Tender Dossier - Eulex

Conditions, the Contracting Authority shall have 30 days, starting from the day on which it receivesnotification of the definitive lifting of the obstacle to payment, to resume payments to the Contractor.Article 28 - Delayed payments28.1. The Contracting Authority shall pay the Contractor sums due within 45 days of the date onwhich an admissible payment is registered, in accordance with Article 26 of these GeneralConditions. This period shall begin to run from the approval of these documents by the competentdepartment referred to in Article 26 of the Special Conditions. These documents shall be approvedeither expressly or tacitly, in the absence of any written reaction in the 45 days following their receiptaccompanied by the requisite documents.28.2. Once the deadline laid down in Article 28.1 has expired, the Contractor may, within two monthsof late payment, claim late-payment interest:- at the rediscount rate applied by the issuing institution of the country of the Contracting Authoritywhere payments are in national currency;- at the rate applied by the European Central Bank to its main refinancing transactions in euro, aspublished in the Official Journal of the European Union, where payments are in euro, on the first dayof the month in which the deadline expired, plus seven percentage points.The late-payment interest shall apply to the time which elapses between the date of the paymentdeadline (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 in Article28.1 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 their damageor deterioration in transit to their destination as indicated in the contract. The packaging shall besufficient to withstand, without limitation, rough handling, exposure to extreme temperatures, salt andprecipitation during transit and open storage. Package size and weight shall take into consideration,where appropriate, the remoteness of the final destination of the supplies, and the possible absence ofheavy handling facilities at all points in transit.29.3. The packaging, marking and documentation inside and outside the packages shall comply withsuch requirements as shall be expressly provided for in the Special Conditions, subject to anyvariations 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 for thedelivery at the place of acceptance of all supplies and supplier's equipment required for the purpose ofthe contract. If the Project Manager fails either to issue the certificate of provisional acceptance or toreject the Contractor's application within the period of 30 days, he/she shall be deemed to have issuedthe certificate on the last day of that period.29.5. Each delivery must be accompanied by a statement drawn up by the Contractor. This statementshall be as specified in the Special Conditions.29.6. Each package shall be clearly marked in accordance with the Special Conditions.37