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The legal term acceptance generally designates that certain achievements are confirmed as fulfill suited.
After German right the acceptance is with the work contract a condition for the maturity of the remuneration and determines the time of the passage of the risk. It is connected the physical acceptance of the work, with the approval of the work as essentially stipulated. The acceptance for physical works is regulated in BGB. For immaterial works (bspw. Theatre performance, concert) must occur a completion after BGB instead of an acceptance.
The acceptance is the receipt by the client (building) of the work essentially finished by the contractor and its approval as achievement essentially according to the contract.
A building contract is a work contract, that between client (owner) and contractor (e.g. Craftsman is locked). For many building contracts therefore the acceptance depends on "§ 640 of the general work treaty right of the civil law book ("§"§ 631 - 651 BGB).
Differently if in the building contract the validity of the part of B of the assignment and contract order for building works and supplies (VOB/B) is agreed upon, i.e. the "general conditions as per contract for the execution by building works and supplies". Then the regulations of the acceptance apply after VOB/B.
The term of the acceptance essentially develops after "§ 12 VOB/B on the definition of the work treaty right. To the form for the acceptance and the legal consequences however characteristics apply (see VOB/B#"§ 12 acceptance).
The contractor can demand the reduction of its work achievement, if the achievement is posed. Here it is sufficient, if the work achievement is essentially according to the contract, i.e. can be supplied to its intended use.
In the context of a VOB/B building contract the client is obligated to the acceptance within twelve working-days after appropriate request by the contractor ("§ 12 No. 1 VOB/B). If no formal acceptance is agreed upon in the contract and also if no acceptance is required by one of the Contracting Parties, the achievement upon the expiration of twelve working-days applies after written report over the completion of the achievement as removed ("§ 12 No. 5 exp. 1 VOB/B). If no acceptance is required and if the client used the work achievement or a part of the work achievement, the acceptance already applies at expiration from six working-days to beginning of the use as effected. The use of parts of a structural facility for the continuation of the work is not considered as acceptance ("§ 12 Nr.5 exp. 2 VOB/B).
The acceptance stands it directly, if the client within one of the contractor did not determine, for appropriate period decreases, although it is obligated to it. This means that one period can be set for the client to the acceptance and with fruitless operational sequence of this period the acceptance as effected applies, as far as the refusal of acceptance is not justified ("§ 640 exp. 1 sentence 3 BGB).
After "§ 12 Nr.4 exp. 1 VOB/B is to be accomplished a formal acceptance, if a Contracting Party requires it. In addition each Contracting Party can tighten an expert at its expense. With the formal acceptance a test report is to be provided, to which any reservations because of well-known lack and because of contractual penalties and any objections of the contractor are to be taken up maintained lack and contractual penalties demanded approximately by the client. This applies probably to a formal acceptance after "§ 640 BGB.
The acceptance can be refused only because of substantial lack ("§ 640 exp. 1 sentence 2 BGB; "§ 12 No. 3 VOB/B). Whether a substantial lack is present, determines itself remove thereafter, whether it is reasonable the client, the work achievement and the thereby occurring legal consequences adds. A substantial lack can be present if either the use or operability of the work is substantially impaired or the lack has a substantial financial weight, i.e. substantial financial expenditures to its removal requires.
If the client refuses the acceptance, although no substantial lack are present, the contractor has to set first a further mark for it period to the acceptance. Only with fruitless operational sequence of this term the effects of the acceptance occur.
The acceptance is for the client and the contractor of crucial importance. By the acceptance the following legal consequences occur: the remuneration becomes due. the danger of the coincidental fall or the degradation of the work goes on the client over (transition of the danger). the burden of proof for the presence of a lack lies after the acceptance with the client (burden of proof reversal), it is, these in the test report was reserved. the period of limitation for the requirements for lack begins to run (beginning of the guarantee period). an agreed upon contractual penalty cannot be demanded by the client no more, if it did not reserve itself these in the test report ("§ 341 exp. 3 BGB, "§ 11 No. 4 VOB/B). the work contract cannot be quit no more.
If the client the building contract after "§ 649 BGB or "§ 8 Nr.1. Exp. 1 VOB/B before completion of the work quits, is to the contractor urgently recommended to let the achievements furnished so far decrease. On that it has requirement.
After exp. 2 of the German BGB the buyer is obligated to remove the bought thing. Acceptance means here the actual assumption of the purchase thing.
In the project management acceptance designates the last step in the system choice. It takes place after successfully locked Probebetrieb in the enterprise. It is done on the part of the client with the project team, on the part of the offerer via a project manager. The acceptance period is specified in the treaty system. The acceptance covers all hard and software components. It is based on product requirement specifications or the fine concept.
After the successful acceptance i.d.R. the production phase starts and/or the system operation. Possible advancements run then as independent projects.
see also phase conception
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