Common use of Default and Consequences of Default Clause in 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 Wastech’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 16.2 If the Customer owes Wastech any money the Customer shall indemnify Wastech from and against all costs and disbursements incurred by Wastech in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastech’s contract default fee, and bank dishonour fees). 16.3 Further to any other rights or remedies Wastech may have under this Contract, if a Customer has made payment to Wastech, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this Contract. 16.4 Without prejudice to Wastech’s other remedies at law Wastech shall be entitled to 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 Customer which remains unfulfilled and all amounts owing to Wastech shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech becomes overdue, or in Wastech’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by Wastech; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 14.5 If the Customer is a consumer within the meaning of the CCA, Wastech’s liability is limited to the extent permitted by section 64A of Schedule 2. 14.6 If Wastech is required to replace the Goods under this clause or the CCA, but is unable to do so, Wastech may refund any money the Customer has paid for the Goods. 14.7 If the Customer is not a consumer within the meaning of the CCA, Wastech’s liability for any defect or damage in the Goods is:

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

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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 WastechTreetops 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 Customer Parent owes Wastech Treetops ELC any money the Customer Parent shall indemnify Wastech Treetops ELC from and against all costs and disbursements incurred by Wastech 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, Wastech’s contract default feecollection agency costs, and bank dishonour fees). 16.3 18.3 Further to any other rights or remedies Wastech Treetops ELC may have under this ContractAgreement, if a Customer Parent has made payment to WastechTreetops ELC, and the transaction is subsequently reversed, the Customer Parent shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerParent’s obligations under this ContractAgreement. 16.4 18.4 Without prejudice to WastechTreetops ELC’s other remedies at law Wastech Treetops ELC shall be entitled to 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. cancel all or any part of any order of the Customer Parent which remains unfulfilled and all amounts owing to Wastech Treetops ELC shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Treetops ELC becomes overdue, or in WastechTreetops ELC’s opinion the Customer Parent will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by Wastech; (c) the Customer 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 Customer Parent or any asset of the CustomerParent. 14.5 If the Customer is a consumer within the meaning of the CCA, Wastech’s liability is limited to the extent permitted by section 64A of Schedule 2. 14.6 If Wastech is required to replace the Goods under this clause or the CCA, but is unable to do so, Wastech may refund any money the Customer has paid for the Goods. 14.7 If the Customer is not a consumer within the meaning of the CCA, Wastech’s liability for any defect or damage in the Goods is:

Appears in 2 contracts

Samples: Service Agreement, Educational Services

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 Wastechthe 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 Customer Client owes Wastech the Seller any money the Customer Client shall indemnify Wastech the Seller from and against all costs and disbursements incurred by Wastech the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Seller’s contract default feecollection agency costs, and bank dishonour fees). 16.3 22.3 Further to any other rights or remedies Wastech the Seller may have under this Contract, if a Customer Client has made payment to Wastechthe Seller, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 22.4 Without prejudice to Wastechthe Seller’s other remedies at law Wastech the Seller shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech the Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech the Seller becomes overdue, or in Wastechthe Seller’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by Wastechthe Seller; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 14.5 If the Customer is a consumer within the meaning of the CCA, Wastech’s liability is limited to the extent permitted by section 64A of Schedule 2. 14.6 If Wastech is required to replace the Goods under this clause or the CCA, but is unable to do so, Wastech may refund any money the Customer has paid for the Goods. 14.7 If the Customer is not a consumer within the meaning of the CCA, Wastech’s liability for any defect or damage in the Goods is:

Appears in 2 contracts

Samples: Warranty, Sales 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 WastechXxxx Electrical’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 Customer Client owes Wastech Xxxx Electrical any money the Customer Client shall indemnify Wastech Xxxx Electrical from and against all costs and disbursements incurred by Wastech Xxxx Electrical in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechXxxx Electrical’s contract default feecollection agency costs, and bank dishonour fees). 16.3 22.3 Further to any other rights or remedies Wastech Xxxx Electrical may have under this Contract, if a Customer Client has made payment to WastechXxxx Electrical, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech Xxxx Electrical under this clause 16 22, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the CustomerClient’s obligations under this Contract. 16.4 22.4 Without prejudice to WastechXxxx Electrical’s other remedies at law Wastech Xxxx Electrical shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Xxxx Electrical shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Xxxx Electrical becomes overdue, or in WastechXxxx Electrical’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechXxxx Electrical; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 14.5 If the Customer is a consumer within the meaning of the CCA, Wastech’s liability is limited to the extent permitted by section 64A of Schedule 2. 14.6 If Wastech is required to replace the Goods under this clause or the CCA, but is unable to do so, Wastech may refund any money the Customer has paid for the Goods. 14.7 If the Customer is not a consumer within the meaning of the CCA, Wastech’s liability for any defect or damage in the Goods is:

Appears in 2 contracts

Samples: Contract, 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 WastechXxxxxxx Air’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 Customer Client owes Wastech Xxxxxxx Air any money the Customer Client shall indemnify Wastech Xxxxxxx Air from and against all costs and disbursements incurred by Wastech Xxxxxxx Air in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechXxxxxxx Air’s contract default feecollection agency costs, and bank dishonour fees). 16.3 22.3 Further to any other rights or remedies Wastech Xxxxxxx Air may have under this Contract, if a Customer Client has made payment to WastechXxxxxxx Air, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech Xxxxxxx Air under this clause 16 22, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the CustomerClient’s obligations under this Contract. 16.4 22.4 Without prejudice to WastechXxxxxxx Air’s other remedies at law Wastech Xxxxxxx Air shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Xxxxxxx Air shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Xxxxxxx Air becomes overdue, or in WastechXxxxxxx Air’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechXxxxxxx Air; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 14.5 If the Customer is a consumer within the meaning of the CCA, Wastech’s liability is limited to the extent permitted by section 64A of Schedule 2. 14.6 If Wastech is required to replace the Goods under this clause or the CCA, but is unable to do so, Wastech may refund any money the Customer has paid for the Goods. 14.7 If the Customer is not a consumer within the meaning of the CCA, Wastech’s liability for any defect or damage in the Goods is:

Appears in 2 contracts

Samples: Contract, 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 Wastechthe 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 Customer Buyer owes Wastech the Seller any money the Customer Buyer shall indemnify Wastech the Seller from and against all costs and disbursements incurred by Wastech the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Seller’s contract default feecollection agency costs, and bank dishonour fees). 16.3 22.3 Further to any other rights or remedies Wastech the Seller may have under this Contract, if a Customer Buyer has made payment to Wastechthe Seller, and the transaction is subsequently reversed, the Customer Buyer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerBuyer’s obligations under this Contract. 16.4 22.4 Without prejudice to Wastechthe Seller’s other remedies at law Wastech the Seller shall be entitled to 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. cancel all or any part of any order of the Customer Buyer which remains unfulfilled and all amounts owing to Wastech the Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech the Seller becomes overdue, or in Wastechthe Seller’s opinion the Customer Buyer will be unable to make a payment when it falls due; (b) the Customer Buyer has exceeded any applicable credit limit provided by Wastechthe Seller; (c) the Customer 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 Customer Buyer or any asset of the CustomerBuyer. 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 1 contract

Samples: Services Agreements

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 Wastechthe 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 Customer Client owes Wastech the Company any money the Customer Client shall indemnify Wastech the Company from and against all costs and disbursements incurred by Wastech the Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Company’s contract default fee, and bank dishonour fees). 16.3 20.3 Further to any other rights or remedies Wastech the Company may have under this Contractcontract, if a Customer Client has made payment to Wastechthe Company, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this ContractAgreement. 16.4 20.4 Without prejudice to Wastechany 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 Wastech the Company shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled unperformed in addition to and without prejudice to any other remedies and all amounts owing to Wastech the Company shall, whether or not due for payment, become immediately payable ifin the event that: (a) any money payable to Wastech the Company becomes overdue, or in Wastechthe Company’s opinion the Customer Client will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Customer Client has exceeded any applicable credit limit provided by Wastechthe Company; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: Freight Management Agreement

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 WastechChillwell 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 Customer Client owes Wastech Chillwell Limited any money the Customer Client shall indemnify Wastech Chillwell Limited from and against all costs and disbursements incurred by Wastech Chillwell Limited in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechChillwell Limited’s contract default feecollection agency costs, and bank dishonour fees). 16.3 22.3 Further to any other rights or remedies Wastech Chillwell Limited may have under this Contract, if a Customer Client has made payment to WastechChillwell Limited, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 22.4 Without prejudice to WastechChillwell Limited’s other remedies at law Wastech Chillwell Limited shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Chillwell Limited shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Chillwell Limited becomes overdue, or in WastechChillwell Limited’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechChillwell Limited; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 Wastech’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 Customer Client owes Wastech Southern Furniture Movers any money the Customer Client shall indemnify Wastech Southern Furniture Movers from and against all costs and disbursements incurred by Wastech Southern Furniture Movers in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastech’s contract default feeSouthern Furniture Movers’ collection agency costs, and bank dishonour fees). 16.3 28.3 Further to any other rights or remedies Wastech Southern Furniture Movers may have under this Contract, if a Customer the Client has made payment to WastechSouthern Furniture Movers, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 28.4 Without prejudice to Wastech’s Southern Furniture Movers’ other remedies at law Wastech Southern Furniture Movers shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled unperformed in addition to and without prejudice to any other remedies and all amounts owing to Wastech Southern Furniture Movers shall, whether or not due for payment, become immediately payable ifin the event that: (a) any money payable to Wastech Southern Furniture Movers becomes overdue, or in Wastech’s Southern Furniture Movers’ opinion the Customer Client will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Customer Client has exceeded any applicable credit limit provided by WastechSouthern Furniture Movers; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: Transportation 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 Wastechthe 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 Customer Buyer owes Wastech the Seller any money the Customer Buyer shall indemnify Wastech the Seller from and against all costs and disbursements incurred by Wastech the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Seller’s contract default fee, and bank dishonour fees). 16.3 13.3 Further to any other rights or remedies Wastech the Seller may have under this Contract, if a Customer Buyer has made payment to Wastechthe Seller, and the transaction is subsequently reversed, the Customer Buyer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerBuyer’s obligations under this Contract. 16.4 13.4 Without prejudice to Wastechthe Seller’s other remedies at law Wastech the Seller shall be entitled to 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. cancel all or any part of any order of the Customer Buyer which remains unfulfilled and all amounts owing to Wastech the Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech the Seller becomes overdue, or in Wastechthe Seller’s opinion the Customer Buyer will be unable to make a payment when it falls due; (b) the Customer Buyer has exceeded any applicable credit limit provided by Wastechthe Seller; (c) the Customer 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 Customer Buyer or any asset of the CustomerBuyer. 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 1 contract

Samples: Sales 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 WastechGroove 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 Customer owes Wastech Groove Tiles & Stone any money the Customer shall must indemnify Wastech Groove Tiles & Stone from and against all costs and disbursements incurred by Wastech Groove Tiles & Stone in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechGroove Tiles & Stone’s contract default feecollection agency costs, and bank dishonour fees). 16.3 Further 21.3 Without prejudice to any other rights or remedies Wastech Groove Tiles & Stone may have under this Contracthave, if a Customer has made payment to Wastech, and the transaction is subsequently reversed, at any time the Customer shall be liable for is in breach of any obligation (including those relating to payment) under these Terms Groove Tiles & Stone may suspend or terminate the amount supply of the reversed transaction, in addition to any further costs incurred by Wastech under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention Goods to the Customer’s obligations . 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 under this Contractclause. 16.4 21.4 Without prejudice to WastechGroove Tiles & Stone’s other remedies at law Wastech shall be Groove Tiles & Stone is entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech shallGroove Tiles & Stone, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Groove Tiles & Stone becomes overdue, or in WastechGroove Tiles & Stone’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by Wastech; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: Terms and Conditions of Sale

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 WastechXxxx Hire’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 16.2 If the Customer Client owes Wastech Xxxx Hire any money the Customer Client shall indemnify Wastech Xxxx Hire from and against all costs and disbursements incurred by Wastech Xxxx Hire in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechXxxx Hire’s contract default fee, and bank dishonour fees). 16.3 Further to any other rights or remedies Wastech Xxxx Hire may have under this Contract, if a Customer Client has made payment to WastechXxxx Hire, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech Xxxx Hire under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the CustomerClient’s obligations under this Contract. 16.4 Without prejudice to WastechXxxx Hire’s other remedies at law Wastech Xxxx Hire shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Xxxx Hire shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Xxxx Hire becomes overdue, or in WastechXxxx Hire’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechXxxx Xxxx; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: Contract

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 Wastech’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 Customer Client owes Wastech LCA any money the Customer Client shall indemnify Wastech LCA from and against all costs and disbursements incurred by Wastech 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, Wastech’s LCA's contract default fee, and bank dishonour fees). 16.3 4.4 Further to any other rights or remedies Wastech LCA may have under this Contractcontract, if a Customer Client has made payment to WastechLCA, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s Client's obligations under this Contractcontract. 16.4 4.5 Without prejudice to Wastech’s LCA's other remedies at law Wastech LCA shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech LCA shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech LCA becomes overdue, or in Wastech’s LCA's opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechLCA; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 Wastechthe 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 Customer Buyer owes Wastech the Seller any money the Customer Buyer shall indemnify Wastech the Seller from and against all costs and disbursements incurred by Wastech the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Seller’s contract default feecollection agency costs, and bank dishonour fees). 16.3 17.3 Further to any other rights or remedies Wastech the Seller may have under this Contract, if a Customer Buyer has made payment to Wastechthe Seller, and the transaction is subsequently reversed, the Customer Buyer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerBuyer’s obligations under this Contract. 16.4 17.4 Without prejudice to Wastechthe Seller’s other remedies at law Wastech the Seller shall be entitled to 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. cancel all or any part of any order of the Customer Buyer which remains unfulfilled and all amounts owing to Wastech the Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech the Seller becomes overdue, or in Wastechthe Seller’s opinion the Customer Buyer will be unable to make a payment when it falls due; (b) the Customer Buyer has exceeded any applicable credit limit provided by Wastechthe Seller; (c) the Customer 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 Customer Buyer or any asset of the CustomerBuyer. 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 1 contract

Samples: 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 WastechCeil 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 Customer Client owes Wastech Ceil Power Systems any money the Customer Client shall indemnify Wastech Ceil Power Systems from and against all costs and disbursements incurred by Wastech Ceil Power Systems in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechCeil Power Systems’s contract default fee, and bank dishonour fees). 16.3 14.3 Further to any other rights or remedies Wastech Ceil Power Systems may have under this Contract, if a Customer Client has made payment to WastechCeil Power Systems, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 14.4 Without prejudice to WastechCeil Power Systems’s other remedies at law Wastech Ceil Power Systems shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Ceil Power Systems shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Ceil Power Systems becomes overdue, or in WastechCeil Power Systems’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechCeil Power Systems; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 WastechXxxxxx 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 Customer Client owes Wastech Xxxxxx ElectriCool Pty Ltd any money the Customer Client shall indemnify Wastech Xxxxxx ElectriCool Pty Ltd from and against all costs and disbursements incurred by Wastech Xxxxxx ElectriCool Pty Ltd in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechXxxxxx ElectriCool Pty Ltd’s contract default fee, and bank dishonour fees). 16.3 18.3 Further to any other rights or remedies Wastech Xxxxxx ElectriCool Pty Ltd may have under this Contract, if a Customer Client has made payment to WastechXxxxxx ElectriCool Pty Ltd, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech Xxxxxx 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 CustomerClient’s obligations under this Contract. 16.4 18.4 Without prejudice to WastechXxxxxx ElectriCool Pty Ltd’s other remedies at law Wastech Xxxxxx ElectriCool Pty Ltd shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Xxxxxx ElectriCool Pty Ltd shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Xxxxxx ElectriCool Pty Ltd becomes overdue, or in WastechXxxxxx ElectriCool Pty Ltd’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechXxxxxx ElectriCool Pty Ltd; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 WastechTSCW’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 16.2 If the Customer Client owes Wastech TSCW any money the Customer Client shall indemnify Wastech TSCW from and against all costs and disbursements incurred by Wastech TSCW in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechTSCW’s contract default fee, and bank dishonour fees). 16.3 Further to any other rights or remedies Wastech TSCW may have under this Contract, if a Customer Client has made payment to WastechTSCW, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech TSCW under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the CustomerClient’s obligations under this Contract. 16.4 Without prejudice to WastechTSCW’s other remedies at law Wastech TSCW shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech TSCW shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech TSCW becomes overdue, or in WastechTSCW’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechTSCW; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 WastechOlectric’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 Customer owes Wastech Olectric any money the Customer shall indemnify Wastech Olectric from and against all costs and disbursements incurred by Wastech Olectric in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechOlectric’s contract default fee, and bank dishonour fees). 16.3 18.3 Further to any other rights or remedies Wastech Olectric may have under this Contract, if a Customer has made payment to WastechOlectric, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contract. 16.4 18.4 Without prejudice to WastechOlectric’s other remedies at law Wastech Olectric shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech Olectric shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Olectric becomes overdue, or in WastechOlectric’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by WastechOlectric; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: 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 WastechJacmor’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 Customer Client owes Wastech Jacmor any money the Customer Client shall indemnify Wastech Jacmor from and against all costs and disbursements incurred by Wastech Jacmor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechJacmor’s contract default fee, and bank dishonour fees). 16.3 14.3 Further to any other rights or remedies Wastech Jacmor may have under this Contract, if a Customer Client has made payment to WastechJacmor, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 14.4 Without prejudice to WastechJacmor’s other remedies at law Wastech Jacmor shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Jacmor shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Jacmor becomes overdue, or in WastechJacmor’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechJacmor; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 Wastechthe Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 16.2 If the Customer Client owes Wastech the Seller any money the Customer Client shall indemnify Wastech the Seller from and against all costs and disbursements incurred by Wastech the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Seller’s contract default fee, and bank dishonour fees). 16.3 Further to any other rights or remedies Wastech the Seller may have under this Contract, if a Customer Client has made payment to Wastechthe Seller, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 Without prejudice to Wastechthe Seller’s other remedies at law Wastech the Seller shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech the Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech the Seller becomes overdue, or in Wastechthe Seller’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by Wastechthe Seller; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 Wastechthe 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 Customer Client owes Wastech the Supplier any money the Customer Client shall indemnify Wastech the Supplier from and against all costs and disbursements incurred by Wastech the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Supplier’s contract default fee, and bank dishonour fees). 16.3 13.3 Further to any other rights or remedies Wastech the Supplier may have under this Contract, if a Customer Client has made payment to Wastechthe Supplier, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 13.4 Without prejudice to Wastechthe Supplier’s other remedies at law Wastech the Supplier shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech the Supplier shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech the Supplier becomes overdue, or in Wastechthe Supplier’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by Wastechthe Supplier; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: Services 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 WastechTML’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 Customer Client owes Wastech TML any money the Customer Client shall indemnify Wastech TML from and against all costs and disbursements incurred by Wastech TML in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechTML’s contract default fee, and bank dishonour fees). 16.3 18.3 Further to any other rights or remedies Wastech TML may have under this Contract, if a Customer Client has made payment to WastechTML, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 18.4 Without prejudice to WastechTML’s other remedies at law Wastech TML shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech TML shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech TML becomes overdue, or in WastechTML’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechTML; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 WastechHiHo’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 Customer owes Wastech HiHo any money the Customer shall indemnify Wastech HiHo from and against all costs and disbursements incurred by Wastech HiHo in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechHiHo’s contract default feecollection agency fees, and bank dishonour fees). 16.3 20.3 Further to any other rights or remedies Wastech HiHo may have under this Contractcontract, if a Customer has made payment to WastechHiHo, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contract. 16.4 20.4 Without prejudice to Wastechany 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 Wastech HiHo shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech HiHo shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech HiHo becomes overdue, or in WastechHiHo’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by WastechHiHo; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: 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 WastechAlchemis’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 Customer Client owes Wastech Alchemis any money the Customer Client shall indemnify Wastech Alchemis from and against all costs and disbursements incurred by Wastech Alchemis in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechAlchemis’s contract default feecollection agency costs, and bank dishonour fees). 16.3 17.3 Further to any other rights or remedies Wastech Alchemis may have under this Contract, if a Customer Client has made payment to WastechAlchemis, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 17.4 Without prejudice to WastechAlchemis’s other remedies at law Wastech Alchemis shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Alchemis shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Alchemis becomes overdue, or in WastechAlchemis’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechAlchemis; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 WastechXXXX’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 Customer Client owes Wastech TITA any money the Customer Client shall indemnify Wastech TITA from and against all costs and disbursements incurred by Wastech TITA in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechXXXX’s contract default fee, and bank dishonour fees). 16.3 15.3 Further to any other rights or remedies Wastech TITA may have under this Contract, if a Customer Client has made payment to WastechTITA, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 15.4 Without prejudice to Wastechany 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 XXXX’s other remedies at law Wastech TITA shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech TITA shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech TITA becomes overdue, or in WastechXXXX’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechTITA; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: Service Agreement

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 Wastechthe Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 16.2 If the Customer Buyer owes Wastech the Seller any money the Customer Buyer shall indemnify Wastech the Seller from and against all costs and disbursements incurred by Wastech the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Seller’s contract default feecollection agency costs, and bank dishonour fees). 16.3 Further to any other rights or remedies Wastech the Seller may have under this Contract, if a Customer Buyer has made payment to Wastechthe Seller, and the transaction is subsequently reversed, the Customer Buyer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerBuyer’s obligations under this Contract. 16.4 Without prejudice to Wastechthe Seller’s other remedies at law Wastech the Seller shall be entitled to 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. cancel all or any part of any order of the Customer Buyer which remains unfulfilled and all amounts owing to Wastech the Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech the Seller becomes overdue, or in Wastechthe Seller’s opinion the Customer Buyer will be unable to make a payment when it falls due; (b) the Customer Buyer has exceeded any applicable credit limit provided by Wastechthe Seller; (c) the Customer 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 Customer Buyer or any asset of the CustomerBuyer. 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 1 contract

Samples: Sales Contracts

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 Wastech’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 Customer owes Wastech Canberra Containers any money the Customer shall indemnify Wastech Canberra Containers from and against all costs and disbursements incurred by Wastech Canberra Containers in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastech’s Canberra Containers contract default feefees, and bank dishonour fees). 16.3 23.3 Further to any other rights or remedies Wastech Canberra Containers may have under this Contractcontract, if a the Customer has made payment to WastechCanberra Containers by credit card, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contract. 16.4 23.4 Without prejudice to Wastech’s Canberra Containers other remedies at law Wastech Canberra Containers shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled unperformed in addition to and without prejudice to any other remedies and all amounts owing to Wastech Canberra Containers shall, whether or not due for payment, become immediately payable ifin the event that: (a) any money payable to Wastech Canberra Containers becomes overdue, or in Wastech’s Canberra Containers opinion the Customer will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Customer has exceeded any applicable credit limit provided by WastechCanberra Containers; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: 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 WastechDWW’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 Customer owes Wastech DWW any money the Customer shall indemnify Wastech DWW from and against all costs and disbursements incurred by Wastech DWW in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechDWW’s contract default fee, and bank dishonour fees). 16.3 13.3 Further to any other rights or remedies Wastech DWW may have under this Contract, if a Customer has made payment to WastechDWW, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contractagreement. 16.4 13.4 Without prejudice to Wastechany 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 Wastech DWW shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech DWW shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech DWW becomes overdue, or in WastechDWW’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by WastechDWW; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: 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 WastechScafit’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 Customer Client owes Wastech Scafit any money the Customer Client shall indemnify Wastech Scafit from and against all costs and disbursements incurred by Wastech Scafit in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechScafit’s contract default feecollection agency costs, and bank dishonour fees). 16.3 17.3 Further to any other rights or remedies Wastech Scafit may have under this Contract, if a Customer Client has made payment to WastechScafit, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 17.4 Without prejudice to WastechScafit’s other remedies at law Wastech Scafit shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Scafit shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Scafit becomes overdue, or in WastechScafit’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechScafit; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: Scaffolding 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 WastechWalkie 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 Customer Client owes Wastech Walkie Talkie any money the Customer Client shall indemnify Wastech Walkie Talkie from and against all costs and disbursements incurred by Wastech Walkie Talkie in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechWalkie Talkie’s contract default feecollection agency costs, and bank dishonour fees). 16.3 17.3 Further to any other rights or remedies Wastech Walkie Talkie may have under this Contract, if a Customer Client has made payment to WastechWalkie Talkie, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 17.4 Without prejudice to WastechWalkie Talkie’s other remedies at law Wastech Walkie Talkie shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Walkie Talkie shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Walkie Talkie becomes overdue, or in WastechWalkie Talkie’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechWalkie Talkie; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: Service Agreement

Default and Consequences of Default. 16.1 (a) Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Wastechthe Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 16.2 (b) If the Customer Client owes Wastech the Supplier any money the Customer Client shall indemnify Wastech the Supplier from and against all costs and disbursements incurred by Wastech the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Supplier’s contract default feecollection agency costs, and bank dishonour fees). 16.3 (c) Further to any other rights or remedies Wastech the Supplier may have under this Contract, if a Customer Client has made payment to Wastechthe Supplier, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech the Supplier under this clause 16 41, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the CustomerClient’s obligations under this Contract. 16.4 (d) Without prejudice to Wastechthe Supplier’s other remedies at law Wastech the Supplier shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech the Supplier shall, whether or not due for payment, become immediately payable if: (a) : • any money payable to Wastech the Supplier becomes overdue, or in Wastechthe Supplier’s opinion the Customer Client will be unable to make a payment when it falls due; (b) ; • the Customer Client has exceeded any applicable credit limit provided by Wastech; (c) the Customer Supplier; • the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) or • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 Wastech’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 Customer owes Wastech NGPS any money the Customer shall indemnify Wastech NGPS from and against all costs and disbursements incurred by Wastech NGPS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastech’s NGPS’ contract default fee, and bank dishonour fees). 16.3 14.3 Further to any other rights or remedies Wastech NGPS may have under this Contract, if a Customer has made payment to WastechNGPS, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contract. 16.4 14.4 Without prejudice to Wastech’s any other remedies NGPS may have, if at law Wastech shall be entitled any time the Customer is in breach of any obligation (including those relating to 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 CCApayment) 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 NGPS may suspend or terminate the supply of Goods/Equipment to the quality or suitability of the GoodsCustomer. Wastech’s liability in respect of these warranties is limited NGPS will not be liable to the fullest extent permitted by law. 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 NGPS shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech NGPS shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech NGPS becomes overdue, or in Wastech’s NGPS’ opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by WastechNGPS; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: 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 Wastechthe 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 Customer Client owes Wastech the Carrier any money the Customer Client shall indemnify Wastech the Carrier from and against all costs and disbursements incurred by Wastech the Carrier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Carrier’s contract default feefees, and bank dishonour fees). 16.3 20.3 Further to any other rights or remedies Wastech the Carrier may have under this Contract, if a Customer Client has made payment to Wastechthe Carrier, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 20.4 Without prejudice to Wastechthe Carrier’s other remedies at law Wastech the Carrier shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled unperformed in addition to and without prejudice to any other remedies and all amounts owing to Wastech the Carrier shall, whether or not due for payment, become immediately payable ifin the event that: (a) any money payable to Wastech the Carrier becomes overdue, or in Wastechthe Carrier’s opinion the Customer Client will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Customer Client has exceeded any applicable credit limit provided by Wastechthe Carrier; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 Wastech’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 Customer Client owes Wastech Commercial Painting Group Pty Ltd any money the Customer Client shall indemnify Wastech Commercial Painting Group Pty Ltd from and against all costs and disbursements incurred by Wastech 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, Wastech’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 Wastech Commercial Painting Group Pty Ltd may have under this Contract, if a Customer Client has made payment to WastechCommercial Painting Group Pty Ltd, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s Client's obligations under this Contract. 16.4 15.4 Without prejudice to Wastech’s Commercial Painting Group Pty Ltd's other remedies at law Wastech Commercial Painting Group Pty Ltd shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Commercial Painting Group Pty Ltd shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Commercial Painting Group Pty Ltd becomes overdue, or in Wastech’s Commercial Painting Group Pty Ltd's opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechCommercial Painting Group Pty Ltd; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 Wastech’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 Customer Client owes Wastech the Supplier any money the Customer Client shall indemnify Wastech the Supplier from and against all costs and disbursements incurred by Wastech the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Supplier’s contract default fee, and bank dishonour fees). 16.3 14.4 Further to any other rights or remedies Wastech the Supplier may have under this ContractAgreement, if a Customer Client has made payment to Wastechthe Supplier, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this ContractAgreement. 16.4 Without prejudice to Wastech’s other remedies at law Wastech shall be entitled to 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 Customer which remains unfulfilled and all amounts owing to Wastech shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech becomes overdue, or in Wastech’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by Wastech; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: Terms & Conditions of Trade

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 Wastechthe 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 Customer Client owes Wastech the Seller any money the Customer Client shall indemnify Wastech the Seller from and against all costs and disbursements incurred by Wastech the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Seller’s contract default fee, and bank dishonour fees). 16.3 15.3 Further to any other rights or remedies Wastech the Seller may have under this Contract, if a Customer Client has made payment to Wastechthe Seller, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 15.4 Without prejudice to Wastechthe Seller’s other remedies at law Wastech the Seller shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech the Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech the Seller becomes overdue, or in Wastechthe Seller’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by Wastechthe Seller; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 WastechXxxxxxx Air’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 16.2 If the Customer Client owes Wastech Xxxxxxx Air any money the Customer Client shall indemnify Wastech Xxxxxxx Air from and against all costs and disbursements incurred by Wastech Xxxxxxx Air in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechXxxxxxx Air’s contract default feecollection agency costs, and bank dishonour fees). 16.3 Further to any other rights or remedies Wastech Xxxxxxx Air may have under this Contract, if a Customer the Client has made payment to WastechXxxxxxx Air, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech Xxxxxxx Air under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the CustomerClient’s obligations under this Contract. 16.4 Without prejudice to WastechXxxxxxx Air’s other remedies at law Wastech Xxxxxxx Air shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Xxxxxxx Air shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Xxxxxxx Air becomes overdue, or in WastechXxxxxxx Air’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechXxxxxxx Air; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: Service Agreement

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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 WastechMonash 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 Customer Client owes Wastech Monash Glass any money the Customer Client shall indemnify Wastech Monash Glass from and against all costs and disbursements incurred by Wastech Monash Glass in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechMonash Glass’s contract default fee, and bank dishonour fees). 16.3 17.3 Further to any other rights or remedies Wastech Monash Glass may have under this Contract, if a Customer Client has made payment to WastechMonash Glass, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 17.4 Without prejudice to WastechMonash Glass’s other remedies at law Wastech Monash Glass shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Monash Glass shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Monash Glass becomes overdue, or in WastechMonash Xxxxx’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechMonash Glass; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 WastechPukekohe 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 Customer owes Wastech Pukekohe Hiab Transport any money the Customer shall indemnify Wastech Pukekohe Hiab Transport from and against all costs and disbursements incurred by Wastech Pukekohe Hiab Transport in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechPukekohe Hiab Transport’s contract default feecollection agency costs, and bank dishonour fees). 16.3 26.3 Further to any other rights or remedies Wastech Pukekohe Hiab Transport may have under this Contract, if a the Customer has made payment to WastechPukekohe Hiab Transport, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contract. 16.4 26.4 Without prejudice to WastechPukekohe Hiab Transport’s other remedies at law Wastech Pukekohe Hiab Transport shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled unperformed in addition to and without prejudice to any other remedies and all amounts owing to Wastech Pukekohe Hiab Transport shall, whether or not due for payment, become immediately payable ifin the event that: (a) any money payable to Wastech Pukekohe Hiab Transport becomes overdue, or in WastechPukekohe Hiab Transport’s opinion the Customer will be unable to make a payment when it falls meet its payments as they fall due;; or (b) the Customer has exceeded any applicable credit limit provided by WastechPukekohe Hiab Transport; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: Transportation Agreement

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 Wastech’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 Customer owes Wastech P & M Fireplaces any money the Customer shall indemnify Wastech P & M Fireplaces from and against all costs and disbursements incurred by Wastech P & M Fireplaces in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastech’s contract default feeP & M Fireplaces’ collection agency costs, and bank dishonour fees). 16.3 7.3 Further to any other rights or remedies Wastech P & M Fireplaces may have under this Contract, if a Customer has made payment to WastechP & M Fireplaces, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contract. 16.4 7.4 Without prejudice to Wastech’s P & M Fireplaces’ other remedies at law Wastech P & M Fireplaces shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech P & M Fireplaces shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech P & M Fireplaces becomes overdue, or in Wastech’s P & M Fireplaces’ opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by WastechP & M Fireplaces; (c) the 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 Customer or any asset of the Customer. 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 1 contract

Samples: 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 WastechPronto 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 Customer owes Wastech Pronto Hire any money the Customer shall indemnify Wastech Pronto Hire from and against all costs and disbursements incurred by Wastech Pronto Hire in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechPronto Hire’s contract default feecollection agency costs, and bank dishonour fees). 16.3 22.3 Further to any other rights or remedies Wastech Pronto Hire may have under this Contractcontract, if a the Customer has made payment to WastechPronto Hire, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contract. 16.4 22.4 Without prejudice to Wastechany 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 Wastech Pronto Hire shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech Pronto Hire shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Pronto Hire becomes overdue, or in WastechPronto Hire’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded ; provider or any applicable credit limit provided by Wastech; (c) the Customer 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 the Customer or any asset of notifying a default by the Customer. 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 1 contract

Samples: 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 WastechLux 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 Customer Client owes Wastech Lux Electrical any money the Customer Client shall indemnify Wastech Lux Electrical from and against all costs and disbursements incurred by Wastech Lux Electrical in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechLux Electrical’s contract default fee, and bank dishonour fees). 16.3 19.3 Further to any other rights or remedies Wastech Lux Electrical may have under this Contract, if a Customer Client has made payment to WastechLux Electrical, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 19.4 Without prejudice to WastechLux Electrical’s other remedies at law Wastech Lux Electrical shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Lux Electrical shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Lux Electrical becomes overdue, or in WastechLux Electrical’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechLux Electrical; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 WastechMPSL’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 Customer Client owes Wastech MPSL any money the Customer Client shall indemnify Wastech MPSL from and against all costs and disbursements incurred by Wastech MPSL in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechMPSL’s contract default feecollection agency costs, and bank dishonour fees). 16.3 15.3 Further to any other rights or remedies Wastech MPSL may have under this Contract, if a Customer Client has made payment to WastechMPSL, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 15.4 Without prejudice to WastechMPSL’s other remedies at law Wastech MPSL shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech MPSL shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech MPSL becomes overdue, or in WastechMPSL’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechMPSL; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 WastechParamount’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 Customer Client owes Wastech Paramount any money the Customer Client shall indemnify Wastech Paramount from and against all costs and disbursements incurred by Wastech Paramount in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechParamount’s contract default feecollection agency costs, and bank dishonour fees). 16.3 21.3 Further to any other rights or remedies Wastech Paramount may have under this Contract, if a Customer Client has made payment to WastechParamount, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 21.4 Without prejudice to Wastechany 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 Wastech Paramount shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Paramount shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Paramount becomes overdue, or in WastechParamount’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechParamount; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 Wastech’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 Customer owes Wastech Expressway Spares any money the Customer shall indemnify Wastech Expressway Spares from and against all costs and disbursements incurred by Wastech Expressway Spares in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastech’s Expressway Spares’ contract default fee, and bank dishonour fees). 16.3 13.3 Further to any other rights or remedies Wastech Expressway Spares may have under this Contract, if a Customer has made payment to WastechExpressway Spares, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contract. 16.4 13.4 Without prejudice to Wastech’s Expressway Spares’ other remedies at law Wastech Expressway Spares shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech Expressway Spares shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Expressway Spares becomes overdue, or in Wastech’s Expressway Spares’ opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by WastechExpressway Spares; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: 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 Wastech’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 Customer owes Wastech Guardian Campers and RV Centre any money the Customer shall indemnify Wastech Guardian Campers and RV Centre from and against all costs and disbursements incurred by Wastech 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, Wastech’s Guardian Campers and RV Centre contract default fee, and bank dishonour fees). 16.3 11.3 Further to any other rights or remedies Wastech Guardian Campers and RV Centre may have under this Contract, if a Customer has made payment to WastechGuardian Campers and RV Centre, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contract. 16.4 11.4 Without prejudice to Wastech’s Guardian Campers and RV Centre other remedies at law Wastech Guardian Campers and RV Centre shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech Guardian Campers and RV Centre shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Guardian Campers and RV Centre becomes overdue, or in Wastech’s Guardian Campers and RV Centre opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by Wastech; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (dc) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: Goods and Services Agreement

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 WastechCNBH’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 Customer Member owes Wastech CNBH any money the Customer Member shall indemnify Wastech CNBH from and against all costs and disbursements incurred by Wastech CNBH in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechCNBH’s contract default fee, and bank dishonour fees). 16.3 12.3 Further to any other rights or remedies Wastech CNBH may have under this ContractAgreement, if a Customer Member has made payment to WastechCNBH, and the transaction is subsequently reversed, the Customer Member shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerMember’s obligations under this ContractAgreement. 16.4 12.4 Without prejudice to Wastechany 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 Wastech CNBH shall be entitled to 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. cancel all or any part of any order of the Customer Member which remains unfulfilled and all amounts owing to Wastech CNBH shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech CNBH becomes overdue, or in WastechCNBH’s opinion the Customer Member will be unable to make a payment when it falls due; (b) the Customer Member has exceeded any applicable credit limit provided by WastechCNBH; (c) the Customer 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 Customer Member or any asset of the CustomerMember. 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 1 contract

Samples: Service Agreement

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 WastechStill 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 Customer owes Wastech Still Standing Sheetmetal any money the Customer shall indemnify Wastech Still Standing Sheetmetal from and against all costs and disbursements incurred by Wastech Still Standing Sheetmetal in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechStill Standing Sheetmetal’s contract default fee, and bank dishonour fees). 16.3 Further to any other rights or remedies Wastech Still Standing Sheetmetal may have under this Contract, if a Customer has made payment to WastechStill Standing Sheetmetal, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contract. 16.4 Without prejudice to WastechStill Standing Sheetmetal’s other remedies at law Wastech Still Standing Sheetmetal shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech Still Standing Sheetmetal shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Still Standing Sheetmetal becomes overdue, or in WastechStill Standing Sheetmetal’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by WastechStill Standing Sheetmetal; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: 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 WastechMercedes-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 Customer owes Wastech Mercedes-Benz Unimog Centre any money the Customer shall indemnify Wastech Mercedes-Benz Unimog Centre from and against all costs and disbursements incurred by Wastech 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, WastechMercedes-Benz Unimog Centre’s contract default fee, and bank dishonour fees). 16.3 14.3 Further to any other rights or remedies Wastech Mercedes-Benz Unimog Centre may have under this Contract, if a Customer has made payment to WastechMercedes-Benz Unimog Centre, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contract. 16.4 14.4 Without prejudice to WastechMercedes-Benz Unimog Centre’s other remedies at law Wastech Mercedes-Benz Unimog Centre shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech Mercedes-Benz Unimog Centre shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Mercedes-Benz Unimog Centre becomes overdue, or in WastechMercedes-Benz Unimog Centre’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by WastechMercedes-Benz Unimog Centre; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: 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 WastechCreativeQ’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 Customer Client owes Wastech CreativeQ any money the Customer Client shall indemnify Wastech CreativeQ from and against all costs and disbursements incurred by Wastech CreativeQ in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechCreativeQ’s contract default feecollection agency costs, and bank dishonour fees). 16.3 23.3 Further to any other rights or remedies Wastech CreativeQ may have under this Contract, if a Customer Client has made payment to WastechCreativeQ, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 23.4 Without prejudice to Wastechany 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 Wastech CreativeQ shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech CreativeQ shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech CreativeQ becomes overdue, or in WastechCreativeQ’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechCreativeQ; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: Service Agreement

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 WastechPronto 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 Customer owes Wastech Pronto Hire any money the Customer shall indemnify Wastech Pronto Hire from and against all costs and disbursements incurred by Wastech Pronto Hire in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechPronto Hire’s contract default feecollection agency costs, and bank dishonour fees). 16.3 22.3 Further to any other rights or remedies Wastech Pronto Hire may have under this Contractcontract, if a the Customer has made payment to WastechPronto Hire, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contract. 16.4 22.4 Without prejudice to Wastechany 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 Wastech Pronto Hire shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech Pronto Hire shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Pronto Hire becomes overdue, or in WastechPronto Hire’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided allowed by WastechPronto Hire; (c) the 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 Customer or any asset of the Customer. 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 1 contract

Samples: 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 WastechPipeTech’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 Customer Client owes Wastech PipeTech any money the Customer Client shall indemnify Wastech PipeTech from and against all costs and disbursements incurred by Wastech PipeTech in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechPipeTech’s contract default feecollection agency costs, and bank dishonour fees). 16.3 18.3 Further to any other rights or remedies Wastech PipeTech may have under this Contract, if a Customer Client has made payment to WastechPipeTech, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 18.4 Without prejudice to WastechPipeTech’s other remedies at law Wastech PipeTech shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech PipeTech shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech PipeTech becomes overdue, or in WastechPipeTech’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechPipeTech; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 WastechEME 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 Customer Client owes Wastech EME Roofing any money the Customer Client shall indemnify Wastech EME Roofing from and against all costs and disbursements incurred by Wastech EME Roofing in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechEME Roofing’s contract default fee, and bank dishonour fees). 16.3 15.4 Further to any other rights or remedies Wastech EME Roofing may have under this Contract, if a Customer the Client has made payment to WastechEME Roofing, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 15.5 Without prejudice to WastechEME Roofing’s other remedies at law Wastech law, EME Roofing shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech EME Roofing shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech EME Roofing becomes overdue, or in WastechEME Roofing’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechEME Roofing; (c) the Customer 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 Customer Client or any asset of the CustomerClient, 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. 14.5 If the Customer 15.6 A statement of account issued by EME Roofing is a consumer within the meaning conclusive proof of the CCA, WastechClient’s liability is limited indebtedness to the extent permitted by section 64A of Schedule 2EME Roofing. 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 1 contract

Samples: 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 Wastech’s Nexxis’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 16.2 If the 12.2 The Customer owes Wastech any money the Customer shall agrees to indemnify Wastech from Nexxis, and against be responsible for all costs costs, disbursements, charges and disbursements other liabilities incurred by Wastech 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, Wastech’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 Wastech may have under condition of this Contract, if a Customer has made payment to Wastech, and or arising out of or in any way connected with the transaction is subsequently reversed, the Customer shall be liable for the amount use of the reversed transaction, in addition Equipment (subject always to any further costs incurred by Wastech under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this Contract11). 16.4 Without prejudice to Wastech’s other remedies at law Wastech shall be entitled to 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 Customer which remains unfulfilled and all amounts owing to Wastech shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech becomes overdue, or in Wastech’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by Wastech; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: Long Term Lease 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 WastechExpoelle’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 Customer Client owes Wastech Expoelle any money the Customer Client shall indemnify Wastech Expoelle from and against all costs and disbursements incurred by Wastech Expoelle in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechExpoelle’s contract default fee, and bank dishonour fees). 16.3 18.3 Further to any other rights or remedies Wastech Expoelle may have under this Contract, if a Customer Client has made payment to WastechExpoelle, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech Expoelle under this clause 16 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the CustomerClient’s obligations under this Contract. 16.4 18.4 Without prejudice to WastechExpoelle’s other remedies at law Wastech Expoelle shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Expoelle shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Expoelle becomes overdue, or in WastechExpoelle’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechExpoelle; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: Service 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 WastechGenweld’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 Customer Client owes Wastech Genweld any money the Customer Client shall indemnify Wastech Genweld from and against all costs and disbursements incurred by Wastech Genweld in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechGenweld’s contract default feecollection agency costs, and bank dishonour fees). 16.3 19.3 Further to any other rights or remedies Wastech Genweld may have under this Contract, if a Customer Client has made payment to WastechGenweld, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 19.4 Without prejudice to WastechGenweld’s other remedies at law Wastech Genweld shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Genweld shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Genweld becomes overdue, or in WastechGenweld’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechGenweld; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 Wastechthe 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 Customer owes Wastech the Manufacturer any money the Customer shall indemnify Wastech the Manufacturer from and against all costs and disbursements incurred by Wastech the Manufacturer in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Manufacturer’s contract default fee, and bank dishonour fees). 16.3 13.3 Further to any other rights or remedies Wastech the Manufacturer may have under this Contract, if a Customer has made payment to Wastechthe Manufacturer, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 Customer’s obligations under this Contract. 16.4 13.4 Without prejudice to Wastechthe Manufacturer’s other remedies at law Wastech the Manufacturer shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech the Manufacturer shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech the Manufacturer becomes overdue, or in Wastechthe Manufacturer’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by Wastechthe Manufacturer; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: 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 Wastech’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 Customer Client owes Wastech Couchmans any money the Customer Client shall indemnify Wastech Couchmans from and against all costs and disbursements incurred by Wastech Couchmans in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastech’s contract default feeCouchmans’ collection agency costs, and bank dishonour fees). 16.3 20.3 Further to any other rights or remedies Wastech Couchmans may have under this Contract, if a Customer Client has made payment to WastechCouchmans, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 20.4 Without prejudice to Wastech’s Couchmans’ other remedies at law Wastech Couchmans shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Couchmans shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Couchmans becomes overdue, or in Wastech’s Couchmans’ opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechCouchmans; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: 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 Wastechthe 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 Customer Buyer owes Wastech the Seller any money the Customer Buyer shall indemnify Wastech the Seller from and against all costs and disbursements incurred by Wastech the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Wastechthe Seller’s contract default fee, and bank dishonour fees). 16.3 15.3 Further to any other rights or remedies Wastech the Seller may have under this Contract, if a Customer Buyer has made payment to Wastechthe Seller, and the transaction is subsequently reversed, the Customer Buyer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerBuyer’s obligations under this Contract. 16.4 15.4 Without prejudice to Wastechthe Seller’s other remedies at law Wastech the Seller shall be entitled to 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. cancel all or any part of any order of the Customer Buyer which remains unfulfilled and all amounts owing to Wastech the Seller shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech the Seller becomes overdue, or in Wastechthe Seller’s opinion the Customer Buyer will be unable to make a payment when it falls due; (b) the Customer Buyer has exceeded any applicable credit limit provided by Wastechthe Seller; (c) the Customer 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 Customer Buyer or any asset of the CustomerBuyer. 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 1 contract

Samples: 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 WastechWaimak 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 Customer owes Wastech Waimak Engineering any money the Customer shall indemnify Wastech Waimak Engineering from and against all costs and disbursements incurred by Wastech Waimak Engineering in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechWaimak Engineering’s contract default feecollection agency costs, and bank dishonour fees). 16.3 18.3 Further to any other rights or remedies Wastech Waimak Engineering may have under this Contract, if a Customer has made payment to WastechWaimak Engineering , and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerCustomer ’s obligations under this Contract. 16.4 18.4 Without prejudice to WastechWaimak Engineering ’s other remedies at law Wastech Waimak Engineering shall be entitled to 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. cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Wastech Waimak Engineering shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Waimak Engineering becomes overdue, or in WastechWaimak Engineering ’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by WastechWaimak Engineering ; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 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 1 contract

Samples: 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 WastechDesignastyle’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 Customer Client owes Wastech Designastyle any money the Customer Client shall indemnify Wastech Designastyle from and against all costs and disbursements incurred by Wastech Designastyle in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WastechDesignastyle’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 Wastech Designastyle may have under this Contract, if a Customer Client has made payment to WastechDesignastyle, and the transaction is subsequently reversed, the Customer Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Wastech 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 CustomerClient’s obligations under this Contract. 16.4 21.5 Without prejudice to WastechDesignastyle’s other remedies at law Wastech Designastyle shall be entitled to 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. cancel all or any part of any order of the Customer Client which remains unfulfilled and all amounts owing to Wastech Designastyle shall, whether or not due for payment, become immediately payable if: (a) any money payable to Wastech Designastyle becomes overdue, or in WastechDesignastyle’s opinion the Customer Client will be unable to make a payment when it falls due; (b) the Customer Client has exceeded any applicable credit limit provided by WastechDesignastyle; (c) the Customer 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 Customer Client or any asset of the CustomerClient. 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 1 contract

Samples: Contract

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