The DfT regard all rolling stock contracts as “commercially confidential”. People have tried to FOI them before and failed to get any information.
But no manufacturer or ROSCO covers delay repay. That cost sits with the TOC (or rather the DfT these days) like other consequential losses.
Thanks for the information. So it's the DfT that make the claim that it's 'commercially sensitive'.
EMR lease the 810's from Rock Rail so will pay the lease fees on the units they have accepted, they have a maintenance contract with Hitachi which I believe is direct between EMR and Hitachi although it may involve Rock Rail too. That maintenance contract will have performance criteria in it for availability and reliability along with other areas too, although how that works whilst the units are in the early introduction phase may differ to once the full fleet is in place. EMR will pay the delay-repay, no manufacturer will open themselves upto those type of payments that they can't control.
Both those contracts will be commercially confidential so your not going to get specific figures, once EMR is nationalised you could try a FOI request but I can't see them releasing figures. Rock Rail quoted £400 million for the 810 fleet back in 2019 when the contract was announced.
Thank you.
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I have the following thoughts which are not intended to be 'shooting the messengers' who answered my questions above.
It would be interesting to know the number of 810s actually being leased and paid for as it appears that 3 or 4 manage to get off the depot of a morning.
Contracts for supply are usually between a party receiving the goods or services and the supplier. The party receiving them is also contractually required to pay for them. It is the case (though, again, not particularly transparent) that the railways receive support from the taxpayer at the level of just over £12,000,000,000 per annum. One might well argue that the taxpayer is party to the contract as provider of at least some of the money due. Logically the protection of 'commercial sensitivity' should not apply to parties in the contract. It would be a crazy world to hand over your debit card for payment for something and the vendor debiting your account but refusing to tell you how much you had been charged and then your bank saying that they couldn't tell you the amount debited, either, because of 'commercial sensitivity'. I wonder why the DfT are at pains to keep these details out of then public's view.
Interesting that the railways (or, more likely, the DfT) regard delay repay payments and also penalties for loss of future business (caused by disenchantment with railway reliability by prospective customers) as not recoverable from train builders or leasing companies because they're consequential; but another arm of the railways, Network Rail, successfully (according to another thread) recover consequential payments (delay minutes fines) from road hauliers when their lorries damage bridges. Network Rail have successfully argued in court that consequential damage is recoverable, as well as physical damage - there's case law.