1. The delivery guarantee shall be released in full by a letter or written telecommunication by the Commission when the supplier:
(a) has presented the advance guarantee provided for in the third subparagraph of Article 18 (5);
(b) has carried out the supply in compliance with all his obligations;
(c) has been released from his obligations pursuant to ...;
(d) has not carried out the supply for reasons of force majeure recognized by the Commission.
Except in cases of force majeure, the delivery guarantee shall be partially forfeit on a cumulative basis in the following cases ...:
(a) 10 % of the value of the quantities not delivered, without prejudice to the tolerances referred to in Article 17 (1),
(b) 20 % of the total cost of sea transport as specified in the tender where the vessel chartered bv the supplier does not meet the conditions laid down in Article 14 (3);
(c) 0,2 % of the value of the quantities supplied after the deadline, per day of delay or, where appropriate, and only if this is specified in the tender notice, 0,1 % per day where they are delivered prematurely. ...
The delivery guarantee or guarantee in respect of the advance shall be released in proportion to the quantities for which right to payment of the balance has been established. It shall be forfeit for the other quantities.
The Commission shall deduct the amount of the guarantees to be forfeit in accordance with paragraphs 4, 5 and 6 from the final amount to be paid. The delivery guarantee or guarantee in respect of the advance shall then be released simultaneously in full.
2. In order to ensure that he meets his obligations, the supplier shall lodge a delivery guarantee with the Commission within 10 working days of notification of the award of the contract. That guarantee, expressed in ecus, shall represent 10 % of the amount of the tender per lot. The period of validity shall be at least one year and shall be extended on request of the Commission. ... It shall also indicate the country or organization receiving the aid. ...
