3. Terms of Liability and Cancellation
In case of failure of the Seller to complete the delivery of goods by the time scheduled in the agreement or in case the goods have been rejected for not meeting the specifications, the Seller agrees to pay liquidated damages to the Buyer on a daily basis at the rate of 0.1% of the cost of the goods not completely delivered from the day following the specified date of delivery up to actual date of delivery of the goods to the Buyer correctly and completely subject to the maximum amount of 10% of the agreement price, except that the Seller agrees to be fined without affecting any of the conditions in this agreement. If the Seller cancel to deliver all or partly of the purchase order within the delivery deadline, the Seller will be fined with the rate of 10% of the undelivered goods.
In the event that the Seller has not total delivered the items, delivered only a partial shipment, or delivered incorrect items by the required delivery date, the Buyer has the right to cancel part or all of the order. The order shall remain with the consent of the Buyer except when the Seller agrees to be fined without affecting any of the conditions in this agreement.
In case of purchasing the goods assembled in one set, in penalty shall be imposed in full on the cost of the whole set. Regarding the purchase of the goods in sets together with spare parts and/or tools, if the Seller delivers complete sets on schedule, with the exception of spare parts and/or tools which are behind schedule, liquidated damages will be imposed on a daily basis at the rate of 0.1% of the cost of spare part and/or tools undelivered.
As regards the purchase of the goods at a cost inclusive of the cost of installation or test, if the number of days involved in the installation or test extends beyond
that scheduled in the agreement the liquidated damages shall be imposed on a daily basis at the rate of 0.1% of the whole cost.