RE: The £2.5million question8 Jun 2023 17:53
"how can you repay the remaining outstanding pre production payment if you hadn't started repaying?"
If you haven't started repaying it then you owe whatever wasn't agreed in the schedules as the allowable amount (caveat below). This is like 5 yr old level.
|"Where does it say, that if a test hasn't started to be produced then the full pre production payment is to be repaid by supplier.(odx) "
READ THE CONTRACT - In it you will find the criteria set for Phase 1 and the expectations of costs. It ALSO includes everything the government tax payer were going to give them.
"It does say that up scaling production capacity can be carried out in pHase 1.So how an you upscale production capacity without incurring costs?"
It says you can incur costs but with caveats. READ MY POST BELOW AND JOIN THE DOTS.
If you've read the contract and you are only asking these questions then you haven't comprehended the contract or understood the importance of the timeline. To be fair to you it doesn't matter even if you had a sudden flash of synaptic revelation - you don't have any capability to act on it.
TL/DR - What you have here, as with most contract disputes are two parties that have likely made mistakes:
Government - Over estimating the skills of the board and not insisting on the controls in contract and not making it clearer what expectations were.
ODX - Say a cash cow, thought all their christmases had come at once and then realised where it was heading without upholding their fiduciary duties. Have been trying and failing to blow smoke ever since (the timing of the DAM Health RNS is telling).
It is comical that people who've lost thousands to this bunch are still so clueless.