Tender Dossier (PDF) - Eulex

PAYMENTSArticle 26 - General principles26.1. Payments shall be made in euro or national currency. The Special Conditions shall lay downthe administrative or technical conditions governing payments of pre-financing, interimand/or final payments made in accordance with the General Conditions. Where payment is inthe national currency, it shall be converted into euro at the rate published on the Infor-Euroon the first working day of the month in which the payment is made.26.2. Payments due by the Contracting Authority shall be made to the bank account mentioned onthe financial identification form completed by the Contractor. The same form, annexed to thepayment request, must be used to report changes of bank account.26.3. Sums due shall be paid within no more than 45 days from the date on which an admissiblepayment request is registered by the competent department specified in the SpecialConditions. The date of payment shall be the date on which the institution's account isdebited. The payment request shall not be admissible if one or more essential requirementsare not met.26.4. The 45-day period may be suspended by notifying the Contractor that the payment requestcannot be fulfilled because the sum is not due, because appropriate substantiating documentshave not been provided or because the Contracting Authority thinks it is necessary toconduct further checks to verify if the expenditure is eligible. In the latter case, an inspectionmay be carried out on the spot for the purpose of further checks. The Contractor shallprovide clarifications, modifications or further information within 30 days of being asked todo so. The payment period shall continue to run from the date on which a properly drawn-uppayment request is registered.26.5. The payments shall be made as follows:a) 60% of the contract price after the signing of the contract, against provision of theperformance guarantee. If the pre-financing payment exceeds EUR 150.000, or if noproof documents have been provided for the selection criteria, the Contractor mustprovide a financial guarantee for the full amount of the pre-financing payment. Thisguarantee shall be provided to the Contracting Authority following the procedureforeseen for the performance guarantee in accordance with Article 11, and in accordancewith the format annexed to the contract. This financial guarantee must remain valid untilit is released 45 days at the latest after the provisional acceptance of the goods. Where thecontractor is a public body the obligation for a financial guarantee may be waiveddepending on a risk assessment made;b) 40% of the contract price, as payment of the balance outstanding, following provisionalacceptance of the supplies;26.6. Where only part of the supplies have been delivered, the 40% payment due following partialprovisional acceptance shall be calculated on the value of the supplies which have actuallybeen accepted and the security shall be released accordingly.26.7. For supplies not covered by a warranty period, the payments listed above shall beaggregated. The conditions to which the payments of pre-financing, interim and/or finalpayments are subject, shall be as stated in the Special Conditions.26.8. The payment obligations of the EU under this Contract shall cease at most 18 months afterthe end of the period of implementation of the tasks, unless the Contract is terminated inaccordance with these General Conditions.