Price Discount. In case SE seeks a Price discount as a result of defective Performance, the Parties agree that the Price discount will be defined on the basis of their written agreement. If the Parties do not agree on an adequate Price discount within 30 days from the day of sending of a claim notice, the Price discount shall be calculated as a sum of: a) the difference between the value that the Performance should have without any defects and the value of the defective Performance at the time when the Performance should be provided, and b) costs to be spent by SE on activities necessary for the Performance to become free of any defects pursuant to the Contract. The value of the Performance without defects and the value of the Performance with defects as well as the sum of costs spent by SE for elimination of the defects shall be specified by an expert opinion submitted by SE. In case of the Price discount application by SE before issuance of an invoice for the Performance to which the Price discount relates, the Contractor shall decrease the invoiced Price by the amount of the discount. In the case of the Price discount application by SE after issuance of an invoice for the Performance, the Contractor shall issue an invoice for the correction of the VAT basis in compliance with valid legislation, unless the provision below applies. The Contractor is obliged to issue and deliver the corrective invoice not later than within 15 days from the day when the Parties agreed on the Price discount. The provisions of clause 7.2 shall apply to the delivery of the corrective invoice. If the Contractor is a VAT payer in the SR and SE applies a Price Discount pursuant to this clause, the Contractor and SE agree, that in compliance with the provision of Section 25 (6) of the Act on VAT, the tax
Appears in 1 contract
Sources: Annex Ix Slovakia
Price Discount. In case SE seeks a Price discount as a result of defective Performance, the Parties agree that the Price discount will be defined on the basis of their written agreement. If the Parties do not agree on an adequate Price discount within 30 days from the day of sending of a claim notice, the Price discount shall be calculated as a sum of:
a) the difference between the value that the Performance should have without any defects and the value of the defective Performance at the time when the Performance should be provided, and
b) costs to be spent by SE on activities necessary for the Performance to become free of any defects pursuant to the Contract. The value of the Performance without defects and the value of the Performance with defects as well as the sum of costs spent by SE for elimination of the defects shall be specified by an expert opinion submitted by SE. In case of the Price discount application by SE before issuance of an invoice for the Performance to which the Price discount relates, the Contractor shall decrease the invoiced Price by the amount of the discount. In the case of the Price discount application by SE after issuance of an invoice for the Performance, the Contractor shall issue an invoice for the correction of the VAT basis in compliance with valid legislation, unless the provision below applies. The Contractor is obliged to issue and deliver the corrective invoice not later than within 15 days from the day when the Parties agreed on the Price discount. The provisions of clause 7.2 shall apply to the delivery of the corrective invoice. If the Contractor is a VAT payer in the SR and SE applies a Price Discount pursuant to this clause, the Contractor and SE agree, that in compliance with the provision of Section 25 (6) of the Act on VAT, the tax
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Sources: Contract for the Purchase of Supplies, Services or Works