Common use of Failure of performance (Art Clause in Contracts

Failure of performance (Art. 44) The contractor is considered to be in failure of performance under the public contract: 1° when performance is not carried out in accordance with the conditions specified in the procurement documents; 2° at any time, when performance has not progressed in such a way that it can be fully completed on the due dates; 3° when he does not observe written orders, which have been given in due form by the contracting authority. Any failure to comply with the provisions of the public contract, including the non-observance of orders of the contracting authority, is recorded in a report (‘process verbal’), a copy of which will be sent immediately to the contractor by registered mail or equivalent. The contractor must repair the defects without any delay. He may assert his right of defence by registered letter or equivalent addressed to the contracting authority within fifteen days from the date of dispatch of the report (process verbal). Silence on his part after this period shall be deemed acknowledgement of the reported facts. Any defects detected that can be attributed to the contractor render him liable to one or more of the measures provided for in Articles 45 to 49, 86 and 87.

Appears in 13 contracts

Samples: www.enabel.be, www.enabel.be, www.enabel.be

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Failure of performance (Art. 44) The contractor is considered to be in failure of performance under the public contract: 1° when performance the delivery is not carried out in accordance with the conditions specified in the procurement documents; 2° at any time, when performance the delivery has not progressed in such a way that it can be fully completed on the due dates; 3° when he does not observe written orders, which have been given in due form by the contracting authority. Any failure to comply with the provisions of the public contract, including the non-non- observance of orders of the contracting authority, is recorded in a report (‘process verbal’), a copy of which will be sent immediately to the contractor by registered mail or equivalentmail. The contractor must repair the defects without any delay. He may assert his right of defence by registered letter or equivalent addressed to the contracting authority within fifteen days from the date of dispatch of the report (process verbal). Silence on his part after this period shall be deemed acknowledgement of the reported facts. Any defects detected that can be attributed to the contractor render him liable to one or more of the measures provided for in Articles 45 to 49, 86 and 87-87.

Appears in 2 contracts

Samples: Public Works Contract, Public Works Contract

Failure of performance (Art. 44) The contractor supplier is considered to be in failure of performance under the public procurement contract: 1° when performance the delivery is not carried out in accordance with the conditions specified in the procurement documents; 2° at any time, when performance the delivery has not progressed in such a way that it can be fully completed on the due dates; 3° when he does not observe written orders, which have been are given in due form by the contracting authority. Any failure to comply with the provisions of the public procurement contract, including the non-observance of orders of the contracting authority, is recorded in a report (‘process verbal’), a copy of which will be sent immediately to the contractor by registered mail or equivalentmail. The contractor supplier must repair the defects without any delay. He may assert his right of defence by registered letter or equivalent addressed to the contracting authority within fifteen days from the date of dispatch of the report (process verbal). Silence on his part after this period shall be deemed as acknowledgement of the reported facts. Any defects detected that can be attributed to the contractor render him liable to one or more of the measures provided for in Articles 45 to 49, 86 154 and 87155.

Appears in 1 contract

Samples: www.enabel.be

Failure of performance (Art. 44) The contractor is considered to be in failure of performance under the public contract: 1° when performance the delivery is not carried out in accordance with the conditions specified in the procurement documents; , 2° at any time, when performance the delivery has not progressed in such a way that it can be fully completed on the due dates; , 3° when he does not observe written orders, which have been given in due form by the contracting authority. Any failure to comply with the provisions of the public contract, including the non-observance of orders of the contracting authority, is recorded in a report (‘process verbal’), a copy of which will be sent immediately to the contractor by registered mail or equivalentmail. The contractor must repair the defects without any delay. He may assert his right of defence by registered letter or equivalent addressed to the contracting authority within fifteen days from the date of dispatch of the report (process verbal). Silence on his part after this period shall be deemed acknowledgement of the reported facts. Any defects detected that can be attributed to the contractor render him liable to one or more of the measures provided for in Articles 45 to 49, 86 and 87-87.

Appears in 1 contract

Samples: www.enabel.be

Failure of performance (Art. 44) The contractor is considered to be in failure of performance under of the public contract: 1° when performance is • When services are not carried out performed in accordance with the conditions specified in defined by the procurement contract documents; 2° at • At any time, when the performance has is not progressed conducted in such a way that it can be fully completed on at the due datesdates set; 3° when he • When the contractor does not observe follow written orders, which have been are given in due form by the contracting authority. Any failure to comply with the provisions of the public contract, including the non-observance of orders of the contracting authority, is shall be recorded in a report (process verbalfailure report), a copy of which will shall be sent immediately to the contractor successful tenderer by registered mail letter or equivalent. The contractor must shall repair the defects deficiencies without any delay. He may can assert his right of defence by registered letter or equivalent addressed to the contracting authority within fifteen calendar days from the date of dispatch of the report (process verbal)‘failure report’. Silence His silence is considered, after this period, as an acknowledgement of the facts recorded. Any deficiencies found on his part after this period shall be deemed acknowledgement of the reported facts. Any defects detected that can be attributed to render the contractor render him liable to for one or more of the measures provided for in Articles Art. 45 to 49, 86 49 and 87154 and 155.

Appears in 1 contract

Samples: www.enabel.be

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Failure of performance (Art. 44) The contractor is considered to be in failure of performance under the public contract: 1° when performance is not carried out in accordance with the conditions specified in the procurement documents; . 2° at any time, when performance has not progressed in such a way that it can be fully completed on the due dates; . 3° when he does not observe written orders, which have been given in due form by the contracting authority. Any failure to comply with the provisions of the public contract, including the non-observance of orders of the contracting authority, is recorded in a report (‘process verbal’), a copy of which will be sent immediately to the contractor by registered mail or equivalent. The contractor must repair the defects without any delay. He may assert his right of defence by registered letter or equivalent addressed to the contracting authority within fifteen days from the date of dispatch of the report (process verbal). Silence on his part after this period shall be deemed acknowledgement of the reported facts. Any defects detected that can be attributed to the contractor render him liable to one or more of the measures provided for in Articles 45 to 49, 86 and 87.

Appears in 1 contract

Samples: www.enabel.be

Failure of performance (Art. 44) The contractor supplier is considered to be in failure of performance under the public procurement contract: 1° when performance the delivery is not carried out in accordance with the conditions specified in the procurement documents; 2° at any time, when performance the delivery has not progressed in such a way that it can be fully completed on the due dates; 3° when he does not observe written orders, which have been are given in due form by the contracting authority. Any failure to comply with the provisions of the public procurement contract, including the non-non- observance of orders of the contracting authority, is recorded in a report (‘process verbal’), a copy of which will be sent immediately to the contractor by registered mail or equivalentmail. The contractor supplier must repair the defects without any delay. He may assert his right of defence by registered letter or equivalent addressed to the contracting authority within fifteen days from the date of dispatch of the report (process verbal). Silence on his part after this period shall be deemed as acknowledgement of the reported facts. Any defects detected that can be attributed to the contractor render him liable to one or more of the measures provided for in Articles 45 to 49, 86 154 and 87155.

Appears in 1 contract

Samples: www.enabel.be

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