Contract number: ECHA/2019/355  FWC conditions of October 2018 
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II.14.3 The parties must take all necessary measures to limit any damage due to force 
majeure. 
II.15. Liquidated damages 
II.15.1.  Delay in delivery 
If the contractor fails to perform its contractual obligations within the applicable time limits 
set out in this FWC, the contracting authority may claim liquidated damages for each day 
of delay using the following formula:  
0.3 x (V/d)  
where:  
V is the price of the relevant purchase or deliverable or result; 
d is the duration specified in the relevant specific contract for delivery of the relevant 
purchase or deliverable or result or, failing that, the period between the date specified in 
Article I.4.2 a nd the date of delivery or performance  specified in the  relevant specific 
contract, expressed in days. 
Liquidated damages may be imposed together  with a reduction in price under the 
conditions laid down in Article II.16. 
II.15.2. Procedure 
The contracting authority must formally notify  the contractor of  its intention to apply 
liquidated damages and the corresponding calculated amount.  
The contractor has 30 days following the date of receipt to submit observations. Failing 
that, the decision  becomes enforceable the day after the time limit for submitting 
observations has elapsed.  
If the contractor submits observations, the contracting authority,  taking into account the 
relevant observations, must notify the contractor:  
(a) of the withdrawal of its intention to apply liquidated damages; or  
(b) of its final decision to apply liquidated damages and the corresponding amount.  
II.15.3. Nature of liquidated damages 
The parties expressly acknowledge and agree that any amount payable under this Article 
is not a penalty and represents a reasonable estimate of fair compensation for the damage 
incurred due to failure to provide the services within the applicable time limits set out in 
this FWC. 
II.15.4. Claims and liability 
Any claim for liquidated damages does not affect the contractor’s actual or potential liability 
or the contracting authority’s rights under Article II.18.