Credit and Payment. 5.1 At Seller’s request, Xxxxx shall submit financial performance data of Buyer and its guarantors and, prior to any assignment or novation, of any proposed assignees or novatees of Buyer. Xxxxx agrees to dialogue with Xxxxxx in sufficient detail as is necessary for Seller to form a clear judgment on the financial health of Xxxxx, its guarantors and any proposed assignee or novatee.
5.2 If Buyer’s ability to pay is or may be impaired or should Buyer fail to promptly provide requested data or dialogue with Seller or the creditworthiness or financial capability of Buyer (or its guarantors or other providers of security where applicable) becomes unsatisfactory in the judgment of Seller (including but not limited to as a result of Change of Control), Buyer shall upon Seller’s request provide advance cash payments or security for payment in the form requested by and satisfactory to Seller at Buyer’s expense. Such security shall not constitute a change to the payment terms of this Contract and implementation of any requested security shall be a pre-condition to any assignment or novation by Buyer. If Buyer is unable or unwilling to implement the security requirements within 5 (five) days of written request of Seller, Seller may at its discretion postpone or withhold supply of Product or terminate this Contract with immediate effect without prejudice to its other rights and remedies.
5.3 Buyer shall pay each invoice when due in accordance with the prices and terms thereof. All payments shall be net of bank charges and without deduction, withholding or setoff. Where the last day for Buyer’s payment falls on any day which is not a banking day in the place designated by Seller for payment, then any such payment shall be made on the nearest preceding banking day. Any late payment shall bear simple interest of 0.05% per day from the due date until the date of receipt of payment, but such rate shall be capped at the maximum rate allowed by the law governing this Contract.
5.4 If Buyer fails to pay any indebtedness to Seller in accordance with the terms for such indebtedness (whether or not under this Contract), Seller may, in addition to any other remedies, upon written notice to Buyer, immediately postpone or withhold the supply of Product, withhold any discounts, rebate, credit and/or price allowance (notwithstanding any other provision of this Contract), change payment terms and/or terminate this Contract. Buyer shall reimburse Seller for all costs and expenses rela...
Credit and Payment. LiveWorld shall have the sole right of credit approval or credit refusal for clients in all cases. LiveWorld shall render all invoices directly to the clients. Payments shall be made directly to LiveWorld. Notwithstanding the foregoing, if requested by LiveWorld, Representative shall provide LiveWorld with reasonable assistance with the collection of client accounts.
Credit and Payment. At Seller’s request, Xxxxx shall submit financial performance data of Buyer and its guarantors and, prior to any assignment or novation, of any proposed assignees or novatees of Buyer. Xxxxx agrees to dialogue with Xxxxxx in sufficient detail as is necessary for Seller to form a clear judgment on the financial health of Xxxxx, its guarantors and any proposed assignee or novatee. If Buyer’s ability to pay is or may be impaired or should Buyer fail to promptly provide requested data or dialogue with Seller or the creditworthiness or financial capability of Buyer (or its guarantors or other providers of security where applicable) becomes unsatisfactory in the judgment of Seller (including but not limited to as a result of Change of Control), Buyer shall upon Seller’s request provide advance cash payments or security for payment in the form requested by and satisfactory to Seller at Buyer’s expense. Such security shall not constitute a change to the payment terms of this Contract and implementation of any requested security shall be a pre-condition to any assignment or novation by Buyer. If Buyer is unable or unwilling to implement the security requirements within 5 (five) days of written request of Seller, Seller may at its option postpone or withhold supply of Product or terminate this Contract with immediate effect without prejudice to its other rights and remedies. If payment is to be made by letter of credit (“L/C”) and unless otherwise specified in the Contract or invoice, Buyer shall immediately establish a confirmed, irrevocable, without recourse and unrestricted L/C through a price bank satisfactory to Seller, which letter shall be satisfactory to Seller in form and substance. The L/C shall refer to this Contract by its number, be available for Seller’s draft or drafts at sight and authorize reimbursement to Seller for such sums if any as may be advanced by Seller for customs invoices, inspection fees and other expenditures made by Seller for the account of Buyer. The L/C shall also provide for partial availments against partial deliveries and shall be maintained for a period of not less than thirty (30) days after the latest date allowed for the shipment. Unless confirmed by a final court ruling or expressly acknowledged by Xxxxxx, payment may not be withheld by Xxxxx with respect to any disputed counterclaim against Seller and Xxxxx’s right to set off shall be excluded. Delivery shall be subject to quantitative variation to the extent customarily re...
Credit and Payment. 4.1 The terms of payment shall be ++ from date of invoice. NOKIA shall invoice BRIGHTPOINT for the Products at the time of shipment. Notwithstanding the foregoing, BRIGHTPOINT may elect to ++ .
4.2 NOKIA shall initially set a credit limit for BRIGHTPOINT in an amount equal to the maximum amount of credit insurance NOKIA can obtain using the same insurer (and paying no greater premiums) as NOKIA utilizes to insure the trade credit balances on NOKIA's other customers. If such credit line is insufficient for BRIGHTPOINT to meet its purchase goals as set forth in Section 1.3 above (assuming normal monthly loading of the total annual goal), then NOKIA shall give BRIGHTPOINT written notice thereof. BRIGHTPOINT shall thereupon have ++ to make other payment arrangements reasonably satisfactory to NOKIA. Failing that, NOKIA may early terminate this Agreement upon written notice to BRIGHTPOINT. Except as set forth above, NOKIA will not arbitrarily adjust BRIGHTPOINT's credit line.
4.3 BRIGHTPOINT shall pay NOKIA interest at the rate of ++ and ++ (++) per month (pro rated for any partial months) on all payments which are ++ (++) days or more past due provided NOKIA gave BRIGHTPOINT notice of such late payment at least fifteen (15) days prior to the accruing of interest charges. In the event NOKIA engages an attorney to collect payments from BRIGHTPOINT, NOKIA shall be entitled to recover from BRIGHTPOINT its reasonable attorneys' fees and court costs.
4.4 BRIGHTPOINT shall be responsible for all taxes, fees or other charges imposed by any governmental entity arising with respect to the sales of Products by NOKIA to BRIGHTPOINT, except any taxes that may be based on NOKIA's net income or any import duties incurred by NOKIA in bringing the Products into the U.S.
4.5 Unless expressly stipulated to the contrary, all rebates, credits, co-ops or accruals which may from time to time be due from NOKIA to BRIGHTPOINT either pursuant to the terms of this Agreement, or under any special or promotional programs which the parties may agree upon during the term hereof, shall be paid to BRIGHTPOINT in the form of an Open Credit Memo which BRIGHTPOINT may use towards payment of any outstanding amounts owed to NOKIA. If at the end of the term of this Agreement, BRIGHTPOINT has any remaining Open Credit Memos and shall not owe any additional sums to NOKIA, BRIGHTPOINT may endorse and return such open credit memos to NOKIA in exchange for a cash payment in the amount of such open credi...
Credit and Payment. If the credit of Xxxxx shall at any time, in the sole judgment of Seller, become impaired, Seller may decline to make further deliveries, except after full payment for shipments already made and cash payments in advance for addi- tional shipments or deliveries. Unless credit is arranged by Xxxxx and approved by Seller, terms shall be full cash payment prior to loading of goods except that, if goods are unique to Buyer, cash payment shall be due in full prior to manufacture by Seller.
Credit and Payment. In case any invoice shall not be paid when due or upon Buyer's breach or default with respect to any term or condition of this or any other contract with Seller, all sums owing under this and other contracts between Buyer and Seller, shall at the option of Seller or its factor, at once become due irrespective of the terms of sale, and the Seller may defer delivery under this and such other contracts until such sums shall be paid and for a reasonable time thereafter. If the total amount due or to become due under the contracts between the Buyer and Seller exceeds the credit limit for Buyer, which may be fixed or varied from time to time at and in accordance with the sole discretion and opinion of Seller, or its factor, Buyer agrees to pay cash before delivery or anticipate payment for any future shipment in excess of such credit limit. Upon failure by Buyer to make any such payment within five (5) days after demand in writing, Seller shall have the option to cancel this and other contracts between Buyer and Seller or to sell all or part of the merchandise undelivered thereunder without notice, at public or private sale, holding Buyer responsible for any deficiency, or to xxxx Buyer as of the date of such demand for all or any part of the merchandise undelivered thereunder on terms of cash before delivery. Approval or credit for one delivery or more shall not be deemed a waiver of this provision.
Credit and Payment. 3.01 The hirer shall pay to Camberwell Studios the hire rent on demand plus VAT thereon.
3.02 Unless otherwise agreed in writing any grant of credit facilities is made on condition that payment in full without retention or set-off, is made within 30 days of the date of the invoice and Camberwell Studios reserves the right to withdraw credit facilities forthwith if this Condition is not observed.
3.03 If payment is not made on the due date the Hirer shall pay interest on the overdue amount at the rate of 8% above base rate per month accruing daily.
Credit and Payment. 12.1 You will pay to Xxxxxx UK all premiums and other monies due to Xxxxxx UK within 60 Business Days of receipt of a Statement of Account on which the premium entry first appears, or in respect of any delegated authority business in accordance with the terms of the delegated authority.
12.2 Xxxxxx UK will be responsible for the preparation of a Statement of Account (which may be contained in writing, disk, tape, direct on-line communication to a computer terminal, or any other method of communication agreed between Xxxxxx UK and you) and unless otherwise agreed in writing, this statement shall be the basis of accounting transactions between us.
12.3 The Statement of Account will be rendered by Xxxxxx UK to you on a monthly basis. Payment of all monies due to Xxxxxx UK net of agreed Commission, must be received without set off or deduction (other than permitted deduction of agreed Commission) by Xxxxxx UK in cleared funds.
12.4 Failure to settle accounts in accordance with clause 12.3 shall be a material breach of this Agreement.
12.5 Settlements shall be made in accordance with clause 12.3. For the avoidance of doubt, your obligations shall be unaffected by:
12.5.1 any arrangement whereby you have allowed credit to the insured;
12.5.2 any delay in crediting Xxxxxx UK with monies received or due from the policyholder because of delays within your accounting system; or
12.5.3 your inability to obtain monies from the insured.
Credit and Payment. POWIN shall have the sole right of credit approval or credit refusal for customers in all cases. POWIN shall render all invoices directly to the customers and shall send copies of all invoices subject to commission to Representative. Payments shall be made directly to POWIN and full responsibility for all collection rests with POWIN. Powin Corp. Representative Agreement Rev. 1.0
Credit and Payment. Invoices are due and payable net (30) thirty days after the date of such invoice (or as otherwise mutually agreed between Variosystems and Customer); provided, however, that if Customer pays an invoice in full within 10 days after the applicable invoice date, then Customer shall be entitled to deduct a discount of 1% of the total amount due on such invoice. Variosystems reserves the right in its sole discretion to require full payment in advance. Customer is responsible for any taxes, duties, or government levies resulting from the sale of Products or services hereunder, excluding any taxes on Variosystems’ income. Variosystems reserves the right to charge interest on all late amounts at a rate of the lesser of (i) eighteen percent (18%) per annum or (ii) the highest permissible rate under applicable law, until paid in full. Customer must promptly review each invoice and raise any objections in writing within ten (10) days of invoice date or such objections will be deemed to have been waived. CUSTOMER IS NOT ENTITLED TO OFFSET OR DEDUCT FROM ANY AMOUNTS DUE AND PAYABLE TO VARIOSYSTEMS ANY DISPUTED AMOUNTS OR AMOUNTS CUSTOMER ALLEGES ARE OWED FROM VARIOSYSTEMS.
