Contract number: ECHA/2019/355  FWC conditions of October 2018 
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unaccompanied luggage if it has given its prior written approval for the expense. 
II.23. Recovery 
II.23.1 If an amount is to be recovered under the terms of the FWC, the contractor must 
repay the contracting authority the amount in question.  
II.23.2. Recovery procedure 
Before recovery, the contracting authority must formally notify  the contractor of its 
intention to recover the amount it claims, specifying the amount due and the reasons for 
recovery and inviting the contractor to make any observations within 30 days of receipt.  
If no observations have been submitted or if, despite the observations submitted, the 
contracting authority decides to pursue the recovery procedure,  it must confirm recovery 
by formally notifying a debit note to the contractor, specifying the date of payment. The 
contractor must pay in accordance with the provisions specified in the debit note. 
If the contractor does not pay  by the due date, t he contracting authority may, after 
informing the contractor in writing, recover the amounts due: 
(a) by offsetting them against any amounts owed to the contractor by the contracting 
authority;  
(b) by calling in a financial guarantee if the contractor has submitted one to the 
contracting authority;  
(c) by taking legal action.  
II.23.3. Interest on late payment 
If the contractor does not honour the obligation to pay the amount due by the date set by 
the contracti ng authority in the debit note , the amount due bears interest at the rate 
indicated in Article II.21.8. Interest on late payments will cover the period starting on the 
day after the due date for payment and ending on the date when the contracting authority 
receives the full amount owed.  
Any partial payment is first entered against charges and interest on late payment and then 
against the principal amount. 
II.23.4. Recovery rules in the case of joint tender 
If the contract is signed by a group (joint tender), the group is jointly and severally liable 
under the conditions set  out in Article II.6 (liability). The contracting authority shall send 
the debit note first to the leader of the group.  
If the leader does not pay by the due date the whole amount, and if the amount due cannot 
be offset or can only be offset partially in accordance with Article II.23.2 (a), then the 
contracting authority may claim the amount still due to any other member or members of 
the group by respectively notifying them with a debit note in conformity with the provisions 
laid down in Article II.23.2.  
II.24. Checks and audits 
II.24.1 The contracting authority and the European Anti-Fraud Office may check or require 
an audit on the implementation of the FWC . This may be carried out either by