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Maximum Score 1
Buyer O has placed an order for the supply and installation of six new servers for a total amount of 600,000 from Supplier A. Which of the following could potentially be treated as examples of a liquidated damages clause within the contract for the supply of the servers?
If the supplier delivers any of the servers late, 1,000 per server will be deducted from the order per day
This contract is subject to delay remedies of X - the amount to be agreed by both parties during delivery
The sum for breach of the completion date for the order is 40,000 per day up to a maximum of 50% of the contract price
If the performance of any of the servers degrades within five years, a full refund of 600,000 will be provided
Liquidated damages are pre-agreed fixed sums payable for specific breaches, such as late delivery.
Clauses 1 and 3 meet this definition.
Clause 2 is uncertain (''to be agreed'') and unenforceable; clause 4 is a warranty, not LDs.