Roland Aule
AS Atea
Järvevana tee 7B 21.02.2025 No 2-7/25/1093
10112 Tallinn
[email protected]
Warning of contractual penalty claim and
granting of an extension of time
Petition concerning the delay of the goods under procurement contract 2-2/24/716-1.
On August 14th, 2024, Estonian Centre for Defence Investments (hereinafter the buyer), General Staff of
the National Army of the Republic of Moldova (hereinafter the beneficiary), Supply and Infrastructure
Management Agency of the Ministry of Defense of the Republic of Moldova and AS Atea (hereinafter the
seller) concluded the procurement contract (hereinafter the contract) on the basis of the founding
documents and the tender of seller for the public procurement „Moldova Kaitseministeeriumi
infotehnoloogiliste (IKT) seadmete soetamine koos lisavarustusega“ (reference number 275616), Quote
No 488468 (lot 2) and Quote No 485021 (lot 6).
According to clause 1.3 of the contract Annex 5 “Conditions for packaging and delivering”: „The Seller shall
deliver the Goods specified in the technical description to the Beneficiary within three (3) months of the
entry into force of the Contract“. The seller was expected to deliver the goods by November 14th, 2024 at
the latest.
On November 8th, 2024, the buyer made a request about the documentation and delivery. On November
18th, 2024, the representative of the seller confirmed that the goods were ready for delivery, but requested
assistance with the necessary documentation. The buyer made several requests for clarification regarding
the documents provided by the seller. On November 28th, 2024, the representative of the seller sent the
updated documents for review. On November 29th, 2024, the buyer sent the revised documents back to
the seller. On February 19th, 2025, the seller’s representative informed the buyer that the package
information has been forwarded to the courier company. The value of the delayed goods is 9966,90 Euros,
with 0% value added tax.
According to clause 13.11 of the contract: „If the Goods have not been delivered or Services have not been
rendered by the set time limit, the Buyer has the right to claim a contractual penalty of up to 0.25% per
day of the Goods not delivered or Services not rendered on time for every calendar day due, but no more
than 50% of the cost of the contract.“
The buyer hereby grants seller an additional deadline to deliver the goods. The goods must be delivered
no later than March 3rd, 2025.
In the event that the goods are not delivered by the additional deadlines, buyer has the right to apply
clause 13.11 of the contract and claim 0.25% of the value of the delayed goods for every calendar day the
Järve 34a / 11314 Tallinn / Estonia / +372 717 0400 /
[email protected] / www.ecdi.ee
Registration code 70009764
delivery is delayed. In case buyer shall apply contractual penalty, the buyer has the right to calculate it
starting from November 15th, 2024.
Respectfully,
(Signed digitally)
Marek Järlak
Head of Procurement Bureau
acting as Head of Procurement Department
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