Default and Consequences of Default. 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 Proquip’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 16.2 If the Client owes Proquip any money the Client shall indemnify Proquip from and against all costs and disbursements incurred by Proquip in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquip’s contract default fee, and bank dishonour fees). 16.3 Further to any other rights or remedies Proquip may have under this Contract, if a Client has made payment to Proquip, 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 Proquip under this clause 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. 16.4 Without prejudice to Proquip’s other remedies at law Proquip shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip shall, whether or not due for payment, become immediately payable if: (a) any money payable to Proquip becomes overdue, or in Proquip’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 Proquip; (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. 16.1 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 ProquipTreetops ELC’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 18.2 If the Client Parent owes Proquip Treetops ELC any money the Client Parent shall indemnify Proquip Treetops ELC from and against all costs and disbursements incurred by Proquip 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, Proquip’s contract default feecollection agency costs, and bank dishonour fees).
16.3 18.3 Further to any other rights or remedies Proquip Treetops ELC may have under this ContractAgreement, if a Client Parent has made payment to ProquipTreetops 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 Proquip Treetops ELC under this clause 16 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.
16.4 18.4 Without prejudice to ProquipTreetops ELC’s other remedies at law Proquip 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 Proquip Treetops ELC shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Treetops ELC becomes overdue, or in ProquipTreetops 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 Proquip;
(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
Sources: Service Agreement, Educational Services
Default and Consequences of Default. 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 ProquipWastech’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 If the Client Customer owes Proquip Wastech any money the Client Customer shall indemnify Proquip Wastech from and against all costs and disbursements incurred by Proquip Wastech in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipWastech’s contract default fee, and bank dishonour fees).
16.3 Further to any other rights or remedies Proquip Wastech may have under this Contract, if a Client Customer has made payment to ProquipWastech, 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 Proquip Wastech under this clause 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.
16.4 Without prejudice to ProquipWastech’s other remedies at law Proquip 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 Proquip Wastech shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Wastech becomes overdue, or in ProquipWastech’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 ProquipWastech;
(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
Sources: Service Agreement, Service Agreement
Default and Consequences of Default. 16.1 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 ProquipEME Roofing’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 15.2 If the Client owes Proquip EME Roofing any money the Client shall indemnify Proquip EME Roofing from and against all costs and disbursements incurred by Proquip EME Roofing in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipEME Roofing’s contract default fee, and bank dishonour fees).
16.3 15.3 Further to any other rights or remedies Proquip EME Roofing may have under this Contractagreement, if a the Client has made payment to ProquipEME 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 Proquip EME Roofing under this clause 16 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.
16.4 15.4 Without prejudice to ProquipEME Roofing’s other remedies at law Proquip 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 Proquip EME Roofing shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip EME Roofing becomes overdue, or in ProquipEME 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 ProquipEME 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. 16.1 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 Proquipthe Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 14.2 If the Client owes Proquip the Seller any money the Client shall indemnify Proquip the Seller from and against all costs and disbursements incurred by Proquip the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquipthe Seller’s contract default fee, and bank dishonour fees).
16.3 14.3 Further to any other rights or remedies Proquip the Seller may have under this Contract, if a Client has made payment to Proquipthe Seller, 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 Proquip the Seller under this clause 16 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.
16.4 14.4 Without prejudice to Proquipany 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 Seller’s other remedies at law Proquip the Seller shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip the Seller shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip the Seller becomes overdue, or in Proquipthe Seller’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 Proquipthe Seller;
(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
Sources: Contract, Sales Contracts
Default and Consequences of Default. 16.1 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 ProquipScafit’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 17.2 If the Client owes Proquip Scafit any money the Client shall indemnify Proquip Scafit from and against all costs and disbursements incurred by Proquip Scafit in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipScafit’s contract default feecollection agency costs, and bank dishonour fees).
16.3 17.3 Further to any other rights or remedies Proquip Scafit may have under this Contract, if a Client has made payment to ProquipScafit, 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 Proquip Scafit under this clause 16 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.
16.4 17.4 Without prejudice to ProquipScafit’s other remedies at law Proquip Scafit shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip Scafit shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Scafit becomes overdue, or in ProquipScafit’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 ProquipScafit;
(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
Sources: Scaffolding Hire Agreement
Default and Consequences of Default. 16.1 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 Proquipthe Manufacturer’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 13.2 If the Client Customer owes Proquip the Manufacturer any money the Client Customer shall indemnify Proquip the Manufacturer from and against all costs and disbursements incurred by Proquip the Manufacturer in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquipthe Manufacturer’s contract default fee, and bank dishonour fees).
16.3 13.3 Further to any other rights or remedies Proquip the Manufacturer may have under this Contract, if a Client Customer has made payment to Proquipthe Manufacturer, 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 Proquip the Manufacturer under this clause 16 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.
16.4 13.4 Without prejudice to Proquipthe Manufacturer’s other remedies at law Proquip the 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 Proquip the Manufacturer shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip the Manufacturer becomes overdue, or in Proquipthe Manufacturer’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 Proquipthe Manufacturer;
(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
Sources: Contract
Default and Consequences of Default. 16.1 Interest 12.1 In the event of any Default Nexxis shall be entitled to (at its sole discretion and option, and without prejudice to any other remedies Nexxis may have under this Contract, or under law):
(a) treat this Contract as breached and repudiated by the Customer, and with (or without) any notice, accept the repudiation and terminate this Contract; whereupon the Customer shall immediately (at its own cost and expense) return the Equipment to Nexxis;
(b) at any time prior to payment in full of the Charges for the Equipment, or any other Equipment supplied by Nexxis for which payment is outstanding:
(i) suspend or terminate this Contract;
(ii) require the immediate payment of all Charges, in cash, before Delivery (or the performance of any associated services), irrespective of whether or not such are due for payment, or any payment terms previously specified or agreed to between the parties;
(iii) takeover, or repossess, the Equipment, and dispose of such, without prejudice to any claim Nexxis may have against the Customer for any damages or loss resulting from any sale or disposal thereof; and/or
(iv) exercise all rights to the Equipment as the owner thereof; and/or
(c) charge the Customer interest on any overdue invoices payments, which 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 Proquip’s Nexxis’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 If the Client owes Proquip any money the Client shall 12.2 The Customer agrees to indemnify Proquip from Nexxis, and against be responsible for all costs costs, disbursements, charges and disbursements other liabilities incurred by Proquip in recovering the debt Nexxis as a result of any Default (including including, but not limited to to, internal administration fees, legal costs on a solicitor and own client basis, Proquip’s Nexxis’ contract default fee, and bank dishonour fees).
16.3 Further to , or as a result of Nexxis’ enforcement of any other rights term or remedies Proquip may have under condition of this Contract, if a Client has made payment to Proquip, and or arising out of or in any way connected with the transaction is subsequently reversed, the Client shall be liable for the amount use of the reversed transaction, in addition Equipment (subject always to any further costs incurred by Proquip under this clause 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 Contract11).
16.4 Without prejudice to Proquip’s other remedies at law Proquip shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip becomes overdue, or in Proquip’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 Proquip;
(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
Sources: Long Term Lease Agreement
Default and Consequences of Default. 16.1 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 ProquipGenweld’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 19.2 If the Client owes Proquip Genweld any money the Client shall indemnify Proquip Genweld from and against all costs and disbursements incurred by Proquip Genweld in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipGenweld’s contract default feecollection agency costs, and bank dishonour fees).
16.3 19.3 Further to any other rights or remedies Proquip Genweld may have under this Contract, if a Client has made payment to ProquipGenweld, 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 Proquip Genweld under this clause 16 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.
16.4 19.4 Without prejudice to ProquipGenweld’s other remedies at law Proquip Genweld shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip Genweld shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Genweld becomes overdue, or in ProquipGenweld’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 ProquipGenweld;
(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
Sources: Service Agreement
Default and Consequences of Default. 16.1 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 ProquipDesignastyle’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 21.2 If the Client owes Proquip Designastyle any money the Client shall indemnify Proquip Designastyle from and against all costs and disbursements incurred by Proquip Designastyle in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipDesignastyle’s contract default feecollection agency costs, and bank dishonour fees).
16.3 21.3 If the Client does not collect their order within seven (7) days of being notified of its arrival, the Client may be liable for the costs of storage.
21.4 Further to any other rights or remedies Proquip Designastyle may have under this Contract, if a Client has made payment to ProquipDesignastyle, 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 Proquip Designastyle under this clause 16 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.
16.4 21.5 Without prejudice to ProquipDesignastyle’s other remedies at law Proquip Designastyle shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip Designastyle shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Designastyle becomes overdue, or in ProquipDesignastyle’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 ProquipDesignastyle;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 ProquipJacmor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 14.2 If the Client owes Proquip Jacmor any money the Client shall indemnify Proquip Jacmor from and against all costs and disbursements incurred by Proquip Jacmor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipJacmor’s contract default fee, and bank dishonour fees).
16.3 14.3 Further to any other rights or remedies Proquip Jacmor may have under this Contract, if a Client has made payment to ProquipJacmor, 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 Proquip Jacmor under this clause 16 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.
16.4 14.4 Without prejudice to ProquipJacmor’s other remedies at law Proquip Jacmor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip Jacmor shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Jacmor becomes overdue, or in ProquipJacmor’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 ProquipJacmor;
(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
Sources: Contract
Default and Consequences of Default. 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 Proquipthe Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 If the Client owes Proquip the Seller any money the Client shall indemnify Proquip the Seller from and against all costs and disbursements incurred by Proquip the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquipthe Seller’s contract default fee, and bank dishonour fees).
16.3 Further to any other rights or remedies Proquip the Seller may have under this Contract, if a Client has made payment to Proquipthe Seller, 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 Proquip the Seller under this clause 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.
16.4 Without prejudice to Proquipthe Seller’s other remedies at law Proquip the Seller shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip the Seller shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip the Seller becomes overdue, or in Proquipthe Seller’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 Proquipthe Seller;
(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
Sources: Service Agreement
Default and Consequences of Default. 16.1 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 Proquipthe Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 13.2 If the Client owes Proquip the Supplier any money the Client shall indemnify Proquip the Supplier from and against all costs and disbursements incurred by Proquip the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquipthe Supplier’s contract default fee, and bank dishonour fees).
16.3 13.3 Further to any other rights or remedies Proquip the Supplier may have under this Contract, if a Client has made payment to Proquipthe 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 Proquip the Supplier under this clause 16 13 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.
16.4 13.4 Without prejudice to Proquipthe Supplier’s other remedies at law Proquip 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 Proquip the Supplier shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip the Supplier becomes overdue, or in Proquipthe 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 Proquipthe Supplier;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
Appears in 1 contract
Sources: Services Agreement
Default and Consequences of Default. 16.1 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 Proquipthe Company’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 20.2 If the Client owes Proquip the Company any money the Client shall indemnify Proquip the Company from and against all costs and disbursements incurred by Proquip the Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquipthe Company’s contract default fee, and bank dishonour fees).
16.3 20.3 Further to any other rights or remedies Proquip the Company may have under this Contractcontract, if a Client has made payment to Proquipthe Company, 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 Proquip the Company under this clause 16 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 ContractAgreement.
16.4 20.4 Without prejudice to Proquipany other remedies the Company may have, if at any time the Client is in breach of any obligation (including those relating to payment) the Company may suspend or terminate the provision of Services to the Client and any of its other obligations under the terms and conditions, and may (by written notice to the Client) demand that the Client collect the Goods. The Company will not be liable to the Client for any loss or damage the Client suffers because the Company exercised its rights under this clause and where the Client fails to collect the Goods when demanded by the Company to do so, the Company may (at the Client’s expense) remove and relocate the Goods.
20.5 Without prejudice to the Company’s other remedies at law Proquip the Company 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 Proquip the Company shall, whether or not due for payment, become immediately payable ifin the event that:
(a) any money payable to Proquip the Company becomes overdue, or in Proquipthe Company’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 Proquipthe Company;
(c) the Client becomes insolvent/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
Sources: Freight Management Agreement
Default and Consequences of Default. 16.1 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 Proquip’s Home Options’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 17.2 If the Client Customer owes Proquip Home Options any money the Client Customer shall indemnify Proquip Home Options from and against all costs and disbursements incurred by Proquip Home Options in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquip’s Home Options’ contract default fee, and bank dishonour fees).
16.3 17.3 Further to any other rights or remedies Proquip Home Options may have under this Contract, if a Client Customer has made payment to ProquipHome Options, 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 Proquip Home Options under this clause 16 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.
16.4 17.4 Without prejudice to Proquip’s Home Options’ other remedies at law Proquip Home Options shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to Proquip Home Options shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Home Options becomes overdue, or in Proquip’s Home Options’ 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 ProquipHome Options;
(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
Sources: Contract
Default and Consequences of Default. 16.1 15.1 If the Client defaults in making payment to EME Roofing, then without prejudice to EME Roofing’s other remedies at law, all amounts owing by the Client to EME Roofing, whether or not due for payment, shall immediately become payable without a demand from EME Roofing.
15.2 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 ProquipEME Roofing’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 15.3 If the Client owes Proquip EME Roofing any money the Client shall indemnify Proquip EME Roofing from and against all costs and disbursements incurred by Proquip EME Roofing in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipEME Roofing’s contract default fee, and bank dishonour fees).
16.3 15.4 Further to any other rights or remedies Proquip EME Roofing may have under this Contract, if a the Client has made payment to ProquipEME 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 Proquip EME Roofing under this clause 16 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.
16.4 15.5 Without prejudice to ProquipEME Roofing’s other remedies at law Proquip law, 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 Proquip EME Roofing shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip EME Roofing becomes overdue, or in ProquipEME 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 ProquipEME 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, and EME Roofing will not be liable to the Client for any loss or damage the Client suffers due to EME Roofing exercising its rights under this clause.
15.6 A statement of account issued by EME Roofing is conclusive proof of the Client’s indebtedness to EME Roofing.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 16.1 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 Proquip’s Guardian Campers and RV Centre sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 11.2 If the Client Customer owes Proquip Guardian Campers and RV Centre any money the Client Customer shall indemnify Proquip Guardian Campers and RV Centre from and against all costs and disbursements incurred by Proquip 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, Proquip’s Guardian Campers and RV Centre contract default fee, and bank dishonour fees).
16.3 11.3 Further to any other rights or remedies Proquip Guardian Campers and RV Centre may have under this Contract, if a Client Customer has made payment to ProquipGuardian 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 Proquip Guardian Campers and RV Centre under this clause 16 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.
16.4 11.4 Without prejudice to Proquip’s Guardian Campers and RV Centre other remedies at law Proquip 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 Proquip Guardian Campers and RV Centre shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Guardian Campers and RV Centre becomes overdue, or in Proquip’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 Proquip;
(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
Sources: Goods and Services Agreement
Default and Consequences of Default. 16.1 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 ProquipLux Electrical’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 19.2 If the Client owes Proquip Lux Electrical any money the Client shall indemnify Proquip Lux Electrical from and against all costs and disbursements incurred by Proquip Lux Electrical in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipLux Electrical’s contract default fee, and bank dishonour fees).
16.3 19.3 Further to any other rights or remedies Proquip Lux Electrical may have under this Contract, if a Client has made payment to ProquipLux 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 Proquip Lux Electrical under this clause 16 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.
16.4 19.4 Without prejudice to ProquipLux Electrical’s other remedies at law Proquip 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 Proquip Lux Electrical shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Lux Electrical becomes overdue, or in ProquipLux 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 ProquipLux 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
Sources: Contract
Default and Consequences of Default. 16.1 25.1 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 Proquipthe Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 25.2 If the Client owes Proquip the Supplier any money money, the Client shall indemnify Proquip the Supplier from and against all costs and disbursements disbursements:
(a) incurred; and/or
(b) which would be incurred and/or
(c) for which by Proquip the Client would be liable; in recovering the debt (including but not limited regard to internal administration fees, legal costs on a solicitor and own client basisbasis incurred in exercising the Supplier’s rights under these terms and conditions, Proquipinternal administration fees, the Supplier’s contract fees owing for breach of these terms and conditions’, including, but not limited to, contract default feefees and/or recovery costs (if applicable), and as well as bank dishonour fees).
16.3 25.3 The Supplier will seek the service of collection agencies and or solicitor after giving two (2) days’ notice to the designated email address once an invoice is overdue. In such cases all cost associated with collection and legal proceeding will be charged to the Client and become due immediately.
25.4 At the Supplier’s sole discretion report any outstanding balance to credit rating agencies after giving two (2) days’ notice to the Client.
25.5 Further to any other rights or remedies Proquip the Supplier may have under this Contract, if a the Client has made payment to Proquipthe 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 Proquip the Supplier under this clause 16 25 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.
16.4 25.6 Without prejudice to Proquipthe Supplier’s other remedies at law Proquip the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled unperformed and all amounts owing to Proquip the Supplier shall, whether or not due for payment, become immediately payable ifin the event that:
(a) any money payable to Proquip the Supplier becomes overdue, or in Proquipthe Supplier’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 Proquipthe Supplier;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
Appears in 1 contract
Sources: Master Hire Agreement
Default and Consequences of Default. 16.1 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 Proquipthe Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 17.2 If the Client Buyer owes Proquip the Seller any money the Client Buyer shall indemnify Proquip the Seller from and against all costs and disbursements incurred by Proquip the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquipthe Seller’s contract default feecollection agency costs, and bank dishonour fees).
16.3 17.3 Further to any other rights or remedies Proquip the Seller may have under this Contract, if a Client Buyer has made payment to Proquipthe Seller, 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 Proquip the Seller under this clause 16 17 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.
16.4 17.4 Without prejudice to Proquipthe Seller’s other remedies at law Proquip the 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 Proquip the Seller shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip the Seller becomes overdue, or in Proquipthe Seller’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 Proquipthe Seller;
(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
Sources: Sales Contracts
Default and Consequences of Default. 16.1 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 ProquipCeil Power Systems’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 14.2 If the Client owes Proquip Ceil Power Systems any money the Client shall indemnify Proquip Ceil Power Systems from and against all costs and disbursements incurred by Proquip Ceil Power Systems in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipCeil Power Systems’s contract default fee, and bank dishonour fees).
16.3 14.3 Further to any other rights or remedies Proquip Ceil Power Systems may have under this Contract, if a Client has made payment to ProquipCeil Power Systems, 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 Proquip Ceil Power Systems under this clause 16 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.
16.4 14.4 Without prejudice to ProquipCeil Power Systems’s other remedies at law Proquip Ceil Power Systems shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip Ceil Power Systems shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Ceil Power Systems becomes overdue, or in ProquipCeil Power Systems’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 ProquipCeil Power Systems;
(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
Sources: Contract
Default and Consequences of Default. 16.1 26.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two two- and a one-half percent (2.5%) per calendar month (and at ProquipPukekohe Hiab Transport’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 26.2 If the Client Customer owes Proquip Pukekohe Hiab Transport any money the Client Customer shall indemnify Proquip Pukekohe Hiab Transport from and against all costs and disbursements incurred by Proquip Pukekohe Hiab Transport in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipPukekohe Hiab Transport’s contract default feecollection agency costs, and bank dishonour fees).
16.3 26.3 Further to any other rights or remedies Proquip Pukekohe Hiab Transport may have under this Contract, if a Client the Customer has made payment to ProquipPukekohe Hiab Transport, 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 Proquip Pukekohe Hiab Transport under this clause 16 26 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.
16.4 26.4 Without prejudice to ProquipPukekohe Hiab Transport’s other remedies at law Proquip Pukekohe Hiab Transport shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled unperformed in addition to and without prejudice to any other remedies and all amounts owing to Proquip Pukekohe Hiab Transport shall, whether or not due for payment, become immediately payable ifin the event that:
(a) any money payable to Proquip Pukekohe Hiab Transport becomes overdue, or in ProquipPukekohe Hiab Transport’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 Customer has exceeded any applicable credit limit provided by ProquipPukekohe Hiab Transport;
(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
Sources: Transportation Agreement
Default and Consequences of Default. 16.1 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 ProquipPipeTech’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 18.2 If the Client owes Proquip PipeTech any money the Client shall indemnify Proquip PipeTech from and against all costs and disbursements incurred by Proquip PipeTech in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipPipeTech’s contract default feecollection agency costs, and bank dishonour fees).
16.3 18.3 Further to any other rights or remedies Proquip PipeTech may have under this Contract, if a Client has made payment to ProquipPipeTech, 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 Proquip PipeTech under this clause 16 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.
16.4 18.4 Without prejudice to ProquipPipeTech’s other remedies at law Proquip PipeTech shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip PipeTech shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip PipeTech becomes overdue, or in ProquipPipeTech’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 ProquipPipeTech;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 Proquipthe Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 22.2 If the Client Buyer owes Proquip the Seller any money the Client Buyer shall indemnify Proquip the Seller from and against all costs and disbursements incurred by Proquip the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquipthe Seller’s contract default feecollection agency costs, and bank dishonour fees).
16.3 22.3 Further to any other rights or remedies Proquip the Seller may have under this Contract, if a Client Buyer has made payment to Proquipthe Seller, 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 Proquip the Seller under this clause 16 22 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.
16.4 22.4 Without prejudice to Proquipthe Seller’s other remedies at law Proquip the 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 Proquip the Seller shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip the Seller becomes overdue, or in Proquipthe Seller’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 Proquipthe Seller;
(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
Sources: Services Agreements
Default and Consequences of Default. 16.1 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 Proquip’s NGPS’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 14.2 If the Client Customer owes Proquip NGPS any money the Client Customer shall indemnify Proquip NGPS from and against all costs and disbursements incurred by Proquip NGPS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquip’s NGPS’ contract default fee, and bank dishonour fees).
16.3 14.3 Further to any other rights or remedies Proquip NGPS may have under this Contract, if a Client Customer has made payment to ProquipNGPS, 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 Proquip NGPS under this clause 16 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.
16.4 14.4 Without prejudice to Proquip’s any other remedies NGPS may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions NGPS may suspend or terminate the supply of Goods/Equipment to the Customer. NGPS will not be liable to the Customer for any loss or damage the Customer suffers because NGPS has exercised its rights under this clause.
14.5 Without prejudice to NGPS’ other remedies at law Proquip NGPS shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to Proquip NGPS shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip NGPS becomes overdue, or in Proquip’s NGPS’ 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 ProquipNGPS;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 ProquipDWW’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 13.2 If the Client Customer owes Proquip DWW any money the Client Customer shall indemnify Proquip DWW from and against all costs and disbursements incurred by Proquip DWW in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipDWW’s contract default fee, and bank dishonour fees).
16.3 13.3 Further to any other rights or remedies Proquip DWW may have under this Contract, if a Client Customer has made payment to ProquipDWW, 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 Proquip DWW under this clause 16 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 Contractagreement.
16.4 13.4 Without prejudice to Proquipany other remedies DWW may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions DWW may suspend or terminate the supply of Goods/Equipment to the Customer. DWW will not be liable to the Customer for any loss or damage the Customer suffers because DWW has exercised its rights under this clause.
13.5 Without prejudice to DWW’s other remedies at law Proquip DWW shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to Proquip DWW shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip DWW becomes overdue, or in ProquipDWW’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 ProquipDWW;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 ProquipTML’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 18.2 If the Client owes Proquip TML any money the Client shall indemnify Proquip TML from and against all costs and disbursements incurred by Proquip TML in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipTML’s contract default fee, and bank dishonour fees).
16.3 18.3 Further to any other rights or remedies Proquip TML may have under this Contract, if a Client has made payment to ProquipTML, 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 Proquip TML under this clause 16 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.
16.4 18.4 Without prejudice to ProquipTML’s other remedies at law Proquip TML shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip TML shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip TML becomes overdue, or in ProquipTML’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 ProquipTML;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 ProquipHiHo’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 20.2 If the Client Customer owes Proquip HiHo any money the Client Customer shall indemnify Proquip HiHo from and against all costs and disbursements incurred by Proquip HiHo in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipHiHo’s contract default feecollection agency fees, and bank dishonour fees).
16.3 20.3 Further to any other rights or remedies Proquip HiHo may have under this Contractcontract, if a Client Customer has made payment to ProquipHiHo, 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 Proquip HiHo under this clause 16 20 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientCustomer’s obligations under this Contract.
16.4 20.4 Without prejudice to Proquipany other remedies HiHo may have, if at any time the Customer is in breach of any obligation (including those relating to payment, whether or not the payment is due to HiHo) HiHo may suspend or terminate the provision of Services to the Customer, (this includes but is not restricted to, withholding domain codes, passwords and Products, and/or blocking or restricting public and Customer access to the Web Site, or removing the Web Site from the web completely) and any of its other obligations under the terms and conditions. HiHo will not be liable to the Customer for any loss or damage the Customer suffers because HiHo has exercised its rights under this clause.
20.5 Without prejudice to HiHo’s other remedies at law Proquip HiHo shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to Proquip HiHo shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip HiHo becomes overdue, or in ProquipHiHo’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 ProquipHiHo;
(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
Sources: Contract
Default and Consequences of Default. 16.1 28.1 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 Proquip’s Southern Furniture Movers’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 28.2 If the Client owes Proquip Southern Furniture Movers any money the Client shall indemnify Proquip Southern Furniture Movers from and against all costs and disbursements incurred by Proquip Southern Furniture Movers in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquip’s contract default feeSouthern Furniture Movers’ collection agency costs, and bank dishonour fees).
16.3 28.3 Further to any other rights or remedies Proquip Southern Furniture Movers may have under this Contract, if a the Client has made payment to ProquipSouthern Furniture Movers, 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 Proquip Southern Furniture Movers under this clause 16 28 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.
16.4 28.4 Without prejudice to Proquip’s Southern Furniture Movers’ other remedies at law Proquip Southern Furniture Movers 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 Proquip Southern Furniture Movers shall, whether or not due for payment, become immediately payable ifin the event that:
(a) any money payable to Proquip Southern Furniture Movers becomes overdue, or in Proquip’s Southern Furniture Movers’ 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 ProquipSouthern Furniture Movers;
(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
Sources: Transportation Agreement
Default and Consequences of Default. 16.1 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 Proquip▇▇▇▇’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 15.2 If the Client owes Proquip TITA any money the Client shall indemnify Proquip TITA from and against all costs and disbursements incurred by Proquip TITA in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquip▇▇▇▇’s contract default fee, and bank dishonour fees).
16.3 15.3 Further to any other rights or remedies Proquip TITA may have under this Contract, if a Client has made payment to ProquipTITA, 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 Proquip TITA under this clause 16 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.
16.4 15.4 Without prejudice to Proquipany other remedies TITA may have, if at any time the Client is in breach of any obligation (including those relating to payment, whether or not the payment is due to TITA) TITA may suspend or terminate the provision of Services to the Client, and any of its other obligations under the terms and conditions. TITA will not be liable to the Client for any loss or damage the Client suffers because TITA has exercised its rights under this clause.
15.5 Without prejudice to ▇▇▇▇’s other remedies at law Proquip TITA shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip TITA shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip TITA becomes overdue, or in Proquip▇▇▇▇’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 ProquipTITA;
(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
Sources: Service Agreement
Default and Consequences of Default. 16.1 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 ProquipMercedes-Benz Unimog Centre’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 14.2 If the Client Customer owes Proquip Mercedes-Benz Unimog Centre any money the Client Customer shall indemnify Proquip Mercedes-Benz Unimog Centre from and against all costs and disbursements incurred by Proquip 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, ProquipMercedes-Benz Unimog Centre’s contract default fee, and bank dishonour fees).
16.3 14.3 Further to any other rights or remedies Proquip Mercedes-Benz Unimog Centre may have under this Contract, if a Client Customer has made payment to ProquipMercedes-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 Proquip Mercedes-Benz Unimog Centre under this clause 16 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.
16.4 14.4 Without prejudice to ProquipMercedes-Benz Unimog Centre’s other remedies at law Proquip 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 Proquip Mercedes-Benz Unimog Centre shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Mercedes-Benz Unimog Centre becomes overdue, or in ProquipMercedes-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 ProquipMercedes-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
Sources: Service Agreement
Default and Consequences of Default. 16.1 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 ProquipCreativeQ’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 23.2 If the Client owes Proquip CreativeQ any money the Client shall indemnify Proquip CreativeQ from and against all costs and disbursements incurred by Proquip CreativeQ in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipCreativeQ’s contract default feecollection agency costs, and bank dishonour fees).
16.3 23.3 Further to any other rights or remedies Proquip CreativeQ may have under this Contract, if a Client has made payment to ProquipCreativeQ, 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 Proquip CreativeQ under this clause 16 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.
16.4 23.4 Without prejudice to Proquipany other remedies CreativeQ may have, if at any time the Client 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 Proquip CreativeQ shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip CreativeQ shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip CreativeQ becomes overdue, or in ProquipCreativeQ’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 ProquipCreativeQ;
(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
Sources: Service Agreement
Default and Consequences of Default. 16.1 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 Proquip’s sole discretion such interest shall compound be calculated monthly at such a rate) rate after as well as before any judgment.
16.2 4.3 If the Client owes Proquip LCA any money the Client shall indemnify Proquip LCA from and against all costs and disbursements incurred by Proquip 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, Proquip’s LCA's contract default fee, and bank dishonour fees).
16.3 4.4 Further to any other rights or remedies Proquip LCA may have under this Contractcontract, if a Client has made payment to ProquipLCA, 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 Proquip LCA under this clause 16 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.
16.4 4.5 Without prejudice to Proquip’s LCA's other remedies at law Proquip LCA shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip LCA shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip LCA becomes overdue, or in Proquip’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 ProquipLCA;
(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
Sources: General Terms and Conditions and Security Agreement
Default and Consequences of Default. 16.1 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 ProquipMonash Glass’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 17.2 If the Client owes Proquip Monash Glass any money the Client shall indemnify Proquip Monash Glass from and against all costs and disbursements incurred by Proquip Monash Glass in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipMonash Glass’s contract default fee, and bank dishonour fees).
16.3 17.3 Further to any other rights or remedies Proquip Monash Glass may have under this Contract, if a Client has made payment to ProquipMonash Glass, 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 Proquip Monash Glass under this clause 16 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.
16.4 17.4 Without prejudice to ProquipMonash Glass’s other remedies at law Proquip Monash Glass shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip Monash Glass shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Monash Glass becomes overdue, or in ProquipMonash ▇▇▇▇▇’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 ProquipMonash Glass;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 ProquipSoftlink’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 19.2 If the Client owes Proquip Softlink any money the Client shall indemnify Proquip Softlink from and against all costs and disbursements incurred by Proquip Softlink in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipSoftlink’s contract default feecollection agency costs, and bank dishonour fees).
16.3 19.3 Further to any other rights or remedies Proquip Softlink may have under this Contract, if a Client has made payment to ProquipSoftlink, 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 Proquip Softlink under this clause 16 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.
16.4 19.4 Without prejudice to ProquipSoftlink’s other remedies at law Proquip Softlink shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip Softlink shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Softlink becomes overdue, or in ProquipSoftlink’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 ProquipSoftlink;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 ProquipParamount’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 21.2 If the Client owes Proquip Paramount any money the Client shall indemnify Proquip Paramount from and against all costs and disbursements incurred by Proquip Paramount in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipParamount’s contract default feecollection agency costs, and bank dishonour fees).
16.3 21.3 Further to any other rights or remedies Proquip Paramount may have under this Contract, if a Client has made payment to ProquipParamount, 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 Proquip Paramount under this clause 16 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.
16.4 21.4 Without prejudice to Proquipany other remedies Paramount may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Paramount may suspend or terminate the supply of Goods to the Client. Paramount will not be liable to the Client for any loss or damage the Client suffers because Paramount has exercised its rights under this clause.
21.5 Without prejudice to Paramount’s other remedies at law Proquip Paramount shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip Paramount shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Paramount becomes overdue, or in ProquipParamount’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 ProquipParamount;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 Proquip’s Expressway Spares’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 13.2 If the Client Customer owes Proquip Expressway Spares any money the Client Customer shall indemnify Proquip Expressway Spares from and against all costs and disbursements incurred by Proquip Expressway Spares in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquip’s Expressway Spares’ contract default fee, and bank dishonour fees).
16.3 13.3 Further to any other rights or remedies Proquip Expressway Spares may have under this Contract, if a Client Customer has made payment to ProquipExpressway Spares, 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 Proquip Expressway Spares under this clause 16 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.
16.4 13.4 Without prejudice to Proquip’s Expressway Spares’ other remedies at law Proquip Expressway Spares shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to Proquip Expressway Spares shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Expressway Spares becomes overdue, or in Proquip’s Expressway Spares’ 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 ProquipExpressway Spares;
(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
Sources: Contract
Default and Consequences of Default. 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 ProquipStill Standing Sheetmetal’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 If the Client Customer owes Proquip Still Standing Sheetmetal any money the Client Customer shall indemnify Proquip Still Standing Sheetmetal from and against all costs and disbursements incurred by Proquip Still Standing Sheetmetal in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipStill Standing Sheetmetal’s contract default fee, and bank dishonour fees).
16.3 Further to any other rights or remedies Proquip Still Standing Sheetmetal may have under this Contract, if a Client Customer has made payment to ProquipStill Standing Sheetmetal, 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 Proquip Still Standing Sheetmetal under this clause 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.
16.4 Without prejudice to ProquipStill Standing Sheetmetal’s other remedies at law Proquip Still Standing Sheetmetal shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to Proquip Still Standing Sheetmetal shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Still Standing Sheetmetal becomes overdue, or in ProquipStill Standing Sheetmetal’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 ProquipStill Standing Sheetmetal;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 Proquip’s Commercial Painting Group Pty Ltd's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 15.2 If the Client owes Proquip Commercial Painting Group Pty Ltd any money the Client shall indemnify Proquip Commercial Painting Group Pty Ltd from and against all costs and disbursements incurred by Proquip Commercial Painting Group Pty Ltd in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquip’s Commercial Painting Group Pty Ltd's contract default fee, and bank dishonour fees).
16.3 15.3 Further to any other rights or remedies Proquip Commercial Painting Group Pty Ltd may have under this Contract, if a Client has made payment to ProquipCommercial Painting Group Pty Ltd, 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 Proquip Commercial Painting Group Pty Ltd under this clause 16 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 Contract.
16.4 15.4 Without prejudice to Proquip’s Commercial Painting Group Pty Ltd's other remedies at law Proquip Commercial Painting Group Pty Ltd shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip Commercial Painting Group Pty Ltd shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Commercial Painting Group Pty Ltd becomes overdue, or in Proquip’s Commercial Painting Group Pty Ltd'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 ProquipCommercial Painting Group Pty Ltd;
(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
Sources: Terms of Trade
Default and Consequences of Default. 16.1 Interest on overdue invoices shall accrue daily from 14.1 The following are events of default hereunder and include, but are not limited to, where the date Client:
(a) fails to pay the Price (or any part) to the Supplier when due;
(b) fails to take delivery of or collect Equipment or return it after the hire period has ended;
(c) fails to provide a certificate of currency of insurance after being requested to do so;
(d) exceeds any applicable credit limit provided by the Supplier and in the Supplier’s opinion the Client will be unable to make a payment when it falls due;
(e) becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Proquip’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgmentInsolvent.
16.2 14.2 In the event of the Client’s default and without limiting any other rights that the Supplier has under this Agreement:
(a) the Supplier may immediately terminate the Agreement;
(b) the Supplier may suspend or terminate supply of the Goods/Equipment;
(c) the Supplier may cancel all or any part of any order of the Client which remains unfulfilled;
(d) all amounts that are due and owing by the Client to the Supplier will be immediately due and payable without any set-off or deduction by the Client whatsoever, and the Supplier will be entitled to issue proceedings in a court of competent jurisdiction against the Client and/or Guarantor (if any) for recovery of all amounts which remain unpaid.
14.3 If the Client owes Proquip the Supplier any money the Client shall indemnify Proquip the Supplier from and against all costs and disbursements incurred by Proquip the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquipthe Supplier’s contract default fee, and bank dishonour fees).
16.3 14.4 Further to any other rights or remedies Proquip the Supplier may have under this ContractAgreement, if a Client has made payment to Proquipthe 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 Proquip the Supplier under this clause 16 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 ContractAgreement.
16.4 Without prejudice to Proquip’s other remedies at law Proquip shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip becomes overdue, or in Proquip’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 Proquip;
(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
Sources: Terms & Conditions of Trade
Default and Consequences of Default. 16.1 23.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a one half percent (2.5%) per calendar month (and at Proquip’s Canberra Containers sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 23.2 If the Client Customer owes Proquip Canberra Containers any money the Client Customer shall indemnify Proquip Canberra Containers from and against all costs and disbursements incurred by Proquip Canberra Containers in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquip’s Canberra Containers contract default feefees, and bank dishonour fees).
16.3 23.3 Further to any other rights or remedies Proquip Canberra Containers may have under this Contractcontract, if a Client the Customer has made payment to ProquipCanberra Containers 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 Proquip Canberra Containers under this clause 16 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.
16.4 23.4 Without prejudice to Proquip’s Canberra Containers other remedies at law Proquip Canberra Containers shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled unperformed in addition to and without prejudice to any other remedies and all amounts owing to Proquip Canberra Containers shall, whether or not due for payment, become immediately payable ifin the event that:
(a) any money payable to Proquip Canberra Containers becomes overdue, or in Proquip’s Canberra Containers 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 Customer has exceeded any applicable credit limit provided by ProquipCanberra Containers;
(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
Sources: Contract
Default and Consequences of Default. 16.1 26.1 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 Proquip’s BSS’ sole discretion such interest shall compound monthly at such a rate) after as well as before prior to any judgment.
16.2 26.2 If the Client owes Proquip BSS any money the Client shall indemnify Proquip BSS from and against all costs and disbursements incurred by Proquip BSS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquip’s contract default fee, and bank dishonour BSS’ collection agency fees).
16.3 26.3 Further to any other rights or remedies Proquip BSS may have under this Contractcontract, if a Client has made payment to ProquipBSS, 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 Proquip BSS under this clause 16 26 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.
16.4 26.4 Without prejudice to Proquip’s any other remedies BSS may have, if at any time the Client is in breach of any obligation (including those relating to payment, whether the payment is due or not to BSS) BSS may suspend or terminate the provision of Products and/or Services to the Client and any of its other obligations under the Terms and Conditions. BSS will not be liable to the Client for any loss or damage the Client suffers because BSS has exercised its rights under this clause.
26.5 Without prejudice to BSS’ other remedies at law Proquip BSS shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip BSS shall, whether or not due for paymentpayment or not, become immediately payable if:
(a) any money payable to Proquip BSS becomes overdue, or in Proquip’s BSS’ 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 ProquipBSS;
(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
Sources: Terms and Conditions
Default and Consequences of Default. 16.1 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 Proquipthe Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 13.2 If the Client Buyer owes Proquip the Seller any money the Client Buyer shall indemnify Proquip the Seller from and against all costs and disbursements incurred by Proquip the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquipthe Seller’s contract default fee, and bank dishonour fees).
16.3 13.3 Further to any other rights or remedies Proquip the Seller may have under this Contract, if a Client Buyer has made payment to Proquipthe Seller, 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 Proquip the Seller under this clause 16 13 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientBuyer’s obligations under this Contract.
16.4 13.4 Without prejudice to Proquipthe Seller’s other remedies at law Proquip the 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 Proquip the Seller shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip the Seller becomes overdue, or in Proquipthe Seller’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 Proquipthe Seller;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 ProquipPronto Hire’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 22.2 If the Client Customer owes Proquip Pronto Hire any money the Client Customer shall indemnify Proquip Pronto Hire from and against all costs and disbursements incurred by Proquip Pronto Hire in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipPronto Hire’s contract default feecollection agency costs, and bank dishonour fees).
16.3 22.3 Further to any other rights or remedies Proquip Pronto Hire may have under this Contractcontract, if a Client the Customer has made payment to ProquipPronto 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 Proquip Pronto Hire under this clause 16 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.
16.4 22.4 Without prejudice to Proquipany other remedies Pronto Hire may have, if at any time the Customer 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 Proquip 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 Proquip Pronto Hire shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Pronto Hire becomes overdue, or in ProquipPronto Hire’s opinion the Client Customer will be unable to make a payment when it falls due;
(b) the Client has exceeded ; provider or any applicable credit limit provided by Proquip;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment reporting agency for the benefit purposes of its creditors; or
(d) providing or obtaining a receivercredit reference, manager, liquidator (provisional debt collection or otherwise) or similar person is appointed in respect of notifying a default by the Client or any asset of the ClientCustomer.
Appears in 1 contract
Sources: Contract
Default and Consequences of Default. 16.1 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 ProquipChillwell Limited’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 22.2 If the Client owes Proquip Chillwell Limited any money the Client shall indemnify Proquip Chillwell Limited from and against all costs and disbursements incurred by Proquip Chillwell Limited in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipChillwell Limited’s contract default feecollection agency costs, and bank dishonour fees).
16.3 22.3 Further to any other rights or remedies Proquip Chillwell Limited may have under this Contract, if a Client has made payment to ProquipChillwell Limited, 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 Proquip Chillwell Limited under this clause 16 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.
16.4 22.4 Without prejudice to ProquipChillwell Limited’s other remedies at law Proquip Chillwell Limited shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip Chillwell Limited shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Chillwell Limited becomes overdue, or in ProquipChillwell Limited’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 ProquipChillwell Limited;
(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
Sources: Contract
Default and Consequences of Default. 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 ProquipTSCW’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 If the Client owes Proquip TSCW any money the Client shall indemnify Proquip TSCW from and against all costs and disbursements incurred by Proquip TSCW in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipTSCW’s contract default fee, and bank dishonour fees).
16.3 Further to any other rights or remedies Proquip TSCW may have under this Contract, if a Client has made payment to ProquipTSCW, 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 Proquip TSCW under this clause 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.
16.4 Without prejudice to ProquipTSCW’s other remedies at law Proquip TSCW shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip TSCW shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip TSCW becomes overdue, or in ProquipTSCW’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 ProquipTSCW;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 ProquipOlectric’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 18.2 If the Client Customer owes Proquip Olectric any money the Client Customer shall indemnify Proquip Olectric from and against all costs and disbursements incurred by Proquip Olectric in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipOlectric’s contract default fee, and bank dishonour fees).
16.3 18.3 Further to any other rights or remedies Proquip Olectric may have under this Contract, if a Client Customer has made payment to ProquipOlectric, 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 Proquip Olectric under this clause 16 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.
16.4 18.4 Without prejudice to ProquipOlectric’s other remedies at law Proquip Olectric shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to Proquip Olectric shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Olectric becomes overdue, or in ProquipOlectric’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 ProquipOlectric;
(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
Sources: Contract
Default and Consequences of Default. 16.1 21.1 Interest on overdue invoices shall accrue accrues daily from the date when payment becomes due, until the date of payment, at a rate of two one and a half percent (2.51.5%) per calendar month (and at ProquipGroove Tiles & Stone’s sole discretion such interest shall will compound monthly at such a rate) after as well as before any judgment.
16.2 21.2 If the Client Customer owes Proquip Groove Tiles & Stone any money the Client shall Customer must indemnify Proquip Groove Tiles & Stone from and against all costs and disbursements incurred by Proquip Groove Tiles & Stone in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipGroove Tiles & Stone’s contract default feecollection agency costs, and bank dishonour fees).
16.3 Further 21.3 Without prejudice to any other remedies Groove Tiles & Stone may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these Terms Groove Tiles & Stone may suspend or terminate the supply of Goods to the Customer. Groove Tiles & Stone will not be liable to the Customer for any loss or damage the Customer suffers because Groove Tiles & Stone has exercised its rights or remedies Proquip may have under this Contract, if a Client has made payment to Proquip, 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 Proquip under this clause 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 Contractclause.
16.4 21.4 Without prejudice to ProquipGroove Tiles & Stone’s other remedies at law Proquip shall be Groove Tiles & Stone is entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to Proquip shallGroove Tiles & Stone, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Groove Tiles & Stone becomes overdue, or in ProquipGroove Tiles & Stone’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 Proquip;
(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
Sources: Terms and Conditions of Sale
Default and Consequences of Default. 16.1 7.1 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 Proquip’s P & M Fireplaces’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 7.2 If the Client Customer owes Proquip P & M Fireplaces any money the Client Customer shall indemnify Proquip P & M Fireplaces from and against all costs and disbursements incurred by Proquip P & M Fireplaces in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquip’s contract default feeP & M Fireplaces’ collection agency costs, and bank dishonour fees).
16.3 7.3 Further to any other rights or remedies Proquip P & M Fireplaces may have under this Contract, if a Client Customer has made payment to ProquipP & M Fireplaces, 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 Proquip P & M Fireplaces under this clause 16 7, 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.
16.4 7.4 Without prejudice to Proquip’s P & M Fireplaces’ other remedies at law Proquip P & M Fireplaces shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to Proquip P & M Fireplaces shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip P & M Fireplaces becomes overdue, or in Proquip’s P & M Fireplaces’ 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 ProquipP & M Fireplaces;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 ProquipWalkie Talkie’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 17.2 If the Client owes Proquip Walkie Talkie any money the Client shall indemnify Proquip Walkie Talkie from and against all costs and disbursements incurred by Proquip Walkie Talkie in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipWalkie Talkie’s contract default feecollection agency costs, and bank dishonour fees).
16.3 17.3 Further to any other rights or remedies Proquip Walkie Talkie may have under this Contract, if a Client has made payment to ProquipWalkie Talkie, 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 Proquip Walkie Talkie under this clause 16 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.
16.4 17.4 Without prejudice to ProquipWalkie Talkie’s other remedies at law Proquip Walkie Talkie shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip Walkie Talkie shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Walkie Talkie becomes overdue, or in ProquipWalkie Talkie’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 ProquipWalkie Talkie;
(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
Sources: Service Agreement
Default and Consequences of Default. 16.1 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 ProquipAlchemis’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 17.2 If the Client owes Proquip Alchemis any money the Client shall indemnify Proquip Alchemis from and against all costs and disbursements incurred by Proquip Alchemis in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipAlchemis’s contract default feecollection agency costs, and bank dishonour fees).
16.3 17.3 Further to any other rights or remedies Proquip Alchemis may have under this Contract, if a Client has made payment to ProquipAlchemis, 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 Proquip Alchemis under this clause 16 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.
16.4 17.4 Without prejudice to ProquipAlchemis’s other remedies at law Proquip Alchemis shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip Alchemis shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Alchemis becomes overdue, or in ProquipAlchemis’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 ProquipAlchemis;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 Proquipthe Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 15.2 If the Client owes Proquip the Seller any money the Client shall indemnify Proquip the Seller from and against all costs and disbursements incurred by Proquip the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquipthe Seller’s contract default fee, and bank dishonour fees).
16.3 15.3 Further to any other rights or remedies Proquip the Seller may have under this Contract, if a Client has made payment to Proquipthe Seller, 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 Proquip the Seller under this clause 16 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.
16.4 15.4 Without prejudice to Proquipthe Seller’s other remedies at law Proquip the Seller shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip the Seller shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip the Seller becomes overdue, or in Proquipthe Seller’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 Proquipthe Seller;
(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
Sources: Sales Contracts
Default and Consequences of Default. 16.1 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 ProquipPronto Hire’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 22.2 If the Client Customer owes Proquip Pronto Hire any money the Client Customer shall indemnify Proquip Pronto Hire from and against all costs and disbursements incurred by Proquip Pronto Hire in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipPronto Hire’s contract default feecollection agency costs, and bank dishonour fees).
16.3 22.3 Further to any other rights or remedies Proquip Pronto Hire may have under this Contractcontract, if a Client the Customer has made payment to ProquipPronto 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 Proquip Pronto Hire under this clause 16 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.
16.4 22.4 Without prejudice to Proquipany other remedies Pronto Hire may have, if at any time the Customer 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 Proquip 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 Proquip Pronto Hire shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Pronto Hire becomes overdue, or in ProquipPronto Hire’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 allowed by ProquipPronto Hire;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 ProquipCNBH’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 12.2 If the Client Member owes Proquip CNBH any money the Client Member shall indemnify Proquip CNBH from and against all costs and disbursements incurred by Proquip CNBH in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipCNBH’s contract default fee, and bank dishonour fees).
16.3 12.3 Further to any other rights or remedies Proquip CNBH may have under this ContractAgreement, if a Client Member has made payment to ProquipCNBH, and the transaction is subsequently reversed, the Client Member shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Proquip CNBH under this clause 16 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the ClientMember’s obligations under this ContractAgreement.
16.4 12.4 Without prejudice to Proquipany other remedies CNBH may have, if at any time the Member is in breach of any obligation (including those relating to payment) under these terms and conditions CNBH may suspend or terminate the supply of Services to the Member. Directory Listings may be removed after thirty (30) days, if the Member’s account remains unpaid. If the Member wishes to recommence Services with CNBH, a new Subscription Agreement needs to be entered into. CNBH will not be liable to the Member for any loss or damage the Member suffers because CNBH has exercised its rights under this clause.
12.5 Without prejudice to CNBH’s other remedies at law Proquip CNBH shall be entitled to cancel all or any part of any order of the Client Member which remains unfulfilled and all amounts owing to Proquip CNBH shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip CNBH becomes overdue, or in ProquipCNBH’s opinion the Client Member will be unable to make a payment when it falls due;
(b) the Client Member has exceeded any applicable credit limit provided by ProquipCNBH;
(c) the Client Member 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 Member or any asset of the ClientMember.
Appears in 1 contract
Sources: Service Agreement
Default and Consequences of Default. 16.1 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 ProquipWaimak Engineering ’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 18.2 If the Client Customer owes Proquip Waimak Engineering any money the Client Customer shall indemnify Proquip Waimak Engineering from and against all costs and disbursements incurred by Proquip Waimak Engineering in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipWaimak Engineering’s contract default feecollection agency costs, and bank dishonour fees).
16.3 18.3 Further to any other rights or remedies Proquip Waimak Engineering may have under this Contract, if a Client Customer has made payment to ProquipWaimak Engineering , 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 Proquip Waimak Engineering under this clause 16 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.
16.4 18.4 Without prejudice to ProquipWaimak Engineering ’s other remedies at law Proquip Waimak Engineering shall be entitled to cancel all or any part of any order of the Client Customer which remains unfulfilled and all amounts owing to Proquip Waimak Engineering shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Waimak Engineering becomes overdue, or in ProquipWaimak Engineering ’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 ProquipWaimak Engineering ;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 Proquip’s Couchmans’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 20.2 If the Client owes Proquip Couchmans any money the Client shall indemnify Proquip Couchmans from and against all costs and disbursements incurred by Proquip Couchmans in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquip’s contract default feeCouchmans’ collection agency costs, and bank dishonour fees).
16.3 20.3 Further to any other rights or remedies Proquip Couchmans may have under this Contract, if a Client has made payment to ProquipCouchmans, 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 Proquip Couchmans under this clause 16 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.
16.4 20.4 Without prejudice to Proquip’s Couchmans’ other remedies at law Proquip Couchmans shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip Couchmans shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip Couchmans becomes overdue, or in Proquip’s Couchmans’ 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 ProquipCouchmans;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 Proquipthe Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 15.2 If the Client Buyer owes Proquip the Seller any money the Client Buyer shall indemnify Proquip the Seller from and against all costs and disbursements incurred by Proquip the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquipthe Seller’s contract default fee, and bank dishonour fees).
16.3 15.3 Further to any other rights or remedies Proquip the Seller may have under this Contract, if a Client Buyer has made payment to Proquipthe Seller, 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 Proquip the Seller under this clause 16 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.
16.4 15.4 Without prejudice to Proquipthe Seller’s other remedies at law Proquip the 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 Proquip the Seller shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip the Seller becomes overdue, or in Proquipthe Seller’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 Proquipthe Seller;
(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
Sources: Sales Contracts
Default and Consequences of Default. 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 Proquipthe Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 If the Client Buyer owes Proquip the Seller any money the Client Buyer shall indemnify Proquip the Seller from and against all costs and disbursements incurred by Proquip the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquipthe Seller’s contract default feecollection agency costs, and bank dishonour fees).
16.3 Further to any other rights or remedies Proquip the Seller may have under this Contract, if a Client Buyer has made payment to Proquipthe Seller, 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 Proquip the Seller under this clause 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.
16.4 Without prejudice to Proquipthe Seller’s other remedies at law Proquip the 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 Proquip the Seller shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip the Seller becomes overdue, or in Proquipthe Seller’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 Proquipthe Seller;
(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
Sources: Sales Contracts
Default and Consequences of Default. 16.1 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 Proquip▇▇▇▇▇▇ ElectriCool Pty Ltd’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 18.2 If the Client owes Proquip ▇▇▇▇▇▇ ElectriCool Pty Ltd any money the Client shall indemnify Proquip ▇▇▇▇▇▇ ElectriCool Pty Ltd from and against all costs and disbursements incurred by Proquip ▇▇▇▇▇▇ ElectriCool Pty Ltd in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquip▇▇▇▇▇▇ ElectriCool Pty Ltd’s contract default fee, and bank dishonour fees).
16.3 18.3 Further to any other rights or remedies Proquip ▇▇▇▇▇▇ ElectriCool Pty Ltd may have under this Contract, if a Client has made payment to Proquip▇▇▇▇▇▇ ElectriCool Pty Ltd, 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 Proquip ▇▇▇▇▇▇ ElectriCool Pty Ltd under this clause 16 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.
16.4 18.4 Without prejudice to Proquip▇▇▇▇▇▇ ElectriCool Pty Ltd’s other remedies at law Proquip ▇▇▇▇▇▇ ElectriCool Pty Ltd shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip ▇▇▇▇▇▇ ElectriCool Pty Ltd shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip ▇▇▇▇▇▇ ElectriCool Pty Ltd becomes overdue, or in Proquip▇▇▇▇▇▇ ElectriCool Pty Ltd’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 Proquip▇▇▇▇▇▇ ElectriCool Pty Ltd;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 ProquipMPSL’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 15.2 If the Client owes Proquip MPSL any money the Client shall indemnify Proquip MPSL from and against all costs and disbursements incurred by Proquip MPSL in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ProquipMPSL’s contract default feecollection agency costs, and bank dishonour fees).
16.3 15.3 Further to any other rights or remedies Proquip MPSL may have under this Contract, if a Client has made payment to ProquipMPSL, 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 Proquip MPSL under this clause 16 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.
16.4 15.4 Without prejudice to ProquipMPSL’s other remedies at law Proquip MPSL shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Proquip MPSL shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Proquip MPSL becomes overdue, or in ProquipMPSL’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 ProquipMPSL;
(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
Sources: Contract
Default and Consequences of Default. 16.1 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 Proquipthe Carrier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 20.2 If the Client owes Proquip the Carrier any money the Client shall indemnify Proquip the Carrier from and against all costs and disbursements incurred by Proquip the Carrier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Proquipthe Carrier’s contract default feefees, and bank dishonour fees).
16.3 20.3 Further to any other rights or remedies Proquip the Carrier may have under this Contract, if a Client has made payment to Proquipthe Carrier, 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 Proquip the Carrier under this clause 16 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.
16.4 20.4 Without prejudice to Proquipthe Carrier’s other remedies at law Proquip the 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 Proquip the Carrier shall, whether or not due for payment, become immediately payable ifin the event that:
(a) any money payable to Proquip the Carrier becomes overdue, or in Proquipthe Carrier’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 Proquipthe Carrier;
(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
Sources: Transport Agreement