Freight and Taxes. The foregoing price is inclusive of shipping and insurance to Purchaser's designated facility, but does not include any taxes, fees, duties or assessments incurred by either party in connection with the purchase, shipment and delivery of the Panther Drive System, all of which shall be paid by Purchaser (except for those imposed on Enova for the income received in the sale). Enova Panther(TM) Propulsion System Product and Services Agreement Appendix 10
Freight and Taxes. Any increase in freight rates paid by Seller on shipments covered by the Agreement and any tax or governmental charge or increase in same hereafter becoming effective, increasing the cost to Seller of producing, selling or delivering the goods or of procuring the materials used therein, and any tax now in effect or increase in same payable by Seller because of the importation, production, sale or delivery of the materials, other than income or franchise taxes, may, at Seller’s option, be added to the purchase price herein specified.
Freight and Taxes. Unless noted otherwise in the Agreement, all prices are quoted F.O.B. shipping point and exclude any applicable federal, provincial, or municipal taxes. Such taxes will be billed separately in accordance with applicable federal, provincial or municipal tax laws or regulations. All transportation charges to and from the DOKA warehouse closest to the customer are to be paid by Customer. All carriers shall be agents of Customer.
Freight and Taxes. A. Xxxx xx its authorized representative will furnish Owner, free of cost, copies of Loading Certificates. Freight will be paid on intake quantity, as determined in Article 12.
B. Freight will be earned and payable to Owner under the terms of this Agreement at the rate specified in Schedule A for specific routes and movements, without discount, when Cargo is loaded based on the quantity loaded as determined in Article 12 at the loading location as shown by the Provided Vessel's gauges at load port adjusted by the Provided Vessel's experience factor for the previous five independently inspected loadings (VEF) which determination may be verified by an Independent Certified Petroleum Inspector at Hess' option and expense. In the absence of such Provided Vessel's gauge information, the relevant shore tank gauges as recorded by the associated facility will be used. If shore tank gauges are unavailable, freight will be payable based on an Independent Certified Petroleum Inspector's Report of such quantity.
C. Moves not specified in Schedule A will be determined with reference to the rates and terms as set out in Schedules A and B.
D. Unless otherwise specified and to the extent not prohibited by law, dues, taxes and other charges upon the Provided Vessel (excluding those assessed on the quantity of Cargo loaded or discharged or on the freight) will be paid by Owner and dues, taxes and other charges on the Cargo will be paid by Hess. Hess will be responsible for any charges for the use of any place(s) arranged by Hess solely for the purpose of loading or discharging cargo. However, Owner will be responsible for charges for any such place(s) when used solely for purposes of the Provided Vessel, such as, but not limited to, awaiting Owner's orders, tank cleaning, repairs, before, during or after loading or discharging. If the parties enter into a Use Agreement for Hesx'x Xxooklyn, New York, facility, Owner's tugs and/or barges (without gas bottoms) will be able to lay up at Pier 2.
E. The rates stipulated in Schedules A and B will be fixed for the first Contract Year, with an escalation of [Confidential material omitted and filed separately with the Commission]% in each of the second through sixth Contract Years, to be applied to the then current rates per Schedules A and B.
F. If the operating costs of the Provided Vessels increase or decrease due to the imposition of new taxes or the increase or decrease in existing taxes and fees (exclusive of income taxes); or ...
Freight and Taxes. Any increase in freight rates paid by Seller on shipments covered by the Contract and hereafter becoming effective and any tax or governmental charge or increase in same (excluding any franchise or income tax or other tax or charge based on income) (a) increasing the cost to Seller of producing, selling or delivering the goods or of procuring materials used therein or (b) payable by Seller because of the production, sale or delivery of the goods, such as sales tax, use tax, retailer’s occupational tax, gross receipts tax, value added tax, may, at Seller’s option, be added to the price herein specified.
Freight and Taxes. Any increase in freight rates paid by Seller on shipments covered by this Agreement and any tax or governmental charge or increase in same hereafter becoming effective increasing the cost to Seller of producing, selling or delivering the goods or of procuring the materials used therein, and any tax now in effect or increase in same payable by Seller because of the importation, production, sale or delivery of the materials, other than income or franchise taxes, may, at Seller's option, be added to the purchase price herein specified. credited to Xxxxx's account or reimbursed directly to Buyer. 13. PATENT DISCLAIMER. Seller does not warrant that the use
3. PAYMENT TERMS. Payment terms are net thirty (30) days The remedies stated herein are the sole and exclusive of the products delivered will not infringe upon the claims of from date of invoice. remedies available for failure of the material to conform to any United States or other patents covering the use thereof Seller's specifications. BUYER'S REMEDIES ARE in combination with other products or in the operation of any
4. BUYER'S CREDIT. Seller reserves the right, among other THEREFORE LIMITED TO REPAIR, REPLACEMENT OR process. remedies, either to terminate this Agreement or to suspend REFUND OF THE PURCHASE PRICE, AND UNDER NO
Freight and Taxes. Unless otherwise specified in any Order, in addition to the purchase price of the Products and any other amounts required to be paid by Purchaser under the applicable Order, Purchaser shall be solely responsible for and, upon demand of Seller, shall pay to Seller the amount of all governmental taxes, duties and other charges (collectively, “Taxes”) imposed under any existing or future law upon or with respect to the sale, purchase, delivery, storage, use or transportation of the Products (excluding income taxes imposed upon Seller). Purchaser may, however, in lieu of payment of any such Taxes, provide to Seller tax exemption certificates, if any, from appropriate taxing authorities in a form acceptable to Seller establishing Purchaser’s exemption from such Taxes.
Freight and Taxes. Unless otherwise agreed, all prices shall be F.O.B. destination, and inclusive of any and all taxes, fees, and surcharges, unless otherwise agreed to in writing. Time shall be of the essence for all deliveries.
Freight and Taxes. Any new tax or any increase in an existing tax or governmental charge, paid by the shipping party, hereafter becoming effective imposed upon the sale, exchange or delivery of the Goods, such as sales tax, use tax, retailer's occupational tax, but excluding taxes based on production or income such as value added, gross receipts or franchise taxes, may, if the transaction covered hereby is a sale, be added to and included as a part of the price herein specified, provided that shipping party invoices such new charges within 90 days following the effective date of their imposition; and, if the transaction covered hereby is an exchange, and, if the effect of such new or increased tax or charge is to increase the cost to the shipping party of exchanging or delivering the Goods or procuring materials used therein, shipping party may notify the receiving party thereof in writing, requesting an adjustment to the differential as a result of such factors. If the parties are unable to agree upon a satisfactory revision to such differential within forty- five (45) days following receipt of such notice, the shipping party may terminate this Contract upon thirty (30) days, written notice to the other party. Shipping party shall be entitled initially to assert that any Superfund tax (or tax of similar purpose or effect) or any increase in any such tax, should become a part of the differential to be paid if the transaction covered hereby is an exchange, or should be added to the price for the Goods, if the transaction covered hereby is a sale, and to include the amount thereof in its invoices for the relevant Goods; provided however, that the shipping party shall not be entitled to continue to collect any such tax, or increase therein, unless such tax, or increase therein, is generally then being taken into account and being included in the differential, or added to the price, as the case may be, by other sellers or exchangers of the Goods covered hereby, and if such other sellers or exchangers are not generally collecting such tax, or increase therein, shipping party shall no longer attempt to collect any such tax, or increase therein, hereunder and there shall be a prompt refund of any amounts theretofore collected therefor from the receiving party. Except as otherwise expressly provided in the special terms and conditions which are applicable to this Contract, freight from the point of passage of title provided for in Section 7 hereof for the Goods shall be for the acco...
Freight and Taxes. All prices are exclusive of any freight, handling and shipping insurance charges, taxes, fees and duties or other similar amounts, however designated, including without limitation value added, sales and withholding taxes which are levied or based upon the prices, charge or upon this Agreement. Customer shall pay any taxes related to products and services provided pursuant to this Agreement (except for taxes based on Itron’s net income) or shall present an exception certificate acceptable to all relevant taxing authorities. Applicable taxes shall, to the extent practical, be billed as a separate item on the invoice.