Common use of Invoicing and Payment Clause in Contracts

Invoicing and Payment. 12.1 In consideration of the due performance of SERVICES supplied on rental or hire, VERIPOS shall, at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 5 contracts

Samples: Terms and Conditions, Terms and Conditions Agreement, Terms and Conditions Agreement

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Invoicing and Payment. 12.1 In consideration 2.1 The fee payable by the Buyer to the Supplier for the Goods and/or Services will be the Fee set out in the Purchase Order Specifics. The Supplier shall not be entitled to any remuneration, reimbursement or payment of any other amount in respect of the due performance provision of SERVICES supplied on rental the Goods and/or Services. 2.2 The Supplier shall submit an Invoice to the Buyer immediately or hire, VERIPOS shall, at least by the end of each calendar month or on completion for the Goods and/or Services supplied in that month. 2.3 The Invoice must set out: (a) particulars of the rental TERM Supplier entity, including its company number (if applicable); (b) particulars of all Goods and/or Services supplied by the Supplier during the relevant period; (c) the amount payable (including currency) by the Buyer in respect of those Goods and/or Services and particulars of how such amount was calculated and supporting evidence; (d) the number of the Purchase Order and/or the Supply Agreement to which the Invoice relates; and (e) any further information stipulated in any Applicable Law relating to GST, or hire TERM where earlierby the Buyer, submit to enable the Buyer to claim an invoice input tax credit. 2.4 The Buyer will (subject to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoingGoods and/or Services having been satisfactorily received, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, or completed and accepted by the CLIENT, will be invoiced as a single lump sum at Buyer and subject to the start prompt issuance of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT Invoice to the DELIVERY POINT, submit an invoice for Buyer) pay the full purchase price plus any associated delivery, preparation or mobilisation charges amount properly invoiced by the Supplier (except to the extent that the Invoice is in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, dispute) within thirty (30) calendar days of date of after receipt of invoice. Where bank charges occur as a result the Invoice. 2.5 Failure by the Buyer to pay the amount payable at the time due shall not be grounds to invalidate or terminate this Purchase Order nor entitle the Supplier to the payment of any payment transfer interest charge. 2.6 The Buyer may deduct from CLIENT such amount as may be due and payable by the Buyer pursuant to VERIPOSthis Purchase Order, said bank charges will be for any amounts payable by the CLIENT’S account and VERIPOS shall be entitled Supplier to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part Buyer. 2.7 The failure of the invoice is validly disputed, CLIENT shall pay Supplier to comply with the undisputed portion within requirements set out in clauses 2.1to 2.3may result in the stated time scale. Thereafter Invoice being returned by the PARTIES shall expeditiously negotiate Buyer and a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum delay in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereofInvoice. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 4 contracts

Samples: Supply Agreement, Supply Agreement, Supply Agreement

Invoicing and Payment. 12.1 In consideration 13.1 GSB shall for each calendar month produce a Billing Statement (Schedule D), which shall state the various payments to be made under this Agreement. 13.2 GSB shall submit to the Customer in the course of the month following that for which a liability to pay Fees, Gas-in-Storage Price, Outage LDs, settlement of Default Quantities under Article 15.1 and/or a termination settlement in accordance with Article 17.6.4 is incurred by the Customer and/or GSB, an invoice for such amounts incurred in the previous month (the “Invoice”). The Invoice shall refer to the relevant Billing Statement. Amounts payable and amounts receivable shall be set-off against each other in the Invoice. 13.3 The Customer shall pay to the GSB Bank Account (or if the net amounts payable is due performance by GSB, GSB shall pay to the Customer Bank Account), by wire transfer in freely available funds, the amount set forth in the Invoice on or before the “Due Date”, being the later to occur of: 13.3.1 the twentieth (20th) day of SERVICES supplied the calendar month; or 13.3.2 the tenth (10th) day following receipt of an invoice. 13.4 All payments under this Agreement shall be made in Euro unless otherwise agreed between the Parties. 13.5 Any Fees invoiced by GSB shall be net of any applicable taxes and duties. GSB is entitled to add to such invoices taxes, duties or levies of a similar nature lawfully imposed on rental GSB by a Competent Authority with respect to the services performed. 13.6 Late payments shall accrue interest at the Default Interest Rate from and including the Due Date to, but excluding, the date of payment. 13.7 If a Party, in good faith, disputes the accuracy of an Invoice, it shall, on or hirebefore the Due Date provide a written explanation of the basis for the dispute and shall pay the full amount invoiced no later than the Due Date. If any amount paid under dispute is finally determined to have not been due, VERIPOS such overpayment shall, at the end of each calendar month or on completion election of the rental TERM owed Party, be credited or hire TERM where earlier, submit an invoice returned to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and it within ten (10) working days Days of such determination, along with interest accrued at the Default Interest Rate, from and including the date such amount was paid to the other Party but excluding the date returned or credited. 13.8 No Party has the right to withhold payment nor has any right of set off under this Agreement or otherwise, other than specifically permitted by this Agreement. 13.9 For the purposes of this Agreement and without limitation to the calculation of Fees and the preparation of Invoices, in the event of Insolvency of the invoice to which Customer or GSB, this Agreement and all Primary Capacity Agreements, Register Transfers entered into by the interest relates. Payment of the invoice claiming the interest Customer under this Agreement shall be in accordance with the provisions of CLAUSE 12.4 hereoftaken as and construed to be one agreement. 12.6 Notwithstanding 13.10 GSB may set off any overdue payments by the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENTCustomer under this Agreement against the Customer’s Gas-in-Storage for these purposes valued at the nearest published Neutral Gas Price, and any overdue invoice remains outstanding GSB shall promptly notify the Customer hereof, and reduce the Customer’s Gas- in-Storage accordingly. Unless Customer is Insolvent, GSB shall issue a fourteen (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (2414) hours written notice of such action. Such notice may be made by email or facsimile transmissiondays’ prior Notice.

Appears in 4 contracts

Samples: Storage Services Agreement, Storage Services Agreement, Storage Services Agreement

Invoicing and Payment. 12.1 In consideration of (a) The Contractor will issue invoices and supporting documentation as set out in the due performance of SERVICES supplied on rental payment schedule, if applicable, or hire, VERIPOS shall, at the end of each calendar month or on monthly. All invoices will be issued no later than 90 days after completion of the rental TERM or hire TERM where earlierWork and the Consultant is deemed to have waived all charges and fees not invoiced within such 90 days. All invoices delivered by the Consultant must meet CNL’s requirements, submit an invoice and at a minimum provide: (i) The applicable Purchase Order number; (ii) Description of the Work, including reference to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges applicable Purchase Order line item and dollar amount in accordance with the applicable rates specified Purchase Order line item value(s); (iii) any taxes payable by CNL, shown as separate items; and (iv) the Contractor’s GST Registration Number. (b) All invoices and supporting documentation must be sent via email to xxxxxxxx@xxx.xx as a PDF attachment. All emails must contain the Purchase Order number and invoice number(s) in the PROPOSALsubject line of the email, or where no PROPOSAL has been issued, as advised separately with each attached PDF named by VERIPOS in writingPurchase Order number and invoice number(s). 12.4 The CLIENT shall pay (c) Multiple invoices in one PDF will be accepted provided all the invoices issued are associated with the same Purchase Order number. PDF's received that include invoices belonging to multiple Purchase Order numbers may be returned and not processed for payment. (d) General enquiries regarding invoicing may be sent to: xxxxxxxx@xxx.xx or by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, telephone at: 000-000 0000 (e) Undisputed invoices will be payable within thirty (30) calendar days of following the date of CNL’s receipt of a complete invoice. Where bank charges occur as a result Each invoice will be subject to verification by CNL. CNL shall have the right to withhold payments due to the Contractor hereunder and apply same to the payment of any payment transfer from CLIENT obligations of the Contractor to VERIPOSCNL. Such withholding of disputed amounts shall not be deemed a breach of this Contract nor shall any interest be charged on such amounts. (f) CNL will provide the Contractor with Notice of any disputed invoice, said bank charges will be or portion thereof, which shall indicate the amount withheld and the reason for the CLIENT’S account and VERIPOS withholding payment. Any undisputed portion of an invoice shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment paid in accordance with CLAUSE 12.4 until subsection (e) above. The Parties will negotiate in good faith and discuss any disputed amount. The Parties agree that the date on which actual payment is made. Any such interest to Consultant may be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be paid in accordance with any further written agreement between the provisions Parties regarding the amount to be paid in satisfaction of CLAUSE 12.4 hereofthe Contractor’s claim. The payment of any invoice shall not prejudice CNL’s right to dispute such invoice. 12.6 Notwithstanding (g) Final payment to the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite Contractor shall not relieve the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision Contractor of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email its obligations or facsimile transmissionliabilities under this Contract.

Appears in 3 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

Invoicing and Payment. 12.1 In consideration 4.1 The Freight Operator shall pay for use of the due performance of SERVICES supplied on rental or hire, VERIPOS shall, Fixed Link pursuant to the Freight Operator Agreement at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve Freight Rate (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in fullVAT/TVA), in the currency in which the rates and prices are expressed stipulated in the PROPOSAL, within thirty (30) calendar days of date of receipt of Covering Letter. Eurotunnel will invoice the Freight Operator weekly or at such other intervals as are agreed between the parties in writing. The invoices will cover the travel made on the Freight Operator’s account pursuant to the Freight Operator Agreement for the period noted on the invoice. Where bank charges occur When the Freight Operator pays by SEPA Direct Debit, the invoice sent shall also be considered as a result of any payment transfer from CLIENT to VERIPOS, said bank charges the advance notice. Each SEPA Direct Debit will be for made as from the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding Due Date indicated in the foregoing, if any part of the invoice is validly disputed, CLIENT invoice. 4.2 The Freight Operator shall pay the undisputed portion amount of each invoice within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement fifteen days (15) net of the disputed portiondate of the invoice. Payment shall be made by direct debit or by electronic transfer of funds to the Eurotunnel account notified by Eurotunnel to the Freight Operator (unless agreed otherwise in writing). 12.5 Interest 4.3 In case of late payment, the Freight Operator shall be payable required to pay interest on the amount due at the statutory rate increased by 7 points after the expiry of the aforementioned term, and without the need for late formal notice. It shall also pay a statutory fixed charge to cover debt collection costs of either 40 € or compensation from £40 to £1,000 depending on the outstanding amount, as well as an amount equal to 15% of the amounts due in principal. Eurotunnel shall retain the right to claim damages, call for the immediate payment of correctly prepared all amounts owed by the Freight Operator in the case of deferred and adequately supported invoices. not yet due payment or cancel the current bookings. 4.4 The amount of interest payable shall be based Freight Operator must raise any queries on the then current annual Bank invoice with Eurotunnel within fourteen days (14) of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on of the invoice, failing which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until Freight Operator will be deemed to have accepted the date amounts on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereofinvoice. 12.6 Notwithstanding the provisions of CLAUSE 12.54.5 Eurotunnel may at any time (acting reasonably, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at but in its sole discretion, to ) suspend the provision account facilities of a Freight Operator. If the account is suspended, the Freight Operator Agreement will not apply. 4.6 Eurotunnel will have a lien on any Commercial Vehicle and any Commercial Goods carried by it for all sums which are or become due to Eurotunnel in respect of the SIGNAL SERVICES carriage of Commercial Vehicles, or otherwise arising under this agreement, whether in respect of carriage previously provided or otherwise. In this clause, sums shall include, but are not limited to, damages for breach of contract and recall other unliquidated claims and any previously unsatisfied debts howsoever arising. The lien will extend to include interest on all sums which are or become due before or after the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmissionlien is exercised.

Appears in 3 contracts

Samples: Freight Operator Agreement, Freight Operator Agreement, Freight Operator Agreement

Invoicing and Payment. 12.1 In consideration of the due performance of SERVICES supplied on rental or hire, VERIPOS shall, at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an Supplier shall electronically invoice to the CLIENT Aetna for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges fees set forth in accordance with the applicable rates Schedule. All invoices shall (i) reference Aetna’s purchase order number; (ii) use the fee or rate specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent appropriate Schedule; and (5%iii) and shall be sent in a timely manner to Aetna. Payment terms are [*] ([*]) [*] calculated pro rata on a daily basis. Interest shall run from the date on which the sum invoice was received at Aetna’s Accounts Payable Department. Supplier will send all invoices to Aetna’s Accounts Payable Department Invoices submitted [*] after the invoice due date in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS applicable Schedule shall be invoiced separately presumed to have been paid and within ten (10) working days it shall become Supplier’s burden to demonstrate otherwise. Invoices received [*] or more after the due date in the applicable Schedule shall be deemed null and void and Aetna shall be relieved of payment its obligation to pay them Aetna will electronically pay each invoice that complies with this Section 3.B. unless Aetna has some reasonable basis for non-payment. Failure by Aetna to make payments to Supplier that are reasonably disputed in writing shall not constitute a material breach of the invoice to which the interest relatesAgreement. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being Immediately upon Aetna or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of Supplier determining that Aetna is owed a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision credit of any EQUIPMENTkind, upon giving CLIENT twenty four Supplier shall itemize each such credit on a separate credit memo and submit the credit memo to Aetna. The Supplier will not apply outstanding credits to unpaid invoices. At Aetna’s option, Aetna may request that Supplier submit a check to Aetna in an amount equal to any such credit within [*] (24[*]) hours written notice [*] of such action. Such notice may be made by email or facsimile transmissionAetna’s request to do so.

Appears in 3 contracts

Samples: Master Business Agreement (Benefitfocus, Inc.), Master Business Agreement (Benefitfocus,Inc.), Master Business Agreement (Benefitfocus,Inc.)

Invoicing and Payment. 12.1 In consideration TSC will each month submit to eLoyalty for payment a statement of amounts due under this Agreement. The statement will specify the charge for each of the due performance Services provided during the relevant month. Statements submitted other than after the close of SERVICES supplied a fiscal quarter will be based on rental or hirereasonable estimates of the amounts due, VERIPOS shall, and TSC will perform a true-up at the end of each calendar month or on completion the fiscal quarter. Each statement will specify the nature of the rental TERM Services provided and will contain or hire TERM where earlierbe followed by such other supporting detail as eLoyalty may from time to time reasonably request. eLoyalty will pay or cause its Affiliates receiving the Services to pay all amounts due pursuant to this Agreement within 30 days after the date of each such statement hereunder. If any amounts due hereunder have not been received by the due date, submit such overdue amounts shall bear interest from the due date at the rate of 1% per month, or portion thereof, until received. Either Party shall have the right to withhold any disputed amounts due hereunder if such Party in good faith disputes the amount claimed by the other Party to be due hereunder and such Party notifies the other Party of such dispute within 30 days after the date of the statement containing the disputed amount. The foregoing right to withhold payment of disputed amounts shall be limited to amounts disputed in good faith, and interest will accrue and be payable on the net amount determined to be payable. Neither payments made by eLoyalty nor the acceptance of payments by TSC in the amount or less than the amount shown on TSC's statements shall be construed as an invoice to acceptance or agreement with the CLIENT for amount so stated or the SERVICES amount received, respectively. Except as otherwise provided. 12.2 Notwithstanding , either eLoyalty or TSC may recover from the other the amount of any overpayment or underpayment. Without limiting the generality of the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice TSC may supplement any statement it renders for less than the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which it is entitled hereunder; provided that such supplement is made within a reasonable time after the interest relatesstatement being supplemented. Payment of the invoice claiming the interest shall be In addition to any other rights available to it at law or in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5equity, where SERVICES are being or have been provided upon ten days Notice to CLIENTeLoyalty, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to TSC may suspend the provision of the SIGNAL SERVICES and recall the any Services for which an undisputed statement for provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice Services hereunder from TSC has not been satisfied within 20 days of its due date until such action. Such notice may be made by email or facsimile transmissionstatement has been satisfied.

Appears in 2 contracts

Samples: Shared Services Agreement (Eloyalty Corp), Shared Services Agreement (Eloyalty Corp)

Invoicing and Payment. 12.1 In consideration A/ The invoice for each shipment shall be due at the date of the due performance xxxx of SERVICES supplied lading. It shall be established, after loading, on rental or hire, VERIPOS shall, at the end of each calendar month or on completion basis of the rental TERM or hire TERM where earlier, submit an invoice xxxx of lading weight minus moisture according to the CLIENT for the SERVICES providedpercentage of reference. 12.2 Notwithstanding B/ The settlement of the foregoinginvoice shall be made by way of irrevocable documentary, hire letter of SIGNALcredit, confirmed by a first class international bank, to be paid at sight against the documents agreed upon, by both parties prior to shipment. This letter of credit is to be opened fifteen (15) days before the vessel’s loading date in favour of the Seller with a bank to be indicated by the latter. It should remain valid for a period of sixty (60) days, which may be extended on the request of either party. Such letter of credit is the subject of a twelve (12) calendar month commitment, governed by the CLIENTUniform Customs and Practice for Documentary Credits published by the International Chamber of Commerce (1983 revision, will be invoiced as a single lump sum at publication Nr 400). All bank charges regarding in particular the start opening, amendment, modification, confirmation and negotiation of the TERM. 12.3 In respect letter of PURCHASE EQUIPMENT procured credit shall be borne by CLIENTthe Buyer. Debit notes shall be settled in cash by telegraphic transfer. The Buyer, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT as soon as he issues instructions to the DELIVERY POINTbank for payment, submit an invoice shall send to the Seller a telex specifying the amount paid, the value date and the corresponding invoices and notes. In case of delay, for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in fullwhatever reason, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days settlement of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any all or part of the invoice is validly disputedamount due to the Seller, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest amount remaining to be paid shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus increased by an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS calculated, in case of invoices, and notes annexed thereto, as from the fifteenth (15th) day following the xxxx of lading date, and, in case of separate debit notes, as from the fifteenth (15th) day following the date borne on these. In both cases, such calculation shall be invoiced separately and within ten made on the basis of the London Interbank Offered Rate (10Libor) working days at six (6) months, as it is quoted on the date of the xxxx of lading, increased by a margin of three (3) per cent per year. Interests on arrears shall themselves be increased, under the same conditions as those applied to the principal sum, by interests to be calculated after each period of six (6) months. No dues, taxes or duties to be paid in relation with the settlement of interests in the Buyer’s country shall be borne by the Seller. The payment of interests shall be made without any deduction whatsoever. PHOSPHATE ROCK: General conditions governing (*****) C/ Each delivery being considered as a separate deal, the Seller may suspend deliveries for non-settlement of an invoice or a debit note. If the Buyer goes into liquidation or bankruptcy or if he fails, whatever the reason be, to which conform to the interest relatespayment conditions agreed upon, the Seller shall reserve the right to cancel the contract with respect to the balance of deliveries. Payment As for the quantities already delivered but still floating, the Seller may exercice his right to retain the cargo or the part of the invoice claiming cargo attributed to the interest Buyer. In both cases the Buyer shall be in accordance with remain accountable for the provisions of CLAUSE 12.4 hereofpossible charges and damages thereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 2 contracts

Samples: Agreement (Innophos, Inc.), Agreement Between Ocp and Ti (Innophos Investment Holdings, Inc.)

Invoicing and Payment. 12.1 In consideration A/ The invoice for each shipment shall be due at the date of the due performance xxxx of SERVICES supplied lading. It shall be established, after loading, on rental or hire, VERIPOS shall, at the end of each calendar month or on completion basis of the rental TERM or hire TERM where earlier, submit an invoice xxxx of lading weight minus moisture according to the CLIENT for the SERVICES providedpercentage of reference. 12.2 Notwithstanding B/ The settlement of the foregoinginvoice shall be made by way of irrevocable documentary letter of credit, hire confirmed by a first class international bank, to be paid at sight against the documents agreed upon by both parties prior to shipment. This letter of SIGNALcredit is to be opened fifteen (15) days before the vessel’s loading date in favour of the Seller with a bank to be indicated by the latter. It should remain valid for a period of sixty (60) days, which may be extended on the request of either party. Such letter of credit is the subject of a twelve (12) calendar month commitment, governed by the CLIENTUniform Customs and Practice for Documentary Credits published by the International Chamber of Commerce (1983 revision, will be invoiced as a single lump sum at publication Nr 400). All bank charges regarding in particular the start opening, amendment, modification, confirmation and negotiation of the TERM. 12.3 In respect letter of PURCHASE EQUIPMENT procured credit shall be borne by CLIENTthe Buyer. Debit notes shall be settled in cash by telegraphic transfer. The Buyer, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT as soon as he issues instructions to the DELIVERY POINTbank for payment, submit an invoice shall send to the Seller a telex specifying the amount paid, the value date and the corresponding invoices and notes. In case of delay, for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in fullwhatever reason, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days settlement of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any all or part of the invoice is validly disputedamount due to the Seller, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest amount remaining to be paid shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus increased by an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS calculated, in case of invoices, and notes annexed thereto, as from the fifteenth (15th) day following the xxxx of lading date, and, in case of separate debit notes, as from the fifteenth (15th) day following the date borne on these. In both cases, such calculation shall be invoiced separately and within ten made on the basis of the London Interbank Offered Rate (10Libor) working days at six (6) months, as it is quoted on the date of the xxxx of lading, increased by a margin of three (3) per cent per year. Interests on arrears shall themselves be increased, under the same conditions as those applied to the principal sum, by interests to be calculated after each period of six (6) months. No dues, taxes or duties to be paid in relation with the settlement of interests in the Buyer’s country shall be borne by the Seller. The payment of interests shall be made without any deduction whatsoever. SCHEDULE 1 AMENDMENT N°2 TO THE SALE CONTRACT ADDENDUM N°12 DATED SEPTEMBER 24TH, 2003 PHOSPHATE ROCK: General conditions governing (*****) C/ Each delivery being considered as a separate deal, the Seller may suspend deliveries for non-settlement of an invoice or a debit note. If the Buyer goes into liquidation or bankruptcy or if he fails, whatever the reason be, to which conform to the interest relatespayment conditions agreed upon, the Seller shall reserve the right to cancel the contract with respect to the balance of deliveries. Payment As for the quantities already delivered but still floating, the Seller may exercise his right to retain the cargo or the part of the invoice claiming cargo attributed to the interest Buyer. In both cases, the Buyer shall be in accordance with remain accountable for the provisions of CLAUSE 12.4 hereofpossible charges and damages thereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 2 contracts

Samples: Agreement Between Ocp and Ti (Innophos Investment Holdings, Inc.), Agreement (Innophos, Inc.)

Invoicing and Payment. 12.1 In consideration a. For the provision of the due Storefront, Cingular shall pay to MOTRICITY a revenue share as provided in Appendix 1.1. Cingular will ensure that its billing provider (QPASS) will pay Motricity such revenue share within forty-five (45) calendar days of the last day of each month in which the Total Gross Revenue as defined in Appendix 1.1) was received. b. For invoices and payments other than the monthly revenue share, except as otherwise specified in an SOW, MOTRICITY shall render an invoice in duplicate promptly after the Delivery and Acceptance of Materials or performance of SERVICES supplied on rental Services. The invoice shall specify in detail (1) quantities of each ordered item, (2) unit prices of each ordered item, (3) whether the item is taxable and the amount of tax per item, (4) item and commodity codes, (5) total amounts for each item, (6) total amount of applicable sales or hireuse taxes, VERIPOS shall(7) discounts, (8) total amount due, and (9) software right-to-use fees as either “application” or “operational.” CINGULAR shall pay MOTRICITY in accordance with the prices set forth in this Agreement within forty-five (45) days of the date of receipt of the invoice. Payment for shortages, or Materials or Services not conforming to the Specifications, and portions of any invoice in dispute, may be withheld by CINGULAR until such problem has been resolved. If CINGULAR disputes any invoice rendered or amount paid, CINGULAR shall so notify MOTRICITY. The parties shall use their best efforts to resolve such dispute expeditiously. Invoices received by CINGULAR more than one (1) year after the provision of Materials or performance of Services are untimely and CINGULAR shall have no obligation to pay such invoices. Notwithstanding the foregoing, payment for any SOW for custom development services shall be subject to the Revenue Share Rider provided in Exhibit B. c. All claims for money due or to become due from CINGULAR will be subject to deduction by CINGULAR for any setoff counterclaim for money due or to become due from MOTRICITY, whether under this Agreement or otherwise. Any amount due to CINGULAR that is not so applied against MOTRICITY’s invoices for any reason shall be paid to CINGULAR by MOTRICITY within thirty (30) days after written demand by CINGULAR. d. If an Order or an Appendix specifies that MOTRICITY may submit invoices for progress payments prior to Acceptance, MOTRICITY is permitted to submit invoices at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice and CINGULAR will make progress payments to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum MOTRICITY at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days day intervals. Such progress payments shall not exceed ninety percent (90%) of date satisfactorily completed work at the time of receipt of invoicebilling, as determined by CINGULAR. Where bank charges occur as a result of any payment transfer from CLIENT MOTRICITY agrees to VERIPOS, said bank charges will be use such progress payments for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT expenses incurred for such amount(s). Notwithstanding the foregoing, if any part Services or Material used in performance of the invoice is validly disputedWork Order for CINGULAR. e. MOTRICITY agrees to accept standard, CLIENT commercial methods of payment and evidence of payment obligation including, but not limited to CINGULAR’s purchase orders and electronic fund transfers in connection with the purchase of the Materials and Services. f. CINGULAR, through its billing vendor, shall pay MOTRICITY on thirty day (monthly) cycle within 45 days after Cingular receipt and confirmation of invoice from Cingular’s billing services vendor (QPass) (e.g. April billing cycle potentially received by Cingular on May 5th, confirmed on May 10th, payment sent by Cingular by approximately June 15th.) Cingular will make every effort to ensure payment is made no later than 60 days after the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement end of the disputed portionbilling period. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 2 contracts

Samples: Master Services Agreement (Motricity Inc), Master Services Agreement (Motricity Inc)

Invoicing and Payment. 12.1 In consideration A/ The invoice for each shipment shall be due at the date of the due performance xxxx of SERVICES supplied lading. It shall be established, after loading, on rental or hire, VERIPOS shall, at the end of each calendar month or on completion basis of the rental TERM or hire TERM where earlier, submit an invoice xxxx of lading weight minus moisture according to the CLIENT for the SERVICES providedpercentage of reference. 12.2 Notwithstanding B/ The settlement of the foregoinginvoice shall be made by way of irrevocable documentary letter of credit, hire confirmed by a first class international bank, to be paid at sight against the documents agreed upon by both parties prior to shipment. This letter of SIGNALcredit is to be opened fifteen (15) days before the vessel’s loading date in favour of the Seller with a bank to be indicated by the latter. It should remain valid for a period of sixty (60) days, which may be extended on the request of either party. Such letter of credit is the subject of a twelve (12) calendar month commitment, governed by the CLIENTUniform Customs and Practice for Documentary Credits published by the International Chamber of Commerce (1983 revision, will be invoiced as a single lump sum at publication Nr 400). All bank charges regarding in particular the start opening, amendment, modification, confirmation and negotiation of the TERM. 12.3 In respect letter of PURCHASE EQUIPMENT procured credit shall be borne by CLIENTthe Buyer. Debit notes shall be settled in cash by telegraphic transfer. The Buyer, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT as soon as he issues instructions to the DELIVERY POINTbank for payment, submit an invoice shall send to the Seller a telex specifying the amount paid, the value date and the corresponding invoices and notes. In case of delay, for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in fullwhatever reason, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days settlement of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any all or part of the invoice is validly disputedamount due to the Seller, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest amount remaining to be paid shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus increased by an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS calculated, in case of invoices and notes annexed thereto, as from the fifteenth (15th) day following the xxxx of lading date, and, in case of separate debit notes, as from the fifteenth (15th) day following the date borne on these. In both cases, such calculation shall be invoiced separately and within ten made on the basis of the London Interbank Offered Rate (10Libor) working days at six (6) months, as it is quoted on the date of the xxxx of lading, increased by a margin of three (3) per cent per year. Interests on arrears shall themselves be increased, under the same conditions as those applied to the principal sum, by interests to be calculated after each period of six (6) months. No dues, taxes or duties to be paid in relation with the settlement of interests in the Buyer’s country shall be borne by the Seller. The payment of interests shall be made without any deduction whatsoever. (*****) (*****) ADDENDUM N°9 BETWEEN OCP AND INNOPHOS FM DATED FEBRUARY 16TH, 2005 TO THE AGREEMENT BETWEEN OCP AND TI DATED SEPTEMBER 10TH, 1992 XXXXXXXXX XXXX: General conditions governing (*****) C/ Each delivery being considered as a separates deal, the Seller may suspend deliveries for non-settlement of an invoice or a debit note. If the Buyer goes into liquidation or bankruptcy or if he fails, whatever the reason be, to which conform to the interest relatespayment conditions agreed upon, the Seller shall reserve the right to cancel the contract with respect to the balance of deliveries. Payment As for the quantities already delivered but still floating, the Seller may exercise his right to retain the cargo or the part of the invoice claiming cargo attributed to the interest Buyer. In both cases, the Buyer shall be in accordance with remain accountable for the provisions of CLAUSE 12.4 hereofpossible charges and damages thereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 2 contracts

Samples: Agreement (Innophos, Inc.), Agreement Between Ocp and Ti (Innophos Investment Holdings, Inc.)

Invoicing and Payment. 12.1 In consideration of the due performance of SERVICES supplied on rental or hire, VERIPOS shall, at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit 16.1 SCC may issue an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges Charges relating to the Services in accordance with the applicable rates timescales specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writingrelevant Order. 12.4 16.2 The CLIENT Customer shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of the date of receipt of such invoice. Where No payment will be deemed to have been received until SCC has received full and cleared funds. 16.3 All sums payable under an Order: (a) are exclusive of VAT or any other applicable tax or duty which must be paid in addition at the rate and in the manner prevailing at the relevant tax point and will become due immediately upon termination of an Order (as applicable); and (b) shall be in Pounds Sterling to SCC’s bank charges occur account as a result SCC may from time to time notify the Customer. 16.4 All payments to be made by the Customer under an Order will be made in full and without any set- off, restriction or condition and without any deduction or withholding for or on account of any payment transfer from CLIENT counterclaim or any present or future taxes, levies, duties, charges, fees, deductions or withholdings of any nature, unless the Customer is required by law to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS make any such deduction or withholding. 16.5 SCC shall be entitled to invoice CLIENT for such amount(s). Notwithstanding impose a credit limit on the foregoing, if Customer and/or require payment of an increased security deposit and on written notice to the Customer may suspend or withhold any part Services (or the delivery of any Products) in excess of the credit limit or security deposit, in the event that the Customer: (a) suffers a material and negative change in its financial or trading condition or in its credit rating; and/or (b) fails to make payment in cleared funds within thirty (30) days of SCC's notification of non- payment. 16.6 SCC will be entitled to appoint a debt collection agency registered with the Financial Conduct Authority (FCA) for recovery of outstanding payments. In this event, the Customer agrees that additional charges will be levied to cover the costs of the debt collection agency. 16.7 In the event that the Customer reasonably disputes an invoice is validly disputed, CLIENT in good faith: (a) the Customer shall immediately notify SCC in writing explaining why in good faith it disputes the Charges set out on the invoice and pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions terms of CLAUSE 12.4 hereofthis Framework Agreement; (b) the Parties shall meet to resolve such dispute in good faith, escalating the dispute where appropriate in accordance with the Dispute Resolution Procedure and continue to perform their respective obligations under this Framework Agreement and the affected Order while any dispute is being resolved, unless and until such obligations are terminated by the termination or expiration of this Framework Agreement and/or the affected Order. 12.6 Notwithstanding 16.8 If any sum payable under an Order which is not the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue subject of a reminder good faith dispute is not paid by VERIPOS for payment of same to be made)the due date, then VERIPOS without prejudice to SCC’s other rights and remedies, SCC reserves the right to: (a) charge interest on such sum on a day to day basis (after as well as before any judgment) from the date or last date for payment thereof to the date of actual payment (both dates inclusive) at its sole discretion, the rate of four percent (4%) per annum over the LIBOR base rate (or such other London Clearing Bank as SCC may nominate) from time to time in force. Such interest shall be paid on demand by the Customer; or (b) suspend the provision of the SIGNAL SERVICES Services (or delivery of the Products) until payment has been received in full pursuant to Clause 18.5(a). 16.9 If the Services or Products are delivered in instalments or performed in stages, SCC reserves the right to invoice each instalment or stage as and recall when delivery is made to the provision Customer or the performance of any EQUIPMENTa stage commences in which case payment shall be due in accordance with Clause 16.2, upon giving CLIENT twenty four (24) hours written notice notwithstanding non-delivery of such action. Such notice may be made by email other instalments or facsimile transmissionstages or fulfilment of the entire Order.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

Invoicing and Payment. 12.1 5.1 Lessee agrees to pay Lessor, as an advance payment for the four and a half months of fixed monthly fees(each monthly fee in an amount of [***]), a deposit in the amount of [***] upon the signing of this Agreement, (the “Deposit”). In consideration the event that Lessee exercises the Purchase Option to purchase the Aircraft as described under Clause 9 of this Agreement, Lessor agrees to credit the Deposit against the Purchase Price (as defined in Clause 9 of this Agreement). In the event HRT decides to terminate this Agreement before the Term expires and without exercising the Purchase Option, Lessor shall return a portion of the due performance Deposit to Lessee, which amount shall be determined on the basis of SERVICES supplied on rental or hire, VERIPOS shall, at the time remaining from the date of termination to the end of the Term. 5.2 At the beginning of each calendar month or during the Term, Lessor shall prepare an invoice which includes amounts due for the prior calendar month taking into account the hourly rates and any other rates, but not the fixed monthly fees, set forth on completion Appendix B (the “Invoice”). The Invoice shall be provided to Lessee within fifteen (15) days of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start final day of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within preceding calendar month. Within thirty (30) calendar days of the date of receipt of invoiceInvoice, Lessee shall make payment to Lessor. Where bank charges occur as a result of Payment shall not be reduced for any payment transfer from CLIENT Taxes or other withholding. Lessee hereby agrees that interest in the amount proportionally to VERIPOS[***] shall accrue upon any past due amounts owing hereunder, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest and all accrued interest shall be payable for late by Lessee to Lessor upon demand. 5.3 The payment of correctly prepared any and adequately supported invoices. The amount of interest payable all amounts under this Agreement by Lessee to Lessor shall be based on made in United States Dollars and by wire transfer of immediately available funds, without any set-off or counterclaim whatsoever and free and clear of any deductions and withholdings, to the then current annual Bank bank account set forth below: [***] 5.4 Lessee and Lessor agree that all fuel costs for the operation of England ‘Base Rate’ plus an annual percentage of five percent (5%) and the Aircraft shall be calculated pro rata on a daily basisborne by the Lessee. Interest Accordingly, Lessee agrees that Lessor shall run from not be responsible for any fuel costs relating to the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment operation of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENTAircraft under this Agreement, and any overdue invoice remains outstanding (despite Lessee acknowledges that the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision Lease Rates are not inclusive of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmissionAircraft fuel costs.

Appears in 2 contracts

Samples: Aircraft Lease and Purchase Option Agreement (Erickson Air-Crane Inc), Aircraft Lease and Purchase Option Agreement (Erickson Air-Crane Inc)

Invoicing and Payment. 12.1 In consideration 13.1 GSB shall for each calendar month produce a Billing Statement (Schedule D), which shall state the various payments to be made under this Agreement. 13.2 GSB shall submit to the Customer in the course of the month following that for which a liability to pay Fees, Gas-in-Storage Price, Outage LDs, settlement of Default Quantities under Article 15.1 and/or a termination settlement in accordance with Article 17.6.4 is incurred by the Customer and/or GSB, an invoice for such amounts incurred in the previous month (the “Invoice”). The Invoice shall refer to the relevant Billing Statement. Amounts payable and amounts receivable shall be set-off against each other in the Invoice. 13.3 The Customer shall pay to the GSB Bank Account (or if the net amounts payable is due performance by GSB, GSB shall pay to the Customer Bank Account), by wire transfer in freely available funds, the amount set forth in the Invoice on or before the “Due Date”, being the later to occur of: 13.3.1 the twentieth (20th) day of SERVICES supplied the calendar month; or 13.3.2 the tenth (10th) day following receipt of an invoice. 13.4 All payments under this Agreement shall be made in Euro unless otherwise agreed between the Parties. 13.5 Any Fees invoiced by GSB shall be net of any applicable taxes and duties. GSB is entitled to add to such invoices taxes, duties or levies of a similar nature lawfully imposed on rental GSB by a Competent Authority with respect to the services performed. 13.6 Late payments shall accrue interest at the Default Interest Rate from and including the Due Date to, but excluding, the date of payment. 13.7 If a Party, in good faith, disputes the accuracy of an Invoice, it shall, on or hirebefore the Due Date provide a written explanation of the basis for the dispute and shall pay the full amount invoiced no later than the Due Date. If any amount paid under dispute is finally determined to have not been due, VERIPOS such overpayment shall, at the end of each calendar month or on completion election of the rental TERM owed Party, be credited or hire TERM where earlier, submit an invoice returned to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and it within ten (10) working days Days of such determination, along with interest accrued at the Default Interest Rate, from and including the date such amount was paid to the other Party but excluding the date returned or credited. 13.8 No Party has the right to withhold payment nor has any right of set off under this Agreement or otherwise, other than specifically permitted by this Agreement. 13.9 For the purposes of this Agreement and without limitation to the calculation of Fees and the preparation of Invoices, in the event of Insolvency of the invoice to which Customer or GSB, this Agreement and all Primary Capacity Agreements, Register Transfers, Notified Trades and Screen Trades entered into by the interest relates. Payment of the invoice claiming the interest Customer under this Agreement shall be in accordance with the provisions of CLAUSE 12.4 hereoftaken as and construed to be one agreement. 12.6 Notwithstanding 13.10 GSB may set off any overdue payments by the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENTCustomer under this Agreement against the Customer’s Gas-in-Storage for these purposes valued at the nearest published Neutral Gas Price, and any overdue invoice remains outstanding GSB shall promptly notify the Customer hereof, and reduce the Customer’s Gas-in- Storage accordingly. Unless Customer is Insolvent, GSB shall issue a fourteen (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (2414) hours written notice of such action. Such notice may be made by email or facsimile transmissiondays’ prior Notice.

Appears in 2 contracts

Samples: Storage Services Agreement, Standard Storage Services Agreement

Invoicing and Payment. 12.1 In consideration For services satisfactorily rendered, and upon receipt and approval of the due performance of SERVICES supplied on rental or hireinvoices, VERIPOS shall, at the end of each calendar month or on completion of State agrees to compensate the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT Contractor for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges actual expenditures incurred in accordance with the applicable rates specified herein, which is attached hereto and made a part of this Agreement. A. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears to: Name Office Address B. Payments will be on a cost incurred basis, upon receipt of an undisputed invoice and completed “Request for Disbursement”, SWRCB Form 262 submitted in accordance with the PROPOSAL, or where no PROPOSAL instructions contained herein. Invoices received by the SWRCB Project Representative that are not consistent with this format will be cause for an invoice to be disputed. In the event of an invoice dispute the SWRCB Project Representative shall notify Contractor by Initiating a Standard Form 209 INVOICE DISPUTE NOTIFICATION. Payment will not be made until the dispute has been issuedresolved and a corrected invoice submitted. The SWRCB Project Representative is required to approve all invoices for reimbursement. Only invoices for costs incurred after July 1, as advised separately by VERIPOS 2001, with all appropriate backup documents (supporting itemized invoice) attached will be approved. The invoices shall include the following information: a. The word "Invoice" should appear in writinga prominent location at the top of the page(s) and include a sequential number. 12.4 b. Printed name of the Contractor. c. Business address of the Contractor, including P.O. Box, City, State, and Zip Code; d. “Bill To” is SWRCB; e. The CLIENT shall pay all invoices issued by VERIPOS in full, in date of the currency in invoice; f. The contract number upon which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S claim is based; g. An itemized account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice services by task for which the SWRCB is validly disputed, CLIENT shall pay being billed; h. Include an itemized account of “in-kind” grant match or “dollar” grant match including what percent the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement match represents of the disputed portiontotal grant match obligation; and i. Printed on Original Contractor Letterhead or original signature by the Contractor’s Administrative Officer or designee. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoicesj. The invoice must show the time period actually being billed. The amount of interest payable shall Submitting monthly or quarterly invoices is acceptable. Quarterly invoices must be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent calendar quarter (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum ending in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5March, where SERVICES are being or have been provided to CLIENTJune, September, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be madeDecember), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 2 contracts

Samples: Subvention Services Agreement, Contractor Agreement

Invoicing and Payment. 12.1 In consideration 1. All amounts due to be paid by the Buyer under the terms of the due performance Supply Agreement and in correlation with these General Conditions shall be charged by Nuon in the form of SERVICES supplied an invoice. 2. Nuon is entitled to send an invoice, in principle monthly, either in advance (by way of an advance pay- ment) or in arrears, on rental or hire, VERIPOS shall, at the end of each calendar month or on completion basis of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges Buyer’s estimated consumption and in accordance with the applicable rates specified provisi- ons of Article 6 Clause 6, whereby for the determination of the estimated consumption the terms of refe- rence referred to in Article 6 Clause 10 shall be used. Once a year, settlement shall be made with the PROPOSALBuyer on the basis of actual consumption during that year; any amounts overpaid by the Buyer during that year shall be refunded to the Buyer and any amounts to be claimed against the Buyer shall be charged. 3. Payment of invoices must be made within fourteen days of the date of the invoice in question, to a bank account to be nominated by Nuon. 4. The Buyer is not entitled for any reason whatever to suspend its payment obligations under the Supply Agreement. 5. If the Buyer does not comply with its payment obligation, or where no PROPOSAL complies partially or late, the Buyer shall be deemed to be in default. In that case, the Buyer shall be liable for payment of statutory interest on the outstanding amount, from the due date to the day of final complete settlement, without prejudice to Nuon’s right to reimbursement of the judicial and extrajudicial costs. The amounts referred to in this Clause, including interest and costs, shall be payable on demand. The moment of payment is regarded as the moment when the amount due has been issued, as advised separately by VERIPOS in writingcredited fully and irrevocably to Nuon’s bank account. 12.4 The CLIENT 6. If and as soon as the Buyer is in default, Nuon is entitled to cancel the Programme Responsibility and the Supply of electricity to the Buyer. In the event of termination of the Supply, Nuon shall pay inform the Buyer whether the Supply Agreement is to be suspended or dissolved. 7. Nuon is entitled to require a security deposit from the Buyer. Nuon shall determine in all invoices issued reasonableness the amount of the security deposit, the period to which it relates and how it is to be provided. If circums- tances change, Nuon is entitled to require the security deposit to be increased. At the end of the term of the Supply Agreement the security deposit paid by VERIPOS in full, in the currency in which Buyer shall be returned to the rates Buyer and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS Nuon shall be entitled to invoice CLIENT offset the security deposit against any outstanding debts owed by the Buyer to Nuon, of wha- tever nature. 8. Nuon is entitled to require (additional) security from the Buyer in a form and/or to an amount specified by Nuon, e.g. a bank guarantee. If the Buyer fails to comply with Xxxx’x request for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion additional security within the stated time scaleperiod of time, Nuon is entitled to dissolve the Supply Agreement wholly or partially without prior notice of default. Thereafter In that case, Nuon reserves the PARTIES shall expeditiously negotiate a settlement right to reimbursement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared costs, damages and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be inte- rest, in accordance with the provisions of CLAUSE 12.4 hereofArticle 12 Clause 3 of these General Conditions. In that case, all the amounts, of whatever nature, owing by the Buyer to Nuon shall be payable on demand. 12.6 Notwithstanding 9. The Buyer waives the provisions right to offset any of CLAUSE 12.5the amounts owing by and to either Party. 10. The Buyer shall ensure that the costs involved in transmission and for realising and maintaining the Connection to the Grid, where SERVICES are being or as well as in relation to metering and other services that have been provided to CLIENT, carried out (hire of medium voltage transformer etc.) and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision associated costs of the SIGNAL SERVICES and recall relevant Grid Company are char- ged directly to the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such actionBuyer. Such notice may be made by email or facsimile transmissionThe Buyer shall ensure that these costs are paid.

Appears in 2 contracts

Samples: Supply Agreement, Supply Agreement

Invoicing and Payment. 12.1 In consideration of the due performance of SERVICES supplied on rental or hireCONSULTANT shall submit periodic invoices, VERIPOS shallnot more frequently than monthly, at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding services rendered during the foregoingpreceding period. CONSULTANT shall reference the contract number on all invoices. CONSULTANT shall use the format, hire content, and support documentation for invoices specified by SAFCA to identify the actual level of SIGNALwork effort, which is including the subject hours actually worked by each classification or employee name, and the actual expenditures on tasks and subtasks and/or project status with respect to any work product, milestone, or other events required by this Agreement. The detail in the monthly invoice shall inform SAFCA of a twelve (12) calendar month commitment, by both the CLIENT, nature and progress of work. Payment for reimbursable expenses will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges made in accordance with Exhibit B. The IRS current guidelines for mileage and meal reimbursement will be strictly adhered to and override the applicable rates specified in the PROPOSALcurrent Exhibit B. SAFCA shall approve or disapprove said invoice or billing within ten (10) days following receipt thereof, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT and shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSALpay, within thirty (30) calendar days of date of receipt of invoiceapproval, all approved invoices and xxxxxxxx. Where bank charges occur as a result of any payment transfer from CLIENT SAFCA reserves the right to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late withhold payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) disputed specific items and shall be calculated pro rata on a daily basis. Interest shall run from give notice to the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any CONSULTANT, pursuant to Section 6 herein, of all such interest to be claimed by VERIPOS shall be invoiced separately and disputed specific items within ten (10) working days following receipt of payment billing or invoices. The parties shall exercise good faith and diligence in the resolution of any disputed invoiced amounts. CONSULTANT shall notify SAFCA’S Project Manager in writing upon expenditure of seventy-five percent (75%) of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such actionauthorized Agreement amount. Such notice may shall identify the percentage of funds expended, the percentage of work completed, an explanation of any variation between these two percentages, and an assessment of the cost of the remaining work to be made by email or facsimile transmissionperformed.

Appears in 2 contracts

Samples: Master Services Agreement, Consulting Agreement

Invoicing and Payment. 12.1 In consideration of Elektrobit will invoice TerreStar monthly for the due performance of SERVICES supplied Design Charges, based on rental or hire(i) for T&M Projects, VERIPOS shall, Services rendered (to be invoiced at the end of hourly rates specified in the applicable SOW) as such invoiced amount is adjusted in accordance with Section 4.5 and Reimbursable Expenses incurred during the immediately preceding month, and (ii) for Fixed Fee Projects, the Milestone Payment for each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT Milestone for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges all Deliverables were accepted in accordance with the applicable rates specified in terms of Section 5 (Acceptance Procedure) during the PROPOSALimmediately preceding month. All invoices, or where no PROPOSAL portions thereof, not subject to a good faith dispute will be payable within [***] of receipt (the “Original Due Date”); provided that TerreStar’s right to withhold a disputed amount shall be conditioned on TerreStar submitting to Elektrobit a written explanation of its reason for disputing any invoice, or portion thereof, prior to the Original Due Date of the disputed invoice. The EMOC shall attempt to resolve such disputes in an expedited manner and in accordance with Section 14.7. If the Parties cannot resolve such dispute within [***] from the Original Due Date of the disputed invoice, TerreStar shall pay the disputed amount to Elektrobit pending the ultimate resolution of the dispute. An invoice, or portion thereof, shall be deemed “Properly Payable” (i) on its Original Due Date, if it is not disputed by TerreStar as hereinabove provided on or prior to its Original Due Date, (ii) [***] after, and to the extent that, a dispute described above is resolved in Elektrobit’s favor, or (iii) [***] after the Original Due Date if a dispute described above has not yet been issuedresolved. Nothing in this Agreement shall restrict TerreStar from disputing any invoice after its due date; however, TerreStar shall not be permitted to withhold payments that it disputes after the due date. Any Properly Payable amount so invoiced to TerreStar hereunder, as advised separately well as any other properly payable amount payable hereunder by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued either Party to the other, that is not paid when due will bear interest at a rate per annum equal to [***] percent ( [***] %) or, if less, the maximum rate permitted by VERIPOS in fullapplicable law (the “Applicable Rate”), from the due date (which, in the currency case of disputed invoices resolved in which favor of Elektrobit and undisputed invoices, shall be the rates and prices are expressed in Original Due Date) until the PROPOSAL, within thirty (30) calendar days of date of receipt payment. Elektrobit shall refund to TerreStar any amount subject to a good faith dispute and paid by TerreStar to Elektrobit pending the resolution of invoice. Where bank charges occur as a result of any payment transfer from CLIENT such dispute, to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled extent the amount paid by TerreStar is ultimately determined to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall not be payable for late payment to Elektrobit. Elektrobit shall refund such amount to TerreStar within [***] of correctly prepared and adequately supported invoices. The amount of such resolution, with interest payable shall be based on at the then current annual Bank of England ‘Base Applicable Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run , from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 paid by TerreStar until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereofrefund date. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Master Development and Licensing Agreement (Terrestar Corp)

Invoicing and Payment. 12.1 In consideration of the due performance of SERVICES supplied on rental or hire5.1. Unless otherwise agreed to between ATS and Customer, VERIPOS shall, at the end of each calendar month or on ATS shall invoice Services after completion of the rental TERM Inspection, Repair Modification or hire TERM where earlier, submit an invoice Overhaul of the Component(s) and upon shipment of the applicable Component(s) to the CLIENT Customer for the SERVICES providedredelivery. 12.2 Notwithstanding the foregoing, hire 5.2. The terms of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices payment are expressed in the PROPOSAL, within net thirty (30) calendar days of from date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relatesreceipt. Payment of the entire invoice claiming the interest amount shall be made in accordance with the provisions of CLAUSE 12.4 hereofUnited States dollars. See Appendix A for payment instructions. 12.6 5.3. Any sum due ATS under this Agreement that is not paid when due shall thereafter bear interest until paid at the lesser of, (i) one and one-half percent (1.5%) per month, or (ii) the maximum rate of interest allowed by applicable law. If CUSTOMER fails to pay any amount when due under this Agreement, ATS shall have the right upon notice to CUSTOMER to suspend performance of Services and to terminate this Agreement. No forbearance or course of dealing shall affect these rights of ATS. 5.4. Should CUSTOMER dispute any invoice, CUSTOMER shall notify ATS within 10 days of the reasons that it disputes that invoice or any part of that invoice. Any adjustment of the invoice will be subject to mutual agreement. CUSTOMER shall not set off, withhold or deduct in whole or in part any undisputed portion of any invoice or any sums due on undisputed invoices in favor of disputed invoices. 5.5. CUSTOMER represents that it has all necessary authority to authorize the Services. Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or any agreements that CUSTOMER may have been provided to CLIENTat any time with third parties, and without limiting ATS' rights or remedies upon CUSTOMER's default, CUSTOMER shall at all times remain primarily liable to ATS for all payment and performance obligations of CUSTOMER under this Agreement. CUSTOMER shall hold harmless and defend ATS from and against any overdue invoice remains outstanding (despite claims or charges asserted by any third parties claiming an interest in the issue of a reminder by VERIPOS for payment of same to be made)Components, then VERIPOS reserves or questioning the right at its sole discretion, to suspend the provision purchase of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made Services by email or facsimile transmissionCUSTOMER from ATS.

Appears in 1 contract

Samples: Component Service Agreement

Invoicing and Payment. 12.1 In consideration a. Except as otherwise specified in an Order, SUPPLIER shall render an invoice in duplicate promptly [***]. The invoice shall specify in detail (1) quantities of each ordered item, (2) unit prices of each ordered item, (3) whether the item is taxable and the amount of tax per item, (4) item and commodity codes, (5) total amounts for each item, (6) total amount of applicable sales or use taxes, (7) discounts, (8) shipping charges, (9) total amount due, and (10) software right-to-use fees as either "application" or "operational." CINGULAR shall pay SUPPLIER in accordance with the prices set forth in this Agreement within [***] days of the due date of the invoice. Payment for shortages, or Materials or Services not conforming to the Specifications, and portions of any invoice in dispute, may be withheld by CINGULAR until such problem has been resolved. If CINGULAR disputes any invoice rendered or amount paid, CINGULAR shall so notify SUPPLIER. The parties shall use their best efforts to resolve such dispute expeditiously. Invoices received by CINGULAR more than one (1) year after the provision of Materials or performance of SERVICES supplied Services are untimely and CINGULAR shall have no obligation to pay such invoices. b. When specific requests are made to verify invoiced freight charges on rental a SUPPLIER invoice,SUPPLIER will provide legible copies of prepaid freight bills, express receipts, or hirebills of lading supporting the invoice amounts. Such invoices shall include (1) carrier's name, VERIPOS shall(2) date of shipment, (3) number of pieces, (4) weight, and (5) freight classification. c. All claims for money due or to become due from CINGULAR will be subject to deduction by CINGULAR for any setoff counterclaim for money due or to become due from SUPPLIER, whether under this Agreement or otherwise. Any amount due to CINGULAR that is not so applied against SUPPLIER's invoices for any reason shall be paid to CINGULAR by SUPPLIER within thirty (30) days after written demand by CINGULAR. d. If an Order or an Appendix specifies that SUPPLIER may submit invoices for progress payments prior to Acceptance, SUPPLIER is permitted to submit invoices at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice and CINGULAR will make progress payments to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum SUPPLIER at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days day intervals. Such progress payments shall not exceed ninety percent (90%) of date satisfactorily completed work at the time of receipt of invoicebilling, as determined by CINGULAR. Where bank charges occur as a result of any payment transfer from CLIENT SUPPLIER agrees to VERIPOS, said bank charges will be use such progress payments for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT expenses incurred for such amount(s). Notwithstanding the foregoing, if any part Services or Material used in performance of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portionWork Order for CINGULAR. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Master Supplier Agreement (Spectrian Corp /Ca/)

Invoicing and Payment. 12.1 In consideration (a) For all coal Shipments received by Buyer hereunder during a Calendar Week, Seller shall prepare an invoice based on the Price in effect under the provisions of Article 7, using the weights determined in accordance with Section 3.9 (or Article 5 for rail shipments). Seller shall provide such invoice to Buyer by no later than ten (10) days following end of each Calendar Week. Seller’s invoice to Buyer may separately state Seller’s cost(s) of transportation to the Station, without effect on Buyer’s total delivered cost per ton FOB the Station. Seller’s invoice shall reflect Seller’s transportation and delivery expenses, which are included in the delivered price, pursuant to the guidelines established by the WV Department of Taxation and Assessment for the computation of the due performance of SERVICES supplied on rental or hireWV Coal Severance Tax. (b) For all Ancillary Services provided by Seller to Buyer pursuant to the Ancillary Services Agreement during a Calendar Week, VERIPOS shall, at Seller shall prepare an invoice accompanied by supporting documentation. Seller shall provide such invoice to Buyer by no later than ten (10) days following the end of each calendar month or on completion Calendar Week. (c) By no later than ten (10) days following the end of the rental TERM or hire TERM where earliereach Calendar Month, Seller shall prepare and submit an invoice to the CLIENT Buyer for the SERVICES providedExisting Truck Unloading Facility Fixed Monthly Fee pursuant to Section 3.4. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12d) calendar month commitment, Price adjustments for variations in quality shall be calculated by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges Seller in accordance with Section 4.3 and forwarded by Seller in writing to Buyer within sixty (60) Calendar Days following the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency month in which Buyer took Receipt of such coal, unless delayed due to sampling and analysis disputes and/or other related quality disputes between the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoiceparties. Where bank charges occur Buyer is due a refund as a result of any such adjustment, or where Buyer is due reimbursement from Seller as the result of payment transfer to an independent laboratory for a quality analysis that has been settled in accordance with Sections 4.2 or other documented costs reimbursable to Buyer, as allowed under this Agreement, Buyer shall have the option to deduct such refund or reimbursement from CLIENT a future invoice covering payment for coal or to VERIPOSrequire cash payment from Seller within twenty (20) Calendar Days of Seller’s receipt of Buyer’s written notice. (e) For payment of all other amounts payable by Buyer to Seller under this Agreement, said bank charges will be for the CLIENT’S account and VERIPOS Seller shall invoice Buyer with supporting documentation. (f) All of Seller’s invoices issued pursuant to this Section 6.1 shall be entitled submitted to invoice CLIENT Buyer’s address as set forth below. Payment for all such amount(s)invoices shall be paid by Buyer within fifteen (15) days following the receipt of the proper invoice. Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes a payment is due for payment in accordance with CLAUSE 12.4 until the date is a weekend day, or a holiday or other day on which actual banks are closed for business, then such payment is madeshall be due on the next day on which banks are open for business. Any such interest Invoices to Buyer are to be claimed by VERIPOS sent to the following address: Virginia Electric and Power Company 000 Xxxxxxxx Xxxxxx – Clearinghouse 0xx Xxxxx Xxxxxxxx, XX 00000 Attention: Manager Fuel Contracts Buyer may change the above address upon providing thirty (30) days prior written notice to Seller. (g) Termination or cancellation of this Agreement shall be invoiced separately and within ten (10) working days of payment not constitute a waiver of the mutual obligations of Buyer and Seller for the invoicing and payment for coal received by Buyer and services rendered by Seller arising prior to such termination or cancellation. (h) For each invoice amount owed by Buyer to which Seller, Buyer shall remit payment via wire transfer to the interest relatesfollowing account: Alliance Coal, LLC ****** ****** ABA No. Payment of the invoice claiming the interest shall be ****** Acct. No. ****** Or, to such other account as Seller may designate to Buyer in accordance with the notice provisions of CLAUSE 12.4 Article 13 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Agreement for the Supply of Coal (Alliance Resource Partners Lp)

Invoicing and Payment. 12.1 In consideration of 4.1 Charges will be specified in the due performance of SERVICES supplied on rental or hireOrder Form, VERIPOS shall, at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice including one-off and recurring Charges as applicable. Tax invoices may be sent by email to the CLIENT for address notified in writing by the SERVICES providedCustomer. The Customer must pay the Charges, plus GST and any other current or future tax, charge or impost applying to the Services or Products within 30 days of receipt of a tax invoice without any set off or deduction. 12.2 Notwithstanding 4.2 Subject to sub-section 4.3, if the foregoingCustomer fails to pay a tax invoice when due, hire of SIGNALthe Supplier may, which is in addition to its other remedies, charge interest (accruing daily) on the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump overdue sum at the start rate of 2% per annum above the Westpac Banking Corporation business overdraft rate or the maximum permitted by law from the date the payment was due until payment of the TERMoverdue sum, together with all reasonable costs incurred by the Supplier in recovering the overdue amount, provided the Supplier gives the Customer reasonable notice of its intent to do so. 12.3 In respect 4.3 The Customer may only withhold payment of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion that part of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for that the full purchase price plus any associated delivery, preparation or mobilisation charges Customer disputes in good faith and on reasonable grounds until such dispute has been resolved in accordance with the applicable rates specified in the PROPOSALsection 18, or where no PROPOSAL has been issued, as advised separately by VERIPOS otherwise agreed in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement payment may only be withheld provided notice of the disputed portionamount is delivered to the Supplier on or before the due date for the disputed payment. 12.5 Interest shall 4.4 The Supplier may increase the Charges on 30 days’ notice if the prices or inputs payable by the Supplier for obtaining any goods or services required to provide the Services are materially altered as a result of a Government or regulatory action. If the rates charged to the Supplier are altered retrospectively such altered rates may also be payable for late payment of correctly prepared and adequately supported invoicesapplied retrospectively. The amount of interest payable shall If, following such alteration, the revised Charges are not acceptable to the Customer, the Customer may terminate the applicable Agreement by giving one month’s written notice to the Supplier, such notice to be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run given no later than one month from the date on which Customer’s receipt of the sum in question becomes due for payment in accordance with CLAUSE 12.4 until notification of the revised Charges. Failure to notify the Supplier of the intent to terminate pursuant to this sub-section constitutes deemed acceptance by the Customer of the revised Charges. If the Customer terminates an Agreement under this sub-section during the Minimum Service Period, the Customer must pay the Charges and expenses incurred by the Supplier to the date on which actual payment is made. Any such interest of termination but will not be required to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment pay the Charges for the remainder of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereofMinimum Service Period. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Master Agreement

Invoicing and Payment. 12.1 In consideration The SELLER shall invoice and collect from the BUYER the cost of the due performance crude sold, as provided for herein, in his Accounts Payable offices in Bogotá, within the first ten (10) business days of SERVICES supplied on rental or hirethe month following the crude delivery(ies) to the BUYER. .Within the first six (6) business days of the month following the deliveries, VERIPOS shall, the BUYER shall provide to the SELLER the information it requires to issue the corresponding invoice Invoices must be filed at the end of each calendar month or on completion Accounts Payable offices of the rental TERM or hire TERM where earlierBUYER in Bogotá and its valid submittal date for payment shall be that set out as receipt at the Accounts Payable office of the BUYER in Bogota. Invoicing shall be made based on net volumes, submit an water and sediment-free, corrected at sixty (60) Fahrenheit degrees, received at the Point(s) of Delivery. For invoice approval, they must be submitted in the official forms of Chart No. 4 and/or Form No. 9SH of the Ministry of Mines and Energy. In the event that the Ministry of Mines and Energy fails to deliver the signed Charts No. 4 and /or Form No. 9SH corresponding to the CLIENT month being invoiced, Charts No. 4 and/ or Form No. 9SH submitted to the Ministry of Mines and Energy pending signature shall be temporarily accepted, but every quarter, the VENDOR shall submit to the BUYER a copy of Charts No. 4 and /or Form No. 9SH of the immediately previous quarter, duly completed and signed by the Ministry of Mines and Energy. Taking into account the foreign currency payment authorization set out in Article 51 of External Resolution No. 8 of 2000 of the Board of Directors of the Central Bank, which provides that domestically-produced crude oil and natural gas purchase-sales made by the BUYER and other entities devoted to the oil refining industrial activity can be paid in foreign currency, the invoicing that the SELLER issues for the SERVICES provided. 12.2 Notwithstanding supply of crude to the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will BUYER may be invoiced as a single lump sum at the start made in dollars of the TERM. 12.3 United States of America. In respect of PURCHASE EQUIPMENT procured by CLIENTevery case, VERIPOS payment shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges be made 100% in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT dollars and shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within be made thirty (30) calendar days following the submittal of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOSinvoices duly completed, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoingprior legal withholdings, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoicesapplicable. The amount of interest payable SELLER shall be based on notify the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) BUYER in advance and shall be calculated pro rata on a daily basis. Interest shall run from in writing the date on which bank account where the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual respective payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Purchase Agreement (Gran Tierra Energy Inc.)

Invoicing and Payment. 12.1 In consideration of On the due performance of SERVICES supplied on rental or hire, VERIPOS shall, at the end first day of each calendar month or on completion during the Service Period, Seller shall issue to BBU an invoice containing a summary description of the rental TERM or hire TERM where earlierServices Charges applicable to Services to be performed in such calendar month, submit an invoice to and reflecting any Project Charges and Additional Charges incurred during the CLIENT for prior month (the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion date of delivery of PURCHASE EQUIPMENT such invoice, the “Invoice Date”), provided that the first invoice hereunder shall be with respect to the DELIVERY POINTperiod from the Effective Date through the end of the calendar month following that in which the Effective Date occurs. Any such invoice shall include reasonable detail of all Charges and Plan Costs and be accompanied by supporting documentation (if reasonably available) for all Charges that are based on Actual Costs. BBU agrees to pay on or before the date that is twenty-five (25) days after the Invoice Date by wire transfer of immediately available funds payable to the order of Seller all Charges and Plan Costs invoiced by Seller pursuant to this Section 8.6. BBU shall be responsible for all taxes and similar charges imposed on the Services and on the Charges and Plan Costs paid hereunder (excluding taxes based on the income of Seller). Late payments shall bear interest at a rate of 0.5% per month. In the event of a dispute in respect of an amount owing hereunder, submit BBU shall: (x) give written notice to Seller of the disputed amount together with sufficient information to outline the nature of the dispute, with such notice to be delivered on or before the due date for payment of the disputed amount; (y) pay all undisputed amounts or portions thereof on or before the due date therefor; and (z) use the dispute resolution procedure set forth in Section 7.2(c) (Governance) to resolve such dispute. For the avoidance of doubt, if an invoice for the full purchase price plus contains multiple items, all undisputed items and undisputed portions of any associated delivery, preparation or mobilisation charges disputed item shall be paid in accordance with this Section 8.6 notwithstanding the fact that another item within such invoice is under dispute. Invoicing and payment of Plan Costs (to the extent not paid directly to the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately third party administrator by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30Seller) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled billed and paid as set forth in Schedule 3 to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.Annex A.

Appears in 1 contract

Samples: Share Purchase Agreement (Sara Lee Corp)

Invoicing and Payment. 12.1 In consideration A/ The invoice for each shipment shall be due at the date of the due performance xxxx of SERVICES supplied lading. It shall be established, after loading, on rental or hire, VERIPOS shall, at the end of each calendar month or on completion basis of the rental TERM or hire TERM where earlier, submit an invoice xxxx of lading weight minus moisture according to the CLIENT for the SERVICES providedpercentage of reference. 12.2 Notwithstanding B/ The settlement of the foregoinginvoice shall be made by way of irrevocable documentary letter of credit, hire confirmed by a first class international bank, to be paid at sight against the documents agreed upon by both parties prior to shipment. This letter of SIGNALcredit is to be opened fifteen (15) days before the vessel’s loading date in favour of the Seller with a bank to be indicated by the latter. It should remain valid for a period of sixty (60) days, which may be extended on the request of either party. Such letter of credit is the subject of a twelve (12) calendar month commitment, governed by the CLIENTUniform Customs and Practice for Documentary Credits published by the International Chamber of Commerce (1983 revision, will be invoiced as a single lump sum at publication Nr 400). All bank charges regarding in particular the start opening, amendment, modification, confirmation and negotiation of the TERM. 12.3 In respect letter of PURCHASE EQUIPMENT procured credit shall be borne by CLIENTthe Buyer. Debit notes shall be settled in cash by telegraphic transfer. The Buyer, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT as soon as he issues instructions to the DELIVERY POINTbank for payment, submit an invoice shall send to the Seller a telex specifying the amount paid, the value date and the corresponding invoices and notes. In case of delay, for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in fullwhatever reason, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days settlement of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any all or part of the invoice is validly disputedamount due to the Seller, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest amount remaining to be paid shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus increased by an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS calculated, in case of invoices and notes annexed thereto, as from the fifteenth (15th) day following the xxxx of lading date, and, in case of separate debit notes, as from the fifteenth (15th) day following the date borne on these. In both cases, such calculation shall be invoiced separately and within ten made on the basis of the London Interbank Offered Rate (10Libor) working days at six (6) months, as it is quoted on the date of the xxxx of lading, increased by a margin of three (3) per cent per year. Interests on arrears shall themselves be increased, under the same conditions as those applied to the principal sum, by interests to be calculated after each period of six (6) months. No dues, taxes or duties to be paid in relation with the settlement of interests in the Buyer’s country shall be borne by the Seller. The payment of interests shall be made without any deduction whatsoever. FOSBUCRAA PHOSBOUCRAA ADDENDUM N°9 BETWEEN OCP AND INNOPHOS FM DATED FEBRUARY 16TH, 2005 TO THE AGREEMENT BETWEEN OCP AND TI DATED SEPTEMBER 10TH, 1992 XXXXXXXXX XXXX: General conditions governing (****) C/ Each delivery being considered as a separates deal, the Seller may suspend deliveries for non-settlement of an invoice or a debit note. If the Buyer goes into liquidation or bankruptcy or if he fails, whatever the reason be, to which conform to the interest relatespayment conditions agreed upon, the Seller shall reserve the right to cancel the contract with respect to the balance of deliveries. Payment As for the quantities already delivered but still floating, the Seller may exercise his right to retain the cargo or the part of the invoice claiming cargo attributed to the interest Buyer. In both cases, the Buyer shall be in accordance with remain accountable for the provisions of CLAUSE 12.4 hereofpossible charges and damages thereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Agreement (Innophos Investment Holdings, Inc.)

Invoicing and Payment. 12.1 In consideration A/ The invoice for each shipment shall be due at the date of the due performance xxxx of SERVICES supplied lading. It shall be established, after loading, on rental or hire, VERIPOS shall, at the end of each calendar month or on completion basis of the rental TERM or hire TERM where earlier, submit an invoice xxxx of lading weight minus moisture according to the CLIENT for the SERVICES providedpercentage of reference. 12.2 Notwithstanding B/ The settlement of the foregoinginvoice shall be made by way of irrevocable documentary letter of credit, hire confirmed by a first class international bank, to be paid at sight against the documents agreed upon by both parties prior to shipment. This letter of SIGNALcredit is to be opened fifteen (15) days before the vessel’s loading date in favour of the Seller with a bank to be indicated by the latter. It should remain valid for a period of sixty (60) days, which may be extended on the request of either party. Such letter of credit is the subject of a twelve (12) calendar month commitment, governed by the CLIENTUniform Customs and Practice for Documentary Credits published by the International Chamber of Commerce (1983 revision, will be invoiced as a single lump sum at publication Nr 400). All bank charges regarding in particular the start opening, amendment, modification, confirmation and negotiation of the TERM. 12.3 In respect letter of PURCHASE EQUIPMENT procured credit shall be borne by CLIENTthe Buyer. Debit notes shall be settled in cash by telegraphic transfer. The Buyer, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT as soon as he issues instructions to the DELIVERY POINTbank for payment, submit an invoice shall send to the Seller a telex specifying the amount paid, the value date and the corresponding invoices and notes. In case of delay, for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in fullwhatever reason, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days settlement of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any all or part of the invoice is validly disputedamount due to the Seller, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest amount remaining to be paid shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus increased by an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS calculated, in case of invoices, and notes annexed thereto, as from the fifteenth (15th) day following the xxxx of lading date, and, in case of separate debit notes, as from the fifteenth (15th) day following the date borne on these. In both cases, such calculation shall be invoiced separately and within ten made on the basis of the London Interbank Offered Rate (10Libor) working days at six (6) months, as it is quoted on the date of the xxxx of lading, increased by a margin of three (3) per cent per year. Interests on arrears shall themselves be increased, under the same conditions as those applied to the principal sum, by interests to be calculated after each period of six (6) months. No dues, taxes or duties to be paid in relation with the settlement of interests in the Buyer’s country shall be borne by the Seller. The payment of interests shall be made without any deduction whatsoever. SCHEDULE 1 AMENDMENT N°2 TO THE SALE CONTRACT ADDENDUM N°12 DATED SEPTEMBER 24TH, 2003 PHOSPHATE ROCK: General conditions governing (****) C/ Each delivery being considered as a separate deal, the Seller may suspend deliveries for non-settlement of an invoice or a debit note. If the Buyer goes into liquidation or bankruptcy or if he fails, whatever the reason be, to which conform to the interest relatespayment conditions agreed upon, the Seller shall reserve the right to cancel the contract with respect to the balance of deliveries. Payment As for the quantities already delivered but still floating, the Seller may exercise his right to retain the cargo or the part of the invoice claiming cargo attributed to the interest Buyer. In both cases, the Buyer shall be in accordance with remain accountable for the provisions of CLAUSE 12.4 hereofpossible charges and damages thereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Agreement (Innophos Investment Holdings, Inc.)

Invoicing and Payment. 12.1 (a) Service Receiver shall initiate payment of all undisputed amounts contained in Service Provider's invoices within 30 days after receipt thereof less any amount Service Receiver is required by law to withhold or deduct. Such payment shall not prejudice Service Receiver's right to subsequently dispute any part of an invoice. In consideration of the due performance of SERVICES supplied on rental or hireevent Service Receiver disputes an item billed, VERIPOS Service Receiver shall, at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar 60 days of date of receipt of Service Provider's invoice, notify Service Provider of the item in dispute, specifying Service Receiver's complaint. Service Receiver may withhold payment of items in dispute without interest until the dispute is resolved. The undisputed amount, however, shall be paid without delay. (b) Where bank charges occur as a result of any payment transfer from CLIENT applicable, Service Receiver and Service Provider shall agree in advance on the gross lump sum amount to VERIPOS, said bank charges will be charged or the "cost" for the CLIENT’S account services to be provided, as specified in Appendix A or B, inclusive of charges, overheads, handling fees and VERIPOS mark xxx. These sums will then be calculated and apportioned on a monthly basis and submitted by Service Provider to Service Receiver as described above. In those areas where work cannot be agreed on a lump sum basis, the variable basis (described in terms of readily identifiable metrics) of billing and the required supporting documentation shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any agreed as part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scaleservice description. Thereafter the PARTIES shall expeditiously negotiate Such documentation will be retained by Service Provider for a settlement of the disputed portionreasonable period subject to verification by Service Receiver upon audit. 12.5 Interest (c) Service Receiver, billing address and addressee shall be payable set forth in Appendix A or B as the case may be. (d) If any payment is not paid when due, Service Provider shall have the right, without any liability to Service Receiver, or anyone claiming by or through Service Receiver, to immediately cease providing the Transitional Service(s) for late which payment has not been made until the payment in full of correctly prepared all such payments, which right may be exercised by Service Provider in its sole and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) absolute discretion and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum not affect Service Provider's right or ability to terminate this Agreement as set forth in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereofArticle 5 below. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Transitional Services Agreement (Conoco Inc /De)

Invoicing and Payment. 12.1 In consideration 18.1 The Contractor shall invoice the Client and the Client shall be responsible for payment of the due performance of SERVICES supplied on rental or hire, VERIPOS shall, at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice invoices to the CLIENT for the SERVICES providedContractor. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, 18.2 Invoices shall be submitted by the CLIENT, will be invoiced Contractor weekly in arrears or in accordance with any other arrangements in the Call Off Contract or as a single lump sum at otherwise agreed in writing with the start of the TERMClient. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS 18.3 The sum stated as payable in each invoice shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges be calculated in accordance with the applicable rates specified terms contained in the PROPOSALPricing Document. VAT, or where no PROPOSAL has been issuedapplicable, shall be shown separately on all invoices as advised separately by VERIPOS in writinga strictly net extra charge. 12.4 18.5 The CLIENT Client may pay the Contractor by BACS 18.6 Where the terms of the Pricing Document relating to discounts for early payment or discounts for payment by BACS, the Client may claim one of those discounts on an invoice issued by the Contractor and the Client shall pay all invoices issued by VERIPOS in fullthe discounted invoice amount accordingly. 18.7 Payment shall only be made upon the Client being satisfied that: 18.7.1 the Contractor has satisfactorily performed and completed the particular Specified Services to which an invoice relates; 18.7.2 the Contractor, in performing the currency particular Specified Services to which an invoice relates, has incurred the expenses and disbursements stated in the invoice; and 18.8 If any abortive fees are stated in an invoice, that they are payable in accordance with the Pricing Document. 18.9 No payment shall be due from the Client until the Contractor has submitted a VAT invoice with a full account as to how the charges set out in the invoice have been calculated and shall be supported by any other documentation required by the Client’s Representative to substantiate the invoice. 18.10 Subject to clause 18.12, the Client may reduce payment in respect of any Specified Services which the rates and prices are expressed Contractor has either failed to provide or has provided inadequately, without prejudice to any other rights or remedies of the Client. 18.11 Where the Contractor enters into a sub-contract for the purpose of performing the Call Off Contract, it shall include a term in such a sub- contract which requires payment to be made of undisputed sums by the PROPOSAL, Contractor to the Sub-Contractor within thirty (30) calendar a specified period not exceeding 30 days of date of from the receipt of a valid invoice. 18.12 If any item or part of an item of any invoice is disputed or subject to question by the Client, the payment by the Client of such disputed or questioned sums may be withheld provided the Client serves notice of its intention to withhold payment on the Contractor not less than 5 days before the final date for payment. Where bank charges occur Such notice shall set out: 18.12.1 The amount proposed to be withheld and the ground for doing so; or 18.12.2 If more than one ground, each one and the amount attributable to each. The period of 5 days before the final date for payment referred to in this clause shall be deemed to be the prescribed period for the purposes of Section 111 of the Housing Grants, Construction and Regeneration Xxx 0000. 18.13 In the event the cost to the Contractor of performing its obligations under the Contract increases or decreases as a result of any payment transfer from CLIENT to VERIPOSa change of Law, said bank charges will be for unless the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part terms of the invoice is validly disputedPricing Document have already been adjusted under the Framework Agreement, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereofclause 23 (Change of Law) shall apply. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Recruitment Agency Services Contract

Invoicing and Payment. 12.1 In consideration TSC will each month submit to eLoyalty for payment a statement of amounts due under this Agreement. The statement will specify the charge for each of the Services provided during the relevant month. Each statement will specify the nature of the Services provided and will contain or be followed by such other supporting detail as eLoyalty may from time to time reasonably request. eLoyalty will pay or cause its Affiliates receiving the Services to pay all amounts due performance pursuant to this Agreement within 30 days after the date received of SERVICES supplied on rental or hireeach such statement hereunder. If any amounts due hereunder have not been received by the due date, VERIPOS shall, such overdue amounts shall bear interest from the due date at the end rate of each calendar month 1% per month, or on completion portion thereof, until received. Either Party shall have the right to withhold any disputed amounts due hereunder if such Party in good faith disputes the amount claimed by the other Party to be due hereunder and such Party notifies the other Party of such dispute within 30 days after the date of the rental TERM statement containing the disputed amount. The foregoing right to withhold payment of disputed amounts shall be limited to amounts disputed in good faith, and interest will accrue and be payable on the net amount determined to be payable. Neither payments made by eLoyalty nor the acceptance of payments by TSC in the amount or hire TERM where earlierless than the amount shown on TSC's statements shall be construed as an acceptance or agreement with the amount so stated or the amount received, submit an invoice to respectively. Except as otherwise provided, either eLoyalty or TSC may recover from the CLIENT for other the SERVICES provided. 12.2 Notwithstanding amount of any overpayment or underpayment. Without limiting the generality of the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice TSC may supplement any statement it renders for less than the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which it is entitled hereunder; provided that such supplement is made within a reasonable time after the interest relatesstatement being supplemented. Payment of the invoice claiming the interest shall be In addition to any other rights available to it at law or in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5equity, where SERVICES are being or have been provided upon ten days Notice to CLIENTeLoyalty, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to TSC may suspend the provision of the SIGNAL SERVICES and recall the any Services for which an undisputed statement for provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice Services hereunder from TSC has not been satisfied within 20 days of its due date until such action. Such notice may be made by email or facsimile transmissionstatement has been satisfied.

Appears in 1 contract

Samples: Shared Services Agreement (Technology Solutions Company)

Invoicing and Payment. 12.1 In consideration VIGC will each month submit to VYGP for payment a statement of amounts due under this Agreement. The statement will specify the charge for each of the due performance Services provided during the relevant month. Statements submitted other than after the close of SERVICES supplied a fiscal quarter will be based on rental or hirereasonable estimates of the amounts due, VERIPOS shall, and VIGC will perform a true-up at the end of each calendar month or on completion the fiscal quarter. Each statement will specify the nature of the rental TERM Services provided and will contain or hire TERM where earlierbe followed by such other supporting detail as VYGP may from time to time reasonably request. VYGP will pay or cause its Affiliates receiving the Services to pay all amounts due pursuant to this Agreement within 30 days after the date of each such statement hereunder. If any amounts due hereunder have not been received by the due date, submit such overdue amounts shall bear interest from the due date at the rate of 1% per month, or portion thereof, until received. Either Party shall have the right to withhold any disputed amounts due hereunder if such Party in good faith disputes the amount claimed by the other Party to be due hereunder and such Party notifies the other Party of such dispute within 30 days after the date of the statement containing the disputed amount. The foregoing right to withhold payment of disputed amounts shall be limited to amounts disputed in good faith, and interest will accrue and be payable on the net amount determined to be payable. Neither payments made by VYGP nor the acceptance of payments by VIGC in the amount or less than the amount shown on VIGC's statements shall be construed as an invoice to acceptance or agreement with the CLIENT for amount so stated or the SERVICES amount received, respectively. Except as otherwise provided. 12.2 Notwithstanding , either VYGP or VIGC may recover from the other the amount of any overpayment or underpayment. Without limiting the generality of the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice VIGC may supplement any statement it renders for less than the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which it is entitled hereunder; provided that such supplement is made within a reasonable time after the interest relatesstatement being supplemented. Payment of the invoice claiming the interest shall be In addition to any other rights available to it at law or in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5equity, where SERVICES are being or have been provided upon ten days Notice to CLIENTVYGP, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to VIGC may suspend the provision of the SIGNAL SERVICES and recall the any Services for which an undisputed statement for provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice Services hereunder from VIGC has not been satisfied within 20 days of its due date until such action. Such notice may be made by email or facsimile transmissionstatement has been satisfied.

Appears in 1 contract

Samples: Shared Services Agreement (Voyager Group Inc/Ca/)

Invoicing and Payment. 12.1 In consideration 7.1 On a monthly basis, the Seller shall issue the Client with an invoice in euros for the amounts owed pursuant to this Agreement for each Month, detailing the quantities of Gas received, the Contractual Price applicable and any price supplements in respect of the DVQM and/or the DVHM and/or the MEMDVDN, as described in Article 5. All sums due performance must be paid in euros by bank wire transfer or any other means for instant fund transfer, to the account indicated on the invoice or in accordance with any other terms and conditions the Seller may specify from time to time. The Client shall pay its invoices within the maximum timeframe specified in the Specific Conditions, as from the invoice dispatch date. 7.2 The Seller shall prepare its invoices on the basis of SERVICES supplied on rental the most reliable information obtained from the Transporter or hirethe Distributor, VERIPOS shallas applicable, at the end time of each calendar month invoicing, according to Articles 7.5 and 8 of this Agreement. If the Seller were to subsequently obtain from the Transporter or the Distributor, as applicable, more accurate information and if, on completion the basis of said new information, the amounts invoiced and paid by the Client were found to be incorrect, the Seller shall make the necessary adjustments promptly on the following invoice. If such information were to become available after the expiration of the rental TERM or hire TERM where earlierContractual Period, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS Seller shall be entitled to invoice CLIENT for such amount(s)issue all adjustment invoices required and all the effects of this Agreement shall remain in force until receipt of the amounts concerned. 7.3 If an amount that is payable pursuant to this Agreement is not paid by the due date defined in the terms and conditions, the Seller shall be entitled to apply default interest on the debit balance, as from the due date and until receipt, at an annual rate seven per cent (7%) higher than the EURIBOR rate published by the ECB in force at the time, which the Client shall be obliged to pay in addition to the amount originally invoiced. 7.4 The provisions of this Agreement that govern the invoicing and payment of sums owed shall remain in force upon expiration of the Agreement until all the sums owed pursuant to the Agreement have been received. 7.5 The measurement and invoicing units used within the scope of this Agreement shall be expressed in MWh on the basis of a CVG 0°C. Notwithstanding The Seller reserves the foregoingright, if any part in the event of a change in the measuring system of the Transporter and/or the Distributor, as applicable, to amend the relevant provisions of this Agreement in order to comply with said new system. 7.6 In the event of a dispute concerning the amount of an invoice, the amount of the invoice is validly disputedmust nevertheless be paid in full when due, CLIENT except in the event of fraud or a clear mistake. Such payment by the Client shall pay not call into question the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement Client’s right to challenge all or part of the disputed portionan invoice. 12.5 Interest 7.7 If the due date for an invoice is a Saturday or a Sunday or a public holiday in France and/or in Italy, payment must be made on the following banking day. 7.8 Invoices must always be sent using the French Post Office in order to provide original documents. A copy may also be sent by fax, in which case an invoice shall be payable for late payment of correctly prepared and adequately supported invoicesdeemed to have been sent at the transmission confirmation time. The amount of interest payable A document sent only using the French Post Office shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest deemed to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided sent to CLIENT, and any overdue invoice remains outstanding (despite the issue receiving Party at the time of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmissionreceipt.

Appears in 1 contract

Samples: Supply Agreement (Schweitzer Mauduit International Inc)

Invoicing and Payment. 12.1 In consideration (a) Within seven (7) Business Days following the end of each calendar month, Generator shall submit to Producer an invoice setting forth the License and Services Fee for such month along with any reimbursable expenses for Services provided under Article XI. Producer shall make payment of any undisputed amount due performance by electronic transfer in United States funds in accordance with Section 19.21 by the later of SERVICES supplied on rental or hire, VERIPOS shall, at (i) fifteen (15) Business Days following the end of each calendar month and (ii) ten (10) Business Days after receipt of that invoice. (b) Invoices shall be mailed, emailed or on completion of the rental TERM or hire TERM where earlier, submit an invoice sent by facsimile to the CLIENT for the SERVICES provided.Person listed below, or such other Person or address as may be specified by Producer: Attention: Xxxx Xxxxxx Mill Creek Clean Fuels, LLC c/o Tinuum Group, LLC 0000 XXX Xxxxxxx, Xxxxx 000 Xxxxxxxxx Xxxxxxx, XX 00000 Email: xxxxxxx@xxxxxxxxxxx.xxx Facsimile: (000) 000-0000 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12c) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In With respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with payment not paid on the applicable rates specified in the PROPOSALdue date, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT interest shall pay all invoices issued by VERIPOS in fullaccrue on that amount (including, in the currency in which case of a disputed amount, to the rates extent it is ultimately determined to be owing under this Agreement) at the Late Payment Rate (compounded annually) from and prices are expressed in including the PROPOSAL, within thirty (30) calendar days of original due date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from but excluding the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual such payment is made. Any In the event either Party disputes the amount of, or the obligation to pay, any sum due from it hereunder, that Party shall nonetheless pay to the other Party the full amount of any undisputed portion of such interest sum. (d) All payments to be claimed by VERIPOS made under this Agreement shall be invoiced separately made on a Business Day. If the day specified for payment is not a Business Day, such payment shall be made on the next succeeding day which is a Business Day. (e) If Producer, in good faith, disputes any portion of an invoice on or before the payment date therefor, Producer shall, on or before the applicable payment date with respect to such invoice, provide Generator with a statement setting forth in reasonable detail all amounts disputed by Producer and within ten (10) working days the reason for the dispute and pay only the portion of payment such invoice not being disputed; provided, however, that, for purposes of clarification and not limitation, each of the invoice Parties acknowledges and agrees that neither the making of any payment under this Agreement nor the failure to which dispute any payment made under this Agreement shall preclude either Party from disputing the interest relatesamount, accuracy, validity or other aspect of such payment in the future. Payment of In the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue event of a reminder by VERIPOS for payment of same to be made)dispute regarding any invoice or payment, then VERIPOS reserves each Party (and its representatives) shall have the right to request, at its sole discretionexpense and during normal business hours (but not more than once every six (6) months) and subject to Section 19.1, documentation supporting the invoice or payment, and the other Party shall provide such documentation but only to suspend the provision extent reasonably necessary to verify such invoice or payment. Generator shall not be required to provide any coal supply, transportation, fuel oil hedging or related agreements as part of its verification responsibility under this Section 10.2. If any such examination reveals any inaccuracy in any invoice or payment, or if the relevant dispute is finally resolved by agreement of the SIGNAL SERVICES and recall Parties or by litigation or other proceedings, the provision necessary adjustments in such invoice or payment will be promptly made. The due date for any amount in dispute or otherwise adjusted after its original due date shall be the fifth day after the owing Party receives an invoice reflecting the amount or adjustment agreed upon by the Parties or otherwise resolved as contemplated above. Neither Party may initiate a dispute after the two (2) year anniversary of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice the expiration or termination of such action. Such notice may be made by email or facsimile transmissionthis Agreement.

Appears in 1 contract

Samples: License and Services Agreement

Invoicing and Payment. 12.1 (a) Company shall pay Seller the price as provided in this Agreement. (1) Company shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by Company, on estimates of work accomplished which meets the standards of quality established under the Agreement, as approved by Company. (2) Pay estimates shall be submitted monthly. In the preparation of estimates, Company may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to Seller at locations other than the site may also be taken into consideration if (i) consideration is specifically authorized by this Agreement and (ii) Seller furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this Agreement. (3) An updated progress report shall be submitted by Seller with each pay estimate. (4) Before a request for payment is approved, Seller shall submit to the Construction Engineer all required plans and reports for the work period in question. (c) In making progress payments, there shall be retained 10% of the due performance estimated amount until final completion and acceptance of SERVICES supplied the work. However, if Company finds that satisfactory progress was achieved during any period for which a progress payment is to be made, it may authorize any of the remaining progress payments to be made either with a reduced retention or in full without retention. Also, whenever the work is substantially complete, Company, if it considers the amount retained to be in excess of the amount adequate for the protection of Company and the Government, at its discretion, may release to Seller all or a portion of such excess amount. Furthermore, on rental completion and acceptance of each separate building, public work, or hireother division of the Agreement, VERIPOS on which the price is stated separately in the Agreement, payment may be made therefor without retention of a percentage. (d) All material and work covered by progress payments made shall, at the end time of each calendar month or on completion payment, become the sole property of the rental TERM Government, but this shall not be construed as: (1) relieving Seller from the sole responsibility for all material and work upon which payments have been made or hire TERM where earlierthe restoration of any damaged work; or (2) waiving the right of Company to require the fulfillment of all of the terms of the Agreement. (e) In making these progress payments, submit an invoice Company shall, upon request, reimburse Seller for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after Seller has furnished evidence of full payment to the CLIENT for the SERVICES providedsurety. The retainage provisions in paragraph (c) above shall not apply to that portion of progress payments attributable to bond premiums. 12.2 Notwithstanding (f) Company shall pay the foregoingfinal amount due Seller under this Agreement after: (1) completion and acceptance of all work; and (2) Seller has submitted: (i)"Certified-as-Built" shop drawings and manufacturer's data and a bound copy of certified test data and reports; (ii) a certified statement that all payrolls have been submitted under this Agreement; (iii) a properly executed voucher; and (iv) a release of all claims against Company and the Government arising by virtue of this Agreement, hire of SIGNALother than claims, which is in stated amounts, that Seller has specifically excepted from the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start operation of the TERM. 12.3 In respect release. Release may also be required of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges assignee if Seller claims amounts payable that have been assigned in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writingPart 1.7. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Construction Contract

Invoicing and Payment. 12.1 In consideration ‌ 13.1 GSB shall for each calendar month produce a Billing Statement (Schedule D), which shall state the various payments to be made under this Agreement.‌ 13.2 GSB shall submit to the Customer in the course of the month following that for which a liability to pay Fees, Gas-in-Storage Price, Outage LDs, settlement of Default Quantities under Article 15.1 and/or a termination settlement in accordance with Article 17.6.4 is incurred by the Customer and/or GSB, an invoice for such amounts incurred in the previous month (the “Invoice”). The Invoice shall refer to the relevant Billing Statement. Amounts payable and amounts receivable shall be set-off against each other in the Invoice.‌ 13.3 The Customer shall pay to the GSB Bank Account (or if the net amounts payable is due performance by GSB, GSB shall pay to the Customer Bank Account), by wire transfer in freely available funds, the amount set forth in the Invoice on or before the “Due Date”, being the later to occur of:‌ 13.3.1 the twentieth (20th) day of SERVICES supplied the calendar month; or 13.3.2 the tenth (10th) day following receipt of an invoice. 13.4 All payments under this Agreement shall be made in Euro unless otherwise agreed between the Parties. 13.5 Any Fees invoiced by GSB shall be net of any applicable taxes and duties. GSB is entitled to add to such invoices taxes, duties or levies of a similar nature lawfully imposed on rental GSB by a Competent Authority with respect to the services performed. 13.6 Late payments shall accrue interest at the Default Interest Rate from and including the Due Date to, but excluding, the date of payment. 13.7 If a Party, in good faith, disputes the accuracy of an Invoice, it shall, on or hirebefore the Due Date provide a written explanation of the basis for the dispute and shall pay the full amount invoiced no later than the Due Date. If any amount paid under dispute is finally determined to have not been due, VERIPOS such overpayment shall, at the end of each calendar month or on completion election of the rental TERM owed Party, be credited or hire TERM where earlier, submit an invoice returned to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and it within ten (10) working days Days of such determination, along with interest accrued at the Default Interest Rate, from and including the date such amount was paid to the other Party but excluding the date returned or credited. 13.8 No Party has the right to withhold payment nor has any right of set off under this Agreement or otherwise, other than specifically permitted by this Agreement. 13.9 For the purposes of this Agreement and without limitation to the calculation of Fees and the preparation of Invoices, in the event of Insolvency of the invoice to which Customer or GSB, this Agreement and all Primary Capacity Agreements, Register Transfers, Notified Trades and Screen Trades entered into by the interest relates. Payment of the invoice claiming the interest Customer under this Agreement shall be in accordance with the provisions of CLAUSE 12.4 hereoftaken as and construed to be one agreement. 12.6 Notwithstanding 13.10 GSB may set off any overdue payments by the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENTCustomer under this Agreement against the Customer’s Gas-in-Storage for these purposes valued at the nearest published Neutral Gas Price, and any overdue invoice remains outstanding GSB shall promptly notify the Customer hereof, and reduce the Customer’s Gas-in- Storage accordingly. Unless Customer is Insolvent, GSB shall issue a fourteen (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (2414) hours written notice of such action. Such notice may be made by email or facsimile transmissiondays’ prior Notice.

Appears in 1 contract

Samples: Storage Services Agreement

Invoicing and Payment. 12.1 In consideration A/ The invoice for each shipment shall be due at the date of the due performance xxxx of SERVICES supplied lading. It shall be established, after loading, on rental or hire, VERIPOS shall, at the end of each calendar month or on completion basis of the rental TERM or hire TERM where earlier, submit an invoice xxxx of lading weight minus moisture according to the CLIENT for the SERVICES providedpercentage of reference. 12.2 Notwithstanding B/ The settlement of the foregoinginvoice shall be made by way of irrevocable documentary, hire letter of SIGNALcredit, confirmed by a first class international bank, to be paid at sight against the documents agreed upon, by both parties prior to shipment. This letter of credit is to be opened fifteen (15) days before the vessel’s loading date in favour of the Seller with a bank to be indicated by the latter. It should remain valid for a period of sixty (60) days, which may be extended on the request of either party. Such letter of credit is the subject of a twelve (12) calendar month commitment, governed by the CLIENTUniform Customs and Practice for Documentary Credits published by the International Chamber of Commerce (1983 revision, will be invoiced as a single lump sum at publication Nr 400). All bank charges regarding in particular the start opening, amendment, modification, confirmation and negotiation of the TERM. 12.3 In respect letter of PURCHASE EQUIPMENT procured credit shall be borne by CLIENTthe Buyer. Debit notes shall be settled in cash by telegraphic transfer. The Buyer, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT as soon as he issues instructions to the DELIVERY POINTbank for payment, submit an invoice shall send to the Seller a telex specifying the amount paid, the value date and the corresponding invoices and notes. In case of delay, for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in fullwhatever reason, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days settlement of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any all or part of the invoice is validly disputedamount due to the Seller, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest amount remaining to be paid shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus increased by an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS calculated, in case of invoices, and notes annexed thereto, as from the fifteenth (15th) day following the xxxx of lading date, and, in case of separate debit notes, as from the fifteenth (15th) day following the date borne on these. In both cases, such calculation shall be invoiced separately and within ten made on the basis of the London Interbank Offered Rate (10Libor) working days at six (6) months, as it is quoted on the date of the xxxx of lading, increased by a margin of three (3) per cent per year. Interests on arrears shall themselves be increased, under the same conditions as those applied to the principal sum, by interests to be calculated after each period of six (6) months. No dues, taxes or duties to be paid in relation with the settlement of interests in the Buyer’s country shall be borne by the Seller. The payment of interests shall be made without any deduction whatsoever. PHOSPHATE ROCK: General conditions governing (****) C/ Each delivery being considered as a separate deal, the Seller may suspend deliveries for non-settlement of an invoice or a debit note. If the Buyer goes into liquidation or bankruptcy or if he fails, whatever the reason be, to which conform to the interest relatespayment conditions agreed upon, the Seller shall reserve the right to cancel the contract with respect to the balance of deliveries. Payment As for the quantities already delivered but still floating, the Seller may exercice his right to retain the cargo or the part of the invoice claiming cargo attributed to the interest Buyer. In both cases the Buyer shall be in accordance with remain accountable for the provisions of CLAUSE 12.4 hereofpossible charges and damages thereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Agreement (Innophos Investment Holdings, Inc.)

Invoicing and Payment. 12.1 In consideration A/ - The invoice for each shipment shall be due at the date of the due performance xxxx of SERVICES supplied lading. It shall be established, after loading, on rental or hire, VERIPOS shall, at the end of each calendar month or on completion basis of the rental TERM or hire TERM where earlier, submit an invoice xxxx of lading weight minus moisture according to the CLIENT percentage of reference. B/ - The settlement of the invoice shall be made by way of irrevocable documentary letter of credit, confirmed by a first class international bank, to be paid at sight against the documents agreed upon by both parties prior to shipment. This letter of credit is to be opened fifteen (15) days before the vessel's loading date in favour of the Seller with a bank to be indicated by the latter. It should remain valid for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire a period of SIGNALsixty (60) days, which may be extended on the request of either party. Such letter of credit is the subject of a twelve (12) calendar month commitment, governed by the CLIENTUniform Customs and Practice for Documentary Credits published by the International Chamber of Commerce (1983 revision, will be invoiced as a single lump sum at publication Nr 400). All bank charges regarding in particular the start opening, amendment, modification, confirmation and negotiation of the TERM. 12.3 In respect letter of PURCHASE EQUIPMENT procured credit shall be borne by CLIENTthe Buyer. Debit notes shall be settled in cash by telegraphic transfer. The Buyer, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT as soon as he issues instructions to the DELIVERY POINTbank for payment, submit an invoice shall send to the Seller a telex specifying the amount paid, the value date and the corresponding invoices and notes. In case of delay, for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in fullwhatever reason, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days settlement of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any all or part of the invoice is validly disputedamount due to the Seller, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest amount remaining to be paid shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus increased by an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS calculated, in case of invoices and notes annexed thereto, as from the fifteenth (15th) day following the xxxx of lading date, and, in case of separate debit notes, as from the fifteenth (15th) day following the date borne on these. In both cases, such calculation shall be invoiced separately and within ten made on the basis of the London Interbank Offered Rate (10Libor) working days at six (6) months, as it is quoted on the date of the xxxx of lading, increased by a margin of three (3) per cent per year. Interests on arrears shall themselves be increased, under the same conditions as those applied to the principal sum, by interests to be calculated after each period of six (6) months. No dues, taxes or duties to be paid in relation with the settlement of interests in the Buyer's country shall be borne by the Seller. The payment of interests shall be made without any deduction whatsoever. C/ - Each delivery being considered as a separate deal, the Seller may suspend deliveries for non-settlement of an invoice or a debit note. If the Buyer goes into liquidation or bankruptcy or if he fails, whatever the reason be, to which conform to the interest relatespayment conditions agreed upon, the Seller shall reserve the right to cancel the contract with respect to the balance of deliveries. Payment As for the quantities already delivered but still floating, the Seller may exercise his right to retain the cargo or the part of the invoice claiming cargo attributed to the interest Buyer. In both cases, the Buyer shall be in accordance with remain accountable for the provisions of CLAUSE 12.4 hereofpossible charges and damages thereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Agreement (Mississippi Chemical Corp /MS/)

Invoicing and Payment. 12.1 In consideration A. For services satisfactorily rendered, and upon receipt and approval of the due performance invoices, the STATE shall annually pay to COUNTY that amount which is set forth in the STATE'S budget for each fiscal year involved as the STATE'S contribution to the support of SERVICES supplied the organization maintained by COUNTY for the prevention and suppression of wildland fires on rental lands described herein. The total amount payable by STATE to COUNTY for Gray Book-County Budget Detail (Gray Book) shall not exceed the amount specified in Exhibit B, Section 1. C. during the term of this Agreement. This amount shall not include payments to the COUNTY for COUNTY resources used to suppress STATE responsibility fires under conditions set forth in Exhibit A, Paragraph 10. B. of this Agreement. B. COUNTY shall request payment in an amount not to exceed the sum designated in Paragraph A above in the manner described hereinafter. C. Total Amount of this Agreement shall not exceed $124,968,219.00. D. COUNTY shall prepare and submit “Gray Book” invoices to STATE monthly, quarterly, semi-annually, or hireannually at COUNTY'S option, VERIPOS shallin arrears after STATE has certified that such services have been satisfactorily provided in accordance with this Agreement, at during the period covered by said invoice. The final statement for any fiscal year covered by this Agreement shall be submitted no later than sixty days following the end of each calendar month or on completion of that fiscal year. “Gray Book” invoices shall include the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT for the SERVICES providedAgreement Number. 12.2 Notwithstanding E. Invoice(s) shall be submitted to: F. In the foregoingevent that the STATE during the term of this Agreement increases salary, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSALaugments staffing, or where no PROPOSAL has other expense items, having the effect of increasing such cost, the “Gray Book” may be amended to reflect such increase provided that funds have been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in fullappropriated and are available for such purpose. Similarly, in the currency in which event that the rates and prices are expressed in STATE receives a budget reduction having the PROPOSALeffect of decreasing such cost, within thirty (30) calendar days of date of receipt of invoicethe “Gray Book” may be amended to reflect such decrease. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be In the event no appropriation is made for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding purpose of this Agreement, the foregoing, if any part obligations of the invoice is validly disputed, CLIENT parties to each other under this Agreement shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES cease and this Agreement shall expeditiously negotiate a settlement of the disputed portionbecome null and void. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Agreement With the State of California Department of Forestry for Fire Protection Services

Invoicing and Payment. 12.1 In consideration (a) The Contractor shall submit invoices and supporting documentation for the Work in accordance with this Contract and any payment schedule therein. Undisputed invoices shall be payable within forty- five (45) days of receipt. (b) Unless otherwise provided in the due performance of SERVICES supplied on rental or hirePurchase Order, VERIPOS shall, at the end of each calendar month or on invoices shall be provided following delivery and/or completion of the rental TERM Work, with the final invoice provided to CNL within ninety (90) days after expiry of the Acceptance Period or hire TERM where termination of the Contract, whichever is earlier, submit an invoice failing which the Contractor is deemed to have waived all charges and fees not so invoiced. (c) All invoices must meet CNL’s requirements, and at a minimum provide the applicable Purchase Order number, a description of the Work provided, including reference to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges applicable Purchase Order line item and dollar amount in accordance with the applicable rates specified Purchase Order line item value(s), any taxes payable by CNL, shown as separate items, and the Contractor’s GST Registration Number. (d) All invoices and supporting documentation must be sent via email to xxxxxxxx@xxx.xx as a PDF attachment. All emails must contain the Purchase Order number and invoice number(s) in the PROPOSALsubject line of the email, with each attached PDF named by Purchase Order number and invoice number(s). Multiple invoices in one PDF will be accepted provided all the invoices are associated with the same Purchase Order number. PDF's that include invoices belonging to multiple Purchase Order numbers may be returned and not processed for payment. General enquiries regarding invoicing may be sent to xxxxxxxx@xxx.xx or where no PROPOSAL has been issued, as advised separately by VERIPOS in writingtelephone at 000-000 0000. 12.4 The CLIENT (e) All Invoices are subject to verification by CNL, and payment of any invoice shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of not prejudice CNL’s right to dispute such invoice. Where bank charges occur as a result of any CNL may withhold payment transfer from CLIENT on disputed invoices on Notice to VERIPOSthe Contractor indicating the amount withheld and reason for withholding, said bank charges will be for the CLIENT’S account and VERIPOS no interest shall be entitled to invoice CLIENT for such amount(s)charged on disputed amounts withheld. Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the Any undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest an invoice shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment paid in accordance with CLAUSE 12.4 until subsection (a) above. The Parties will negotiate in good faith and discuss any disputed amount. The Parties agree that the date on which actual payment is made. Any such interest to Contractor may be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be paid in accordance with any further written agreement between the provisions Parties regarding the amount to be paid in satisfaction of CLAUSE 12.4 hereofthe Contractor’s claim. 12.6 Notwithstanding (f) Final payment to the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite Contractor shall not relieve the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision Contractor of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email its obligations or facsimile transmissionliabilities under this Contract.

Appears in 1 contract

Samples: Supply Agreement

Invoicing and Payment. 12.1 In consideration A. For services satisfactorily rendered, and upon receipt and approval of the due performance invoices, the STATE shall annually pay to COUNTY that amount which is set forth in the STATE'S budget for each fiscal year involved as the STATE'S contribution to the support of SERVICES supplied the organization maintained by COUNTY for the prevention and suppression of wildland fires on rental lands described herein. The total amount payable by STATE to COUNTY for "Gray Book" shall not exceed the amount specified on STANDARD FORM 213, Item 3, during the term of this agreement. This amount shall not include payments to the COUNTY for COUNTY resources used to suppress state responsibility fires under conditions set forth in Exhibit A, Paragraphs 4 through 7 of this Agreement. B. COUNTY shall request payment in an amount not to exceed the sum designated in paragraph A above in the manner described hereinafter. C. COUNTY shall prepare and submit "Gray Book" invoices to STATE monthly, quarterly, semi-annually, or hireannually at COUNTY'S option, VERIPOS shallin arrears after STATE has certified that such services have been satisfactorily provided in accordance with this agreement, at during the period covered by said invoice. The final statement for any fiscal year covered by this agreement shall be submitted no later than sixty days following the end of each calendar month that fiscal year. "Gray Book" invoices shall include the Agreement Number and shall be submitted in triplicate in arrears to: Office: California Southern Region Address: 0000 Xxxxxxxx Xx., Xxxxxxxxx, XX 00000 D. In the event STATE during the term of this agreement increases salary, augments staffing or on completion other expense items, having the effect of increasing such cost, the rental TERM or hire TERM where earlier, submit an invoice "Gray Book" may be amended to the CLIENT reflect such increase provided that funds have been appropriated and are available for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in fullsuch purpose. Similarly, in the currency in which event STATE receives a budget reduction having the rates and prices are expressed in effect of decreasing such cost, the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice"Gray Book" may be amended to reflect such decrease. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be In the event no appropriation is made for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding purpose of this agreement, the foregoing, if any part obligations of the invoice is validly disputed, CLIENT parties to each other under this agreement shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES cease and this agreement shall expeditiously negotiate a settlement of the disputed portionbecome null and void. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Fire Protection Agreement

Invoicing and Payment. 12.1 In consideration (a) During the Term, Company shall charge Your Account’s payment info on file on the last day of the due performance of SERVICES supplied on rental or hire, VERIPOS shall, at month (the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT “Invoice Date”) for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice Minimum-Usage Fees due for the full purchase price then-current month, plus any associated deliveryapplicable additional fees, preparation or mobilisation rates and/or charges incurred in accordance with the Services. Subject to applicable usury laws, interest is charged on all past due balances at a compounded rate of one and one-half percent (1.5%) per month. Credit card and direct bank payment accounts are processed automatically on the Invoice Date and You shall be sent (mailed or e-mailed) an invoice as a receipt for payment. Payment adjustments pursuant to the terms and conditions herein (including, without limitation, the Limited Warranty provision) will be reflected on the next invoice and/or in Your payment method account on file. If You dispute any charges on a given invoice other than the Minimum-Usage Fees agreed to, You agree to pay all non-disputed charges and notify Company in writing, no later than fifteen (15) days after the Invoice Date, should You have any questions or issues relating to items billed on any Company-issued invoice; otherwise, all charges shall stand. For the avoidance of doubt, You will not be charged any late fee on any charges reasonably disputed by You in accordance with this Agreement. We accept credit card and checks paid by ACH online. If You prefer to mail Company a physical check to pay an Account invoice, there will be a Ten Dollar ($10.00 USD) processing fee (the “Check Processing Fee”). (b) Unless otherwise stated, all fees, rates, charges and applicable taxes are quoted in U.S. Dollars. All payments must be made electronically by the methods specified within the Service. You agree that Company may charge Your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify Company if Your selected payment method is cancelled (e.g., for loss or theft). All fees and charges are earned upon receipt by Company and are non-refundable (and there are no credits) except (a) as expressly set forth herein, and/or (b) as required by applicable law. (c) You are responsible for all charges incurred under your Account made by You or anyone who uses your Account (including without limitation, Your co-workers, colleagues, team-members, etc.). If Your payment method fails or You are past due on amounts owed, Company may collect fees owed using other collection mechanisms in its sole discretion. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any applicable governmental taxes imposed on your use of the Services, including, but not limited to, sales, use, or value-added taxes. To the extent Company is obligated to collect such taxes, such applicable tax will be added to Your invoices unless Company receives documentation to the contrary such as a tax-exempt certificate or other appropriate documentation stating Our Services are exempt from sales tax. You agree to indemnify, defend and hold Company harmless from any taxes or claims, causes of action, controversies or costs (including, without limitation, costs and attorneys’ fees) and any other liabilities of any nature whatsoever related to such taxes. (d) Your Services will be automatically renewed and your Account credit card (or other payment method on file) will be charged as follows without further authorization from You: (a) every month for monthly subscriptions; (b) upon every one (1) year anniversary for annual subscriptions; and/or (c) such other periodic rates specified You have selected from among the options offered on the Services. You acknowledge that Your subscription is subject to automatic renewals and You consent to and accept responsibility for all related recurring charges to Your applicable payment method without further authorization from You and without further notice unless expressly required by applicable law. You acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if there has been a change in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writingapplicable fees. 12.4 The CLIENT (e) Company, at its own discretion, reserves the right to discontinue its Services while Your Account is past due ("Frozen Account"). In this event, once the Account becomes current, Company will resume Services, but will not be responsible for meeting its turnaround time commitment specifically for dictations submitted during the Frozen Account period, nor shall it be liable for any damages whatsoever resulting from this delay. However, Company will make reasonable efforts to promptly complete all pending work previously received during the Frozen Account period. If You elect to discontinue Services and do not pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, full within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of such election, Your credit card on file (or any other payment transfer from CLIENT to VERIPOS, said bank charges info on file) will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest continue to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the charged interest relates. Payment of the invoice claiming the interest shall be and/or late fees in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding terms and conditions herein until the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS balance is paid in full. Company reserves the right at its sole discretion, to suspend turn delinquent Accounts over to a collection agency and add all related legal and collection costs plus accrued interest to the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmissionoutstanding balance.

Appears in 1 contract

Samples: Terms of Service

Invoicing and Payment. 12.1 In consideration of the due performance of SERVICES supplied on rental or hire, VERIPOS shall, at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit 18.1 Nettitude may issue an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges Charges relating to the Services in accordance with the applicable rates timescales specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writingSchedule 4. 12.4 18.2 The CLIENT Customer shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of the date of receipt of such invoice. Where No payment will be deemed to have been received until Nettitude has received full and cleared funds. 18.3 All sums payable under an Order: (a) are exclusive of VAT or any other applicable tax or duty which must be paid in addition at the rate and in the manner prevailing at the relevant tax point and will become due immediately upon termination of an Order (as applicable); and (b) shall be in Pounds Sterling to Nettitude’s bank charges occur account as a result Nettitude may from time to time notify the Customer. 18.4 All payments to be made by the Customer under an Order will be made in full and without any set-off, restriction or condition and without any deduction or withholding for or on account of any payment transfer from CLIENT counterclaim or any present or future taxes, levies, duties, charges, fees, deductions, or withholdings of any nature, unless the Customer is required by law to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS make any such deduction or withholding. 18.5 Nettitude shall be entitled to invoice CLIENT for such amount(s). Notwithstanding impose a credit limit on the foregoing, if Customer and/or require payment of an increased security deposit and on written notice to the Customer may suspend or withhold any part Services (or the delivery of any Products) in excess of the credit limit or security deposit, in the event that the Customer: (a) suffers a material and negative change in its financial or trading condition or in its credit rating; and/or (b) fails to make payment in cleared funds within thirty (30) days of Nettitude's notification of non- payment. 18.6 Nettitude will be entitled to appoint a debt collection agency registered with the Financial Conduct Authority (FCA) for recovery of outstanding payments. In this event, the Customer agrees that additional charges will be levied to cover the costs of the debt collection agency. 18.7 In the event that the Customer reasonably disputes an invoice is validly disputed, CLIENT in good faith: (a) the Customer shall immediately notify Nettitude in writing explaining why in good faith it disputes the Charges set out on the invoice and pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions terms of CLAUSE 12.4 hereofthis Master Services Agreement. 12.6 Notwithstanding (b) the provisions Parties shall meet to resolve such dispute in good faith, escalating the dispute where appropriate in accordance with the Dispute Resolution Procedure and continue to perform their respective obligations under this Master Service Agreement and the affected Order while any dispute is being resolved, unless and until such obligations are terminated by the termination or expiration of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and this Agreement and/or the affected Order. 18.8 If any overdue invoice remains outstanding (despite sum payable under an Order which is not the issue subject of a reminder good faith dispute is not paid by VERIPOS for payment of same to be made)the due date, then VERIPOS without prejudice to Nettitude’s other rights and remedies, Nettitude reserves the right to: (a) charge interest on such sum on a day-to-day basis (after as well as before any judgment) from the date or last date for payment thereof to the date of actual payment (both dates inclusive) at its sole discretion, the rate of four percent (4%) per annum over the LIBOR base rate (or such other London Clearing Bank as Nettitude may nominate) from time to time in force. Such interest shall be paid on demand by the Customer; or (b) suspend the provision of the SIGNAL SERVICES Services (or delivery of the Products) until payment has been received in full pursuant to Clause 20.5(a). 18.9 If the Services or Products are delivered in instalments or performed in stages, Nettitude reserves the right to invoice each instalment or stage as and recall when delivery is made to the provision Customer or the performance of any EQUIPMENTa stage commences in which case payment shall be due in accordance with Clause 18.2, upon giving CLIENT twenty four (24) hours written notice notwithstanding non-delivery of such action. Such notice may be made by email other instalments or facsimile transmissionstages or fulfilment of the entire Order.

Appears in 1 contract

Samples: Managed Security Services Contract

Invoicing and Payment. 12.1 In consideration of the due performance of SERVICES supplied on rental or hire, VERIPOS shall, 9.1 SUPPLIER shall invoice PURCHASER at the end of each calendar month or on completion of address specified in the rental TERM or hire TERM where earlier, submit an invoice to ORDER for all sums due under the CLIENT for CONTRACT referencing the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will ORDER number. Invoices shall be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges submitted in accordance with the applicable rates specified milestones set out in the PROPOSALQUOTATION (if any) or the ORDER, or where if no PROPOSAL has been issuedmilestones are specified, upon completion of the SERVICES or DELIVERY of the GOODS, as advised separately by VERIPOS in writingapplicable. 12.4 The CLIENT 9.2 If PURCHASER disputes any invoice, PURCHASER shall notify SUPPLIER of the amount(s) under dispute within ten (10) calendar days of the date of the invoice failing which PURCHASER shall be deemed to have accepted that all sums specified on the invoice are valid, accurate and due for payment. PURCHASER shall pay all invoices issued by VERIPOS the undisputed part of the invoice in fullaccordance with clause 9.3. If on resolution of any dispute further sums are due to the SUPPLIER, SUPPLIER shall invoice such sums and these shall be payable in accordance with clause 9.3 together with interest on the currency further amount at the rate of three percent (3%) per annum above the LIBOR rate as of the date shown on the original invoice. 9.3 PURCHASER shall pay SUPPLIER’s invoice in which the rates full and prices are expressed in the PROPOSAL, cleared funds within thirty (30) calendar days of the date of receipt of the invoice. Where , and in such currency specified in the QUOTATION, to such bank charges occur account as a result of SUPPLIER shall designate on such invoices. 9.4 If PURCHASER fails to make any payment transfer due to the SUPPLIER under the CONTRACT by the due date for payment, then without prejudice to the SUPPLIER’s other rights and remedies: (a) PURCHASER shall pay interest on the overdue amount at the rate of four percent (4%) per annum above the LIBOR rate from CLIENT to VERIPOSthe date shown on the original invoice. (b) such interest shall accrue on a daily basis from the date shown on the original invoice, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part until actual payment of the invoice is validly disputedoverdue amount, CLIENT whether before or after judgment. PURCHASER shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance together with the provisions of CLAUSE 12.4 hereof.overdue amount; and 12.6 Notwithstanding (c) the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS SUPPLIER reserves the right at its sole discretion, to suspend the provision DELIVERY of the SIGNAL SERVICES GOODS and recall the provision performance of any EQUIPMENTSERVICES which are undelivered or unperformed (as applicable) at the due date for such payment unless and until such payment is received. Subject to clause 9.2, upon giving CLIENT twenty four any and all amounts due under the CONTRACT shall be paid without any set-off, counterclaim, deduction or withholding (24) hours written notice of such action. Such notice may be made except for any deduction or withholding required by email or facsimile transmissionlaw).

Appears in 1 contract

Samples: Standard Terms and Conditions for the Supply of Goods and/or Services

Invoicing and Payment. 12.1 In consideration 13.1 GSB shall for each calendar month produce a Billing Statement (Schedule D), which shall state the various payments to be made under this Agreement. 13.2 GSB shall submit to the Customer in the course of the month following that for which a liability to pay Fees, Gas-in-Storage Price, Outage LDs, settlement of Default Quantities under Article 15.1 and/or a termination settlement in accordance with Article 17.6.4 is incurred by the Customer and/or GSB, an invoice for such amounts incurred in the previous month (the “Invoice”). The Invoice shall refer to the relevant Billing Statement. Amounts payable and amounts receivable shall be set-off against each other in the Invoice. 13.3 The Customer shall pay to the GSB Bank Account (or if the net amounts payable is due performance by GSB, GSB shall pay to the Customer Bank Account), by wire transfer in freely available funds, the amount set forth in the Invoice on or before the “Due Date”, being the later to occur of: 13.3.1 the twentieth (20th) day of SERVICES supplied the calendar month; or 13.3.2 the tenth (10th) day following receipt of an invoice. 13.4 All payments under this Agreement shall be made in Euro unless otherwise agreed between the Parties. 13.5 Any Fees invoiced by GSB shall be net of any applicable taxes and duties. GSB is entitled to add to such invoices taxes, duties or levies of a similar nature lawfully imposed on rental GSB by a Competent Authority with respect to the services performed. 13.6 Late payments shall accrue interest at the Default Interest Rate from and including the Due Date to, but excluding, the date of payment. 13.7 If a Party, in good faith, disputes the accuracy of an Invoice, it shall, on or hirebefore the Due Date provide a written explanation of the basis for the dispute and shall pay the full amount invoiced no later than the Due Date. If any amount paid under dispute is finally determined to have not been due, VERIPOS such overpayment shall, at the end of each calendar month or on completion election of the rental TERM owed Party, be credited or hire TERM where earlier, submit an invoice returned to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and it within ten (10) working days Days of such determination, along with interest accrued at the Default Interest Rate, from and including the date such amount was paid to the other Party but excluding the date returned or credited. 13.8 No Party has the right to withhold payment nor has any right of set off under this Agreement or otherwise, other than specifically permitted by this Agreement. 13.9 For the purposes of this Agreement and without limitation to the calculation of Fees and the preparation of Invoices, in the event of Insolvency of the invoice to which Customer or GSB, this Agreement and all Primary Capacity Agreements, Register Transfers, Notified Trades and Screen Trades entered into by the interest relates. Payment of the invoice claiming the interest Customer under this Agreement shall be in accordance with the provisions of CLAUSE 12.4 hereoftaken as and construed to be one agreement. 12.6 Notwithstanding 13.10 GSB may set off any overdue payments by the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENTCustomer under this Agreement against the Customer’s Gas-in-Storage for these purposes valued at the nearest published Neutral Gas Price, and any overdue invoice remains outstanding GSB shall promptly notify the Customer hereof, and reduce the Customer’s Gas-in-Storage accordingly. Unless Customer is Insolvent, GSB shall issue a fourteen (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (2414) hours written notice of such action. Such notice may be made by email or facsimile transmissiondays’ prior Notice.

Appears in 1 contract

Samples: Standard Storage Services Agreement

Invoicing and Payment. 12.1 In consideration 8.1 The Service Provider C shall invoice the Company the Fees (if any) quarterly in advance (except for any Fees which arose during the period commencing on the Commencement Date and ending on 31 October 2022, in respect of which the Service Provider C shall invoice the Company in arrears in one singe invoice) on the basis of the due performance budgeted costs provided to the Company in accordance with clause 29. Invoices shall be denominated in and payable in Singapore dollars by bank transfer. 8.2 Subject to the Service Provider C having provided the Services to which the invoice relates in accordance with this Agreement, and having complied with the invoicing requirements set out in this clause 8, the Company shall pay the invoiced amount by the end of SERVICES supplied on rental the calendar month in which the invoice is received by the Company. 8.3 Where any supply for VAT purposes is made under or hire, VERIPOS in connection with this Agreement by the Service Provider C: (a) the Service Provider C shall provide a valid VAT invoice in respect of any such supply. Such invoice shall: (i) show the VAT in any invoice as a separate item; and (ii) be provided in a format and within the timescales as may be provided for by law from time to time; and (b) the Company shall, in addition to any payment made for that supply, pay to the Service Provider C such VAT as is validly chargeable in respect of the supply at the same time as payment is due or, if received later, as soon as reasonably practicable after receipt of the VAT invoice referred to in this clause 8.3. 8.4 At the end of each calendar month or on completion Financial Year, and after finalisation of its financial statements, the Service Provider C shall provide the Company with final invoices which shall cater for any: (a) upwards adjustment of any unbilled portion of the rental TERM Fees (calculated on the basis of actual costs incurred during that Financial Year, plus the relevant mark-up thereon); or hire TERM where earlier(b) downwards adjustment of any excess-billed portion of the Fees (calculated on the basis of actual costs incurred during that Financial Year, submit an invoice plus the relevant mark-up thereon). 8.5 The Service Provider C shall not make any payments to third parties on behalf of the Company, unless expressly requested by the Company to do so, in which case the Service Provider C shall make such payments as a paying agent only and shall not enhance the value of the services paid for. 8.6 The Company shall not be: (a) required to pay any amount to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges Service Provider C in accordance connection with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES Services except for the Fees, VAT and recall any amounts paid by the Service Provider C as paying agent only in accordance with clause 8.5, in each case invoiced in accordance with this clause 8; or (b) responsible for the payment of any amount in respect of the Services which were not provided in accordance with this Agreement, or which were only required due to the Service Provider C’s negligent or deficient provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmissionthe Services.

Appears in 1 contract

Samples: Agreement for the Provision of Chartering Brokerage and Other Services (Costamare Inc.)

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Invoicing and Payment. 12.1 3.4.1. In consideration respect of the due performance of SERVICES supplied on rental or hireeach Transaction, VERIPOS shallTransporter shall deliver electronically (and shall also forward an original (hard copy) to Shipper, at as soon as reasonably practicable following the end of each calendar month or on completion of Fortnight, starting from the rental TERM or hire TERM where earlierFortnight in which the Start Date for such Transaction falls, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for each Fortnight setting forth the full purchase price plus amount to be paid by Shipper to Transporter in respect of each such Fortnight (a “Fortnightly Invoice”), which amount shall be the sum total of Parking Charges, Taxes and any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writingInterest and any other amount for such Fortnight. 12.4 The CLIENT 3.4.2. Shipper shall pay all invoices issued to Transporter the amounts in full set out in such Fortnightly Invoice by VERIPOS in full, in not later than the currency in which date (the rates and prices are expressed in “Due Date”) that is four (4) Business Days after the PROPOSAL, within thirty earlier to occur of the following: (30a) calendar days of the date of receipt of the Fortnightly Invoice delivered electronically; and (b) the date of the receipt of the original hard copy of the Fortnightly Invoice. 3.4.3. For the avoidance of doubt, electronic delivery of Fortnightly Invoices includes delivery via fax, e-mail and the web hosting of such invoices on Transporter’s website and such electronically delivered Fortnightly Invoices shall carry a facsimile signature or a digital signature. If Fortnightly Invoices are delivered via web hosting, Transporter shall notify Shipper contemporaneously via e-mail about such web hosting. 3.4.4. If Shipper fails to make payment by the Due Date of an amount stated in the Fortnightly Invoice, it shall constitute an Event of Default and further Shipper shall be obligated to pay Interest on such outstanding amount as calculated from the Due Date. 3.4.5. If Shipper disagrees on the amount set forth as owing under a Fortnightly Invoice, Shipper shall (except in the case of manifest error or fraud) make provisional payment of the full amount stated in the invoice and shall as soon as reasonably practicable give notice to Transporter of the disagreement and the reasons for such disagreement. 3.4.6. An invoice may be contested by Shipper only if within a period of ninety (90) days after its delivery; Shipper serves notice to Transporter questioning the correctness of the invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOSIf notice is not served within that period, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall deemed to be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) correct and shall be calculated pro rata on a daily basisaccepted by Shipper for all purposes. 3.4.7. Interest shall run from In the date on which absence of an agreement regarding any invoice that is timely and properly contested by Shipper pursuant to this Clause 3.4 any Party may refer the sum in question becomes due matter for payment arbitration in accordance with CLAUSE 12.4 until the date on which actual payment is madeClause Error! Reference source not found. 3.4.8. Any such interest to be claimed Upon resolution of any contested invoice (whether by VERIPOS mutual agreement or arbitration), any necessary correction and consequent adjustment shall be invoiced separately and made within ten seven (107) working days of payment Business Days after agreement or determination of the invoice correct amount, and 3.4.9. If the relevant Party fails to which make such correcting payment to the interest relates. Payment of other Party within the invoice claiming aforesaid seven (7) days period, Interest shall accrue on the interest shall be in accordance with unpaid amount from the provisions of CLAUSE 12.4 hereofday immediately following such seven (7) days period. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Parking Service Agreement

Invoicing and Payment. 12.1 In consideration of the due performance of SERVICES supplied on rental or hire, VERIPOS shall, at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will 1. Goods shall be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENTonce they have been delivered, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS unless agreed otherwise in writing. 12.4 2. Services shall be invoiced during the Contract on the basis of monthly invoices in arrears, including a breakdown of charges, sent by the Supplier to PwC, unless agreed otherwise in writing. 3. Invoices shall be as a minimum set out clearly and comprehensibly the following information: - The CLIENT shall pay all invoices issued by VERIPOS in full, ascription (PwC B.V. or unit in the currency in which Netherlands), attn. Accounts Payable, Thomas X. Xxxxxxxxxxxxx 0, 0000 XX Xxxxxxxxx - Invoices can be sent to the rates aforementioned address or by e-mail to xx_xxxxxxxxxxx@xxx.xxx - Name of the contact person for PwC - Unique Invoice number - Invoice date - Address of the Supplier - The Chamber of Commerce number and prices are expressed in VAT number of the PROPOSALSupplier - Complete IBAN Bank account of the Supplier - The number of the Contract (job code or ou/eac code or PO number) - Specification of the Goods or Services supplied, and quantities - Net amount, VAT, VAT percentage, Gross amount. 4. Payment shall be made by PwC within thirty (30) calendar 30 days of the invoice date in case of receipt approval by the responsible. Payment by PwC is not deemed to waive any right of invoicePwC and constitutes no acceptance of the Goods or Services. 5. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be PwC is entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if suspend payment of all or any part of an invoice if: a) It believes that the invoice Goods or Services do not fully comply with the Contract or if there is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement otherwise any breach of the disputed portionContract by the Supplier; b) It has reasonable doubts regarding the substantive accuracy of the relevant invoice. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices6. The amount of interest payable shall be based Failure by PwC to pay any invoice on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata time or at all on a daily basis. Interest shall run from ground specified in the date on which previous section of this article does not entitle the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest Supplier to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days suspend or terminate performance of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereofits contractual obligations. 12.6 Notwithstanding 7. PwC is at all times entitled to have the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding invoices sent by the Supplier audited by an accountant designated by PwC as defined in Book 2 Article 393 (despite the issue of a reminder by VERIPOS for payment of same to be made1), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: General Terms and Conditions of Purchase

Invoicing and Payment. 12.1 In consideration (a) The Customer will pay Rapid Electronics the Fees (and any Additional Charges and any deposit or up-front payment) at the times specified in the Quote (and if no such time is specified, then on demand). The Quote may (but need not) specify one or more of the following payment arrangements: (i) ‘Progress Claims’ where Rapid Electronics will raise invoices for the Products which have been supplied up to and including the last day of each period specified in the Quote (and if no period is specified, then monthly); (ii) ‘Milestones’ where Rapid Electronics will be paid the relevant portion of the Fee upon the relevant milestones achieving Substantial Completion; or (iii) ‘On Completion’ where Rapid Electronics will be entitled to payment of the relevant Fee upon Rapid Electronics achieving Substantial Completion for the relevant Products that are subject to this payment term. (b) Rapid Electronics may issue an invoice (including a pro forma invoice) to the Customer (or the relevant third party to whom the Products are provided) at any time after the monies become owing to Rapid Electronics pursuant to this Agreement. The amount payable by the Customer will be the amount set out in the invoice, consisting of the Fees, any Additional Charges and other sums payable pursuant to this Agreement. (c) Unless the Quote specifies otherwise, the Customer must pay any invoice issued by Rapid Electronics immediately upon receipt and in any event prior to collection of any Products (or dispatch of the Products from Rapid Electronics’ premises). Rapid Electronics is under no obligation to supply or deliver any Products when any invoice or other monies has not been paid when due. (d) If the Customer (acting reasonably) disputes an invoice issued by Rapid Electronics, then the Customer must provide full details of the dispute (including any supporting evidence) and pay the non-disputed portion of the invoice within the relevant timeframe for payment (with the disputed portion to be paid on resolution of the dispute). The parties will use best endeavours to resolve any dispute over the invoice. Nothing in this paragraph relieves the Customer from an obligation to pay an invoice that is otherwise due performance and payable in accordance with this Agreement. (e) The Customer will pay Rapid Electronics on demand interest at the rate of SERVICES supplied 10% per annum on rental or hireall overdue amounts owed by the Customer to Rapid Electronics, VERIPOS shall, calculated on daily balances and compounding monthly until paid. Interest is payable at the end of each calendar the month or on completion of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates interest accrued and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoicesearlier on demand. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) Customer must also pay all costs and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENTexpenses, and indemnify Rapid Electronics against any Liabilities incurred by Rapid Electronics, associated with collecting any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email amounts or facsimile transmissionenforcing Rapid Electronics’ rights.

Appears in 1 contract

Samples: General Terms and Conditions

Invoicing and Payment. 12.1 In consideration The Supplier shall invoice the Customer on a Supply Point basis, provided that the Customer may elect by notice to the Supplier to receive, and if it so elects the Supplier shall provide, invoices on an aggregate Supply Point basis. Each Month, the Supplier shall invoice the Customer for Supply during the previous Month in the format and by the payment method prescribed in Part 1. If the invoice is to be provided to the Customer: in hard copy, the Supplier shall use all reasonable endeavours to provide the Customer with the invoice by the [tenth (10th)] Working Day of the due performance Month immediately following the Supply Month; or electronically, the Supplier shall use all reasonable endeavours to provide the Customer with the invoice by the [ninth (9th)] Working Day of SERVICES supplied the Month immediately following the Supply Month, and any delay in receipt of an invoice by the Customer shall extend the Payment Terms by a number of days equivalent to the delay in receipt of such invoice. The Customer may at any time change the format in which it receives invoices by providing written notice to the Supplier, provided that the new format must be one or more of the following formats: hard copy; e-billing; EDI; or such other format as the Parties may agree. The Customer may at any time request that the Supplier send an invoice or a copy of an invoice to an address that is different to the address identified in the Managed Registration Information provided that the address on rental the invoice remains the address of the Customer. The Customer may, prior to the beginning of each Supply Year, change the method by which it pays an invoice by providing written notice to the Supplier which shall apply throughout that Supply Year, provided that the new payment method must be one of the following formats: direct debit; BACS; or hireGPC Card. If the Customer makes no election, VERIPOS shallthe payment method shall be by BACS transfer. Any change of payment method notified by the Customer to the Supplier in accordance with Clause 10.6 shall take effect from the commencement of the relevant Supply Year and continue for the Term unless otherwise notified by the Customer in accordance with Clause 10.6. If: the Customer is the Responsible Party the Supplier shall (subject to Clauses 10.10 and 10.11) use Meter readings provided by the Customer, at or Agent, to calculate the amount of an invoice. If the Customer’s Meter reading is received by the Supplier by the [2nd] Working Day following the end of each calendar month the Supply Month then the Supplier shall use the Customer’s Meter reading to calculate the invoice for that Supply Month. If the Customer’s Meter reading is received after that time, then the Supplier shall use the Customer’s Meter reading when calculating the invoice for the Supply Month following the Supply Month in which such reading is received. If the Supplier receives Meter readings from both the Customer and an Agent, the Supplier shall use the Agent’s Meter reading when calculating the amount of an invoice in accordance with this Clause 10.9; or the Supplier is the Responsible Party the Supplier shall use Meter readings obtained by or on completion behalf of it to calculate the amount of an invoice. If the Customer is the Responsible Party and the Customer, or Agent of the rental TERM Customer, does not provide Meter readings to the Supplier for a Supply Month, the Supplier shall use the consumption data recorded by the Meters under Clause 8. If the Customer is the Responsible Party and an Agent’s Meter reading, Customer’s Meter reading or hire TERM where earlieractual consumption data is not available, submit or if the accuracy of a Meter or Meters is disputed, the Supplier shall prepare the invoice or any part thereof using the Supplier’s reasonable estimate of the Supply based on historical consumption data and all other relevant information in accordance with Good Industry Practice. If the Customer is the Responsible Party, and an invoice has been prepared under Clause 10.11, when actual data is received by the Supplier in respect of the relevant period, any invoices delivered under this Agreement in respect of such period shall be adjusted and any amounts underpaid or overpaid as a consequence shall be paid or refunded between the Parties as the case may be. Each Month the Supplier shall send the Customer the invoice showing and/or providing the Charges due from the Customer for the Supply taken at the Site during the relevant Supply Month comprising: the Invoice Amount; any VAT or other taxes, including CCL, customarily to be paid or reimbursed by the Customer; any adjustments required under this Agreement or the Framework Agreement; any reductions or exemptions to the CCL for which the Customer may qualify or any other exemptions or reductions the Customer may be entitled to or qualify for under the Act, the Licence, any legislation or regulation or any relevant Industry Documents or practices in relation to any characteristics of the Supply or the Customer’s consumption behaviour, or any change thereof, provided that the Customer has submitted to the Supplier all necessary evidence, relief certificates or information thereof; any discount offered by the Supplier and available to the Customer under this Agreement, including for prompt payment of sums due; and any other information or data as may be specified in Part 1 as required from the Supplier. Subject to Clause 10.16, each invoice shall be paid by the Customer in accordance with the Payment Terms. No payment is deemed to be received by the Supplier until it is available as cleared funds in the Supplier’s account (providing in the case of cheques that the Supplier shall promptly present such cheques to its bank). Failure to pay any valid invoice, or part of an invoice, that is not the subject of a dispute in accordance with the Payment Terms shall entitle the Supplier to require the Customer to pay interest to the Supplier on the sum overdue. Such interest shall accrue at three per cent (3%) above LIBOR, from time to time, as compounded annually from the date such sum first became due until the date received (as cleared funds) by the Supplier. The Customer agrees that, notwithstanding any provisions herein or in the Framework Agreement or the Customer Access Agreement, the Supplier shall be entitled to require payment directly from the Customer. If the Customer does not agree with the amount of an invoice provided pursuant to this Clause 10, the Customer shall notify the Supplier in writing giving reasonable particulars of the fact within [ten (10)] Working Days of receipt of such invoice or otherwise as soon as reasonably practicable once the issue giving rise to the dispute comes to the Customer’s attention. The Customer shall only withhold payment of the amount of the invoice that is disputed (the “Disputed Payment”). The Parties agree and acknowledge that a Disputed Payment shall be a Complaint and the Supplier shall resolve the Disputed Payment in accordance with the Complaint resolution process in Clauses 5.8 to 5.15. If, as part of the resolution of a Complaint in accordance with that process, the Supplier re-issues an invoice to the CLIENT Customer, the Customer shall: if the re-issued invoice is received by the Customer no less than [ten (10)] Days prior to the due date of the Original Invoice, pay the outstanding amount of the re-issued invoice by the date specified in the Original Invoice; or if the re-issued invoice is received by the Customer less than [ten (10)] Days prior to the due date of the Original Invoice, pay the outstanding amount of the re-issued invoice within such period as applied pursuant to the Payment Terms after the Customer’s receipt of the re-issued invoice from the Supplier, and the re-issued invoice may only require the Customer to pay the outstanding amount. Any non-regular payment under this Agreement shall be by GPC Card, BACS (or equivalent instantaneous transfer of funds) to the Party to whom it is due at the bank and to the credit of the account specified in Part 1, or such other account as the receiving Party may notify to the other in writing no later than [five (5) Days] before the relevant payment is due. All bank charges shall be for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start account of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS Party making the payment. The Supplier shall upon completion of delivery of PURCHASE EQUIPMENT only be entitled to vary the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges Charges in accordance with the applicable rates specified in Framework Agreement. With effect from the PROPOSAL, or where no PROPOSAL has been issued, date (if any) that the United Kingdom adopts the Euro as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the its lawful currency in substitution for Sterling (the “Euro Effective Date”): amounts which the rates and prices are expressed would otherwise have been invoiced in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS Sterling shall be entitled converted from Sterling to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) Euro and shall be calculated pro rata on a daily basis. Interest shall run from stated in the date on which the sum invoice in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of Euro; payment of all amounts falling due under this Framework Agreement on or after the invoice to which the interest relates. Payment of the invoice claiming the interest Euro Effective Date shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email the payer to the relevant Euro account of the recipient in Euro as notified between the Parties; no amounts falling due after the Euro Effective Date, which would have been payable in Sterling under this Framework Agreement but for the adoption of the Euro by the United Kingdom as its lawful currency, shall be made in Sterling or facsimile transmissionother national currency units; and conversions between Sterling and Euro will be at the fixed conversion rate provided for by English law.

Appears in 1 contract

Samples: Framework Agreement for Natural Gas Supply

Invoicing and Payment. 12.1 In consideration The Supplier shall invoice the Customer on a Supply Point basis, provided that the Customer may elect by notice to the Supplier to receive, and if it so elects the Supplier shall provide, invoices on an aggregate Supply Point basis. Each Month, the Supplier shall invoice the Customer for Supply during the previous Month in the format and by the payment method prescribed in Part 1. If the invoice is to be provided to the Customer: in hard copy, the Supplier shall use all reasonable endeavours to provide the Customer with the invoice by the [tenth (10th)] Working Day of the due performance Month immediately following the Supply Month; or electronically, the Supplier shall use all reasonable endeavours to provide the Customer with the invoice by the [ninth (9th)] Working Day of SERVICES supplied the Month immediately following the Supply Month, and any delay in receipt of an invoice by the Customer shall extend the Payment Terms by a number of days equivalent to the delay in receipt of such invoice. The Customer may at any time change the format in which it receives invoices by providing written notice to the Supplier, provided that the new format must be one or more of the following formats: hard copy; e-billing; EDI; or such other format as the Parties may agree. The Customer may at any time request that the Supplier send an invoice or a copy of an invoice to an address that is different to the address identified in the Managed Registration Information provided that the address on rental the invoice remains the address of the Customer. The Customer may, prior to the beginning of each Supply Year, change the method by which it pays an invoice by providing written notice to the Supplier which shall apply throughout that Supply Year, provided that the new payment method must be one of the following formats: direct debit; BACS; or hireGPC Card. If the Customer makes no election, VERIPOS shallthe payment method shall be by BACS transfer. Any change of payment method notified by the Customer to the Supplier in accordance with Clause 10.6 shall take effect from the commencement of the relevant Supply Year and continue for the Term unless otherwise notified by the Customer in accordance with Clause 10.6. If: the Customer is the Responsible Party the Supplier shall (subject to Clauses 10.10 and 10.11) use Meter readings provided by the Customer, at or Agent, to calculate the amount of an invoice. If the Customer’s Meter reading is received by the Supplier by the [2nd] Working Day following the end of each calendar month the Supply Month, then the Supplier shall use the Customer’s Meter reading to calculate the invoice for that Supply Month. If the Customer’s Meter reading is received after that time, then the Supplier shall use the Customer’s Meter reading when calculating the invoice for the Supply Month following the Supply Month in which such reading is received. If the Supplier receives Meter readings from both the Customer and an Agent, the Supplier shall use the Agent’s Meter reading when calculating the amount of an invoice in accordance with this Clause 10.10; or the Supplier is the Responsible Party the Supplier shall use Meter readings obtained by or on completion behalf of it to calculate the amount of an invoice. If the Customer is the Responsible Party and the Customer, or Agent of the rental TERM Customer, does not provide Meter readings to the Supplier for a Supply Month, the Supplier shall use the consumption data recorded by the Meters under Clause 8. If the Customer is the Responsible Party and an Agent’s Meter reading, Customer’s Meter reading or hire TERM where earlieractual consumption data is not available, submit or if the accuracy of a Meter or Meters is disputed, the Supplier shall prepare the invoice or any part thereof using the Supplier’s reasonable estimate of the Supply based on historical consumption data and all other relevant information in accordance with Good Industry Practice. If the Customer is the Responsible Party, and an invoice has been prepared under Clause 10.11, when actual data is received by the Supplier in respect of the relevant period, any invoices delivered under this Agreement in respect of such period shall be adjusted and any amounts underpaid or overpaid as a consequence shall be paid or refunded between the Parties as the case may be. Each Month the Supplier shall send the Customer the invoice showing and/or providing the Charges due from the Customer for the Supply taken at the Site during the relevant Supply Month comprising: the Invoice Amount; any VAT or other taxes, including CCL, customarily to be paid or reimbursed by the Customer; any adjustments required under this Agreement or the Framework Agreement; any reductions or exemptions to the CCL for which the Customer may qualify or any other exemptions or reductions the Customer may be entitled to or qualify for under the Act, the Licence, any legislation or regulation or any relevant Industry Documents or practices in relation to any characteristics of the Supply or the Customer’s consumption behaviour, or any change thereof, provided that the Customer has submitted to the Supplier all necessary evidence, relief certificates or information thereof; any discount offered by the Supplier and available to the Customer under this Agreement, including for prompt payment of sums due; and any other information or data as may be specified in Part 1 as required from the Supplier. Subject to Clause 10.16, each invoice shall be paid by the Customer in accordance with the Payment Terms. No payment is deemed to be received by the Supplier until it is available as cleared funds in the Supplier’s account (providing in the case of cheques that the Supplier shall promptly present such cheques to its bank). Failure to pay any valid invoice, or part of an invoice, that is not the subject of a dispute in accordance with the Payment Terms shall entitle the Supplier to require the Customer to pay interest to the Supplier on the sum overdue. Such interest shall accrue at three per cent (3%) above LIBOR, from time to time, as compounded annually from the date such sum first became due until the date received (as cleared funds) by the Supplier. The Customer agrees that, notwithstanding any provisions herein or in the Framework Agreement or the Customer Access Agreement, the Supplier shall be entitled to require payment directly from the Customer. If the Customer does not agree with the amount of an invoice provided pursuant to this Clause 10, the Customer shall notify the Supplier in writing giving reasonable particulars of the fact within [ten (10)] Working Days of receipt of such invoice or otherwise as soon as reasonably practicable once the issue giving rise to the dispute comes to the Customer’s attention. The Customer shall only withhold payment of the amount of the invoice that is disputed (the “Disputed Payment”). The Parties agree and acknowledge that a Disputed Payment shall be a Complaint and the Supplier shall resolve the Disputed Payment in accordance with the Complaint resolution process in Clauses 5.8 to 5.15. If, as part of the resolution of a Complaint in accordance with that process, the Supplier re-issues an invoice to the CLIENT Customer, the Customer shall: if the re-issued invoice is received by the Customer no less than [ten (10)] Days prior to the due date of the Original Invoice, pay the outstanding amount of the re-issued invoice by the date specified in the Original Invoice; or if the re-issued invoice is received by the Customer less than [ten (10)] Days prior to the due date of the Original Invoice, pay the outstanding amount of the re-issued invoice within such period as applied pursuant to the Payment Terms after the Customer’s receipt of the re-issued invoice from the Supplier, and the re-issued invoice may only require the Customer to pay the outstanding amount. Any non-regular payment under this Agreement shall be by GPC Card, BACS (or equivalent instantaneous transfer of funds) to the Party to whom it is due at the bank and to the credit of the account specified in Part 1, or such other account as the receiving Party may notify to the other in writing no later than [five (5) Days] before the relevant payment is due. All bank charges shall be for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start account of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS Party making the payment. The Supplier shall upon completion of delivery of PURCHASE EQUIPMENT only be entitled to vary the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges Charges in accordance with the applicable rates specified in Framework Agreement. With effect from the PROPOSAL, or where no PROPOSAL has been issued, date (if any) that the United Kingdom adopts the Euro as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the its lawful currency in substitution for Sterling (the “Euro Effective Date”): amounts which the rates and prices are expressed would otherwise have been invoiced in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS Sterling shall be entitled converted from Sterling to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) Euro and shall be calculated pro rata on a daily basis. Interest shall run from stated in the date on which the sum invoice in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of Euro; payment of all amounts falling due under this Framework Agreement on or after the invoice to which the interest relates. Payment of the invoice claiming the interest Euro Effective Date shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email the payer to the relevant Euro account of the recipient in Euro as notified between the Parties; no amounts falling due after the Euro Effective Date, which would have been payable in Sterling under this Framework Agreement but for the adoption of the Euro by the United Kingdom as its lawful currency, shall be made in Sterling or facsimile transmissionother national currency units; and conversions between Sterling and Euro will be at the fixed conversion rate provided for by English law.

Appears in 1 contract

Samples: Natural Gas Supply Agreement

Invoicing and Payment. 12.1 In consideration 8.1 The Service Provider B shall invoice the Company the Fees (if any) quarterly in advance (except for any Fees which arose during the period commencing on the Commencement Date and ending on 31 October 2022, in respect of which the Service Provider B shall invoice the Company in arrears in one singe invoice) on the basis of the due performance budgeted costs provided to the Company in accordance with clause 29. Invoices shall be denominated in and payable in DKK by bank transfer. 8.2 Subject to the Service Provider B having provided the Services to which the invoice relates in accordance with this Agreement, and having complied with the invoicing requirements set out in this clause 8, the Company shall pay the invoiced amount by the end of SERVICES supplied on rental the calendar month in which the invoice is received by the Company. 8.3 Where any supply for VAT purposes is made under or hire, VERIPOS in connection with this Agreement by the Service Provider B: (a) the Service Provider B shall provide a valid VAT invoice in respect of any such supply. Such invoice shall: (i) show the VAT in any invoice as a separate item; and (ii) be provided in a format and within the timescales as may be provided for by law from time to time; and (b) the Company shall, in addition to any payment made for that supply, pay to the Service Provider B such VAT as is validly chargeable in respect of the supply at the same time as payment is due or, if received later, as soon as reasonably practicable after receipt of the VAT invoice referred to in this clause 8.3. 8.4 At the end of each calendar month or on completion Financial Year, and after finalisation of its financial statements, the Service Provider B shall provide the Company with final invoices which shall cater for any: (a) upwards adjustment of any unbilled portion of the rental TERM Fees (calculated on the basis of actual costs incurred during that Financial Year, plus the relevant mark-up thereon); or hire TERM where earlier(b) downwards adjustment of any excess-billed portion of the Fees (calculated on the basis of actual costs incurred during that Financial Year, submit an invoice plus the relevant mark-up thereon). 8.5 The Service Provider B shall not make any payments to third parties on behalf of the Company, unless expressly requested by the Company to do so, in which case the Service Provider B shall make such payments as a paying agent only and shall not enhance the value of the services paid for. 8.6 The Company shall not be: (a) required to pay any amount to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges Service Provider B in accordance connection with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES Services except for the Fees, VAT and recall any amounts paid by the Service Provider B as paying agent only in accordance with clause 8.5, in each case invoiced in accordance with this clause 8; or (b) responsible for the payment of any amount in respect of the Services which were not provided in accordance with this Agreement, or which were only required due to the Service Provider B’s negligent or deficient provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmissionthe Services.

Appears in 1 contract

Samples: Agreement for the Provision of Chartering Brokerage and Other Services (Costamare Inc.)

Invoicing and Payment. 12.1 In consideration of 8.1. If You have not opted to receive Export Tariff Payments: (a) We shall pay for the Metered Export and any other Benefits at the rate set out in the SmartGen Payments Schedule. We shall send You a Self-Billing Invoice setting out the payments due performance of SERVICES supplied on rental or hire, VERIPOS shall, at and the underlying data promptly following the end of each calendar month or on completion Quarter. We shall transfer by direct bank transfer to the Account all payments due promptly after the issue of the rental TERM or hire TERM where earlierSelf-Billing Invoice. (b) We will pay to You the value set out in the SmartGen Payments Schedule for the period applicable for each XXXX that derives from the Metered Output that is successfully transferred to Our XXXX account on the XXXX register. We shall send You a Self-Billing Invoice setting out the XXXX payments due promptly following the end of each Quarter. We shall transfer, submit an invoice by direct bank transfer to the CLIENT for Account all payments due in respect of the SERVICES providedREGOs promptly after the issue of the Self-Billing Invoice. 12.2 Notwithstanding 8.2. If You have opted to receive Export Tariff Payments We shall pay You for: (a) the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges Generation Payment in accordance with the applicable rates specified FiT Terms; and (b) the Metered Export and any other Benefits at the rate set out in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately FiT Terms. We shall send You a Self-Billing Invoice setting out the payments due in respect of Metered Export and other Benefits and the underlying data promptly after We have received the related Levelisation Payment following the end of each Quarter. We shall transfer by VERIPOS in writingdirect bank transfer to the Account all payments due promptly after the issue of the Self-Billing Invoice. 12.4 The CLIENT 8.3. Where this Agreement states that We shall pay raise a Self-Billing Invoice: (a) We shall: (i) ensure that each Self-Billing Invoice contains details of Our name, address and VAT registration number, together with all the other details which constitute a full VAT invoice; and (ii) inform You if the issue of Self-Billing Invoices will be outsourced to a third party (b) You shall: (i) accept each Self-Billing Invoice raised by Us in accordance with this Agreement; (ii) not raise sales invoices issued for the transactions covered by VERIPOS in fullany Self-Billing Invoice; and (iii) notify Us immediately if You (1) change Your VAT registration number, in (2) cease to be VAT registered or (3) sell Your business or part of Your business. 8.4. If the currency in which Standing Charge applies, We will send You an invoice within 30 days of the rates and prices are expressed in end of each Quarter setting out the PROPOSALStanding Charge that is payable. You shall, within thirty (30) calendar 15 working days of date of receipt of such invoice, transfer to Us by bank transfer or by cheque all payments due under such invoice. 8.5. Where bank charges occur as We may set off any payments due and payable under this Agreement against any debts owed by You to Us from time to time. 8.6. Amounts payable under this Agreement are exclusive of value added tax. You must pay UK taxes and duties, including VAT, at the appropriate rates, on the amounts payable under this Agreement in accordance with current legislation. Accordingly, We will charge You VAT at the standard prevailing rate unless You send us a result completed, valid VAT certificate that shows that You do not have to pay VAT at the standard rate. If You do this, We will charge You VAT at the appropriate reduced rate from the date We receive the certificate. 8.7. Any amount due and remaining unpaid for more than 28 days after the date of any an invoice shall bear interest from day to day at a rate equal to 2% above the base lending rate of Lloyds TSB Bank plc from time to time in force. 8.8. If You dispute a payment transfer from CLIENT please contact Us immediately and We will work with You to VERIPOS, said bank charges will be for resolve the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s)issue. Notwithstanding the foregoing, if If either party disputes any part of an invoice the invoice is validly disputed, CLIENT relevant party shall pay any undisputed part when it is due. Interest as set out in clause 8.7 shall apply to the undisputed portion within disputed part which subsequently is agreed or determined to have been properly payable. 8.9. We reserve the stated time scale. Thereafter right to reduce, withhold or recoup payments if it has been identified that an error has occurred regardless as to the PARTIES shall expeditiously negotiate a settlement source of the disputed portionerror. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Smartgen Terms and Conditions

Invoicing and Payment. 12.1 In consideration (a) Vendor may invoice Owner the applicable price(s), charge(s) and fee(s) for any of the due performance of SERVICES supplied on rental Products, Services, Software or hire, VERIPOS shall, Work which cannot be determined at the end of each calendar month time that Owner submits its Purchase Order to Vendor, or on completion at the time Vendor accepts such Purchase Order, according to the following schedules or as otherwise mutually agreed to in writing by Owner and Vendor: (a) one hundred percent (100%) of the rental TERM or hire TERM where earlierapplicable price(s), submit an invoice to the CLIENT charge(s) and fee(s) for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, engineering Services which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will cannot be determined in advance may be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery such Services; (b) one hundred percent (100%) of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified price(s), charge(s) and fee(s) for other Services which cannot be determined in advance may be invoiced monthly in respect of Services rendered during the PROPOSALprior month; and (c) one hundred percent (100%) of the applicable Price(s), or where no PROPOSAL has been issued, as advised separately by VERIPOS charge(s) and fee(s) for any other charges which cannot be determined in writingadvance may be invoiced following the time that they are determined. 12.4 The CLIENT (b) Vendor invoices shall be issued on a line item basis to approximate Owner's Purchase Orders. Such Vendor invoices shall also indicate the relevant Owner Purchase Order number. Owner shall pay Vendor all invoices issued by VERIPOS in fullinvoiced amounts, in the currency in which the rates and prices are expressed in the PROPOSALplus taxes, less any disputed items, within thirty (30) calendar days of from the date of receipt of Vendor's invoice. Where bank charges occur as Delinquent payments are subject to a result late payment charge at an annual rate of [***] per year, or portion thereof, of the amount due. However, such late payment charge shall not exceed any maximum lawful charges. [*] CERTAIN MATERIAL (INDICATED BY AN ASTERISK) HAS BEEN OMITTED FROM THIS DOCUMENT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. (c) Owner shall notify Vendor of any payment transfer disputed invoice amounts in writing within thirty (30) days from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part date of the invoice. Any disputed amounts which are subsequently determined to be valid are due for payment based upon the original invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) date and shall be calculated pro rata on subject to a daily basisretroactive late payment charge based upon such original invoice due date. 3. Interest shall run from the date on The unnumbered paragraph which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10follows Section 24.7(d) working days of payment of the invoice to Contract (which is the interest relatessubject of Section 4 of Amendment No. Payment of 1) is deleted in its entirety and replaced by the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.following new subparagraph 24.7(e):

Appears in 1 contract

Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)

Invoicing and Payment. 12.1 (a) DUPONT shall initiate payment of all undisputed amounts contained in CONTRACTOR's monthly invoices within 30 days after receipt thereof less any amount DUPONT is required by law to withhold or deduct. Such payment shall not prejudice DUPONT's right to subsequently dispute any part of an invoice. In consideration the event DUPONT disputes an item billed, DUPONT shall, within 60 days of receipt of CONTRACTOR's invoice, notify CONTRACTOR of the due performance item in dispute, specifying DUPONT's complaint. DUPONT may withhold payment of SERVICES supplied on rental items in dispute without interest until the dispute is resolved. The undisputed amount, however, shall be paid without delay. Where applicable, DUPONT and CONTRACTOR shall agree in advance the gross lump sum amount to be charged or hire, VERIPOS shall, at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT "cost" for the SERVICES to be provided. 12.2 Notwithstanding the foregoing, hire as specified in Schedule 3, inclusive of SIGNALcharges, which is the subject of overheads, handling fees and mark xxx. These sums will then be calculated and proportioned on a twelve (12) calendar month commitment, monthly basis and submitted by the CLIENT, will CONTRACTOR to DUPONT as described above. In those areas where work cannot be invoiced as agreed on a single lump sum at basis, the start variable basis (described in terms of readily identifiable metrics) of billing and the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS required supporting documentation shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any agreed as part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scaleservice description. Thereafter the PARTIES shall expeditiously negotiate Such documentation will be retained by CONTRACTOR for a settlement of the disputed portionreasonable period subject to verification by DUPONT upon audit. 12.5 Interest (b) If any payment is not paid when due, CONTRACTOR shall have the right, without any liability to DUPONT, or anyone claiming by or through DUPONT, to immediately cease providing the SERVICES until the payment in full of all such payments, which right may be payable for late payment of correctly prepared exercised by CONTRACTOR in its sole and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) absolute discretion and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum not affect CONTRACTOR's right or ability to terminate this Agreement as set forth in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereofArticle 18. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Dme Tolling Agreement (Conoco Inc /De)

Invoicing and Payment. 12.1 In consideration 10.1 Subject to the terms of this Agreement and the Contractor complying with all terms and conditions as contained in this Agreement, and in particular, the Authority Representative being satisfied in the Authority’s absolute discretion that each part or all of the due performance of SERVICES supplied on rental or hire, VERIPOS shall, at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges relevant Project Services have been completed in accordance with the applicable rates specified terms of this Agreement and to the satisfaction of the Authority, the Authority will pay the progress payment as achieved in accordance with schedule 3 and in accordance with the terms of this Agreement. 10.2 The Contractor shall give to the Authority’s Representative an invoice in respect of the Project Services as soon as practicable after, and, in any event, within seven (7) Business Days of the completion of the delivery of the Project Services. 10.3 Where Schedule 3 provides for progress payments invoices for such payments may be submitted in arrears in accordance with the payment provision set out in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writingSchedule. 12.4 10.4 The CLIENT Contractor must provide to the Authority a correctly rendered Tax Invoice, of which any such Tax Invoice shall also specify the following: - (a) the Authority’s reference number; (b) the Fee due to the Contractor and the basis for its calculation; (c) the date of delivery of the Project Services to which the invoice relates; (d) a description (including quantity) of the Project Services delivered; (e) the Contractor’s address for payment; (f) together with such other information as may be required from time to time by the Authority; the Contractor must ensure that any Tax Invoice will meet the requirements as set out under the GST Law. 10.5 All invoices shall be certified for payment by the Authority’s Representative prior to payment. No invoice shall be certified for payment unless the Authority’s Representative is satisfied that the Project Services for which payment is sought have been satisfactorily completed. 10.6 Subject to certification under clause 10.5, the Authority shall pay all invoices issued by VERIPOS in full, in the currency in which Project Fees to the rates and prices are expressed in the PROPOSAL, Contractor within thirty (30) calendar days Business Days of date of the receipt of the invoice. Where bank charges occur as a result . 10.7 Payment of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the an invoice is validly disputed, CLIENT shall pay not: (a) evidence or an admission that the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be Project Services have been provided in accordance with the provisions Project Brief; (b) evidence of CLAUSE 12.4 hereofthe value of the specific Project Services; (c) an admission that the Project Services invoiced were satisfactorily performed or expenses properly incurred; (d) an admission of liability; or (e) acceptance or approval of the Contractor’s performance; but must be taken only as payment on account. 12.6 Notwithstanding 10.8 The Contractor is required to provide an Australian Business Number (ABN) and will not be entitled to any payment pursuant to any Tax Invoice until an ABN is supplied to the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmissionAuthority.

Appears in 1 contract

Samples: Consultancy Agreement

Invoicing and Payment. 12.1 In consideration 7.1 The Purchaser agrees that the amount contained in a tax invoice or statement issued by The Supplier shall be due and payable unconditionally and without deduction: 7.1.1 cash on order; or 7.1.2 if The Purchaser is a Credit Approved Customer, within the agreed credit period referred to in the Credit Application or if no period has been agreed then within 30 days of the date of the tax invoice or statement. 7.2 All payments shall be made so that the amount due performance is available as cash in the hands of SERVICES supplied the Supplier by the due date. It shall be the responsibility of the Purchaser to ensure that the method of payment it chooses is made in time to ensure the above. The risk of payment by cheque through the post rests with The Purchaser which shall bear the onus of having made payment in that fashion. 7.3 The Purchaser has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be provided to The Purchaser, unless reduced to writing and signed by the duly authorised representative of The Supplier. 7.4 The Purchaser is not entitled to set off any amount due to The Purchaser by The Supplier, against any debt arising from this Agreement, including any dispute that may be pending 7.5 All trade discounts shall be forfeited if payment in full is not made on rental or hirethe due date. 7.6 The quoted price is strictly net (exclusive of VAT and any other surcharges) and not subjected to any settlement discount, VERIPOS shallunless otherwise agreed in writing between The Supplier and The Purchaser. If any settlement discount is agreed to in writing, it shall only apply and be allowed if payment is received at the end offices of each calendar month or on completion The Supplier timeously as set out herein. Settlement discount only applies to the actual price of the rental TERM or hire TERM where earliergoods (i.e. excluding VAT, submit an invoice to the CLIENT for the SERVICES provided.transport costs, insurance and similar charges) 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 7.7 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest Purchaser agrees that interest shall be payable for late payment of correctly prepared and adequately supported invoices. to The amount of interest payable shall be based Supplier on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) monies past due and shall be in arrears at the legal rate applicable from time to time calculated pro rata on a daily basis. Interest shall run from the time the debt was due to date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereofpayment. 12.6 Notwithstanding 7.8 Should any amount not be received by The Supplier on or before due date all other amounts payable but not yet due by The Purchaser to The Supplier shall immediately and without notice to The Purchaser become due and payable together with interest as referred to in 7.7. 7.9 The Purchaser agrees that if it receives credit in terms hereof and an account is not settled in full within the provisions of CLAUSE 12.5, where SERVICES are being or have been provided agreed time period The Supplier is: 7.9.1 entitled to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours provide written notice of such action. Such notice default requesting that it be rectified and advising that it may be made by email referred, if the Purchaser is a natural person to a debt counsellor, to an alternative dispute resolution agent, consumer court or facsimile transmissionombud with jurisdiction with a view to resolving any dispute under this agreement or agreeing on a plan to bring the repayment due hereunder up to date; and 7.9.2 if the Purchaser, after notice referred to in terms of 7.9.1, has been in default for at least 20 business days and at least 10 business days have elapsed since the aforesaid notice entitled to proceed against the Purchaser to cancel the agreement and take possession of any goods delivered to The Purchaser and claim damages. These remedies are without prejudice to any other rights The Supplier may be entitled to in terms of this agreement or in law.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

Invoicing and Payment. 12.1 In consideration of 8.1. If You have not opted to receive Export Tariff Payments or if clause 3.4 applies: (a) We shall pay for the Metered Export and any other Benefits (excluding REGOs) at the rate set out in the SmartGen Payments Schedule or in clause 3.4. We shall send You a Self-Billing Invoice setting out the payments due performance of SERVICES supplied on rental or hire, VERIPOS shall, at and the underlying data promptly following the end of each calendar month or on completion Quarter. We shall transfer by direct bank transfer to the Account all payments due promptly after the issue of the rental TERM or hire TERM where earlierSelf-Billing Invoice. (b) We will pay to You the value set out in the SmartGen Payments Schedule for the period applicable for each XXXX that derives from the Metered Output that is successfully transferred to Our XXXX account on the XXXX register. We shall send You a Self-Billing Invoice setting out the XXXX payments due promptly following the end of each Quarter. We shall transfer, submit an invoice by direct bank transfer to the CLIENT for Account all payments due in respect of the SERVICES providedREGOs promptly after the issue of the Self-Billing Invoice. 12.2 Notwithstanding 8.2. If You have opted to receive Export Tariff Payments We shall pay You for: (a) the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges Generation Payment in accordance with the applicable rates specified FiT Terms; and (b) the Metered Export and any other Benefits at the rate set out in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately FiT Terms. We shall send You a Self-Billing Invoice setting out the payments due in respect of Metered Export and other Benefits and the underlying data promptly after We have received the related Levelisation Payment following the end of each Quarter. We shall transfer by VERIPOS in writingdirect bank transfer to the Account all payments due promptly after the issue of the Self-Billing Invoice. 12.4 The CLIENT 8.3. Where this Agreement states that We shall pay raise a Self-Billing Invoice: (a) We shall: (i) ensure that each Self-Billing Invoice contains details of Our name, address and VAT registration number, together with all the other details which constitute a full VAT invoice; and (ii) inform You if the issue of Self-Billing Invoices will be outsourced to a third party (b) You shall: (i) accept each Self-Billing Invoice raised by Us in accordance with this Agreement; (ii) not raise sales invoices issued for the transactions covered by VERIPOS in fullany Self-Billing Invoice; and (iii) notify Us immediately if You (1) change Your VAT registration number, in (2) cease to be VAT registered or (3) sell Your business or part of Your business. 8.4. If the currency in which Standing Charge applies, We will send You an invoice within 30 days of the rates and prices are expressed in end of each Quarter setting out the PROPOSALStanding Charge that is payable. You shall, within thirty (30) calendar 15 working days of date of receipt of such invoice, transfer to Us by bank transfer or by cheque all payments due under such invoice. 8.5. Where bank charges occur as We may set off any payments due and payable under this Agreement against any debts owed by You to Us from time to time. 8.6. Amounts payable under this Agreement are exclusive of value added tax. You must pay UK taxes and duties, including VAT, at the appropriate rates, on the amounts payable under this Agreement in accordance with current legislation. Accordingly, We will charge You VAT at the standard prevailing rate unless You send us a result completed, valid VAT certificate that shows that You do not have to pay VAT at the standard rate. If You do this, We will charge You VAT at the appropriate reduced rate from the date We receive the certificate. 8.7. Any amount due and remaining unpaid for more than 28 days after the date of any an invoice shall bear interest from day to day at a rate equal to 2% above the base lending rate of Lloyds TSB Bank plc from time to time in force.‌ 8.8. If You dispute a payment transfer from CLIENT please contact Us immediately and We will work with You to VERIPOS, said bank charges will be for resolve the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s)issue. Notwithstanding the foregoing, if If either party disputes any part of an invoice the invoice is validly disputed, CLIENT relevant party shall pay any undisputed part when it is due. Interest as set out in clause 8.7 shall apply to the undisputed portion within disputed part which subsequently is agreed or determined to have been properly payable. 8.9. We reserve the stated time scale. Thereafter right to reduce, withhold or recoup payments if it has been identified that an error has occurred regardless as to the PARTIES shall expeditiously negotiate a settlement source of the disputed portionerror. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Smartgen Terms and Conditions

Invoicing and Payment. 12.1 In consideration 8.1 The Service Provider A shall invoice the Company the Fees (if any) quarterly in advance (except for any Fees which arose during the period commencing on the Commencement Date and ending on 31 October 2022, in respect of which the Service Provider A shall invoice the Company in arrears in one singe invoice) on the basis of the due performance budgeted costs provided to the Company in accordance with clause 29. Invoices shall be denominated in and payable in Euro by bank transfer. 8.2 Subject to the Service Provider A having provided the Services to which the invoice relates in accordance with this Agreement, and having complied with the invoicing requirements set out in this clause 8, the Company shall pay the invoiced amount by the end of SERVICES supplied on rental the calendar month in which the invoice is received by the Company. 8.3 Where any supply for VAT purposes is made under or hire, VERIPOS in connection with this Agreement by the Service Provider A: (a) the Service Provider A shall provide a valid VAT invoice in respect of any such supply. Such invoice shall: (i) show the VAT in any invoice as a separate item; and (ii) be provided in a format and within the timescales as may be provided for by law from time to time; and (b) the Company shall, in addition to any payment made for that supply, pay to the Service Provider A such VAT as is validly chargeable in respect of the supply at the same time as payment is due or, if received later, as soon as reasonably practicable after receipt of the VAT invoice referred to in this clause 8.3. 8.4 At the end of each calendar month or on completion Financial Year, and after finalisation of its financial statements, the Service Provider A shall provide the Company with final invoices which shall cater for any: (a) upwards adjustment of any unbilled portion of the rental TERM Fees (calculated on the basis of actual costs incurred during that Financial Year, plus the relevant mark-up thereon); or hire TERM where earlier(b) downwards adjustment of any excess-billed portion of the Fees (calculated on the basis of actual costs incurred during that Financial Year, submit an invoice plus the relevant mark-up thereon). 8.5 The Service Provider A shall not make any payments to third parties on behalf of the Company, unless expressly requested by the Company to do so, in which case the Service Provider A shall make such payments as a paying agent only and shall not enhance the value of the services paid for. 8.6 The Company shall not be: (a) required to pay any amount to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges Service Provider A in accordance connection with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES Services except for the Fees, VAT and recall any amounts paid by the Service Provider A as paying agent only in accordance with clause 8.5, in each case invoiced in accordance with this clause 8; or (b) responsible for the payment of any amount in respect of the Services which were not provided in accordance with this Agreement, or which were only required due to the Service Provider A’s negligent or deficient provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmissionthe Services.

Appears in 1 contract

Samples: Agreement for the Provision of Chartering Brokerage and Other Services (Costamare Inc.)

Invoicing and Payment. 12.1 In consideration The SELLER shall invoice and collect from the BUYER the cost of the due performance crude sold, as provided for herein, in his Accounts Payable offices in Bogotá, within the first ten (10) business days of SERVICES supplied on rental or hirethe month following the crude delivery(ies) to the BUYER. Within the first six (6) business days of the month following the deliveries, VERIPOS shall, the BUYER shall provide to the SELLER the information it requires to issue the corresponding invoice. Invoices must be filed at the end of each calendar month or on completion Accounts Payable offices of the rental TERM or hire TERM where earlierBUYER in Bogotá and its valid submittal date for payment shall be that set out as receipt at the Accounts Payable office of the BUYER in Bogota. Invoicing shall be made based on net volumes, submit an water and sediment-free, corrected at sixty (60) Fahrenheit degrees, received at the Point(s) of Delivery. For invoice approval, they must be submitted in the official forms of Chart No. 4 and/or Form No. 9SH of the Ministry of Mines and Energy. In the event that the Ministry of Mines and Energy fails to deliver the signed Charts No. 4 and /or Form No. 9SH corresponding to the CLIENT month being invoiced, Charts No. 4 and/ or Form No. 9SH submitted to the Ministry of Mines and Energy pending signature shall be temporarily accepted, but every quarter, the VENDOR shall submit to the BUYER a copy of Charts No. 4 and /or Form No. 9SH of the immediately previous quarter, duly completed and signed by the Ministry of Mines and Energy. Taking into account the foreign currency payment authorization set out in Article 51 of External Resolution No. 8 of 2000 of the Board of Directors of the Central Bank, which provides that domestically-produced crude oil and natural gas purchase-sales made by the BUYER and other entities devoted to the oil refining industrial activity can be paid in foreign currency, the invoicing that the SELLER issues for the SERVICES provided. 12.2 Notwithstanding supply of crude to the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will BUYER may be invoiced as a single lump sum at the start made in dollars of the TERM. 12.3 United States of America. In respect of PURCHASE EQUIPMENT procured by CLIENTevery case, VERIPOS payment shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges be made 100% in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT dollars and shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within be made thirty (30) calendar days following the submittal of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOSinvoices duly completed, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoingprior legal withholdings, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoicesapplicable. The amount of interest payable SELLER shall be based on notify the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) BUYER in advance and shall be calculated pro rata on a daily basis. Interest shall run from in writing the date on which bank account where the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual respective payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Purchase Agreement (Gran Tierra Energy Inc.)

Invoicing and Payment. 12.1 In consideration The Supplier shall invoice the Customer on a Supply Point basis provided that the Customer may elect by notice to the Supplier to receive, and if it so elects the Supplier shall provide, invoices on an aggregate Supply Point basis. Each Month, the Supplier shall invoice the Customer for Supply during the previous Month in the format and by the payment method prescribed in Part 1. If the invoice is to be provided to the Customer: in hard copy, the Supplier shall use all reasonable endeavours to provide the Customer with the invoice by the [tenth (10th)] Working Day of the due performance Month immediately following the Supply Month; or electronically, the Supplier shall use all reasonable endeavours to provide the Customer with the invoice by the [ninth (9th)] Working Day of SERVICES supplied the Month immediately following the Supply Month, and any delay in receipt of an invoice by the Customer shall extend the Payment Terms by a number of days equivalent to the delay in receipt of such invoice. The Customer may at any time change the format in which it receives invoices by providing written notice to the Supplier, provided that the new format must be one or more of the following formats: hard copy; e-billing; EDI; or such other format as the Parties may agree. The Customer may at any time request that the Supplier send an invoice or a copy of an invoice to an address that is different to the address identified in the Managed Registration Information provided that the address on rental the invoice remains the address of the Customer. The Customer may, prior to the beginning of each Supply Year, change the method by which it pays an invoice by providing written notice to the Supplier which shall apply throughout that Supply Year, provided that the new payment method must be one of the following formats: direct debit; BACS; or hireGPC Card. If the Customer makes no election, VERIPOS shall, at the payment method shall be by BACS transfer. Any change of payment method notified by the Customer to the Supplier in accordance with Clause 9.6 shall take effect from the commencement of the relevant Supply Year and continue for the Term unless otherwise notified by the Customer in accordance with Clause 9.6. If: the Customer is the Responsible Party the Supplier shall (subject to Clauses 9.10 and 9.11) use Meter readings provided by the Customer or Metering Agent to calculate the amount of an invoice. If the Customer’s Meter reading is received by the Supplier by the [2nd] Working Day following the end of each calendar month the Supply Month, then the Supplier shall use the Customer’s Meter reading to calculate the invoice for that Supply Month. If the Customer’s Meter reading is received after that time, then the Supplier shall use the Customer’s Meter reading when calculating the invoice for the Supply Month following the Supply Month in which such reading is received. If the Supplier receives Meter readings from both the Customer and a Metering Agent, the Supplier shall use the Metering Agent’s Meter reading when calculating the amount of an invoice in accordance with this Clause 9.9; or the Supplier is the Responsible Party the Supplier shall use Meter readings obtained by or on completion behalf of it to calculate the amount of an invoice. If the Customer is the Responsible Party and the Customer, or Metering Agent, does not provide Meter readings to the Supplier for a Supply Month, the Supplier shall use the consumption data recorded by the Meters under Clause 7.19. If the Customer is the Responsible Party and a Metering Agent’s Meter reading, Customer’s Meter reading or actual consumption data is not available, or if the accuracy of a Meter or Meters is disputed, the Supplier shall prepare the invoice or any part thereof using the Supplier’s reasonable estimate of the rental TERM Supply based on historical consumption data and all other relevant information in accordance with Good Industry Practice. If the Customer is the Responsible Party, and an invoice has been prepared under Clause 9.11, when actual data is received by the Supplier in respect of the relevant period, any invoices delivered under this Agreement in respect of such period shall be adjusted and any amounts underpaid or hire TERM where earlieroverpaid as a consequence shall be paid or refunded between the Parties as the case may be. Each Month the Supplier shall send the Customer the invoice showing and/or providing the Charges due from the Customer for the Supply taken at the Site during the relevant Supply Month comprising: the Invoice Amount; any VAT or other taxes, submit including CCL, customarily to be paid or reimbursed by the Customer; any adjustments required under this Agreement or the Framework Agreement; any reductions or exemptions to the CCL for which the Customer may qualify or any other exemptions or reductions the Customer may be entitled to or qualify for under the Act, the Licence, any legislation or regulation or any relevant Industry Documents or practices in relation to any characteristics of the Supply or the Customer’s consumption behaviour, or any change thereof, provided that the Customer has submitted to the Supplier all necessary evidence, relief certificates or information thereof; any discount offered by the Supplier and available to the Customer under this Agreement, including for prompt payment of sums due; and any other information or data as may be specified in Part 1 as required from the Supplier. Subject to Clause 9.16, each invoice shall be paid by the Customer in accordance with the Payment Terms. No payment is deemed to be received by the Supplier until it is available as cleared funds in the Supplier’s account (providing in the case of cheques that the Supplier shall promptly present such cheques to its bank). Failure to pay any valid invoice, or part of an invoice, that is not the subject of a dispute in accordance with the Payment Terms shall entitle the Supplier to require the Customer to pay interest to the Supplier on the sum overdue. Such interest shall accrue at three per cent (3%) above LIBOR, from time to time, as compounded annually from the date such sum first became due until the date received (as cleared funds) by the Supplier. The Customer agrees that, notwithstanding any provisions herein or in the Framework Agreement or the Customer Access Agreement, the Supplier shall be entitled to require payment directly from the Customer. If the Customer does not agree with the amount of an invoice provided pursuant to this Clause 9.16, the Customer shall notify the Supplier in writing giving reasonable particulars of the fact within [ten (10)] Working Days of receipt of such invoice or otherwise as soon as reasonably practicable once the issue giving rise to the dispute comes to the Customer’s attention. The Customer shall only withhold payment of the amount of the invoice that is disputed (the “Disputed Payment”). The Parties agree and acknowledge that a Disputed Payment shall be a Complaint and the Supplier shall resolve the Disputed Payment in accordance with the Complaint resolution process in Clauses Error: Reference source not found to Error: Reference source not found. If, as part of the resolution of a Complaint in accordance with that process, the Supplier re-issues an invoice to the CLIENT Customer, the Customer shall: if the re-issued invoice is received by the Customer no less than [ten (10)] Days prior to the due date of the Original Invoice, pay the outstanding amount of the re-issued invoice by the date specified in the Original Invoice; or if the re-issued invoice is received by the Customer less than [ten (10)] Days prior to the due date of the Original Invoice, pay the outstanding amount of the re-issued invoice within such period as applied pursuant to the Payment Terms after the Customer’s receipt of the re-issued invoice from the Supplier, and the re-issued invoice may only require the Customer to pay the outstanding amount. Any non-regular payment under this Agreement shall be by GPC Card, BACS (or equivalent instantaneous transfer of funds) to the Party to whom it is due at the bank and to the credit of the account specified in Part 1, or such other account as the receiving Party may notify to the other in writing no later than [five (5) Days] before the relevant payment is due. All bank charges shall be for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start account of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS Party making the payment. The Supplier shall upon completion of delivery of PURCHASE EQUIPMENT only be entitled to vary the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges Charges in accordance with the applicable rates specified in Framework Agreement. With effect from the PROPOSAL, or where no PROPOSAL has been issued, date (if any) that the United Kingdom adopts the Euro as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the its lawful currency in substitution for Sterling (the “Euro Effective Date”): amounts which the rates and prices are expressed would otherwise have been invoiced in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS Sterling shall be entitled converted from Sterling to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) Euro and shall be calculated pro rata on a daily basis. Interest shall run from stated in the date on which the sum invoice in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of Euro; payment of all amounts falling due under this Framework Agreement on or after the invoice to which the interest relates. Payment of the invoice claiming the interest Euro Effective Date shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email the payer to the relevant Euro account of the recipient in Euro as notified between the Parties; no amounts falling due after the Euro Effective Date, which would have been payable in Sterling under this Framework Agreement but for the adoption of the Euro by the United Kingdom as its lawful currency, shall be made in Sterling or facsimile transmissionother national currency units; and conversions between Sterling and Euro will be at the fixed conversion rate provided for by English law.

Appears in 1 contract

Samples: Framework Agreement for the Supply of Electricity and Ancillary Services

Invoicing and Payment. 12.1 In consideration of the due performance of SERVICES supplied on rental or hire, VERIPOS shall, at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, 4.1 Contractor shall submit an invoice final invoices to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges PNM in accordance with this Article 4. Each final invoice shall reference this Contract number, and the applicable rates specified in the PROPOSALITA number, or where no PROPOSAL has been issuedshall contain such documentation as PNM may require, as advised separately by VERIPOS in writingand shall be mailed to Ms. Xxxxx Xxxxx, PNM, 600 X. Xxx Xx. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSALXxxxxxxxxx, XX 00000. Payment of each invoice is due within thirty (30) calendar days of date of its receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOSby PNM; provided, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoinghowever, if PNM objects to all or any part portion thereof, it shall so notify Contractor of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and same within ten (10) working days of payment after receipt, and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to which settle the interest relates. Payment of the invoice claiming the interest shall be disputed portion in accordance with the provisions clause of CLAUSE 12.4 hereofthis Contract entitled "Disputes." 4.2 Contractor shall submit invoices to PNM per pit location and per landfarm location after final acceptance of the Work for each pit which shall reference this Contract, the applicable ITA number and the pit location name. A draft invoice shall be prepared and submitted to the PNM Field Coordinator authorizing the subject Work. Upon approval of the draft invoice, a final invoice shall be prepared and submitted to PNM. All appropriate back-up documentation, including but not be limited to time sheets, subcontractor invoices, and procurement invoices, shall be included with both the draft invoice and final invoice. Contractor invoices shall be modeled after the sample invoice provided as attachment B. Notwithstanding approval of a draft or final invoice by the PNM Field Coordinator, PNM shall have the right thereafter to object to all or any portion of the invoice in accordance with Section 4.1 herein and/or Clause 22 of General Provisions for Construction Contracts, March 1998 attached. 12.6 Notwithstanding the provisions 4.3 On a monthly basis, Contractor shall provide to PNM Project Manager and Field Manager an accounting on all pits remediated and closed to date with a detail of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, all Contractor charges per pit and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such actionper landfarm. Such notice This spread sheet may be made by email or facsimile transmissionsubmitted electronically.

Appears in 1 contract

Samples: Contract for Pit Remediation (Industrial Ecosystems Inc)

Invoicing and Payment. 12.1 In consideration of Within 45 days after the due performance of SERVICES supplied on rental or hire, VERIPOS shall, at the end last day of each calendar month or on completion of for a specific campaign, Avenue A will pay Supplier for Ads actually delivered by Supplier during the rental TERM or hire TERM where earlierapplicable calendar month, submit an invoice subject to the CLIENT applicable Order’s specifications, terms and conditions. Supplier shall ensure that invoices display Advertiser’s name, Buy Authorization number, and the time period being billed. Supplier shall send separate invoices for the SERVICES provided. 12.2 Notwithstanding the foregoingdeliveries falling within different calendar months. Invoices shall be based on actual delivery amounts, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, not contracted numbers. All invoices received by the CLIENT, Avenue A will be invoiced as a single lump sum at considered final and correct after 45 days of receipt unless Avenue A disputes the start accuracy of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENTan invoice. If Avenue A disputes an invoice, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT Avenue A shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice that is validly disputed, CLIENT undisputed. The disputed part of the invoice shall be negotiated between the parties until agreement reached and Avenue A shall then pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement agreed upon price of the disputed portion. 12.5 Interest amount. Further, any invoices not submitted to Avenue A within 5 months from the last day of the calendar month for the specific campaign shall become void, and Avenue A’s obligation to pay such invoice shall be payable for late payment extinguished. Supplier acknowledges that Avenue A bills its Advertisers, and pays its Suppliers, based on actual delivery. Supplier shall deliver invoices to: Media Accounts Payable, Avenue A, 000 Xxxxxx Xxxxxx, Xxxxxxx, XX 00000; or Accounts Payable, Avenue A/NYC, 000 Xxxxxxxxx Xxxxxx, Xxxxx Xxxxx, Xxx Xxxx, XX 00000, depending on the firm with which Supplier originally contracted. Supplier’s delivery of correctly prepared and adequately supported invoices. The amount of interest payable the first Ad as Specified in an Order shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment deemed Supplier’s acceptance of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereofOrder’s specifications, terms and conditions, including payment rates. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: General Terms Agreement (Claria Corp)

Invoicing and Payment. 12.1 In consideration A. For services satisfactorily rendered, and upon receipt and approval of the due performance of SERVICES supplied on rental or hireinvoice(s), VERIPOS shall, at the end of each calendar month or on completion of State agrees to compensate the rental TERM or hire TERM where earlier, submit an invoice to the CLIENT Contractor for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges actual expenditures incurred in accordance with the applicable rates specified in the PROPOSALherein, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writingwhich is attached hereto and made a part of this Agreement. 12.4 B. The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS Contractor shall be entitled to invoice CLIENT for such amount(s)paid in arrears, upon submission of an original and two copies of the invoice, which properly details all charges, expenses, direct and indirect costs. Notwithstanding the foregoing, if any part Invoices shall be submitted to: Contract Manager: Region / Division: Address: C. The original and one (1) approved copy of the invoice is validly disputedwill be forwarded to the Department of Fish and Game’s Accounting Claims Section by the Contract Manager. Payment of any invoice will be made only after receipt of a complete, CLIENT shall pay supported, documented and accurately addressed invoice. Failure to use the undisputed portion within address exactly as provided above may result in the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment return of the invoice to the Contractor. All invoices must be approved by the Contract Manager. <Remove Withholding Language if not Applicable> D. Payments made prior to satisfactory completion of all work required by the Agreement shall not exceed, in the aggregate, ninety percent (90%) of the total earned with the balance to be paid upon satisfactory completion of the task or Agreement, and provided further, that the Department of Fish and Game shall retain from the Contractor’s earnings for each period for which payment is made, an amount equal to ten percent (10%) of such earnings, pending satisfactory completion of the interest relatestask or Agreement. E. The invoice shall contain the following information: 1. Payment The word “Invoice” should appear in a prominent location at the top of the page(s); 2. Printed name of the Contractor; 3. Business address of the Contractor including P.O. Box, City, State, and Zip Code; 4. Name of the Region/Division of the Department of Fish and Game being billed; 5. The date of the invoice claiming and the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof.time period covered; 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision 6. The number of the SIGNAL SERVICES agreement upon which the claim is based, and; EXHIBIT B – BUDGET DETAIL AND PAYMENT PROVISIONS <Insert Contractor Name> 7. An itemized account of the services for which the Department of Fish and recall Game is being billed. Include all of the provision following: a. The time period covered by the invoice, i.e., the term “from” and “to”; b. A description of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice the services performed; c. The method of such actioncomputing the amount due based on a line item budget/cost reimbursement method. Such notice may Payments will be made by email the State to the Contractor, in arrears, upon receipt of an itemized invoice showing the time period covered and the work items accomplished. The invoice must be itemized using the categories and following the format of the attached budget. d. The total amount due. This should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or facsimile transmissioncomputations appearing on the invoice; the total amount due shall include all costs incurred by the Contractor under the terms of this agreement; and e. The original signature of the Contractor (not required of established firms or entities using preprinted letterhead invoices).

Appears in 1 contract

Samples: Standard Agreement

Invoicing and Payment. 12.1 In consideration of Supplier agrees to submit detailed, itemized invoices that clearly outline labour and material cost breakdown, the due performance of SERVICES supplied on rental or hirework location, VERIPOS shall, at the end of each calendar month or on completion of correct P.O. number and any other information required in the rental TERM or hire TERM where earlier, submit an invoice Specific Conditions after the Work has been completed. Any applicable taxes that are to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, be collected by the CLIENT, will Supplier shall be invoiced as a single lump sum at stated separately on the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS invoice. Invoices shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, be submitted within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part completion of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared Work and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent absolutely no later than one hundred and twenty (5%120) and shall be calculated pro rata on a daily basis. Interest shall run from days after the date on which the sum Work was completed. The Supplier acknowledges and agrees that the submittal of the Supplier’s invoice within 120 days of completion of the applicable Work is a pre-condition to payment by PROTRANS BC for the Work detailed in question becomes due each invoice. If the Supplier fails to submit a given invoice within 120 days of completion as required by this Xxxxxxx 00, XXXXXXXX XX shall not be under any obligation to pay the Supplier for the Work detailed in the late-submitted invoice, and the Supplier will be barred from making any further claim against PROTRANS BC or, for certainty its Client, for payment for the work detailed in accordance with CLAUSE 12.4 the late-submitted invoice. Upon satisfactory completion of the Work, and conditional upon the Client first paying PROTRANS BC in respect of the Work, PROTRANS BC shall pay the amount due within thirty (30) days following receipt of a correctly presented invoice from Supplier. For clarity, in the event that Client fails or refuses for any reason to pay PROTRANS BC in respect of the Work or where Supplier has not invoiced PROTRANS BC within one hundred and twenty (120) days of the Work being performed, PROTRANS BC will not be required to make a corresponding payment to the Supplier, until it is received from the Client. Further, in the event that PROTRANS BC determines that Supplier’s invoice is not correct, the Work was not satisfactorily rendered or if the invoiced amount is disputed, PROTRANS BC shall notify Supplier and may reject the invoice and withhold payment until the date on which actual payment is madeissue has been resolved. Any such interest to be claimed by VERIPOS Payment shall be invoiced separately and within ten (10) working days of payment not constitute PROTRANS BC’s acceptance of the invoice Work nor impair PROTRANS BC’s right to which inspect or audit the interest relates. Payment Work or exercise any of its remedies, including its right to recover back from Supplier any amount already paid for the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereofWork. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Order Agreement

Invoicing and Payment. 12.1 In consideration of 7.1 Each Party receiving traffic from the due performance of SERVICES supplied on rental or hireother shall provide the other Party, VERIPOS shalleach fifteen (15) days, an invoice detailing, at the end minimum, the following information: per each destination - sub-total number of minutes received and terminated during the relevant service period and the applicable rate per minute and the sub-total charges for each calendar month or on completion destination, the total number of minutes terminated during the relevant service period and the total charges due to the receiving Party for the relevant service period. 7.2 All payments for the services provided shall be made as follows: a) The provider will send to the Customer by e-mail an invoice of the rental TERM or hire TERM where earlier, submit an invoice Services provided within the period b) The Customer shall pay for the Services provided not later than fifteen (15) calendar days following receipt of the invoice. c) The Customer shall make the payment to the CLIENT for provider’s bank account, detailed on the SERVICES providedinvoice, and shall send to the provider, by facsimile, a copy of the payment order with an appropriate mxxx of the Customer’s bank certifying the payment has been effected. 12.2 Notwithstanding d) When effecting payments against the foregoingprovider’s invoices, hire of SIGNAL, which is the subject of a twelve (12Customer shall make reference to the relevant provider invoice number in its bank payment order. e) calendar month commitment, The invoices will be in US $ dollars and shall be paid by the CLIENTCustomer in US $ dollars. f) The date of payment by the Customer against the provider invoices includes the day of money deposited into the provider’s bank account. 7.3 Each Party shall pay at its country of residence any applicable taxes, will be invoiced as a single lump sum at fees, duties, levies and other similar charges (and any related interest and penalties) relating to the start sale, transfer of ownership, installation, license, use or provision of the TERMservice (“Government Charges”). 12.3 7.4 In respect the event that either Party disputes the amount of PURCHASE EQUIPMENT procured any invoice delivered by CLIENTthe other Party under this Agreement, VERIPOS that Party (“the disputing party”) shall upon completion of delivery of PURCHASE EQUIPMENT use its reasonable endeavors to issue a notice in writing (such writing is hereinafter called a “Bxxx Dispute Notice”) setting out its objection to the DELIVERY POINT, submit an disputed invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of the said invoice or Service Credit request. Such notice shall contain the following information: date and number of disputed invoice. Where bank charges occur ; amount in dispute; reason for dispute; and supporting documentation as appropriate. 7.5 Following service of a result of any payment transfer from CLIENT Bxxx Dispute Notice, the Parties shall use reasonable endeavors to VERIPOS, said bank charges will be for resolve the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part dispute within thirty (30) days of the receipt by the Receiving Party of the Bxxx Dispute Notice. While investigating such dispute, each party will provide the other party CDR (call detail records) for all the service period. The CDR's must include the following information: Time of the call, Calling party number (A number), Called party number (B number), originating IP address, terminating IP address, tech-prefix (if applicable), duration (in seconds). 7.6 In the absence of resolution of the dispute within sixty (60) days, either Party may exercise its rights under this agreement, provided however that the Party disputing the invoice is validly disputed, CLIENT or payment of Service Credits shall still be responsible to pay the undisputed portion within the stated time scaleamount due under such invoice. Thereafter the PARTIES shall expeditiously negotiate a settlement Any disputed amount that is less than one and half percent (1.5%) of the disputed portiontotal amount of the relevant invoice shall not be considered as a legit dispute. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS 7.7 Each Party reserves the right at to set off any sums owing under this Agreement against any sums due and owing by the other Party under this Agreement or otherwise. 7.8 The Receiving Party shall not be excused from its sole discretionobligations to pay the Providing Party for the Services invoiced pursuant to this Agreement based on a claim that fraudulent calls comprise, to suspend the provision or may comprise, a portion of the SIGNAL SERVICES and recall invoiced Services. In no case shall fraudulent calls form the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmissionbasis for disputing an invoice pursuant to this Agreement.

Appears in 1 contract

Samples: Reciprocal Service Agreement (VGTel, Inc.)

Invoicing and Payment. 12.1 3.4.1. In consideration respect of the due performance of SERVICES supplied on rental or hireeach Transaction, VERIPOS shallTransporter shall deliver electronically (and shall also forward an original (hard copy) to Shipper, at as soon as reasonably practicable following the end of each calendar month or on completion of Fortnight, starting from the rental TERM or hire TERM where earlierFortnight in which the Start Date for such Transaction falls, submit an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for each Fortnight setting forth the full purchase price plus amount to be paid by Shipper to Transporter in respect of each such Fortnight (a “Fortnightly Invoice”), which amount shall be the sum total of Parking Charges, Taxes and any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writingInterest and any other amount for such Fortnight. 12.4 The CLIENT 3.4.2. Shipper shall pay all invoices issued to Transporter the amounts in full set out in such Fortnightly Invoice by VERIPOS in full, in not later than the currency in which date (the rates and prices are expressed in “Due Date”) that is four (4) Business Days after the PROPOSAL, within thirty earlier to occur of the following: (30a) calendar days of the date of receipt of the Fortnightly Invoice delivered electronically; and (b) the date of the receipt of the original hard copy of the Fortnightly Invoice. 3.4.3. For the avoidance of doubt, electronic delivery of Fortnightly Invoices includes delivery via fax, e-mail and the web hosting of such invoices on Transporter’s website and such electronically delivered Fortnightly Invoices shall carry a facsimile signature or a digital signature. If Fortnightly Invoices are delivered via web hosting, Transporter shall notify Shipper contemporaneously via e-mail about such web hosting. 3.4.4. If Shipper fails to make payment by the Due Date of an amount stated in the Fortnightly Invoice, it shall constitute an Event of Default and further Shipper shall be obligated to pay Interest on such outstanding amount as calculated from the Due Date. 3.4.5. If Shipper disagrees on the amount set forth as owing under a Fortnightly Invoice, Shipper shall (except in the case of manifest error or fraud) make provisional payment of the full amount stated in the invoice and shall as soon as reasonably practicable give notice to Transporter of the disagreement and the reasons for such disagreement. 3.4.6. An invoice may be contested by Shipper only if within a period of ninety (90) days after its delivery; Shipper serves notice to Transporter questioning the correctness of the invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOSIf notice is not served within that period, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall deemed to be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) correct and shall be calculated pro rata on a daily basisaccepted by Shipper for all purposes. 3.4.7. Interest shall run from In the date on which absence of an agreement regarding any invoice that is timely and properly contested by Shipper pursuant to this Clause 3.4 any Party may refer the sum in question becomes due matter for payment arbitration in accordance with CLAUSE 12.4 until the date on which actual payment is madeClause 20. 3.4.8. Any such interest to be claimed Upon resolution of any contested invoice (whether by VERIPOS mutual agreement or arbitration), any necessary correction and consequent adjustment shall be invoiced separately and made within ten seven (107) working days of payment Business Days after agreement or determination of the invoice correct amount, and 3.4.9. If the relevant Party fails to which make such correcting payment to the interest relates. Payment of other Party within the invoice claiming aforesaid seven (7) days period, Interest shall accrue on the interest shall be in accordance with unpaid amount from the provisions of CLAUSE 12.4 hereofday immediately following such seven (7) days period. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Parking Service Agreement

Invoicing and Payment. 12.1 In consideration of (a) The Consultant will issue invoices as set out in the due performance of SERVICES supplied on rental payment schedule, if applicable, or hire, VERIPOS shall, at the end of each calendar month or on monthly. All invoices will be issued no later than 90 days after completion of the rental TERM or hire TERM where earlierServices and the Consultant is deemed to have waived all charges and fees not invoiced within such 90 days. All invoices delivered by the Consultant must meet CNL’s requirements, submit an invoice and at a minimum provide: (i) The applicable Purchase Order number; (ii) Description of the Services performed, including reference to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges applicable Purchase Order line item and dollar amount in accordance with the applicable rates specified Purchase Order line item value(s); (iii) any taxes payable by CNL, shown as separate items; and (iv) the Consultant’s GST Registration Number. (b) All invoices and supporting documentation must be sent via email to xxxxxxxx@xxx.xx as a PDF attachment. All emails must contain the Purchase Order number and invoice number(s) in the PROPOSALsubject line of the email, or where no PROPOSAL has been issued, as advised separately with each attached PDF named by VERIPOS in writingPurchase Order number and invoice number(s). 12.4 The CLIENT shall pay (c) Multiple invoices in one PDF will be accepted provided all the invoices issued are associated with the same Purchase Order number. PDF's including invoices belonging to multiple Purchase Order numbers may be returned and not processed for payment. (d) General enquiries regarding invoicing may be sent to: xxxxxxxx@xxx.xx or by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, telephone at: 000-000 0000 (e) Undisputed invoices will be payable within thirty (30) calendar days of following the date of CNL’s receipt of a complete invoice. Where bank charges occur as a result Each invoice will be subject to verification by CNL. CNL shall have the right to withhold payments due to the Consultant hereunder and apply same to the payment of any payment transfer from CLIENT obligations of the Consultant to VERIPOSCNL. Such withholding of disputed amounts shall not be deemed a breach of this Contract nor shall any interest be charged on such amounts. (f) CNL will provide the Consultant with Notice of any disputed invoice, said bank charges will be or portion thereof, which shall indicate the amount withheld and the reason for the CLIENT’S account and VERIPOS withholding payment. Any undisputed portion of an invoice shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment paid in accordance with CLAUSE 12.4 until subsection (e) above. The Parties will negotiate in good faith and discuss any disputed amount. The Parties agree that the date on which actual payment is made. Any such interest to Consultant may be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be paid in accordance with any further written agreement between the provisions Parties regarding the amount to be paid in satisfaction of CLAUSE 12.4 hereofthe Consultant’s claim. The payment of any invoice shall not prejudice CNL’s right to dispute such invoice. 12.6 Notwithstanding (g) Final payment to the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite Consultant shall not relieve the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision Consultant of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email its obligations or facsimile transmissionliabilities under this Contract.

Appears in 1 contract

Samples: Consulting Agreement

Invoicing and Payment. 12.1 In consideration (i) Seller shall read the meters or cause the meters to be read as soon as practicable after the last day of the due performance of SERVICES supplied on rental or hire, VERIPOS shall, at the end of each previous calendar month and shall invoice Buyer based on such readings for the total Net Energy delivered for the previous calendar month. (ii) Buyer’s payment to Seller for the total Net Energy received shall be paid by electronic funds transfer by the twentieth (20th) day following Xxxxx’s receipt of Seller’s invoice. If such date falls on a weekend or legal holiday, the due date shall be the next Business Day. (iii) Payments made after the due date shall be considered late and shall bear interest on completion the unpaid balance at a rate equal to an annual rate of two percent (2%) calculated daily plus the average daily prime rate as determined from the “Money Rates” section of the rental TERM Midwest Edition of the Wall Street Journal, for the days of the late payment period multiplied by the number of days elapsed from and including the due date, to but excluding the payment date. In the event this index is discontinued, or hire TERM where earlierits basis is substantially modified, submit the Parties shall agree on a substitute equivalent index. (iv) Buyer may, in good faith, dispute the correctness of any invoice or any adjustment to an invoice to the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a rendered under this Agreement within twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start months of the TERM. 12.3 In respect date of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in fullinvoice. If Xxxxx, in good faith, disputes the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result amount of any payment transfer from CLIENT to VERIPOSinvoice, said bank charges will be for the CLIENT’S account and VERIPOS Buyer shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part promptly notify Seller in writing of the invoice is validly disputed, CLIENT disputed amount and the reason therefor and shall pay the undisputed portion within the stated time scaleamount of such invoice. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest All invoices shall be payable for late payment conclusively presumed to be true and correct after twelve (12) months of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 invoice is sent, except that, if Buyer has disputed the invoice within that period, Xxxxx’s rights shall continue as to that invoice until the date on which actual payment dispute is maderesolved. Any such interest to be claimed by VERIPOS billing disputes shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be settled in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being Article X. Payments (or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same refunds) determined to be made), then VERIPOS reserves due by one Party to the right at its sole discretion, to suspend the provision other shall be made within five (5) Business Days of the SIGNAL SERVICES and recall conclusion of the provision of any EQUIPMENTdispute resolution, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmissionwith interest as provided for in Section 3.5(iii).

Appears in 1 contract

Samples: Renewable Power Purchase Agreement

Invoicing and Payment. 12.1 In consideration (a) Within seven (7) Business Days following the end of each calendar month, Generator shall submit to Producer an invoice setting forth the License and Services Fee for such month along with any reimbursable expenses for Services provided under Article XI. Producer shall make payment of any undisputed amount due performance by electronic transfer in United States funds in accordance with Section 19.22 by the later of SERVICES supplied on rental or hire, VERIPOS shall, at (i) fifteen (15) Business Days following the end of each calendar month and (ii) ten (10) Business Days after receipt of that invoice. (b) Invoices shall be mailed, emailed or on completion of the rental TERM or hire TERM where earlier, submit an invoice sent by facsimile to the CLIENT for the SERVICES provided.Person listed below, or such other Person or address as may be specified by Producer: Attention: Xxxx Xxxxxx Trimble Clean Fuels, LLC c/o Tinuum Group, LLC 0000 XXX Xxxxxxx, Xxxxx 000 Xxxxxxxxx Xxxxxxx, XX 00000 Email: xxxxxxx@xxxxxxxxxxx.xxx Facsimile: (000) 000-0000 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12c) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In With respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with payment not paid on the applicable rates specified in the PROPOSALdue date, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT interest shall pay all invoices issued by VERIPOS in fullaccrue on that amount (including, in the currency in which case of a disputed amount, to the rates extent it is ultimately determined to be owing under this Agreement) at the Late Payment Rate (compounded annually) from and prices are expressed in including the PROPOSAL, within thirty (30) calendar days of original due date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from but excluding the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual such payment is made. Any In the event either Party disputes the amount of, or the obligation to pay, any sum due from it hereunder, that Party shall nonetheless pay to the other Party the full amount of any undisputed portion of such interest sum. (d) All payments to be claimed by VERIPOS made under this Agreement shall be invoiced separately made on a Business Day. If the day specified for payment is not a Business Day, such payment shall be made on the next succeeding day which is a Business Day. (e) If Producer, in good faith, disputes any portion of an invoice on or before the payment date therefor, Producer shall, on or before the applicable payment date with respect to such invoice, provide Generator with a statement setting forth in reasonable detail all amounts disputed by Producer and within ten (10) working days the reason for the dispute and pay only the portion of payment such invoice not being disputed; provided, however, that, for purposes of clarification and not limitation, each of the invoice Parties acknowledges and agrees that neither the making of any payment under this Agreement nor the failure to which dispute any payment made under this Agreement shall preclude either Party from disputing the interest relatesamount, accuracy, validity or other aspect of such payment in the future. Payment of In the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue event of a reminder by VERIPOS for payment of same to be made)dispute regarding any invoice or payment, then VERIPOS reserves each Party (and its representatives) shall have the right to request, at its sole discretionexpense and during normal business hours (but not more than once every six (6) months) and subject to Section 19.1, documentation supporting the invoice or payment, and the other Party shall provide such documentation but only to suspend the provision extent reasonably necessary to verify such invoice or payment. Generator shall not be required to provide any coal supply, transportation, fuel oil hedging or related agreements as part of its verification responsibility under this Section 10.2. If any such examination reveals any inaccuracy in any invoice or payment, or if the relevant dispute is finally resolved by agreement of the SIGNAL SERVICES and recall Parties or by litigation or other proceedings, the provision necessary adjustments in such invoice or payment will be promptly made. The due date for any amount in dispute or otherwise adjusted after its original due date shall be the fifth day after the owing Party receives an invoice reflecting the amount or adjustment agreed upon by the Parties or otherwise resolved as contemplated above. Neither Party may initiate a dispute after the two (2) year anniversary of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice the expiration or termination of such action. Such notice may be made by email or facsimile transmissionthis Agreement.

Appears in 1 contract

Samples: License and Services Agreement

Invoicing and Payment. 12.1 In consideration (a) The Customer shall pay Fees and other amounts due under this Agreement when those payments are due, subject to the Customer’s right to withhold disputed amounts up to the Disputed Charges Cap. The Customer shall have the right to set off, without limitation, against amounts owed by the Customer under this Agreement any amount the Service Provider is obligated to pay or credit to the Customer under this Agreement; provided such amounts are not in dispute and subject to the process set forth in Section 9.8. The Customer may also withhold payment of particular Fees that the Customer disputes in good faith; provided, however, that at no time during the Term shall the total amount of Fees withheld by Customer pursuant to this Section 9.2(a) exceed, in the aggregate, the Disputed Charges Cap. The payment by the Customer of Fees due under any invoice shall not, in any way, indicate the Customer’s agreement with the legitimacy of such Fees or waive the Customer’s right to subsequently dispute such Fees in good faith and to withhold disputed amounts from a subsequent invoice up to the Disputed Charges Cap. (b) The Service Provider shall render a single consolidated invoice for the Fees incurred in each month. Each invoice shall be in the form set forth in Schedule 4.4, the “Form of Invoice & Supporting Data” Schedule, to Exhibit 4, the “Pricing, Invoicing & Payment” Exhibit, and shall show such details as reasonably specified by the Customer, including: (i) The calculations utilized to establish the Fees. (ii) Identification of all Managed Third Party Expenses for the month to which the invoice corresponds. (iii) Identification of the due performance amounts of SERVICES supplied on rental or hireany taxes the Service Provider is collecting from the Customer. (iv) Such other details and billing information as is necessary and produced by the Customer as of the Effective Date to satisfy the Customer’s internal accounting, VERIPOS shallcharge back requirements billing, at including as necessary to allow the Customer to accurately allocate the Fees by legal entity, business unit, department, Service Tower, employee, project and Resource Unit. (c) The Service Provider shall invoice the Customer for the monthly portion of the Annual Services Charge by the tenth (10th) of the month in which the Services are received and the Customer shall pay such charges by the end of each calendar month or on completion such month. The Service Provider shall also separately invoice the Customer for any variable charges incurred by the tenth (10th) of the rental TERM or hire TERM where earlier, submit an invoice to month following the CLIENT for the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates Services are performed and prices received and the Customer shall pay such charges by the end of such month. (d) The Service Provider shall not invoice the Customer, and the Customer shall not be obligated to pay, any Fees that are expressed not properly invoiced within six (6) months after the end of the month to which such Fees correspond. (e) For any Fees, charges, credits (including Service Credits) or other amounts payable by one Party to the other pursuant to this Agreement that are not in the PROPOSAL, within dispute and that remain unpaid for more than thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT after their due date, the Party owing the applicable amount agrees to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank amount due at a rate of England ‘Base Rate’ plus an annual percentage of five percent 1% per month. For any Fees, charges, credits (5%including Service Credits) and shall be calculated pro rata on a daily basis. Interest shall run or other amounts payable by one Party to the other pursuant to this Agreement that are in dispute, the party that ultimately is determined to owe such disputed amount, will pay interest from the date on which the sum in question becomes such amount was originally due for payment in accordance with CLAUSE 12.4 until the date on which actual payment disputed amount is made. Any such interest paid at a rate equal to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment the “Prime Rate” in the Money Rates section of the invoice to which Wall Street Journal, as such rate may change during the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereofdispute period. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Business Process and Support Services Agreement (Nisource Inc/De)

Invoicing and Payment. 12.1 In consideration 11.1 The Parties agree that the respective purchase price for the Purchased Items shall be due and fulfilled through the issuance of an invoice in an amount corresponding to ***** for the Purchased Items. Following Delivery of the due performance of SERVICES supplied on rental or hire, VERIPOS shall, at the end of each calendar month or on completion Purchased Items in accordance with Article 6 and receipt of the rental TERM or hire TERM where earlierrespective invoice from FRONTIER as set out in this Article 11 LHT shall complete payments to Frontier within ***** upon conclusion of Delivery of Purchased Items as they are Delivered to LHT and invoiced by FRONTIER. 11.2 For all payments to be made as applicable, submit by LHT in accordance with this Agreement FRONTIER shall issue an invoice to LHT. All invoices in connection with this Agreement shall be raised as collective invoices. All invoices shall be issued duly in advance including all required supporting documents and shall be submitted via fax to +00-00-0000-0000 or shall be sent to the CLIENT for following address: Lufthansa Technik AG Invoice Control HAM XX 0 Xxx xxxx Xxxxx 000 00000 XxxxxxxXxxxxxx 11.3 In case any invoices are sent to an address different from the SERVICES provided. 12.2 Notwithstanding address specified in Article [11.2] above, the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, sums under such invoice shall not become due or payable until such invoice has been received by the CLIENT, will be invoiced as a single lump sum LHT at the start specified address. LHT accepts no liability for non-payment or late payment of any invoice sent to an address other than the TERM.address specified in Article 11.2 above. [LOGO] Lufthansa Technik FRONTIER Airlines 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT11.4 All payments or credits, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINTas applicable, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges in accordance with the applicable rates specified in the PROPOSALthis Agreement shall be made net. FRONTIER and LHT agree that invoicing, payment or where no PROPOSAL has been issued, as advised separately by VERIPOS in writingcrediting shall not be effected via IATA-Clearing House. 12.4 The CLIENT 11.5 LHT shall only pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days undisputed amount of date of receipt of an invoice. Where bank charges occur as a result FRONTIER and LHT shall negotiate in good faith to resolve any disputes regarding any disputed part of any payment transfer from CLIENT invoice. 11.6 If LHT disputes any amount of an invoice such amount nevertheless will remain due and LHT will pay the undisputed amount of the invoice. For any disputed invoice, LHT and Frontier will negotiate in good faith to VERIPOS, said bank charges will be for resolve the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any disputed part of the invoice within reasonable time. 11.7 If Frontier and LHT determine that an invoice needs to be adjusted, Frontier will credit the disputed part of the original invoice and submit a new invoice for the corrected amount respectively. LHT will pay such corrected invoice within either – ***** after the corrected invoice is validly disputed, CLIENT shall pay the undisputed portion received by LHT or – within the stated time scalepayment term as per Article 11.1 above, whichever occurs later. Thereafter Any dispute must be made in writing, stating the PARTIES shall expeditiously negotiate a settlement date and number of the disputed portionconcerned invoice and the reason for LHT’s objection. 12.5 Interest 11.8 All payments shall be payable for late payment effected to FRONTIER by wire transfer to the following bank account of correctly prepared FRONTIER and adequately supported invoices. The amount of interest payable shall be based on the then current annual made in US Dollar: ***** Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereof. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.America SwiftCode: ***** Chips number: ***** Routing number: ***** Account#: ***** Frontier Airlines [LOGO] Lufthansa Technik FRONTIER Airlines

Appears in 1 contract

Samples: Purchase Terms Agreement (Frontier Group Holdings, Inc.)

Invoicing and Payment. 12.1 In consideration of 4.1 Charges will be specified in the due performance of SERVICES supplied on rental or hireOrder Form, VERIPOS shall, at the end of each calendar month or on completion of the rental TERM or hire TERM where earlier, submit an invoice including one-off and recurring Charges as applicable. Tax invoices may be sent by email to the CLIENT for address notified in writing by the SERVICES providedCustomer. The Customer must pay the Charges, plus GST and any other current or future tax, charge or impost applying to the Services or Products within 30 days of receipt of a tax invoice without any set off or deduction. 12.2 Notwithstanding 4.2 Subject to sub-section 4.3, if the foregoingCustomer fails to pay a tax invoice when due, hire of SIGNALthe Supplier may, which is in addition to its other remedies, charge interest (accruing daily) on the subject of a twelve (12) calendar month commitment, by the CLIENT, will be invoiced as a single lump overdue sum at the start rate of 2% per annum above the Westpac Banking Corporation business overdraft rate or the maximum permitted by law from the date the payment was due until payment of the TERMoverdue sum, together with all reasonable costs incurred by the Supplier in recovering the overdue amount, provided the Supplier gives the Customer reasonable notice of its intent to do so. 12.3 In respect 4.3 The Customer may only withhold payment of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion that part of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for that the full purchase price plus any associated delivery, preparation or mobilisation charges Customer disputes in good faith and on reasonable grounds until such dispute has been resolved in accordance with the applicable rates specified in the PROPOSALsection 18, or where no PROPOSAL has been issued, as advised separately by VERIPOS otherwise agreed in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates and prices are expressed in the PROPOSAL, within thirty (30) calendar days of date of receipt of invoice. Where bank charges occur as a result of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account and VERIPOS shall be entitled to invoice CLIENT for such amount(s). Notwithstanding the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement payment may only be withheld provided notice of the disputed portionamount is delivered to the Supplier on or before the due date for the disputed payment. 12.5 Interest shall 4.4 The Supplier may increase the Charges on 30 days’ notice if the prices or inputs payable by the Supplier for obtaining any goods or services required to provide the Services are materially altered as a result of a Government or regulatory action. If the rates charged to the Supplier are altered retrospectively such altered rates may also be payable for late payment of correctly prepared and adequately supported invoicesapplied retrospectively. The amount of interest payable shall be based If, following such alteration, the revised Charges are not acceptable to the Customer, the Customer may terminate the applicable Agreement on 30 days’ Notice to the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run Supplier from the date on which of its receipt of the sum in question becomes due for payment in accordance with CLAUSE 12.4 until notification of the revised Charges. The Customer’s failure to terminate the applicable Agreement pursuant to this sub-section will constitute a deemed acceptance by the Customer of the revised Charges. If the Customer terminates an Agreement under this sub-section during the Minimum Service Period, the Customer must pay the Charges and expenses incurred by the Supplier to the date on which actual payment is made. Any such interest of termination but will not be required to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment pay the Charges for the remainder of the invoice to which the interest relates. Payment of the invoice claiming the interest shall be in accordance with the provisions of CLAUSE 12.4 hereofMinimum Service Period. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Master Agreement

Invoicing and Payment. 12.1 In consideration The Provider shall invoice the Purchasing Authority or Beneficiary for any Deliverable(s) provided by the Provider as detailed in the “Call Off Order Form”. Such invoice shall be rendered on the Provider's own invoice form clearly marked with the Purchasing Authority’s or the Beneficiary's order number (if any). Invoices must show the period to which they relate and the aspects of the due performance of SERVICES supplied on rental Deliverable(s) for which payment is claimed together with the agreed charging rates and any other details the Purchasing Authority or hire, VERIPOS shall, at the end of each calendar month Beneficiary may require. Failure to provide such information will entitle the Purchasing Authority or on completion the Beneficiary to delay payment of the rental TERM Agreement Price until such information is provided. The Purchasing Authority reserves the right to return incorrect or hire TERM where earlier, submit an invoice inaccurate invoices to the CLIENT Provider for rectification and re-issue. Subject to clauses 23.6, 23.7 and 23.5, the SERVICES provided. 12.2 Notwithstanding the foregoing, hire of SIGNAL, which is the subject of a twelve (12) calendar month commitment, Purchasing Authority or any Beneficiary shall pay any invoice submitted by the CLIENT, will be invoiced as a single lump sum at the start of the TERM. 12.3 In respect of PURCHASE EQUIPMENT procured by CLIENT, VERIPOS shall upon completion of delivery of PURCHASE EQUIPMENT to the DELIVERY POINT, submit an invoice for the full purchase price plus any associated delivery, preparation or mobilisation charges Provider in accordance with the applicable rates specified in the PROPOSAL, or where no PROPOSAL has been issued, as advised separately by VERIPOS in writing. 12.4 The CLIENT shall pay all invoices issued by VERIPOS in full, in the currency in which the rates clause 23.1 and prices are expressed in the PROPOSAL, 23.2 within thirty (30) calendar days of date receipt by the Purchasing Authority or the Beneficiary of receipt of such invoice. Where bank charges occur The Purchasing Authority or the Beneficiary shall pay such invoice(s) by BACS (Bank Automated Clearing System) if it so chooses or any alternate means as agreed between the Purchasing Authority or the Beneficiary and the Provider, as detailed in the “Call Off Order Form”. The Purchasing Authority shall accept and process for payment an electronic invoice submitted for payment by the Provider where the invoice is undisputed and where it complies with the standard on electronic invoicing. For the purposes of this clause 23.5, an electronic invoice complies with the standard on electronic invoicing where it complies with the European standard and any of the syntaxes published in Commission Implementing Decision (EU) 2017/1870. The Provider shall use all best endeavours to accept the Government Procurement Card as a result means of any payment transfer from CLIENT to VERIPOS, said bank charges will be for the CLIENT’S account ordered Products and/or Services and VERIPOS or Licensed Materials where such card is agreed with the Purchasing Authority and / or Beneficiary to be a suitable means of payment. The Provider shall be solely liable to pay any merchant fee levied for using the Government Procurement Card and shall not be entitled to recover this charge from the Purchasing Authority and / or Beneficiary. Pursuant to clause 12.6, where an Order or part Order is automatically cancelled due to delayed publication, the Provider shall return any monies paid by the Purchasing Authority for that Order or part Order within thirty (30) days of the cancellation. Where an Order or part Order remains missing or unavailable after one (01) Year for any reason, the Provider must refund any monies paid by the Purchasing Authority for that missing Order or Order items. The Purchasing Authority and / or Beneficiary shall be entitled to invoice CLIENT deduct from any monies due or to become due to the Provider any monies owing to the Purchasing Authority or the Beneficiary from the Provider pursuant to this Agreement, unless otherwise agreed by the Purchasing Authority and / or Beneficiary, where the Provider may issue a credit note to the Purchasing Authority and / or Beneficiary for such amount(sthe total sum of the monies owed. Where the performance of the Provider does not meet the required standard then a deduction as set out in the Specification and / or Licence Agreement(s), or as agreed by the Parties, may be made. Where the Provider is an Agent, the Provider shall ensure prompt payment of all invoices due to the Publisher(s). Notwithstanding Where there is a delay to the foregoing, if any part of the invoice is validly disputed, CLIENT shall pay the undisputed portion within the stated time scale. Thereafter the PARTIES shall expeditiously negotiate a settlement of the disputed portion. 12.5 Interest shall be payable for late payment of correctly prepared and adequately supported invoices. The amount of interest payable shall be based on the then current annual Bank of England ‘Base Rate’ plus an annual percentage of five percent (5%) and shall be calculated pro rata on a daily basis. Interest shall run from the date on which the sum in question becomes due for payment in accordance with CLAUSE 12.4 until the date on which actual payment is made. Any such interest to be claimed by VERIPOS shall be invoiced separately and within ten (10) working days of payment of the invoice Agreement Fee to which the interest relatesPublisher(s) by the Provider, the Provider shall use its best endeavours to ensure that the Goods and / or Service(s) and / or the Licensed Materials are not suspended by the Publisher(s). Payment In the event that the Goods and / or Service(s) and / or Licensed Materials are suspended, the Purchasing Authority will exercise its rights under clause 23.11. Subject to clause 23.10, in the event that the Goods and / or Service(s) and / or the Licensed Materials are suspended by the Publisher(s) due to delayed payment by the Provider, the Provider will offer the Purchasing Authority a reduction against the Agreement Fee. In the event of the invoice claiming Purchasing Authority or any Beneficiary breaching clause 23.4, the interest Provider shall be entitled to charge interest on the outstanding amount owed by the Purchasing Authority or such Beneficiary in accordance with the provisions Late Payment of CLAUSE 12.4 hereofCommercial Debts (Interest) Act 1998. 12.6 Notwithstanding the provisions of CLAUSE 12.5, where SERVICES are being or have been provided to CLIENT, and any overdue invoice remains outstanding (despite the issue of a reminder by VERIPOS for payment of same to be made), then VERIPOS reserves the right at its sole discretion, to suspend the provision of the SIGNAL SERVICES and recall the provision of any EQUIPMENT, upon giving CLIENT twenty four (24) hours written notice of such action. Such notice may be made by email or facsimile transmission.

Appears in 1 contract

Samples: Framework Agreement

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