Common use of Penalties Clause in Contracts

Penalties. 11.1. In case of delay in Buyer´s performance of its financial obligation under Contract, Seller may request the payment of a delay penalty to the value of the outstanding amount as provided by law. 11.2. In case of delay in Seller´s delivery of Goods, ▇▇▇▇▇ is entitled to request that Seller pay the liquidated damages of 0.05% of the VAT- exclusive price of Goods for each pending day of delay in the delivery of Goods. 11.3. On a failure of Seller to provide performance-under-guarantee in due course and in time and/or on a failure of Seller to satisfy Buyer´s claims on defects in Goods in due course and in time, Buyer is entitled to request that Seller pay the liquidated damages of 1% of the VAT- exclusive price of Goods for each pending day of delay and for each and any defect in Goods. 11.4. Upon breach of obligation as committed by Seller and/or Seller´s employees/servants and/or Seller-appointed persons (including the transport contractors) in the course of Contract performance related to the safety, health and/or environmental performance as established by the public statutes, Contract or GTC, Buyer is entitled to request that Seller pay the liquidated damages of EUR 200.00 for each and any occurrence. 11.5. Upon Seller´s breach of any obligation under Article XII of GTC Buyer is entitled to request that Seller pay the liquidated damages of EUR 10,000.00 for each and any occurrence. 11.6. Upon Seller´s breach of obligation under Article XVII (17.5) of GTC Buyer is entitled to request that Seller pay the liquidated damages of 5 % of the total price of Goods. 11.7. The liquidated damages claimed under this Article are without prejudice to ▇▇▇▇▇´s right to claim compensation of damage, in full settlement, sustained as a result of the failure to perform the obligation secured by means of liquidated damages. The liquidated damages claimed under this Article are without prejudice to ▇▇▇▇▇´s rights created in respect of the defects in Goods and other rights of Buyer under Contract. 11.8. Buyer may also make a claim to Seller upon compensation for damage sustained by ▇▇▇▇▇ as a result of the penalty imposed by any of the governmental agencies, self-governmental authorities or any other authorities as provided by applicable laws for a breach of any of Seller´s obligations under Contract and/or related to delivery of Goods.

Appears in 1 contract

Sources: General Terms and Conditions for Purchase of Goods

Penalties. 11.1. In case of delay in Buyer´s performance of its financial obligation under Contract, Seller may request the payment of a delay penalty to the value of the outstanding amount as provided by law. 11.2. In case of delay in Seller´s delivery of Goods, ▇▇▇▇▇ is entitled to request that Seller pay the liquidated damages of 0.05% of the VAT- exclusive price of Goods for each pending day of delay in the delivery of Goods. 11.3. On a failure of Seller to provide performance-under-guarantee in due course and in time and/or on a failure of Seller to satisfy Buyer´s claims on defects in Goods in due course and in time, Buyer is entitled to request that Seller pay the liquidated damages of 1% of the VAT- exclusive price of Goods for each pending day of delay and for each and any defect in Goods. 11.4. Upon breach of obligation as committed by Seller and/or Seller´s employees/servants and/or Seller-appointed persons (including the transport contractors) in the course of Contract performance related to the safety, health and/or environmental performance as established by the public statutes, Contract or GTC, Buyer is entitled to request that Seller pay the liquidated damages of EUR 200.00 for each and any occurrence. 11.5. Upon Seller´s breach of any obligation under Article XII of GTC Buyer is entitled to request that Seller pay the liquidated damages of EUR 10,000.00 for each and any occurrence. 11.6. Upon Seller´s breach of obligation under Article XVII (17.5) of GTC Buyer is entitled to request that Seller pay the liquidated damages of 5 % of the total price of Goods. 11.7. The liquidated damages claimed under this Article are without prejudice to ▇▇▇▇▇´s right to claim compensation of damage, in full settlement, sustained as a result of the failure to perform the obligation secured by means of liquidated damages. The liquidated damages claimed under this Article are without prejudice to ▇▇▇▇▇´s rights created in respect of the defects in Goods and other rights of Buyer under Contract. 11.8. Buyer may also make a claim to Seller upon compensation for damage sustained by ▇▇▇▇▇ as a result of the penalty imposed by any of the governmental agenciesKupujúci si môže u Predávajúceho uplatniť aj nárok na náhrady škody, self-governmental authorities or any other authorities as provided by applicable laws for a breach of any of Seller´s obligations under Contract and/or related to delivery of Goodsktorá Kupujúcemu vznikne v súvislosti s uložením sankcie zo strany akéhokoľvek orgánu štátnej správy, územnej samosprávy, alebo iného orgánu v zmysle príslušných právnych predpisov pre porušenie akejkoľvek povinnosti Predávajúceho vyplývajúcej zo Zmluvy a/alebo v súvislosti s dodaním Tovaru.

Appears in 1 contract

Sources: Všeobecné Obchodné Podmienky Pre Nákup Tovaru