Call for tenders' details
Annex XVI - Draft SLA Periodical cleaning - Timeliness - frequency of services provided
Can you please confirm that the penalties do not apply when a service cannot be provided according to schedule because of non-attributable circumstances (e.g. emergency situation, extreme weather conditions) AND a new date has been set for the work in question (within acceptable time limits)?
As per article II.14 Force Majeure of the draft contract: II.14.1 If a party is affected by force majeure, it must immediately notify the other party, stating the nature of the circumstances, their likely duration and foreseeable effects. II.14.2 A party is not liable for any delay or failure to perform its obligations under the FWC if that delay or failure is a result of force majeure. If the contractor is unable to fulfil its contractual obligations owing to force majeure, it has the right to remuneration only for the services actually provided. ‘Force majeure’: any unforeseeable, exceptional situation or event beyond the control of the parties that prevents either of them from fulfilling any of their obligations under the FWC. The situation or event must not be attributable to error or negligence on the part of the parties or on the part of the subcontractors and must prove to be inevitable despite their exercising due diligence. Defaults of service, defects in equipment or material or delays in making them available, labour disputes, strikes and financial difficulties may not be invoked as force majeure, unless they stem directly from a relevant case of force majeure.