Common use of Payment Terms; Delivery Terms; Freight Terms Clause in Contracts

Payment Terms; Delivery Terms; Freight Terms. (a) MEMC shall issue an invoice to Conergy for each shipment of Wafers. All invoices will be in Dollars. Payment of invoices by Conergy shall be in Dollars, by wire transfer, check or by other means mutually agreed on by the Parties. Payment is due thirty (30) days from the date of the invoice. MEMC reserves the right to assess a late payment charge of one and one-half percent (1.5%) per month on the unpaid balance of any past due amount, unless prohibited by Law. If Conergy fails to pay the purchase price when due for any shipment, MEMC may, but need not, require receipt of payment in full prior to manufacturing the balance of any outstanding or subsequent order. Payment of sums due from Conergy shall be made upon terms set forth above. MEMC may recover for each delivery hereunder as a separate transaction, without reference to any other delivery. If Conergy has been failing to pay the purchase price when due for one or more shipments, and MEMC reasonably concludes that Conergy is in unsound financial condition and has notified Conergy of such conclusion, and the Parties have then negotiated in good faith for at least ten (10) Business Days to remedy such conclusion, or if Conergy is in default with respect to any of the material terms and conditions of this or any other agreement with MEMC, MEMC shall forthwith have the right to demand cash payment in advance or additional financial assurance until such time as said credit has been reestablished or default cured to MEMC’s satisfaction. If Conergy fails to pay the purchase price when due for any shipment, MEMC may also, but need not, (i) immediately offset any late payments against the Refundable Capacity Reservation Deposit and/or the Letter of Credit required by Section 3.1(c) and (ii) prior to any further shipments of Wafers, require that Conergy replenish the Refundable Capacity Reservation Deposit and/or the Letter of Credit required by Section 3.1(c) in accordance with the terms of this Agreement. (b) All prices are based on Ex Works MEMC’s designated location. Conergy shall pay all transportation charges on a freight collect basis. Any Taxes, levies or assessments (including related interest and penalties) imposed, levied, assessed or arising by virtue of this Agreement other than Taxes based upon the net income of MEMC shall be the liability and responsibility of Conergy. If any charges are exempt from sales or use Tax liability, Conergy must provide MEMC with evidence of tax exemption acceptable to the relevant taxing authority.

Payment Terms; Delivery Terms; Freight Terms. (a) MEMC shall issue an invoice to Conergy Suntech for each shipment of Wafers. All invoices will be in Dollars. Payment of invoices by Conergy Suntech shall be in Dollars, by wire transfer, check or by other means mutually agreed on by the Parties. Payment is due thirty (30) days from the date of the invoice. MEMC reserves the right to assess a late payment charge of one and one-half percent (1.50.5%) per month on the unpaid balance of any past due amount, unless prohibited by Law. If Conergy Suntech fails to pay the purchase price when due for any shipment, MEMC may, but need not, require receipt of payment in full prior to manufacturing the balance of any outstanding or subsequent order. Payment of sums due from Conergy Suntech shall be made upon terms set forth above. MEMC may recover for each delivery hereunder as a separate transaction, without reference to any other delivery. If Conergy Suntech has been failing to pay the purchase price when due for one or more shipments, and MEMC reasonably concludes that Conergy Suntech is in unsound financial condition and has notified Conergy Suntech of such conclusion, and the Parties have then negotiated in good faith for at least ten (10) Business Days to remedy such conclusion, or if Conergy Suntech is in default with respect to any of the material terms and conditions of this or any other agreement with MEMC, MEMC shall forthwith have the right to demand cash payment in advance or additional financial assurance until such time as said credit has been reestablished or default cured to MEMC’s satisfaction. If Conergy Suntech fails to pay the purchase price when due for any shipment, MEMC may also, but need not, (i) immediately offset any late payments against the Refundable Capacity Reservation Loan/Security Deposit and/or the Letter of Credit required by Section 3.1(c) and (ii) prior to any further shipments of Wafers, require that Conergy Suntech replenish the Refundable Capacity Reservation Loan/Security Deposit and/or the Letter of Credit required by Section 3.1(c) in accordance with the terms of this Agreement. (b) All prices are based on Ex Works MEMC’s designated location. Conergy Notwithstanding the foregoing Ex Works term of sale, MEMC shall select the carrier and shall negotiate with the carrier the transportation charges. Suntech shall pay all transportation charges on a freight collect basis, but shall be permitted to xxxx MEMC for (50%) of all freight costs associated with sales of Wafers under this Agreement, pursuant to and consistent with Section 2.5(a). Any Taxes, levies or assessments (including related interest and penalties) imposed, levied, assessed or arising by virtue of this Agreement other than Taxes based upon the net income of MEMC shall be the liability and responsibility of ConergySuntech. If any charges are exempt from sales or use Tax liability, Conergy Suntech must provide MEMC with evidence of tax exemption acceptable to the relevant taxing authority.. 2.9

Payment Terms; Delivery Terms; Freight Terms. (a) MEMC shall issue an invoice to Conergy Tainergy for each shipment of Wafers. All invoices will be in Dollars. Payment of invoices by Conergy Tainergy shall be in Dollars, by wire transfer, check or by other means mutually agreed on by the Parties. Payment is due thirty (30) days from the date of the invoice. MEMC reserves the right to assess a late payment charge of one and one-half percent (1.5%) per month on the unpaid balance of any past due amount, unless prohibited by Law. If Conergy Tainergy fails to pay the purchase price when due for any shipment, MEMC may, but need not, require receipt of payment in full prior to manufacturing the balance of any outstanding or subsequent order. Payment of sums due from Conergy Tainergy shall be made upon terms set forth above. MEMC may recover for each delivery hereunder as a separate transaction, without reference to any other delivery. If Conergy Tainergy has been failing to pay the purchase price when due for one or more shipments, and MEMC reasonably concludes that Conergy Tainergy is in unsound financial condition and has notified Conergy Tainergy of such conclusion, and the Parties have then negotiated in good faith for at least ten (10) Business Days to remedy such conclusion, or if Conergy Tainergy is in default with respect to any of the material terms and conditions of this or any other agreement with MEMC, MEMC shall forthwith have the right to demand cash payment in advance or additional financial assurance until such time as said credit has been reestablished or default cured to MEMC’s satisfaction. If Conergy Tainergy fails to pay the purchase price when due for any shipment, MEMC may also, but need not, (i) immediately offset any late payments against the Refundable Capacity Reservation Deposit and/or the Letter of Credit required by Section 3.1(c) and (ii) prior to any further shipments of Wafers, require that Conergy Tainergy replenish the Refundable Capacity Reservation Deposit and/or the Letter of Credit required by Section 3.1(c) in accordance with the terms of this Agreement. (b) All prices are based on Ex Works MEMC’s designated location. Conergy Tainergy shall pay all transportation charges on a freight collect basis. Any Taxes, levies or assessments (including related interest and penalties) imposed, levied, assessed or arising by virtue of this Agreement other than Taxes based upon the net income of MEMC shall be the liability and responsibility of ConergyTainergy. If any charges are exempt from sales or use Tax liability, Conergy Tainergy must provide MEMC with evidence of tax exemption acceptable to the relevant taxing authority.

Payment Terms; Delivery Terms; Freight Terms. (a) MEMC shall issue an invoice to Conergy Gintech for each shipment of Wafers. All invoices will be in Dollars. Payment of invoices by Conergy Gintech shall be in Dollars, by wire transfer, check or by other means mutually agreed on by the Parties. Payment is due thirty (30) days from the date of the invoice. MEMC reserves the right to assess a late payment charge of one and one-half percent (1.5%) per month on the unpaid balance of any past due amount, unless prohibited by Law. If Conergy Gintech fails to pay the purchase price when due for any shipment, MEMC may, but need not, require receipt of payment in full prior to manufacturing the balance of any outstanding or subsequent order. Payment of sums due from Conergy Gintech shall be made upon terms set forth above. MEMC may recover for each delivery hereunder as a separate transaction, without reference to any other delivery. If Conergy Gintech has been failing to pay the purchase price when due for one or more shipments, and MEMC reasonably concludes that Conergy Gintech is in unsound financial condition and has notified Conergy Gintech of such conclusion, and the Parties have then negotiated in good faith for at least ten (10) Business Days to remedy such conclusion, or if Conergy Gintech is in default with respect to any of the material terms and conditions of this or any other agreement with MEMC, MEMC shall forthwith have the right to demand cash payment in advance or additional financial assurance until such time as said credit has been reestablished or default cured to MEMC’s satisfaction. If Conergy Gintech fails to pay the purchase price when due for any shipment, MEMC may also, but need not, (i) immediately offset any late payments against the Refundable Capacity Reservation Loan/Security Deposit and/or the Letter of Credit required by Section 3.1(c) and (ii) prior to any further shipments of Wafers, require that Conergy Gintech replenish the Refundable Capacity Reservation Loan/Security Deposit and/or the Letter of Credit required by Section 3.1(c) in accordance with the terms of this Agreement. (b) All prices are based on Ex Works MEMC’s designated location. Conergy Gintech shall pay all transportation charges on a freight collect basis. Any Taxes, levies or assessments (including related interest and penalties) imposed, levied, assessed or arising by virtue of this Agreement other than Taxes based upon the net income of MEMC shall be the liability and responsibility of ConergyGintech. If any charges are exempt from sales or use Tax liability, Conergy Gintech must provide MEMC with evidence of tax exemption acceptable to the relevant taxing authority.

Payment Terms; Delivery Terms; Freight Terms. (a) MEMC shall issue an invoice to Conergy Suntech for each shipment of Wafers. All invoices will be in Dollars. Payment of invoices by Conergy Suntech shall be in Dollars, by wire transfer, check or by other means mutually agreed on by the Parties. Payment is due thirty (30) days from the date of the invoice. MEMC reserves the right to assess a late payment charge of one and one-half percent (1.50.5%) per month on the unpaid balance of any past due amount, unless prohibited by Law. If Conergy Suntech fails to pay the purchase price when due for any shipment, MEMC may, but need not, require receipt of payment in full prior to manufacturing the balance of any outstanding or subsequent order. Payment of sums due from Conergy Suntech shall be made upon terms set forth above. MEMC may recover for each delivery hereunder as a separate transaction, without reference to any other delivery. If Conergy Suntech has been failing to pay the purchase price when due for one or more shipments, and MEMC reasonably concludes that Conergy Suntech is in unsound financial condition and has notified Conergy Suntech of such conclusion, and the Parties have then negotiated in good faith for at least ten (10) Business Days to remedy such conclusion, or if Conergy Suntech is in default with respect to any of the material terms and conditions of this or any other agreement with MEMC, MEMC shall forthwith have the right to demand cash payment in advance or additional financial assurance until such time as said credit has been reestablished or default cured to MEMC’s satisfaction. If Conergy Suntech fails to pay the purchase price when due for any shipment, MEMC may also, but need not, (i) immediately offset any late payments against the Refundable Capacity Reservation Loan/Security Deposit and/or the Letter of Credit required by Section 3.1(c) and (ii) prior to any further shipments of Wafers, require that Conergy Suntech replenish the Refundable Capacity Reservation Loan/Security Deposit and/or the Letter of Credit required by Section 3.1(c) in accordance with the terms of this Agreement. (b) All prices are based on Ex Works MEMC’s designated location. Conergy Notwithstanding the foregoing Ex Works term of sale, MEMC shall select the carrier and shall negotiate with the carrier the transportation charges. Suntech shall pay all transportation charges on a freight collect basis, but shall be permitted to bxxx MEMC for (50%) of all freight costs associated with sales of Wafers under this Agreement, pursuant to and consistent with Section 2.5(a). Any Taxes, levies or assessments (including related interest and penalties) imposed, levied, assessed or arising by virtue of this Agreement other than Taxes based upon the net income of MEMC shall be the liability and responsibility of ConergySuntech. If any charges are exempt from sales or use Tax liability, Conergy Suntech must provide MEMC with evidence of tax exemption acceptable to the relevant taxing authority.

Payment Terms; Delivery Terms; Freight Terms. (a) MEMC shall issue an invoice to Conergy Suntech for each shipment of Wafers. All invoices will be in Dollars. Payment of invoices by Conergy Suntech shall be in Dollars, by wire transfer, check or by other means mutually agreed on by the Parties. Payment is due thirty (30) days from the date of the invoice. MEMC reserves the right to assess a late payment charge of one and one-half percent (1.50.5%) per month on the unpaid balance of any past due amount, unless prohibited by Law. If Conergy Suntech fails to pay the purchase price when due for any shipment, MEMC may, but need not, require receipt of payment in full prior to manufacturing the balance of any outstanding or subsequent order. Payment of sums due from Conergy Suntech shall be made upon terms set forth above. MEMC may recover for each delivery hereunder as a separate transaction, without reference to any other delivery. If Conergy Suntech has been failing to pay the purchase price when due for one or more shipments, and MEMC reasonably concludes that Conergy Suntech is in unsound financial condition and has notified Conergy Suntech of such conclusion, and the Parties have then negotiated in good faith for at least ten (10) Business Days to remedy such conclusion, or if Conergy Suntech is in default with respect to any of the material terms and conditions of this or any other agreement with MEMC, MEMC shall forthwith have the right to demand cash payment in advance or additional financial assurance until such time as said credit has been reestablished or default cured to MEMC’s satisfaction. If Conergy Suntech fails to pay the purchase price when due for any shipment, MEMC may also, but need not, (i) immediately offset any late payments against the Refundable Capacity Reservation Loan/Security Deposit and/or the Letter of Credit required by Section 3.1(c) and (ii) prior to any further shipments of Wafers, require that Conergy Suntech replenish the Refundable Capacity Reservation Loan/Security Deposit and/or the Letter of Credit required by Section 3.1(c) in accordance with the terms of this Agreement. (b) All prices are based on Ex Works MEMC’s designated location. Conergy Notwithstanding the foregoing Ex Works term of sale, MEMC shall select the carrier and shall negotiate with the carrier the transportation charges. Suntech shall pay all transportation charges on a freight collect basis, but shall be permitted to xxxx MEMC for (50%) of all freight costs associated with sales of Wafers under this Agreement, pursuant to and consistent with Section 2.5(a). Any Taxes, levies or assessments (including related interest and penalties) imposed, levied, assessed or arising by virtue of this Agreement other than Taxes based upon the net income of MEMC shall be the liability and responsibility of ConergySuntech. If any charges are exempt from sales or use Tax liability, Conergy Suntech must provide MEMC with evidence of tax exemption acceptable to the relevant taxing authority.