CREDIT AND PAYMENT TERMS. Purchaser shall furnish to Seller all financial information reasonably requested by Seller from time to time for the purpose of establishing or continuing Purchaser's credit limit, it being understood that Seller shall have the right to decline to extend credit to Purchaser and to require that the applicable purchase price be paid prior to shipment. Seller shall have the right from time to time, without notice, to change or revoke Purchaser's credit limit on the basis of changes in Seller's credit policies or Purchaser's financial condition and/or payment record. Payment terms for each shipment of Products shall be as stated on Seller's invoice. A service charge of the lesser of one and one-half percent (1 1/2%) per month or the maximum amount allowed by law will be charged on all past due balances to defray Seller's costs of carrying such balance. Credit cards (MasterCard, VISA and Discover Card) will only be accepted at the time of order or purchase. Payment for all other orders must be made in accordance with the terms in effect at the time the order was placed. Seller will not accept money orders or travelers checks as payment unless they are made out in the exact amount of an outstanding invoice. Payment of an invoice through multiple money orders or travelers checks will not be accepted. In the event Purchaser fails to make timely payment of any amount invoiced hereunder, Seller shall have the right, in addition to any and all other rights and remedies available to Seller, at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future deliveries and/or to reduce or cancel any or all quantity discounts extended to Purchaser. Purchaser shall pay all costs of collection, including reasonable attorneys' fees. Xxxxxx Micro Inc. Resale Agreement -------------------------------------------------------------------------------- EXHIBIT F (continued) Any obligation of Seller under these terms and conditions to deliver Products on credit terms shall terminate without notice if Purchaser files a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditors, or if an involuntary petition under a bankruptcy statute is filed against Purchaser, or if a receiver or trustee is appointed to take possession of the assets of Purchaser.
CREDIT AND PAYMENT TERMS. Unless otherwise agreed to by the Seller in the Credit Agreement all payments are due and payable in Tampa, Florida net thirty (30) days from date of invoice or Buyer’s receipt of the product or services, whichever is sooner. For partial shipments, pro rata payments are due as partial shipments are made and invoice received. Under no circumstances shall any invoice or percentage thereof be withheld as retainage or other set-off against Seller’s obligations to Buyer, without Seller’s prior written consent, and, in no event, shall any retainage or set- off held by Buyer be greater than five percent (5%) of the total value of this Agreement. All past due payments shall accrue interest at the lesser of one and one-half percent (1.5%) per month (non-compounded) or the maximum rate allowable under applicable law until paid in full. Additionally, payments not made within thirty (30) days of the due date are subject to a one-time “late charge” equal to four percent (4%) of the payment then due. Notwithstanding the above provision for payment terms, if Buyer is in arrears over thirty (30) days, or if Buyer materially breaches any term of this Agreement of the Credit Agreement, then Seller reserves the right to suspend work on this Agreement and all other orders from Buyer, and/or to withhold shipment of completed equipment (if applicable), and to demand full payment of all amounts in arrears, plus full or partial payment in advance for work in process or as a condition to delivery. In the event of such suspension of work or withholding of shipment, Buyer shall defend, indemnify and hold Seller harmless from any and all loss, damages, expenses, fees, costs, fines or penalties whatsoever which may result to any person or entity due to any delays and damages occasioned thereby.
CREDIT AND PAYMENT TERMS. 5.1 PAYMENT. Terms of payment are [*]. Payment of an invoice shall not constitute or imply acceptance of the Product or relieve McDATA of any obligations assumed under this Agreement, nor prevent EMC from asserting any other rights it may have under this Agreement. Each Product shipment shall be invoiced by McDATA upon shipment, and paid for by EMC when due, without regard to other scheduled deliveries. All prices and fees described in this Agreement are in United States dollars and all payments hereunder shall be made in United States Dollars (i) by electronic wire transfer for international shipments, or (ii) by electronic wire transfer or check for domestic shipments.
CREDIT AND PAYMENT TERMS. 5 5.1 Payment........................................................... 6
CREDIT AND PAYMENT TERMS. Notwithstanding the above, Cardinal reserves the right, at its sole discretion, to a. extend credit privileges to any Customer that Cardinal determines is creditworthy and b. revoke any granted credit privileges to, or amend payment terms of, any Customer including any current account Customers, where Cardinal has any reason, as determined by Cardinal, to be concerned about the Customer’s continued creditworthy status. If Cardinal elects to withdraw credit privileges or amend any payment terms, Customer will be required to comply with the revised payment terms as established by Cardinal, at its sole discretion, to address past-due balances and/or future services as a condition of continued use of any Cardinal services, regardless of whether services are billed to the customer or any other party. Cardinal may elect to reestablish, or refuse to reestablish, credit privileges at its sole discretion. Cardinal reserves the right, at is sole discretion, to:
CREDIT AND PAYMENT TERMS. Xxxx shall provide Buyer a line of credit to facilitate purchases under this Agreement; provided, that in no event shall Buyer's Total Credit Exposure exceed *** [Redacted Text] in the aggregate. Such credit line may be decreased or terminated and shipments may be suspended at any time at the sole discretion of Xxxx by providing notice to Buyer. Upon written notice of Xxxx'x election to decrease or terminate Buyer's credit line, Buyer may terminate this Agreement. Buyer's failure to give written notice to Xxxx of the termination of this Agreement within thirty (30) days from the date of such notice shall constitute an unqualified acceptance of such reduction or termination and a waiver by Buyer of the right to terminate this Agreement. In addition to Xxxx'x rights to decrease or terminate Buyer's credit line as set forth in this Article VII, Section A above, and in addition to any other rights or remedies to which Xxxx may be entitled at law or in equity, in the event that Xxxx determines, in its sole discretion, that (a) the creditworthiness or future performance of Buyer is impaired or unsatisfactory or (b) Buyer's Total Credit Exposure may exceed the established credit line, Xxxx may (i) immediately suspend deliveries of all Product; or (ii) require prepayment by wire transfer at least two (2) business days prior to a scheduled shipment of Product.
B. Seller shall prepare and fax to Buyer a weekly invoice by Tuesday of every week during the Month in an amount equal to the Price per short ton based on the previous Friday's Price multiplied by the short tons delivered to Buyer during the period from the previous Monday through Sunday based on the meter reading at the Delivery Point provided by Buyer to Seller every Monday. In the event, Seller agrees to sell to Buyer any of Buyer's Railcar Product Requirements as set forth in Article III, Section A, then Seller shall prepare and fax to Buyer a weekly invoice by Tuesday of such week, in an amount equal to the Price per short ton as determined in accordance with Article VI, Section A multiplied by the short tons shipped by Seller to Buyer during the period from the previous Monday through Sunday based on the xxxx of lading quantity for such railcar shipments during the week. In the event Seller supplies to Buyer both Product Requirements and Railcar Product Requirements during any given week, then Seller shall prepare and fax Buyer two (2) separate invoices. Any Product returned to Seller in a railcar shall...
CREDIT AND PAYMENT TERMS. We may change the following terms from time to time:
CREDIT AND PAYMENT TERMS. All event accounts (without credit facilities) are to be paid in full to the Hotel at the time the booking is contracted. Any additional charges not itemised in the original contract are to be also paid for at the conclusion of the event by credit card or cash.
CREDIT AND PAYMENT TERMS a. Payments for services performed under this Agreement are due and payable promptly at net thirty (30) days after date of invoice, which shall not pre-date the date of shipment as defined in paragraph 3e above.
b. PATHLIGHT shall provide an irrevocable standby letter of credit or other security for receivable amounts outstanding and inventory liability in excess of its credit limit which may be drawn upon in the event of payment delinquency.
c. If PATHLIGHT becomes delinquent in payments to XeTel, XeTel may do the following after notifying PATHLIGHT:
i. Charge interest at one and one-half percent (1 1/2%) per month, but in no event shall the interest charged be higher than the highest rate for which the parties may legally contract; and/or
ii. Withhold shipment of products/services until all of PATHLIGHT's obligations have been brought current. PATHLIGHT will be given a reasonable amount of time to bring invoices current prior to being placed on credit hold. If XeTel elects to withhold shipment, PATHLIGHT is not relieved of any obligations hereunder; and/or
iii. Pursue legal remedies to collect the delinquent payments; and/or
iv. Change credit terms.
d. PATHLIGHT agrees to verbally review Pathlight's quarterly financial statements with XeTel.
e. XeTel agrees to review Pathlight's credit terms quarterly.
CREDIT AND PAYMENT TERMS. 7.1 The Supplier reserves the right not to extend credit to the Hirer or to impose a limit on any credit extended.
7.2 When credit is not extended to the Hirer, charges are payable (on pro-forma invoice) in advance and will be invoiced on receipt of payment. In such cases the charges for delivery, installation and return of Equipment and the Hire Charges for the minimum hire period are due before delivery of the Equipment. Other Hire Charges are payable monthly in advance and other charges are payable before the work commences.
7.3 Where credit is extended to the Hirer, Hire Charges are invoiceable during each month and are payable 30 days from the invoice date. Other charges payable in respect of this Agreement are invoiceable as the services are supplied and are payable 30 days from the invoice date.
7.4 If payment is not made on the due date, the Supplier is entitled in addition to its other rights, including but not limited to termination of this Agreement, to charge the Hirer a minimum administration fee of £40.00.
7.5 Interest shall be payable by the Hirer on any amount not paid by the Hirer when due in accordance with the terms set out in the Hire Agreement or these Conditions at the rate of 8% above the base rate from the time to time of National Westminster Bank PLC's (calculated on a day to day basis) in respect of the period from the date when such amount shall fall due until receipt by us of the full amount thereof (whether before or after any judgement).
