# Commission Decision of 27 October 2005 laying down rules for the procurement of food aid by NGOs authorised by the Commission to purchase and mobilise products to be supplied under Council Regulation (EC) No 1292/96 and repealing its Decision of 3 September 1998 (2005/769/EC), Division 8: DELIVERY CONDITIONS AND TERMS OF PAYMENT

Extent: E+W+S+N.I.

Goods shall be supplied in accordance with one of the following International Commercial Terms (Incoterms):
EXW: Ex Works (… named place)
FCA: Free Carrier (… named place)
FAS: Free Along Side Ship (… named port of shipment)
FOB: Free On Board (… named port of shipment)
CFR: Cost and Freight (… named port of destination)
CIF: Cost, Insurance and Freight (… named port of destination)
CPT: Carriage Paid To (… named place of destination)
CIP: Carriage and Insurance Paid To (… named place of destination)
DAF: Delivered at Frontier (… named place)
DES: Delivered ex Ship (… named port of destination)
DEQ: Delivered ex Quay (… named port of destination)
DDU: Delivered Duty Unpaid (… named place of destination)
DDP: Delivered Duty Paid (… named place of destination)
The sum to be paid by the buying NGO to the supplier shall not exceed the amount of the tender plus any costs, less any reduction provided for below.
Where the quality, the packaging or the marking of the goods at the place of loading and the contractual place of delivery indicated in the tender do not correspond to the contract specifications, without being such as to have prevented the issuance of a provisional certificate of conformity or taking over certificate, the NGO, in calculating the sum to be paid, may apply reductions.
The contract terms shall specify the procedure for establishing reductions for quality deviation as well as reductions for delivery beyond the contractual delivery period or date.
Payments to suppliers shall be the net amount resulting after deducting calculated reductions from the amounts invoiced by the supplier. In case such reductions cannot be deducted from the payment, the reductions shall be effected by full or partial collection of the delivery guarantee.
The NGO may repay to the supplier, at his written request, certain additional incurred cash outlay costs, such as warehousing or insurance actually paid by the supplier, but excluding any administrative costs, which the NGO shall assess on the basis of appropriate supporting documents, provided a taking-over certificate or delivery certificate has been issued without reservations relating to the nature of the costs claimed, and in the event of:
an extension of the delivery period at the recipient’s request, or
a delay exceeding 30 days between the date of delivery and the issue of the taking-over certificate, or the issue of the final certificate of conformity.
The sum to be paid shall be payable at the supplier’s request submitted in duplicate.
A request for payment of the full amount of the tender or balance thereof shall be accompanied by the following documents:
an invoice for the sum claimed,
the original of the taking-over certificate,
a copy signed and certified by the supplier as conforming to the original of the final certificate of conformity.
When 50 % of the total quantity lay down in the tender notice has been delivered, the supplier may present a request for advance payment accompanied by an invoice for the sum claimed and a copy of the provisional certificate of conformity.
All requests for payment of the full amount of the tender or balance thereof shall be presented to the NGO after issuance of the taking-over certificate. All payments shall be made within 60 days of the receipt by the NGO of a complete and accurate request for payment. Unjustified delays shall attract post-maturity interest at the monthly rate applied by the European Central Bank (Interest rate applied by the European Central Bank to its main refinancing operations).

---
Source: https://www.legislation.gov.uk/eudn/2005/769/annex/division/8 (the official version)
Page: https://openlegislation.uk/eu-decision-2005-769/annex/division-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.