Testing & Acceptance. 5.1. The Buyer shall carry out acceptance testing on the Deliverables in accordance with the processes described in the Order Form in order to test the compliance of the relevant Deliverable(s) with the acceptance criteria for each Deliverable (the "Acceptance Criteria"). 5.2. The Parties will agree the Acceptance Criteria for each acceptance test prior to the relevant date specified in the Order Form. 5.3. The Buyer shall provide to the Supplier written indication of acceptance as soon as any Technical Deliverable has successfully completed an acceptance test by achieving the Acceptance Criteria. Such written indication of acceptance shall be provided by the Buyer to the Supplier within 5 Working Days of the successful conclusion of any acceptance test. If the Supplier has not received notice from the Buyer of the unsuccessful conclusion of the relevant acceptance test within 5 Working Days of the end of the relevant test, or if the Buyer makes live operational use of the relevant Technical Deliverable(s), such Technical Deliverable(s) will be deemed accepted by the Buyer (and the relevant Implementation Services completed). 5.4. If any acceptance test demonstrates that any Technical Deliverable(s) materially fails to satisfy the relevant Acceptance Criteria, the Buyer may require the Supplier to correct the Technical Deliverable(s) and to make them available to the Buyer within a reasonable time for the Buyer to re-perform the acceptance tests on the corrected Technical Deliverable(s). For the avoidance of doubt, the re- performed tests shall be to meet the same Acceptance Criteria as the original tests. The Supplier shall carry out such correction activities at no additional charge to the Buyer. 5.5. If any failure of a Technical Deliverable to achieve an Acceptance Criteria is as a result of an act and/or omission attributed to the Buyer and/or a third party, the Supplier shall at our reasonable discretion use reasonable endeavours to provide assistance to the Buyer subject always to the Buyer reimbursing the Supplier at our time and materials fee rates.
Appears in 1 contract
Sources: G Cloud Framework Agreement
Testing & Acceptance. 5.1. The Buyer shall carry out acceptance testing on the Deliverables in accordance with the processes described in the Order Form in order to test the compliance of the relevant Deliverable(s) with the acceptance criteria for each Deliverable (the "Acceptance the"Acceptance Criteria").
5.2. The Parties will agree the Acceptance Criteria for each acceptance test prior to the relevant date specified in the Order Form.
5.3. The Buyer shall provide to the Supplier an acceptance certificate substantially in the form set out in Exhibit A or other written indication of acceptance (the "Acceptance Certificate") as soon as any Technical Deliverable has successfully completed an acceptance test by achieving the Acceptance Criteria. Such Acceptance Certificate or other written indication of acceptance shall be provided by the Buyer to the Supplier within 5 Working Days of the successful conclusion of any acceptance test. If the Supplier has not received notice from the Buyer of the unsuccessful conclusion of the relevant acceptance test within 5 Working Days of the end of the relevant test, or if the Buyer makes live operational use of the relevant Technical Deliverable(s), such Technical Deliverable(s) will be deemed accepted by the Buyer theBuyer (and the relevant Implementation Services completed).
5.4. If Subject to clause 5.6, if any acceptance test demonstrates that any Technical Deliverable(s) materially fails to satisfy the relevant Acceptance Criteria, the Buyer may require the Supplier to correct the Technical Deliverable(s) and to make them available to the Buyer within a reasonable time for the Buyer to re-perform the acceptance tests on the corrected Technical Deliverable(s). For the avoidance of doubt, the re- re-performed tests shall be to meet the same Acceptance Criteria as the original tests. The Supplier shall carry out such correction activities at no additional charge to the Buyer.
5.5. If a re-performed acceptance test carried out in accordance with clause 5.4 does not satisfy the Acceptance Criteria, theBuyer’s exclusive remedy and the Supplier’s sole liability shall be, at the Buyer’s option and acting reasonably, to:
5.5.1. require the Supplier, within such reasonable period as is agreed between the Supplier and the Buyer at no additional charge to the Buyer, to correct the Technical Deliverable(s) and to make them available for the Buyer to perform a further repetition of the acceptance tests on the corrected Technical Deliverable(s); or
5.5.2. reject any of the Technical Deliverables that materially fail to achieve the Acceptance Criteria, to accept the remaining Deliverables and to pay the Charges that relate to the Services performed.
5.6. If any failure of a Technical Deliverable to achieve an Acceptance Criteria is as a result of an act and/or omission attributed to the Buyer and/or a third party, the Supplier shall at our its reasonable discretion use reasonable endeavours to provide assistance to the Buyer subject always to the Buyer reimbursing the Supplier at our its time and materials fee rates.
5.7. In respect of any Document Deliverables, the Buyer shall provide to the Supplier an Acceptance Certificate as soon as the relevant Document Deliverable has been successfully completed and delivered in accordance with the Order Form.Such Acceptance Certificate shall be provided by the Buyer to the Supplier within 5 Working Days of the successful completion and delivery of the Document Deliverable. If the Supplier has not received notice from the Buyer within 5 Working Days of delivery, the Document Deliverable will be deemed accepted by the Buyer. Such Document Deliverables will not be subject to acceptance testing in accordance with clauses 5.1 to
Appears in 1 contract
Sources: G Cloud Framework Agreement