Hardware Testing Agreement

Updated at:March 2010
 
FREE EXCERPT

This Agreement made at................. on this....... day of............. 20.....

BETWEEN

...................................(Name of Individual or entity)residing at / having its registered office at................................ (hereinafter referred to as "PURCHASER") which expression shall unless it be repugnant to the context be deemed to include its successors and assignees

AND

...................................... A Public Limited / Private Limited Company/ having registered office at............................ (hereinafter referred to as "TESTER") which expression shall unless it be repugnant to the extent be deemed to include its successors and assignees.

WHEREAS the PURCHASER has approached the TESTER for the testing of computer hardware equipment as mentioned in this contract.

WHEREAS the TESTER agrees to provide certain services in respect of testing of the equipment to the PURCHASER.

NOW THEREFORE, in consideration of the mutual covenants and obligations by the parties thereto, it is agreed as follows":

Definitions

The following clauses define identified words and expressions that are used in the contract. Throughout the contract, unless and otherwise stated contrarily in a given context, the word or expression in question carries the definition as given below:

(i) Acceptance Date: means the date on which the Purchaser accepts the equipment.

(ii) Appropriate Hardware: means the predetermined hardware along with the required documentation meeting the specifications as stated in the Schedule;

(iii) Budget: means the budget giving all the relevant details as to quality, quantity and projected cost etc., to be prepared and agreed for each Budget Year;

(iv) Budget Year: means each period of 12 months or less in the event of a termination during the enforceable period of the agreement;

(v) Confederate: means, in relation to the Purchaser, another person, firm or company which either directly or indirectly controls the affairs of the business or having empowered to do so either by the applicable statute or by the relevant clauses of the pertinent agreement.

(vi) Delivery Date: means the delivery date specified in Schedule...or such date as may be granted or agreed to by the parties to the contract;

(vii) Documentation: means in this context, the related manuals and other material associated with the Computer Hardware;

(viii) Electronic Record [s]: means all information concerning this Agreement that is stored in the electronic form either in a PC or floppy or CD or any other comparable medium in which such record can be stored in the electronic form;

(ix) Equipment: means the items of hardware identified by the nature (as popularly and commercially understood), brand type, serial number and price in the Schedule;

(x) Operative Specifications: means the Operative Specifications in accordance with which the hardware is to be assembled and as detailed in the manual.

(xi) Place of Use: means the site at which the Purchaser intends to install and operate and use the computer Hardware equipment;

(xii) Restricted Information: means all business technical, financial or other information created or exchanged between the parties and any other information which the parties to the contract treat as restricted or confidential;

(xiii) Subject Matter: means the computer hardware equipment as agreed and identified by the parties to the contract;

(xiv) Tailored Hardware: means either the existing or invoiced hardware modified or customised to meet the specifications as stated in the Schedule;

Acceptance, Rights and Obligations

  1. Testing of Hardware

    (a) The Tester shall perform tests to the Equipment before despatch to the Purchaser,

    (b) The Tester shall provide the Purchaser with copies of the certification that the Equipment has passed the Tests].

    (c) The Test is conducted in the presence of the Purchaser or his representatives.

    (d) The Test shall be deemed to have been conducted in the presence of the Purchaser if the Purchaser does not attend the tests after being provided with..days' prior written notice of the conduction of such Tests.

    (e) Such tests shall analyse and assess the circuitry and all the mechanical aspects of the Equipment.

    (f) If the Equipment fails to pass such tests, the same may be repeated within a reasonable time upon the same terms and conditions envisaged in this Agreement.

    (g) Upon the closure of such tests, the Tester shall provide a Certificate to the Purchaser designating the Equipment as ready for use.

    (h) The Tester shall also conduct periodical testing free of charge at the request of the Purchaser within the hours of.... am and...pm from Monday to........(Bank and other Public holidays excepted].

    (i) The Tester shall replace any defective part if such part is found defective after it's testing.

    (j) Replacement of defective parts shall be free of charge until the expiry of the period of warranty.

    (k) All parts of the Hardware Equipment are warranted for a period of... year[s] against defects and shall be replaced free of charge within this period.

    Consideration

  2. The Tester shall send an invoice for the testing of Equipment...

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