Test Plan for Optical Grooming Switches - Light Reading

12. BT Testing Services
Test Plan for Optical Grooming Switches
12.1 It is the Vendor’s responsibility to arrange and pay for the transport arrangements including insurance to
and from the test site specified by BT for the items being tested. BT shall not be liable for any loss or
damage in respect of such items, howsoever caused, while in transit.
12.2 BT reserves the right not to test any item supplied by the Vendor if in BT’s judgement the item is or could
become a safety hazard or if the item is unsuitable for testing because of damage or inherent defect or
because the item does not conform to the specification agreed by BT and the Vendor as set out in this
Agreement. In such event, BT shall not be liable to reimburse any costs incurred by Vendor.
12.3 BT excludes all warranties, conditions undertakings whatsoever in respect of any item tested by BT
including any implied condition of fitness for a particular purpose.
12.4 The testing of any item by BT does not imply BT’s approval or endorsement in any way of such item or of any
product of which it forms a part. The Vendor shall not link BTs name with the item or the product whether
orally or in writing.
12.5 If BT carries out any test or assessment of telecommunications apparatus for any person for the time being
appointed under Section 25(1) of the Telecommunications Act 1984, the terms of Condition 41 of the
Licence granted by the Secretary of State for Trade and Industry to BT under section 7 of said Act shall form
part of this Agreement. If there is any conflict between Condition 41 and any other Conditions in this
Agreement, Condition 41 shall prevail.
13. BT Testing Reports
Where BT performs tests on behalf of the Vendor:
13.1 Copyright and any other Intellectual Property rights in any test reports produced by BT pursuant to this
Agreement shall be and remain vested in the absolute property of Light Reading.
13.2 BT shall have a non-exclusive, non-transferable licence to use any reports, information, drawings, software
or other material for its own internal purposes in connection with the Services but for no other purpose.
13.3 The Vendor shall have a non-exclusive, non-transferable licence to use any reports for its own internal
purposes but for no other purpose.
13.4 Subject to 13.3 nothing in this Agreement shall be deemed to or require BT to transfer, assign or licence
any intellectual property rights to the Vendor.
13.5 BT undertakes that it will perform the services with reasonable care and skill but shall not be responsible
for the accuracy of advice based on the information supplied by the Vendor or third parties. The
responsibility for decisions taken on the basis of advice given by BT shall remain with the Vendor.
14. Provision of Vendor Information
The Vendor will, on request by BT, provide BT free of charge and as promptly as reasonably practicable all
information, drawings, articles and other support which BT may reasonably require for the effective completion of
the Services. Unless otherwise agreed, on completion or termination of this Agreement BT shall be entitled to
dispose of any items received from the Vendor in connection with this Agreement at the Vendor’s risk, subject to
the provisions of Clause 4.
15. Provision of the Vendor Equipment by the Vendor
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