TERMINATION, RIGHT OF WITHDRAWAL, CONTRACTUAL PENALTIES. 8.1 This Contract may be terminated by completing the performance required hereunder, by agreement of the Parties or by withdrawal from the Contract on the grounds stipulated by law or in the Contract. 8.2 The Buyer is entitled to withdraw from this Contract, if any of the following circumstances occur: (a) the Seller has materially breached obligations imposed by the Contract, specifically by being in delay with the fulfilment of this Contract and such delay lasts more than 4 weeks; or (b) the Seller has materially breached obligations imposed by the Contract, specifically Object of Purchase fails to meet technical parameters and qualities or other requirements defined in the Annex 1 (Technical Specification); (c) the insolvency proceeding is initiated against the Seller´s assets; (d) the fuding body providing finances for the Project (“Financial subsidy”) or any other control body determines that the expenditures or part of the expenditures incurred on the basis of this Contract are ineligible; (e) the Financial subsidy for implementation of the Project is withdrawn from the Buyer; or (f) should it become apparent that the Seller provided information or documents in the Seller’s bid, which were not true and which could, therefore, influence the outcome of the Procurement Procedure leading to the conclusion of this Contract (Section 223(2)(b) of the Act No. 134/2016 Coll., on public procurement). 8.3 The Seller is entitled to withdraw from the Contract in the event of material breach of the Contract by the Buyer and in case of events outside the control of the Seller (e.g. natural disasters, etc.). 8.4 In the event the Seller is in delay with term of delivery as stipulated in Art. 2 herein, the Seller shall pay to the Buyer the contractual penalty in the amount of 0.1% of the Purchase Price for each, even commenced calendar day of delay. 8.5 In the case where the Seller fails to remove defects within the periods stipulated in the Contract, the Seller shall pay to the Buyer a contractual penalty in the amount of 100,- EUR for each defect and for each calendar day of delay. 8.6 If the Buyer fails to pay the Purchase Price vices within the deadlines set out in this Contract, the Buyer shall pay the Seller interest on delay in the amount set forth by the law for each day of delay unless the Buyer proves that the delay with the payment of the Purchase Price was caused by late release of the Financial subsidy for the Project by the funding body. 8.7 The obliged Party must pay any contractual penalty/penalties to the entitled Party not later than within fifteen (15) calendar days of the date of receipt of the relevant claim from the other party. 8.8 Payment of the contractual penalties pursuant to this Article shall in no way prejudice the Buyer’s right to claim compensation for damage incurred by the Buyer as a result of the Seller’s breach of obligations to which the penalty applies. 8.9 The Parties have agreed that the maximal amount of contractual penalties shall be limited to 10% of the Purchase Price. 8.10 The Buyer is entitled to set off by unilateral declaration any of its recievable or part of its recievable resulting from contractual penalty/contractual penalties against Seller´s claim to pay Purchase Price.
Appears in 2 contracts
Samples: Purchase Contract, Purchase Contract
TERMINATION, RIGHT OF WITHDRAWAL, CONTRACTUAL PENALTIES. 8.1 This Contract may be terminated by completing the performance required hereunder, by agreement of the Parties or by withdrawal from the Contract on the grounds stipulated by law or in the Contract.
8.2 The Buyer is entitled to withdraw from this Contract, if any of the following circumstances occur:
(a) the Seller has materially breached obligations imposed by the Contract, specifically by being in delay with the fulfilment of this Contract and such delay lasts more than 4 6 weeks; or
(b) the Seller has materially breached obligations imposed by the Contract, specifically Object of Purchase fails to meet technical parameters and qualities or other requirements defined in the Annex 1 (Technical Specification);
(c) the insolvency proceeding is initiated against the Seller´s assets;
(d) the fuding body providing finances for the Project (“Financial subsidy”) or any other control body determines that the expenditures or part of the expenditures incurred on the basis of this Contract are ineligible;
(e) the Financial subsidy for implementation of the Project is withdrawn from the Buyer; or
(f) or should it become apparent that the Seller provided information or documents in the Seller’s bid, which were not true and which could, therefore, influence the outcome of the Procurement Procedure leading to the conclusion of this Contract (Section 223(2)(b) of the Act No. 134/2016 Coll., on public procurement).
8.3 The Seller is entitled to withdraw from the Contract in the event of material breach of the Contract by the Buyer and in case of events outside the control of the Seller (e.g. natural disasters, etc.).
8.4 In the event the Seller is in delay with term of delivery as stipulated in Art. 2 herein, the Seller shall pay to the Buyer the contractual penalty in the amount of 0.1% of the Purchase Price for each, even commenced calendar day of delay.
8.5 In the case where the Seller fails to remove defects within the periods stipulated in the Contract, the Seller shall pay to the Buyer a contractual penalty in the amount of 100,- EUR 500.00 CZK for each defect and for each calendar day of delay.
8.6 If the Buyer fails to pay the Purchase Price vices or the Price for Services within the deadlines set out in this Contract, the Buyer shall pay the Seller interest on delay in the amount set forth by the law for each day of delay unless the Buyer proves that the delay with the payment of the Purchase Price was caused by late release of the Financial subsidy for the Project by the funding body.
8.7 The obliged Party party must pay any contractual penalty/penalties to the entitled Party party not later than within fifteen (15) calendar days of the date of receipt of the relevant claim from the other party.
8.8 Payment of the contractual penalties pursuant to this Article shall in no way prejudice the Buyer’s right to claim compensation for damage incurred by the Buyer as a result of the Seller’s breach of obligations to which the penalty applies.
8.9 The Parties have agreed that the maximal amount of contractual penalties shall be limited to 10% of the Purchase Price.
8.10 The Buyer is entitled to set off by unilateral declaration any of its recievable or part of its recievable resulting from contractual penalty/contractual penalties against Seller´s claim to pay Purchase Price.
Appears in 1 contract
Samples: Purchase Contract
TERMINATION, RIGHT OF WITHDRAWAL, CONTRACTUAL PENALTIES. 8.1 This Contract may be terminated by completing the performance required hereunder, by agreement of the Parties or by withdrawal from the Contract on the grounds stipulated by law or in the Contract.
8.2 The Buyer is entitled to withdraw from this Contract, if any of the following circumstances occur:
(a) the Seller has materially breached obligations imposed by the Contract, specifically by being in delay with the fulfilment of this Contract and such delay lasts more than 4 weeks; or
(b) the Seller has materially breached obligations imposed by the Contract, specifically Object of Purchase fails to meet technical parameters and qualities or other requirements defined in the Annex 1 (Technical Specification);
(c) the insolvency proceeding is initiated against the Seller´s assets;
(d) the fuding body providing finances for the Project (“Financial subsidy”) or any other control body determines that the expenditures or part of the expenditures incurred on the basis of this Contract are ineligible;
(e) the Financial subsidy for implementation of the Project is withdrawn from the Buyer; or
(f) should it become apparent that the Seller provided information or documents in the Seller’s bid, which were not true and which could, therefore, influence the outcome of the Procurement Procedure leading to the conclusion of this Contract (Section 223(2)(b) of the Act No. 134/2016 Coll., on public procurement).
8.3 The Seller is entitled to withdraw from the Contract in the event of material breach of the Contract by the Buyer and in case of events outside the control of the Seller (e.g. natural disasters, etc.).
8.4 In the event the Seller is in delay with term of delivery as stipulated in Art. 2 herein, the Seller shall pay to the Buyer the contractual penalty in the amount of 0.1% of the Purchase Price for each, even commenced calendar day of delay.
8.5 In the case where the Seller fails to remove defects within the periods stipulated in the Contract, the Seller shall pay to the Buyer a contractual penalty in the amount of 100,- EUR 2.500 CZK for each defect and for each calendar day of delay.
8.6 If the Buyer fails to pay the Purchase Price vices within the deadlines set out in this Contract, the Buyer shall pay the Seller interest on delay in the amount set forth by the law for each day of delay unless the Buyer proves that the delay with the payment of the Purchase Price was caused by late release of the Financial subsidy for the Project by the funding body.
8.7 The obliged Party must pay any contractual penalty/penalties to the entitled Party not later than within fifteen (15) calendar days of the date of receipt of the relevant claim from the other party.
8.8 Payment of the contractual penalties pursuant to this Article shall in no way prejudice the Buyer’s right to claim compensation for damage incurred by the Buyer as a result of the Seller’s breach of obligations to which the penalty applies.
8.9 The Parties have agreed that the maximal amount of contractual penalties shall be limited to 10% of the Purchase Price.
8.10 The Buyer is entitled to set off by unilateral declaration any of its recievable or part of its recievable resulting from contractual penalty/contractual penalties against Seller´s claim to pay Purchase Price.
Appears in 1 contract
Samples: Purchase Contract
TERMINATION, RIGHT OF WITHDRAWAL, CONTRACTUAL PENALTIES. 8.1 This Contract may be terminated by completing the performance required hereunder, by agreement of the Parties or by withdrawal from the Contract on the grounds stipulated by law or in the Contract.
8.2 The Buyer is entitled to withdraw from this Contract, if any of the following circumstances occur:
(a) the Seller has materially breached obligations imposed by the Contract, specifically by being in delay with the fulfilment fulfillment of this Contract and such delay lasts more than 4 weeks; or
(b) the Seller has materially breached obligations imposed by the Contract, specifically Object of Purchase fails to meet technical parameters and qualities or other requirements defined in the Annex 1 (Technical Specification);
(c) the insolvency proceeding is initiated against the Seller´s assets;
(d) the fuding funding body providing finances for the Project (“Financial subsidy”) or any other control body determines that the expenditures or part of the expenditures incurred on the basis of this Contract are ineligible;
(e) the Financial subsidy for implementation of the Project is withdrawn from the Buyer, however Buyer hereby declares that there is financial subsidy in place at the time of signing the Purchase Contract; or
(f) should it become apparent that the Seller provided information or documents in the Seller’s bid, which were not true and which could, therefore, influence the outcome of the Procurement Procedure leading to the conclusion of this Contract (Section 223(2)(b) of the Act No. 134/2016 Coll., on public procurement)Contract.
8.3 The Seller is entitled to withdraw from the Contract in the event of material breach of the Contract by the Buyer and in case of events outside the control of the Seller (e.g. natural disasters, etc.).
8.4 In the event that the Seller is more than one (1) week in delay with term of delivery as stipulated in Art. 2 herein2.1. hereof, the Seller shall pay to the Buyer the contractual penalty in the amount of 0.1% of the Purchase Price for each, even commenced calendar day of delay, since the first day of the delay.
8.5 In the case where the Seller fails to remove defects within the periods stipulated in the ContractContract and the delay is more than one (1) week, the Seller shall pay to the Buyer a contractual penalty in the amount of 100,- 50,- EUR for each defect and for each calendar day of delay, since the first day of the delay.
8.6 If the Buyer fails to pay the Purchase Price vices within the deadlines set out in this Contract, the Buyer shall pay the Seller interest on delay in the amount set forth by the law for each day of delay unless the Buyer proves that the delay with the payment of the Purchase Price was caused by late release of the Financial subsidy for the Project by the funding body.
8.7 The obliged Party party must pay any contractual penalty/penalties to the entitled Party party not later than within fifteen (15) calendar days of the date of receipt of the relevant claim from the other party.
8.8 Payment of the contractual penalties pursuant to this Article shall in no way prejudice the Buyer’s right to claim compensation for damage incurred by the Buyer as a result of the Seller’s breach of obligations to which the penalty applies. The Parties have agreed that the maximal amount of claim compensation for damage incurred by the Buyer as a result of the Seller’s breach of obligations to which the penalty applies shall be limited to 100% of the Purchase Price.
8.9 The Parties have agreed that the maximal amount of contractual penalties shall be limited to 10% of the Purchase Price.
8.10 The Buyer is entitled to set off by unilateral declaration any of its recievable receivable or part of its recievable receivable resulting from contractual penalty/contractual penalties penalty against Seller´s claim to pay Purchase Priceprice.
Appears in 1 contract
Samples: Purchase Contract
TERMINATION, RIGHT OF WITHDRAWAL, CONTRACTUAL PENALTIES. 8.1 This Contract may be terminated by completing the performance required hereunder, by agreement of the Parties or by withdrawal from the Contract on the grounds stipulated by law or in the Contract.
8.2 The Buyer is entitled to withdraw from this Contract, if any of the following circumstances occur:
(a) the Seller has materially breached obligations imposed by the Contract, specifically by being in delay with the fulfilment fulfillment of this Contract and such delay lasts more than 4 weeks; or
(b) the Seller has materially breached obligations imposed by the Contract, specifically Object of Purchase fails to meet technical parameters and qualities or other requirements defined in the Annex 1 (Technical Specification);
(c) the insolvency proceeding is initiated against the Seller´s assets;
(d) the fuding funding body providing finances for the Project (“Financial subsidy”) or any other control body determines that the expenditures or part of the expenditures incurred on the basis of this Contract are ineligible;
(e) the Financial subsidy for implementation of the Project is withdrawn from the Buyer, however Buyer hereby declares that there is financial subsidy in place at the time of signing the Purchase Contract; or
(f) should it become apparent that the Seller provided information or documents in the Seller’s bid, which were not true and which could, therefore, influence the outcome of the Procurement Procedure leading to the conclusion of this Contract (Section 223(2)(b) of the Act No. 134/2016 Coll., on public procurement)Contract.
8.3 The Seller is entitled to withdraw from the Contract in the event of material breach of the Contract by the Buyer and in case of events outside the control of the Seller (e.g. natural disasters, etc.).
8.4 In the event that the Seller is more than one (1) week in delay with term of delivery as stipulated in Art. 2 herein2.1. hereof, the Seller shall pay to the Buyer the contractual penalty in the amount of 0.1% 50 EUR of the Purchase Price for each, even commenced calendar day of delay, since the first day of the delay.
8.5 In the case where the Seller fails to remove defects within the periods stipulated in the ContractContract and the delay is more than one (1) week, the Seller shall pay to the Buyer a contractual penalty in the amount of 100,- 50,- EUR for each defect and for each calendar day of delay, since the first day of the delay.
8.6 If the Buyer fails to pay the Purchase Price vices within the deadlines set out in this Contract, the Buyer shall pay the Seller interest on delay in the amount set forth by the law for each day of delay unless the Buyer proves that the delay with the payment of the Purchase Price was caused by late release of the Financial subsidy for the Project by the funding body.
8.7 The obliged Party party must pay any contractual penalty/penalties to the entitled Party party not later than within fifteen (15) calendar days of the date of receipt of the relevant claim from the other party.
8.8 Payment of the contractual penalties pursuant to this Article shall in no way prejudice the Buyer’s right to claim compensation for damage incurred by the Buyer as a result of the Seller’s breach of obligations to which the penalty applies. The Parties have agreed that the maximal amount of claim compensation for damage incurred by the Buyer as a result of the Seller’s breach of obligations to which the penalty applies shall be limited to 100% of the Purchase Price.
8.9 The Parties have agreed that the maximal amount of contractual penalties shall be limited to 10% of the Purchase Price.
8.10 The Buyer is entitled to set off by unilateral declaration any of its recievable receivable or part of its recievable receivable resulting from contractual penalty/contractual penalties penalty against Seller´s claim to pay Purchase Priceprice.
Appears in 1 contract
Samples: Purchase Contract
TERMINATION, RIGHT OF WITHDRAWAL, CONTRACTUAL PENALTIES. 8.1 This Contract may be terminated by completing the performance required hereunder, by agreement of the Parties or by withdrawal from the Contract on the grounds stipulated by law or in the Contract.
8.2 The Buyer is entitled to withdraw from this Contract, if any of the following circumstances occur:
(a) the Seller has materially breached obligations imposed by the Contract, specifically by being in delay with the fulfilment of this Contract and such delay lasts more than 4 weeks; or
(b) the Seller has materially breached obligations imposed by the Contract, specifically Object of Purchase fails to meet technical parameters and qualities or other requirements defined in the Annex 1 (Technical Specification);
(c) the insolvency proceeding is initiated against the Seller´s assets;
(d) the fuding body providing finances for the Project (“Financial subsidy”) or any other control body determines that the expenditures or part of the expenditures incurred on the basis of this Contract are ineligible;
(e) the Financial subsidy for implementation of the Project is withdrawn from the Buyer; or
(f) should it become apparent that the Seller provided information or documents in the Seller’s bid, which were not true and which could, therefore, influence the outcome of the Procurement Procedure leading to the conclusion of this Contract (Section 223(2)(b) of the Act No. 134/2016 Coll., on public procurement).
8.3 The Seller is entitled to withdraw from the Contract in the event of material breach of the Contract by the Buyer and in case of events outside the control of the Seller (e.g. natural disasters, etc.).
8.4 In the event the Seller is in delay with term of delivery as stipulated in Art. 2 herein, the Seller shall pay to the Buyer the contractual penalty in the amount of 0.1% of the Purchase Price for each, even commenced calendar day of delay.
8.5 In the case where the Seller fails to remove defects within the periods stipulated in the Contract, the Seller shall pay to the Buyer a contractual penalty in the amount of 100,- 100 EUR for each defect and for each calendar day of delay.
8.6 If the Buyer fails to pay the Purchase Price vices within the deadlines set out in this Contract, the Buyer shall pay the Seller interest on delay in the amount set forth by the law for each day of delay unless the Buyer proves that the delay with the payment of the Purchase Price was caused by late release of the Financial subsidy for the Project by the funding body.
8.7 The obliged Party must pay any contractual penalty/penalties to the entitled Party not later than within fifteen (15) calendar days of the date of receipt of the relevant claim from the other party.
8.8 Payment of the contractual penalties pursuant to this Article shall in no way prejudice the Buyer’s right to claim compensation for damage incurred by the Buyer as a result of the Seller’s breach of obligations to which the penalty applies.
8.9 The Parties have agreed that the maximal amount of contractual penalties shall be limited to 10% of the Purchase Price.
8.10 The Buyer is entitled to set off by unilateral declaration any of its recievable or part of its recievable resulting from contractual penalty/contractual penalties against Seller´s claim to pay Purchase Price.
Appears in 1 contract
Samples: Purchase Contract
TERMINATION, RIGHT OF WITHDRAWAL, CONTRACTUAL PENALTIES. 8.1 This Contract may be terminated by completing the performance required hereunder, by agreement of the Parties or by withdrawal from the Contract on the grounds stipulated by law or in the Contract.
8.2 The Buyer is entitled to withdraw from this Contract, if any of the following circumstances occur:
(a) the Seller has materially breached obligations imposed by the Contract, specifically by being in delay with the fulfilment fulfillment of this Contract and such delay lasts more than 4 weeks; or
(b) the Seller has materially breached obligations imposed by the Contract, specifically Object of Purchase fails to meet technical parameters and qualities or other requirements defined in the Annex 1 (Technical Specification);
(c) the insolvency proceeding is initiated against the Seller´s assets;
(d) the fuding funding body providing finances for the Project (“Financial subsidy”) or any other control body determines that the expenditures or part of the expenditures incurred on the basis of this Contract are ineligible;
(e) the Financial subsidy for implementation of the Project is withdrawn from the Buyer, however Buyer hereby declares that there is financial subsidy in place at the time of signing the Purchase Contract; or
(f) should it become apparent that the Seller provided information or documents in the Seller’s bid, which were not true and which could, therefore, influence the outcome of the Procurement Procedure leading to the conclusion of this Contract (Section 223(2)(b) of the Act No. 134/2016 Coll., on public procurement)Contract.
8.3 The Seller is entitled to withdraw from the Contract in the event of material breach of the Contract by the Buyer and in case of events outside the control of the Seller (e.g. natural disasters, etc.).
8.4 In the event that the Seller is more than one (1) week in delay with term of delivery as stipulated in Art. 2 herein2.1. hereof, the Seller shall pay to the Buyer the contractual penalty in the amount of 0.1% 50 EUR of the Purchase Price for each, even commenced calendar day of delay, since the first day of the delay.
8.5 In the case where the Seller fails to remove defects within the periods stipulated in the ContractContract and the delay is more than one (1) week, the Seller shall pay to the Buyer a contractual penalty in the amount of 100,- 50 EUR for each defect and for each calendar day of delay, since the first day of the delay.
8.6 If the Buyer fails to pay the Purchase Price vices within the deadlines set out in this Contract, the Buyer shall pay the Seller interest on delay in the amount set forth by the law for each day of delay unless the Buyer proves that the delay with the payment of the Purchase Price was caused by late release of the Financial subsidy for the Project by the funding body.
8.7 The obliged Party party must pay any contractual penalty/penalties to the entitled Party party not later than within fifteen (15) calendar days of the date of receipt of the relevant claim from the other party.
8.8 Payment of the contractual penalties pursuant to this Article shall in no way prejudice the Buyer’s right to claim compensation for damage incurred by the Buyer as a result of the Seller’s breach of obligations to which the penalty applies. The Parties have agreed that the maximal amount of claim compensation for damage incurred by the Buyer as a result of the Seller’s breach of obligations to which the penalty applies shall be limited to 100 % of the Purchase Price.
8.9 The Parties have agreed that the maximal amount of contractual penalties shall be limited to 1010 % of the Purchase Price.
8.10 The Buyer is entitled to set off by unilateral declaration any of its recievable receivable or part of its recievable receivable resulting from contractual penalty/contractual penalties penalty against Seller´s claim to pay Purchase Priceprice.
Appears in 1 contract
Samples: Purchase Contract
TERMINATION, RIGHT OF WITHDRAWAL, CONTRACTUAL PENALTIES. 8.1 This Contract may be terminated by completing the performance required hereunder, by agreement of the Parties or by withdrawal from the Contract on the grounds stipulated by law or in the Contract.
8.2 The Buyer is entitled to withdraw from this Contract, if any of the following circumstances occur:
(a) the Seller has materially breached obligations imposed by the Contract, specifically by being in delay with the fulfilment of this Contract and such delay lasts more than 4 eight (8) weeks; or
(b) the Seller has materially breached obligations imposed by the Contract, specifically Object of Purchase fails to meet technical parameters and qualities or other requirements defined in the Annex 1 (Technical Specification);
(c) the insolvency proceeding is initiated against the Seller´s assets;
(d) the fuding body providing finances for the Project (“Financial subsidy”) or any other control body determines that the expenditures or part of the expenditures incurred on the basis of this Contract are ineligible;
(e) the Financial subsidy for implementation of the Project is withdrawn from the Buyer; or
(f) should it become apparent that the Seller provided information or documents in the Seller’s bid, which were not true and which could, therefore, influence the outcome of the Procurement Procedure leading to the conclusion of this Contract (Section 223(2)(b) of the Act No. 134/2016 Coll., on public procurement).
8.3 The withdrawal becomes effective by the moment of its delivery to the other Party.
8.4 The Seller is entitled to withdraw from the Contract in the event of material breach of the Contract by the Buyer and in case of events outside the control of the Seller (e.g. natural disasters, etc.).
8.4 8.5 In the event the Seller is in delay with term of delivery of Phase 2 as stipulated in Art. 2 herein2.2 herein for more than five (5) working days, the Seller shall pay to the Buyer the contractual penalty in the amount of 0.1% of the Purchase Price 200 EUR for each, even commenced calendar day of delay.
8.5 8.6 In the case where the Seller fails to remove defects within the periods stipulated in the ContractContract or successfully perform the Site Acceptance Test within the period stipulated in Art. 2.4 hereof and the default lasts more than five (5) working days, the Seller shall pay to the Buyer a contractual penalty in the amount of 100,- 100 EUR for each defect and for each calendar day of delay.
8.6 8.7 If the Buyer fails to pay the Purchase Price vices within the deadlines set out in this Contract, the Buyer shall pay the Seller interest on delay in the amount set forth by the law for each day of delay unless the Buyer proves that the delay with the payment of the Purchase Price was caused by late release of the Financial subsidy for the Project by the funding body.
8.7 8.8 The obliged Party must pay any contractual penalty/penalties to the entitled Party not later than within fifteen (15) calendar days of the date of receipt of the relevant claim from the other partyParty.
8.8 8.9 Payment of the contractual penalties pursuant to this Article shall in no way prejudice the Buyer’s right to claim compensation for damage incurred by the Buyer as a result of the Seller’s breach of obligations to which the penalty applies.
8.9 8.10 The Parties have agreed that the maximal amount of contractual penalties shall be limited to 10% of the Purchase Price.
8.10 8.11 The Buyer is entitled to set off by unilateral declaration any of its recievable or part of its recievable resulting from contractual penalty/contractual penalties against Seller´s claim to pay Purchase Price.
Appears in 1 contract
Samples: Purchase Contract
TERMINATION, RIGHT OF WITHDRAWAL, CONTRACTUAL PENALTIES. 8.1 This Contract may be terminated by completing the performance required hereunder, by agreement of the Parties or by withdrawal from the Contract on the grounds stipulated by law or in the Contract.
8.2 The Buyer is entitled to withdraw from this Contract, if any of the following circumstances occur:
(a) the Seller has materially breached obligations imposed by the Contract, specifically by being in delay with the fulfilment of this Contract and such delay lasts more than 4 6 weeks; or
(b) the Seller has materially breached obligations imposed by the Contract, specifically Object of Purchase fails to meet technical parameters and qualities or other requirements defined in the Annex 1 (Technical Specification);
(c) the insolvency proceeding is initiated against the Seller´s assets;
(d) the fuding body providing finances for the Project (“Financial subsidy”) or any other control body determines that the expenditures or part of the expenditures incurred on the basis of this Contract are ineligible;
(e) the Financial subsidy for implementation of the Project is withdrawn from the Buyer; or
(f) should it become apparent that the Seller provided information or documents in the Seller’s bid, which were not true and which could, therefore, influence the outcome of the Procurement Procedure leading to the conclusion of this Contract (Section 223(2)(b) of the Act No. 134/2016 Coll., on public procurement).
8.3 The Seller is entitled to withdraw from the Contract in the event of material breach of the Contract by the Buyer and in case of events outside the control of the Seller (e.g. natural disasters, etc.).
8.4 In the event the Seller is in delay with term of delivery as stipulated in Art. 2 herein, the Seller shall pay to the Buyer the contractual penalty in the amount of 0.1% of the Purchase Price for each, even commenced calendar day of delay.
8.5 In the case where the Seller fails to remove defects within the periods stipulated in the Contract, the Seller shall pay to the Buyer a contractual penalty in the amount of 100,- EUR 20.000,- CZK for each defect and for each calendar day of delay.
8.6 If the Buyer fails to pay the Purchase Price vices or the Price for Services within the deadlines set out in this Contract, the Buyer shall pay the Seller interest on delay in the amount set forth by the law for each day of delay unless the Buyer proves that the delay with the payment of the Purchase Price was caused by late release of the Financial subsidy for the Project by the funding body.
8.7 The obliged Party party must pay any contractual penalty/penalties to the entitled Party party not later than within fifteen (15) calendar days of the date of receipt of the relevant claim from the other party.
8.8 Payment of the contractual penalties pursuant to this Article shall in no way prejudice the Buyer’s right to claim compensation for damage incurred by the Buyer as a result of the Seller’s breach of obligations to which the penalty applies.
8.9 The Parties have agreed that the maximal amount of contractual penalties shall be limited to 10% of the Purchase Price.
8.10 The Buyer is entitled to set off by unilateral declaration any of its recievable or part of its recievable resulting from contractual penalty/contractual penalties against Seller´s claim to pay Purchase Price.
Appears in 1 contract
Samples: Purchase Contract