Penalty for defective performance. 40.1 The Carrier shall deliver the undamaged Consignment to the Recipient in undamaged packaging, in the quantity at the time of dispatch, otherwise the performance shall be considered defective performance.
40.2 In the event of defective performance, the Customer may demand a defective performance penalty from the Carrier, subject to Clause 24.4 of these GTC. The basis of the defective performance penalty is the value of the Consignment delivered damaged or with damaged packaging, and in case of a quantity discrepancy the market price at the time of delivery of the short-delivered goods or the goods delivered in excess, the rate of the penalty is 20% of the penalty base.
40.3 The Carrier's obligation to pay a penalty for defective performance shall not be affected by whether the Consignment itself is actually damaged, the damage to the packaging itself shall justify the obligation to pay a penalty.
40.4 The Parties agree that in the event of a quantity discrepancy, in addition to the penalty, the Carrier shall also reimburse to the Customer the value of the short-delivered Consignment determined at the time of dispatch.
40.5 The penalty for defective performance shall become due upon the establishment of defective performance.
Penalty for defective performance. 2.1. If, irrespective of the reason, the Concessionaire states that it will not construct the electricity production plant and connect it to the grid in accordance with the terms and conditions in the Concession Agreement, a penalty shall immediately become payable upon demand.
a. circumstances show that the Concessionaire will not construct the electricity production plant and connect it to the grid in accordance with the terms and conditions in this Concession Agreement, or
b. construction work has not commenced before 1 June 2021. By ’commencement of construction work’ is to be understood that offshore activities have been commenced which are directly linked to the actual establishment of the wind farm, e.g. establishment of scour protection. Pre-investigations are not covered by this definition.
2.2. Until 12 months after the conclusion of this Concession Agreement, the penalty for defective performance (agreed penalty) will be DKK 100 million, after which it will increase to DKK 450 million.
2.3. The penalty for defective performance covers full an final settlement of any claim Xxxxxxxxx.xx may receive against the Concessionaire pursuant to section 31(1) of the Promotion of Renewable Energy Act (in the following referred to as the RE Act) in the event that the Concessionaire fails to construct the electricity production plant and connect it to the grid in accordance with the terms and conditions in this Concession Agreement. Thus the penalty for defective performance covers the Concessionaire's objective liability pursuant to section 31(1) and (3) of the RE Act for Xxxxxxxxx.xx's loss, including additional costs in connection with possible cancellation by Xxxxxxxxx.xx of orders for facilities for transmission of power to shore. The Concessionaire may therefore not be made subject to claims that exceed the penalty for defective performance pursuant to section 31(1) of the RE Act or otherwise according to the Concession Agreement in the event that the Concessionaire fails to construct the electricity production plant and connect it to the grid in accordance with the terms and conditions of this Concession Agreement.
2.4. The penalty for defective performance will also cover the Concessionaire’s expenditures on pre-investigations conducted by Xxxxxxxxx.xx
2.5. Moreover, the penalty for defective performance covers full and final settlement of any claim the Danish Energy Agency receives against the Concessionaire according to the Concession Agreement and ...
