General Conditions of Contract

12. Performance Standards and Remedies

12.1

From the Commencement Date, the Contractor shall provide the Services in accordance with the Performance Standards in the specification to form part of the Contract.

12.2   

If at any time the Contractor fails to provide the Services in accordance with the Performance Standards, the Council shall have the right to:

12.2.1            

make such adjustment(s) to contract payments that would otherwise be due to the Contractor under Clause 18 (Payment of Invoices) as it shall in its absolute discretion think fit, any such adjustment being calculated by the Council by reference to tendered rates.

12.2.2            

require the Contractor to put in place such additional resources as are necessary to perform the Services in accordance with the Performance Standards as early as practicable thereafter at no additional charge to the Council; and

12.2.3           

require the Contractor to promptly remedy any failure to meet the Performance Standards or to re-perform any non-conforming Service at no additional charge to the Council.

12.3   

Without prejudice to any other right or remedy, the Council shall have the right to recover liquidated damages under the Contract and/or to terminate the Contract on any material breach by the Contractor of this Clause 12.

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Procurement

E-mail: contracts@thanet.gov.uk

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