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Imposition of Liquidated Damages

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Imposition of Liquidated Damages

Post by Renz_givs on Sat May 05, 2012 8:12 am

We have several medical equipment delivered but did not passed the technical specifications specified on the contracts. Contractors have been notified of the defects however they failed to comply. Would this be subject to liquidated damages? When does the computation of LD starts?

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Re: Imposition of Liquidated Damages

Post by sunriser431 on Sat May 05, 2012 11:02 am

Renz_givs wrote:We have several medical equipment delivered but did not passed the technical specifications specified on the contracts. Contractors have been notified of the defects however they failed to comply. Would this be subject to liquidated damages? When does the computation of LD starts?
Excerpts from the PBDs (Section IV. General Conditions of Contract) which is self explanatory.
19. Liquidated Damages
Subject to GCC Clauses 18 and 22, if the Supplier fails to satisfactorily deliver any or all of the Goods and/or to perform the Services within the period(s) specified in this Contract inclusive of duly granted time extensions if any, the Procuring Entity shall, without prejudice to its other remedies under this Contract and under the applicable law, deduct from the Contract Price, as liquidated damages, the applicable rate of one tenth (1/10) of one (1) percent of the cost of the unperformed portion for every day of delay until actual delivery or performance. The maximum deduction shall be ten percent (10%) of the amount of contract. Once the maximum is reached, the Procuring Entity shall rescind the Contract pursuant to GCC Clause 23, without prejudice to other courses of action and remedies open to it. bounce
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Re: Imposition of Liquidated Damages

Post by Renz_givs on Sat May 05, 2012 7:24 pm

Thanks for this information. One more thing, when we say satisfactorily deliver, does this mean that the goods are free of any defects?

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Re: Imposition of Liquidated Damages

Post by Renz_givs on Sat May 05, 2012 7:28 pm

or kapag na deliver na ba ang supplies kahit di pa na inspection ay pwede na sabihing satisfatorily delivered thus freeing the supplier from LD.

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Re: Imposition of Liquidated Damages

Post by Jovinal on Mon May 07, 2012 8:38 pm

satisfatorily delivered means complete as to quantity and the specifications are complied/satisfied.
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