Common use of Determination of Fees Clause in Contracts

Determination of Fees. The amount of the Recycling Fees, SUP fees and other fees is determined annually by the Producer Responsibility Organisation. The fees are imposed in such a way as to cover the costs incurred by the Producer Responsibility Organisations arising from the producer responsibility obligations under the regulatory provisions indicated in section 4 above. The Producer Responsibility Organisation is a non-profit organisation. The Producer Responsibility Organisation deter- mines annually the Business Service Fee, reporting delay fees, and the Accession fee. The Business Service Fee and the Accession Fee are used for covering the costs arising from the duties listed in section 6 above. ▇▇▇▇▇ Ltd is a non-profit limited liability company. ▇▇▇▇▇ Ltd invoices the Business Service Fees an- nually; the Accession Fee is charged when the Pro- ducer accedes to the system. If the Producer fails to provide the package quantity information within the time limit specified, the reporting delay fee in accordance with the price list will be added to the invoice. If reporting is delayed with over three months from the time limit, ▇▇▇▇▇ Ltd invoices, in addition to the above mentioned reporting delay fees, also the Recycling Fees, Business Service Fees and SUP Fees based on an estimate that is based on the packaging information available to ▇▇▇▇▇. The Producer is obliged to carefully check the packaging information that it reports. The Produc- er must make corrections (hereinafter the “Correc- tion”) to the previous year packaging information by the end of May of the current calendar year for the Correction to have any reductive effect to the sum of the invoice or for a payment to be refunded. The Correction shall be addressed to ▇▇▇▇▇ Ltd and the Producer Responsibility Organisation. The Correction shall include a duly substantiated writ- ten explanation. No payment refunds will be made for any periods before that. Any adjustment or refund made will be interest-free. No adjustments or payment refunds will be made in the event of the Producer’s gross negligence or wilful misconduct. If the packaging quantity information declared by the Producer is too low, the Producer Responsibil- ity Organisation shall have the right to charge the missing Recycling Fees and Business Service Fees in full, including any interest for late payment ac- crued thereon in accordance with the Interest Act.

Appears in 2 contracts

Sources: Producer Responsibility Agreement, Producer Responsibility Agreement

Determination of Fees. The amount of the Recycling Fees, SUP fees Fee and other fees is determined annually by the Producer Responsibility Organisation. The fees are imposed in such a way as to cover the costs incurred by the Producer Responsibility Organisations arising from the producer responsibility obligations under the regulatory provisions indicated in section 4 above. The Producer Responsibility Organisation is a non-profit organisation. The Producer Responsibility Organisation deter- mines annually determines the Business Service Fee, any related fees, such as reporting delay fees, and the Accession feeamount of the Business Service Fees on an annual basis. The Business Service Fee and the Accession Fee are used for covering the costs arising from the duties listed in section 6 above. ▇▇▇▇▇ Ltd is a non-profit limited liability company. ▇▇▇▇▇ Ltd invoices the Recycling Fees decided by the Producer Responsibility Organisations within one (1) month of the acceptance of the packaging quantity information. ▇▇▇▇▇ Ltd invoices the Business Service Fees an- nuallyannually; the Accession Fee is charged when the Pro- ducer Producer accedes to the system. If the Producer fails to provide the package quantity information within the time limit specifiedspecified in section 7 (c) or 8 (g) above, the reporting delay fee in accordance with the price list will be added to the invoice. If reporting is delayed with over three months from the time limit, ▇▇▇▇▇ Ltd invoices, in addition to the above mentioned reporting delay fees, also the Recycling Fees, Business Service Fees and SUP Fees based on an estimate that is based on the packaging information available to ▇▇▇▇▇. The Producer is obliged to carefully report and check the packaging information that it reportsreports annually. The Produc- er must make All remarks and corrections (hereinafter the “Correc- tionCorrection”) to the previous year packaging information shall be made annually by the end of May of the current calendar year for year. If the Correction is not made within the aforementioned time, the Correction will not have any such effect as to have any reductive effect to the sum of the invoice reduced or for a payment to be refunded. The Correction shall be addressed to ▇▇▇▇▇ Ltd and the Producer Responsibility Organisation. The Correction shall include a duly substantiated writ- ten written explanation. If the Correction indicates that there is an error in the packaging information that would entitle the Producer to a refund of the payments made in the current calendar year or have the invoice adjusted, the invoice may in all cases only be adjusted or payments refunded in respect of an invoice that is based on the previous year’s packaging information. No payment refunds will be made for any periods before that. Any adjustment or refund made will be interest-free. No adjustments or payment refunds will be made in the event of the Producer’s gross negligence or wilful misconduct. If the packaging quantity information declared by the Producer is too low, the Producer Responsibil- ity Responsibility Organisation and ▇▇▇▇▇ Ltd shall have the right to charge the missing Recycling Fees and Business Service Fees in full, including any interest for late payment ac- crued accrued thereon in accordance with the Interest Act.

Appears in 1 contract

Sources: Producer Responsibility Agreement