Delays. If the Contractor realizes that it will be unable to comply with the agreed deadlines and due dates, it shall notify the Principal in writing immediately, stating the reasons for and the anticipated duration of the delay. Where the Order requires the Principal to fulfill certain obligations by a certain date in order for the delivery date to be achieved by the Contractor, the Contractor must demonstrably and at an early stage press for the Principal to do so. If the Contractor fails to do so, it may not, in the event of delays in the provision of its Supplies and Services, rely on any delay on the part of the Principal. If, in spite of its efforts to expedite the situation, it should prove impossible for the Contractor to comply with a deadline as a result of late performance by the Principal, then the agreed due dates and deadlines shall be extended by no more than the duration of the delay for which the Principal is responsible, and without additional costs for the latter. The date of the original deadline extended by a period equal to the duration of the delay shall be considered to be the new due date, which shall be subject to a contractual penalty. In all cases of threatened or actual delays, the Contractor is obliged, irrespective of their cause, to schedule its execution of the Order in as flexible a manner as possible in order to minimize the delays.
Delays. If the Contractor fails to comply with the due dates, interim and final deadlines agreed in the Order, the Contractor shall be liable for the following contractual penalties, each calculated on the basis of the total Order value and the period that elapses until the actual delivery date. The contractual penalties may, if necessary, be offset against outstanding amounts invoiced by the Contractor or other amounts payable to it. ‐ Supplies and Services 0.5% (zero point five percent) per commenced week of delay, up to a maximum of 5% (five percent) of the total Order value ‐ Documentation 0.5% (zero point five percent) per commenced week of delay, up to a maximum of 5% (five percent) of the total Order value The Contractor’s obligation to pay a contractual penalty arises upon the commencement of the delay. In the event of defects in Supplies/Services, the time between the acceptance of delivery and the notification of a defect by the Principal is not subject to a contractual penalty. Acceptance of a delivery does not require the Principal to immediately raise penalty claims in order to be entitled to payment of a contractual penalty at a later date. The payment of contractual penalties does not release the Contractor from its duties of performance nor any liabilities resulting therefrom vis‐a‐vis the Principal. The aforesaid shall not affect any further claims for damages to which the Principal may be entitled.
Delays. MACH shall be liable for flight delays or other malfunctions of the aircraft for causes attributable to MACH, whereby the provisions of the Montreal and Warsaw Agreement, as applicable, shall remain in effect. The charterer shall compensate MACH for demurrage charges incurred at the respective airport and extra fees for ground time and block time, if the chartered aircraft is kept waiting beyond the contracted departure time because the booked passengers, their baggage, or freight shipments are not available on time for the scheduled departure, or if the appropriate travel or other necessary documents are missing or lacking because of acts of omission by the charterer or its employees or agents or the passengers. Additionally, the charterer has to compensate MACH for all further costs which occurred due to the failed transportation or delay.