If the distributor fails to fulfil a contractual commitment, the supplier may impose penalties. These penalties are proportionate to the damage suffered as a result of the non-performance of contractual commitments, up to a ceiling equivalent to 2% of the value, within the order, of the category of products ordered concerned by the non-performance of the said commitments. Proof of breach must be provided by the supplier by any means. The distributor shall have a reasonable period of time in which to verify and, if necessary, contest the reality of the corresponding grievance. This article does not apply to commercial relations with wholesalers within the meaning of II of article L. 441-4.