Common use of Delays, Penalties Clause in Contracts

Delays, Penalties. 1. In case the Seller is in delay with delivery of any Component to the Buyer, the Buyer shall be entitled starting with the first day of the eleventh week of the delay to claim a contractual penalty against the Seller in the amount of 0.3% of the price of the undelivered Component for each commenced day of delay; such contractual penalty shall not exceed 20% of the price of the undelivered Component. 2. In case the Seller is in delay with rectifying defects, claimed by the Buyer during the warranty term, within the deadlines defined herein, the Seller shall starting with the first day of the fifth week of the delay pay a contractual penalty in the amount of 0.1% of the price of the defective Component for each commenced day of delay; such contractual penalty shall not exceed 10% of the price of the defective Component. 3. In case the Buyer is in delay with any payment due, the Buyer shall be obliged to pay late interest to the Seller in the amount specified by applicable legislation (Government Resolution No. 351/2013 Coll., as amended, or law replacing this resolution). 4. Contractual penalties shall be payable within 15 days of delivery of their enumeration by the other Party. Payment of contractual penalty does not prejudice the right to damages in the extent such damages exceed the amount of the contractual penalty. 5. The Buyer shall be entitled to unilaterally set off any contractual penalty against any payments invoiced by the Seller, even against those which have not become due yet.

Delays, Penalties. 1. In case cases when the Seller is in delay with delivery of any Component the Object of Purchase to the BuyerBuyer within the deadlines specified herein, the Buyer shall be entitled starting with the first day of the eleventh week of the delay to claim a contractual penalty against the Seller in the amount of 0.30.1% of the price of the undelivered Component Object of Purchase for each commenced day of delay; such contractual penalty shall not exceed 2030% of the price of the undelivered ComponentObject of Purchase. 2. In case cases when the Seller is in delay with rectifying defects, claimed by the Buyer during the warranty term, within the deadlines defined herein, the Seller shall starting with the first day of the fifth week of the delay undertakes to pay a contractual penalty in the amount of 0.1% of the price of the such defective Component Object of Purchase for each commenced day of delay; such contractual penalty shall not exceed 1030% of the price of the defective ComponentObject of Purchase. 3. In case cases when the Buyer is in delay with any payment dueof invoices, the Buyer shall be obliged to pay late interest to the Seller in the amount specified by applicable legislation (Government Resolution No. 351/2013 Coll., as amended, or law replacing this resolution). 4. Contractual penalties shall be payable within 15 days of delivery of their enumeration by the claim to the other Party. Payment of contractual penalty does not prejudice the right to damages in the extent such damages exceed the amount of the contractual penalty. 5. The Buyer shall be entitled to unilaterally set off any contractual penalty against any payments invoiced by the Seller, even against those which have not become due payable yet.

Delays, Penalties. 1. In case the Seller is in delay with delivery of any Component to the Buyer, the Buyer shall be entitled starting with the first day of the eleventh week of the delay to claim a contractual penalty against the Seller in the amount of 0.3% of the price of the undelivered Component for each commenced day of delay; such contractual penalty shall not exceed 20% of the price of the undelivered Component. 2. In case the Seller is in delay with rectifying defects, removing defects claimed by the Buyer during the warranty term, within the deadlines defined herein, the Seller shall starting with the first day of the fifth week of the delay pay a contractual penalty in the amount of 0.1% of the price of the defective Component for each commenced day of delay; such contractual penalty shall not exceed 10% of the price of the defective Component. 3. In case the Buyer is in delay with any payment due, the Buyer shall be obliged to pay late interest to the Seller in the amount specified by applicable legislation (Government Resolution No. 351/2013 Coll., as amended, or law replacing this resolution). 4. Contractual penalties shall be payable within 15 days of delivery of their enumeration by the other Party. Payment of contractual penalty does not prejudice the right to damages in the extent such damages exceed the amount of the contractual penalty. 5. The Buyer shall be entitled to unilaterally set off any contractual penalty against any payments invoiced by the Seller, even against those which have not become due yet.