RE: Omega DX Covid-19 +2 Feb 2022 19:04
"I don't think we are disagreeing..."
@Computer909, you are correct there, no private conversation either, but @CaptainSwag was asking a questions from last night which hinged on definitions. But I think the nuance is very important otherwise, the accusations against ODX will continue.
So for future reference and clarity, the definition of pre-production is given below [A], what is relevant is section 2.3.2 [see B below], which states cash is provided to be "used by the Supplier for agreed pre-production activities". It continues, that copy of invoices are required [C]. Schedule then further elucidates what activities are required which I have summarised [D]. All of which (I have marked) are DONE. As per my previous post, the Agreement does not require ODX to pay back the money if it has been spent by them at the End Date (section 13.5.7), which according to the RNS was on 1 October 2021. ODX have spent the money and as per the Government request have responded in writing.
As I've summarised before, ODX won't be paying back anything - and I very much doubt the Gov will be proceed any further beyond receiving invoices.
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A. Definition of pre-production:
“the aggregate amounts paid to the Supplier by way of cash payments (other than for the Charges for the Goods) and the value of all raw materials provided to the Supplier by the Authority without charge as set out in clause 2.3”
B. 2.3.2 “by way of a cash deposit to be used by the Supplier for agreed pre-production activities brief details of which are set out in Schedule 8 (Implementation Plan)”
C. “The Supplier shall provide copy invoices to the Authority on request providing evidence of the payments made by the Supplier to at least the value of the payment.”
D. Schedule 8 section 4
Completion of ongoing facilities work (DONE)
Incremental installation and readiness of the Machinery (DONE)
Support management of supply chain requirements for LFT manufacturing (DONE)
Support recruitment and training of staff (DONE)
Support technical transfer (DONE)