Supply of wood chips for four schools in the district,

a total of 2,450 MWh per year

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Supply of wood chips for four schools in the district,

a total of 2,450 MWh per year

Execution period: 01.10.2023 – 30.09.2025 Extension option: one-time for one year

§ 20 Disruption of performance and contractual penalty

1. In the event of a failure of installations or other technical equipment or in the event of other

In the event of operational disruptions, the contractor is obliged to immediately pay for replacement at his own expense.

worry. The delivery of wood chips must not be jeopardized by this. In

With the written consent of the client, the contractor may in such cases

for the fulfilment of its obligations for a short period of time by suitable third parties.

(2) If, for a reason for which he is responsible, the contractor carries out the contractual

services in whole or in part, the client is entitled, after unsuccessful

Expiry of a grace period set by him, at his discretion the contractual services themselves

or to have it carried out by third parties at the expense of the contractor. The right

the termination of the contract for good cause remains unaffected.

(3) If, for a reason for which he is responsible, the contractor shall carry out a contract for which he is responsible.

contract assumed and not only completely insignificant obligation not, not on time,

not completely or improperly, the client is entitled to give the

impose a contractual penalty on the contractor. The amount of the contractual penalty is in the reasonable

Discretion of the client, which will be reviewed by the competent court in the event of a dispute

can.

(4) The contractual penalty may be deducted from the remuneration to be paid to the contractor

become. Further claims of the client remain unaffected. The forfeited

Contractual penalty will be offset against any possible damage.

(5) The client already sets the following contractual penalties in terms of amount:

a) In the event of repeated non-timely delivery of wood chips, the customer shall:

entitled to impose a contractual penalty of 500 euros per working day.

b) In the event of repeated delivery of wood chips that do not meet the quality criteria pursuant to §

11, the client is entitled to pay a contractual penalty of 1,000 euros per non-

quality-compliant delivery.

c) In the event of non-timely rectification of justified complaints and untimely

In addition to the transfer of data listed in this contract, the client is entitled to request a

Set a contractual penalty of 500 euros per working day.

d) If the contractor uses the data and information obtained from the contractual relationship

for purposes other than the performance of the obligations incumbent upon him under this contract, so

the client may impose a contractual penalty of 5,000 euros.

e) If tasks are transferred to third parties without the necessary consent of the client,

, the client is entitled to pay for each week or part thereof of the

performance by third parties to impose a contractual penalty of 1,000 euros.

These penalties may not be fixed by the contracting authority if the

The contractor is not responsible for the breach of contract.

(6) The contractual penalty must be asserted in writing.

(7) A further assertion of damages is not excluded.