the test phase is regulated in the contract. During the term, the parties can end the test phase at any time and terminate the contract. At the end of the term, the test phase ends automatically, unless the parties agree otherwise in the contract. 7.8. The parties may agree in the contract that the Contractor shall inform the Client at the end of the test phase whether the agreed KPIs have been met. If the KPIs have not been met, the test phase ends automatically. If

Test phase. 7.1. If the parties conclude a contract for the implementation of a test phase with a "proof of concept", the provisions in Section 7 shall take precedence over the other terms of use. 7.2. During the test phase, the Client may use the system at its own responsibility exclusively for test purposes and for evaluation. The Contractor is therefore not obliged to make the system available without defects and impairments or with certain functions and availability. The Contractor is not obliged to provide maintenance, care, and support. 7.3. In the contract, the parties agree on the system version to be tested and can define "Key Performance Indicators" ("KPIs") for evaluating the system. 7.4. In the contract, the parties agree whether the contractor will provide the system free of charge or against payment. The remuneration shall be invoiced at the beginning of the test phase and is due within 14 days. 7.5. The Client shall bear its own costs and expenses during the test phase. He must treat the software and hardware that the Contractor lends him during the test phase with care. The Client shall be liable for any damage and shall bear the costs of returning the software to the Contractor. 7.6. If the Contractor makes the system available to the Client free of charge, it shall only be liable to the Client for intent and gross negligence. 7.7. The duration of the test phase is regulated in the contract. During the term, the parties can end the test phase at any time and terminate the contract. At the end of the term, the test phase ends automatically, unless the parties agree otherwise in the contract. 7.8. The parties may agree in the contract that the Contractor shall inform the Client at the end of the test phase whether the agreed KPIs have been met. If the KPIs have not been met, the test phase ends automatically. Ifbeen