GLOBAL MESH TECHNOLOGIES 1-2007 - Laserfiche WebLink

Home Browse Search

. ~<( ~o 2Q"A on System Acceptance I 0% within 10 days of City's sign off of project which includes notification that all equipment has been delivered, installed and accepted. . c. Additional Equipment or Software. For one (I) year after the Effective Date, City may order additional equipment or software at the pricing level set forth in Exhibit B. Notwithstanding any additional or contrary terms in the order, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk ofloss to equipment, warranty commencement and payment terms) will govern the purchase and sale of the additional equipment or software. Title and risk ofloss to additional equipment will pass at shipment, warranty will commence upon installation, and payment is due within thirty (30 days) after invoice date. Contractor will invoice City as the additional equipment is installed or software licensed. 3. TERM This Agreement shall commence on the date first written above, the "Effective Date". Unless terminated in accordance with Section 13 or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, whichever occurs last. 4. SYSTEM ACCEPTANCE 4.1. COMMENCEMENT OF ACCEPTANCE TESTING. After installation of the equipment and software, Customer shall commence Acceptance Tests for a minimum of ten (10) business days. System testing will verify that the equipment functions fully within the time and distance parameters set forth in Section 1.2. Customer will notify Contractor promptly upon completion of acceptance tests. 4.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Contractor a written notice that includes the specific details of the failure. If Customer does not provide to Contractor a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. If Customer fails to provide notification pursuant to Section 4.1, above, system acceptance will be deemed to have occurred forty (40) days after installation of the equipment and software. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor 3