Heat Rate
If the measured heat consumption corrected to the guarantee conditions, after the
measurement tolerance has been applied, exceeds the Guaranteed Heat Rate (GHR) the liquidated damage shall be the amount of:
THB 50,000 for every 1 kJ/kWh or part thereof increased in the heat rate from the GHR.
Power Output
If the measured net power output corrected to the guarantee conditions, after the
measurement tolerances has been applied, falls short of the Guaranteed Net Power Output (GNPO) the liquidated damages shall be the amount of:
THB 100,000 for every 1 kW of reduction in net power output from the GNPO.
The Seller will note that not all Performance Guarantees have Liquidated Damage provisions attached to them. The absence of such provisions does not preclude the Client from applying remedies against failure by the Seller to perform as set out in the conditions of Contract.
It should be noted that such remedies apply in particular, but not exclusively, to the failure of the Seller to meet the emission performance criteria and Noise Level Guarantee.