PAYMENT AND DEFAULT. (a) Unless otherwise agreed expressly in writing the terms of payment shall be EFT prior to production.
(b) Where credit facility is provided payment shall be net monthly, ie. receipt by Megasorber on or before the last working day of the month following the month of supply. If the Customer makes default in any payment or commits any act of bankruptcy or being an incorporated company, passes a resolution for winding up (except for the purpose of reconstruction) or a petition is presented for its winding up, Megasorber may without prejudice to its own rights either suspend further deliveries, require payment in advance for all such deliveries or terminate any contract forthwith by written notice to the Customer. If any payments by the Customer under this, or any other contract with Megasorber, is overdue for more than 7 days Megasorber will be entitled to suspend further deliveries or to terminate the contract as above
(c) It shall be a condition precedent to future deliveries that all payments due to Megasorber shall have been made and if such payments shall not have been made and future deliveries are withheld accordingly, Megasorber shall not be liable to the Customer for non-delivery or otherwise howsoever.
(d) Any expenses, costs or disbursements incurred by Megasorber in recovering any outstanding monies including debt collection agency fees and solicitors costs shall be paid by the Customer providing that those fees do not exceed the charges as charged by that debt collection agency/solicitor.
(e) Megasorber shall be entitled without notice to terminate any credit arrangement with the Customer in the event of the Customer defaulting in any of the terms and conditions herein contained.
(f) Megasorber shall be entitled at any stage during the continuance of this Agreement to request such security or additional security as Megasorber shall in its discretion think fit and shall be entitled to withhold supply of any goods or credit arrangements until such security or additional security shall be obtained.
(g) Megasorber shall be at liberty at its discretion to charge interest on all overdue accounts at the rate of 14 percent per annum.
PAYMENT AND DEFAULT. 8.1 CBG agrees and undertakes that the Undertaking to Pay shall be discharged by CBG:
(a) in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding for tax required by law); and
(b) in accordance with clause 2.3 and, in any event, no later than 31 December 2014.
8.2 Co-operative Group and CBG hereby agree that, in the event that there is a breach of the obligations under the Undertaking to Pay:
(a) Default Interest shall accrue as a separate payment obligation on any outstanding amount of the Undertaking to Pay on a daily basis, from and including the due date for payment;
(b) CBG waives all rights that it has in respect of the Group Shares, including rights to dividend, capital and voting;
(c) each of Co-operative Group and CBG waives all their respective rights that it may have under the Relationship Agreement without any effect on all obligations that it may be subject to under the Relationship Agreement, which shall survive without change;
(d) CBG shall procure the immediate resignation of its nominee director(s) from the board of the Bank appointed pursuant to the Relationship Agreement (the Nominee Directors(s)), failing which, the Bank may remove such Nominee Director(s), and CBG shall indemnify the Bank in full against any claim by any such Nominee Director(s) arising from this resignation or removal pursuant to this clause 8.2(d);
(e) the Bank may exercise or direct the Security Trustee to exercise any or all of its rights, remedies, powers or discretions under the Finance Documents; and
(f) CBG shall, at the request of the Bank, transfer all, or some, of the Group Shares with full title guarantee and free from all encumbrances to:
(i) a third-party buyer as directed by Bank (a Third Party Transfer); or
(ii) the Bank for nil consideration.
8.3 In respect of any transfer pursuant to clause 8.2(f) above, the Bank shall:
(a) use reasonable endeavours (acting in good faith) to ensure that any Third Party Transfer is on terms as close to arms’ length as possible, and use any amount received from the relevant third party to reduce any amount outstanding to the Bank from CBG;
(b) where the Bank determines to require the transfer of Group Shares to it pursuant to clause 8.2(f)(ii), the Bank may require the transfer of:
(i) such proportion of the Group Shares as is equal to the outstanding amount of the Undertaking to Pay plus any Default Interest (at the time of the relevant breach of the obligation under...
PAYMENT AND DEFAULT. Payment must be received within 60 days of issuance of a payment notice by the Consortium Manager. A Member may be deemed in Default if it fails to pay an invoice or payment notice within 15 days after its due date. The Steering Committee shall notify in writing any Member not having paid an invoice or payment notice after its due date. The defaulting Member shall then have 30 days to cure the Default by paying the amount due during such period. A Member who has failed to make payment within 45 days after due date shall automatically cease to be a Member without the necessity of further Steering Committee action. However, due to the urgent nature of this application for Authorisation, Members are encouraged to pay within 30 days wherever possible.
PAYMENT AND DEFAULT. 18.1 The Other Party shall pay invoices in accordance with the terms of payment given in the invoice. If no specific conditions are stated in the invoice, the Other Party shall pay within thirty days of the given date of invoice. The Other Party is not entitled to offset or delay payment. The date on the Supplier’s bank or giro statement when the payment is recorded as received applies as the date on which the payment has occurred.
18.2 Any payment by the Other Party shall – if applicable – go in the first place towards settlement of any interest he owes and towards any costs of collection and administrative costs owed to the Supplier, and then towards settlement of the outstanding claims in order of age, therefore commencing with the oldest outstanding claim.
18.3 If the Other Party does not settle sums owed to the Supplier punctually, the Other Party shall without a warning or declaration of default being necessary also owe the outstanding amount of statutory interest. If following reminder to pay, warning or declaration of default the Other Party still fails to fulfill his payment obligations within a reasonable period he shall by rights be in default. From that moment the Supplier may pass the claim on for collection. Once the claim is passed on the Other Party is obliged besides the rightfully established costs to reimburse the Supplier for the actual legal costs of the Supplier and the actual extra-judicial costs including the costs charged by external experts.
PAYMENT AND DEFAULT. 3.1 Payment terms for account holders are by the 20th of the following month; for casual hires upon return of the plant.
3.2 When in default of any monies payable under the Contract, without prejudice to the Owner’s other remedies under these conditions at law or otherwise, the Hirer will pay default interest at the rate of 2% per calendar month on all outstanding until all monies have been paid in full.
3.3 The Hirer shall pay to the Owner all costs and expenses incurred by the Owner in recovering money or in connection with the exercise or an attempted exercise of any of its rights or remedies under the Contract, including commissions and legal costs on a solicitor and client basis.
3.4 The Hirer must make all payments due under the Contract without set-off or deduction of any kind.
PAYMENT AND DEFAULT. 8.1 Payment will be made to the Pharmacy on a per harm reduction visit basis. The payment schedule will be as follows:
PAYMENT AND DEFAULT. 9.1. Unless the Customer has an account with the Seller, Goods will only be released when payment terms in 3.6 are met. Unless otherwise agreed in writing, account holders must pay their invoice in full within 30 days of delivery of the Goods.
9.2. The Seller reserves the right to charge interest on any overdue amount at a rate of 2.5% per month from the due date until payment is made in full.
9.3. If:
(a) the Customer defaults on any payments or is unable or states that it is unable to pay its debts as and when they fall due:
(b) (where the Customer is an individual) the Customer commits an act of bankruptcy or has a controller or trustee appointed in respect of its estate or any part of its property or assets;
(c) (where the Customer is a company) the Customer passes a resolution for the winding up or enters into liquidation or has an application for winding up filed against it;
(d) a receiver, receiver and manager, controller or voluntary administrator is appointed over any part of the Customer's property or assets;
(e) the Customer experiences any analogous event having substantially similar effect to any of the events specified in this clause, then the Seller may, at its option , withhold further deliveries or cancel any Order without notice and without prejudice to any other action or remedy. In such circumstances, all moneys owning and outstanding to the Seller on any invoice, irrespective of whether the due date on the invoice has occurred or passed shall become immediately due and payable, and additionally, the Seller reserves the right to charge the Customer all reasonable expenses incurred by it in order to recover the outstanding monies owed pursuant to this clause.
PAYMENT AND DEFAULT. Invoices with the requisite purchase order number will be sent by e-mail to the Client. Xxxxxxx returned for insufficient funds will be assessed a return charge of £50 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay OCB Media’s expenses, including, but not limited to, legal fees, court costs and collection agency fees, incurred by OCB Media in enforcing these Terms and Conditions. If a project is not completed by OCB Media by the agreed project completion deadline, as defined in the project schedule, OCB Media will be subject to a penalty of 1% of the total invoice due for each day (or part of) that the project is delayed beyond the deadline, up to a maximum of 20%. This penalty to be deducted from the total invoice amount prior to the invoice being submitted to the Client.
PAYMENT AND DEFAULT. (1) Save any other agreements in the order confirmation or invoice, payments are due within eight (8) days after delivery, readiness for shipment and/or invoicing, without any deductions, in cash, by check or wire transfer.
(2) Payments shall be deemed to have been effected only on the day on which Seller can dispose of the invoiced amount.
(3) In case of default, Seller shall charge late- payment interest at the respective legal rate, however, amounting to at least eight (8) percent above the respective base interest rate. In the event that Seller is able to demonstrate higher damage as a result of Buyer’s default, Seller shall be entitled to asserting such claim accordingly.
(4) Buyer shall be entitled to offset any claims against Seller – and/or refuse or withhold payment – only in the event that Xxxxxx has accepted such counter-claims, has not disputed them or that such counter-claims have been confirmed by a final court judgment. Save the existence of the afore-mentioned prerequisites, Buyer shall not have the right to refuse or withhold any payments or to use them to offset any counter-claims.
(5) In case of installment payments, Seller shall have the right to demand immediate payment of the entire residual purchase price if Buyer is in arrears with two or more consecutive installments or if the overdue balance amounts to more than ten (10) percent of the purchase price.
(6) In case of payments made from abroad, Seller shall charge Buyer with any bank transaction costs incurred.
(7) Seller expressly reserves the right to refuse acceptance of checks or bills of exchange. Any acceptance shall only serve the purpose of receiving payment of a debt. Any discount or bill of exchange expenses shall be charged to Buyer and be immediately due for payment.
(8) In the event that Seller is made aware of circumstances raising doubt about Xxxxx’s credit- worthiness, in particular in case of Xxxxx’s failure to pay a check or in case Buyer ceases to make payments, Seller shall have the right to make the entire residual debt due for immediate payment. In addition, Seller shall have the right to demand advance payments or the provision of collateral.
(9) In the event that Buyer ceases making payments entirely and/or in the event that bankruptcy proceedings against Xxxxx’s assets and/or proceedings to settle claims in or out of court are initiated against Buyer, Seller shall have the right to cancel any parts of the contract with Buyer that are still pending performanc...
PAYMENT AND DEFAULT. 11.1. All fees and charges are specified in the Intelefile Pricing sheet. Transputec Computers Plc will invoice the Set-up Fee upon signing of this Agreement, thereafter monthly invoices will be sent to The Customer at the end of each billing period. All payments are due within fourteen (14) days net from the date of invoice.
11.2. Transputec Computers Plc reserves the right to levy an interest charge on late payments of 6% per calendar month for payments more than fourteen (14) days old until settled in full.
11.3. Transputec Computers Plc reserves the right to suspend Services if payment in full is not made within ten (10) days after receipt of written notice of non payment.
