Payment and Security Interest. The Purchaser agrees to pay WFP all invoice amounts when due, all legal fees and expenses incurred by WFP in collecting such amounts, and interest on all outstanding amounts from and after the payment due date at a rate of 1.75 % per month (21% per annum). The Purchaser grants WFP a security interest over the Products and all proceeds, as defined in the Personal Property Security Act (British Columbia) or any equivalent legislation of the province where the Purchaser is located (collectively, the “Collateral”), securing payment of all indebtedness described in this Agreement, as well as performance of all of the obligations of Purchaser to WFP. Acceptance of the Products by Purchaser shall be deemed to be conclusive evidence of the Purchaser’s acceptance of these terms of sale and granting of this security interest. To the extent the Product is sold on credit to the Purchaser, the Purchaser acknowledges and agrees that the security interest created hereunder constitutes and is intended to create a purchase money security interest in the Collateral.
Payment and Security Interest. In consideration of the sale of the Equipment and/or the performance of Services by the Company, Customer agrees to pay for the Equipment and for Services rendered in the manner and within the timeframe set forth in the invoice issued by the Company, respectively. If such payment is not timely made, in addition to all other remedies under the law, interest shall accrue on the unpaid balance at the higher of twelve percent (12%) per annum or the highest rate permitted by applicable law. Customer shall reimburse the Company for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. Until the amount owing for the Equipment has been paid in full, Customer hereby grants the Company a security interest in the Equipment and consents to the Company filing a UCC-1 financing statement to perfect such interest within ten (10) days of any delinquency or non-payment of the unpaid balance. Customer agrees that while any payment and/or balance remains outstanding, the Equipment will not be sold, assigned, encumbered, transferred or otherwise pledged by Customer or removed from Customer’s place of business without the advance written consent of the Company. In the Company’s sole discretion, the Company may require Customer to make an initial deposit by credit card for the purchase of certain Equipment, however the balance owed for such purchase shall be paid by check or ACH as detailed on the invoice. Notwithstanding anything to the contrary in this Agreement, the Company only accepts credit card payments for the purchase of spare parts and Online Shop orders. Customer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with the Company.
Payment and Security Interest. Unless otherwise stated, orders are taken subject to payment being effected within thirty (30) days from the invoice date. The Company shall have the right to submit interim invoices as work proceeds. Payment of such invoices shall be effected within twenty eight days from the interim invoice date. All payments shall be made in U.S. Dollars and shall be paid in full without any set-off, deduction or counterclaim. Time for payments shall be of the essence of the Contract and, if the Purchaser shall fail to pay the price (including interim payment) when due, the Company may treat the Contract with the Purchaser as repudiated and, in addition, without prejudice to such right, the Company shall be entitled to interest on the outstanding amount of the price from the due date of payment until the price is paid in full at the rate of five per cent above the prime rate published by the Wall Street Journal from time to time unti fully paid. The Company shall also be entitled to recover its reasonable legal costs and attorneys’ fees incurred as a result of the Purchaser's failure to pay and the Company’s collection efforts, inlcuding litigation. Company shall have a security interest in and to the Products until such time as payment is made in full. Purchase expressly consents to the filing of a UCC- 1 in any applicable jurisdiction.
Payment and Security Interest. A Pre-Payment
Payment and Security Interest. 4.1 In consideration of the grant of the IRU hereunder by WFI to Customer, Customer agrees to pay to WFI for each Segment a fee as set forth on Exhibit A-2 for the portion of such Segment within the US WFI System (the "IRU Fee"). The IRU Fee is payable in accordance with this Article 4 and as follows:
(a) With respect to each Segment (or portion thereof) located within the US WFI System in Route 1:
(i) of the total IRU Fee for Route 1 (based upon Estimated Route Kilometers) is due and payable within ***** days of the Effective Date (the "Route 1 Initial Payment"); and
(ii) of the IRU Fee (based upon actual Route Kilometers subject to Section 4.2) is due and payable on ***** (a "Completion Payment"); and
(iii) of the IRU Fee (based upon actual Route Kilometers) is due and payable ***** after ***** (a "Route 1 Final Payment").
(b) With respect to each Segment (or portion thereof) located within the US WFI System in Route 2:
(i) of the IRU Fee (based upon actual Route Kilometers) is due on ***** (a "Route 2 Initial Payment"); and
(ii) of the IRU Fee (based upon actual Route Kilometers) is due and payable ***** after ***** (a "Route 2 Final Payment").
4.2 The Parties best estimate of total linear kilometers for the US WFI System is 7,631 kilometers (the "Estimated Route Kilometers"). The Initial Payment for each Segment and the estimated total IRU Fee for each Segment in the US WFI System are set forth on Exhibit A-2. Each Completion Payment, each Route 2 Initial Payment and each Final Payment with respect to each Segment in the US WFI System shall be based upon the actual Route Kilometers. Accordingly, each Completion Payment shall be equitably adjusted upon ***** to account for any differences between the Estimated Route Kilometers and the actual Route Kilometers constructed.
4.3 All payments made by Customer hereunder in excess of $***** shall be made by wire transfer of immediately available funds in accordance with wire instructions to be provided by WFI. Payments of all other amounts by Customer hereunder may be made by wire transfer or by company check of immediately available funds payable to WFI. CONFIDENTIAL TREATMENT REQUESTED AND THE REDACTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION
4.4 If Customer fails to make any payment under this Agreement when due, then, in addition to such sum and to any other rights and remedies that WFI may have, Customer shall pay interest on such unpaid amount at the Interest Rate. Notwithstanding the foreg...
Payment and Security Interest. Customer agrees to pay for the equipment in the full amount and within the time frame specified on the invoice. If such payment is not made, in addition to any other remedies under the law, interest on any delinquent payment shall accrue on the unpaid balance at the rate of twelve percent (12%) per annum, or if less, the highest rate permitted by applicable law. Until the purchase price has been paid in full, Customer hereby grants Company a purchase money security interest in the equipment (and hereby authorizes Company to file financing statements or other movable property security registrations to perfect such interest or to preserve its rights therein) and customer covenants and agrees that while any balance remains outstanding the equipment purchased will not be sold, assigned, encumbered, transferred or otherwise pledged by Customer or removed from Customer’s place of business without the express advance written consent of Company.
Payment and Security Interest. 10.1 Invoicing and Payment
Payment and Security Interest. If you are a credit card customer, you agree to pay at the time of purchase the cost of material, and any shipping and handling charges and taxes. If you are a Memco Inc. account holder the following provisions apply: Memco Inc. may invoice items separately. Payment is due in U.S. currency, 30 days from the date of invoice. Any specified cash discounts must be authorized in advance, and are allowed if remittance is postmarked by the 10th day following the date of invoice. Such cash discounts may be offered at the sole discretion of Memco Inc. and are not to be implied as offered unless specifically stated. Invoices are net thereafter and become past due on the 31st day subsequent to the invoice date. A late payment charge may be assessed on amounts past due at a rate to be determined by Memco Inc., which shall not exceed the maximum rate permitted by law. Buyer shall be liable for all expenses, including attorney fees, relating to the collection of past due amounts. To secure payment of sums due, Memco Inc. may require the Buyer to grant to Memco Inc. a purchase money security interest in the goods purchased and in the proceeds thereof. At Memco Inc.'s request, the buyer shall sign financing statements and other documents necessary to perfect and continue the security interest. If Memco Inc. in its sole judgment questions the Buyer's ability to pay for the goods, Memco Inc. may, at any time, require payment in full in advance of delivery or manufacture of the goods. Failure to adhere to our terms may result in a shipping hold on all orders and/or a reduction in the amount of credit the Company will extend. All payments are to be made to:
Payment and Security Interest. Purchaser agrees to pay CWL all invoice amounts when due, all legal fees and expenses incurred by CWL in collecting such amounts, and interest on all outstanding amounts from and after the payment due date at a rate of 1¾ % per month (21% per annum). Purchaser grants to CWL a security interest over all personal property described in this invoice securing payment of all indebtedness described in this invoice as well as performance of all of the obligations of Purchaser to CWL. Acceptance of the personal property described in this invoice by Purchaser shall be deemed to be conclusive evidence of Purchaser’s acceptance of these terms of sale and granting of this security interest.
Payment and Security Interest. All Usage Charges shall be due and payable by Customer to Supplier within 60 days of the date of invoice, without demand or set off by Customer; provided, however, that to the extent Customer disputes a portion of an invoice because it has received what it considers in good faith to be materially incorrect CDR's (as such term is defined in Section 10), the due date for such disputed portion shall be delayed for as long as Customer cooperates in good faith to resolve such dispute. Usage Charges are billed and payable following the period in which actual usage has been incurred. All Usage Charges contained in this Agreement are calculated according to the rates set forth in Exhibit A attached hereto. If any invoice is not paid when due: (i) a late charge shall accrue equal to 1-1/2% (or the maximum legal rate, if less) of the unpaid balance per month;
