Payment Terms; Invoicing. 3.1. Fees are as set forth in the Order or SOW. Fees do not include applicable sales taxes, value added taxes, goods and services taxes, export or import charges, transportation or insurance charges, customs and duty fees, personal property taxes, surcharges and fees, or similar charges, all of which are Customer’s responsibility to pay. Unless Customer provides Xxxxxxx with direct payment authority or a valid exemption certificate for the appropriate jurisdiction, Customer will pay Xxxxxxx all such taxes, charges, and fees invoiced by Trimble in connection with the Offerings. Customer will pay any foreign exchange transaction fees and any foreign exchange profits or losses incurred on such transactions. 3.2. Trimble will issue invoices in accordance with the billing frequency stated in the Order or SOW. Customer consents to the receipt of invoices electronically at the email address(es) it provided to Trimble for billing purposes, and accepts such invoices as if received by mail. Customer is responsible for maintaining current email address(es) with Xxxxxxx. Xxxxxxx’x transmission of an invoice to the provided billing email address(es) (regardless of whether actually received by Customer) shall be considered delivery of that invoice by Trimble. Xxxxxxx’x failure to issue an invoice in accordance with this Section 3 (Payment Terms; Invoicing) shall not be deemed to be a waiver by Trimble of its right to receive payment pursuant to the Agreement, but Customer shall not be obligated to make such payment until an invoice for such payment is issued by Trimble to Customer. 3.3. Unless otherwise set forth in the Order or SOW, payments are due net 30 days from the date of invoice. Customer will make payment in the currency indicated on the Order or SOW. Trimble is entitled to offset payments against prior debt balances in Customer's account. Subject to any Laws to the contrary or as otherwise expressly stated in the Agreement, payments are not refundable. No credit, carryover, or refund will be given for any unused Offerings (e.g., services hours, data usage) allocated or available for use during an indicated period of time. 3.4. Delinquent payments not subject to a bona fide dispute will bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable Law. If Customer does not object in writing to an invoiced amount by the invoice due date, Customer will be deemed to have acknowledged the correctness of that invoice and to have waived its right to dispute that invoice. A dispute as to a portion of any invoice or amount owed will give Customer the right to withhold or delay payment of the disputed portion only. Customer will be liable for all costs of collection of past due amounts (including attorneys’ fees). 3.5. Trimble may suspend Customer’s access to or Xxxxxxx’x provision of Offerings, as applicable, on five (5) business days prior notice if Customer fails to timely pay any invoice not subject to a bona fide payment dispute or fails to use diligent good faith efforts to resolve a bona fide payment dispute (unless cured during the notice period). 3.6. For any breach of Customer’s payment obligations under any Order(s), Xxxxxxx may, without limiting Xxxxxxx’x other rights and remedies, declare Customer’s unbilled future fees under any and all Orders immediately due and payable. 3.7. Trimble has the continuing right to review Customer's credit and, if reasonably determined necessary by Trimble, change Customer's payment terms, and may at any time demand advance payment, satisfactory security (such as, but not limited to, a confirmed, irrevocable letter of credit acceptable to Xxxxxxx), or a guarantee of prompt payment prior to shipment or service activation. 3.8. Offerings purchased or licensed under Xxxxxxx’x United States General Services Administration ("GSA") Schedules are subject to all of the pricing and other terms and conditions described in the applicable GSA Schedule.
Appears in 2 contracts
Samples: General Transaction Terms, General Transaction Terms
Payment Terms; Invoicing. 3.1. (a) Fees are as set forth in the Order or SOWOrder. Fees for renewal Subscription Terms are at Xxxxxxx’x then-current rates, regardless of any discounted pricing in a prior Order. Fees do not include applicable sales taxes, value added taxes, goods and services taxes, export or import charges, transportation or insurance charges, customs and duty fees, personal property taxes, surcharges and fees, or similar charges, all of which are Customer’s responsibility to pay. Unless Customer provides Xxxxxxx Trimble with direct payment authority or a valid exemption certificate for the appropriate jurisdiction, Customer will pay Xxxxxxx Trimble all such taxes, charges, and fees invoiced by Trimble in connection with the OfferingsOffering. Customer will pay any foreign exchange transaction fees and any foreign exchange profits or losses incurred on such transactions.
3.2. (b) Trimble will issue invoices in accordance with the billing frequency stated in the Order or SOWOrder. Customer consents to the receipt of invoices electronically at the email address(es) it provided to Trimble for billing purposes, and accepts such invoices as if received by mail. Customer is responsible for maintaining current email address(es) with XxxxxxxTrimble. Xxxxxxx’x transmission of an invoice to the provided billing email address(es) (regardless of whether actually received by Customer) shall be considered delivery of that invoice by Trimble. Xxxxxxx’x failure to issue an invoice in accordance with this Section 3 9.1 (Payment Terms; Invoicing) shall not be deemed to be a waiver by Trimble of its right to receive payment pursuant to the Agreement, but Customer shall not be obligated to make such payment until an invoice for such payment is issued by Trimble to Customer.
3.3. (c) Unless otherwise set forth in the Order or SOWOrder, payments are due net 30 days from the date of invoice. Customer will make payment in the currency indicated on the Order or SOWOrder. Trimble is entitled to offset payments against prior debt balances in Customer's account. .
(d) Subject to any Laws to the contrary or as otherwise expressly stated in the Agreement, payments are not refundable. No credit, carryover, or refund will be given for any unused Offerings (e.g., services hours, data usage) allocated or available for use during an indicated period of time.
3.4. Delinquent payments not subject to a bona fide dispute will bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable Law. If Customer does not object in writing to an invoiced amount by the invoice due date, Customer will be deemed to have acknowledged the correctness of that invoice and to have waived its right to dispute that invoice. A dispute as to a portion of any invoice or amount owed will give Customer the right to withhold or delay payment of the disputed portion only. Customer will be liable for all costs of collection of past due amounts (including attorneys’ fees).
3.5. Trimble may suspend Customer’s access to or Xxxxxxx’x provision of Offerings, as applicable, on five (5) business days prior notice if Customer fails to timely pay any invoice not subject to a bona fide payment dispute or fails to use diligent good faith efforts to resolve a bona fide payment dispute (unless cured during the notice period).
3.6. For any breach of Customer’s payment obligations under any Order(s), Xxxxxxx may, without limiting Xxxxxxx’x other rights and remedies, declare Customer’s unbilled future fees under any and all Orders immediately due and payable.
3.7. Trimble has the continuing right to review Customer's credit and, if reasonably determined necessary by Trimble, change Customer's payment terms, and may at any time demand advance payment, satisfactory security (such as, but not limited to, a confirmed, irrevocable letter of credit acceptable to Xxxxxxx), or a guarantee of prompt payment prior to shipment or service activation.
3.8. Offerings purchased or licensed under Xxxxxxx’x United States General Services Administration ("GSA") Schedules are subject to all of the pricing and other terms and conditions described in the applicable GSA Schedule.
Appears in 1 contract
Samples: Trimble Offering Terms
Payment Terms; Invoicing. 3.1. Fees are as set forth in the Order or SOW. Fees do not include applicable sales taxes, value added taxes, goods and services taxes, export or import charges, transportation or insurance charges, customs and duty fees, personal property taxes, surcharges and fees, or similar charges, all of which are Customer’s responsibility to pay. Unless Customer provides Xxxxxxx Trimble with direct payment authority or a valid exemption certificate for the appropriate jurisdiction, Customer will pay Xxxxxxx Trimble all such taxes, charges, and fees invoiced by Trimble in connection with the Offerings. Customer will pay any foreign exchange transaction fees and any foreign exchange profits or losses incurred on such transactions.
3.2. Trimble will issue invoices in accordance with the billing frequency stated in the Order or SOW. Customer consents to the receipt of invoices electronically at the email address(es) it provided to Trimble for billing purposes, and accepts such invoices as if received by mail. Customer is responsible for maintaining current email address(es) with XxxxxxxTrimble. Xxxxxxx’x transmission of an invoice to the provided billing email address(es) (regardless of whether actually received by Customer) shall be considered delivery of that invoice by Trimble. Xxxxxxx’x failure to issue an invoice in accordance with this Section 3 (Payment Terms; Invoicing) shall not be deemed to be a waiver by Trimble of its right to receive payment pursuant to the Agreement, but Customer shall not be obligated to make such payment until an invoice for such payment is issued by Trimble to Customer.
3.3. Unless otherwise set forth in the Order or SOW, payments are due net 30 days from the date of invoice. Customer will make payment in the currency indicated on the Order or SOW. Trimble is entitled to offset payments against prior debt balances in Customer's account. Subject to any Laws to the contrary or as otherwise expressly stated in the Agreement, payments are not refundable. No credit, carryover, or refund will be given for any unused Offerings (e.g., services hours, data usage) allocated or available for use during an indicated period of time.
3.4. Delinquent payments not subject to a bona fide dispute will bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable Law. If Customer does not object in writing to an invoiced amount by the invoice due date, Customer will be deemed to have acknowledged the correctness of that invoice and to have waived its right to dispute that invoice. A dispute as to a portion of any invoice or amount owed will give Customer the right to withhold or delay payment of the disputed portion only. Customer will be liable for all costs of collection of past due amounts (including attorneys’ fees).
3.5. Trimble may suspend Customer’s access to or Xxxxxxx’x provision of Offerings, as applicable, on five (5) business days prior notice if Customer fails to timely pay any invoice not subject to a bona fide payment dispute or fails to use diligent good faith efforts to resolve a bona fide payment dispute (unless cured during the notice period).
3.6. For any breach of Customer’s payment obligations under any Order(s), Xxxxxxx Trimble may, without limiting Xxxxxxx’x other rights and remedies, declare Customer’s unbilled future fees under any and all Orders immediately due and payable.
3.7. Trimble has the continuing right to review Customer's credit and, if reasonably determined necessary by Trimble, change Customer's payment terms, and may at any time demand advance payment, satisfactory security (such as, but not limited to, a confirmed, irrevocable letter of credit acceptable to XxxxxxxTrimble), or a guarantee of prompt payment prior to shipment or service activation.
3.8. Offerings purchased or licensed under Xxxxxxx’x United States General Services Administration ("GSA") Schedules are subject to all of the pricing and other terms and conditions described in the applicable GSA Schedule.
Appears in 1 contract
Samples: General Transaction Terms
Payment Terms; Invoicing. 3.1. (a) Fees are as set forth in the Order or SOWOrder. Fees for renewal Subscription Terms are at Xxxxxxx’x then-current rates, regardless of any discounted pricing in a prior Order. Fees do not include applicable sales taxes, value added taxes, goods and services taxes, export or import charges, transportation or insurance charges, customs and duty fees, personal property taxes, surcharges and fees, or similar charges, all of which are Customer’s responsibility to pay. Unless Customer provides Xxxxxxx with direct payment authority or a valid exemption certificate for the appropriate jurisdiction, Customer will pay Xxxxxxx all such taxes, charges, and fees invoiced by Trimble in connection with the OfferingsOffering. Customer will pay any foreign exchange transaction fees and any foreign exchange profits or losses incurred on such transactions.
3.2. (b) Trimble will issue invoices in accordance with the billing frequency stated in the Order or SOWOrder. Customer consents to the receipt of invoices electronically at the email address(es) it provided to Trimble for billing purposes, and accepts such invoices as if received by mail. Customer is responsible for maintaining current email address(es) with Xxxxxxx. Xxxxxxx’x transmission of an invoice to the provided billing email address(es) (regardless of whether actually received by Customer) shall be considered delivery of that invoice by Trimble. Xxxxxxx’x failure to issue an invoice in accordance with this Section 3 9.1 (Payment Terms; Invoicing) shall not be deemed to be a waiver by Trimble of its right to receive payment pursuant to the Agreement, but Customer shall not be obligated to make such payment until an invoice for such payment is issued by Trimble to Customer.
3.3. (c) Unless otherwise set forth in the Order or SOWOrder, payments are due net 30 days from the date of invoice. Customer will make payment in the currency indicated on the Order or SOWOrder. Trimble is entitled to offset payments against prior debt balances in Customer's account. .
(d) Subject to any Laws to the contrary or as otherwise expressly stated in the Agreement, payments are not refundable. No credit, carryover, or refund will be given for any unused Offerings (e.g., services hours, data usage) allocated or available for use during an indicated period of time.
3.4. Delinquent payments not subject to a bona fide dispute will bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable Law. If Customer does not object in writing to an invoiced amount by the invoice due date, Customer will be deemed to have acknowledged the correctness of that invoice and to have waived its right to dispute that invoice. A dispute as to a portion of any invoice or amount owed will give Customer the right to withhold or delay payment of the disputed portion only. Customer will be liable for all costs of collection of past due amounts (including attorneys’ fees).
3.5. Trimble may suspend Customer’s access to or Xxxxxxx’x provision of Offerings, as applicable, on five (5) business days prior notice if Customer fails to timely pay any invoice not subject to a bona fide payment dispute or fails to use diligent good faith efforts to resolve a bona fide payment dispute (unless cured during the notice period).
3.6. For any breach of Customer’s payment obligations under any Order(s), Xxxxxxx may, without limiting Xxxxxxx’x other rights and remedies, declare Customer’s unbilled future fees under any and all Orders immediately due and payable.
3.7. Trimble has the continuing right to review Customer's credit and, if reasonably determined necessary by Trimble, change Customer's payment terms, and may at any time demand advance payment, satisfactory security (such as, but not limited to, a confirmed, irrevocable letter of credit acceptable to Xxxxxxx), or a guarantee of prompt payment prior to shipment or service activation.
3.8. Offerings purchased or licensed under Xxxxxxx’x United States General Services Administration ("GSA") Schedules are subject to all of the pricing and other terms and conditions described in the applicable GSA Schedule.
Appears in 1 contract
Samples: Trimble Offering Terms