Common use of Invoices and Payment Clause in Contracts

Invoices and Payment. a. As compensation for Services to be performed by Seller, Buyer shall pay Seller as set forth in this Contract. Buyer shall have no liability for any other expenses or costs incurred by Seller. Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the Services, the actual delivery date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due Seller. Payment shall be subject to the standard payment process set forth elsewhere in the Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the Contract price. Notwithstanding any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller shall be deemed to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the end of the calendar year in which the charges were incurred.

Appears in 7 contracts

Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement

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Invoices and Payment. a. As compensation Unless otherwise authorized by Xxxxx's Authorized Procurement Representative, Seller shall issue a separate original invoice for Services each delivery of Goods that shall include Buyer's Contract number and line item number. Seller shall forward its invoice to be performed by Seller, Buyer shall pay Seller as set forth the address specified elsewhere in this Contract. Unless freight or other charges are itemized, Buyer shall have no liability for may take any other expenses or costs incurred by Selleroffered discount on the full amount of the invoice. Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the ServicesGoods date, the actual delivery of Goods date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s 's check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due Seller. Payment shall be subject to the standard applicable payment process set forth elsewhere in the Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the Contract price. Notwithstanding any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller shall be deemed to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the end of the calendar year in which the charges were incurred.

Appears in 6 contracts

Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement

Invoices and Payment. a. Separate invoices shall be issued for shipments applying against different purchase orders. Supplier's failure to cause its invoice to conform to the PO, delay in providing invoices and errors and omissions on invoices shall be considered just cause for withholding payment and return of invoice to Supplier without payment without losing any applicable cash discount privileges. MBV shall not pay any invoice unless it is accompanied by a valid MBV PO indicating that Supplier had the authority to provide the Services or Items for which Supplier requests payment in the invoice. As compensation for Services the performance by Supplier of its obligations under this Agreement, MBV agrees to be performed by Seller, Buyer shall pay Seller as set forth Supplier the price expressly specified in this Contract. Buyer shall have no liability writing (“Fee”) for any other expenses or costs incurred by Seller. Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the Services, the actual delivery date of the Services or Items upon MBV's acceptance of the date of receipt of Items and Services and/or upon such other terms as may be expressly specified in this Agreement. Payment terms are net 30 days after MBV has both accepted the Service or Items and received a correct proper invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due Seller. Payment shall be subject to the standard payment process set forth elsewhere in the Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller alone shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value evidence of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) acceptance of the Contract priceService or Items. Notwithstanding Supplier warrants that title to all Items and Services paid for by the MBV pursuant to each respective invoice shall pass free and clear of all liens, claims, security interests and/or encumbrances of any other provisions kind. Acceptance of payment by Supplier shall constitute a release by Supplier of any liability of MBV and/or its agents arising out of or relating to this Contract, Buyer Agreement. MBV shall not be obligated to pay Supplier in the event that Supplier is in material default of any of its obligations pursuant to Seller this Agreement or Supplier has failed to promptly pay any amount in excess of its subcontractors for any portion of the Contract priceServices or Items for which MBV has paid Supplier. All payments are subject to MBV's withholding an amount reasonably necessary in MBV's opinion to fully protect and insure itself against any actual or potential liability or damage directly or indirectly related to this Agreement or the Supplier's breach or threatened breach of any other contract and MBV reserves the right to withhold payment until completion of the Services or Items and its acceptance by MBV or until Supplier furnishes proof satisfactory to MBV that all bills for labor covering the Services or Items have been fully paid by Supplier, provided howeverand that the MBV’s premises or Items are not subject to liens of any kind or claims of liens. Supplier shall, at its cost, promptly settle all liens and claims for labor performed in connection with the Services and Items. If Supplier fails to do so, MBV shall have the right, upon notice to Supplier, to settle such liens and claims for the account of Supplier, and deduct the amounts thereof from amounts due to Supplier. Supplier warrants that the prices for the Services and Items sold to MBV hereunder are no less favorable than Supplier currently extends to any other customer for the same or similar goods or services in similar quantities. If Supplier reduces its prices to others for such Services or Items during the term of this sum may be increased from time Agreement, Supplier will reduce the price to time by Xxxxx in writingMBV for such Services or Items correspondingly. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller Supplier warrants that prices shown on each PO shall be deemed to have waived all complete, and that no additional charges and fees that are not invoiced within ninety (90) calendar days after the end of the calendar year in which the charges were incurredany type will be added without MBV's express written consent.

Appears in 6 contracts

Samples: General Terms and Conditions, Master Purchasing Agreement, General Terms and Conditions

Invoices and Payment. a. As compensation Unless otherwise authorized by Xxxxx's Authorized Procurement Representative, Seller shall issue a separate original invoice for Services each delivery of Goods that shall include Buyer's Contract number and line item number. Seller shall forward its invoice to be performed by Seller, Buyer shall pay Seller as set forth the address specified elsewhere in this Contract. Unless freight or other charges are itemized, Buyer shall have no liability for may take any other expenses or costs incurred by Selleroffered discount on the full amount of the invoice. Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the ServicesGoods date, the actual delivery of Goods date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s 's check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due to Seller. Payment shall be subject to the standard payment process set forth elsewhere in the Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller shall not take any action hereunder which could cause Unless otherwise stated, payment under this Contract is due in Great British Pounds (sterling) within 30 days of receipt by Xxxxx of an undisputed invoice satisfying the amount for which Xxxxx would be obligated to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the Contract price. Notwithstanding any other provisions of this Contract, article 16. c. If Buyer shall not be obligated fails to pay to Seller any amount in excess of the Contract price, provided however, that properly due and payable by it under this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for DefaultContract, Seller shall have the right to charge interest on the overdue amount at the rate of 4 per cent per annum above the base rate for the time being of Bank of England accruing on a daily basis from the due date up to the date of actual payment, whether before or after judgment. The payment of interest on outstanding amounts, shall not apply to payments that Buyer disputes in good faith. d. Seller warrants, represents and shall ensure that the price for the Goods is the current list price or, in the case of non-commercially available Goods, a price that would be deemed reasonable and fair if the Goods were to have waived be made commercially available, less any specifically negotiated discounts. Seller agrees that any price reduction for the Goods subsequent to its placement but prior to date of delivery thereof shall be applicable to it. e. Seller shall supply all supporting information reasonably required by Buyer to substantiate invoices and any other supporting information reasonably required by Xxxxx to clarify the relevant charges as set out in an invoice submitted by Seller pursuant to article 16(a). Any failure to supply such information shall entitle Buyer to withhold payment in respect of that part not substantiated or clarified until such information is produced to the reasonable satisfaction of Buyer, and fees that are not invoiced within ninety (90) calendar days after the end such withheld amount shall constitute a disputed payment for purposes of the calendar year in which the charges were incurredthis Contract.

Appears in 3 contracts

Samples: Fixed Price Contract for Goods and/or Services, Purchase Order, Purchase Contract

Invoices and Payment. a. As compensation for Services Invoices will be sent by fax or email to the fax number or email address given by Client to Patheon in writing. Invoices will be sent when the Product is manufactured and released by Patheon to the Client. Patheon will also submit to Client, with each shipment of Products, a duplicate copy of the invoice covering the shipment and the associated Delivery Documentation. Patheon will also give Client an invoice covering any Inventory or Components which are to be performed purchased by SellerClient under Section 5.2 of this Agreement. All payments made that are associated with Inventory or Components will be credited against the Price of any Batch of Product that incorporates the Components and/or Inventory. Each invoice will also reflect any credit to Client under Section 5.2. Each invoice will, Buyer shall to the extent applicable, identify Client’s Manufacturing Services purchase order number, Product numbers, names and quantities, unit price, freight charges, Delivery Documentation and the total amount to be paid by Client. Client will pay Seller all invoices within […***…] days of the date thereof. If any portion of an invoice is disputed, the Client will pay Patheon for the undisputed amount and the Parties will use good faith efforts to reconcile the disputed amount as soon as practicable, but in no case more than […***…] days. Interest on undisputed past due accounts will accrue at […***…]% per month which is equal to an annual rate of […***…]%. The Late Delivery credits set forth in this Contract. Buyer shall Section 5.5(b) are only available to Client if all outstanding undisputed invoices have no liability for any other expenses been paid in full or costs incurred by Seller. Payment due date, including discount periods, shall be computed are within […***…] days outstanding from the invoice date when the Late Delivery arose. In the case of the later of the scheduled delivery date of the Servicesa Deficiency Notice, the actual delivery date of the Services or the date of payments will be due within […***…] days following receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s check is mailed replacement Batch or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due Seller. Payment shall be subject to the standard payment process set forth elsewhere in the Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the Contract price. Notwithstanding any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller shall be deemed to have waived all charges and fees Batches that are not invoiced subject to a Deficiency Notice. Batches that are determined to have a Latent Defect due to Patheon will be either credited against future Batches or refunded at the sole discretion of Client. No payments will be due for Non-Conforming Product and Patheon will use commercially reasonable efforts to replace the Non-Conforming Product within ninety (90) calendar days after the end of the calendar year in which the charges were incurred[…***…] days.

Appears in 3 contracts

Samples: Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc), Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc), Master Manufacturing Services Agreement (Acadia Pharmaceuticals Inc)

Invoices and Payment. a. As compensation for Services Hollister-Stier will submit invoices to be performed by SellerClient reflecting the work cxxxxxxxx xx xxxordance with applicable milestones, Buyer such milestones ("the Milestones") being described in Exhibit 9. Client shall pay Seller all uncontested Hollister-Stier invoices issued pursuant to this Agreement within thxxxx (00) xxxx of the dates thereof. Client shall, within this thirty (30) day period notify Hollister-Stier regarding any contested amounts or questions regardixx xx xxxxxxx xr invoice item. Hollister-Stier agrees to respond to requests by Client to clarify qxxxxxxxx xx xxx invoice or invoice item, and Client agrees that it will use its best efforts to resolve contested invoice items in a timely fashion. Hollister-Stier acknowledges and agrees that Client is not obligated xx xxx xxxx xxntested amounts otherwise due and payable within the thirty (30) day period until such time as set forth in this Contractthe contested issues are resolved to the satisfaction of both Parties, and that Client will not be subject to any penalty or finance charge for such withheld payments. Buyer shall have no liability for any other expenses or costs incurred by Seller. Payment All payments due date, including discount periods, hereunder to Hollister-Stier shall be computed sent to Hollister-Stier at the times set foxxx xxxxxx xx xire transfer of fuxxx xxx xxx Xxxeral Reserve Wire Transfer System to such financial institution as Hollister-Stier may designate to Client in writing from time to time xx xxxxxxxxxx with Section 10.1 hereof. Prior to the value date of each transfer, Client shall notify such person as Hollister-Stier may designate to Client from time to time in accordaxxx xxxx Xxxxxxn 10.1 hereof. Not withstanding the later of foregoing, if Client does not raise at least [CONFIDENTIAL TREATMENT REQUESTED] /*/ in new funds prior to the scheduled delivery date of any CTM batch then Client shall pay for such batch upon delivery. All amounts not paid when due, with the Servicesexception of contested invoices as described herein, shall bear interest from the actual delivery due date at the rate of one and one-half percent (1.5%) per month (or such other percentage, if lower, as shall not exceed the maximum rate permitted by law). The Cost does not include sales, use, consumption, or excise taxes of any taxing authority. Hollister-Stier shall notify Client of any such tax at the execution xx xxxx Xxxxxxent, or upon learning that such taxes are applicable to any of the Product or Services or the date contemplated by this Agreement. The amount of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due Seller. Payment shall be subject to the standard payment process set forth elsewhere in the Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value of fees for Services and authorized expensessuch taxes, if any, are equal will be added to seventythe Cost and shall be reflected in the invoices submitted to Client by Hollister-five percent (75%) of Stier pursuant to this Agreement. Client shall pay the Contract price. Notwithstanding any other amoxxx xx xxxx xxxes to Hollister-Stier in accordance with the payment provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller shall be deemed to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the end of the calendar year in which the charges were incurredAgxxxxxxx.

Appears in 3 contracts

Samples: CTM Agreement (Acusphere Inc), CTM Agreement (Acusphere Inc), CTM Agreement (Acusphere Inc)

Invoices and Payment. a. As compensation for Services to be performed by Seller, Buyer shall pay Seller as set forth in this Contract. Buyer shall have no liability for any other expenses or costs incurred by Seller. Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the Services, the actual delivery date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due Seller. Payment Except for amounts invoiced under articles 22 or 23, Seller shall be subject deemed to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the standard payment process set forth elsewhere end of the calendar year in which the Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxxcharges were incurred. b. Seller shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the Contract price. Notwithstanding any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller shall be deemed to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the end of the calendar year in which the charges were incurred.

Appears in 2 contracts

Samples: Labor Hour/Time & Material Contract, Labor Hour/Time & Material Contract

Invoices and Payment. a. As compensation for Services Hollister-Stier will submit invoices to be performed by Seller, Buyer Client refxxxxxxx xxx xxxk completed in accordance with the applicable milestones described in the applicable Product Development Program Documents. Client shall pay Seller as set forth in all uncontested Hollister-Stier invoices issued pursuant to this Contract. Buyer shall have no liability for any other expenses or costs incurred by Seller. Payment due date, including discount periods, shall be computed from Axxxxxxxx xxxxxx thirty (30) days of the date thereof. Client shall, within the thirty (30) day period notify Hollister-Stier regarding any contested amounts or questions xxxxrding an invoice or invoice item. Hollister-Stier agrees to respond to requests by Cxxxxx xx xxxxxxy questions on any invoice or invoice item, and Client agrees it will use its commercially reasonable best efforts to resolve contested invoice items in a timely fashion. Hollister-Stier acknowledges and agrees that Clienx xx xxx xxxxxxted to pay such contested amounts otherwise due and payable within the thirty (30) day period until such time as the contested issues are resolved to the satisfaction of the later of the scheduled delivery date of the Servicesboth Parties, the actual delivery date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due Seller. Payment shall and that Client will not be subject to any penalty or finance charge for such withheld payments. All payments due hereunder to Hollister-Stier shall be sent to Hollister-Stier at the standard payment process set times xxx forth elsewhere in herein by wxxx xxxxxxxx xx funds via the Contract Federal Reserve Wire Transfer System to US Bank, ABA #125000105, Spokane, Washington. Beneficiary: Hollixxxx-Xxxxr Laboratories LLC, Account # 153590000000, Xxxxx Xode USBKUS44JMT. All amounts not paid when due, with xxx xxxxxxxon of contested invoices as described herein, shall bear interest from the due date at the rate of one and one-half percent (1.5%) per month (or such other percentage, if lower, as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated to Seller to exceed the Contract pricemaximum rate permitted by law). Seller The Costs shall advise Buyernot include sales, in writinguse, when consumption, or excise taxes of any taxing authority. Hollister-Stier shall notify Client of any such tax xx xxx xxxxxxion of this Agreement or upon learning that such taxes are applicable to any of the cumulative billable value Product(s) contemplated by this Agreement. The amount of fees for Services and authorized expensessuch taxes, if any, are equal will be added to seventy-five percent (75%) of the Contract price. Notwithstanding any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller Costs and shall be deemed reflected in the invoices submitted to have waived all charges and fees that are not invoiced within ninety (90) calendar days after Client by Hollister-Stier pursuant to this Agreement. Client shall pay xxx amount of such taxes to Hollister-Stier in accordance with the end of the calendar year in which the charges were incurredpayment proxxxxxxx xx xxxx Agreement.

Appears in 2 contracts

Samples: Development and Supply Agreement (Acusphere Inc), Development and Supply Agreement (Acusphere Inc)

Invoices and Payment. a. As compensation Unless otherwise authorized by Xxxxx’s Authorized Procurement Representative, Seller shall issue a separate original invoice for Services each delivery of Goods that shall include but not be limited to be performed by Seller, Buyer Buyer’s Contract number and line item number. Seller shall pay Seller as set forth forward its invoice to the address specified elsewhere in this Contract. Unless freight or other charges are itemized, Buyer shall have no liability for may take any other expenses or costs incurred by Selleroffered discount on the full amount of the invoice. Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the ServicesGoods date, the actual delivery of Goods date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due to Seller. Payment shall be subject to the standard applicable payment process set forth elsewhere in the this Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx.xxxxx://xxx.xxxxxxxxxxxxxxx.xxx/. b. Seller shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the Contract price. Notwithstanding any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Defaultthe “Termination/Cancellation” Article of this Contract, Seller shall be deemed to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the end of the calendar year in which the charges were incurred.

Appears in 1 contract

Samples: Master Off the Shelf Purchase Agreement

Invoices and Payment. a. As compensation Unless otherwise authorized by Xxxxx's Authorized Procurement Representative, Seller shall issue a separate original invoice for Services each delivery of Goods that shall include Buyer's Contract number and line item number. Seller shall forward its invoice to be performed by Seller, Buyer shall pay Seller as set forth the address specified elsewhere in this Contract. Unless freight or other charges are itemized, Buyer shall have no liability for may take any other expenses or costs incurred by Selleroffered discount on the full amount of the invoice. Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the ServicesGoods date, the actual delivery of Goods date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s 's check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due to Seller. Payment shall be subject to the standard payment process and adjustment process set forth elsewhere in the this Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the Contract price. Notwithstanding any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. xxxxx://xxx.xxxxxxxxxxxxxxx.xxx/. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller shall be deemed to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the end of the calendar year in which the charges were incurred.

Appears in 1 contract

Samples: Purchase Agreement

Invoices and Payment. a. As compensation for Services to be performed by Seller, Buyer shall pay Seller as set forth in this Contract. Buyer shall have no liability for any other expenses or costs incurred by Seller. Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the Services, the actual delivery date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due Seller. Payment shall be subject to the standard payment process set forth elsewhere in the Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the Contract price. Notwithstanding any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller shall be deemed to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the end of the calendar year in which the charges were incurred.

Appears in 1 contract

Samples: Purchase Agreement

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Invoices and Payment. a. As compensation for Services to be performed by Seller, Buyer shall pay Seller as set forth in this Contract. Buyer shall have no liability for any other expenses or costs incurred by Seller. Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the Services, the actual delivery date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due to Seller. Payment shall be subject to the standard payment process set forth elsewhere in the this Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx.xxxxx://xxx.xxxxxxxxxxxxxxx.xxx/.. b. Seller shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the Contract price. Notwithstanding any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Articles Termination for Convenience or Cancellation for Default, Seller shall be deemed to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the end of the calendar year in which the charges were incurred.

Appears in 1 contract

Samples: Purchase Agreement

Invoices and Payment. a. As compensation for Services to be performed by Seller, The Seller shall invoice Buyer shall pay Seller upon shipment of Products and at such other times as set forth in any amounts may come due under this Contract. Buyer shall have no liability for any other expenses or costs incurred by SellerAgreement. Payment is due date, including discount periods, shall be computed net sixty (60) days from the date of the later of the scheduled delivery date of the Servicesshipment and invoice. Until December 31, 2002, the actual delivery date balance of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due Seller. Payment shall be subject to the standard payment process set forth elsewhere in the Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated payables owed to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the Contract price. Notwithstanding any other provisions of this Contract, by Buyer shall not be obligated to pay to Seller any amount in excess of the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller shall be deemed to have waived all charges and fees that are not invoiced within unpaid for a period of ninety (90) calendar days or more since the original due date of any such payables shall be less than $400,000.00. >From and after December 31, 2002, no payables shall be unpaid for a period of ninety (90) days or more. (For purposes of this Section 5.1 only, the end balance of the calendar year payables owed by Buyer to Seller shall be determined on a net basis by deducting the total amount due from Seller to Buyer and xxxxxxxx for return of obsolete or unused inventory shall not be considered). Should Buyer fail to comply with any of the foregoing payment provisions, the Seller may, at its sole option, (i) cease shipments to the Buyer or other destination designated by Buyer; and/or (ii) make partial or all future shipments on a C.O.D. basis until such delinquency has been paid. Interest at the rate of 1.0% per month shall accrue and be paid on all amounts that remain unpaid for more than sixty (60) days; provided, however, that no interest shall accrue for any month in which on-time delivery falls below 90% based on a two-month rolling average (assuming Buyer's compliance with all lead time requirements). If a completed Base Product has not been converted into a Final Product within 20 working days of completion of the charges were incurredBase Product because Buyer has not provided the Final Product configuration, the Seller will invoice the Buyer at the rate of 95% of the Final Product price listed in Exhibit C (which shall be credited against any subsequent invoice for the Final Product Configuration of those Base Products). It is the intent of Seller that, subject to restrictions or limitations imposed by Seller's secured lender, Buyer shall, during the Term of this Agreement, always have the right to pay any invoice remaining unpaid for more than sixty (60) days by assigning to Seller Buyer's current, collectible accounts receivable, which shall be applied to the amounts due to Seller upon collection by Seller. Further, Buyer will, at Seller's request, execute a note or notes in favor of Seller in an aggregate amount equal not more than two million, five hundred thousand dollars ($2,500,000.00) to be applied against the accounts receivable due from Buyer to Seller. Such note to bear interest at the rate of nine percent (9%) per annum and be paid over eighteen (18) months from its date.

Appears in 1 contract

Samples: Manufacturing Agreement (Telenetics Corp)

Invoices and Payment. a. As 1. The COUNTY shall pay the CONTRACTOR for the services provided under this Agreement for actual costs incurred by CONTRACTOR in accordance with Attachment B, Contractor’s Budget. The CONTRACTOR’s compensation for Services shall be subject to the limits set forth in the provisions of Section IV, Maximum Amount. CONTRACTOR shall not exceed each year’s annual budgeted amount and shall not roll-over unspent money from the first year budget to the second year budget should the contract be amended to extend the term. The maximum cost of this Contract shall not exceed $1,220,647 as reflected in Attachment B. 2. Payment to CONTRACTOR will be made monthly in arrears provided that CONTRACTOR is not in default under any provision of this Contract, and has submitted a complete and accurate statement of payment due. Costs are to be performed reconciled to the actual cost quarterly as stated in Subparagraph 9.0 hereunder (see Attachment H for format). 3. CONTRACTOR shall prepare and submit the Monthly Invoice (see Attachment G for format), each in an original and one (1) copy, to the CCA on a monthly basis. Monthly Invoices are due by Sellerthe fifteen (15th) after the end of the month in which services were provided, Buyer or payment may be delayed. Attached to each invoice shall be documentation to support the invoiced amounts. This documentation shall include, but not be limited to, those items as specified in the Monthly Management Report (MMR) (Attachment A, Statement of Work, Technical Exhibit 6.2). Payment to the CONTRACTOR shall be only upon written approval of the invoice by CCA or his/her designated representative. CONTRACTOR shall submit the invoice to the CCA at: Department of Public Social Services Contract Management and Monitoring Division 00000 Xxxxxxxxxx Xxxxxxx Xxxxx, 0xx Xxxxx Xxxx xx Xxxxxxxx, XX 00000 4. COUNTY shall review and authorize payment of an accurate invoice as soon as possible after receipt of CONTRACTOR's billing. COUNTY will make a reasonable effort to effect payment to CONTRACTOR within thirty (30) days from receipt of an invoice which is accurate as to form and content. 5. CONTRACTOR shall invoice and COUNTY shall authorize payment only for costs incurred during the invoice month. For invoicing purposes, CONTRACTOR shall clearly identify such costs as for the “Community College CalWORKs Program.” 6. CONTRACTOR shall reconcile their monthly xxxxxxxx on a quarterly basis (see Attachment H, Quarterly Reconciliation Report) for the recently completed quarter (e.g., reconciliation of invoices submitted for September through November, due December 2002), supported by detailed (line item) documentation in accordance with Attachment B, Contractor’s Budget and Employee Benefits: 6.1 Administrative and support services costs shall be separately identified. 6.2 Personnel costs shall be itemized by pay Seller classification. 6.3 One-time only costs shall be clearly identified. 6.4 Any prorated costs shall be clearly identified. 7. CONTRACTOR shall advise COUNTY in writing of any substantive deviations or reallocation of line item costs from CONTRACTOR’s Budget. CONTRACTOR may, with COUNTY’s approval, reallocate funds among each of the major cost categories listed in Attachment B, Contractor’s Budget and Employee Benefits, to a maximum of 15% of each part, not to exceed the total Contract amount. Reallocation of funds by CONTRACTOR by more than 15% between the major cost categories requires written approval of the Director. 8. If the quarterly reconciliation finds that COUNTY’s dollar liability was more than payments made by the COUNTY to CONTRACTOR, or that COUNTY’s dollar liability for such services is less than payments made by COUNTY to the CONTRACTOR, then COUNTY shall either credit or deduct the difference against future payments hereunder to CONTRACTOR. In no event shall COUNTY’s maximum obligation under this Contract exceed the funds appropriated by COUNTY for the purpose of this Contract. 9. Reconciliation invoices will be due by the twentieth (20th) of each month. Reconciliation invoices not filed will cause an immediate payment suspension of all invoices received after the quarterly reconciliation date. 10. COUNTY may delay the last payment due hereunder until six (6) months after the termination of the Contract. CONTRACTOR shall be liable for payment on thirty (30) days written notice of any offset authorized by the Contract not deducted from any payment made by the COUNTY to CONTRACTOR. 11. As this Contract is awarded to a public educational institution, the Contract payment will be subject to Actual Cost Contract requirements. 12. Prior to receiving final payment hereunder, CONTRACTOR shall submit a signed, written release discharging COUNTY, its officers and employees, from all liabilities, obligations, and claims arising out of CONTRACTOR’s performance, under the Contract, except for any claims specifically described in detail in such release. 13. COUNTY shall have no requirement for payment other than as set forth in this Contract. Buyer shall have no liability for any other expenses or costs incurred by Seller. Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the Services, the actual delivery date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due Seller. Payment shall be subject to the standard payment process set forth elsewhere in the Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the Contract price. Notwithstanding any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller shall be deemed to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the end of the calendar year in which the charges were incurred.

Appears in 1 contract

Samples: Community College Calworks Program Agreement

Invoices and Payment. a. As compensation (i) Unless otherwise authorized by Xxxxx's Authorized Procurement Representative, Seller shall issue a separate original invoice for Services each delivery of Goods that shall include Buyer's contract number and line item number. Seller shall forward its invoice to be performed by Seller, Buyer shall pay Seller as set forth the address specified elsewhere in this Contract. Unless freight or other charges are itemized, Buyer shall have no liability for may take any other expenses or costs incurred by Seller. offered discount on the full amount of the invoice. (ii) Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the ServicesGoods date, the actual delivery of Goods date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. . (iii) Payment shall be deemed to have been made on the date the Buyer’s 's check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due Seller. Payment . (iv) Unless otherwise provided, terms of payment shall be net forty-five (45) days from the latest of the following: (1) Buyer’s receipt of Seller’s proper invoice; (2) scheduled delivery date of the Work; or (3) actual delivery of the Work. (v) Each payment made shall be subject to reduction to the standard payment process set forth elsewhere in the Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller shall not take any action hereunder which could cause extent of the amount for which Xxxxx would is found by Buyer or Seller not to have been properly payable and shall also be obligated subject to Seller to exceed the Contract priceoverpayment. Seller shall advise Buyerpromptly notify Buyer of any such overpayment found by Seller. (vi) Buyer shall have a right to recoup or set off, in writingas the case may be, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the against payments due or at issue under this Contract price. Notwithstanding or any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of contract between the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller Parties. (vii) All invoices shall be deemed submitted (by email or physical mail) to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the end attention of Xxxxx’s Accounts Payable, at the calendar year in which the charges were incurred.following address, as applicable: Applied Composites – Lake Forest, Attention: Accounts Payable, Email: XX.XXXX@xxxxxxxxxxxxxxxxx.xxx 00000 Xxxxxxxxxxxx Xx. Lake Forest, CA 92630 Applied Composites – Indianapolis, Attention: Accounts Payable, Email: XX.XXXX@xxxxxxxxxxxxxxxxx.xxx 000 X Xxxxx Xxxxxx Xx. Indianapolis, IN 46231 Applied Composites – San Diego, Attention: Accounts Payable, Email: XX.XXXX@xxxxxxxxxxxxxxxxx.xxx 0000 Xxxxxxxx Xx. San Diego, CA 92126 Applied Composites – Los Alamitos, Attention: Accounts Payable, Email: XX.XXXX@xxxxxxxxxxxxxxxxx.xxx 0000 Xxxxxxxxx Xxxxxx Xxxxx Los Alamitos, CA 90720

Appears in 1 contract

Samples: Purchase Contract

Invoices and Payment. a. As compensation Unless otherwise authorized by Xxxxx's Authorized Procurement Representative, Seller shall issue a separate original invoice for Services each delivery of Goods that shall include Buyer's contract number and line item number. Seller shall forward its invoice to be performed by Seller, Buyer shall pay Seller as set forth the address specified elsewhere in this Contract. Unless freight or other charges are itemized, Buyer shall have no liability for may take any other expenses or costs incurred by Seller. offered discount on the full amount of the invoice. b. Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the ServicesGoods date, the actual delivery of Goods date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. . c. Payment shall be deemed to have been made on the date the Buyer’s 's check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due Seller. Payment . d. Unless otherwise provided, terms of payment shall be net forty-five (45) days from the latest of the following: (1) Buyers receipt of Seller’s proper invoice; (2) schedule delivery date of the Work; or (3) actual delivery of the Work. e. Each payment made shall be subject to reduction to the standard payment process set forth elsewhere in the Contract extent of amount which are found by Buyer or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller not to have been properly payable and shall not take any action hereunder which could cause the amount for which Xxxxx would also be obligated subject to Seller to exceed the Contract priceoverpayment. Seller shall advise Buyerpromptly notify Buyer of any such overpayment found by Seller. f. Buyer shall have a right to recoup or setoff, in writingas the case may be, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the against payments due or at issue under this Contract price. Notwithstanding or any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of contract between the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller parties. g. All invoices shall be deemed mailed to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the end attention of Buyers Account Payable, at the calendar year in which the charges were incurred.following address: Alliance Spacesystems, LCC Attention: Accounts Payable 0000 Xxxxxxxxx Xxxxxx Xxxxx Xxx Xxxxxxxx, XX 00000

Appears in 1 contract

Samples: General Terms and Conditions of Purchase

Invoices and Payment. a. As compensation for Services to be performed by Seller, Buyer shall pay Seller as set forth in this Contract. Buyer shall have no liability for any other expenses or costs incurred by Seller. a. Unless otherwise authorized by Xxxxx's Authorized Procurement Representative, Seller shall issue a separate original invoice for each delivery of Service that shall include Buyer's contract number and line item number. Seller shall forward its invoice to the address specified elsewhere in this Contract. Unless freight or other charges are itemized, Buyer may take any offered discount on the full amount of the invoice. b. Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the ServicesService date, the actual delivery of Services date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. . c. Payment shall be deemed to have been made on the date the Buyer’s 's check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due Seller. Payment . d. Unless otherwise provided, terms of payment shall be net forty-five (45) days from the latest of the following: (1) Buyers receipt of Seller’s proper invoice; (2) schedule delivery date of the Services; or (3) actual delivery of the Service. e. Each payment made shall be subject to reduction to the standard payment process set forth elsewhere in the Contract extent of amount which are found by Buyer or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx. b. Seller not to have been properly payable and shall not take any action hereunder which could cause the amount for which Xxxxx would also be obligated subject to Seller to exceed the Contract priceoverpayment. Seller shall advise Buyerpromptly notify Buyer of any such overpayment found by Seller. f. Buyer shall have a right to recoup or setoff, in writingas the case may be, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the against payments due or at issue under this Contract price. Notwithstanding or any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of contract between the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Default, Seller parties. g. All invoices shall be deemed mailed to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the end attention of Buyers Account Payable, at the calendar year in which the charges were incurred.following address: Alliance Spacesystems, LCC Attention: Accounts Payable 0000 Xxxxxxxxx Xxxxxx Xxxxx Xxx Xxxxxxxx, XX 00000

Appears in 1 contract

Samples: General Terms and Conditions of Purchase

Invoices and Payment. a. As compensation Unless otherwise authorized by Buyer's Authorized Procurement Representative, Seller shall issue a separate original invoice for Services each delivery of Goods that shall include but not be limited to be performed by Seller, Buyer Buyer's Contract number and line item number. Seller shall pay Seller as set forth forward its invoice to the address specified elsewhere in this Contract. Unless freight or other charges are itemized, Buyer shall have no liability for may take any other expenses or costs incurred by Selleroffered discount on the full amount of the invoice. Payment due date, including discount periods, shall be computed from the date of the later of the scheduled delivery date of the ServicesGoods date, the actual delivery of Goods date of the Services or the date of receipt of a correct invoice. Payments shall be processed on the next payment system run following the computed payment due date. Payment shall be deemed to have been made on the date the Buyer’s 's check is mailed or payment is otherwise tendered. Seller shall promptly repay to Buyer any amounts paid in excess of amounts due to Seller. Payment shall be subject to the standard payment process and adjustment process set forth elsewhere in the this Contract or as set forth at: xxxx://xxx.xxxxxxxxxxxxxxx.xxx.xxxxx://xxx.xxxxxxxxxxxxxxx.xxx/. b. Seller shall not take any action hereunder which could cause the amount for which Xxxxx would be obligated to Seller to exceed the Contract price. Seller shall advise Buyer, in writing, when the cumulative billable value of fees for Services and authorized expenses, if any, are equal to seventy-five percent (75%) of the Contract price. Notwithstanding any other provisions of this Contract, Buyer shall not be obligated to pay to Seller any amount in excess of the Contract price, provided however, that this sum may be increased from time to time by Xxxxx in writing. Except for amounts invoiced under articles Termination for Convenience or Cancellation for Defaultthe “Termination/Cancellation” Article of this Contract, Seller shall be deemed to have waived all charges and fees that are not invoiced within ninety (90) calendar days after the end of the calendar year in which the charges were incurred.

Appears in 1 contract

Samples: Purchase Agreement

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