Pricing and Payment Terms Customer Payment terms shall be as set forth in the Master Agreement.
Pricing and Payment Prices for each Product and any terms and conditions for invoicing and payment will be established by Customer’s Reseller.
Pricing and Payments 5.1 In exchange for the Deliverables, the Supplier must invoice the Buyer for the charges in the Order Form.
5.2 All Charges:
5.2.1 exclude VAT, which is payable on provision of a valid VAT invoice; and
5.2.2 include all costs and expenses connected with the supply of Deliverables.
5.3 The Buyer must pay the Supplier the charges within 30 days of receipt by the Buyer of a valid, undisputed invoice, in cleared funds to the Supplier's account stated in the invoice or in the Order Form.
5.4 A Supplier invoice is only valid if it:
5.4.1 includes all appropriate references including the Purchase Order Number and other details reasonably requested by the Buyer; and
5.4.2 includes a detailed breakdown of Deliverables which have been delivered.
5.5 If there is a dispute between the Parties as to the amount invoiced, the Buyer shall pay the undisputed amount. The Supplier shall not suspend the provision of the Deliverables unless the Supplier is entitled to terminate the Contract for a failure to pay undisputed sums in accordance with clause 11.6. Any disputed amounts shall be resolved through the dispute resolution procedure detailed in clause 36.
5.6 The Buyer may retain or set-off payment of any amount owed to it by the Supplier under this Contract or any other agreement between the Supplier and the Buyer if notice and reasons are provided.
5.7 The Supplier must ensure that all Subcontractors are paid, in full, within 30 days of receipt of a valid, undisputed invoice. If this doesn't happen, the Buyer can publish the details of the late payment or non-payment.
Invoicing and Payment Terms [Within [X] days at the end of each month] [Upon completion of the Contract] Contractor will submit an Invoice in accordance with pricing as specified in the Contract. Mercy Corps will make payment to Contractor for all sums not in dispute within 30 days of receipt of Contractor’s invoice(s) (the “Payment Terms”).
Billing and Payment Terms 3.1 You acknowledge and agree that NCR Voyix will charge all applicable fees and charges due to the payment card or other form of non-invoice payment method that you provided to NCR Voyix: (a) at the beginning of each billing cycle for all recurring fees for the Service; (b) at the end of the billing cycle for all transaction fees incurred during the billing cycle; (c) upon Order placement and prior to shipment of any Hardware purchased outright or subject to the terms of an Extended Payment Program (as defined below) when applicable; and (d) upon Order placement for any additional services that are not included as part of the recurring fees for the Service. NCR Voyix or its vendor may charge an additional fee for payments processed by credit card.
3.2 You agree to maintain current, valid payment and contact information (including telephone number and email address) on file. You certify to NCR Voyix that you are authorized to provide the payment card or other form of non-invoice payment method to NCR Voyix and that you will not dispute the payment with your credit card company or your financial services provider as long as the transaction corresponds to these terms. You acknowledge that your payment authorization will remain in effect until it is canceled by you in writing.
3.3 NCR Voyix may charge late fees on unpaid, undisputed amounts. Late fees will be the lesser of 1.5% per month of the unpaid amount, or any applicable limit imposed by law. In the event that your account becomes delinquent, you agree to pay all collection costs incurred by NCR Voyix, including reasonable attorney’s fees and expenses.
Fees and Payment Terms 4.1. When Customer’s Fees are Due: All Fees charged under the Agreement are due and payable on the due date quoted on the invoices generated by Aptum, unless otherwise agreed to in writing by the Parties. Invoices shall be issued in accordance with the applicable Product Terms.
Prices and Payment Terms 2.1 Unless otherwise agreed our prices apply to unpackaged and not specially oiled goods, ex works, on the Oberhausen freight basis and inclusive of VAT for domestic deliveries. In the event that between contract and delivery there is a significant change in certain cost factors, such as the costs of wages, raw materials, energy or freight, then the agreed price may be adjusted to encompass the influence of prevailing cost factors.
2.2 Payments are to be made to us without deduction by the 15th of the month following the delivery ex works.
2.3 If the credit period is exceeded, interest will be charged at the rate the bank charges for current account overdrafts, but at least 9 percent above the base- lending rate of the European Central Bank and an additional lump sum of EUR 40.
2.4 The purchaser has the right of set-off in respect of undisputed or previously adjudicated claims. He may only exercise rights of retention insofar as these relate to the same contract and are undisputed and/or judicially resolved.
2.5 In the event of circumstances arising after the conclusion of the contract such as to jeopardise significantly our claim to payment, i.e. the insolvency of the purchaser, we are entitled irrespective of the term of any Bill of Exchange to call for payment. In the event of arrears of payment such as to jeopardise our claims we are entitled to recover the goods, if necessary entering on the premises of the purchaser to remove them. We may furthermore prohibit the further processing of the goods supplied. These provisions do not apply if the purchaser is not responsible for the delay of payment. Taking back the goods does not represent a withdrawal from the contract. In either case we may revoke authorization to collect payment on resale pursuant to Clause 8.7 below and request payment in advance for orders still outstanding. All these legal consequences can be adverted by the purchaser providing security for payment in a sum corresponding to our outstanding claims. At the same time we are entitled in the event of a significant deterioration of the financial circumstances to execute outstanding orders only against pre-payment and/or on the expiry of a suitable period of notice to withdraw from the contract without prejudice to any claim for damages for non-performance.
2.6 We reserve the right to call for security of a type and extent that is customary for our claims whether these be contingent or limited as to time.
2.7 The legal consequences of default in payment remain unaffected.
2.8 We are entitled to settle obligations of any subsidiary company within our company group towards their purchaser, applying our own requirements at any time. In this case the commitment to pay no longer applies to our subsidiary and the debt is cancelled to the amount of the obligation which the purchaser is given notice thereof. We are prepared to notify about the group of subsidiaries at the buyer’s request. The above-mentioned authority to settle applies, furthermore, to requirements and obligations, which are not yet due, granting a rate of interest to the amount of the usual bank interest rates. There is no opposition to different forms of payment with settlements of this kind: (e.g., cash on the hand, B/E on the other.) Our authority to settle is cancelled 10 days before a possible suspension of payments or an application for insolvency against the assets of the buyer, in the event of the application for insolvency leading to the opening of bankruptcy proceedings.
2.9 In the event of job processing being undertaken, our prices will be as fixed on the basis of industry standard for basic materials and presuming customary fabrication coil weights and coil make-up. In the event of any variation therefrom we reserve the right to charge any additional cost to the purchaser. complaints of defects in the event of job processing can only refer to work carried out by us.
Fees, Invoicing and Payment 7.1. EAGE charges an Exhibition Fee. Besides, if applicable, Exhibitor may order additional goods and services from EAGE under the Agreement for which Exhibitor shall be charged as well.
7.2. Amounts mentioned in the Agreement are in Euros, exclusive of VAT or other taxes as may be applicable in the country where the Exhibition takes place.
7.3. Payments must be made at the latest on the due date of the relevant invoice(s), unless indicated otherwise.
7.4. For credit card payments, a 5% (five percent) surcharge is applicable.
7.5. If Exhibitor requires a purchase order number on the invoice, the purchase order number must be indicated on the Exhibition Con- tract Form. In the event of the failure of Exhibitor to provide a purchase order number on time, the absence thereof on an invoice or related documentation shall not affect Exhibitor’s payment obligations, the payment term or EAGE’s rights under the Agreement.
7.6. Exhibitor is (automatically) in default after the expiry of any payment period, without any demand, notice of default or judicial intervention being necessary. If Exhibitor is in default, EAGE may cancel booth/space and assign it to another exhibitor without any rebate or allowance to the defaulting Exhibitor, without prejudice to EAGE’s rights to demand immediate payment of the entire outstanding amount, and without prejudice to EAGE’s other rights in such situation. In case of default, Exhibitor is liable for the payment of EAGE’s actual collection costs (including all legal fees and court fees) and not entitled to a refund of any amounts already paid.
7.7. EAGE is entitled to set off payments made by an Exhibitor first of all against any outstanding debts of Exhibitor to EAGE and/or its affiliated companies.
Price and Payment Terms 3.1 In consideration of the provision of Services by Provider as may be requested by the Trust pursuant to a SOW, and subject to the terms of this Agreement, the Trust will pay Provider the SOW Agreement Amount or SOW Fees as defined in and set forth in each executed SOW (or SOW Modification Memorandum issued by the Trust) for the Services expressly authorized in each such SOW.
3.2 Where the Services are provided on a time and materials basis, the fees payable for the Services shall be calculated in accordance with Provider's hourly fee rates as set forth in the executed SOW, or if no hourly fee rates are {P0398105.10} specified in the SOW, then in accordance with the hourly fee rates set forth in Provider’s Proposal, which rates in all cases include all wages, taxes, overhead, general and administrative expenses, and profit. Services shall be provided by the personnel designated in the SOW or Proposal and Provider shall not increase the hourly fee rates unless expressly agreed in writing in advance by the Trust. The Trust will reimburse Provider for reasonable and necessary direct costs and expenses, without xxxx-up. Provider shall exercise best efforts to perform and deliver the Services in the most efficient and cost effective manner, assigning only that level of staffing as is reasonably necessary to perform the particular task(s) at issue. Provider agrees to implement reasonable cost control measures so as to enable the full performance of Services as specified in an SOW within the Trust’s specified not to exceed SOW Fee. Provider shall issue invoices to the Trust monthly in arrears for its fees for the immediately preceding month, together with a detailed breakdown of allowable expenses for such month incurred in accordance with this Agreement. The total payments to Provider for Services specified in an executed SOW shall not exceed the SOW Fee set forth in the SOW unless expressly authorized in advance by the Trust through a written SOW Modification Memorandum. The parties agree that after the initial 24 months of the Term, for Services provided on a time and materials basis, Provider may increase its standard hourly fee rates specified in the applicable SOW upon written notice to the Trust; provided, that:
(i) Provider provides the Trust written notice of such increase at least 90 days prior to the effective date of such increase;
(ii) such increases occur no more frequently than once per contract year; and
(iii) the amount of such increase shall not exceed the lesser of:
(a) the percentage rate of increase for the immediately preceding 12-month period in the Consumer Price Index, All Urban Consumers, United States, All Items (1982 - 1984 = 100), as published by the Bureau of Labor Statistics of the United States Department of Labor or, if such index is not available, such other index as the parties may agree most closely resembles such index; or
(b) three percent (3%).
3.3 Where Services are provided for a fixed price, the total fee for the Services shall be the amount set forth in the applicable SOW as the SOW Agreement Amount. The SOW Agreement Amount includes payment for all Services and materials and includes all Provider administrative and operating expenses with respect to the Services. The SOW Agreement Amount shall be paid to Provider upon completion and delivery of all required Services under an executed SOW and presentation of a final invoice by Provider.
3.4 Notwithstanding Section 3.3 of this Agreement, for certain Services to be performed at a fixed price, the Trust may require that an SOW provide for periodic payment of the SOW Agreement Amount in installments upon achievement of agreed upon milestones by specifying such method in an SOW. In such case, the SOW Agreement Amount shall be paid to Provider in installments, with each installment being conditioned on Provider achieving the corresponding milestone as set forth in the SOW (“Project Milestone”). On achieving a Project Milestone in respect of which an installment is due, Provider shall issue an invoice to the Trust for the amounts that are then payable. The Trust may require that Provider produce documentation or other evidence of satisfaction of each Project Milestone as a condition of payment. The total payments to Provider for Services specified in an executed SOW shall not exceed the SOW Agreement Amount in the SOW unless expressly authorized in advance by the Trust through a written SOW Modification Memorandum.
3.5 Provider invoices must be submitted on Trust approved forms and must contain sufficient detail to allow proper cost allocation. Invoices must be accompanied by supporting documentation for all charges and costs. In lieu of mailing, invoices and supporting documentation may be submitted via electronic mail to xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxx.xxx, with a copy to the Trust’s designated Agreement Administrator. Invoices require the following:
(a) All invoices must include the Services Agreement number.
(b) All invoices must include Provider’s name and Federal Tax ID Number.
(c) For a time and materials contract, all invoices must include a breakdown of work performed and expenses incurred during the invoice period and indicate the personnel who performed the services, the date of service, the nature of the work, the duration of the work, the rate charged therefor, and the cost of materials.
3.6 By submitting any invoice or request for reimbursement, Provider is representing that the Services or costs identified in the invoice or request for reimbursement have actually been performed, provided or expended, are within the scope of the executed SOW, and that such costs and expenses are allowable in accordance with this Agreement. Provider will not be paid for any time, material, expense or services outside of an SOW or in excess of the SOW Fees or SOW Agreement Amount specified in an executed SOW unless expressly agreed in writing in advance by the Trust.
Invoicing and Payment All work performed by the Contractor must be approved in advance by the State. Once work has been completed, delivered and accepted by the State, invoicing can occur. The State’s payment terms are net 30 days. SOW-RFP PROJECT NAME: PRICE PROPOSAL: $ _ COMPLETION DATE: ACKNOWLEDGEMENT OF ADDENDUMS (IF APPLICABLE) 1.
