Clauses > Acceptance


Standard Standard — Limited inspection time; No special rights. 


  1. Acceptance
    1. Acceptance of Delivery. [PARTY A] will be deemed to have completed its delivery obligations if
      1. in [PARTY B]'s opinion, the [DELIVERABLE] satisfies the Acceptance Criteria, and
      2. [PARTY B] notifies [PARTY A] in writing that it is accepting the [DELIVERABLE].
    2. Inspection and Notice. [PARTY B] will have [INSPECTION PERIOD] Business Days to inspect and evaluate the [DELIVERABLE] on the delivery date before notifying [PARTY A] that it is either accepting or rejecting the [DELIVERABLE].
    3. Acceptance Criteria. The "Acceptance Criteria" are the specifications the [DELIVERABLES] must meet for [PARTY A] to comply with its requirements and obligations under this agreement, detailed in [ATTACHMENT], attached to this agreement.

Tags:
Party weight: Neutral


  1. Acceptance
    1. Acceptance of Delivery. [PARTY A] will be deemed to have completed its delivery obligations if
      1. in [PARTY B]'s opinion, the [DELIVERABLE] satisfies the Acceptance Criteria, and
      2. [PARTY B] notifies [PARTY A] in writing that it is accepting the [DELIVERABLE].
    2. Inspection and Notice. [PARTY B] will have [INSPECTION PERIOD] Business Days to inspect and evaluate the [DELIVERABLE] on the delivery date before notifying [PARTY A] that it is either accepting or rejecting the [DELIVERABLE].
    3. Rejection. If in [PARTY B]'s opinion the [DELIVERABLE] does not satisfy the Acceptance Criteria,
      1. [PARTY B] will deliver to [PARTY A] a written list detailing each failure to satisfy the Acceptance Criteria, and
      2. [PARTY A] will use reasonable efforts to promptly correct the [DELIVERABLE], and re-deliver the [DELIVERABLE] for [PARTY B] to re-inspect and evaluate the [DELIVERABLE] before accepting or rejecting the re-delivery.
      3. Continued Failure. If in [PARTY B]'s opinion, [PARTY A]'s corrections fail to satisfy the Acceptance Criteria [NUMBER OF FAILURES ACCEPTANCE CRITERIA] times, [PARTY B] may either
        1. terminate this agreement, or
        2. adjust the Acceptance Criteria, and require [PARTY A] to pay the Adjustment Fee.
      4. Adjustment Fee. "Adjustment Fee" means $[ADJUSTMENT FEE].
      5. Liquidated Damages Statement. [PARTY A] acknowledges that
        1. the actual damages likely to result from the late delivery of the [DELIVERABLE], due to [PARTY A]'s failure to comply with the Acceptance Criteria, are difficult to estimate when entering this agreement and would be difficult for [PARTY B] to prove,
        2. the parties intend that [PARTY A]'s payment of the Adjustment Fees would serve to compensate [PARTY B] for [PARTY A]'s failure to timely deliver [DELIVERABLE] that complies with the Acceptance Criteria, not to serve as punishment for any such breach by [PARTY A].
    4. Acceptance Criteria. The Acceptance Criteria are the specifications the [DELIVERABLE] must meet for [PARTY A] to comply with its requirements and obligations, and detailed in [ATTACHMENT], attached to this agreement.

Tags:
Party weight: Heavy Pro-Providee


  1. Acceptance
    1. Acceptance of Delivery. [PARTY A] will be deemed to have completed its delivery obligations if
      1. within [10] Business Days of the Acceptance Period [PARTY B] fails to notify [PARTY A] that the [DELIVERABLE] fails to satisfy the Acceptance Criteria,
      2. at any time after the Acceptance Period, [PARTY B] sells, runs, or otherwise uses the [DELIVERABLE] in a way a reasonable person would consider consistent with [PARTY B] having accepting ownership of the [DELIVERABLE] from [PARTY A], or
      3. in [PARTY B]'s opinion the [DELIVERABLE] satisfies the Acceptance Criteria, and
      4. [PARTY B] notifies [PARTY A] it is accepting the [DELIVERABLE].
    2. Rejection. If in [PARTY B]'s opinion the [DELIVERABLE] does not satisfy the Acceptance Criteria
      1. [PARTY B] will deliver to [PARTY B] a written list detailing each failure to satisfy the Acceptance Criteria, and
      2. [PARTY A] will use reasonable efforts to promptly correct the [DELIVERABLE], and re-deliver the [DELIVERABLES] for [PARTY B] to re-inspect and evaluate the [DELIVERABLE].
      3. Continued Failure. If in [PARTY B]'s opinion, [PARTY A]'s corrections fail to satisfy the Acceptance Criteria [NUMBER OF FAILURES ACCEPTANCE CRITERIA] times, then [PARTY B] may either
        1. terminate this agreement; or
        2. adjust the Acceptance Criteria.
    3. Acceptance Period. [PARTY B] may have [ACCEPTANCE PERIOD] Business Days after the date of the delivery or installation of the [DELIVERABLE] to inspect and evaluate the [DELIVERABLE] (the "Acceptance Period").
    4. Acceptance Criteria. The Acceptance Criteria are the specifications the [DELIVERABLE] must meet for [PARTY A] to comply with its requirements and obligations, and detailed in [ATTACHMENT], attached to this agreement.

Tags:
Party weight: Heavy Pro-Provider


  1. Acceptance
    1. Acceptance of Delivery. [PARTY A] will be deemed to have completed its delivery obligations if
      1. in [PARTY B]'s opinion, the [DELIVERABLE] satisfies the Acceptance Criteria, and
      2. [PARTY B] notifies [PARTY A] in writing that it is accepting the [DELIVERABLE].
    2. Inspection and Notice. [PARTY B] will have [INSPECTION PERIOD] Business Days to inspect and evaluate the [DELIVERABLE] on the delivery date before notifying [PARTY A] that it is either accepting or rejecting the [DELIVERABLE].
    3. Rejection. If in [PARTY B]'s opinion the [DELIVERABLE] do not satisfy the Acceptance Criteria
      1. [PARTY B] will deliver to [PARTY A] a written list detailing each failure to satisfy the Acceptance Criteria, and
      2. [PARTY A] will use reasonable efforts to promptly correct the [DELIVERABLE], and re-deliver the [DELIVERABLE] for [PARTY B] to re-inspect and evaluate the [DELIVERABLES] before accepting or rejecting the re-delivery.
    4. Continued Failure. If in [PARTY B]'s opinion, [PARTY A]'s corrections fail to satisfy the Acceptance Criteria [NUMBER OF FAILURES ACCEPTANCE CRITERIA] times, [PARTY B] may either
      1. terminate this agreement, or
      2. adjust the Acceptance Criteria.
  2. Acceptance Criteria. The Acceptance Criteria are the specifications the [DELIVERABLE] must meet for [PARTY A] to comply with its requirements and obligations, and detailed in [ATTACHMENT], attached to this agreement.

Tags:
Party weight: Slight Pro-Provider