Номер:
8b5199d5ec364a6db69fa4c3f76c5a20
Пов'язаний елемент:
Закупівля
Дата опублікування:
25.05.2026 10:51
Опис:
1. Delay Liquidated Damages
Reference:
Clause 7.2
Current wording:
“For violation of the terms of delivery of the Goods and/or provision of the Supporting Services, the Supplier shall pay a penalty in the amount of 0.3% of the value of the undelivered/untimely delivered Goods for each day of such delay, and for delay in delivery of the Goods for more than 30 (thirty) calendar days, the Supplier shall additionally pay a penalty in the amount of 10% of the value of the undelivered/untimely delivered Goods.”
Comment:
The current LD structure creates disproportionate cumulative exposure considering:
the complexity of long lead compressor equipment manufacturing,
dependence on international OEM supply chains,
transportation into Ukraine,
customs procedures,
and the current wartime operational environment.
Recommendation:
Clause 7.2 to be revised as follows:
“For violation of the delivery schedule, the Supplier shall pay liquidated damages in the amount of 0.05% per day of delay calculated only on the delayed portion of the Goods. Total cumulative delay liquidated damages shall not exceed 10% of the delayed portion value. Such liquidated damages shall constitute Buyer’s sole remedy for delivery delay.”
Consequential Damages / Lost Profit Exposure
Reference:
Clause 7.2.1
Current wording includes:
“including lost profits”
Comment:
The clause creates unlimited commercial exposure disproportionate to the nature of the supplied equipment and duplicates protections already covered by liquidated damages provisions.
Recommendation:
Clause 7.2.1 to be revised as follows:
“The Supplier shall compensate only direct documented damages caused exclusively by Supplier fault. Compensation for indirect damages, consequential damages, loss of production, and lost profits shall be excluded.”
Alternatively:
Delete wording:
“including lost profits”.
Documentation Delay Penalty
Reference:
Clause 7.2.2
Current wording:
“Supplier shall pay a penalty to the Purchaser in the amount of 1% of the contract price.”
Comment:
Engineering documentation preparation depends on:
manufacturing progress,
FAT completion,
as-built modifications,
commissioning adjustments,
and OEM final documentation release.
The current wording creates disproportionate exposure unrelated to actual project impact.
Recommendation:
Clause 7.2.2 to be deleted.
Alternatively:
“Documentation-related penalties may apply only to the delayed documentation scope and shall not exceed 1% of the related documentation scope value.”
Replacement Goods Penalty
Reference:
Clause 7.4
Comment:
The current clause creates an additional fixed penalty on top of existing warranty and delay obligations.
Recommendation:
Clause 7.4 to be revised as follows:
“In case replacement obligations arise under warranty, the Supplier shall replace defective Goods within mutually agreed reasonable time considering manufacturing lead times, logistics, customs procedures, and site accessibility.”
Delete wording:
“Supplier shall pay the Buyer a fine in the amount of 10% of the value of such Goods.”
Limitation of Liability
Reference:
General Contract Conditions
Comment:
The draft contract currently does not contain an overall limitation of Supplier liability.
Recommendation:
Add the following clause:
“The total aggregate liability of the Supplier arising out of or related to the Contract shall in no event exceed 20% of the total Contract value.
Supplier shall not be liable for:
indirect damages,
consequential damages,
loss of production,
loss of profit,
loss of revenue,
or punitive damages.”
Force Majeure / Wartime Operational Environment
Reference:
Force Majeure / Delivery / Commissioning obligations
Comment:
Execution of compressor package delivery, commissioning, SAT, maintenance, and warranty obligations may be affected by:
military restrictions,
curfews,
air raid alarms,
transportation interruptions,
site access limitations,
customs delays,
force majeure events,
or other circumstances beyond Supplier control.
Recommendation:
Add the following clarification:
“Any delays caused directly or indirectly by:
military activity,
war-related restrictions,
governmental restrictions,
security procedures,
transportation limitations,
force majeure events,
or restricted site accessibility
shall:
extend the contractual execution schedule accordingly;
suspend applicable delay liquidated damages;
and not constitute Supplier default.”
Warranty Exclusions
Reference:
Warranty obligations
Comment:
Supplier cannot assume warranty responsibility for equipment damage resulting from war-related or external events beyond Supplier control.
Recommendation:
Add the following clarification:
“The warranty shall not apply to:
war-related events,
military activity,
missile or drone attacks,
sabotage,
terrorism,
external fire,
flooding,
improper storage after delivery,
unstable power supply,
or other force majeure events beyond Supplier control.”
Transfer of Risk
Reference:
Delivery conditions DAP
Comment:
Transportation and security risks inside Ukraine after customs clearance may be affected by circumstances outside Supplier control.
Recommendation:
For non-resident suppliers, transfer of transportation risk and custody should occur at customs clearance point or at first agreed delivery point within Ukraine.
Any transportation beyond such point shall be:
at Buyer risk,
or
performed at Buyer responsibility even if coordinated by Supplier for logistical support purposes.
Відповідь:
Добрий день. Замовником частково внесено зміни до тендерної документації. Інші вимоги не задоволено.
Дата відповіді:
28.05.2026 14:20