Contract Price and Payment. In consideration of the Contractor's due and proper performance of its obligations under the Contract, the Contractor may charge the Authority or, as the case may be, any Beneficiary the Contract Price in accordance with this Clause 6. The only sums payable by the Authority or any Beneficiary to the Contractor for the provision of the Services shall be the Contract Price. All other costs, charges, fees and expenses of whatever kind arising out of or in connection with the Contract shall be the responsibility of the Contractor. In accordance with the Contract, where the Contractor is required to provide Deliverables, the Authority or any Beneficiary shall be entitled to withhold payment of the Contract Price pending receipt and acceptance of the Deliverables in accordance with the Specification. Unless otherwise agreed in writing by the Authority or any Beneficiary and the Contractor, within 15 days of the end of each calendar month, the Contractor shall invoice the Authority or, as the case may be, any Beneficiary for any Services provided by the Contractor in that calendar month. Such invoice shall be rendered on the Contractor's own invoice form clearly marked with the Authority’s or the Beneficiary's order number (if any). Invoices must show the period to which they relate and the aspects of the Services for which payment is claimed together with the agreed charging rates and any other details the Authority or the Beneficiary may require. Failure to provide such information will entitle the Authority or the Beneficiary to delay payment of the Contract Price until such information is provided. Subject to Clauses 6.3 and 6.6, the Authority or any Beneficiary shall pay any invoice submitted by the Contractor in accordance with Clause 6.4 within 30 days of receipt by the Authority or the Beneficiary of such invoice. The Authority or the Beneficiary shall pay such invoice(s) by BACS (Bank Automated Clearing System) if it so chooses or any alternate means as agreed between the Authority or the Beneficiary and the Contractor. The Authority and any Beneficiary shall be entitled to deduct from any monies due or to become due to the Contractor any monies owing to the Authority or the Beneficiary from the Contractor. Where the performance of the Contractor does not meet the required standard then a deduction as set out in the Specification or as agreed by the Parties may be made. Except where otherwise stated in the Order, the Contract Price is exclusive of VAT which shall be payable, if applicable, by the Authority or any Beneficiary in addition to such Contract Price. The invoice provided to the Authority or any Beneficiary by the Contractor in accordance with Clause 6.4 shall show the VAT calculations separately. The Contractor will keep accurate books and records in relation to the provision of the Services in accordance with sound and prudent financial management. All such books and records shall be made available to the Authority at regular intervals of not less than quarterly. In the event of the Authority or any Beneficiary breaching Clause 6.5, the Contractor shall be entitled to charge interest on the outstanding amount owed by the Authority or such Beneficiary in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Subject to Clauses 6.12 and 6.13, the Contract Price shall not be subject to any increase whatsoever by the Contractor during the Contract Period. In the event that the Contract is varied under Clauses 22 or 23 in such a way as to affect the Contract Price and if agreement between the Parties cannot be reached on the adjustment to the Contract Price within 3 months both Parties shall jointly act to resolve the dispute in accordance with Clause 24. If the adjusted Contract Price is not so agreed or certified until after such variation has taken effect, the Authority or any Beneficiary shall continue to pay the Contractor at the rate current prior to the variation but shall pay to the Contractor or be entitled to recover from the Contractor as the case may be such sum if any as is equal to the difference between the amount which should have been paid in accordance with the adjusted Contract Price and the amount which was actually paid. In the event that the Contract ends or is terminated otherwise than at the end of a complete year, the sum payable by the Authority or any Beneficiary under Clause 6 shall be one twelfth of the annual sum which would otherwise have been payable for the complete year for each completed month.
Appears in 6 contracts
Samples: The Provision of Planned Preventative and Reactive Maintenance Northern Region, Contract for the Provision of Services, Contract for the Provision of Services
Contract Price and Payment. 6.1 In consideration of the Contractor's due and proper performance of its obligations under the Contract, the Contractor may charge the Authority or, as the case may be, any Beneficiary the Contract Price in accordance with this Clause 6. .
6.2 The only sums payable by the Authority or any Beneficiary to the Contractor for the provision of the Services shall be the Contract Price. All other costs, charges, fees fees, claims, expenses, claims, royalties, taxes and expenses duties of whatever kind arising out of or in connection with the Contract shall be the responsibility of the Contractor, other than VAT where applicable, unless otherwise agreed in writing, by the Authority. The Contract Price includes payment in full for all facilities and resources required by the Contractor to provide the Services and any facilities or resources needed or used by the Contractor to perform the Services shall be provided by the Contractor without additional costs to the Authority.
6.3 In accordance with the Contract, where the Contractor is required to provide Deliverables, the Authority or any Beneficiary shall without prejudice to its other rights and remedies be entitled to withhold payment of the Contract Price pending receipt and acceptance of the Deliverables in accordance with the Specification. .
6.4 Unless otherwise agreed in writing by the Authority Specification or any Beneficiary and the Contractorelsewhere in writing, within 15 days of following the end of each calendar monthMonth, the Contractor shall invoice the Authority or, as the case may be, any Beneficiary for any Services provided by the Contractor in that calendar monthMonth. Such Each invoice shall be rendered on the Contractor's own invoice form clearly marked with the Authority’s or the Beneficiary's order number (if any). Invoices must show the Purchase Order number, the period to which they relate it relates and the aspects of the Services for which payment is claimed claimed, together with the agreed charging rates and any other details the Authority or the Beneficiary may require. Failure to provide such any of this information will entitle the Authority or the Beneficiary to delay payment of the Contract Price without incurring interest.
6.5 Invoices for the Authority must be sent to the following address: Accounts Payable, NHS Institute of Innovation and Improvement, Xxxxxxxx Xxxxx, Xxxxxxxxxx xx Xxxxxxx Xxxxxx, Xxxxxxxx, XX0 0XX or such other address as may be notified by the Authority in writing from time to time.
6.6 The Contractor shall not send any invoices until a signed Purchase Order has been received from the Authority for such information is provided. Services.
6.7 Subject to Clauses 6.3 5.7 and 6.66.3, the Authority or any Beneficiary shall pay any invoice submitted by the Contractor in accordance with Clause 6.4 within 30 days of receipt by receipt.
6.8 Without prejudice to its other rights and remedies, the Authority or the Beneficiary of such invoice. The Authority or the Beneficiary shall pay such invoice(s) by BACS (Bank Automated Clearing System) if it so chooses or any alternate means as agreed between the Authority or the Beneficiary and the Contractor. The Authority and any Beneficiary shall be entitled to withhold, set-off or deduct from any monies due or to become due to the Contractor any monies owing to the Authority or the Beneficiary from the Contractor. Where the performance of the Contractor does not meet the required standard then a deduction as set out in the Specification or as agreed by the Parties may be made. Except where otherwise stated in the Order, the Contract Price is exclusive of VAT which .
6.9 No price variations shall be payable, if applicable, effective unless and agreed in writing by the Authority or any Beneficiary in addition to such Contract Price. The invoice provided to the Authority or any Beneficiary by the Contractor in accordance with Clause 6.4 shall show the VAT calculations separately. The Contractor will keep accurate books and records in relation to the provision of the Services in accordance with sound and prudent financial management. All such books and records shall be made available to the Authority at regular intervals of not less than quarterly. In the event of the Authority or any Beneficiary breaching Clause 6.5, the Contractor shall be entitled to charge interest on the outstanding amount owed by the Authority or such Beneficiary in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Subject to Clauses 6.12 and 6.13, the Contract Price shall not be subject to any increase whatsoever by the Contractor during the Contract Period. In the event that the Contract is varied under Clauses 22 or 23 in such a way as to affect the Contract Price and if agreement between the Parties cannot be reached on the adjustment to the Contract Price within 3 months both Parties shall jointly act to resolve the dispute in accordance with Clause 24. If the adjusted Contract Price is not so agreed or certified until after such variation has taken effect, the Authority or any Beneficiary shall continue to pay the Contractor at the rate current prior to the variation but shall pay to the Contractor or be entitled to recover from the Contractor as the case may be such sum if any as is equal to the difference between the amount which should have been paid in accordance with the adjusted Contract Price and the amount which was actually paid. In the event that the Contract ends or is terminated otherwise than at the end of a complete year, the sum payable by the Authority or any Beneficiary under Clause 6 shall be one twelfth of the annual sum which would otherwise have been payable for the complete year for each completed monthParties.
Appears in 5 contracts
Samples: Contract for the Provision of Worldwide Business Development Manager, Contract for the Provision of Worldwide Business Development Manager, Contract for the Provision of Interim Service Manager
Contract Price and Payment. 6.1 In consideration of the Contractor's due and proper performance of its obligations under the Contract, the Contractor may charge the Authority or, as the case may be, any Beneficiary the Contract Price in accordance with this Clause 6. .
6.2 The only sums payable by the Authority or any Beneficiary to the Contractor for the provision of the Services shall be the Contract Price. All other costs, charges, fees fees, claims, expenses, claims, royalties, taxes and expenses duties of whatever kind arising out of or in connection with the Contract shall be the responsibility of the Contractor, other than VAT where applicable, unless otherwise agreed in writing, by the Authority. The Contract Price includes payment in full for all facilities and resources required by the Contractor to provide the Services and any facilities or resources needed or used by the Contractor to perform the Services shall be provided by the Contractor without additional costs to the Authority.
6.3 In accordance with the Contract, where the Contractor is required to provide Deliverables, the Authority or any Beneficiary shall without prejudice to its other rights and remedies be entitled to withhold payment of the Contract Price pending receipt and acceptance of the Deliverables in accordance with the Specification. .
6.4 Unless otherwise agreed in writing by the Authority Specification or any Beneficiary and the Contractorelsewhere in writing, within 15 days of following the end of each calendar monthMonth, the Contractor shall invoice the Authority or, as the case may be, any Beneficiary for any Services provided by the Contractor in that calendar monthMonth. Such Each invoice shall be rendered on the Contractor's own invoice form clearly marked with the Authority’s or the Beneficiary's order number (if any). Invoices must show the Purchase Order number, the period to which they relate it relates and the aspects of the Services for which payment is claimed claimed, together with the agreed charging rates and any other details the Authority or the Beneficiary may require. Failure to provide such any of this information will entitle the Authority or the Beneficiary to delay payment of the Contract Price without incurring interest.
6.5 Invoices for the Authority must be sent to the following address: Accounts Payable, NHS Institute of Innovation and Improvement, Coventry House, University of Warwick Campus, Coventry, CV4 7AL or such other address as may be notified by the Authority in writing from time to time.
6.6 The Contractor shall not send any invoices until a signed Purchase Order has been received from the Authority for such information is provided. Services.
6.7 Subject to Clauses 6.3 5.7 and 6.66.3, the Authority or any Beneficiary shall pay any invoice submitted by the Contractor in accordance with Clause 6.4 within 30 days of receipt by receipt.
6.8 Without prejudice to its other rights and remedies, the Authority or the Beneficiary of such invoice. The Authority or the Beneficiary shall pay such invoice(s) by BACS (Bank Automated Clearing System) if it so chooses or any alternate means as agreed between the Authority or the Beneficiary and the Contractor. The Authority and any Beneficiary shall be entitled to withhold, set-off or deduct from any monies due or to become due to the Contractor any monies owing to the Authority or the Beneficiary from the Contractor. Where the performance of the Contractor does not meet the required standard then a deduction as set out in the Specification or as agreed by the Parties may be made. Except where otherwise stated in the Order, the Contract Price is exclusive of VAT which .
6.9 No price variations shall be payable, if applicable, effective unless and agreed in writing by the Authority or any Beneficiary in addition to such Contract Price. The invoice provided to the Authority or any Beneficiary by the Contractor in accordance with Clause 6.4 shall show the VAT calculations separately. The Contractor will keep accurate books and records in relation to the provision of the Services in accordance with sound and prudent financial management. All such books and records shall be made available to the Authority at regular intervals of not less than quarterly. In the event of the Authority or any Beneficiary breaching Clause 6.5, the Contractor shall be entitled to charge interest on the outstanding amount owed by the Authority or such Beneficiary in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Subject to Clauses 6.12 and 6.13, the Contract Price shall not be subject to any increase whatsoever by the Contractor during the Contract Period. In the event that the Contract is varied under Clauses 22 or 23 in such a way as to affect the Contract Price and if agreement between the Parties cannot be reached on the adjustment to the Contract Price within 3 months both Parties shall jointly act to resolve the dispute in accordance with Clause 24. If the adjusted Contract Price is not so agreed or certified until after such variation has taken effect, the Authority or any Beneficiary shall continue to pay the Contractor at the rate current prior to the variation but shall pay to the Contractor or be entitled to recover from the Contractor as the case may be such sum if any as is equal to the difference between the amount which should have been paid in accordance with the adjusted Contract Price and the amount which was actually paid. In the event that the Contract ends or is terminated otherwise than at the end of a complete year, the sum payable by the Authority or any Beneficiary under Clause 6 shall be one twelfth of the annual sum which would otherwise have been payable for the complete year for each completed monthParties.
Appears in 4 contracts
Samples: Contract for the Provision of a Project Director, Contract for the Provision of a Programme Management Consultant for Innovation Products, Contract for the Provision of Interim Business Development Manager
Contract Price and Payment. 6.1 In consideration of the Contractor's due and proper performance of its obligations under the Contract, the Contractor may charge the Authority or, as the case may be, any Beneficiary the Contract Price in accordance with this Clause 6. .
6.2 The only sums payable by the Authority or any Beneficiary to the Contractor for the provision of the Services shall be the Contract Price. All other costs, charges, fees and expenses of whatever kind arising out of or in connection with the Contract shall be the responsibility of the Contractor. .
6.3 In accordance with the Contract, where the Contractor is required to provide Deliverables, the Authority or any Beneficiary shall without prejudice to its other rights and remedies be entitled to withhold payment of the Contract Price pending receipt and acceptance of the Deliverables in accordance with the Specification. .
6.4 Unless otherwise agreed in writing by the Authority or any Beneficiary and the ContractorContractor in the Specification and/or the Purchase Order, within 15 days of following the end of each calendar monthMonth, the Contractor shall invoice the Authority or, as the case may be, any Beneficiary for any Services provided by the Contractor in that calendar monthMonth. Such invoice shall be rendered on the Contractor's own invoice form clearly marked with the Authority’s or the Beneficiary's order Authority‟s Purchase Order number (if any). Invoices must show the period to which they relate and the aspects of the Services for which payment is claimed together with the agreed charging rates and any other details the Authority or the Beneficiary may require. Failure to provide such information will entitle the Authority or the Beneficiary to delay payment of the Contract Price without incurring interest until such information is provided.
6.4.1 Any alternative invoicing arrangements agreed by the Authority and the Contractor will be specified in the Purchase Order, Contract or Specification.
6.5 Invoices for the Authority must be sent to the following address: Accounts Payable, NHS Institute of Innovation and Improvement, Coventry House, University of Warwick Campus, Coventry, CV4 7AL (or such other address as may be notified by the Authority to the Contractor in writing for this purpose from time to time).
6.6 Invoices must state the Purchase Order number. The Authority shall be entitled without incurring interest to return invoices without the appropriate order reference to the Contractor unpaid.
6.7 The Contractor shall not send any invoices until a signed Purchase Order has been received from the Authority.
6.8 Subject to Clauses 5.8, 6.3 and 6.66.9, the Authority or any Beneficiary shall pay any invoice submitted by the Contractor in accordance with Clause 6.4 within 30 days of receipt by the Authority or the Beneficiary of such invoice. The Authority or the Beneficiary shall pay such invoice(s) by BACS (Bank Automated Clearing System) if it so chooses or any alternate means as agreed between the Authority or the Beneficiary and the Contractor. The .
6.9 Without prejudice to its other rights and remedies, the Authority and any Beneficiary shall be entitled to withhold, set-off or deduct from any monies due or to become due to the Contractor any monies owing to the Authority or the Beneficiary from the Contractor. Where .
6.10 Without prejudice to its other rights and remedies, where the performance of the Contractor does not meet the required standard then a deduction as set out in the Specification or as agreed by the Parties under Clause 5.8 or otherwise may be made. .
6.11 Except where otherwise stated in the Purchase Order, the Contract Price is exclusive of VAT which shall be payable, if applicable, by the Authority or any Beneficiary in addition to such Contract Price. The invoice provided to the Authority or any Beneficiary by the Contractor in accordance with Clause 6.4 shall show the VAT calculations separately. .
6.12 The Contractor will keep accurate accurate, coherent and reasonably detailed books and records in relation to the provision of the Services in accordance with sound and prudent financial managementmanagement standards. All such books and records shall be made available to the Authority at regular intervals of not less than quarterly. quarterly and at any other time upon reasonable notice upon any request from the Authority.
6.13 In the event of the Authority or any Beneficiary breaching Clause 6.56.8, subject to the other provisions of this clause 6, the Contractor shall be entitled to charge interest on the outstanding amount owed by the Authority or such Beneficiary in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Subject to Clauses 6.12 1998 from the relevant date that payment becomes due until payment is made.
6.14 Unless otherwise agreed by the Authority and 6.13Contractor, the Contract Price shall remain fixed for no less than the Initial Contract Period or 12 months, whichever is greater. Price changes shall not be implemented following the expiry of such Initial Contract Period or such 12 months unless and until agreed in writing by both Parties. Notwithstanding the foregoing, where the Contract Price is agreed under a Framework Agreement it shall remain fixed for the whole period of the Framework Agreement unless otherwise agreed.
6.15 If the Contract is extended beyond the Initial Contract Period or, if the Initial Contract Period is less than 12 months, but the Contract is still continuing 12 months following the Commencement Date), either Party may upon the expiry of the Initial Contract Period or the 12 month period (as applicable) apply for a price change by giving no less than 1 months notice in writing of such proposed Contract Price change to the other Party. Applications for price changes submitted at any other times will not be considered.
6.16 All such applications for price changes are subject to negotiation with the Authority and must be supported by appropriate documented evidence and must be in accordance, with the presiding Retail Price Index (excluding mortgages (“RPIx”) (or such index as the Authority determines to be the most comparable to it). For the avoidance of doubt, the Contract Price may be increased or decreased depending on the percentage change of the RPIx.
6.17 Following any increase whatsoever price change accepted by the Parties the subsequent Contract Price will remain firm for the period agreed between the Contractor during and the Authority from the date that the revised price is operative. If no such period is expressly agreed in writing this period shall be no less than 12 months. Only following written agreement from the Authority shall any price changes be instigated
6.18 If the Parties fail to agree a price change following a request by either Party in accordance with Clause 6.15 then the existing Contract PeriodPrice shall continue to apply while the Parties refer the matter to the Dispute Resolution Procedure in accordance with Clause 24.
6.19 If a price change has not been requested and accepted pursuant to Clauses 6.15 – 6.17 above, the last officially accepted price shall be deemed to have been fixed for the period to date. Any subsequent review will be based upon this price in accordance with the aforementioned Clauses. Under no circumstance will missed opportunities for cumulative price reviews be considered in the negotiation process.
6.20 In the event that the Contract is varied under Clauses 22 or 23 in such a way as to affect the Contract Price and if agreement between the Parties cannot be reached on the adjustment to the Contract Price within 3 months both the Parties shall jointly act to resolve refer the dispute to the Dispute Resolution Procedure in accordance with Clause 24. .
6.21 If the adjusted Contract Price is not so agreed or certified until after such variation has taken effect, the Authority or any Beneficiary shall continue to pay the Contractor at the rate current prior to the variation but shall pay to the Contractor or be entitled to recover from the Contractor as the case may be such sum if any as is equal to the difference between the amount which should have been paid in accordance with the adjusted Contract Price and the amount which was actually paid. .
6.22 In the event that the Contract ends or is terminated early or ends otherwise than at the end of a complete year, subject to staged or milestone payments or alternative arrangements having been agreed in the Specification, the sum payable by the Authority or any Beneficiary under Clause 6 shall be one twelfth of the annual sum which would otherwise have been payable for the complete year for each completed month.
Appears in 3 contracts
Samples: Contract for the Provision of Educational Inputs to the NHS Graduate Management Training Scheme, Contract for the Provision of Educational Inputs to the NHS Graduate Management Training Scheme, Contract for the Provision of Educational Inputs to the NHS Graduate Management Training Scheme
Contract Price and Payment. In consideration of the Contractor's due and proper performance of its obligations under the Contract, the Contractor may charge the Authority or, as the case may be, any Beneficiary the Contract Price in accordance with this Clause 6. The only sums payable by the Authority or any Beneficiary to the Contractor for the provision of the Services shall be the Contract Price. All other costs, charges, fees and expenses of whatever kind arising out of or in connection with the Contract shall be the responsibility of the Contractor. In accordance with the Contract, where the Contractor is required to provide Deliverables, the Authority or any Beneficiary shall be entitled to withhold payment of the Contract Price pending receipt and acceptance of the Deliverables in accordance with the Specification. Unless otherwise agreed in writing by the Authority or any Beneficiary and the Contractor, within 15 days of the end of each calendar month, the Contractor shall invoice the Authority or, as the case may be, any Beneficiary for any Services provided by the Contractor in that calendar month. Such invoice shall be rendered on the Contractor's own invoice form clearly marked with the Authority’s or the Beneficiary's order number (if any). Invoices must show the period to which they relate and the aspects of the Services for which payment is claimed together with the agreed charging rates and any other details the Authority or the Beneficiary may require. Failure to provide such information will entitle the Authority or the Beneficiary to delay payment of the Contract Price until such information is provided. Subject to Clauses 6.3 and 6.6, the Authority or any Beneficiary shall pay any invoice submitted by the Contractor in accordance with Clause 6.4 within 30 days of receipt by the Authority or the Beneficiary of such invoice. The Authority or the Beneficiary shall pay such invoice(s) by BACS (Bank Automated Clearing System) if it so chooses or any alternate means as agreed between the Authority or the Beneficiary and the Contractor. The Authority and any Beneficiary shall be entitled to deduct from any monies due or to become due to the Contractor any monies owing to the Authority or the Beneficiary from the Contractor. Where the performance of the Contractor does not meet the required standard then a deduction as set out in the Specification or as agreed by the Parties may be made. Except where otherwise stated in the Order, the Contract Price is exclusive of VAT which shall be payable, if applicable, by the Authority or any Beneficiary in addition to such Contract Price. The invoice provided to the Authority or any Beneficiary by the Contractor in accordance with Clause 6.4 shall show the VAT calculations separately. The Contractor will keep accurate books and records in relation to the provision of the Services in accordance with sound and prudent financial management. All such books and records shall be made available to the Authority at regular intervals of not less than quarterly. In the event of the Authority or any Beneficiary breaching Clause 6.5, the Contractor shall be entitled to charge interest on the outstanding amount owed by the Authority or such Beneficiary in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Subject to Clauses 6.12 6.11 and 6.136.12, the Contract Price shall not be subject to any increase whatsoever by the Contractor during the Contract Period. In the event that the Contract is varied under Clauses 22 or 23 in such a way as to affect the Contract Price and if agreement between the Parties cannot be reached on the adjustment to the Contract Price within 3 months both Parties shall jointly act to resolve the dispute in accordance with Clause 24. If the adjusted Contract Price is not so agreed or certified until after such variation has taken effect, the Authority or any Beneficiary shall continue to pay the Contractor at the rate current prior to the variation but shall pay to the Contractor or be entitled to recover from the Contractor as the case may be such sum if any as is equal to the difference between the amount which should have been paid in accordance with the adjusted Contract Price and the amount which was actually paid. In the event that the Contract ends or is terminated otherwise than at the end of a complete year, the sum payable by the Authority or any Beneficiary under Clause 6 shall be one twelfth of the annual sum which would otherwise have been payable for the complete year for each completed month.
Appears in 3 contracts
Samples: Storage and Warehousing Service Contract, Contract for the Provision of Services, Contract for the Provision of Services
Contract Price and Payment. In consideration of the Contractor's due and proper performance of its obligations under the Contract, the Contractor may charge the Authority or, as the case may be, any Beneficiary the Contract Price in accordance with this Clause 6. The only sums payable by the Authority or any Beneficiary to the Contractor for the provision of the Services shall be the Contract Price. All other costs, charges, fees fees, claims, expenses, claims, royalties, taxes and expenses duties of whatever kind arising out of or in connection with the Contract shall be the responsibility of the Contractor, other than VAT where applicable, unless otherwise agreed in writing, by the Authority. The Contract Price includes payment in full for all facilities and resources required by the Contractor to provide the Services and any facilities or resources needed or used by the Contractor to perform the Services shall be provided by the Contractor without additional costs to the Authority. In accordance with the Contract, where the Contractor is required to provide Deliverables, the Authority or any Beneficiary shall without prejudice to its other rights and remedies be entitled to withhold payment of the Contract Price pending receipt and acceptance of the Deliverables in accordance with the Specification. Unless otherwise agreed in writing by the Authority Specification or any Beneficiary and the Contractorelsewhere in writing, within 15 days of following the end of each calendar monthMonth, the Contractor shall invoice the Authority or, as the case may be, any Beneficiary for any Services provided by the Contractor in that calendar monthMonth. Such Each invoice shall be rendered on the Contractor's own invoice form clearly marked with the Authority’s or the Beneficiary's order number (if any). Invoices must show the Purchase Order number, the period to which they relate it relates and the aspects of the Services for which payment is claimed claimed, together with the agreed charging rates and any other details the Authority or the Beneficiary may require. Failure to provide such any of this information will entitle the Authority or the Beneficiary to delay payment of the Contract Price without incurring interest. Invoices for the Authority must be sent to the following address: Accounts Payable, NHS Institute of Innovation and Improvement, Coventry House, University of Warwick Campus, Coventry, CV4 7AL or such other address as may be notified by the Authority in writing from time to time. The Contractor shall not send any invoices until a signed Purchase Order has been received from the Authority for such information is providedServices. Subject to Clauses 6.3 0 and 6.60, the Authority or any Beneficiary shall pay any invoice submitted by the Contractor in accordance with Clause 6.4 0 within 30 days of receipt by receipt. Without prejudice to its other rights and remedies, the Authority or the Beneficiary of such invoice. The Authority or the Beneficiary shall pay such invoice(s) by BACS (Bank Automated Clearing System) if it so chooses or any alternate means as agreed between the Authority or the Beneficiary and the Contractor. The Authority and any Beneficiary shall be entitled to withhold, set-off or deduct from any monies due or to become due to the Contractor any monies owing to the Authority or the Beneficiary from the Contractor. Where the performance of the Contractor does not meet the required standard then a deduction as set out in the Specification or as agreed by the Parties may be made. Except where otherwise stated in the Order, the Contract Price is exclusive of VAT which No price variations shall be payable, if applicable, effective unless and agreed in writing by the Authority or any Beneficiary in addition to such Contract Price. The invoice provided to the Authority or any Beneficiary by the Contractor in accordance with Clause 6.4 shall show the VAT calculations separately. The Contractor will keep accurate books and records in relation to the provision of the Services in accordance with sound and prudent financial management. All such books and records shall be made available to the Authority at regular intervals of not less than quarterly. In the event of the Authority or any Beneficiary breaching Clause 6.5, the Contractor shall be entitled to charge interest on the outstanding amount owed by the Authority or such Beneficiary in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Subject to Clauses 6.12 and 6.13, the Contract Price shall not be subject to any increase whatsoever by the Contractor during the Contract Period. In the event that the Contract is varied under Clauses 22 or 23 in such a way as to affect the Contract Price and if agreement between the Parties cannot be reached on the adjustment to the Contract Price within 3 months both Parties shall jointly act to resolve the dispute in accordance with Clause 24. If the adjusted Contract Price is not so agreed or certified until after such variation has taken effect, the Authority or any Beneficiary shall continue to pay the Contractor at the rate current prior to the variation but shall pay to the Contractor or be entitled to recover from the Contractor as the case may be such sum if any as is equal to the difference between the amount which should have been paid in accordance with the adjusted Contract Price and the amount which was actually paid. In the event that the Contract ends or is terminated otherwise than at the end of a complete year, the sum payable by the Authority or any Beneficiary under Clause 6 shall be one twelfth of the annual sum which would otherwise have been payable for the complete year for each completed monthParties.
Appears in 1 contract
Samples: Contract for the Provision of Interim Business Development Manager
Contract Price and Payment. 6.1 In consideration of the Contractor's due and proper performance of its obligations under the Contract, the Contractor may charge the Authority or, as the case may be, any Beneficiary the Contract Price in accordance with this Clause 6. .
6.2 The only sums payable by the Authority or any Beneficiary to the Contractor for the provision of the Services shall be the Contract Price. All other costs, charges, fees and expenses of whatever kind arising out of or in connection with the Contract shall be the responsibility of the Contractor. .
6.3 In accordance with the Contract, where the Contractor is required to provide Deliverables, the Authority or any Beneficiary shall without prejudice to its other rights and remedies be entitled to withhold payment of the Contract Price pending receipt and acceptance of the Deliverables in accordance with the Specification. .
6.4 Unless otherwise agreed in writing by the Authority or any Beneficiary and the ContractorContractor in the Specification and/or the Purchase Order, within 15 days of following the end of each calendar monthMonth, the Contractor shall invoice the Authority or, as the case may be, any Beneficiary for any Services provided by the Contractor in that calendar monthMonth. Such invoice shall be rendered on the Contractor's own invoice form clearly marked with the Authority’s or the Beneficiary's order Authority‟s Purchase Order number (if any). Invoices must show the period to which they relate and the aspects of the Services for which payment is claimed together with the agreed charging rates and any other details the Authority or the Beneficiary may require. Failure to provide such information will entitle the Authority or the Beneficiary to delay payment of the Contract Price without incurring interest until such information is provided.
6.4.1 Any alternative invoicing arrangements agreed by the Authority and the Contractor will be specified in the Purchase Order, Contract or Specification.
6.5 Invoices for the Authority must be sent to the following address: Accounts Payable, NHS Institute of Innovation and Improvement, Coventry House, University of Warwick Campus, Coventry, CV4 7AL (or such other address as may be notified by the Authority to the Contractor in writing for this purpose from time to time).
6.6 Invoices must state the Purchase Order number. The Authority shall be entitled without incurring interest to return invoices without the appropriate order reference to the Contractor unpaid.
6.7 The Contractor shall not send any invoices until a signed Purchase Order has been received from the Authority. The Contractor shall not be required to provide the Services unless it receives a signed Purchase Order requesting such provision.
6.8 Subject to Clauses 5.8, 6.3 and 6.66.9, the Authority or any Beneficiary shall pay any invoice submitted by the Contractor in accordance with Clause 6.4 within 30 days of receipt by the Authority or the Beneficiary of such invoice. The Authority or the Beneficiary shall pay such invoice(s) by BACS (Bank Automated Clearing System) if it so chooses or any alternate means as agreed between the Authority or the Beneficiary and the Contractor. The .
6.9 Without prejudice to its other rights and remedies, the Authority and any Beneficiary shall be entitled to withhold, set-off or deduct from any monies due or to become due to the Contractor any monies owing to the Authority or the Beneficiary from the Contractor. Where .
6.10 Without prejudice to its other rights and remedies, where the performance of the Contractor does not meet the required standard then a deduction as set out in the Specification or as agreed by the Parties under Clause 5.8 or otherwise agreed by the Parties may be made. .
6.11 Except where otherwise stated in the OrderPurchase Order and accepted by the Contractor, the Contract Price is exclusive of VAT which shall be payable, if applicable, by the Authority or any Beneficiary in addition to such Contract Price. The invoice provided to the Authority or any Beneficiary by the Contractor in accordance with Clause 6.4 shall show the VAT calculations separately. .
6.12 The Contractor will keep accurate accurate, coherent and reasonably detailed books and records in relation to the provision of the Services in accordance with sound and prudent financial managementmanagement standards. All such books and records shall be made available to the Authority at regular intervals of not less than quarterly. quarterly and at any other time upon reasonable notice upon any request from the Authority.
6.13 In the event of the Authority or any Beneficiary breaching Clause 6.56.8, subject to the other provisions of this clause 6, the Contractor shall be entitled to charge interest on the outstanding amount owed by the Authority or such Beneficiary in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Subject to Clauses 6.12 1998 from the relevant date that payment becomes due until payment is made.
6.14 Unless otherwise agreed by the Authority and 6.13Contractor, the Contract Price shall remain fixed for no less than the Initial Contract Period or 12 months, whichever is greater. Price changes shall not be implemented following the expiry of such Initial Contract Period or such 12 months unless and until agreed in writing by both Parties. Notwithstanding the foregoing, where the Contract Price is agreed under a Framework Agreement it shall remain fixed for the whole period of the Framework Agreement unless otherwise agreed.
6.15 If the Contract is extended beyond the Initial Contract Period or, if the Initial Contract Period is less than 12 months, but the Contract is still continuing 12 months following the Commencement Date), either Party may upon the expiry of the Initial Contract Period or the 12 month period (as applicable) apply for a price change by giving no less than 1 months notice in writing of such proposed Contract Price change to the other Party. Applications for price changes submitted at any other times will not be considered.
6.16 All such applications for price changes are subject to negotiation with the Authority and must be supported by appropriate documented evidence and must be in accordance with the presiding Retail Price Index (excluding mortgages (“RPIx”) (or such index as the Authority determines to be the most comparable to it). For the avoidance of doubt, the Contract Price may be increased or decreased depending on the percentage change of the RPIx.
6.17 Following any increase whatsoever price change accepted by the Parties the subsequent Contract Price will remain firm for the period agreed between the Contractor during and the Authority from the date that the revised price is operative. If no such period is expressly agreed in writing this period shall be no less than 12 months. Only following written agreement from the Authority shall any price changes be instigated
6.18 If the Parties fail to agree a price change following a request by either Party in accordance with Clause 6.15 then the existing Contract PeriodPrice shall continue to apply while the Parties refer the matter to the Dispute Resolution Procedure in accordance with Clause 24.
6.19 If a price change has not been requested and accepted pursuant to Clauses 6.15 – 6.17 above, the last officially accepted price shall be deemed to have been fixed for the period to date. Any subsequent review will be based upon this price in accordance with the aforementioned Clauses. Under no circumstance will missed opportunities for cumulative price reviews be considered in the negotiation process.
6.20 In the event that the Contract is varied under Clauses 22 or 23 in such a way as to affect the Contract Price and if agreement between the Parties cannot be reached on the adjustment to the Contract Price within 3 months both the Parties shall jointly act to resolve refer the dispute to the Dispute Resolution Procedure in accordance with Clause 24. .
6.21 If the adjusted Contract Price is not so agreed or certified until after such variation has taken effect, the Authority or any Beneficiary shall continue to pay the Contractor at the rate current prior to the variation but shall pay to the Contractor or be entitled to recover from the Contractor as the case may be such sum if any as is equal to the difference between the amount which should have been paid in accordance with the adjusted Contract Price and the amount which was actually paid. .
6.22 In the event that the Contract ends or is terminated early or ends otherwise than at the end of a complete year, subject to staged or milestone payments or alternative arrangements having been agreed in the Specification, the sum payable by the Authority or any Beneficiary under Clause 6 shall be one twelfth of the annual sum which would otherwise have been payable for the complete year for each completed month.
Appears in 1 contract
Samples: Contract for the Provision of Educational Inputs to the NHS Graduate Management Training Scheme
Contract Price and Payment. 6.1 In consideration of the Contractor's due and proper performance of its obligations under the Contract, the Contractor may charge the Authority or, as the case may be, any Beneficiary the Contract Price in accordance with this Clause 6. .
6.2 The only sums payable by the Authority or any Beneficiary to the Contractor for the provision of the Services shall be the Contract Price. All other costs, charges, fees and expenses of whatever kind arising out of or in connection with the Contract shall be the responsibility of the Contractor. .
6.3 In accordance with the Contract, where the Contractor is required to provide Deliverables, the Authority or any Beneficiary shall without prejudice to its other rights and remedies be entitled to withhold payment of the Contract Price pending receipt and acceptance of the Deliverables in accordance with the Specification. .
6.4 Unless otherwise agreed in writing by the Authority or any Beneficiary and the ContractorContractor in the Specification and/or the Purchase Order, within 15 days of following the end of each calendar monthMonth, the Contractor shall invoice the Authority or, as the case may be, any Beneficiary for any Services provided by the Contractor in that calendar monthMonth. Such invoice shall be rendered on the Contractor's own invoice form clearly marked with the Authority’s or the Beneficiary's order Purchase Order number (if any). Invoices must show the period to which they relate and the aspects of the Services for which payment is claimed together with the agreed charging rates and any other details the Authority or the Beneficiary may require. Failure to provide such information will entitle the Authority or the Beneficiary to delay payment of the Contract Price without incurring interest until such information is provided.
6.4.1 Any alternative invoicing arrangements agreed by the Authority and the Contractor will be specified in the Purchase Order, Contract or Specification.
6.5 Invoices for the Authority must be sent to the following address: Accounts Payable, NHS Institute of Innovation and Improvement, Coventry House, University of Xxxxxxx Xxxxxx, Xxxxxxxx, XX0 0XX (or such other address as may be notified by the Authority to the Contractor in writing for this purpose from time to time).
6.6 Invoices must state the Purchase Order number. The Authority shall be entitled without incurring interest to return invoices without the appropriate order reference to the Contractor unpaid.
6.7 The Contractor shall not send any invoices until a signed Purchase Order has been received from the Authority.
6.8 Subject to Clauses 5.8, 6.3 and 6.66.9, the Authority or any Beneficiary shall pay any invoice submitted by the Contractor in accordance with Clause 6.4 within 30 days of receipt by the Authority or the Beneficiary of such invoice. The Authority or the Beneficiary shall pay such invoice(s) by BACS (Bank Automated Clearing System) if it so chooses or any alternate means as agreed between the Authority or the Beneficiary and the Contractor. The .
6.9 Without prejudice to its other rights and remedies, the Authority and any Beneficiary shall be entitled to withhold, set-off or deduct from any monies due or to become due to the Contractor any monies owing to the Authority or the Beneficiary from the Contractor. Where .
6.10 Without prejudice to its other rights and remedies, where the performance of the Contractor does not meet the required standard then a deduction as set out in the Specification or as agreed by the Parties under Clause 5.8 or otherwise may be made. .
6.11 Except where otherwise stated in the Purchase Order, the Contract Price is exclusive of VAT which shall be payable, if applicable, by the Authority or any Beneficiary in addition to such Contract Price. The invoice provided to the Authority or any Beneficiary by the Contractor in accordance with Clause 6.4 shall show the VAT calculations separately. .
6.12 The Contractor will keep accurate accurate, coherent and reasonably detailed books and records in relation to the provision of the Services in accordance with sound and prudent financial managementmanagement standards. All such books and records shall be made available to the Authority at regular intervals of not less than quarterly. quarterly and at any other time upon reasonable notice upon any request from the Authority.
6.13 In the event of the Authority or any Beneficiary breaching Clause 6.56.8, subject to the other provisions of this clause 6, the Contractor shall be entitled to charge interest on the outstanding amount owed by the Authority or such Beneficiary in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Subject to Clauses 6.12 1998 from the relevant date that payment becomes due until payment is made.
6.14 Unless otherwise agreed by the Authority and 6.13Contractor, the Contract Price shall remain fixed for no less than the Initial Contract Period or 12 months, whichever is greater. Price changes shall not be implemented following the expiry of such Initial Contract Period or such 12 months unless and until agreed in writing by both Parties. Notwithstanding the foregoing, where the Contract Price is agreed under a Framework Agreement it shall remain fixed for the whole period of the Framework Agreement unless otherwise agreed.
6.15 If the Contract is extended beyond the Initial Contract Period or, if the Initial Contract Period is less than 12 months, but the Contract is still continuing 12 months following the Commencement Date), either Party may upon the expiry of the Initial Contract Period or the 12 month period (as applicable) apply for a price change by giving no less than 1 months notice in writing of such proposed Contract Price change to the other Party. Applications for price changes submitted at any other times will not be considered.
6.16 All such applications for price changes are subject to negotiation with the Authority and must be supported by appropriate documented evidence and must be in accordance, with the presiding Retail Price Index (excluding mortgages (“RPIx”) (or such index as the Authority determines to be the most comparable to it). For the avoidance of doubt, the Contract Price may be increased or decreased depending on the percentage change of the RPIx.
6.17 Following any increase whatsoever price change accepted by the Parties the subsequent Contract Price will remain firm for the period agreed between the Contractor during and the Authority from the date that the revised price is operative. If no such period is expressly agreed in writing this period shall be no less than 12 months. Only following written agreement from the Authority shall any price changes be instigated
6.18 If the Parties fail to agree a price change following a request by either Party in accordance with Clause 6.15 then the existing Contract PeriodPrice shall continue to apply while the Parties refer the matter to the Dispute Resolution Procedure in accordance with Clause 24.
6.19 If a price change has not been requested and accepted pursuant to Clauses 6.15 – 6.17 above, the last officially accepted price shall be deemed to have been fixed for the period to date. Any subsequent review will be based upon this price in accordance with the aforementioned Clauses. Under no circumstance will missed opportunities for cumulative price reviews be considered in the negotiation process.
6.20 In the event that the Contract is varied under Clauses 22 or 23 in such a way as to affect the Contract Price and if agreement between the Parties cannot be reached on the adjustment to the Contract Price within 3 months both the Parties shall jointly act to resolve refer the dispute to the Dispute Resolution Procedure in accordance with Clause 24. .
6.21 If the adjusted Contract Price is not so agreed or certified until after such variation has taken effect, the Authority or any Beneficiary shall continue to pay the Contractor at the rate current prior to the variation but shall pay to the Contractor or be entitled to recover from the Contractor as the case may be such sum if any as is equal to the difference between the amount which should have been paid in accordance with the adjusted Contract Price and the amount which was actually paid. .
6.22 In the event that the Contract ends or is terminated early or ends otherwise than at the end of a complete year, subject to staged or milestone payments or alternative arrangements having been agreed in the Specification, the sum payable by the Authority or any Beneficiary under Clause 6 shall be one twelfth of the annual sum which would otherwise have been payable for the complete year for each completed month.
Appears in 1 contract
Samples: Contract for the Provision of Educational Inputs to the NHS Graduate Management Training Scheme
Contract Price and Payment. 6.1 In consideration of the Contractor's due and proper performance of its obligations under the Contract, the Contractor may charge the Authority or, as the case may be, any Beneficiary the Contract Price in accordance with this Clause 6. .
6.2 The only sums payable by the Authority or any Beneficiary to the Contractor for the provision of the Services shall be the Contract Price. All other costs, charges, fees and expenses of whatever kind arising out of or in connection with the Contract shall be the responsibility of the Contractor. .
6.3 In accordance with the Contract, where the Contractor is required to provide Deliverables, the Authority or any Beneficiary shall without prejudice to its other rights and remedies be entitled to withhold payment of the Contract Price pending receipt and acceptance of the Deliverables in accordance with the Specification. .
6.4 Unless otherwise agreed in writing by the Authority or any Beneficiary and the ContractorContractor in the Specification and/or the Purchase Order, within 15 days of following the end of each calendar monthMonth, the Contractor shall invoice the Authority or, as the case may be, any Beneficiary for any Services provided by the Contractor in that calendar monthMonth. Such invoice shall be rendered on the Contractor's own invoice form clearly marked with the Authority’s or the Beneficiary's order Purchase Order number (if any). Invoices must show the period to which they relate and the aspects of the Services for which payment is claimed together with the agreed charging rates and any other details the Authority or the Beneficiary may require. Failure to provide such information will entitle the Authority or the Beneficiary to delay payment of the Contract Price without incurring interest until such information is provided.
6.4.1 Any alternative invoicing arrangements agreed by the Authority and the Contractor will be specified in the Purchase Order, Contract or Specification.
6.5 Invoices for the Authority must be sent to the following address: Accounts Payable, NHS Institute of Innovation and Improvement, Coventry House, University of Xxxxxxx Xxxxxx, Xxxxxxxx, XX0 0XX (or such other address as may be notified by the Authority to the Contractor in writing for this purpose from time to time).
6.6 Invoices must state the Purchase Order number. The Authority shall be entitled without incurring interest to return invoices without the appropriate order reference to the Contractor unpaid.
6.7 The Contractor shall not send any invoices until a signed Purchase Order has been received from the Authority.
6.8 Subject to Clauses 5.8, 6.3 and 6.66.9, the Authority or any Beneficiary shall pay any invoice submitted by the Contractor in accordance with Clause 6.4 within 30 days of receipt by the Authority or the Beneficiary of such invoice. The Authority or the Beneficiary shall pay such invoice(s) by BACS (Bank Automated Clearing System) if it so chooses or any alternate means as agreed between the Authority or the Beneficiary and the Contractor. The .
6.9 Without prejudice to its other rights and remedies, the Authority and any Beneficiary shall be entitled to withhold, set-off or deduct from any monies due or to become due to the Contractor any monies owing to the Authority or the Beneficiary from the Contractor. Where .
6.10 Without prejudice to its other rights and remedies, where the performance of the Contractor does not meet the required standard then a deduction as set out in the Specification or as agreed by the Parties under Clause 5.8 or otherwise may be made. .
6.11 Except where otherwise stated in the Purchase Order, the Contract Price is exclusive of VAT which shall be payable, if applicable, by the Authority or any Beneficiary in addition to such Contract Price. The invoice provided to the Authority or any Beneficiary by the Contractor in accordance with Clause 6.4 shall show the VAT calculations separately. .
6.12 The Contractor will keep accurate accurate, coherent and reasonably detailed books and records in relation to the provision of the Services in accordance with sound and prudent financial managementmanagement standards. All such books and records shall be made available to the Authority at regular intervals of not less than quarterly. quarterly and at any other time upon reasonable notice upon any request from the Authority.
6.13 In the event of the Authority or any Beneficiary breaching Clause 6.56.8, subject to the other provisions of this clause 6, the Contractor shall be entitled to charge interest on the outstanding amount owed by the Authority or such Beneficiary in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Subject to Clauses 6.12 1998 from the relevant date that payment becomes due until payment is made.
6.14 Unless otherwise agreed by the Authority and 6.13Contractor, the Contract Price shall remain fixed for no less than the Initial Contract Period or 12 months, whichever is greater. Price changes shall not be subject to any increase whatsoever implemented following the expiry of such Initial Contract Period or such 12 months unless and until agreed in writing by both Parties. Notwithstanding the Contractor during foregoing, where the Contract Period. In Price is agreed under a Framework Agreement it shall remain fixed for the event that whole period of the Framework Agreement unless otherwise agreed.
6.15 If the Contract is varied under Clauses 22 extended beyond the Initial Contract Period or, if the Initial Contract Period is less than 12 months, but the Contract is still continuing 12 months following the Commencement Date), either Party may upon the expiry of the Initial Contract Period or 23 the 12 month period (as applicable) apply for a price change by giving no less than 1 months notice in writing of such a way proposed Contract Price change to the other Party. Applications for price changes submitted at any other times will not be considered.
6.16 All such applications for price changes are subject to negotiation with the Authority and must be supported by appropriate documented evidence and must be in accordance, with the presiding Retail Price Index (excluding mortgages (“RPIx”) (or such index as the Authority determines to affect be the most comparable to it). For the avoidance of doubt, the Contract Price and if agreement may be increased or decreased depending on the percentage change of the RPIx.
6.17 Following any price change accepted by the Parties the subsequent Contract Price will remain firm for the period agreed between the Contractor and the Authority from the date that the revised price is operative. If no such period is expressly agreed in writing this period shall be no less than 12 months. Only following written agreement from the Authority shall any price changes be instigated
6.18 If the Parties cannot be reached on fail to agree a price change following a request by either Party in accordance with Clause 6.15 then the adjustment existing Contract Price shall continue to apply while the Parties refer the matter to the Contract Price within 3 months both Parties shall jointly act to resolve the dispute Dispute Resolution Procedure in accordance with Clause 24. .
6.19 If the adjusted Contract Price is a price change has not so agreed or certified until after such variation has taken effect, the Authority or any Beneficiary shall continue been requested and accepted pursuant to pay the Contractor at the rate current prior to the variation but shall pay to the Contractor or be entitled to recover from the Contractor as the case may be such sum if any as is equal to the difference between the amount which should have been paid in accordance with the adjusted Contract Price and the amount which was actually paid. In the event that the Contract ends or is terminated otherwise than at the end of a complete year, the sum payable by the Authority or any Beneficiary under Clause 6 shall be one twelfth of the annual sum which would otherwise have been payable for the complete year for each completed month.Clauses 6.15 –
Appears in 1 contract
