Common use of Obligations of the Producer Clause in Contracts

Obligations of the Producer. 1.1. The Producer is obliged to the following: 1.1.1. submit the internet-based data management portal of PRO by the 20th (twentieth) date of every month a declaration on the quantities of electrical and electronic equipment (hereinafter as the EEE) and/or of batteries and accumulators for the previous calendar month (hereinafter jointly as the products of concern) according to the list of categories of EEE and batteries/ accumulators (Annex No 1) and to the declaration form (Annex No 2); 1.1.2. submit a declaration mentioned in article 1. 1.1 on longer periods, on written demand by PRO; 1.1.3. Allow an auditor assigned by PRO inspect the authenticity of data submitted to PRO, on written demand by PRO; 1.1.4. Pay PRO the fee for organizing the handling of waste resulting from the EEE (hereinafter WEEE) placed on the market before 13 August 2005 and collected in the PRO collection network according to the procedure established by PRO; 1.1.5. Pay PRO the fee for organizing the handling of the Producer’s WEEE placed on the market after 13 August 2005 and collected in the PRO collection network for equipment of respective category according to the procedure established by PRO; 1.1.6. Pay PRO the fee for organizing the handling of waste resulting from batteries and accumulators collected in the PRO collection network according to the procedure established by PRO; 1.1.7. Pay PRO on its demand fine for delay 0.1 % (zero point one per cent) from the due amount for every calendar day of delayed payment; 1.1.8. Examine the invoices submitted to the Producer by PRO and present its objections to the invoices in a format which can be reproduced in writing at the latest within three months after the receipt of an invoice. PRO may reject the objections which have been presented in breach of the specified term or formal requirement; 1.1.9. Pay PRO on its demand contractual penalty up to 650 euros in case of not submitting in due time the required data mentioned in article 1.1.1. and contractual penalty up to 3200 euros for intentional submission of false data in the declarations; 1.1.10. Assure PRO the compliance of products of concern declared in the framework of Article 1.1.1 with the requirements provided in legislation for ingredients according to the Confirmation letter which is Annex no 4 to this contract and submit PRO other information and confirmations related to the products of concern the obligation for the submission of which arises from current legislation. 1.2. The Producer shall be excused from the obligation to submit the declarations to the PRO, if the Producer has entered into an agreement with an entrepreneur who is a primary marketer in the European Union of the EEE that are put on market in Estonia by the Producer (hereinafter Manufacturer) and according to this agreement: a) the Manufacturer submits itself the declarations containing respective data; or b) the Manufacturer has registered itself or some other producer responsibility organization in the National Register for Products of Concern (PROTO) and submits respective data to the PROTO. 1.3. The Producer shall be excused from the obligation to pay the fees provided for in Articles

Appears in 4 contracts

Samples: Contract for Electrical and Electronic Equipment and Batteries and Accumulators Waste Management, Contract for Electrical and Electronic Equipment and Batteries and Accumulators Waste Management, Waste Management Agreement

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Obligations of the Producer. 1.1. The Producer is obliged to the following: 1.1.1. submit the internet-based data management portal of PRO by the 20th (twentieth) date of every month a declaration on the quantities of electrical and electronic equipment (hereinafter as the EEE) and/or of batteries and accumulators for the previous calendar month (hereinafter jointly as the products of concern) according to the list of categories of EEE and batteries/ accumulators (Annex No 1) and to the declaration form (which is Annex No 2)No. 2 to this contract; 1.1.2. submit a declaration mentioned in article 1. 1.1 on longer periods, on written demand by PRO; 1.1.3. Allow an auditor assigned by PRO inspect the authenticity of data submitted to PRO, on written demand by PRO; 1.1.4. Pay PRO the fee for organizing the handling of waste resulting from the EEE (hereinafter WEEE) placed on the market before 13 August 2005 and collected in the PRO collection network according to the procedure established by PRO; 1.1.5. Pay PRO the fee for organizing the handling of the Producer’s WEEE placed on the market marketed after 13 August 2005 and collected in the PRO collection network for equipment of respective category according to the procedure established by PRO; 1.1.6. Pay PRO the fee for organizing the handling of waste resulting from batteries and accumulators collected in the PRO collection network according to the procedure established by PRO; 1.1.7. Pay PRO on its demand fine for delay 0.1 % (zero point one per cent) from the due amount for every calendar day of delayed payment; 1.1.8. Examine the invoices submitted to the Producer by PRO and present its objections to the invoices in a format which can be reproduced in writing at the latest within three months after the receipt of an invoice. PRO may reject the objections which have been presented in breach of the specified term or formal requirement; 1.1.9. Pay PRO on its demand contractual penalty up to 650 euros in case of not submitting in due time the required data mentioned in article 1.1.1. and contractual penalty up to 3200 euros for intentional submission of false data in the declarations; 1.1.10. Assure PRO the compliance of products of concern declared in the framework of Article 1.1.1 with the requirements provided for in legislation for ingredients according to the Confirmation letter which is Annex no 4 to this contract and submit PRO other information and confirmations related to the products of concern the obligation for the submission of which arises from current legislation.PRO 1.2. The Producer shall be excused from the obligation to submit the declarations to the PRO, if the Producer has entered into an agreement with an entrepreneur who is a primary marketer in the European Union of the EEE that are put on market in Estonia by the Producer (hereinafter Manufacturer) and according to this agreement: a) the Manufacturer submits itself the declarations containing respective data; or b) the Manufacturer has registered itself or some other producer responsibility organization in the National Register for Products of Concern (PROTO) and submits respective data to the PROTO. 1.3. The Producer shall be excused from the obligation to pay the handling fees provided for in ArticlesArticles 1.1.4 up to 1.1.6, if the Manufacturer pays these fees, also in the case when the handling of waste of the products of concern for which the Manufacturer is responsible is organized by a Manufacturer who is registered in the PROTO or some other producer responsibility organization. 1.4. The fees for organizing the handling provided for in Articles 1.1.4 up to 1.1.6 shall contain in addition to direct costs for organizing the handling also other costs which are related to the performance of PRO’s obligations provided for in Article 2, including the PRO’s administration costs to the extent which are not covered out of membership fees.

Appears in 2 contracts

Samples: Waste Management Agreement, Waste Management Agreement

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