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Tender Dossier (PDF) - Eulex

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28.2. Once the deadline laid down in Article 28.1 has expired, the Contractor may, within twomonths of late payment, claim late-payment interest:- at the rediscount rate applied by the issuing institution of the country of the ContractingAuthority where payments are in national currency;- at the rate applied by the European Central Bank to its main refinancing transactions ineuro, as published in the Official Journal of the European Union, C series, wherepayments are in euro,on the first day of the month in which the deadline expired, plus seven percentage points. The latepaymentinterest shall apply to the time which elapses between the date of the payment deadline(exclusive) and the date on which the Contracting Authority's account is debited (inclusive).28.3. Any default in payment of more than 90 days from the expiry of the period laid down inArticle 28.1 shall entitle the Contractor either not to perform the contract or to terminate it,with 30 days' prior notice to the Contracting Authority and the Project Manager.ACCEPTANCE AND MAINTENANCEArticle 29 - Delivery29.1. The Contractor shall deliver the supplies in accordance with the conditions of the contract.The supplies shall be at the risk of the Contractor until their provisional acceptance.29.2. The Contractor shall provide such packaging of supplies as is required to prevent theirdamage or deterioration in transit to their destination as indicated in the contract. Thepackaging shall be sufficient to withstand, without limitation, rough handling, exposure toextreme temperatures, salt and precipitation during transit and open storage. Package sizeand weight shall take into consideration, where appropriate, the remoteness of the finaldestination of the supplies, and the possible absence of heavy handling facilities at all pointsin transit.29.3. The packaging, marking and documentation inside and outside the packages shall complywith such requirements as shall be expressly provided for in the Special Conditions, subjectto any variations subsequently ordered by the Project Manager.29.4. No supplies shall be shipped or delivered to the place of acceptance until the Contractor hasreceived a delivery order from the Project Manager. The Contractor shall be responsible forthe delivery at the place of acceptance of all supplies and supplier's equipment required forthe purpose of the contract. If the Project Manager fails either to issue the certificate ofprovisional acceptance or to reject the Contractor's application within the period of 30 days,he/she shall be deemed to have issued the certificate on the last day of that period.29.5. Each delivery must be accompanied by a statement drawn up by the Contractor. Thisstatement shall be as specified in the Special Conditions.29.6. Each package shall be clearly marked in accordance with the Special Conditions.29.7. Delivery shall be deemed to have been made when there is written evidence available to bothParties that delivery of the supplies has taken place in accordance with the terms of thecontract, and the invoice(s) and all such other documentation specified in the SpecialConditions, have been submitted to the Contracting Authority. Where the supplies aredelivered to an establishment of the Contracting Authority, the latter shall bear theresponsibility of bailee, in accordance with the requirements of the law applicable to thecontract, during the time which elapses between delivery for storage and acceptance.

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