Penalty Clause Clause Samples
A penalty clause is a contractual provision that imposes a specified sum or consequence on a party if they fail to fulfill certain obligations or breach the agreement. Typically, this clause sets a predetermined amount that must be paid by the defaulting party, regardless of the actual damages suffered, and is often used to deter non-performance or late performance. Its core practical function is to encourage compliance with contract terms by attaching a financial consequence to breaches, thereby providing a clear deterrent and simplifying enforcement in the event of non-compliance.
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Penalty Clause a. Non-execution of supply order - For the reasons of failure to supply partially or completely within 30 days, if the Procurement cell has to buy the items from the RC 2 (L-2), RC 3 (L-3) or approved local vendor firm, the rate difference in cost will be recovered from ▇▇ ▇▇▇▇▇▇ i.e. L1 /Billing Agency as appointed by the Rate Contract Holder. The difference amount will be deducted from the forthcoming bills of the supplier pertaining to any product. Repeated failure (Three times) to supply in part or in full may amount to termination of rate contract for the product (s) and forfeiture of Performance Security. Reasons of failure to supply the material will be communicated by the firm to the Procurement cell timely.
b. Late delivery clause -The date & time of the delivery as stipulated in the supply order shall be deemed to be the essence of the contract and delivery must be completed no later than the date(s) as specified in the supply order. Unsupplied items of each supply order which will not be supplied during stipulated time period of 30 days should be treated as cancelled and will be procured from RC-2/RC-3 or approved local vendor and difference amount deducted from forthcoming bills of RC1 (L1)/Billing Agency as appointed by the Rate Contract Holder.
c. Non production of item – Difference in the value between existing source and source from where supplies are being obtained for remaining tendered quantity will be recovered from the billing agency.
Penalty Clause. In the case of the Contractor´s delay with the work handover within the deadline pursuant hereto, the Client shall charge a contractual penalty in the amount of 0.5 % of the price of the work for each commenced day of the delay.
Penalty Clause. In case any infringement/default as defined under Clause 4.2.2, 4.2.3, 4.3.9 and
Penalty Clause. There shall be regular review regarding the performance of the contractor by MCGM/ Traffic Police. In case at any stage, it has been observed/ found that the performance of the contractor is unsatisfactory or discrepancies are found in the works carried out by contractor, the MCGM reserves the right to cancel the contract and black list the contractual firm(s) after giving due opportunity and forfeit the Performance Guarantee. However, performance of the work does not include un-avoidable delay in executing the work and penalty levied on account of delayed works and other insignificant shortcomings. If the maintenance work is not carried out to the satisfaction of the MCGM and /or Traffic Police Authorities, the Contractor shall be liable to be penalized and deductions, as deemed appropriate. The penalty / deductions will be made from the maintenance bills, after evaluating the performance on the basis of several external factors such as power supply, excavation permission, no. of signals that were faulty or non functioning, the response time in attending the faults/ damages, frequency of defects, non replacement of LED retrofits/ SMPS or other parts, other software and hardware problems related to the Controller etc. In case of unsatisfactory maintenance, the office of Jt. Commissioner of Police (Traffic), who are the end users of the Traffic Signal Systems, may also propose penalty. The penalties will be based on resolution time as specified below. If the resolution time exceeds the specified resolution time, then the penalties will be levied as specified below and will be deducted from the monthly running bills.
Penalty Clause. The Channel Partner understands and acknowledges that any disclosure and / or appropriation of any Confidential Information, including by its managers, employees, consultants and / or collaborators, as well as the violation of the legal requirements regarding the protection of the processing of personal data, are of a nature to the cause of serious and irreparable damage to the FUDX, the amount of these damages being difficult to estimate and prove, which is why the Channel Partner accepts by signing this Agreement that in case of breach of the obligation to keep the confidentiality of the information as regulated in the present Contract and of the legal regulations in the matter of protection of the processing of personal data, to pay to the FUDX damages in the amount of INR 2500000/-.
Penalty Clause. In the case of the Contractor´s delay with the work handover within the deadline pursuant hereto, the Client shall charge a contractual penalty 1.500 CZK for each commenced day of the delay.
Penalty Clause. In the event of a breach by Seller of any of the provisions of this terms and conditions, Buyer will put Seller on Notice, and Buyer and Seller shall engage in good faith negotiations concerning Seller’s breach and the amount of payment due to Buyer to address Seller’s breach, and without prejudice to any other rights provided for by law or under this agreement such as the right to specific performance, the right to an injunction.
Penalty Clause. In case of violation of the conditions regarding the use of the license right in Article 4 of this agreement, the violating party is obliged to pay the penalty specified in this article. If the Licensee violates the license rights of the Licensor in any way, the Licensee accepts, declares and undertakes to pay 4 times of total paid license amount as a penalty. If the violation is detected, a written notification will be made by the Licensor and the payment of the penal clause by the Licensee will be made to the Licensor within 30 (thirty) days from the notification.
Penalty Clause. In case of absence of any person deployed for the purpose of this contract, if no suitable replacement is provided then deduction will be made from the payments to the successful tenderer.
Penalty Clause. A) The following penalty will be imposed in the event of NON MARCH OUT OF VEHICLE
a) For every vehicle for Taurus - Rs.700/- per day.
b) Tipper & other vehicle - twice the rate of final order
c) Failure of water washing & Lubrication for every 15 days - Rs.300/-per vehicle
d) If any authority certifies to the poor condition of vehicle - Rs 500/- per vehicle.