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
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, Contract, 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 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 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 SupplierLiveli’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 owes the Supplier Liveli any money the Client shall indemnify the Supplier Liveli from and against all costs and disbursements incurred by the Supplier Liveli in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierLiveli’s collection agency costscontract default fee, and bank dishonour fees).
12.3 Further 8.3 Without prejudice to any other rights or remedies the Supplier Liveli may have under this Contracthave, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, at any time the Client shall be liable for is in breach of any obligation (including those relating to payment) under these terms and conditions Liveli may suspend or terminate or restrict the amount supply 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 Product to the Client’s obligations . Liveli will not be liable to the Client for any loss or damage the Client suffers because Liveli has exercised its rights under this Contractclause.
12.4 8.4 Without prejudice to the SupplierLiveli’s other remedies at law the Supplier Liveli shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled Agreement and all amounts owing to the Supplier Liveli shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Liveli becomes overdue, or in the SupplierLiveli’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 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
(dc) 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: Standard Terms and Conditions, Standard Terms and Conditions, Standard Terms and Conditions
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 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 3 contracts
Samples: Franchise Agreement, 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 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
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 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 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: Warranty, 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
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 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 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
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 SupplierXxxxxxx Air’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 Xxxxxxx Air any money the Client shall indemnify the Supplier Xxxxxxx Air from and against all costs and disbursements incurred by the Supplier Xxxxxxx Air in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierXxxxxxx Air’s collection agency costs, and bank dishonour fees).
12.3 22.3 Further to any other rights or remedies the Supplier Xxxxxxx Air may have under this Contract, if a Client has made payment to the SupplierXxxxxxx Air, 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 Xxxxxxx Air 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 SupplierXxxxxxx Air’s other remedies at law the Supplier Xxxxxxx Air 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 Xxxxxxx Air shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Xxxxxxx Air becomes overdue, or in the SupplierXxxxxxx Air’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 SupplierXxxxxxx Air;
(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
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 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 SupplierWastech’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 Wastech any money the Client Customer shall indemnify the Supplier Wastech from and against all costs and disbursements incurred by the Supplier Wastech in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierWastech’s collection agency costscontract default fee, and bank dishonour fees).
12.3 16.3 Further to any other rights or remedies the Supplier Wastech may have under this Contract, if a Client Customer has made payment to the SupplierWastech, 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 Wastech 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 SupplierWastech’s other remedies at law the Supplier Wastech shall be entitled to cancel cancel
14.4 must allow Wastech to inspect the Goods. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees). Wastech acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees. Except as expressly set out in these terms and conditions or in respect of the Non- Excluded Guarantees, Wastech makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Wastech’s liability in respect of these warranties is limited to the fullest extent permitted by law. all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to the Supplier Wastech shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Wastech becomes overdue, or in the SupplierWastech’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 SupplierWastech;
(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.
14.5 If the Customer is a consumer within the meaning of the CCA, Wastech’s liability is limited to the extent permitted by section 64A of Schedule 2.
14.6 If Wastech is required to replace the Goods under this clause or the CCA, but is unable to do so, Wastech may refund any money the Customer has paid for the Goods.
14.7 If the Customer is not a consumer within the meaning of the CCA, Wastech’s liability for any defect or damage in the Goods is:
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 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 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 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 one half percent (2.5%) per calendar month (and at the SupplierTreetops ELC’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 Parent owes the Supplier Treetops ELC any money the Client Parent shall indemnify the Supplier Treetops ELC from and against all costs and disbursements incurred by the Supplier Treetops ELC in recovering the debt (including but not limited to internal administration fees such as late payment 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 Treetops ELC may have under this ContractAgreement, if a Client Parent has made payment to the SupplierTreetops ELC, and the transaction is subsequently reversed, the Client Parent shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier Treetops ELC under this clause 12 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientParent’s obligations under this ContractAgreement.
12.4 18.4 Without prejudice to the SupplierTreetops ELC’s other remedies at law the Supplier Treetops ELC shall be entitled to cancel all or any part of any order of the Client Parent which remains unfulfilled and all amounts owing to the Supplier Treetops ELC shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Treetops ELC becomes overdue, or in the SupplierTreetops ELC’s opinion the Client Parent 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 Parent 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 Parent or any asset of the ClientParent.
Appears in 2 contracts
Samples: Service Agreement, Educational Services
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 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 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 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 SupplierM.D.L’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 M.D.L any money the Client Customer shall indemnify the Supplier M.D.L from and against all costs and disbursements incurred by the Supplier M.D.L in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierM.D.L’s collection agency costs, and bank dishonour fees).
12.3 19.3 Further to any other rights or remedies the Supplier M.D.L may have under this Contract, if a Client Customer has made payment to the SupplierM.D.L, 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 M.D.L 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 SupplierM.D.L’s other remedies at law the Supplier M.D.L 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 M.D.L shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier M.D.L becomes overdue, or in the SupplierM.D.L’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 SupplierM.D.L;
(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
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 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 SupplierXxxx Electrical’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 Xxxx Electrical any money the Client shall indemnify the Supplier Xxxx Electrical from and against all costs and disbursements incurred by the Supplier Xxxx Electrical in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierXxxx Electrical’s collection agency costs, and bank dishonour fees).
12.3 22.3 Further to any other rights or remedies the Supplier Xxxx Electrical may have under this Contract, if a Client has made payment to the SupplierXxxx Electrical, 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 Xxxx Electrical 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 SupplierXxxx Electrical’s other remedies at law the Supplier Xxxx Electrical 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 Xxxx Electrical shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Xxxx Electrical becomes overdue, or in the SupplierXxxx Electrical’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 SupplierXxxx Electrical;
(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
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
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 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
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 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
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 SupplierConsultant’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 Consultant any money the Client shall indemnify the Supplier Consultant from and against all costs and disbursements incurred by the Supplier Consultant in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierConsultant’s collection agency costs, and bank dishonour fees).
12.3 16.3 Further to any other rights or remedies the Supplier Consultant may have under this Contract, if a Client has made payment to the SupplierConsultant, 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 Consultant 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 SupplierConsultant’s other remedies at law the Supplier Consultant 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 Consultant shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Consultant becomes overdue, or in the SupplierConsultant’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 SupplierConsultant;
(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: Consulting Agreement, Consulting 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 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
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
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 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
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 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 SupplierPipeTech’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 PipeTech any money the Client shall indemnify the Supplier PipeTech from and against all costs and disbursements incurred by the Supplier PipeTech in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierPipeTech’s collection agency costs, and bank dishonour fees).
12.3 18.3 Further to any other rights or remedies the Supplier PipeTech may have under this Contract, if a Client has made payment to the SupplierPipeTech, 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 PipeTech 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 SupplierPipeTech’s other remedies at law the Supplier PipeTech 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 PipeTech shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier PipeTech becomes overdue, or in the SupplierPipeTech’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 SupplierPipeTech;
(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 Interest on overdue invoices 6.1 In the event that the Customer fails to make any payment when due then, without prejudice to the application of any other provision contained in these Terms and Conditions or to any other remedy provided for by these Terms or Conditions or otherwise, interest shall accrue daily on the amount of the overdue payment at the rate of fifteen percent (15%) per annum calculated from the date payment was due.
6.2 In such an event, the Company shall have the right to withhold the supply of Goods and/or Services and to cancel all outstanding orders and retain any payments already made.
6.3 No cheque will be treated as payment if dishonoured despite the issue of a receipt. The Customer will be responsible for any charge or fee issued to the Company for any cheques not met on presentation.
6.4 If the Customer fails to make any payment 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 Customer shall indemnify the Supplier Company from and against all costs and disbursements incurred by the Supplier Company in recovering pursuing the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s and/or collection agency costs, and bank dishonour fees).
12.3 Further 6.5 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 related to payment), the Company may suspend any of its obligations under these Terms and Conditions. The Company will not be liable to the Customer for any Loss 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 6.6 Without prejudice to the Supplier’s any other remedies which the Company may have at law or in equity, 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 paymentand payable, become immediately payable ifin the event that:
(a) any 6.6.1 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 meet its payments as they fall due;; or
(b) the Client has exceeded any applicable credit limit provided by the Supplier;
(c) the Client 6.6.2 The Customer becomes insolvent, convenes a meeting with its creditors or proposes to or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(d) a 6.6.3 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
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 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 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 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).. The Supplier shall not supply any other further products 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 of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 12 Supplier, 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 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.
Appears in 1 contract
Samples: Sales Terms and Conditions
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 SupplierManufacturer’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 Manufacturer any money the Client Customer shall indemnify the Supplier Manufacturer from and against all costs and disbursements incurred by the Supplier Manufacturer in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierManufacturer’s collection agency costscontract default fee, and bank dishonour fees).
12.3 13.3 Further to any other rights or remedies the Supplier Manufacturer may have under this Contract, if a Client Customer has made payment to the SupplierManufacturer, 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 Manufacturer 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 SupplierManufacturer’s other remedies at law the Supplier Manufacturer 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 Manufacturer shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Manufacturer becomes overdue, or in the SupplierManufacturer’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 SupplierManufacturer;
(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 SupplierScafit’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 Scafit any money the Client shall indemnify the Supplier Scafit from and against all costs and disbursements incurred by the Supplier Scafit in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierScafit’s collection agency costs, and bank dishonour fees).
12.3 17.3 Further to any other rights or remedies the Supplier Scafit may have under this Contract, if a Client has made payment to the SupplierScafit, 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 Scafit 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 17.4 Without prejudice to the SupplierScafit’s other remedies at law the Supplier Scafit 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 Scafit shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Scafit becomes overdue, or in the SupplierScafit’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 SupplierScafit;
(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: Scaffolding Hire 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 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 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 Agreement
Default and Consequences of Default. 12.1 11.1 Where an invoice has remained unpaid for 7 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 Solid Surface for any and all reasonable collection costs (in accordance with clause 11.3).
11.2 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 11.3 If the Client owes the Supplier Solid Surface any money the Client shall indemnify the Supplier Solid Surface from and against all costs and disbursements incurred by the Supplier Solid Surface in recovering the debt (including but not limited to internal administration collection fees, legal costs on a solicitor and own client basis, the SupplierSolid Surface’s collection agency costscontract default fee, Court or any other institution filing fees and bank dishonour fees).
12.3 Further 11.4 Without prejudice to any other rights or remedies the Supplier Solid Surface may have under this Contracthave, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, at any time the Client shall be liable for is in breach of any obligation (including those relating to payment) under these terms and conditions Solid Surface may suspend or terminate the amount supply 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 Service to the Client’s obligations . Solid Surface will not be liable to the Client for any loss or damage the Client suffers because Solid Surface has exercised its rights under this Contractclause.
12.4 11.5 Without prejudice to the SupplierSolid Surface’s other remedies at law the Supplier Solid Surface 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 Solid Surface shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Solid Surface becomes overdue, or in the SupplierSolid Surface’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.
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 Supplier’s Xxxxx’x 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 Xxxxx any money money, the Client shall indemnify the Supplier Xxxxx from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, Xxxxx regarding legal costs on a solicitor and own client basis, the Supplier’s collection agency costsinternal administration fees, Xxxxx’x contract fees owing for breach of these terms and conditions, including but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees).
12.3 18.3 Further to any other rights or remedies the Supplier Xxxxx may have under this Contract, if a Client has made payment to the SupplierXxxxx, 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 Xxxxx 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 Xxxxx’x other remedies at law the Supplier Xxxxx 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 Xxxxx shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Xxxxx becomes overdue, or in the Supplier’s Xxxxx’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 SupplierXxxxx;
(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 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 reversedsecond month after supply of the goods or services, the Client 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 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 one half percent (2.5%) per calendar month (and at the SupplierTCF’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 TCF any money the Client shall indemnify the Supplier TCF from and against all costs and disbursements incurred by the Supplier TCF in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierTCF’s collection agency costscontract default fees, and bank dishonour fees).
12.3 21.3 Further to any other rights or remedies the Supplier TCF may have under this Contractcontract, if a Client has made payment to the SupplierTCF, 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 TCF 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 Contractagreement.
12.4 21.4 Without prejudice to the SupplierTCF’s other remedies at law the Supplier TCF shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Supplier TCF shall, whether or not due for payment, become immediately payable ifin the event that:
(a) any money payable to the Supplier TCF becomes overdue, or in the SupplierTCF’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 SupplierTCF;
(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 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 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 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 SupplierPGO’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 PGO any money the Client Customer shall indemnify the Supplier PGO from and against all costs and disbursements incurred by the Supplier PGO in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierPGO’s collection agency costs, and bank dishonour fees).
12.3 19.3 Further to any other rights or remedies the Supplier PGO may have under this Contract, if a Client Customer has made payment to the SupplierPGO, 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 PGO 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 SupplierPGO’s other remedies at law the Supplier PGO 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 PGO shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier PGO becomes overdue, or in the SupplierPGO’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 SupplierPGO;
(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 SupplierTW’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 TW any money the Client shall indemnify the Supplier TW from and against all costs and disbursements incurred by the Supplier TW in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierTW’s collection agency costs, and bank dishonour fees).
12.3 21.3 Further to any other rights or remedies the Supplier TW may have under this Contract, if a Client has made payment to the SupplierTW, 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 TW 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 SupplierTW’s other remedies at law the Supplier TW 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 TW shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier TW becomes overdue, or in the SupplierTW’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 SupplierTW;
(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 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 costs, 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 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 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 the breach remains 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 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 SupplierPronto Hire’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 Pronto Hire any money the Client Customer shall indemnify the Supplier Pronto Hire from and against all costs and disbursements incurred by the Supplier Pronto Hire in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierPronto Hire’s collection agency costs, and bank dishonour fees).
12.3 22.3 Further to any other rights or remedies the Supplier Pronto Hire may have under this Contractcontract, if a Client the Customer has made payment to the SupplierPronto Hire, 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 Pronto Hire 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 any other remedies Pronto Hire may have, if at any time the SupplierCustomer is in breach of any obligation (including those relating to payment) under these terms and conditions Pronto Hire may suspend or terminate the supply of Equipment to the Customer. Pronto Hire will not be liable to the Customer for any loss or damage the Customer suffers because Pronto Hire has exercised its rights under this clause.
22.5 Without prejudice to Pronto Hire’s other remedies at law the Supplier Pronto Hire 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 Pronto Hire shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Pronto Hire becomes overdue, or in the SupplierPronto Hire’s opinion the Client Customer will be unable to make a payment when it falls due;
(b) ; provider or any credit reporting agency for the Client has exceeded any applicable purposes of providing or obtaining a credit limit provided reference, debt collection or notifying a default 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 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 SupplierMHS’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 MHS any money the Client Customer shall indemnify the Supplier MHS from and against all costs and disbursements incurred by the Supplier MHS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierMHS’s collection agency costscontract default fee, and bank dishonour fees).
12.3 14.3 Further to any other rights or remedies the Supplier MHS may have under this Contract, if a Client Customer has made payment to the SupplierMHS, 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 MHS 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 SupplierMHS’s other remedies at law the Supplier MHS 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 MHS shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier MHS becomes overdue, or in the SupplierMHS’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 SupplierMHS;
(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 SupplierRJA’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 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 15.3 Further to any other rights or remedies the Supplier RJA may have under this Contract, if a 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 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 15.4 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 and all amounts owing to the Supplier RJA shall, whether or not due for payment, become immediately payable if:
(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 due;
(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: 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 SupplierMercedes-Benz Unimog Centre’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 Mercedes-Benz Unimog Centre any money the Client Customer shall indemnify the Supplier Mercedes-Benz Unimog Centre from and against all costs and disbursements incurred by the Supplier Mercedes-Benz Unimog Centre in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierMercedes-Benz Unimog Centre’s collection agency costscontract default fee, and bank dishonour fees).
12.3 14.3 Further to any other rights or remedies the Supplier Mercedes-Benz Unimog Centre may have under this Contract, if a Client Customer has made payment to the SupplierMercedes-Benz Unimog Centre, 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 Mercedes-Benz Unimog Centre 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 SupplierMercedes-Benz Unimog Centre’s other remedies at law the Supplier Mercedes-Benz Unimog Centre 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 Mercedes-Benz Unimog Centre shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Mercedes-Benz Unimog Centre becomes overdue, or in the SupplierMercedes-Benz Unimog Centre’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 SupplierMercedes-Benz Unimog Centre;
(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 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 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 one half percent (2.5%) per calendar month (and at the SupplierCarrier’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 Carrier any money the Client shall indemnify the Supplier Carrier from and against all costs and disbursements incurred by the Supplier Carrier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierCarrier’s collection agency costscontract default fees, and bank dishonour fees).
12.3 20.3 Further to any other rights or remedies the Supplier Carrier may have under this Contract, if a Client has made payment to the SupplierCarrier, 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 Carrier 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 20.4 Without prejudice to the SupplierCarrier’s other remedies at law the Supplier Carrier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Supplier Carrier shall, whether or not due for payment, become immediately payable ifin the event that:
(a) any money payable to the Supplier Carrier becomes overdue, or in the SupplierCarrier’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 SupplierCarrier;
(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: Transportation 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 SupplierProtrade’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 Protrade any money the Client Customer shall indemnify the Supplier Protrade from and against all costs and disbursements incurred by the Supplier Protrade in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierProtrade’s collection agency costs, and bank dishonour fees).
12.3 15.3 Further to any other rights or remedies the Supplier Protrade may have under this Contract, if a Client Customer has made payment to the SupplierProtrade, 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 Protrade 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 SupplierXxxxxxxx’s other remedies at law the Supplier Protrade 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 Protrade shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Protrade becomes overdue, or in the SupplierProtrade’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 SupplierProtrade;
(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 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
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 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 Customer basis, the Supplier’s collection agency costscontract default fee, 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 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: 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 SupplierHSS’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 HSS any money the Client shall indemnify the Supplier HSS from and against all costs and disbursements incurred by the Supplier HSS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierHSS’s collection agency costs, and bank dishonour fees).
12.3 19.3 Further to any other rights or remedies the Supplier HSS may have under this Contract, if a Client has made payment to the SupplierHSS, 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 HSS 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 SupplierHSS’s other remedies at law the Supplier HSS 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 HSS shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier HSS becomes overdue, or in the SupplierHSS’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 SupplierHSS;
(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 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 percent (2.5%) 4.75% per calendar month (and at the Supplier’s Guardian Campers and RV Centre 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 Guardian Campers and RV Centre any money the Client Customer shall indemnify the Supplier Guardian Campers and RV Centre from and against all costs and disbursements incurred by the Supplier Guardian Campers and RV Centre 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 costsGuardian Campers and RV Centre contract default fee, and bank dishonour fees).
12.3 11.3 Further to any other rights or remedies the Supplier Guardian Campers and RV Centre may have under this Contract, if a Client Customer has made payment to the SupplierGuardian Campers and RV Centre, 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 Guardian Campers and RV Centre under this clause 12 11 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 11.4 Without prejudice to the Supplier’s Guardian Campers and RV Centre other remedies at law the Supplier Guardian Campers and RV Centre 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 Guardian Campers and RV Centre shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Guardian Campers and RV Centre becomes overdue, or in the Supplier’s Guardian Campers and RV Centre 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: Goods and Services 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 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 18.3 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 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 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 1 contract
Samples: Services 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 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 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 (a) 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 (b) 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 (c) 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 41, 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 (d) 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) or • 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 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
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 SupplierAlchemis’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 Alchemis any money the Client shall indemnify the Supplier Alchemis from and against all costs and disbursements incurred by the Supplier Alchemis in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierAlchemis’s collection agency costs, and bank dishonour fees).
12.3 17.3 Further to any other rights or remedies the Supplier Alchemis may have under this Contract, if a Client has made payment to the SupplierAlchemis, 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 Alchemis 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 SupplierAlchemis’s other remedies at law the Supplier Alchemis 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 Alchemis shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Alchemis becomes overdue, or in the SupplierAlchemis’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 SupplierAlchemis;
(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 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 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 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 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 14 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 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 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 1 contract
Samples: Sales Contracts
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 SupplierPF&T’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 PF&T any money the Client shall indemnify the Supplier PF&T from and against all costs and disbursements incurred by the Supplier PF&T in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierPF&T’s collection agency costs, and bank dishonour fees).
12.3 18.3 Further to any other rights or remedies the Supplier PF&T may have under this Contract, if a Client has made payment to the SupplierPF&T, 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 PF&T 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 SupplierPF&T’s other remedies at law the Supplier PF&T 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 PF&T shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier PF&T becomes overdue, or in the SupplierPF&T’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 SupplierPF&T;
(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 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 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 percent (2.5%) per calendar month (and at the SupplierL.I’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 L.I any money the Client shall indemnify the Supplier L.I from and against all costs and disbursements incurred by the Supplier L.I in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierL.I’s collection agency costscontract default fee, and bank dishonour fees).
12.3 15.3 Further to any other rights or remedies the Supplier L.I may have under this Contract, if a Client has made payment to the SupplierL.I, 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 L.I 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 SupplierL.I’s other remedies at law the Supplier L.I 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 L.I shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier L.I becomes overdue, or in the SupplierL.I’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 SupplierL.I;
(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 LCA reserves the right to suspend or withdraw credit facilities for any reason and at any time without notice.
4.2 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 Supplier’s sole discretion such interest shall compound be calculated monthly at such a rate) rate after as well as before any judgment.
12.2 4.3 If the Client owes the Supplier LCA any money the Client shall indemnify the Supplier LCA from and against all costs and disbursements incurred by the Supplier LCA in recovering the debt (including but not limited to internal administration fees, collection agent commission, legal costs on a solicitor and own client Client basis, the Supplier’s collection agency costsLCA's contract default fee, and bank dishonour fees).
12.3 4.4 Further to any other rights or remedies the Supplier LCA may have under this Contractcontract, if a Client has made payment to the SupplierLCA, 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 LCA 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 's obligations under this Contractcontract.
12.4 4.5 Without prejudice to the Supplier’s LCA's other remedies at law the Supplier LCA 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 LCA shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier LCA becomes overdue, or in the Supplier’s LCA'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 SupplierLCA;
(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: General Terms and Conditions and Security Agreement
Default and Consequences of Default. 12.1 12.1. Where an invoice has remained unpaid for 7 days, a reminder will be sent to the Client, in writing, and an administration fee of $100.00 (exclusive of GST) will be charged to the Client.
12.2. If the invoice remains unpaid after the reminder has been provided, solicitors or collection agents will be engaged and the Client agrees to indemnify ARC for any reasonable collection costs (in accordance with clause 12.3 and clause 12 herein).
12.3. 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 eight percent (2.58%) 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 12.4. If the Client owes the Supplier ARC any money the Client shall indemnify the Supplier ARC from and against all costs and disbursements incurred by the Supplier ARC in recovering the debt (including but not limited to internal administration collection fees, legal costs on a solicitor and own client basis, the SupplierARC’s collection agency costscontract default fee, Court or any other institution filing fees and bank dishonour fees).
12.3 Further 12.5. Without prejudice to any other rights or remedies ARC may have, if at any time the Supplier may have Client is in breach of any obligation (including those relating to payment) under this Contract, if a Client has made payment to Agreement ARC may suspend or terminate the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount supply 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 Service to the Client’s obligations . ARC will not be liable to the Client for any loss or damage the Client suffers because ARC has exercised its rights under this Contractclause.
12.4 12.6. Without prejudice to the Supplier’s ARC other remedies at law the Supplier ARC 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 ARC shall, whether or not due for payment, become immediately payable if:
(a) 12.6.1. any money payable to the Supplier ARC becomes overdue, or in the SupplierXXX’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) 12.6.2. 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) 12.6.3. 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 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 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 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 SupplierLux Electrical’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 Lux Electrical any money the Client shall indemnify the Supplier Lux Electrical from and against all costs and disbursements incurred by the Supplier Lux Electrical in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierLux Electrical’s collection agency costscontract default fee, and bank dishonour fees).
12.3 19.3 Further to any other rights or remedies the Supplier Lux Electrical may have under this Contract, if a Client has made payment to the SupplierLux Electrical, 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 Lux Electrical 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 SupplierLux Electrical’s other remedies at law the Supplier Lux Electrical 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 Lux Electrical shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier Lux Electrical becomes overdue, or in the SupplierLux Electrical’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 SupplierLux Electrical;
(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 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 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 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 SupplierCreativeQ’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 CreativeQ any money the Client shall indemnify the Supplier CreativeQ from and against all costs and disbursements incurred by the Supplier CreativeQ in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the SupplierCreativeQ’s collection agency costs, and bank dishonour fees).
12.3 23.3 Further to any other rights or remedies the Supplier CreativeQ may have under this Contract, if a Client has made payment to the SupplierCreativeQ, 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 CreativeQ 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 any other remedies CreativeQ may have, if at any time the SupplierClient is in breach of any obligation (including those relating to payment) under these terms and conditions CreativeQ may, at their sole discretion:
(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.
23.5 Without prejudice to CreativeQ’s other remedies at law the Supplier CreativeQ 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 CreativeQ shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier CreativeQ becomes overdue, or in the SupplierCreativeQ’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 SupplierCreativeQ;
(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 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 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 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 PDS’ 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 PDS any money the Client shall indemnify the Supplier PDS from and against all costs and disbursements incurred by the Supplier PDS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s PDS’ collection agency costs, and bank dishonour fees).
12.3 19.3 Further to any other rights or remedies the Supplier PDS may have under this Contract, if a Client has made payment to the SupplierPDS, 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 PDS 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 PDS’ other remedies at law the Supplier PDS 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 PDS shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Supplier PDS becomes overdue, or in the Supplier’s PDS’ 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 SupplierPDS;
(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
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 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