Penalty for short delivery. MCWD shall without notice, impose a penalty of one hundred percent (100%) of the Contract Price per cubic meter for SHORT DELIVERY (SD), or delivery below the minimum hourly flow rate, except if attributable to force majeure as defined in Article XIV - “No Liability in Cases of Fortuitous Events or Force Majeure” and computed as follows: Penalty (SD) = (Contract Price per cu. m.) x (Undelivered Volume)
Penalty for short delivery lifting
5.6.1 Subject to the provisions of Clause 5.5.3, if for a Year, the Level of Delivery by the Seller or the Level of Lifting by the Purchaser falls below 75% (seventy five per cent.) with respect to that Year, then the defaulting Party shall be liable to pay penalty to the other Party for such shortfall in Level of Delivery or Level of Lifting, as the case may be (“Failed Quantity”) in terms of the following: Level of Delivery/ Level of Lifting in a Year Percentage of Penalty for the Failed Quantity (at the price payable under Clause 11 for Contracted Grade of Coal supplied) Below 75% but up to 70% of ACQ 0 -5 Below 70% but up to 65% of ACQ 5-10 Below 65% but up to 60% of ACQ 10-20 Below 60% but up to 50% of ACQ 20-40 Below 50% 40 The penalty shall be computed in the same manner as done slab-wise for computation of income-tax. However, unlike income tax, the percentage of penalty shall grow on a linear basis within each slab.
Penalty for short delivery lifting
6.6.1 Subject to the provisions of Clause 6.5.3, if for a Year, the Level of Delivery by the Seller or the Level of Lifting by the Purchaser falls below seventy five percent (75%) with respect to that Year, then the defaulting Party shall be liable to pay penalty to the other Party for such shortfall in Level of Delivery or Level of Lifting, as the case may be (“Failed Quantity”) in terms of the following: Below 75% but up to 70% of ACQ 0 -5 Below 70% but up to 65% of ACQ 5-10 Below 65% but up to 60% of ACQ 10-20 Below 60% but up to 50% of ACQ 20-40 Below 50% 40 The penalty shall be computed in the same manner as done slab-wise for computation of income-tax. However, unlike income tax, the percentage of penalty shall grow on a linear basis within each slab.
6.6.1.1 If the Level of Delivery/ Level of Lifting is below seventy five percent (75%) but up to seventy percent (70%) of the ACQ, the penalty would be one percent (1%) for each percentage shortfall in Level of Delivery/ Level of Lifting below seventy five percent (75%);
6.6.1.2 If the Level of Delivery/ Level of Lifting is below seventy percent (70%) but up to sixty five percent (65%) of the ACQ, the penalty would be five percent (5%) plus one percent (1% ) for each percentage shortfall in Level of Delivery/ Level of Lifting below seventy percent (70%);
6.6.1.3 If the Level of Delivery/ Level of Lifting is below 65% (sixty five per cent.) but up to sixty percent (60%), the penalty would be ten percent (10%) plus two percent (2%) for each percentage shortfall in Level of Delivery/ Level of Lifting below sixty five percent (65%);
6.6.1.4 If the Level of Delivery/ Level of Lifting is below sixty percent (60%) but up to fifty percent (50%),the penalty would be twenty percent (20%) plus two percent (2%) for each percentage shortfall in Level of Delivery/ Level of Lifting below sixty percent (60%); and
6.6.1.5 If the Level of Delivery/Level of Lifting is below fifty percent (50%), the penalty would be forty percent (40%).
6.6.2 Penalty for the Failed Quantity shall be payable by the Defaulting Party to the other Party within a period of ninety (90) days from the date of receipt of a Claim in this regard from the Non-Defaulting Party. In the event of non-payment within the due date, the Defaulting Party shall be liable to pay interest as mentioned in Clause 14.2. In the event that the penalty along with interest payable thereon is not paid within a period of one hundred and eighty (180) days of receip...
Penalty for short delivery. MCWD shall without notice, impose a penalty of one hundred percent (100%) of the current price per cubic meter for short delivery of target volume as well as non-attainment of SC target per month. However, target volume will be dependent on the actual increase in volume of water coming from new water sources that will translate to new service connections from domestic and commercial establishments subject for evaluation every end of the year. PENALTY PER MONTH: PENALTY FOR NON − ATTAINMENT OF SERVICE CONNECTIONS TARGET = (Target SC per month – Desludged SC during month M) × 2.8 cu. m. × Contract Price per cu. m.
