Common use of Default and Consequences of Default Clause in Contracts

Default and Consequences of Default. 12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 If the Client owes the Supplier any money the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees). 12.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 6 contracts

Samples: Contract, Supply Agreement, Supply Agreement

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Default and Consequences of Default. 12.1 10.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a one half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) rate after as well as before any judgment. 12.2 10.2 If the Client owes Customer defaults in payment of any invoice when due, the Supplier any money the Client Customer shall indemnify the Supplier Creditor from and against all costs and disbursements incurred by the Supplier Creditor in recovering pursuing the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, basis and the SupplierCreditor’s debt collection agency costs, and bank dishonour fees). 12.3 Further 10.3 Without prejudice to any other rights or remedies the Supplier Creditor may have have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Creditor may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. The Customer acknowledges and agrees that the Creditor will not be liable to the Customer for any loss or damage the Customer suffers because the Creditor has exercised its rights under this Contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the clause. 10.4 If any account remains overdue after thirty (30) days then an amount of the reversed transaction, in addition greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to any further costs incurred by the Supplier under this clause 12 where it can a maximum of two hundred dollars ($200.00)) shall be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contractlevied for administration fees which sum shall become immediately due and payable. 12.4 10.5 Without prejudice to the SupplierCreditor’s other remedies at law the Supplier Creditor shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Creditor shall, whether or not due for payment, become immediately payable if:in the event that; (a) any money payable to the Supplier Creditor becomes overdue, or in the SupplierCreditor’s opinion the Client Customer will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 6 contracts

Samples: Terms and Conditions of Trade, Standard Terms & Conditions of Supply, Terms and Conditions of Trade

Default and Consequences of Default. 12.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 18.2 If the Client owes the Supplier any money the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costscontract default fee, and bank dishonour fees). 12.3 18.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 18.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 4 contracts

Samples: Supply Agreement, Service Agreement, Contract

Default and Consequences of Default. 12.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 20.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costs, and bank dishonour fees). 12.3 20.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 20, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 20.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 4 contracts

Samples: Contract, Contract, Contractor Agreement

Default and Consequences of Default. 12.1 11.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half eighteen percent (2.518.0%) per calendar month annum (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 11.2 If the Client Customer owes the Supplier any money the Client Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client Customer basis, the Supplier’s collection agency costs, and bank dishonour fees). 12.3 11.3 Further to any other rights or remedies the Supplier may have under this Contractcontract, if a Client Customer has made payment to the SupplierSupplier by credit card, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 9, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contractagreement. 12.4 11.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 3 contracts

Samples: Terms and Conditions of Trade, Terms and Conditions of Trade, Terms and Conditions of Trade

Default and Consequences of Default. 12.1 24.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.52%) per calendar month (and at the SupplierXxxxxx ’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 24.2 If the Client owes the Supplier Maximo any money the Client shall indemnify the Supplier Maximo from and against all costs and disbursements incurred by the Supplier Maximo in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierXxxxxx’s collection agency costs, and bank dishonour fees). 12.3 24.3 Further to any other rights or remedies the Supplier Maximo may have under this Contract, if a Client has made payment to the SupplierMaximo, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Maximo under this clause 12 24, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 24.4 Without prejudice to the SupplierXxxxxx’s other remedies at law the Supplier Maximo shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Maximo shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Xxxxxx becomes overdue, or in the SupplierXxxxxx’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierXxxxxx; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 3 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

Default and Consequences of Default. 12.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 18.2 If the Client Customer owes the Supplier any money the Client Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees). 12.3 18.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 18.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 2 contracts

Samples: Supply Agreement, Contract

Default and Consequences of Default. 12.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSeller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 16.2 If the Client Customer owes the Supplier Seller any money the Client Customer shall indemnify the Supplier Seller from and against all costs and disbursements incurred by the Supplier Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierSeller’s collection agency costscontract default fee, and bank dishonour fees). 12.3 16.3 Further to any other rights or remedies the Supplier Seller may have under this Contract, if a Client Customer has made payment to the SupplierSeller, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Seller under this clause 12 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 16.4 Without prejudice to the SupplierSeller’s other remedies at law the Supplier Seller shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierSeller; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

Default and Consequences of Default. 12.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 17.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costscontract default fee, and bank dishonour fees). 12.3 17.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 17.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Contract, Contract

Default and Consequences of Default. 12.1 23.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s MSS’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 23.2 If the Client Customer owes the Supplier MSS any money the Client Customer shall indemnify the Supplier MSS from and against all costs and disbursements incurred by the Supplier MSS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client Customer basis, the Supplier’s MSS’ collection agency costs, and bank dishonour fees). 12.3 23.3 Further to any other rights or remedies the Supplier MSS may have under this Contract, if a Client Customer has made payment to the SupplierMSS, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier MSS under this clause 12 23, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 23.4 Without prejudice to the Supplier’s MSS’ other remedies at law the Supplier MSS shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier MSS shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier MSS becomes overdue, or in the Supplier’s MSS’ opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierMSS; (c) the Client Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 2 contracts

Samples: Contract, Contract

Default and Consequences of Default. 12.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSeller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 15.2 If the Client Buyer owes the Supplier Seller any money the Client Buyer shall indemnify the Supplier Seller from and against all costs and disbursements incurred by the Supplier Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierSeller’s collection agency costs, and bank dishonour fees). 12.3 15.3 Further to any other rights or remedies the Supplier Seller may have under this Contract, if a Client Buyer has made payment to the SupplierSeller, and the transaction is subsequently reversed, the Client Buyer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Seller under this clause 12 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientBuyer’s obligations under this Contract. 12.4 15.4 Without prejudice to the SupplierSeller’s other remedies at law the Supplier Seller shall be entitled to cancel all or any part of any order of the Client Buyer which remains unfulfilled and all amounts owing to the Supplier Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client Buyer will be unable to make a payment when it falls due; (b) the Client Buyer has exceeded any applicable credit limit provided by the SupplierSeller; (c) the Client Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Buyer or any asset of the ClientBuyer.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contract

Default and Consequences of Default. 12.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierProquip’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 16.2 If the Client owes the Supplier Proquip any money the Client shall indemnify the Supplier Proquip from and against all costs and disbursements incurred by the Supplier Proquip in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierProquip’s collection agency costscontract default fee, and bank dishonour fees). 12.3 16.3 Further to any other rights or remedies the Supplier Proquip may have under this Contract, if a Client has made payment to the SupplierProquip, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Proquip under this clause 12 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 16.4 Without prejudice to the SupplierProquip’s other remedies at law the Supplier Proquip shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Proquip shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Proquip becomes overdue, or in the SupplierProquip’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierProquip; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Contract, Contract

Default and Consequences of Default. 12.1 Where an invoice has remained unpaid for 14 business days, a reminder will be sent to the Client, in writing, and an administration fee of $250.00 (inclusive of GST) will be charged to the Client; If the invoice remains unpaid after the reminder has been provided, solicitors or collection agents will be engaged, and the Client agrees to indemnify DMA for any and all reasonable collection costs (in accordance with clause 12.3). 12.2 Interest on overdue invoices shall accrue daily from the date when that payment becomes was due, until the date of payment, at a rate of two and a half five percent (2.55%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) annum pro rata, after as well as before any judgment. 12.2 12.3 If the Client owes the Supplier DMA any money the Client shall indemnify the Supplier DMA from and against all costs and disbursements incurred by the Supplier DMA in recovering the debt (including but not limited to internal administration collection fees, legal costs on a solicitor and own client basis, the SupplierDMA’s collection agency costscontract default fee, Court or any other institution filing fees and bank dishonour fees). 12.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 Without prejudice to any other remedies DMA may have, if at any time the SupplierClient is in breach of any obligation (including those relating to payment) under these terms and conditions DMA may suspend or terminate the supply of Service to the Client. DMA will not be liable to the Client for any loss or damage the Client suffers because DMA has exercised its rights under this clause. 12.5 Without prejudice to DMA’s other remedies at law the Supplier DMA shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier DMA shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier DMA becomes overdue, or in the SupplierDMA’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client. (d) the Client suffers a lack of capacity through mental illness such that they are unable to fulfil their obligations pursuant to this agreement. (e) the Client engages another consultant, individual, or business that provides similar services to the Client without DMA’s express permission. 12.6 This Clause shall continue in force and effect and be enforceable against the Client, and their successor(s), assignee(s), legal personal representatives notwithstanding their death, insolvency, termination of this Agreement or any other event.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Default and Consequences of Default. 12.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierHSE’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 22.2 If the Client owes the Supplier HSE any money the Client shall indemnify the Supplier HSE from and against all costs and disbursements incurred by the Supplier HSE in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierHSE’s collection agency costs, and bank dishonour fees). 12.3 22.3 Further to any other rights or remedies the Supplier HSE may have under this Contract, if a Client has made payment to the SupplierHSE, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier HSE under this clause 12 22, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 22.4 Without prejudice to the SupplierHSE’s other remedies at law the Supplier HSE shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier HSE shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier HSE becomes overdue, or in the SupplierHSE’s opinion the Client will be unable to make a payment when it falls due;; or (b) the Client has exceeded any applicable credit limit provided by the Supplier;HSE; or (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Contract, Contract

Default and Consequences of Default. 12.1 11.1 Interest on overdue invoices shall may accrue daily from the date when payment becomes due, due daily until the date of payment, payment at a rate of two and a half percent (2.5%) % per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly may accrue at such a rate) rate after as well as before any judgment. 12.2 11.2 If the Client owes Buyer defaults in payment of any invoice when due, the Supplier any money the Client Buyer shall indemnify the Supplier Seller from and against all the Seller’s costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Buyer basis and in addition all of the Supplier’s collection agency costs, and bank dishonour fees)Seller's nominees' costs of collection. 12.3 Further 11.3 Without prejudice to any other rights or remedies the Supplier Seller may have have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this Contract, if a Client has made payment to clause. 11.4 If any account remains unpaid at the Supplier, and end of the transaction is subsequently reversed, second month after supply of the Client goods or services the following shall be liable for the apply: An immediate amount of the reversed transaction, in addition to any further costs incurred by greater of $50.00 or 10.00% of the Supplier under this clause 12 where it can amount overdue shall be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contractlevied for administration fees which sum shall become immediately due and payable. 12.4 Without prejudice to 11.5 In the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable ifevent that: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client Buyer will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Buyer or any asset of the ClientBuyer; then without prejudice to the Seller’s other remedies at law: i) the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and ii) all amounts owing to the Seller shall, whether or not due for payment, immediately become payable.

Appears in 2 contracts

Samples: Terms and Conditions of Trade, Terms and Conditions of Trade

Default and Consequences of Default. 12.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSeller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 16.2 If the Client Buyer owes the Supplier Seller any money money, the Client Buyer shall indemnify the Supplier Seller from and against all costs and disbursements disbursements: (a) incurred; and/or (b) which would be incurred and/or (c) for which by the Supplier Buyer would be liable; in recovering the debt (including but not limited regard to internal administration fees, legal costs on a solicitor and own client basis, internal administration fees, the SupplierSeller’s collection agency costsContract fees owing for breach of these terms and conditions’, and including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees). 12.3 16.3 Further to any other rights or remedies the Supplier Seller may have under this Contract, if a Client Buyer has made payment to the SupplierSeller, and the transaction is subsequently reversed, the Client Buyer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Seller under this clause 12 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientBuyer’s obligations under this Contract. 12.4 16.4 Without prejudice to the SupplierSeller’s other remedies at law the Supplier Seller shall be entitled to cancel all or any part of any order of the Client Buyer which remains unfulfilled and all amounts owing to the Supplier Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client Buyer will be unable to make a payment when it falls due; (b) the Client Buyer has exceeded any applicable credit limit provided by the SupplierSeller; (c) the Client Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Buyer or any asset of the ClientBuyer.

Appears in 2 contracts

Samples: Services Agreements, Confidentiality Agreement

Default and Consequences of Default. 12.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSeller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 19.2 If the Client owes the Supplier Seller any money the Client shall indemnify the Supplier Seller from and against all costs and disbursements incurred by the Supplier Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierSeller’s collection agency costs, and bank dishonour fees). 12.3 19.3 Further to any other rights or remedies the Supplier Seller may have under this Contract, if a Client has made payment to the SupplierSeller, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Seller under this clause 12 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 19.4 Without prejudice to the SupplierSeller’s other remedies at law the Supplier Seller shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierSeller; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

Default and Consequences of Default. 12.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierFP’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 20.2 If the Client owes the Supplier FP any money the Client shall indemnify the Supplier FP from and against all costs and disbursements incurred by the Supplier FP in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierFP’s collection agency costs, and bank dishonour fees). 12.3 20.3 Further to any other rights or remedies the Supplier FP may have under this Contract, if a the Client has made payment to the SupplierFP, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier FP under this clause 12 20 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 20.4 Without prejudice to the SupplierFP’s other remedies at law the Supplier FP shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier FP shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier FP becomes overdue, or in the SupplierFP’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierFP; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Contract, Service Agreement

Default and Consequences of Default. 12.1 11.1 Interest on overdue invoices shall accrue daily from the date when payment becomes dueDue Date, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month the Interest Rate (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. The charging of interest by the Supplier on any amount outstanding after the Due Date will not be construed by the Customer as an option for payment over a longer period but as compensation to the Supplier for failure to pay on or before the Due Date. 12.2 If 11.2 The Customer will pay the Client owes the Supplier any money the Client shall indemnify the Supplier from and against all Supplier’s costs and disbursements incurred by in pursuing any recovery action, or any other claim or remedy, against the Supplier in recovering the debt (Customer, including but not limited to internal administration fees, legal collection costs on a solicitor and own client basis, including the Supplier’s collection agency costs, debt recovery fees, legal costs on a full indemnity basis and bank dishonour fees). Such costs and disbursements will be due and payable by the Customer to the Supplier irrespective of whether pursuit of the recovery action, claim or remedy is successful. Such costs will constitute a debt to the Supplier and shall be payable by the Customer upon demand by the Supplier, failing which interest shall accrue in respect of them in accordance with the terms of Clause 11.1 from the date of demand until the date of payment. 12.3 Further 11.3 Without prejudice to any other rights or remedies the Supplier may have have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these Terms and Conditions the Supplier may suspend or terminate the supply of Goods and/or Services and/or Equipment or withdraw or suspend credit facilities to the Customer. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier has exercised its rights under this Contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contractclause. 12.4 11.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 2 contracts

Samples: Agreement for the Provision of Goods and/or Services, Fuel Card and/or Hire of Equipment on Credit, Agreement for the Provision of Goods and/or Services, Fuel Card and/or Hire of Equipment on Credit

Default and Consequences of Default. 12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, due and payable until the date of payment, payment at a rate of two and a half percent (2.5%) 2% per calendar month (and at the Supplier’s sole discretion month, with such interest shall compound monthly at such a rate) after as well as before any judgmentto be calculated daily and compounded monthly. 12.2 If the Client owes the Supplier defaults in payment of any money invoice or breaches any obligation of this Agreement, the Client shall indemnify the Supplier Company from and against all the Company’s costs and disbursements incurred by relating thereto or arising therefrom including legal costs on a full indemnity basis in addition to all of the Supplier Company’s costs of collection and enforcement. 12.3 Without prejudice to any other remedies the Company may have, if at any time the Client is in recovering the debt breach of any obligation (including but not limited to internal administration fees, legal costs on a solicitor and own client basisthose relating to payment), the Supplier’s collection agency costs, and bank dishonour fees). 12.3 Further Company may without prejudice to any of its other rights at law suspend or remedies terminate the Supplier may have under this Contract, if a Client has made payment supply of the Goods to the Supplier, Client and/or terminate this Agreement and the transaction is subsequently reversed, the Client shall be liable for the amount any of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCompany’s other obligations under this ContractAgreement. The Company will not be liable to the Client for any loss or damage the Client suffers arising from the Company exercising its rights under this clause. 12.4 Without prejudice to In the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable ifevent that: (a) any money payable to the Supplier Company becomes overdue, or in the SupplierCompany’s opinion the Client will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator liquidator, trustee in bankruptcy (provisional or otherwise) ), controller, or similar person is appointed in respect of the Client or any asset of the Client; (d) there is a change in Control of the Company (as defined in the Corporations Act 2001 (Cth), (“Insolvency Event”) without the prior written consent of the Company, then without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel all or any part of any order of the Client which remains unperformed and/or terminate this Agreement in addition to and without prejudice to any other remedies, and all amounts owing to the Company shall, whether or not due for payment, immediately become payable. 12.5 Should the Client terminate the Agreement at any time prior to the supply of the Goods, the Client must indemnify the Company for any liability, damages, compensation, expenses or costs that may be incurred as a result of any such termination.

Appears in 2 contracts

Samples: General Terms and Conditions of Supply, General Terms and Conditions of Supply

Default and Consequences of Default. 12.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierEME Roofing’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 15.2 If the Client owes the Supplier EME Roofing any money the Client shall indemnify the Supplier EME Roofing from and against all costs and disbursements incurred by the Supplier EME Roofing in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierEME Roofing’s collection agency costscontract default fee, and bank dishonour fees). 12.3 15.3 Further to any other rights or remedies the Supplier EME Roofing may have under this Contractagreement, if a the Client has made payment to the SupplierEME Roofing, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier EME Roofing under this clause 12 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contractagreement. 12.4 15.4 Without prejudice to the SupplierEME Roofing’s other remedies at law the Supplier EME Roofing shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier EME Roofing shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier EME Roofing becomes overdue, or in the SupplierEME Roofing’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierEME Roofing; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Contract, Contract

Default and Consequences of Default. 12.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierCyberChill’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 14.2 If the Client owes the Supplier CyberChill any money the Client shall indemnify the Supplier CyberChill from and against all costs and disbursements incurred by the Supplier CyberChill in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierCyberChill’s collection agency costscontract default fee, and bank dishonour fees). 12.3 14.3 Further to any other rights or remedies the Supplier CyberChill may have under this Contract, if a Client has made payment to the SupplierCyberChill, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier CyberChill under this clause 12 14 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 14.4 Without prejudice to the SupplierCyberChill’s other remedies at law the Supplier CyberChill shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier CyberChill shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier CyberChill becomes overdue, or in the SupplierCyberChill’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierCyberChill; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Default and Consequences of Default. 12.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSeller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 14.2 If the Client owes the Supplier Seller any money the Client shall indemnify the Supplier Seller from and against all costs and disbursements incurred by the Supplier Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierSeller’s collection agency costscontract default fee, and bank dishonour fees). 12.3 14.3 Further to any other rights or remedies the Supplier Seller may have under this Contract, if a Client has made payment to the SupplierSeller, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Seller under this clause 12 14 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 14.4 Without prejudice to any other remedies the Seller may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Seller may suspend or terminate the supply of Goods to the Client. The Seller will not be liable to the Client for any loss or damage the Client suffers because the Seller has exercised its rights under this clause. 14.5 Without prejudice to the SupplierSeller’s other remedies at law the Supplier Seller shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierSeller; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Contract, Sales Contracts

Default and Consequences of Default. 12.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 19.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costscontract default fee, and bank dishonour fees). 12.3 19.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 19.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Contract, Contract

Default and Consequences of Default. 12.1 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 21.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costs, and bank dishonour fees). 12.3 21.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 21, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 21.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Contract, Contract

Default and Consequences of Default. 12.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 17.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costs, and bank dishonour fees). 12.3 17.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 17, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 17.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Contract, Contractor Agreement

Default and Consequences of Default. 12.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 18.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costscontract default fee, and bank dishonour fees). 12.3 18.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 18.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Service Agreement, Contract

Default and Consequences of Default. 12.1 23.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 23.2 If the Client Customer owes the Supplier Contractor any money the Client Customer shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costs, and bank dishonour fees). 12.3 23.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client Customer has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 23, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 23.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 2 contracts

Samples: Contract, Contract

Default and Consequences of Default. 12.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierPit Stop’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 16.2 If the Client Customer owes the Supplier Pit Stop any money the Client Customer shall indemnify the Supplier Pit Stop from and against all costs and disbursements incurred by the Supplier Pit Stop in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierPit Stop’s collection agency costs, and bank dishonour fees). 12.3 16.3 Further to any other rights or remedies the Supplier Pit Stop may have under this Contract, if a Client Customer has made payment to the SupplierPit Stop, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Pit Stop under this clause 12 16, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 16.4 Without prejudice to the SupplierPit Stop’s other remedies at law the Supplier Pit Stop shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Pit Stop shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Pit Stop becomes overdue, or in the SupplierPit Stop’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierPit Stop; (c) the Client Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 2 contracts

Samples: Contract, Contract

Default and Consequences of Default. 12.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 16.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costscontract default fee, and bank dishonour fees). 12.3 16.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 16.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Contract, Contract

Default and Consequences of Default. 12.1 24.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 24.2 If the Client owes the Supplier any money the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees). 12.3 24.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 24, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 24.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Supply Agreement, Supply Agreement

Default and Consequences of Default. 12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierMouldmen’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 If the Client owes the Supplier Mouldmen any money the Client shall indemnify the Supplier Mouldmen from and against all costs and disbursements incurred by the Supplier Mouldmen in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierMouldmen’s collection agency costscontract default fee, and bank dishonour fees). 12.3 Further to any other rights or remedies the Supplier Mouldmen may have under this Contractcontract, if a Client has made payment to the SupplierMouldmen, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Mouldmen under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this ContractAgreement. 12.4 Without prejudice to the SupplierMouldmen’s other remedies at law the Supplier Mouldmen shall be entitled to cancel all or any part of any order of the Services to be supplied to the Client which remains unfulfilled and all amounts owing to the Supplier Mouldmen shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Mouldmen becomes overdue, or in the SupplierMouldmen’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierMouldmen; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Service Agreement, Confidentiality Agreement

Default and Consequences of Default. 12.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 20.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costscontract default fee, and bank dishonour fees). 12.3 20.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 20 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 20.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 2 contracts

Samples: Contract Agreement, Contract

Default and Consequences of Default. 12.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 18.2 If the Client Customer owes the Supplier any money the Client Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client Customer basis, the Supplier’s collection agency costscontract default fee, and bank dishonour fees). 12.3 18.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 18.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Services Agreements

Default and Consequences of Default. 12.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierArchiclad’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 15.2 If the Client Customer owes the Supplier Archiclad any money the Client Customer shall indemnify the Supplier Archiclad from and against all costs and disbursements incurred by the Supplier Archiclad in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierArchiclad’s collection agency costscontract default fee, and bank dishonour fees). 12.3 15.3 Further to any other rights or remedies the Supplier Archiclad may have under this Contract, if a Client Customer has made payment to the SupplierArchiclad, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Archiclad under this clause 12 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 15.4 Without prejudice to the SupplierArchiclad’s other remedies at law the Supplier Archiclad shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Archiclad shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Archiclad becomes overdue, or in the SupplierArchiclad’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierArchiclad; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierMFM’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 20.2 If the Client Customer owes the Supplier MFM any money the Client Customer shall indemnify the Supplier MFM from and against all costs and disbursements incurred by the Supplier MFM in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierMFM’s collection agency costs, and bank dishonour fees). 12.3 20.3 Further to any other rights or remedies the Supplier MFM may have under this Contract, if a Client Customer has made payment to the SupplierMFM, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier MFM under this clause 12 20, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 20.4 Without prejudice to the SupplierMFM’s other remedies at law the Supplier MFM shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier MFM shall, whether or not due for payment, become immediately payable if: (a) any Any money payable to the Supplier MFM becomes overdue, or in the SupplierMFM’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client The Customer has exceeded any applicable credit limit provided by the SupplierMFM; (c) the Client The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSeller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 18.2 If the Client Customer owes the Supplier Seller any money the Client Customer shall indemnify the Supplier Seller from and against all costs and disbursements incurred by the Supplier Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierSeller’s collection agency costscontract default fee, and bank dishonour fees). 12.3 18.3 Further to any other rights or remedies the Supplier Seller may have under this Contract, if a Client Customer has made payment to the SupplierSeller, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Seller under this clause 12 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 18.4 Without prejudice to the SupplierSeller’s other remedies at law the Supplier Seller shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierSeller; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierIRL’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 16.2 If the Client Customer owes the Supplier IRL any money the Client Customer shall indemnify the Supplier IRL from and against all costs and disbursements incurred by the Supplier IRL in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierIRL’s collection agency costs, and bank dishonour fees). 12.3 16.3 Further to any other rights or remedies the Supplier IRL may have under this Contract, if a Client Customer has made payment to the SupplierIRL, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier IRL under this clause 12 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 16.4 Without prejudice to the SupplierIRL’s other remedies at law the Supplier IRL shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier IRL shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier IRL becomes overdue, or in the SupplierIRL’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierIRL; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierZEN Energy’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 20.2 If the Client owes the Supplier ZEN Energy any money the Client shall indemnify the Supplier ZEN Energy from and against all costs and disbursements incurred by the Supplier ZEN Energy in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierZEN Energy’s collection agency costs, and bank dishonour fees). 12.3 20.3 Further to any other rights or remedies the Supplier ZEN Energy may have under this Contract, if a Client has made payment to the SupplierZEN Energy, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier ZEN Energy under this clause 12 20, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 20.4 Without prejudice to the SupplierZEN Energy’s other remedies at law the Supplier ZEN Energy shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier ZEN Energy shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier ZEN Energy becomes overdue, or in the SupplierZEN Energy’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierZEN Energy; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 14.2 If the Client owes the Supplier any money the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees). 12.3 14.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 14, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 14.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Supply Agreement

Default and Consequences of Default. 12.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierAgent’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 15.2 If the Client Customer owes the Supplier Agent any money money, the Client Customer shall indemnify the Supplier Agent from and against all costs and disbursements incurred by the Supplier Agent in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierAgent’s collection agency costs, and bank dishonour fees). 12.3 15.3 Further to any other rights or remedies the Supplier Agent may have under this Contract, if a Client Customer has made payment to the SupplierAgent, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Agent under this clause 12 15, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 15.4 Without prejudice to the SupplierAgent’s other remedies at law law, the Supplier Agent shall be entitled to cancel all all, or any part part, of any order of the Client Customer which remains unfulfilled unfulfilled, and all amounts owing to the Supplier Agent shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Agent becomes overdue, or in the SupplierAgent’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierAgent; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSeller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 13.2 If the Client Customer owes the Supplier Seller any money the Client Customer shall indemnify the Supplier Seller from and against all costs and disbursements incurred by the Supplier Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierSeller’s collection agency costscontract default fee, and bank dishonour fees). 12.3 13.3 Further to any other rights or remedies the Supplier Seller may have under this Contract, if a Client Customer has made payment to the SupplierSeller, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Seller under this clause 12 13 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 13.4 Without prejudice to the SupplierSeller’s other remedies at law the Supplier Seller shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierSeller; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s Xxxxxx’x sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 17.2 If the Client owes the Supplier xxxx Xxxxxx any money the Client shall indemnify the Supplier Xxxxxx from and against all costs and disbursements incurred by the Supplier Xxxxxx in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costsXxxxxx’x contract default fee, and bank dishonour fees). 12.3 17.3 Further to any other rights or remedies the Supplier Xxxxxx may have under this Contract, if a Client has made payment to the SupplierXxxxxx, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Xxxxxx under this clause 12 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 17.4 Without prejudice to the Supplier’s Xxxxxx’x other remedies at law the Supplier Xxxxxx shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Xxxxxx shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Xxxxxx becomes overdue, or in the Supplier’s Xxxxxx’x opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierXxxxxx; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 19.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costscontract default fee, and bank dishonour fees). 12.3 19.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 19.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 Interest on overdue invoices amounts (whether the Fee or Commission) shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 If In the Client owes event of any default by the Supplier any money Lessee and/or Lessor, the Client defaulting party shall indemnify the Supplier from and against be liable for all costs and disbursements incurred by for the Supplier in recovering recovery of the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees). 12.3 Further to any other rights or remedies the Supplier Bull Man may have under this Contract, if a Client Lessee and/or Lessor has made payment to the SupplierBull Man, and the transaction is subsequently reversedterminated, the Client Lessee and/or Lessor shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Bull Man under this clause 12 13 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientLessee and/or Lessor’s obligations under this Contract. 12.4 Without prejudice to the Supplier’s other remedies at law law: (a) if at any time the Supplier Lessor and/or Lessee is in breach of any obligation (including those relating to payment) under this Contract, Bull Man may (as an agent for the affected party) notify the parties of the Breach and require remedy within 14 days and if remain unremedied can terminate the Contract. Bull Man and the affected party will not be liable for any loss or damage suffered by the defaulting party due to exercising the right to enforce this clause. (b) Bull Man shall be entitled to cancel terminate all or any part of any order of the Client Contract which remains unfulfilled and all amounts owing to the Supplier Bull Man shall, whether or not due for payment, become immediately payable if: (ai) any money payable to the Supplier becomes overdue, or in the SupplierBull Man’s opinion the Client defaulting party will be unable to make a payment when it falls due; (bii) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client defaulting party becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (diii) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client defaulting party or any asset of the Clientdefaulting party. 12.5 Upon termination of this Contract, the Lessee will immediately return all Livestock owned by the Lessor to the Lessor’s Return Address at the Lessee’s sole cost.

Appears in 1 contract

Samples: Livestock Lease Agreement

Default and Consequences of Default. 12.1 24.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s LEAP’S sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 24.2 If the Client owes the Supplier LEAP any money the Client shall indemnify the Supplier LEAP from and against all costs and disbursements incurred by the Supplier LEAP in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costsLEAP’S Contract default fees, and bank dishonour fees). 12.3 24.3 Further to any other rights or remedies the Supplier LEAP may have under this Contract, if a the Client has made payment to the SupplierLEAP by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier LEAP under this clause 12 24 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 24.4 Without prejudice to any other remedies LEAP may have, if at any time the SupplierClient is in breach of any obligation (including those relating to payment and/or where the Client fails to cooperate with LEAP or hinders LEAP’S ability to provide the Services hereunder) under these terms and conditions LEAP may suspend the provision of Services to the Client or terminate this Contract. LEAP will not be liable to the Client for any loss or damage the Client suffers because LEAP has exercised its rights under this clause. 24.5 Without prejudice to any other remedies LEAP may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions LEAP may, at their sole discretion (without being liable to the Client for any loss or damage the Client suffers because LEAP has exercised its rights under this clause): (a) suspend or terminate this Contract and/or any of the Services without notice or refund; (b) make an additional charge to the Client; or (c) block access to any part of the Services (including but not limited to, restricting the publics and/or Client’s access to the website, withholding domain codes, passwords and Goods or removing the Web Site from the web entirely and/or supply of Services in respect any phone system. 24.6 Without prejudice to LEAP’S other remedies at law the Supplier LEAP shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier LEAP shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier LEAP becomes overdue, or in the Supplier’s LEAP’S opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierLEAP; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierAEL’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 20.2 If the Client Customer owes the Supplier AEL any money the Client Customer shall indemnify the Supplier AEL from and against all costs and disbursements incurred by the Supplier AEL in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierAEL’s collection agency costs, and bank dishonour fees). 12.3 20.3 Further to any other rights or remedies the Supplier AEL may have under this Contract, if a Client Customer has made payment to the SupplierAEL, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier AEL under this clause 12 20, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 20.4 Without prejudice to the SupplierAEL’s other remedies at law the Supplier AEL shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier AEL shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier AEL becomes overdue, or in the SupplierAEL’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierAEL; (c) the Client Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierTMF’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 17.2 If the Client Customer owes the Supplier TMF any money the Client Customer shall indemnify the Supplier TMF from and against all costs and disbursements incurred by the Supplier TMF in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierTMF’s collection agency costscontract default fee, and bank dishonour fees). 12.3 17.3 Further to any other rights or remedies the Supplier TMF may have under this Contract, if a Client Customer has made payment to the SupplierTMF, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier TMF under this clause 12 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 17.4 Without prejudice to the SupplierTMF’s other remedies at law the Supplier TMF shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier TMF shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier TMF becomes overdue, or in the SupplierTMF’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierTMF; (c) the Client Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 24.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 24.2 If the Client Customer owes the Supplier any money the Client Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client Customer basis, the Supplier’s collection agency costs, and bank dishonour fees). 12.3 24.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 24, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 24.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client Customer will be unable to make a payment when it falls due;; and (b) the Client Customer has exceeded any applicable credit limit provided by the Supplier;; and (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Supply Agreement

Default and Consequences of Default. 12.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierMNE’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 19.2 If the Client owes the Supplier MNE any money the Client shall indemnify the Supplier MNE from and against all costs and disbursements incurred by the Supplier MNE in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierMNE’s collection agency costscontract default fee, and bank dishonour fees). 12.3 19.3 Further to any other rights or remedies the Supplier MNE may have under this Contract, if a Client has made payment to the SupplierMNE, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier MNE under this clause 12 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 19.4 Without prejudice to the SupplierMNE’s other remedies at law the Supplier MNE shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier MNE shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier MNE becomes overdue, or in the SupplierMNE’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierMNE; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 17.2 If the Client Customer owes the Supplier any money the Client Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees). 12.3 17.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 17.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Supply Agreement

Default and Consequences of Default. 12.1 10.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 10.2 If the Client Customer owes the Supplier any money the Client Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees). 12.3 10.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 10, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 10.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 13.2 If the Client Buyer owes the Supplier any money the Client Buyer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costscontract default fee, and bank dishonour fees). 12.3 13.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client Buyer has made payment to the Supplier, and the transaction is subsequently reversed, the Client Buyer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 13 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientBuyer’s obligations under this Contract. 12.4 13.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client Buyer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client Buyer will be unable to make a payment when it falls due; (b) the Client Buyer has exceeded any applicable credit limit provided by the Supplier; (c) the Client Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Buyer or any asset of the ClientBuyer.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierWPC’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 16.2 If the Client owes the Supplier WPC any money the Client shall indemnify the Supplier WPC from and against all costs and disbursements incurred by the Supplier WPC in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierWPC’s collection agency costscontract default fee, and bank dishonour fees). 12.3 16.3 Further to any other rights or remedies the Supplier WPC may have under this Contract, if a Client has made payment to the SupplierWPC, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier WPC under this clause 12 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 16.4 Without prejudice to the SupplierWPC’s other remedies at law the Supplier WPC shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier WPC shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier WPC becomes overdue, or in the SupplierWPC’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierWPC; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierBurnback’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 17.2 If the Client Customer owes the Supplier Burnback any money the Client Customer shall indemnify the Supplier Burnback from and against all costs and disbursements incurred by the Supplier Burnback in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierBurnback’s collection agency costscontract default fee, and bank dishonour fees). 12.3 17.3 Further to any other rights or remedies the Supplier Burnback may have under this Contract, if a Client Customer has made payment to the SupplierBurnback, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Burnback under this clause 12 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 17.4 Without prejudice to the SupplierBurnback’s other remedies at law the Supplier Burnback shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Burnback shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Burnback becomes overdue, or in the SupplierBurnback’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierBurnback; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half six percent (2.56.0%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) annum after as well as before any judgment. 12.2 15.2 If the Client Customer owes the Supplier any money (including outstanding Retention monies agreed as part of the Client contract) the Customer shall indemnify the Supplier from and against all legal costs and related disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees). The Supplier shall not supply any other further goods or services to the Customer until all outstanding monies are paid or a suitable payment arrangement has been made. 12.3 15.3 Further to any other rights or remedies the Supplier may have under this Contractcontract, if a Client Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount cost of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 15.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client Customer will be unable to make a payment when it falls due;. (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or. (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer. 15.5 In the event of default the Supplier may report the nonpayment of funds to a credit reporting agency which may in turn affect the Customer’s ability to obtain further credit.

Appears in 1 contract

Samples: Sales Terms and Conditions

Default and Consequences of Default. 12.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSSE’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 22.2 If the Client Customer owes the Supplier SSE any money the Client Customer shall indemnify the Supplier SSE from and against all costs and disbursements incurred by the Supplier SSE in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client Customer basis, the SupplierSSE’s collection agency costscontract default fee, and bank dishonour fees). 12.3 22.3 Further to any other rights or remedies the Supplier SSE may have under this Contract, if a Client Customer has made payment to the SupplierSSE, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier SSE under this clause 12 22 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 22.4 Without prejudice to the SupplierSSE’s other remedies at law the Supplier SSE shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier SSE shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier SSE becomes overdue, or in the SupplierSSE’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierSSE; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierAESG’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 20.2 If the Client owes the Supplier AESG any money the Client shall indemnify the Supplier AESG from and against all costs and disbursements incurred by the Supplier AESG in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierXXXX’s collection agency costscontract default fee, and bank dishonour fees). 12.3 20.3 Further to any other rights or remedies the Supplier AESG may have under this Contract, if a Client has made payment to the SupplierAESG, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier AESG under this clause 12 20 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 20.4 Without prejudice to the SupplierXXXX’s other remedies at law the Supplier AESG shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier AESG shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier AESG becomes overdue, or in the SupplierXXXX’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierAESG; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierWBL’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 16.2 If the Client Customer owes the Supplier WBL any money the Client Customer shall indemnify the Supplier WBL from and against all costs and disbursements incurred by the Supplier WBL in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierWBL’s collection agency costs, and bank dishonour fees). 12.3 16.3 Further to any other rights or remedies the Supplier WBL may have under this Contract, if a Client Customer has made payment to the SupplierWBL, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier WBL under this clause 12 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 16.4 Without prejudice to the SupplierWBL’s other remedies at law the Supplier WBL shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier WBL shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier WBL becomes overdue, or in the SupplierWBL’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierWBL; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, due daily until the date of payment, payment at a rate of two and a half percent (2.5%) % per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly accrue at such a rate) rate after as well as before any judgment. 12.2 If the Client owes Buyer defaults in payment of any invoice when due, the Supplier any money the Client Buyer shall indemnify the Supplier Seller from and against all the entire Seller’s costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, basis and in addition all of the Supplier’s collection agency costs, and bank dishonour fees)Sellers nominees costs of collection. 12.3 Further Without prejudice to any other rights or remedies the Supplier Seller may have have, if at any time the Buyer is in breach of any obligation (including those relating to payment); the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this Contract, if a Client has made payment to clause. 12.4 If any account remains unpaid at the Supplier, and end of the transaction is subsequently reversed, second month after supply of the Client goods or services the following shall be liable for the apply: An immediate amount of the reversed transaction, in addition to any further costs incurred by greater of $50.00 or 10.00% of the Supplier under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 Without prejudice to the Supplier’s other remedies at law the Supplier amount overdue shall be entitled to cancel all or any part of any order of the Client levied for administration fees which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, sum shall become immediately payable ifdue and payable 12.5 In the event that: (a) any money payable to the Supplier Seller becomes overdue, or in the Supplier’s Sellers opinion the Client Buyer will be unable to make a payment when it falls meet to payments as they fall due;; or (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client Buyer becomes insolventInsolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Buyer or any asset of the ClientBuyer; then without prejudice to the Seller’s other remedies at law (i) the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and (ii) all amounts owing to the Seller shall, whether or not due for payment, immediately become payable.

Appears in 1 contract

Samples: Credit Application Agreement

Default and Consequences of Default. 12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, due and payable until the date of payment, payment at a rate of two and a half percent (2.5%) 2% per calendar month (and at the Supplier’s sole discretion month, with such interest shall compound monthly at such a rate) after as well as before any judgmentto be calculated daily and compounded monthly. 12.2 If the Client owes the Supplier defaults in payment of any money invoice or breaches any obligation of this Agreement, the Client shall indemnify the Supplier Company from and against all the Company’s costs and disbursements incurred by relating thereto or arising therefrom including legal costs on a full indemnity basis in addition to all of the Supplier Company’s costs of collection and enforcement. 12.3 Without prejudice to any other remedies the Company may have, if at any time the Client is in recovering the debt breach of any obligation (including but not limited to internal administration fees, legal costs on a solicitor and own client basisthose relating to payment), the Supplier’s collection agency costs, and bank dishonour fees). 12.3 Further Company may without prejudice to any of its other rights at law suspend or remedies terminate the Supplier may have under this Contract, if a Client has made payment supply of the Goods to the Supplier, Client and/or terminate this Agreement and the transaction is subsequently reversed, the Client shall be liable for the amount any of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCompany’s other obligations under this ContractAgreement. The Company will not be liable to the Client for any loss or damage the Client suffers arising from the Company exercising its rights under this clause. 12.4 Without prejudice to In the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable ifevent that: (a) any money payable to the Supplier Company becomes overdue, or in the SupplierCompany’s opinion the Client will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator liquidator, trustee in bankruptcy (provisional or otherwise) ), controller, or similar person is appointed in respect of the Client or any asset of the Client; (d) there is a change in Control of the Company (as defined in the Corporations Xxx 0000 (Cth), (“Insolvency Event”) without the prior written consent of the Company, then without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel all or any part of any order of the Client which remains unperformed and/or terminate this Agreement in addition to and without prejudice to any other remedies, and all amounts owing to the Company shall, whether or not due for payment, immediately become payable. 12.5 Should the Client terminate the Agreement at any time prior to the supply of the Goods, the Client must indemnify the Company for any liability, damages, compensation, expenses or costs that may be incurred as a result of any such termination.

Appears in 1 contract

Samples: General Terms and Conditions of Supply

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Default and Consequences of Default. 12.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 14.2 If the Client Customer owes the Supplier any money the Client Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costscontract default fee, and bank dishonour fees). 12.3 14.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 14 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 14.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierCasafico’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 21.2 If the Client Customer owes the Supplier Casafico any money the Client Customer shall indemnify the Supplier Casafico from and against all costs and disbursements incurred by the Supplier Casafico in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierCasafico’s collection agency costscontract default fee, and bank dishonour fees). 12.3 21.3 Further to any other rights or remedies the Supplier Casafico may have under this Contract, if a Client Customer has made payment to the SupplierCasafico, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Casafico under this clause 12 21 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 21.4 Without prejudice to the SupplierCasafico’s other remedies at law the Supplier Casafico shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Casafico shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Casafico becomes overdue, or in the SupplierCasafico’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierCasafico; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierCompany’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 21.2 If the Client Customer owes the Supplier Company any money the Client Customer shall indemnify the Supplier Company from and against all costs and disbursements incurred by the Supplier Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierCompany’s collection agency costs, and bank dishonour fees). 12.3 21.3 Further to any other rights or remedies the Supplier Company may have under this Contract, if a Client Customer has made payment to the SupplierCompany, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Company under this clause 12 21, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 21.4 Without prejudice to the SupplierCompany’s other remedies at law the Supplier Company shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Company shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Company becomes overdue, or in the SupplierCompany’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierCompany; (c) the Client Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%2.5 ) per calendar month (and at the SupplierRKJ’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 18.2 If the Client owes the Supplier RKJ any money the Client shall indemnify the Supplier RKJ from and against all costs and disbursements incurred by the Supplier RKJ in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierRKJ’s collection agency costs, and bank dishonour fees). 12.3 18.3 Further to any other rights or remedies the Supplier RKJ may have under this Contract, if a Client has made payment to the SupplierRKJ, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier RKJ under this clause 12 18., where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 18.4 Without prejudice to the SupplierRKJ’s other remedies at law the Supplier RKJ shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier RKJ shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier RKJ becomes overdue, or in the SupplierRKJ’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierRKJ; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 19.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costscontract default fees, and bank dishonour fees). 12.3 19.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 19.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierService King’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 16.2 If the Client Customer owes the Supplier Service King any money the Client Customer shall indemnify the Supplier Service King from and against all costs and disbursements incurred by the Supplier Service King in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierService King’s collection agency costs, and bank dishonour fees). 12.3 16.3 Further to any other rights or remedies the Supplier Service King may have under this Contract, if a Client Customer has made payment to the SupplierService King, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Service King under this clause 12 16, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 16.4 Without prejudice to the SupplierService King’s other remedies at law the Supplier Service King shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Service King shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Service King becomes overdue, or in the SupplierService King’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierService King; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierTDD’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 19.2 If the Client Customer owes the Supplier TDD any money the Client Customer shall indemnify the Supplier TDD from and against all costs and disbursements incurred by the Supplier TDD in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client Customer basis, the SupplierTDD’s collection agency costs, and bank dishonour fees). 12.3 19.3 Further to any other rights or remedies the Supplier TDD may have under this Contract, if a Client Customer has made payment to the SupplierTDD, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier TDD under this clause 12 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 19.4 Without prejudice to the SupplierTDD’s other remedies at law the Supplier TDD shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier TDD shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier TDD becomes overdue, or in the SupplierTDD’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierTDD; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 18.1. Should the Customer default in the payment of any statement on due date then all monies due to the Company shall immediately become due and payable and shall be paid by the Customer within seven (7) days of the date of demand. 18.2. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierCompany’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 18.3. If the Client Customer owes the Supplier Company any money the Client Customer shall indemnify the Supplier Company from and against all costs and disbursements incurred by the Supplier Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierCompany’s collection agency costs, and bank dishonour fees). 12.3 Further 18.4. Without prejudice to any other rights or remedies the Supplier Company may have have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these Terms and Conditions the Company may suspend or terminate the supply of Goods to the Customer. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company has exercised its rights under this Contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contractclause. 12.4 18.5. Without prejudice to the SupplierCompany’s other remedies at law the Supplier Company shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Company shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Company becomes overdue, or in the SupplierCompany’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Terms and Conditions of Trade

Default and Consequences of Default. 12.1 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 21.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costscontract default fee, and bank dishonour fees). 12.3 21.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 21 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 21.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Construction Contract

Default and Consequences of Default. 12.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierHFL’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 18.2 If the Client Customer owes the Supplier HFL any money the Client Customer shall indemnify the Supplier HFL from and against all costs and disbursements incurred by the Supplier HFL in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierHFL’s collection agency costs, and bank dishonour fees). 12.3 18.3 Further to any other rights or remedies the Supplier HFL may have under this Contract, if a Client Customer has made payment to the SupplierHFL, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier HFL under this clause 12 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 18.4 Without prejudice to the SupplierHFL’s other remedies at law the Supplier HFL shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier HFL shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier HFL becomes overdue, or in the SupplierHFL’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierHFL; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSeller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 15.2 If the Client owes the Supplier Seller any money the Client shall indemnify the Supplier Seller from and against all costs and disbursements incurred by the Supplier Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierSeller’s collection agency costscontract default fee, and bank dishonour fees). 12.3 15.3 Further to any other rights or remedies the Supplier Seller may have under this Contract, if a Client has made payment to the SupplierSeller, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Seller under this clause 12 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 15.4 Without prejudice to the SupplierSeller’s other remedies at law the Supplier Seller shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierSeller; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 23.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a one half percent (2.5%) per calendar month (and at the SupplierHMC Group Solutions’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 23.2 If the Client owes the Supplier HMC Group Solutions any money the Client shall indemnify the Supplier HMC Group Solutions from and against all costs and disbursements incurred by the Supplier HMC Group Solutions in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierHMC Group Solutions’s collection agency costscontract default fee, and bank dishonour fees). 12.3 23.3 Further to any other rights or remedies the Supplier HMC Group Solutions may have under this Contract, if a the Client has made payment to the SupplierHMC Group Solutions, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier HMC Group Solutions under this clause 12 23 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 23.4 Without prejudice to the SupplierHMC Group Solutions’s other remedies at law the Supplier HMC Group Solutions shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled unperformed and all amounts owing to the Supplier HMC Group Solutions shall, whether or not due for payment, become immediately payable ifin the event that: (a) any money payable to the Supplier HMC Group Solutions becomes overdue, or in the SupplierHMC Group Solutions’s Terms of Hire - V1.0 03/2022 HMC Group Solutions Pty Ltd | 20624155086 opinion the Client will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Client has exceeded any applicable credit limit provided by the SupplierHMC Group Solutions; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a one half percent (2.5%) per calendar month (and at the SupplierPackserv’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 15.2 If the Client owes the Supplier Packserv any money the Client shall indemnify the Supplier Packserv from and against all costs and disbursements incurred by the Supplier Packserv in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierPackserv’s collection agency costscontract default fee, and bank dishonour fees). 12.3 15.3 Further to any other rights or remedies the Supplier Packserv may have under this Contract, if a the Client has made payment to the SupplierPackserv, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Packserv under this clause 12 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 15.4 Without prejudice to the SupplierPackserv’s other remedies at law the Supplier Packserv shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled unperformed and all amounts owing to the Supplier Packserv shall, whether or not due for payment, become immediately payable ifin the event that: (a) any money payable to the Supplier Packserv becomes overdue, or in the SupplierPackserv’s opinion the Client will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Client has exceeded any applicable credit limit provided by the SupplierPackserv; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 4.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) 2.0% per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) rate after as well as before any judgment. 12.2 4.2 If the Client Customer owes the Supplier MBL any money the Client Customer shall indemnify the Supplier MBL from and against all costs and disbursements incurred by the Supplier MBL in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costsMBL's contract default fee, and bank dishonour fees). 12.3 4.3 Further to any other rights or remedies the Supplier MBL may have under this Contractcontract, if a Client Customer has made payment to the SupplierMBL, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier MBL under this clause 12 4 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s Customer's obligations under this Contractcontract. 12.4 4.4 Without prejudice to the Supplier’s MBL's other remedies at law the Supplier MBL shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier MBL shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier MBL becomes overdue, or in the Supplier’s MBL's opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierMBL; (c) the Client Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer. 4.5 Notwithstanding the provisions of this clause MBL reserves the right to suspend or withdraw credit facilities at any time without notice.

Appears in 1 contract

Samples: Credit Application and Security Agreement

Default and Consequences of Default. 12.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSeller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 14.2 If the Client Customer owes the Supplier Seller any money the Client Customer shall indemnify the Supplier Seller from and against all costs and disbursements incurred by the Supplier Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierSeller’s collection agency costscontract default fee, and bank dishonour fees). 12.3 14.3 Further to any other rights or remedies the Supplier Seller may have under this Contract, if a Client Customer has made payment to the SupplierSeller, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Seller under this clause 12 14 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 14.4 Without prejudice to the SupplierSeller’s other remedies at law the Supplier Seller shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierSeller; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Services Agreements

Default and Consequences of Default. 12.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 15.2 If the Client Customer owes the Supplier any money the Client Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costscontract default fee, and bank dishonour fees). 12.3 15.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 15.4 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Supply Agreement

Default and Consequences of Default. 12.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierFT’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 16.2 If the Client owes the Supplier FT any money the Client shall indemnify the Supplier FT from and against all costs and disbursements incurred by the Supplier FT in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierFT’s collection agency costscontract default fee, and bank dishonour fees). 12.3 16.3 Further to any other rights or remedies the Supplier FT may have under this Contract, if a Client has made payment to the SupplierFT, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier FT under this clause 12 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 16.4 Without prejudice to the SupplierFT’s other remedies at law the Supplier FT shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier FT shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier FT becomes overdue, or in the SupplierFT’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierFT; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 23.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 23.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costs, and bank dishonour fees). 12.3 23.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 23, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 23.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierVendor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 18.2 If the Client Purchaser owes the Supplier Vendor any money the Client Purchaser shall indemnify the Supplier Vendor from and against all costs and disbursements incurred by the Supplier Vendor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierVendor’s collection agency costs, and bank dishonour fees). 12.3 Further 18.3 Without prejudice to any other rights or remedies the Supplier Vendor may have have, if at any time the Purchaser is in breach of any obligation (including those relating to payment) under these terms and conditions the Vendor may suspend or terminate the supply of Goods to the Purchaser. The Vendor will not be liable to the Purchaser for any loss or damage the Purchaser suffers because the Vendor has exercised its rights under this Contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contractclause. 12.4 18.4 Without prejudice to the SupplierVendor’s other remedies at law the Supplier Vendor shall be entitled to cancel all or any part of any order of the Client Purchaser which remains unfulfilled and all amounts owing to the Supplier Vendor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Vendor becomes overdue, or in the SupplierVendor’s opinion the Client Purchaser will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client Purchaser becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Purchaser or any asset of the ClientthePurchaser.

Appears in 1 contract

Samples: Vendor and Supplier Contracts

Default and Consequences of Default. 12.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 22.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costscontract default fee, and bank dishonour fees). 12.3 22.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 22 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 22.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s Xxxx Springs’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 13.2 If the Client Customer owes the Supplier Xxxx Springs any money the Client Customer shall indemnify the Supplier Xxxx Springs from and against all costs and disbursements incurred by the Supplier Xxxx Springs in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costsXxxx Springs’ contract default fee, and bank dishonour fees). 12.3 13.3 Further to any other rights or remedies the Supplier Xxxx Springs may have under this Contract, if a Client Customer has made payment to the SupplierXxxx Springs, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Xxxx Springs under this clause 12 13 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 13.4 Without prejudice to the Supplier’s Xxxx Springs’ other remedies at law the Supplier Xxxx Springs shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Xxxx Springs shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Xxxx Springs becomes overdue, or in the Supplier’s Xxxx Springs’ opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierXxxx Springs; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s B&B Timbers’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 14.2 If the Client Customer owes the Supplier B&B Timbers any money the Client Customer shall indemnify the Supplier B&B Timbers from and against all costs and disbursements incurred by the Supplier B&B Timbers in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costsB&B Timbers’ contract default fee, and bank dishonour fees). 12.3 14.3 Further to any other rights or remedies the Supplier B&B Timbers may have under this Contract, if a Client Customer has made payment to the SupplierB&B Timbers by credit card, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier B&B Timbers under this clause 12 14 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 14.4 Without prejudice to the Supplier’s B&B Timbers’ other remedies at law the Supplier B&B Timbers shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier B&B Timbers shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier B&B Timbers becomes overdue, or in the Supplier’s B&B Timbers’ opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s Company’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 13.2 If the Client Customer owes the Supplier Company any money the Client Customer shall indemnify the Supplier Customer from and against all costs and disbursements incurred by the Supplier Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client Customer basis, the Supplier’s collection agency costsCompany’s’ contract default fees, and bank dishonour fees). 12.3 13.3 Further to any other rights or remedies the Supplier Company may have under this Contract, if a Client Customer has made payment to the SupplierCompany by credit card, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Company under this clause 12 1312.3, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 13.4 Without prejudice to the Supplier’s Company’ other remedies at law the Supplier Company shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Company shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Company becomes overdue, or in the SupplierCompany’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or creditors (dother than as specified in the amendments to the Corporations Act 2001 (Cth) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect enacted by Part 2 of the Client or any asset of the ClientTreasury Law Amendment (2017 Enterprise Incentives No.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierTFA Solar’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 18.2 If the Client Customer owes the Supplier TFA Solar any money the Client Customer shall indemnify the Supplier TFA Solar from and against all costs and disbursements incurred by the Supplier TFA Solar in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierTFA Solar’s collection agency costscontract default fee, and bank dishonour fees). 12.3 18.3 Further to any other rights or remedies the Supplier TFA Solar may have under this Contract, if a Client Customer has made payment to the SupplierTFA Solar, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier TFA Solar under this clause 12 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 18.4 Without prejudice to any other remedies TFA Solar may have, if at any time the SupplierCustomer is in breach of any obligation (including those relating to payment) under these terms and conditions TFA Solar may suspend or terminate the supply of Goods to the Customer. TFA Solar will not be liable to the Customer for any loss or damage the Customer suffers because TFA Solar has exercised its rights under this clause. 18.5 Without prejudice to TFA Solar’s other remedies at law the Supplier TFA Solar shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier TFA Solar shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier TFA Solar becomes overdue, or in the SupplierTFA Solar’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierTFA Solar; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s Portcullis’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 19.2 If the Client owes the Supplier Portcullis any money the Client shall indemnify the Supplier Portcullis from and against all costs and disbursements incurred by the Supplier Portcullis in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costsPortcullis’ contract default fee, and bank dishonour fees). 12.3 19.3 Further to any other rights or remedies the Supplier Portcullis may have under this Contract, if a Client has made payment to the SupplierPortcullis, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Portcullis under this clause 12 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 19.4 Without prejudice to the Supplier’s Portcullis’ other remedies at law the Supplier Portcullis shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Portcullis shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Portcullis becomes overdue, or in the Supplier’s Portcullis’ opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierPortcullis; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 8.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierOwner’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 8.2 If the Client Hirer owes the Supplier Owner any money money, the Client Hirer shall indemnify the Supplier Owner from and against all costs and disbursements incurred by the Supplier Owner in recovering the debt (including but not limited to internal administration fees, fees and legal costs on of a solicitor and own client on an indemnity basis, the Supplier’s collection agency costs, and bank dishonour fees). 12.3 Further to any other rights or remedies the Supplier may have under this Contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 8.3 Without prejudice to the SupplierOwner’s other remedies at law law, the Supplier Owner shall be entitled to cancel all or any part of any order of the Client Hirer which remains unfulfilled and all amounts owing to the Supplier Owner shall, whether or not due for payment, become immediately payable if: (a) 8.3.1 any money payable to the Supplier Owner becomes overdue, or in the SupplierOwner’s opinion the Client Hirer will be unable to make a payment when it falls due;. (b) 8.3.2 the Client Hirer has exceeded any applicable credit limit provided by the Supplier;Owner. (c) 8.3.3 the Client Hirer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) 8.3.4 a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Hirer or any asset of the ClientHirer. 8.4 In the event of default by the Hirer, all recovery costs (including but not limited to legal costs and any mercantile agent costs, both on an indemnity basis), incurred by the Owner, shall be deemed to be a debt immediately due and owing by the Hirer to the Owner.. 8.5 THE HIRER XXXXXX AGREES TO CHARGE ITS/HIS/HERS/THEIR INTEREST AND ESTATE IN ALL LAND presently held or hereafter acquired by it/him/her/them so as to better secure the performance of the Hirer of these terms and conditions and the Hirer hereby consents to the lodging of a caveat(s) by the Owner on all Certificate(s) of Title to any land held by the Hirer or its director(s).

Appears in 1 contract

Samples: General Hire Agreement

Default and Consequences of Default. 12.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierGiltrap’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 18.2 If the Client Customer owes the Supplier Giltrap any money the Client Customer shall indemnify the Supplier Giltrap from and against all costs and disbursements incurred by the Supplier Giltrap in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierGiltrap’s collection agency costs, and bank dishonour fees). 12.3 18.3 Further to any other rights or remedies the Supplier Giltrap may have under this Contract, if a Client Customer has made payment to the SupplierGiltrap, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Giltrap under this clause 12 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 18.4 Without prejudice to the SupplierGiltrap’s other remedies at law the Supplier Giltrap shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Giltrap shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Giltrap becomes overdue, or in the SupplierGiltrap’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierGiltrap; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 15.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costscontract default fee, and bank dishonour fees). 12.3 15.3 Further to any other rights or remedies the Supplier Contractor may have under this Contract, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 15.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client. 16.1 Without prejudice to any other remedies the Contractor may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Contractor may suspend or terminate the supply of Services to the Client. The Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor has exercised its rights under this clause. 16.2 The Contractor may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are commenced by giving written notice to the Client. On giving such notice the Contractor shall repay to the Client any money paid by the Client for the Services. The Contractor shall not be liable for any loss or damage whatsoever arising from such cancellation. 16.3 In the event that the Client cancels delivery of the Services the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Contractor as a direct result of the cancellation (including, but not limited to, any loss of profits).

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 13.1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 13.2. If the Client Customer owes the Supplier any money the Client Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costscontract default fee, and bank dishonour fees). 12.3 13.3. Further to any other rights or remedies the Supplier may have under this Contract, if a Client Customer has made payment to the Supplier, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 13 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 13.4. Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Supply Agreement

Default and Consequences of Default. 12.1 18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierJSW’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 18.2 If the Client Customer owes the Supplier JSW any money the Client Customer shall indemnify the Supplier JSW from and against all costs and disbursements incurred by the Supplier JSW in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierJSW’s collection agency costscontract default fee, and bank dishonour fees). 12.3 18.3 Further to any other rights or remedies the Supplier JSW may have under this Contract, if a Client Customer has made payment to the SupplierJSW, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier JSW under this clause 12 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 18.4 Without prejudice to the SupplierJSW’s other remedies at law the Supplier JSW shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier JSW shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier JSW becomes overdue, or in the SupplierJSW’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierJSW; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 22.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSeller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 22.2 If the Client owes the Supplier Seller any money the Client shall indemnify the Supplier Seller from and against all costs and disbursements incurred by the Supplier Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierSeller’s collection agency costs, and bank dishonour fees). 12.3 22.3 Further to any other rights or remedies the Supplier Seller may have under this Contract, if a Client has made payment to the SupplierSeller, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Seller under this clause 12 22, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 22.4 Without prejudice to the SupplierSeller’s other remedies at law the Supplier Seller shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierSeller; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierContractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 16.2 If the Client owes the Supplier Contractor any money the Client shall indemnify the Supplier Contractor from and against all costs and disbursements incurred by the Supplier Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierContractor’s collection agency costscontract default fee, and bank dishonour fees). 12.3 16.3 Further to any other rights or remedies the Supplier Contractor may have under this ContractAgreement, if a Client has made payment to the SupplierContractor, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Contractor under this clause 12 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this ContractAgreement. 12.4 16.4 Without prejudice to the SupplierContractor’s other remedies at law the Supplier Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Contractor becomes overdue, or in the SupplierContractor’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierContractor; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 ‌ 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierADCO’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 21.2 If the Client owes the Supplier ADCO any money the Client shall indemnify the Supplier ADCO from and against all costs and disbursements incurred by the Supplier ADCO in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierADCO’s collection agency costs, and bank dishonour fees). 12.3 21.3 Further to any other rights or remedies the Supplier ADCO may have under this Contract, if a Client has made payment to the SupplierADCO, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier ADCO under this clause 12 21, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 21.4 Without prejudice to the SupplierXXXX’s other remedies at law the Supplier ADCO shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier ADCO shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier ADCO becomes overdue, or in the SupplierXXXX’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the SupplierADCO; (c) the Client becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierUnidan’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 14.2 If the Client Customer owes the Supplier Unidan any money the Client Customer shall indemnify the Supplier Unidan from and against all costs and disbursements incurred by the Supplier Unidan in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierXxxxxx’s collection agency costscontract default fee, and bank dishonour fees). 12.3 14.3 Further to any other rights or remedies the Supplier Unidan may have under this Contract, if a Client Customer has made payment to the SupplierUnidan, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Unidan under this clause 12 14 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 14.4 Without prejudice to the SupplierUnidan’s other remedies at law the Supplier Unidan shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Unidan shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Unidan becomes overdue, or in the SupplierXxxxxx’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierUnidan; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 23.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSeller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 23.2 If the Client Customer owes the Supplier Seller any money the Client Customer shall indemnify the Supplier Seller from and against all costs and disbursements incurred by the Supplier Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierSeller’s collection agency costs, and bank dishonour fees). 12.3 23.3 Further to any other rights or remedies the Supplier Seller may have under this Contract, if a Client Customer has made payment to the SupplierSeller, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Seller under this clause 12 23, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 23.4 Without prejudice to the SupplierSeller’s other remedies at law the Supplier Seller shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierSeller; (c) the Client Customer becomes insolventinsolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSeller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 15.2 If the Client Customer owes the Supplier Seller any money the Client Customer shall indemnify Indemnify the Supplier Seller from and against all costs and disbursements incurred by the Supplier Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierSeller’s collection agency costscontract default fee, and bank dishonour fees). 12.3 15.3 Further to any other rights or remedies the Supplier Seller may have under this Contract, if a Client Customer has made payment to the SupplierSeller, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Seller under this clause 12 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 15.4 Without prejudice to the SupplierSeller’s other remedies at law the Supplier Seller shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierSeller; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

Default and Consequences of Default. 12.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierSeller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 16.2 If the Client Customer owes the Supplier Seller any money the Client Customer shall indemnify the Supplier Seller from and against all costs and disbursements incurred by the Supplier Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierSeller’s collection agency costs, and bank dishonour fees). 12.3 Further 16.3 Without prejudice to any other rights or remedies the Supplier Seller may have under this Contracthave, if a Client has made payment at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Seller may, at their sole discretion: (a) suspend or terminate this agreement and/or any of the Goods, Services and/or Equipment without notice or refund; (b) make an additional charge to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount Customer; or (c) block access to any part of the reversed transactionGoods, in addition to any further costs incurred by the Supplier under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this ContractServices and/or Equipment. 12.4 16.4 Without prejudice to the SupplierSeller’s other remedies at law the Supplier Seller shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Seller becomes overdue, or in the SupplierSeller’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Supplier; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer. 16.5 The Seller will not be liable to the Customer for any loss or damage the Customer suffers because the Seller has exercised its rights under this clause 16.

Appears in 1 contract

Samples: Services Agreements

Default and Consequences of Default. 12.1 16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a one half percent (2.5%) per calendar month (and at the SupplierRJA’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 16.2 If the Client owes the Supplier RJA any money the Client shall indemnify the Supplier RJA from and against all costs and disbursements incurred by the Supplier RJA in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierRJA’s collection agency costscontract default fee, and bank dishonour fees). 12.3 16.3 Further to any other rights or remedies the Supplier RJA may have under this Contract, if a the Client has made payment to the SupplierRJA, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier RJA under this clause 12 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract. 12.4 16.4 Without prejudice to the SupplierRJA’s other remedies at law the Supplier RJA shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled unperformed and all amounts owing to the Supplier RJA shall, whether or not due for payment, become immediately payable ifin the event that: (a) any money payable to the Supplier RJA becomes overdue, or in the SupplierRJA’s opinion the Client will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Client has exceeded any applicable credit limit provided by the SupplierRJA; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Appears in 1 contract

Samples: Service Agreement

Default and Consequences of Default. 12.1 13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the SupplierNewfield Group’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 12.2 13.2 If the Client Customer owes the Supplier Newfield Group any money the Client Customer shall indemnify the Supplier Newfield Group from and against all costs and disbursements incurred by the Supplier Newfield Group in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierNewfield Group’s collection agency costs, and bank dishonour fees). 12.3 13.3 Further to any other rights or remedies the Supplier Newfield Group may have under this Contract, if a Client Customer has made payment to the SupplierNewfield Group, and the transaction is subsequently reversed, the Client Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Newfield Group under this clause 12 10 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract. 12.4 13.4 Without prejudice to the SupplierNewfield Group’s other remedies at law the Supplier Newfield Group shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Newfield Group shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Supplier Newfield Group becomes overdue, or in the SupplierNewfield Group’s opinion the Client Customer will be unable to make a payment when it falls due; (b) the Client Customer has exceeded any applicable credit limit provided by the SupplierNewfield Group; (c) the Client Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client Customer or any asset of the ClientCustomer.

Appears in 1 contract

Samples: Contract

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