Contractual penalties Vzorová ustanovení

Contractual penalties. In case of non-performance or improper performance of the contract, the Parties stipulate the following contractual penalties: 1. The Buyer shall pay the Seller the contractual penalty: a. for delay in acceptance of the subject in the amount of 1% of the net remuneration specified in the contract for each day of delay; b. for withdrawal from the contract for reasons attributable to the Ordering Party in the amount of 30% of the net remuneration specified in the contract. 2. The Seller shall be entitled to charge and enforce contractual penalties from the Buyer in amounts specified below, in case of ▇▇▇▇▇'▇ violation of the provisions of the Contract or the General Terms and Conditions of Sale with regard to: a. Determination of the place of delivery or the place of unloading by the Buyer in such a way as to prevent the performance of the contract - 30% of the net remuneration specified in the contract; b. ▇▇▇▇▇'▇ failure to collect the order at the time and place indicated in the order - 30% of the net remuneration specified in the contract;

Contractual penalties. 11.1 The Tenant undertakes to pay the Landlord all the below mentioned contractual penalties to the Landlord´s account mentioned in the call for payment of the appropriate amount. 11.2 If the Tenant breaches the obligation mentioned in Article 3.2.28 of these Business terms, the Tenant is obliged to pay the Landlord a contractual penalty amounting CZK 50.000 for each individual breach. In case the breach of an obligation lasts for more than fifteen (15) days after the right to payment of a contractual penalty was enforced, the Landlord is entitled to apply and the Tenant is obliged to pay a contractual penalty also repeatedly. If the Tenant breaches its obligation mentioned in Article 3.2.28 of these Business terms and terminates the Contract with a written notice before the end of the agreed Lease Term because it lost the capability to run the business activity for which it leased the Subject of Lease, if it was enabled eventually by a peremptory statutory provision, the Tenant is obliged to pay the Landlord, except for other contractual penalties according to these Business terms, a contractual penalty for the period from termination of the Contract to the end of the agreed Lease Term amounting the sum of a double (2x) monthly Basic Rent including the Price for Services and the amount of an average monthly Rent from Turnover calculated for the last three (3) entire calendar months, except for the period when the Subject of Lease was closed. 11.3 If the Tenant breaches the obligation mentioned in Article 7.1 of these Business terms (operation obligation), it shall pay the Landlord a contractual penalty, corresponding to the sum of the Basic Rent including the Price for Services and the amount of an average monthly Rent from Turnover calculated for the last three (3) entire calendar months, except for the period when the Subject of Lease was closed, for each day of default in proper meeting of obligations. If the period from the beginning of the Lease Term to the Tenant´s breach of the above mentioned obligation is shorter than three (3) entire calendar months, the triple (3x) monthly Minimum Rent from Turnover is considered as the average Rent from Turnover in order to calculate the contractual penalty.

Contractual penalties. 1. In the event of the Purchaser's delay in fulfilling the obligations agreed in Article V, paragraph 7 within the stipulated time limit, the Purchaser shall be obliged to pay the Provider a contractual penalty in the amount of CZK 500,- (five hundred Czech crowns) for each and every day of the Purchaser's delay in fulfilling this obligation. This does not affect the Provider's right to compensation for damages incurred as a result of the breach of the above obligation. 2. In the event of the Purchaser's delay in fulfilling the obligations agreed in Article V, paragraph 9 within the stipulated time limit, the Purchaser shall be obliged to pay the Provider a contractual penalty in the amount of CZK 500,- (five hundred Czech crowns) for each and every day of the Purchaser's delay in fulfilling this obligation. This does not affect the Provider's right to compensation for damages incurred as a result of the breach of this obligation.

Contractual penalties. 12.1. In the event that the Seller is in default of the date of the handover and takeover of the Delivery referred to in Art. 5 hereof, the Buyer is entitled to charge the Seller a contractual penalty of 0.2% of the Purchase price for each commenced day of the delay. započatý den prodlení s dodáním přístroje. 12.2. V případě, že Prodávající neodstraní řádně reklamovanou vadu zařízení ve sjednané době, je Kupující oprávněn účtovat Prodávajícímu smluvní pokutu ve výši 0,05 % z ceny části zařízení, u níž je Prodávající v prodlení s odstraněním, a za každý započatý den prodlení. Pokud Prodávající neposkytne Kupujícímu pozáruční servis či poruší povinnost uvedenou v článku 11, je Kupující oprávněn účtovat Prodávajícímu smluvní pokutu ve výši 500 Kč za každý započatý den prodlení s poskytnutím pozáručního servisu/se splněním takové povinnosti, maximálně však do výše kupní ceny dle této Smlouvy. 12.3. Pokud Kupující neuhradí v termínech uvedených v této Smlouvě kupní cenu, je povinen uhradit Prodávajícímu úrok z prodlení v zákonné výši, ledaže Kupující prokáže, že prodlení s úhradou kupní ceny bylo způsobeno z důvodu opožděného uvolnění prostředků poskytovatelem dotace. 12.4. V případě, že zařízení či jakákoliv jeho část, která je předmětem dodávky na základě této Smlouvy, nebude dosahovat minimálně parametrů požadovaných Kupujícím a uvedených v Nabídce Prodávajícího, je Kupující oprávněn od Smlouvy odstoupit. 12.5. Povinná Smluvní strana musí uhradit oprávněné Smluvní straně smluvní sankce nejpozději do 15 kalendářních dnů ode dne obdržení příslušného vyúčtování od druhé Smluvní strany. 12.6. Smluvní strany vylučují použití ustanovení § 2050 OZ. Nárok na náhradu škody má

Contractual penalties. If the Seller defaults on the duty to deliver the Subject of Purchase to the Buyer, the Seller shall pay the Buyer a contractual penalty in the amount of 0.1% of the purchase price excluding VAT for every day delivery is past due. In case that the Seller defaults on the repair of defects listed in the certificate of delivery and acceptance or defects claimed during the warranty period, the Seller undertakes to pay the Buyer a contractual penalty in the amount of 0.1% of the purchase price excluding VAT for every defect and every day repair is past due. A contractual penalty shall come due upon being levied by the Buyer. The Parties consider the value of the agreed contractual penalties to be adequate. The payment of a contractual penalty shall not prejudice the right to claim compensation for damage incurred by the Party levying such a contractual penalty in connection with the relevant violation hereof wherefor the contractual penalty is levied. The Parties shall have the right to withdraw from this Agreement in the event of a gross violation hereof by the Counterparty. Furthermore, the Buyer shall have the right to withdraw from this Agreement in the event of a minor violation hereof by the Seller, which the Seller fails to rectify within a period specified by the Buyer. A notice of withdrawal from this Agreement must be served in writing, be signed by the authorized representative of the withdrawing Party, and be delivered to the Counterparty. Withdrawal from this Agreement shall not prejudice the right of each of the Parties to claim compensation for damage incurred as a result of a violation hereof by the Counterparty. Likewise, neither of the Parties shall be released from the duty to settle its obligations arising as a result of withdrawal from this Agreement. The Seller declares to have entered into a valid insurance agreement the subject matter whereof is the Seller's liability for damage incurred by the Buyer or third parties as a result of death or injury or damage to the Buyer’s or third-party property relating to the delivery and installation of the Subject of Purchase as part of the Seller’s operations. The liability insurance cover shall include the duty to pay compensation for damage or loss caused by a defective product or faulty work, and the duty to pay compensation for damage or loss cause to an item accepted for the purpose of performing an ordered task. The minimum value of indemnity for each of the aforestated cases shall amount to n...

Contractual penalties. 1. In case of ▇▇▇▇▇▇’▇ delay in delivery of the goods (article III), the Seller is obliged to pay a contractual penalty to the Buyer at the rate of 0.2 % of the purchase price, i.e.: EUR 39.78 for each day of delay or part thereof. The Buyer is authorised to set-off this contractual penalty against the payment of the invoice for the purchase price of the goods according to article II hereof. 2. In case of ▇▇▇▇▇’▇ delay in payment of an invoice that is issued properly and delivered in time for supplied goods, the Seller is entitled to seek interest on late payments at the statutory rate (Government Regulation 351/2013 Coll.). 3. The contractual penalty hereof is due within 15 calendar days of delivery of the written notice of exercise of the right to contractual penalty, and must be made to the specified Buyer’s bank account. The Buyer is entitled to set-off claims arising hereof against the Seller’s claim for payment of the total purchase price. 4. Even after payment of the contractual penalty, the Seller is obligated to fulfil the contractual obligation for which the contractual penalty was paid. The Buyer is also entitled to seek compensation of loss caused by breach of obligation from the Seller to which the contractual penalty is related. For a case where the contractual penalty would be reduced by a court, the contracting parties have agreed that the right to compensation of loss in the amount in excess of the amount stipulated by the court as adequate shall prevail. The contractual penalties hereof can be cumulated without limit.

Contractual penalties. 1. If the Seller fails to supply the Deliverable in a due and timely manner, the Purchaser may demand that the Seller pay a contractual penalty of 0.1% of the price of the Deliverable for each day of default. 2. If the Seller is in default with the removal of a defect inhibiting the use of the Deliverable by a deadline agreed during the warranty period, the Seller is obliged to pay the Purchaser a contractual penalty of 0.05% of the total price of the Deliverable for each day of default, except in cases when the Seller proves that the agreed deadline could not have been met not due to the Seller’s fault but because of Force Majeure. 3. If the Seller is in breach of (a) any of the obligations under Article II, paragraphs 1 and 3 hereof; or (b) any of the obligations regarding OSHP, FP and/or the handling of Waste pursuant to Article VII hereof; (c) the obligation to have a valid and effective Insurance Policy pursuant to Article VIII hereof; (d) the information obligation under Article XII hereof, the Purchaser may demand that the Seller pay a contractual penalty of up to €1,000 (one thousand euros) for each breach of obligation. 4. The Seller is obliged to pay the contractual penalty pursuant to the preceding sentence within fourteen (14) days after the date on which the claim arises or the Purchaser’s notice demanding its payment is received. 5. The payment of a contractual penalty shall not affect the Purchaser’s right to seek damages in full. For the purposes hereof, damage shall also be deemed as sanctions imposed by the competent state authorities and public authorities.

Contractual penalties. 12.1. The Contractor is responsible for proper performance according to the contract for Works, technical specification and adherence to all the conditions set by respective authorities. In the event that contractual conditions are not adhered to, the Contractor undertakes to pay the Client penalties as specified in point 12.2., 12.3., 12.4.. 12.2. The Contractual parties have agreed that in the event that the deadline for the completion of Works is not met on the side of the Contractor, then the Client is entitled to a contractual penalty in the amount of 0.05% of the price of the Works for each commenced day of delay. 12.3. The Contractual parties have agreed that in the event of delay of the Contractor in the remedying of defects and outstanding works after the deadline agreed to in the Works handover and acceptance protocol, then the Client is entitled to a contractual penalty in the amount of 100 EUR per each day of delay for each individual defect / outstanding work. 12.4. The Contractual parties have agreed that in the event of a delay of the Contractor with the remedying of a justifiably claimed defect complaint according to point 10.8, the Client is entitled to a contractual penalty in the amount of 100 EUR per each claimed defect complaint on which there is a delay and for every day of delay. 12.5. The Contractual parties have agreed that in the event that the Client is in default with payment of a complete and properly issued tax document (invoice), then the Client shall pay the Contractor a contractual late payment rate in the amount of 0.015 % of the owed amount for each day of delay. 12.6. The Contractor is not in default of the Works completion deadline or remedy of a defect, when he is prevented from proper fulfilment by force majeure, non-provision of cooperation from the Client (e.g. non-participation on inspection days, not commenting on necessary changes to the Works/its design). The deadline for the completion of the Works / remedy of defects is extended by the time that the Contractor is unable to complete the Works due to the aforementioned reasons.

Contractual penalties. 14.1 The right to payment of contractual penalties agreed between the Contracting Parties in this Agreement arises for the Contracting Party concerned on the day of a breach of the secured contractual obligation. The breach of a secured contractual obligation is decisive for the claim to payment of a contractual penalty. The fault of a participant is not required. 14.2 The Contracting Party which has breached the secured contractual obligation is obliged to pay the corresponding contractual penalty within 30 calendar days from the date of the written request by the other Contracting Party to the other Contracting Party. 14.3 The payment of the contractual penalty by the breaching Contracting Party does not release the infringing Contracting Party from the obligation to fulfil the obligations hereunder. 14.4 The contractual penalty is deemed to have been paid when it is credited to the account of the eligible Contracting Party at the financial institution named in the heading of this Agreement. 14.5 The Contracting Party is entitled to claim damages caused by a breach of the obligation to which the contractual penalty