Penalties for Non-compliance to Service Level Agreement. Where the Supplier/Service Provider fails to deliver the Goods/Services within the agreed and accepted milestone timelines and provided that the cause of the delay was not due to a fault of Transnet, penalties shall be imposed at …………………………………………………… .
Penalties for Non-compliance to Service Level Agreement. Where the Supplier/Service Provider fails to deliver the Goods/Services within the agreed and accepted milestone timelines and provided that the cause of the delay was not due to a fault of Transnet, penalties shall be imposed at a sum of R5000.00 per day up to a maximum of R50,
Penalties for Non-compliance to Service Level Agreement. Where the Service Provider fails to deliver the Services within the agreed and accepted milestone timelines and provided that the cause of the delay was not due to a fault of Transnet, penalties shall be imposed at 10% per day delay damages for completion of the whole of the works.
Penalties for Non-compliance to Service Level Agreement. Where the Supplier/Service Provider fails to deliver the Goods/Services within the agreed and accepted milestone timelines and provided that the cause of the delay was not due to a fault of Transnet, penalties shall be imposed at per the Specification document. Non-compliance Penalty Certificate:
a) If any Non-compliance Penalty arises, the Supplier Development Manager shall issue a Non-compliance Penalty Certificate on the last day of each month during such Non- compliance indicating the Non-compliance Penalties which have accrued during that period.
Penalties for Non-compliance to Service Level Agreement. Where the Supplier fails to deliver the Goods within the agreed and accepted milestone timelines and provided that the cause of the delay was not due to a fault of Transnet, penalties shall be imposed: Failure to achieve ninety–five percent [95%] of the delivery lead time(s) as detailed in clause 13.4 above, an averaged over each consecutive three (3) monthly period, shall result in the Supplier refunding to Transnet, a retrospective discount of one and half percent (1.5%) on the amounts invoiced for that period and shall be payable to Transnet at the end of the following quarterly period. Transnet shall impose a one percent (1%) penalty per day on the total value of the issued Purchase Order up to the maximum of seven (7) days, for late delivery of the Goods. The penalty fee shall be set off against the Supplier’s submitted month-end statement.
a) If for any reason the Supplier is unable to achieve any milestone target indicated in the local content undertaking, the Supplier must approach the Department of Trade and Industry (“DTI”) to obtain exemption in order to supply the goods at a lower local content threshold. The Supplier is obliged to approach DTI for exemption within 10 (ten) days of determining that it is unable to achieve any milestone target or local content threshold.
b) Should the DTI provide exemption, the Supplier shall be entitled to provide the goods at the lower local content threshold set by DTI. In such event, the Parties shall in good faith renegotiate the milestone targets or local content undertaking to ensure that the lowered local content thresholds are achieved.
Penalties for Non-compliance to Service Level Agreement. Where the Supplier fails to deliver the Goods within the agreed and accepted milestone timelines and provided that the cause of the delay was not due to a fault of Transnet, penalties shall be imposed at annexure K.
Penalties for Non-compliance to Service Level Agreement a) The Supplier recognises that its failure to meet the agreed delivery date and other obligations in terms of this Agreement shall have a material adverse impact on the business and operations of Transnet.
b) Failure to achieve ninety-five percent (95%) on random checks of the compliance of quality, quantity specifications and of the delivery lead time(s) as detailed above, averaged over each consecutive three-monthly period, shall result in the Supplier refunding to Transnet a retrospective discount of one point five (1.5%) percent on the amounts invoiced for that period at the end of the following quarterly period.
c) A penalty fee of two (2%) percent per day on the total outstanding value of the issued Purchase Order, shall be applicable for late delivery up to a maximum of five (5) business days. Transnet reserves the right to cancel late orders that have reached the ten (10%) percent penalty cap and seek an alternative Supplier to deliver the Goods. The penalty fee shall be set-off against the Supplier’s submitted month-end statement
Penalties for Non-compliance to Service Level Agreement. Where the Supplier/Service Provider fails to deliver the Goods/Services within the agreed and accepted milestone timelines and provided that the cause of the delay was not due to a fault of Transnet, penalties shall be imposed at …………………………………………………… . Non-compliance Penalty Certificate:
a) If any Non-compliance Penalty arises, the Supplier Development Manager shall issue a Non-compliance Penalty Certificate on the last day of each month during such Non- compliance indicating the Non-compliance Penalties which have accrued during that period.
b) A Non-compliance Penalty Certificate shall be prima facie proof of the matters to which it relates. If the Supplier disputes any of the amounts set out in a Non-compliance Penalty Certificate: the dispute shall be resolved in accordance with the provisions of the Agreement; and if pursuant to that referral, it is determined that the Supplier owes any amount to Transnet pursuant to the Non-compliance Penalty Certificate, then the Supplier shall pay such amount to Transnet within 10 (ten) Business Days of the determination made pursuant to such determination and an accompanying valid Tax Invoice. Payment of Non-compliance Penalties:
c) Subject to Clause i) above, the Supplier shall pay the Non-compliance Penalty indicated in the Non-compliance Penalty Certificate within 10 (ten) Business Days of Transnet issuing a valid Tax Invoice to the Supplier for the amount set out in that certificate. If Transnet does not issue a valid Tax Invoice to the Supplier for Non-compliance Penalties accrued during any relevant period, those Non-compliance Penalties shall be carried forward to the next period.
d) The Supplier shall pay the amount due within 10 (ten) days after receipt of a valid Tax Invoice from Transnet, failing which Transnet shall, without prejudice to any other rights of Transnet under this Agreement, be entitled to call for payment which may be in any form Transnet deems reasonable and appropriate.
e) It is agreed that Transnet, the DTI, the South African Bureau of Standards and/or any of their appointed agents shall be entitled to monitor, evaluate and audit the Contractor’s compliance with its obligations under the Local Content Plan. To this end, the Contractor shall provide its full cooperation to the respective bodies referred to in this clause to ensure that effective monitoring, evaluation and auditing takes place.
f) The Non Compliance Penalties set forth in this Clause are stated exclusive of VAT. Any ...
Penalties for Non-compliance to Service Level Agreement. Where the Supplier fails to deliver the Goods/Services within the agreed and accepted milestone timelines and provided that the cause of the delay was not due to a fault of Transnet, penalties shall be imposed at a penalty fee of 1% [one percent] per day on the outstanding (i.e. undelivered) value of the issued Purchase Order is applicable to late delivery up to a maximum of seven (7) days per Purchase Order. The penalty fee shall be set off against the Supplier’s submitted month-end statement.
Penalties for Non-compliance to Service Level Agreement. The Supplier guarantees that it will achieve a 95% [ninety-five per cent] service level on the following measures:
a) Random checks on compliance with quality/quantity/specifications
b) On-time delivery • If the supplier does not achieve this level as an average over each quarter, Transnet will receive a 1.5% [one and a half per cent] rebate on quarterly sales payable in the next quarter • The Supplier must provide a telephone number for customer service calls. Failure of the Supplier to comply with stated service level requirements will give Transnet the right to cancel the contract in whole, without penalty to Transnet, giving 30 [thirty] calendar days’ notice to the Supplier of its intention to do so.
