Common use of Payment and Invoicing Clause in Contracts

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 14 contracts

Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement

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Payment and Invoicing. 4.1. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided provided, however, that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods Goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government government-imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment check is mailed and payment by bank transfer is made when the funds leave Apple's bank accountmailed. Payment shall not constitute acceptance of the Goods or Servicesacceptance. All duties, taxes, copyright levies, environmental levies, or any other levies duties and taxes assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) calendars days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a two percent (2% %) discount of the invoiced amount for all invoices that are submitted more than ninety (90) calendar days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed a correct invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. 4.2. To If Apple disputes the extent that accuracy of an invoice (a "Billing Dispute"), Apple will not later than thirty (30) calendar days following the date of such invoice, notify Seller in writing of the nature of the Billing Dispute. Apple may withhold payment of the disputed amount and such payment will not be considered past due during Seller's investigation. Seller will make commercially reasonable efforts to completely resolve the Billing Dispute within thirty (30) calendar days following the date on which Seller received Apple's initial billing inquiry. If the parties are unable to resolve the Billing Dispute within such thirty (30) calendar day period, it will be resolved pursuant to Section 27 below. 4.3. Seller shall maintain written or electronic records reflecting the basis for any intellectual property subsists charges billed in connection with a PO for five (5) years after Seller's receipt of Apple's final payment with respect to the Goods PO. Apple shall have the right, but not the obligation, at any time or Services that does from time to time, during regular business hours, upon not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to subless than twenty-licence) any such intellectual property.four

Appears in 4 contracts

Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement

Payment and Invoicing. 4.1. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided provided, however, that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods Goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government government-imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment check is mailed and payment by bank transfer is made when the funds leave Apple's bank accountmailed. Payment shall not constitute acceptance of the Goods or Servicesacceptance. All duties, taxes, copyright levies, environmental levies, or any other levies duties and taxes assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) calendars days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a two percent (2% %) discount of the invoiced amount for all invoices that are submitted more than ninety (90) calendar days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed a correct invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. 4.2. To If Apple disputes the extent that accuracy of an invoice (a "Billing Dispute"), Apple will not later than thirty (30) calendar days following the date of such invoice, notify Seller in writing of the nature of the Billing Dispute. Apple may withhold payment of the disputed amount and such payment will not be considered past due during Seller's investigation. Seller will make commercially reasonable efforts to completely resolve the Billing Dispute within thirty (30) calendar days following the date on which Seller received Apple's initial billing inquiry. If the parties are unable to resolve the Billing Dispute within such thirty (30) calendar day period, it will be resolved pursuant to Section 28 below. 4.3. Seller shall maintain written or electronic records reflecting the basis for any intellectual property subsists charges billed in connection with a PO for five (5) years after Seller's receipt of Apple's final payment with respect to the Goods PO. Apple shall have the right, but not the obligation, at any time or Services that does from time to time, during regular business hours, upon not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to subless than twenty-licence) any such intellectual property.four

Appears in 4 contracts

Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Computer Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 3 contracts

Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable and world-wide licence (with the right to sub-licence) any such intellectual property.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's Sellers quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's Sellers quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's Apples bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence and for the entire duration of the property right concerned (with the right to sub-licence) any such intellectual property. The granted rights include the rights of utilisation, reproduction, representation, modification, adaptation, translation, commercialisation, for any supports and by all means known or unknown at this date, and for the all world.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement

Payment and Invoicing. As full consideration 11.1 Following notification of the Settlement Yield, or following the adjustment of the Settlement Yield in accordance with conditions 10.5 and 10.6 above, MML will issue an invoice to the Customer stating a time for payment, MML's fees, and any charges, costs and disbursements incurred by MML in connection with the Services ("Invoice"). 11.2 In the case of Service B, a statement will be provided with the Invoice which will state the value of the Settlement Yield such value to be based on prevailing London bullion or free-market prices, whichever is applicable, payable by MML to the Customer for the performance Product. 11.3 In the case of Service C, a statement will be provided with the Invoice which will provide a breakdown of the ServicesSettlement Yield by weight and type of metal to be returned to the Customer. 11.4 Unless otherwise agreed in writing, delivery in the case of Service B, MML shall be entitled to set-off its fees and costs as stated in the Invoice against the value of the Goods Settlement Yield set out in the statement referred to in 11.2 above. 11.5 Where MML is providing Service C and the assignment of rights metals to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and of the Settlement Yield are to be provided to the Customer, MML shall have a lien over the Product until any sums owing to MML by the Customer have been met in full. Should an Invoice not be met in full within two months of the date specified in the applicable POInvoice for payment, MML shall be entitled to sell the Product and apply the proceeds to any unpaid portion of an Invoice and MML's reasonable costs of storing the Product and arranging for its sale. 11.6 The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or (ii) Seller's quoted price otherwise. 11.7 If the Customer fails to pay MML any sum due pursuant to the Contract, the Customer shall be liable to pay interest to MML on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn sum from the Hubdue date for payment at the annual rate of 4% above the base lending rate from time to time of Lloyds Bank plc, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately accruing on Seller's invoice. Payment by cheque is made when Apple's a daily basis until payment is mailed and payment by bank transfer is made when the funds leave Apple's bank accountmade, whether before or after any judgment. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple MML reserves the right to return all incorrect invoices. Apple will receive a 2% discount claim interest under the Late Payment of the invoiced amount for all invoices that are submitted more than ninety Commercial Debts (90Interest) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual propertyAct 1998.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's Sellers quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's Sellers quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's Apples bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's ’s quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's ’s quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's ’s bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. As full consideration 3.1 We will invoice you and you must pay us the charges and fees for the performance AWS Services which have been incurred on your AWS account. 3.2 You agree that: (a) AWS Services are sold globally and are quoted in a single currency – the US dollar; and (b) the pricing for your AWS Services made available in pricing information we provide you, your AWS account or otherwise is displayed in US dollars and does not include Taxes (unless specified otherwise). 3.3 The charges for the AWS Services will ordinarily be billed monthly in arrears with the exception of the Services, delivery Reserved Instance AWS Service which will be billed in whole or in part monthly in advance. You must pay all charges within 30 days of the Goods date of invoice. 3.4 The charges on your invoice from us are the fees and charges for your AWS Services you have accessed and used under the assignment terms of rights your AWS Services Agreement. If you genuinely dispute the charges for any of the AWS Services appearing on an invoice issued by us, you must: (a) pay us the charges for all undisputed amounts by the due date; and (b) within 30 days of the date of the invoice notify us in the writing of the disputed amount and: (i) if the disputed amount is due to Apple as provided in our requirement to invoice you for your AWS Services or provide the AWS Services under this Agreement, Apple shall you need not pay Seller (i) the disputed amount agreed upon and specified in until the applicable PO, or dispute is resolved; or (ii) Seller's quoted price on date if we notify you that the disputed amount relates to provision of shipment (for Goodsyour AWS Services by AWS or your AWS Services Agreement, within 30 days of our notice to you under this clause 3.4(b)(ii), or you must make, and attempt to resolve, a claim for the date disputed amount directly with AWS under the terms of your AWS Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (aAgreement. 3.5 If after 30 days of us notifying you under clause 3.4(b)(ii) the disputed amount agreed upon remains due and specified payable on your AWS account, you must pay us for the disputed amount (unless AWS directs or we agree otherwise due to a resolution you have reached with AWS in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming relation to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual propertydisputed amount).

Appears in 1 contract

Samples: Aws Services Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Operations Europe Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided provided, however, that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods Goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety seven (907) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety seven (907) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. As full consideration for (a) All Recurring MRC (defined below) shall be due and payable on the performance first (1st) day of each calendar month, whether or not Supplier delivers any invoice, notice or demand therefor. If the Service Commencement Date or the expiration of the ServicesService Term (or the date of any earlier termination of any Agreement) falls on a date other than the first or last day of a calendar month, respectively, then the Recurring MRC payable for such partial calendar month shall be prorated on a per diem basis. (b) Supplier shall issue invoices to Customer with a copy to its sublicensee on a monthly basis for Charges (other than Recurring MRC) due under each Agreement, and except as otherwise expressly stated in any Service Order to the contrary, each such payment of Charges shall be due and payable on the date that is thirty (30) days after Supplier’s delivery of each invoice. All such invoices must reference the Goods Agreement, contain an itemization of Charges for Services rendered during the applicable invoice, and must otherwise comply with any additional requirements of the assignment applicable Agreement. If and to the extent specified in any Service Order, Supplier shall submit invoices to Customer and its sublicensee in accordance with the method of rights electronic communication specified in such Service Order; provided that Supplier shall not be required to Apple incur any cost in utilizing any such specified method and in the event that Supplier is unable to access any such system or encounters technical difficulties in submitting invoices using such method, Supplier may submit invoices to Customer and its sublicensee by email or in any other reasonable manner. (c) Customer shall have the right, in good faith, to dispute the amount of any Charges that are billed to Customer in accordance with Section 4.2(b) above by delivery of written notice of such dispute together with supporting documentation (a “Good Faith Dispute Notice”) to Supplier no later than thirty (30) days after Customer’s receipt of the applicable invoice; provided that notwithstanding the foregoing, Customer shall have no right to so dispute the amount of any Stipulated Charges (defined below), or to withhold timely payment of any Stipulated Charges under this Section 4.2(c) (provided that to the extent any Charges are determined by multiplying any Stipulated Charges that specify a rate at which Services are billed by a quantity of Services provided, this Section 4.2(c) shall apply to a dispute with respect to the amount of such Charges that is based on a dispute with respect to the quantity of Services that were provided (as opposed to a dispute based on the stipulated rate at which such Services are billed)). On the condition that Customer so delivers a Good Faith Dispute Notice within the time period specified above (time being of the essence), as and to the extent provided in this Section 4.2(c), Customer may withhold from payment (in accordance with Section 4.2(b) above) the amount of Charges so disputed (which, as provided above, shall not include any portion of any Stipulated Charges, other than as set forth above with respect to quantities of applicable Services) in such Good Faith Dispute Notice (“Disputed Charges”). Customer (and any sublicensee) and Supplier shall thereafter investigate in good faith the Disputed Charges, and shall endeavor to resolve the dispute regarding such Disputed Charges during the thirty (30) day period following the date of Customer’s delivery of such Good Faith Dispute Notice. If Customer does not demonstrate, to the reasonable satisfaction of Supplier, during such thirty (30) day period, that such Disputed Charges were erroneously charged to Customer and are not payable by Customer under the applicable Agreement, Apple then Customer shall pay Seller such Disputed Charges to Supplier within five (5) business days after expiration of such thirty (30) day period. If Customer so delivers Good Faith Dispute Notice: (i) Customer will not be responsible for any late fees accruing on any such Disputed Charge and Customer’s failure to pay any Disputed Charges shall not provide the amount agreed upon basis for a Customer Default, in each case, prior to the date that all or any portion of such Disputed Charges become payable under this Section 4.2(c), and specified in the applicable PO, or (ii) Seller's quoted price Customer shall have no obligation to pay any interest on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date any such goods are physically delivered Disputed Charge to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that such amounts were erroneously charged to, and were not payable by Customer under the applicable Agreement. “Stipulated Charges” are any intellectual property subsists Charges for which a specific amount is expressly set out in the Goods Agreement, including in this MCSA or Services that does not constitute Work Product as defined belowin any Service Order. For the avoidance of doubt, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the Customer shall have no right to sub-licencedispute under Section 4.2(c) or withhold payment of any such intellectual propertyRecurring MRC.

Appears in 1 contract

Samples: Master Colocation Services Agreement (Super Micro Computer, Inc.)

Payment and Invoicing. As full consideration for ‌ 5.1 Invoicing.‌ During the performance Term of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple Seller shall pay render to Buyer an invoice for RECs by electronic mail on or before the tenth (10th) day of the month immediately following each Delivery Month2 (“Invoice Due Date”) in which RECs are Delivered, as may be extended pursuant to Section 5.2 below. For avoidance of doubt, Seller (i) shall invoice Buyer regardless of whether the amount agreed upon REC Monthly Price is positive or negative. Notwithstanding, and specified in subject to the applicable POforegoing, or (ii) Seller's quoted price on date of shipment (Seller may request that Buyer issue an invoice to Seller if the REC Monthly Price is positive for Goods)documentary purposes. If Seller fails to render an invoice for a Delivery Month by the Invoice Due Date, or the date Services were started (no payment will be processed for Services)that Delivery Month if payment is due Seller from Buyer, whichever is lower; provided that if the designated destination invoice for Goods the last Delivery Month under this Agreement is delivered after the Invoice Due Date, but prior to that date that is six (6) months after such Invoice Due Date, such invoice will be processed within thirty (30) calendar days after receipt by Buyer. For any amounts included in late invoices, those amounts shall be eligible to be submitted by including such amounts as additional line items in the following Delivery Month’s invoice for subsequent payment. If in a Hub Delivery Month, RECs that are Delivered are from different Vintages, then Seller 2 For example, with respect to RECs with a Vintage of June 2022, IPA shall issue the Price Calculation Notice containing the REC Monthly Price for such RECs no later than July 20, 2022. RECs with a Vintage of June 2022 are expected to be Delivered by the last Business Day of July 2022 via PJM-EIS GATS or M-RETS and Seller shall issue its invoice to Buyer no later than August 10, 2022. shall render to Buyer one (as defined above1) Apple invoice for all Vintages of RECs Delivered in the Delivery Month. The invoice shall pay Seller specify separately for each Vintage of RECs Delivered in the Delivery Month: (a) the amount agreed upon and specified Delivery Month in which the applicable PO, or REC Deliveries were made; (b) Seller's quoted price on the date such goods are physically delivered applicable REC Monthly Price(s); (c) the quantity of RECs Delivered by Vintage; (d) the invoice amount to Apple and withdrawn from be paid; (e) Excess RECs Delivered in the Hub, whichever is lowerDelivery Month to be returned to Seller (if the Delivery Year Requirement has been met); and (f) the Tracking System unit ID for the Project. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment Buyer shall not constitute acceptance be obligated to pay any invoice that is delivered more than six (6) months after the end of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple Term of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual propertythis Agreement.

Appears in 1 contract

Samples: Renewable Energy Credit Purchase and Sale Agreement

Payment and Invoicing. As full consideration for Invoicing. During the performance Term of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple Seller shall pay render to Buyer an invoice for RECs by electronic mail on or before the tenth (10th) day of the month immediately following each Delivery Month5 (“Invoice Due Date”) in which RECs are Delivered, as may be extended pursuant to Section 6.2 below. For avoidance of doubt, Seller (i) shall invoice Buyer regardless of whether the amount agreed upon REC Monthly Price is positive or negative. Notwithstanding, and specified in subject to the applicable POforegoing, or (ii) Seller's quoted price on date of shipment (Seller may request that Buyer issue an invoice to Seller if the REC Monthly Price is positive for Goods)documentary purposes. If Seller fails to render an invoice for a Delivery Month by the Invoice Due Date, or the date Services were started (no payment will be processed for Services)that Delivery Month if payment is due Seller from Buyer, whichever is lower; provided that if the designated destination invoice for Goods the last Delivery Month under this Agreement is a Hub (as defined above) Apple shall pay Seller (a) delivered after the amount agreed upon and specified in the applicable POInvoice Due Date, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods but prior to receipt by Apple of Goods conforming to the PO shall that date that is six (6) months after such Invoice Due Date, such invoice will be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple processed within ninety thirty (9030) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) calendar days after receipt of an undisputed invoiceby Buyer. For any amounts included in late invoices, those amounts shall be eligible to be submitted by including such amounts as additional line items in the following Delivery Month’s invoice for subsequent payment. If in a Delivery Month, RECs that are Delivered are from different Vintages, then Seller shall send only render to Buyer one original (1) invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution for all Vintages of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists RECs Delivered in the Goods or Services Delivery Month. The invoice shall specify separately for each Vintage of RECs Delivered in the Delivery Month: the Delivery Month in which the REC Deliveries were made; the applicable REC Monthly Price(s); the quantity of RECs Delivered by Vintage; the invoice amount to be paid; Excess RECs Delivered in the Delivery Month to be returned to Seller (if the Delivery Year Requirement has been met); and the Tracking System unit ID for the Project. Buyer shall not be obligated to pay any invoice that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence delivered more than six (with 6) months after the right to sub-licence) any such intellectual propertyend of the Term of this Agreement.

Appears in 1 contract

Samples: Renewable Energy Credit Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice, and shall be borne by the [seller]. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. Service s. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's ' s invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, worldwide, perpetual, unlimited as to quantity, irrevocable licence (with the right to assign the license or grant sub-licence) to exploit in any manner any such intellectual property.

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. 4.1. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided provided, however, that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods Goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government government-imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment check is mailed and payment by bank transfer is made when the funds leave Apple's bank accountmailed. Payment shall not constitute acceptance of the Goods or Servicesacceptance. All duties, taxes, copyright levies, environmental levies, or any other levies duties and taxes assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) calendars days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a two percent (2% %) discount of the invoiced amount for all invoices that are submitted more than ninety (90) calendar days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed a correct invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. 4.2. To If Apple disputes the extent that accuracy of an invoice (a "Billing Dispute"), Apple will not later than thirty (30) calendar days following the date of such invoice, notify Seller in writing of the nature of the Billing Dispute. Apple may withhold payment of the disputed amount and such payment will not be considered past due during Seller's investigation. Seller will make commercially reasonable efforts to completely resolve the Billing Dispute within thirty (30) calendar days following the date on which Xxxxxx received Apple's initial billing inquiry. If the parties are unable to resolve the Billing Dispute within such thirty (30) calendar day period, it will be resolved pursuant to Section 27 below. 4.3. Seller shall maintain written or electronic records reflecting the basis for any intellectual property subsists charges billed in connection with a PO for five (5) years after Xxxxxx's receipt of Apple's final payment with respect to the Goods PO. Apple shall have the right, but not the obligation, at any time or Services that does from time to time, during regular business hours, upon not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to subless than twenty-licence) any such intellectual property.four

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall ‌ 11.1 The Purchaser must pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming all sums due to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple Service Provider within ninety thirty (9030) days of completion receipt of a valid invoice. 11.2 The Service Provider must render invoices monthly. 11.3 The Service Provider must ensure that each invoice contains appropriate contract references, details of any Service Credits applied and a detailed breakdown of the Services provided. The Service Provider must supply such other documentation reasonably required by the Purchaser to substantiate any invoice. 11.4 Where any Service Credits have been credited to the Purchaser they must be applied against the next invoice rendered by the Service Provider. Where no invoice is due or likely to be rendered for a period exceeding two (2) months, the Service Provider must promptly issue a credit note and pay the credited sum to the Purchaser within thirty (30) days of issue. 11.5 Interest is payable on the late payment of any undisputed sums of money in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. In the case of sums due by the Purchaser, the sums referred to in this clause must be properly invoiced by the Service Provider. 11.6 The Charges are stated exclusive of VAT, which shall be added at the prevailing rate as applicable and paid by the Purchaser following delivery of Goods a valid VAT invoice. VAT, where applicable, must be shown separately on all invoices as a strictly net extra charge. 11.7 The Service Provider shall indemnify the Purchaser on a continuing basis against any liability, including any interest, penalties or as otherwise agreed costs incurred, that is levied, demanded or specified assessed on the Purchaser at any time in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount respect of the invoiced amount Service Provider's failure to account for or to pay any VAT relating to payments made to the Service Provider under this Contract. Any amounts due under this clause 11.7 shall be paid in cleared funds by the Service Provider to the Purchaser not less than five (5) Working Days before the date upon which the tax or other liability is payable by the Purchaser. 11.8 In this clause 11, ‘valid invoice’ includes an electronic invoice meeting all invoices that are submitted more than ninety (90) days after completion the requirements set out in regulation 70A of the Services Public Contracts (Scotland) Regulations 2015 or delivery regulation 44A of the GoodsConcession Contracts (Scotland) Regulations 2016. Unless otherwise specified on Guidance notes: These payment terms may be amended as required to reflect the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoiceagreed arrangement. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller Payment terms in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual propertycontracts are addressed in clause 41 (Sub-Contracting).

Appears in 1 contract

Samples: Contract for the Provision of Services

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Apple’s Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights (including, but not limited to, Intellectual and/or Industrial Property rights) to Apple as provided in this Agreement, Apple shall pay Seller whichever of the following amounts is lower: (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) ), Apple shall pay Seller whichever of the two following amounts is lower: (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government government-imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. Seller shall send only one original invoice to Apple Accounts Payable Department. To the extent that any intellectual and/or industrial property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual and/or industrial property.

Appears in 1 contract

Samples: Purchase Agreement

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Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Apple’s Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. 4.1 As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided provided, however, that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods Goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government government-imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment check is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of promptly after the completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety five (905) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) calendar days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. As full consideration 3.1 We will invoice you and you must pay us the charges and fees for the performance AWS Services which have been incurred on your AWS account. 3.2 You agree that: (a) AWS Services are sold globally and are quoted in a single currency – the US dollar; (b) the pricing for your AWS Services made available in pricing information we provide you, your AWS account or otherwise is displayed in US dollars and does not include GST (unless specified otherwise); (c) your Telstra xxxx will show prices in Australian dollars and payment is required in Australian dollars, directly to us; and (d) AWS do not add any pre-GST charges to your purchases of AWS Services, and GST will be added on your Telstra xxxx after the AWS Service charges are converted into Australian dollars. 3.3 The charges for the AWS Services will ordinarily be billed monthly in arrears with the exception of the Services, delivery Reserved Instance AWS Service which will be billed in whole or in part monthly in advance. You must pay all charges within 30 days of the Goods date of invoice. 3.4 The charges on your invoice from us are the fees and charges for your AWS Services you have accessed and used under the assignment terms of rights your AWS Services Agreement. If you genuinely dispute the charges for any of the AWS Services appearing on an invoice issued by us, you must: (a) pay us the charges for all undisputed amounts by the due date; and (b) within 30 days of the date of the invoice notify us in the writing of the disputed amount and: (i) if the disputed amount is due to Apple as provided in our requirement to invoice you for your AWS Services or provide the rebilling services under this Agreement, Apple shall you need not pay Seller (i) the disputed amount agreed upon and specified in until the applicable PO, or dispute is resolved; or (ii) Seller's quoted price on date if we notify you that the disputed amount relates to provision of shipment (for Goodsyour AWS Services by AWS or your AWS Services Agreement, within 30 days of our notice to you under this clause 3.4(b)(ii), or you must make, and attempt to resolve, a claim for the date disputed amount directly with AWS under the terms of your AWS Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (aAgreement. 3.5 If after 30 days of us notifying you under clause 3.4(b)(ii) the disputed amount agreed upon remains due and specified payable on your AWS account, you must pay us for the disputed amount (unless AWS directs or we agree otherwise due to a resolution you have reached with AWS in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming relation to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual propertydisputed amount).

Appears in 1 contract

Samples: Aws Services Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided provided, however, that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods Goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government government-imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment check is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's ’s quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's ’s quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's ’s bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Apple's Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to alter and sub-licence) any such intellectual property.

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. As full consideration for Invoicing. During the performance Term of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple Seller shall pay render to Buyer an invoice for RECs by electronic mail on or before the tenth (10th) day of the month immediately following each Delivery Month7 (“Invoice Due Date”) in which RECs are Delivered, as may be extended pursuant to Section 6.2 below. For avoidance of doubt, Seller (i) shall invoice Buyer regardless of whether the amount agreed upon REC Monthly Price is positive or negative. Notwithstanding, and specified in subject to the applicable POforegoing, or (ii) Seller's quoted price on date of shipment (Seller may request that Buyer issue an invoice to Seller if the REC Monthly Price is positive for Goods)documentary purposes. If Seller fails to render an invoice for a Delivery Month by the Invoice Due Date, or the date Services were started (no payment will be processed for Services)that Delivery Month if payment is due Seller from Buyer, whichever is lower; provided that if the designated destination invoice for Goods the last Delivery Month under this Agreement is a Hub (as defined above) Apple shall pay Seller (a) delivered after the amount agreed upon and specified in the applicable POInvoice Due Date, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods but prior to receipt by Apple of Goods conforming to the PO shall that date that is six (6) months after such Invoice Due Date, such invoice will be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple processed within ninety thirty (9030) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) calendar days after receipt of an undisputed invoiceby Buyer. For any amounts included in late invoices, those amounts shall be eligible to be submitted by including such amounts as additional line items in the following Delivery Month’s invoice for subsequent payment. If in a Delivery Month, RECs that are Delivered are from different Vintages, then Seller shall send only render to Buyer one original (1) invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution for all Vintages of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists RECs Delivered in the Goods or Services Delivery Month. The invoice shall specify separately for each Vintage of RECs Delivered in the Delivery Month: the Delivery Month in which the REC Deliveries were made; the applicable REC Monthly Price(s); the quantity of RECs Delivered by Vintage; the invoice amount to be paid; Excess RECs Delivered in the Delivery Month to be returned to Seller (if the Delivery Year Requirement has been met); and the Tracking System unit ID for the Project. Buyer shall not be obligated to pay any invoice that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence delivered more than six (with 6) months after the right to sub-licence) any such intellectual propertyend of the Term of this Agreement.

Appears in 1 contract

Samples: Renewable Energy Credit Agreement

Payment and Invoicing. As full consideration 11.1 Following notification of the Settlement Yield, or following the adjustment of the Settlement Yield in accordance with conditions 10.5 and 10.6 above, PBL will issue an invoice to the Customer stating a time for payment, PBL's fees, and any charges, costs and disbursements incurred by PBL in connection with the Services ("Invoice"). 11.2 In the case of Service B, a statement will be provided with the Invoice which will state the value of the Settlement Yield such value to be based on prevailing London bullion or free-market prices, whichever is applicable, payable by PBL to the Customer for the performance Product. 11.3 In the case of Service C, a statement will be provided with the Invoice which will provide a breakdown of the ServicesSettlement Yield by weight and type of metal to be returned to the Customer. 11.4 Unless otherwise agreed in writing, delivery in the case of Service B, PBL shall be entitled to set-off its fees and costs as stated in the Invoice against the value of the Goods Settlement Yield set out in the statement referred to in 11.2 above. 11.5 Where PBL is providing Service C and the assignment of rights metals to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and of the Settlement Yield are to be provided to the Customer, PBL shall have a lien over the Product until any sums owing to PBL by the Customer have been met in full. Should an Invoice not be met in full within two months of the date specified in the applicable POInvoice for payment, PBL shall be entitled to sell the Product and apply the proceeds to any unpaid portion of an Invoice and PBL's reasonable costs of storing the Product and arranging for its sale. 11.6 The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or (ii) Seller's quoted price otherwise. 11.7 If the Customer fails to pay PBL any sum due pursuant to the Contract, the Customer shall be liable to pay interest to PBL on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn sum from the Hubdue date for payment at the annual rate of 4% above the base lending rate from time to time of Lloyds Bank plc, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately accruing on Seller's invoice. Payment by cheque is made when Apple's a daily basis until payment is mailed and payment by bank transfer is made when the funds leave Apple's bank accountmade, whether before or after any judgment. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple PBL reserves the right to return all incorrect invoices. Apple will receive a 2% discount claim interest under the Late Payment of the invoiced amount for all invoices that are submitted more than ninety Commercial Debts (90Interest) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual propertyAct 1998.

Appears in 1 contract

Samples: General Terms and Conditions

Payment and Invoicing. 4.1. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided provided, however, that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods Goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government government-imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment check is mailed and payment by bank transfer is made when the funds leave Apple's bank accountmailed. Payment shall not constitute acceptance of the Goods or Servicesacceptance. All duties, taxes, copyright levies, environmental levies, or any other levies duties and taxes assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) calendars days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a two percent (2% %) discount of the invoiced amount for all invoices that are submitted more than ninety (90) calendar days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed a correct invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. 4.2. To If Apple disputes the extent that accuracy of an invoice (a "Billing Dispute"), Apple will not later than thirty (30) calendar days following the date of such invoice, notify Seller in writing of the nature of the Billing Dispute. Apple may withhold payment of the disputed amount and such payment will not be considered past due during Seller's investigation. Seller will make commercially reasonable efforts to completely resolve the Billing Dispute within thirty (30) calendar days following the date on which Xxxxxx received Apple's initial billing inquiry. If the parties are unable to resolve the Billing Dispute within such thirty (30) calendar day period, it will be resolved pursuant to Section 28 below. 4.3. Seller shall maintain written or electronic records reflecting the basis for any intellectual property subsists charges billed in connection with a PO for five (5) years after Xxxxxx's receipt of Apple's final payment with respect to the Goods PO. Apple shall have the right, but not the obligation, at any time or Services that does from time to time, during regular business hours, upon not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to subless than twenty-licence) any such intellectual property.four

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. As full consideration for the performance of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and specified in the applicable PO, or (ii) Seller's quoted price on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual property.

Appears in 1 contract

Samples: Purchase Agreement

Payment and Invoicing. As full consideration 11.1 Following notification of the Settlement Yield, or following the adjustment of the Settlement Yield in accordance with conditions 10.5 and 10.6 above, MRS will issue an invoice to the Customer stating a time for payment, MRS's fees, and any charges, costs and disbursements incurred by MRS in connection with the Services ("Invoice"). 11.2 In the case of Service B, a statement will be provided with the Invoice which will state the value of the Settlement Yield such value to be based on prevailing London bullion or free-market prices, whichever is applicable, payable by MRS to the Customer for the performance Product. 11.3 In the case of Service C, a statement will be provided with the Invoice which will provide a breakdown of the ServicesSettlement Yield by weight and type of metal to be returned to the Customer. 11.4 Unless otherwise agreed in writing, delivery in the case of Service B, MRS shall be entitled to set-off its fees and costs as stated in the Invoice against the value of the Goods Settlement Yield set out in the statement referred to in 11.2 above. 11.5 Where MRS is providing Service C and the assignment of rights metals to Apple as provided in this Agreement, Apple shall pay Seller (i) the amount agreed upon and of the Settlement Yield are to be provided to the Customer, MRS shall have a lien over the Product until any sums owing to MRS by the Customer have been met in full. Should an Invoice not be met in full within two months of the date specified in the applicable POInvoice for payment, MRS shall be entitled to sell the Product and apply the proceeds to any unpaid portion of an Invoice and MRS's reasonable costs of storing the Product and arranging for its sale. 11.6 The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or (ii) Seller's quoted price otherwise. 11.7 If the Customer fails to pay MRS any sum due pursuant to the Contract, the Customer shall be liable to pay interest to MRS on date of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn sum from the Hubdue date for payment at the annual rate of 4% above the base lending rate from time to time of Lloyds Bank plc, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately accruing on Seller's invoice. Payment by cheque is made when Apple's a daily basis until payment is mailed and payment by bank transfer is made when the funds leave Apple's bank accountmade, whether before or after any judgment. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple MRS reserves the right to return all incorrect invoices. Apple will receive a 2% discount claim interest under the Late Payment of the invoiced amount for all invoices that are submitted more than ninety Commercial Debts (90Interest) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual propertyAct 1998.

Appears in 1 contract

Samples: General Terms and Conditions

Payment and Invoicing. As full consideration for ‌ 5.1 Invoicing.‌ During the performance Term of the Services, delivery of the Goods and the assignment of rights to Apple as provided in this Agreement, Apple Seller shall pay render to Buyer an invoice by electronic mail for the payment obligations of Buyer to Seller on or before the tenth (i10th) day of the amount agreed upon and specified month immediately following each Delivery Month (“Invoice Due Date”) in which RECs are Delivered. If Seller fails to render an invoice for a Delivery Month by the applicable POInvoice Due Date, or (ii) Seller's quoted price on date of shipment (no payment will be processed for Goods)that Delivery Month, or the date Services were started (for Services), whichever is lower; provided that if the designated destination invoice for Goods the last Delivery Month under this Agreement is delivered after the Invoice Due Date, but prior to that date that is six (6) months after such Invoice Due Date, such invoice will be processed within thirty (30) calendar days after receipt by Buyer. For any amounts included in late invoices, those amounts shall be eligible to be submitted by including such amounts as additional line items in the following Delivery Month’s invoice for subsequent payment. If in a Hub Delivery Month, RECs that are Delivered are from different Vintages, then Seller shall render to Buyer one (as defined above1) Apple invoice for all Vintages of RECs Delivered in the Delivery Month. The invoice shall pay Seller specify separately for each Vintage of RECs Delivered in the Delivery Month: (a) the amount agreed upon and specified Delivery Month in which the applicable PO, or REC Deliveries were made; (b) Seller's quoted price on the date such goods are physically delivered Purchase Price; (c) the quantity of RECs Delivered by Vintage; (d) the invoice amount to Apple be paid; (e) the Tracking System unit ID for the Project; (f) Excess RECs Delivered in the Delivery Month to be returned to Seller (if the Delivery Year Requirement has been met); (g) Excess RECs from prior Delivery Years, by Vintage Month, transferred to meet the current Delivery Year Requirement (if invoice is for the last Vintage month in the Delivery Year); (h) Current Delivery Year Requirement and withdrawn RECs from current Delivery Year Vintage that have been used cumulatively to meet the Hub, whichever is lowercurrent Delivery Year Requirement. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment Buyer shall not constitute acceptance be obligated to pay any invoice that is delivered more than six (6) months after the end of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple Term of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual propertythis Agreement.

Appears in 1 contract

Samples: Renewable Energy Credit Purchase and Sale Agreement

Payment and Invoicing. As full consideration for i. All room prices are set as at the performance time of booking and all food prices are set as at the time of consumption of the Services, delivery food (other than pre-booked hospitality). ii. You will be invoiced in pounds sterling for all bookings. iii The cancellation policy shall apply to all bookings made under the scheme. iv. An invoice together with statement will be issued to you on or after the second day of the Goods month following the relevant calendar month. If you have opted to receive twice monthly invoices, you will also receive an invoice on or after the 14th of each month. If you have opted to receive weekly invoices, you will receive an invoice each Monday. Each invoice will include details of the date, card number and description of the supplies bought or booked and value (excluding and including Tax) of each transaction that took place during the relevant preceding period v. All sums are shown on the invoice and the assignment statement shall be paid by you by Direct Debit and into such account (in our name or the name of rights Worldline) as we nominate. Payment shall be made (and collected via Direct Debit) on or before the 14th day after the invoice is issued or the tax point date on the invoice (or if such date does not fall on a banking day, on the next banking day thereafter). vi. You will ensure that a valid Direct Debit instruction is in place at all times and that your relevant bank account has adequate funds for all sums due to Apple as be debited via the Direct Debit. In addition, you will immediately inform us of any changes (including cancellation or replacement) to such instruction which you may make. vii. All amounts (whether disputed or not) stated on each invoice must be paid in full (in accordance with section 9(vi)) and any queries raised in respect of any particular amounts on the invoice will be investigated. Any refund or adjustment made by us will be applied to the next invoice. For the avoidance of doubt, all invoice queries must be raised by you within 30 days of the date of the invoice failing which you may not challenge or dispute such invoice. viii. If you fail to make payment in full in respect of any invoice on the due date for payment: a. such outstanding amount may be referred to debt collection and legal action may be taken to recover such outstanding amount; b. interest may be charged at the rate of 8% above the Barclays Bank base rate. Interest will be calculated daily on the overdue amount (including any interest due thereon) and shall accrue until the date of payment. In addition, we may charge you an administration fee for such non-payment and we shall be entitled to recover any costs associated with any recovery action from you; and c. we may suspend and/or terminate your ability to participate in the scheme, in each case without notice. ix. If: a. you fail to make payment in full in respect of any invoice on the due date for payment; b. you otherwise fail to comply fully with these terms and conditions; c. you enter into liquidation (compulsory or voluntary), or have a receiver, administrative receiver or manager appointed over any of your assets or suffer the appointment of an administrator or (if you are an individual or a partnership) if you or a member of the firm has a bankruptcy order made against you/him or a statutory demand served upon you/him or make/makes any arrangement or composition with your/his creditors; the whole of the outstanding balance on your account (including the balance for all transactions and charges since the date of the last invoice) will become immediately due and payable and we shall be entitled to request alternative payment for or cancel some or all pre-booked supplies and to charge a cancellation fee. x. While we make no charge for credit provided in under this Agreement, Apple we shall pay Seller (i) the amount agreed upon be entitled to charge an administration fee for services such as providing additional copies of statements and specified in the applicable PO, or (ii) Seller's quoted price on date invoices. Statements and invoices are available for you to download free of shipment (for Goods), or the date Services were started (for Services), whichever is lower; provided that if the designated destination for Goods is a Hub (as defined above) Apple shall pay Seller (a) the amount agreed upon and specified in the applicable PO, or (b) Seller's quoted price on the date such goods are physically delivered to Apple and withdrawn charge from the Hub, whichever is lower. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government imposed surcharges shall be stated separately on Seller's invoice. Payment by cheque is made when Apple's payment is mailed and payment by bank transfer is made when the funds leave Apple's bank account. Payment shall not constitute acceptance of the Goods or Services. All duties, taxes, copyright levies, environmental levies, or any other levies assessable upon the Goods prior to receipt by Apple of Goods conforming to the PO shall be borne by Seller. Seller shall invoice Apple for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Apple within ninety (90) days of completion of the Services or delivery of Goods or as otherwise agreed or specified in the PO and must reference the applicable PO, and Apple reserves the right to return all incorrect invoices. Apple will receive a 2% discount of the invoiced amount for all invoices that are submitted more than ninety (90) days after completion of the Services or delivery of the Goods. Unless otherwise specified on the face of a PO, Apple shall pay the invoiced amount within forty-five (45) days after receipt of an undisputed invoice. Seller shall send only one original invoice to Apple Accounts Payable Department. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Apple or Seller in connection with or based on the Goods or Services provided. To the extent that any intellectual property subsists in the Goods or Services that does not constitute Work Product as defined below, Seller hereby grants to Apple and warrants that it is entitled to grant to Apple a royalty free, perpetual, irrevocable licence (with the right to sub-licence) any such intellectual propertyscheme web portal.

Appears in 1 contract

Samples: Premier Inn Business Account Terms & Conditions

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