Price and Payment. 5.1 At the Supplier’s sole discretion the Price shall be either: (a) as indicated on any invoice provided by the Supplier to the Client; or (b) the Price at the date of supply of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or (c) the Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight (28) days. 5.2 The Supplier reserves the right to change the Price: (a) if a variation to the Supplier’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items; (b) if during the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or (c) or any increase in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of order. 5.3 Variations will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At the Supplier’s sole discretion, a bond and/or deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Client. 5.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Supplier, which may be: (a) on Delivery; (b) by way of instalments/progress payments in accordance with the Supplier’s payment schedule; (c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Supplier. 5.6 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client and the Supplier. 5.7 The Supplier may in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods. 5.8 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 6 contracts
Samples: Contract, Supply Agreement, Supply Agreement
Price and Payment. 5.1 At the Supplier’s sole discretion discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier to the Client; or
(b) the Price at the date of supply of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation Goods which are to be supplied is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;; or
(b) if during a variation to the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both partiesServices originally scheduled (including any applicable plans or specifications) is requested; or
(c) where additional Services are required due to the discovery of hidden or any increase unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to site accessibility, inaccurate details of the site being provided by the Client, prerequisite work by a third party not being completed, hard rock barriers below the surface, iron reinforcing rods in currency rates concrete, or hidden pipes and wiring etc.) which are only discovered on commencement of exchange and the Services; or
(d) in the event of increases to the Supplier in the cost of materials, labour, transport, insurance, taxes, legislation labour or any other items as at Goods which are beyond the date of orderSupplier control.
5.3 Variations will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at a time specified by the time of their completionSupplier.
5.4 At the Supplier’s sole discretion, a bond and/or deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Supplier, which may be:
(a) on Deliverydelivery of the Goods;
(b) before delivery of the Goods;
(c) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
(c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Supplier.
5.6 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (excluding AMEX and Diners Club, plus a surcharge may apply per transaction may applytransaction), or by any other method as agreed to between the Client and the Supplier.
5.7 The Supplier may in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, Price the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement Contract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 3 contracts
Samples: Supply Agreement, Contract, Service Agreement
Price and Payment. 5.1 At 10.1 The price payable by the Supplier’s sole discretion Buyer for the Price Goods shall be:
10.1.1 the price offered by the Buyer and accepted by XXXX XXX & SONS in accordance with clause 4.3;
10.1.2 the Buyer Premium (if applicable);
10.1.3 the artist's resale royalty (if applicable), V5 vehicle fee (if applicable), and any other fees or charges (including, without limitation, delivery charges, taxes, and payments due to third parties in relation to the Goods) specified by XXXX XXX & SONS and/or the Seller;
10.1.4 VAT at the prevailing rate.
10.2 The Goods are sold exclusive of VAT which (if applicable) shall be either:
(a) as indicated on any invoice provided payable in addition by the Supplier Buyer at the prevailing rate.
10.3 Subject to clause 10.6, the Buyer shall pay for all sums due under the Contract in full and in cleared funds prior to the Client; or
Buyer's collection or removal of the Goods, or (bif applicable) XXXX XXX & SONS arranging for delivery of the Price at Goods to the Buyer, and in any case within 48 hours of the date of supply invoice or such other period as notified to the Buyer by XXXX XXX & SONS. Time for payment shall be of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight (28) daysessence.
5.2 The Supplier reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 Variations will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. 10.4 Payment for all variations must be made in full at British Pound Sterling (GBP) and can be made by BACS or CHAPS or as otherwise specified by XXXX XXX & SONS from time to time. The Buyer must specify the time of their completioninvoice number when making payment. For queries about payment, please contact the XXXX XXX & SONS’ accounts department.
5.4 At 10.5 All amounts due under these Terms from the Supplier’s sole discretion, a bond and/or deposit may be required prior to Delivery, the amount of which Buyer shall be stated on paid in full without set-off, withholding or deduction.
10.6 Where XXXX XXX & SONS confirms in writing that the quotationBuyer may pay for all or part of the sums due under the Contract by instalment:
10.6.1 XXXX XXX & SONS may, orderas a condition of accepting payment by instalment, hire Contract, or any other authorisation form as provided require the payment of a Deposit;
10.6.2 the first instalment must be paid by the Supplier to the Client.
5.5 Time for payment for the Goods being Buyer within 5 days of the essence, the Price will be payable by the Client on the date/s determined by the Supplier, which may be:
(a) on Delivery;
(b) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
(c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given for the Goods;
10.6.3 the Buyer shall pay each further instalment in the amounts and on the dates specified by XXXX XXX & SONS, usually this is on a monthly or weekly basis.
10.7 If the Buyer fails to pay the Client amounts due to XXXX XXX & SONS and/or the Seller by the Supplier.
5.6 Payment may be made by cashdue date(s) for payment then, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by without prejudice to any other method as agreed to between the Client right or remedy that XXXX XXX & SONS and the Supplier.
5.7 The Supplier Seller may in its discretion allocate any payment received from have, XXXX XXX & SONS and/or the Client towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest Seller (as defined in the PPSAapplicable) in the Goods.
5.8 The Client shall not be entitled to set off against, or deduct charge the Buyer interest on any overdue sums from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold due date(s) for payment of any invoice because part of that invoice is in dispute.
5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included rate specified in the Price.Late Payment of Commercial Debts (Interest)
Appears in 2 contracts
Samples: Private Treaty and Tender Sales Terms, Private Treaty and Tender Sales Terms
Price and Payment. 5.1 6.1 At the SupplierBTI’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Supplier BTI to the Client; orCustomer;
(b) the Price as at the date of supply Delivery of the Goods as stipulated in the Supplieraccording to BTI’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Clientlist; or
(c) the SupplierBTI’s quoted price (subject to clause 5.26.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier 6.2 BTI reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation Goods which are to supplied is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested;
(c) if during the course of the Services, the Goods cease to be available from the SupplierBTI’s third party suppliers, then the Supplier BTI reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(cd) in the event of increases to BTI in the cost of labour or any materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of orderinsurance charges) which are beyond BTI’s control.
5.3 6.3 Variations will be charged for on the basis of the SupplierBTI’s quotation, and will be detailed in writing, and shown as variations on the SupplierBTI’s invoice. The Client Customer shall be required to respond to any variation submitted by the Supplier BTI within ten seven (107) working days. Failure to do so will entitle the Supplier BTI to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 6.4 BTI reserves the right to change the Price where a bulk discount (quantity pricing) has been offered by BTI, if the Customer subsequently reduces the quantity of Goods then any discounts or special prices will be revoked and the full Price for the Goods will apply.
6.5 At the SupplierBTI’s sole discretion, discretion a bond and/or non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 6.6 Time for payment for the Goods being of the essence, the Price will be payable by the Client Customer on the date/s determined by the SupplierBTI, which may be:
(a) on Deliverybefore Delivery of the Goods for cash account holders;
(b) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;for credit account Customers, due 20th month following invoice.
(c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(ed) failing any notice to the contrary, the date which is seven twenty (720) days following the date of any invoice given to the Client Customer by the SupplierBTI.
5.6 6.7 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client Customer and the SupplierBTI.
5.7 The Supplier 6.8 BTI may in its discretion allocate any payment received from the Client Customer towards any invoice that the Supplier BTI determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier Customer BTI may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the SupplierBTI, payment will be deemed to be allocated in such manner as preserves the maximum value of the SupplierBTI’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 6.9 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by the Supplier BTI nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 6.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to the Supplier BTI an amount equal to any GST the Supplier BTI must pay for any supply by the Supplier BTI under this or any other agreement contract for the sale of the Goods. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 2 contracts
Price and Payment. 5.1 At the SupplierSeller’s sole discretion discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier Seller to the Client; or
(b) the Price as at the date of supply Delivery of the Goods as stipulated in according to the SupplierSeller’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Clientlist; or
(c) the SupplierSeller’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier Seller reserves the right to change the Price:
(a) Price if a variation to the SupplierSeller’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during the course of the Services, the Goods cease to be available . Any variation from the Supplier’s third party suppliersplan of scheduled Services or specifications (including, then but not limited to, any variation as a result of overseas transactions that may increase the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement Price as a consequence of both parties; or
(c) or any increase variations in foreign currency rates of exchange and/or international freight and insurance charges, or the volatile price of copper cabling that can result in increases to the Seller in the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 Variations Goods) will be charged for on the basis of the SupplierSeller’s quotation, quotation and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier Seller within ten (10) working days. Failure to do so will entitle the Supplier Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 5.3 At the SupplierSeller’s sole discretion, a bond and/or non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the SupplierSeller, which may be:
(a) on DeliveryDelivery of the Goods;
(b) before Delivery of the Goods;
(c) by way of instalments/progress payments in accordance with the SupplierSeller’s payment schedule;
(cd) for certain approved Clients, due twenty thirty (2030) days following the end of the month in which a statement is delivered posted to the Client’s address or address for notices;
(de) the date specified on any invoice or other form as being the date for payment; or
(ef) failing any notice to the contrary, the date which is seven thirty (730) days following the date of any invoice given to the Client by the SupplierSeller.
5.6 5.5 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge may apply per transaction may applytransaction), or by any other method as agreed to between the Client and the SupplierSeller.
5.7 5.6 The Supplier Seller may in its discretion allocate any payment received from the Client towards any invoice that the Supplier Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the SupplierSeller, payment will be deemed to be allocated in such manner as preserves the maximum value of the SupplierSeller’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 5.7 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 5.8 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier Seller an amount equal to any GST the Supplier Seller must pay for any supply by the Supplier Seller under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 2 contracts
Samples: Contract, Sales Contracts
Price and Payment. 5.1 7.1 At the SupplierProquip’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Supplier Proquip to the Client; or
(b) the Price as at the date of supply Delivery of the Goods as stipulated in the SupplierGoods/Equipment according to Proquip’s current rate/price schedule/slist or Hire Schedule (for the purposes of Hire, which is available for viewing at the Supplier’s premises during normal business hoursthis may be on a daily, weekly or upon request four (4) weekly rate or any other basis as advised by the ClientProquip); or
(c) the SupplierProquip’s quoted price (subject to clause 5.27.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight fourteen (2814) days.
5.2 The Supplier 7.2 Proquip reserves the right to change the Price:
(a) Price if a variation to the SupplierProquip’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 . Variations will be charged for on the basis of the SupplierProquip’s quotation, and will be detailed in writing, and shown as variations on the SupplierProquip’s invoice. The Client shall be required to respond to any variation submitted by the Supplier Proquip within ten (10) working days. Failure to do so will entitle the Supplier Proquip to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 7.3 At the SupplierProquip’s sole discretion, discretion a bond and/or non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 7.4 Time for payment for the Goods Goods/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by the SupplierProquip, which may be:
(a) on DeliveryDelivery of the Goods/Equipment;
(b) before Delivery of the Goods/Equipment;
(c) by way of instalments/progress payments in accordance with the SupplierProquip’s payment schedule;
(cd) for certain approved Clients, due twenty thirty (2030) days following the end of the month in which a statement is delivered posted to the Client’s address or address for notices;
(de) the date specified on any invoice or other form as being the date for payment; or
(ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the SupplierProquip.
5.6 7.5 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge may apply per transaction may applytransaction), or by any other method as agreed to between the Client and the SupplierProquip.
5.7 The Supplier 7.6 Proquip may in its discretion allocate any payment received from the Client towards any invoice that the Supplier Proquip determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier Proquip may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the SupplierProquip, payment will be deemed to be allocated in such manner as preserves the maximum value of the SupplierProquip’s Purchase Money Security Interest (as defined in the PPSA) in the Goods/Equipment.
5.8 7.7 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier Proquip nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 7.8 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier Proquip an amount equal to any GST the Supplier Proquip must pay for any supply by the Supplier Proquip under this or any other agreement for the sale of the Goods/hire of the Equipment. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 2 contracts
Price and Payment. 5.1 At the Supplier’s Expressway Spares’ sole discretion discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier Expressway Spares to the ClientCustomer; or
(b) the Price at the date of supply of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the Supplier’s Expressway Spares’ quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight seven (287) days.
5.2 The Supplier Expressway Spares reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation Goods which are to be supplied is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;; or
(b) if during a variation to the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both partiesServices originally scheduled (including any applicable plans or specifications) is requested; or
(c) where additional Services are required due to the discovery of hidden or any increase unidentifiable difficulties (including, but not limited to, further faults found on disassembly etc) which are only discovered on commencement of the Services; or
(d) in currency rates the event of exchange and increases to Expressway Spares in the cost of materials, labour, transport, insurance, taxes, legislation labour or any other items as at the date of ordermaterials which are beyond Expressway Spares’ control.
5.3 Variations will be charged for on the basis of the Supplier’s Expressway Spares’ quotation, and will be detailed in writing, and shown as variations on the Supplier’s Expressway Spares’ invoice. The Client Customer shall be required to respond to any variation submitted by the Supplier Expressway Spares within ten (10) working days. Failure to do so will entitle the Supplier Expressway Spares to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 At the Supplier’s sole discretion, a bond and/or deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Client.
5.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client Customer on the date/s determined by the SupplierExpressway Spares, which may be:
(a) on DeliveryDelivery of the Goods;
(b) before Delivery of the Goods;
(c) by way of instalments/progress payments in accordance with the Supplier’s Expressway Spares’ payment schedule;
(cd) for certain approved Clients, due twenty thirty (2030) days following the end of the month in which a statement is delivered posted to the ClientCustomer’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by the SupplierExpressway Spares.
5.6 5.5 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge may apply per transaction may applytransaction), or by any other method as agreed to between the Client Customer and the SupplierExpressway Spares.
5.7 The Supplier 5.6 Expressway Spares may in its discretion allocate any payment received from the Client Customer towards any invoice that the Supplier Expressway Spares determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier Customer Expressway Spares may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the SupplierExpressway Spares, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Expressway Spares’ Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 5.7 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by the Supplier Expressway Spares nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 5.8 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to the Supplier Expressway Spares an amount equal to any GST the Supplier Expressway Spares must pay for any supply by the Supplier Expressway Spares under this or any other agreement for the sale of the Goods. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Contract
Price and Payment. 5.1 At the Supplier’s sole discretion discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier to the Client; or
(b) the Price as at the date of supply Delivery of the Goods as stipulated in according to the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Clientlist; or
(c) the Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier reserves the right to change the Price:
(a) Price if a variation to the Supplier’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during the course of the Services, the Goods cease to be available . Any variation from the Supplier’s third party suppliersplan of scheduled works or specifications (including, then but not limited to, any variation due to unforeseen circumstances, or due to delays caused from overseas shipping, or due to fluctuations in the currency exchange rate, or as a result of increases to the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in currency rates of exchange and the cost of materials, materials and labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 Variations ) will be charged for on the basis of the Supplier’s quotation, quotation and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the their time of their completion.
5.4 5.3 At the Supplier’s sole discretion, a bond and/or non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Supplier, which may be:
(a) on DeliveryDelivery of the Goods;
(b) before Delivery of the Goods;
(c) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
(cd) for certain approved Clients, due twenty fifteen (2015) days following the end of the month in which a statement is delivered posted to the Client’s address or address for notices;
(de) the date specified on any invoice or other form as being the date for payment; or
(ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Supplier.
5.6 5.5 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge may apply per transaction may applytransaction), or by any other method as agreed to between the Client and the Supplier.
5.7 5.6 The Supplier may in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 5.7 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 5.8 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Services Agreement
Price and Payment. 5.1 6.1 At the SupplierParamount’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Supplier Paramount to the Client; or
(b) the Price as at the date of supply Delivery of the Goods as stipulated in the Supplieraccording to Paramount’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Clientlist; or
(c) the SupplierParamount’s quoted price (subject to clause 5.26.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier 6.2 Paramount reserves the right to change the Price:
(a) Price if a variation to the SupplierParamount’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 . Variations will be charged for on the basis of the SupplierParamount’s quotation, and will be detailed in writing, and shown as variations on the SupplierParamount’s invoice. The Client shall be required to respond to any variation submitted by the Supplier Paramount within ten (10) working days. Failure to do so will entitle the Supplier Paramount to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 6.3 At the SupplierParamount’s sole discretion, discretion a bond and/or non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 6.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the SupplierParamount, which may be:
(a) on DeliveryDelivery of the Goods;
(b) before Delivery of the Goods;
(c) by way of instalments/progress payments in accordance with the SupplierParamount’s payment schedule;
(cd) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered posted to the Client’s address or address for notices;
(de) the date specified on any invoice or other form as being the date for payment; or
(ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the SupplierParamount.
5.6 6.5 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client and the SupplierParamount.
5.7 The Supplier 6.6 Paramount may in its discretion allocate any payment received from the Client towards any invoice that the Supplier Paramount determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier Paramount may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the SupplierParamount, payment will be deemed to be allocated in such manner as preserves the maximum value of the SupplierParamount’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 6.7 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier Paramount nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 6.8 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier Paramount an amount equal to any GST the Supplier Paramount must pay for any supply by the Supplier Paramount under this or any other agreement Contract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Contract
Price and Payment. 5.1 At the Supplier’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Supplier to the Client; or
(b) the Price at the date of supply 10.1. The price of the Goods as stipulated shall be:
10.1.1. the price confirmed in the Seller’s order acceptance referred to in clause 2.3, or, if no price is quoted, the price set out in the Supplier’s current rate/published price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated list in the quotation or otherwise for a period of twenty-eight (28) days.
5.2 The Supplier reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items force as at the date of order.
5.3 Variations will be charged for on delivery; plus any small order charge which is payable in accordance with the basis of provisions set out in the Supplier’s quotationprice list from time to time.
10.2. The price of the Goods includes delivery in one drop (unless otherwise stated) to the Delivery Location via commercial courier nominated by the Seller, using standard delivery service. Where the Customer requests, and will the Supplier agrees to provide, a special delivery service, the Supplier shall notify the Customer of the additional cost and the price of the Goods shall be detailed in writing, and shown as variations on the Supplier’s invoiceincreased accordingly.
10.3. The Client shall be required Supplier may, by giving notice to respond the Customer at any time before delivery, increase the price of the Goods to reflect any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add increase in the cost of the variation Goods including but not limited any increases that are due to:
10.3.1. any factor beyond the Supplier’s control (including foreign exchange fluctuations, imposition of tariffs, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
10.3.2. any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
10.3.3. any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
10.4. The price of the Goods excludes amounts in respect of taxes (including but not limited to value added tax (VAT)), whether payable in Ireland or England, or in the country of delivery of the products, which the Customer shall additionally be liable to pay to the Price. Payment for all variations must be made in full Supplier at the prevailing rate applying at the time of their completiondelivery, subject to the receipt of a valid VAT Invoice and if applicable any relevant plastic packaging tax where the obligation falls on the Customer in the country of delivery to pay any such tax).
5.4 At the Supplier’s sole discretion, a bond and/or deposit may be required prior to Delivery, the amount 10.5. Rates of which shall be stated tax and duties on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Client.
5.5 Time for payment for the Goods being of the essence, the Price goods will be payable by the Client on the date/s determined by the Supplier, which may be:
(a) on Delivery;
(b) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
(c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Supplier.
5.6 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client and the Supplier.
5.7 The Supplier may in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines and may do so those applying at the time of receipt delivery (if relevant).
10.6. The Supplier may invoice the Customer for the Goods on or at any time afterwards. On any default by after the Client the Supplier may re-allocate any payments previously received and allocated. In the absence completion of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goodsdelivery.
5.8 10.7. The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods. The Client must pay GSTGoods in full and in cleared funds prior to delivery, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.unless clause
Appears in 1 contract
Samples: Terms of Trading
Price and Payment. 5.1 At the SupplierSeller’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Supplier Seller to the ClientBuyer; or
(b) the Price as at the date of supply Delivery of the Goods as stipulated in according to the SupplierSeller’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Clientlist; or
(c) the SupplierSeller’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier Seller reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation Goods which are to be supplied (including any applicable plans or specifications) is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;; or
(b) if during where additional Services are required due to the course discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, safety considerations, prerequisite work by any third party not being completed, inaccurate structural measurements provided by the Client, change of design, iron reinforcing rods in concrete, or hidden pipes and wiring in walls, etc.) which are only discovered on commencement of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in the event of increases to the Seller in the costs of supply and/or production of the Goods (Including fluctuations in currency rates exchange rates), and/or Delivery, due to circumstances beyond the reasonable control of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of orderSeller.
5.3 The Seller reserves the right to change the Price if a variation to the Seller’s quotation is requested. Variations will be charged for on the basis of the SupplierSeller’s quotation, and will be detailed in writing, and shown as variations on the SupplierSeller’s invoice. The Client Buyer shall be required to respond to any variation submitted by the Supplier Seller within ten (10) working days. Failure to do so will entitle the Supplier Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 At the SupplierSeller’s sole discretion, discretion a bond and/or deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client Buyer on the date/s determined by the SupplierSeller, which may be:
(a) on DeliveryDelivery of the Goods;
(b) by way of instalments/progress payments in accordance with the SupplierSeller’s payment schedule;
(c) for certain approved ClientsBuyers, due twenty (20) days following the end of the month in which a statement is delivered posted to the ClientBuyer’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Buyer by the SupplierSeller.
5.6 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client Buyer and the SupplierSeller.
5.7 The Supplier Seller may in its discretion allocate any payment received from the Client Buyer towards any invoice that the Supplier Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Buyer the Supplier Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the SupplierSeller, payment will be deemed to be allocated in such manner as preserves the maximum value of the SupplierSeller’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 The Client Buyer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Buyer by the Supplier Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Buyer must pay to the Supplier Seller an amount equal to any GST the Supplier Seller must pay for any supply by the Supplier Seller under this or any other agreement contract for the sale of the Goods. The Client Buyer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Buyer pays the Price. In addition, the Client Buyer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
5.10 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then the Seller’s rights and ownership in respect of the Goods, and this Contract, shall continue.
Appears in 1 contract
Samples: Sales Contracts
Price and Payment. 5.1 At the SupplierWPC’s sole discretion discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier WPC to the Client; or
(b) the Price at the date of supply of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the SupplierWPC’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier WPC reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation Goods which are to be supplied is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;; or
(b) if during a variation to the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both partiesServices originally scheduled (including any applicable plans or specifications) is requested; or
(c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, limitations to site accessibility, availability of machinery, safety considerations, prerequisite work by any third party not being completed, change in the scope of Services, etc) which are only discovered on commencement of the Services; or
(d) in the event of increases to WPC in the cost of labour or Goods (including but not limited to Government Imposed Duties/Levies or overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of orderinsurance charges) which are beyond WPC’s control.
5.3 Variations will be charged for on the basis of the SupplierWPC’s quotation, and will be detailed in writing, and shown as variations on the SupplierWPC’s invoice. The Client shall be required to respond to any variation submitted by the Supplier WPC within ten (10) working days. Failure to do so will entitle the Supplier WPC to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 At the Supplier’s sole discretion, a bond and/or deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Client.
5.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the SupplierWPC, which may be:
(a) on DeliveryPayment With Order to proceed with processing a client order (PWO);
(b) Payment In Advance, before arranging delivery of Goods (PIA);
(c) by way of instalments/progress payments in accordance with the SupplierWPC’s payment schedule;
(cd) for certain approved Clients, due twenty thirty (2030) days following the end of the month date in which a statement is delivered supplied to the Client’s address or address for notices;
(de) the date specified on any invoice or other form as being the date for payment; or
(ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the SupplierWPC.
5.6 5.5 Payment may is to be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, banking (EFT) (additional costs may apply for accepting alternative payment methods such as cheque or credit card (a surcharge per transaction may applycard), or by any other method as agreed to between the Client and the Supplier. Cash payment is not accepted.
5.7 The Supplier 5.6 WPC may in its discretion allocate any payment received from the Client towards any invoice that the Supplier WPC determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier WPC may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the SupplierWPC, payment will be deemed to be allocated in such manner as preserves the maximum value of the SupplierWPC’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 5.7 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier WPC nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 5.8 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier WPC an amount equal to any GST the Supplier WPC must pay for any supply by the Supplier WPC under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Contract
Price and Payment. 5.1 At the SupplierSeller’s sole discretion discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier Seller to the ClientCustomer; or
(b) the Price as at the date of supply Delivery of the Goods as stipulated in according to the SupplierSeller’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Clientlist; or
(c) the SupplierSeller’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier Seller reserves the right to change the Price:;
(a) if a variation to the Supplier’s quotation Goods which are to be supplied is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;; or
(b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
(c) if during the course of the Services, the Goods are not or cease to be available from the SupplierSeller’s third party suppliersSellers, then the Supplier Seller reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(cd) in the event of increases to the Seller in the cost of labour or any materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of orderSeller’s control.
5.3 Variations will be charged for on the basis of the SupplierSeller’s quotation, and will be detailed in writing, and shown as variations on the SupplierSeller’s invoice. The Client Customer shall be required to respond to any variation submitted by the Supplier Seller within ten (10) working days. Failure to do so will entitle the Supplier Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 At the SupplierSeller’s sole discretion, a bond and/or non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client Customer on the date/s determined by the SupplierSeller, which may be:
(a) on Deliverybefore Delivery of the Goods;
(b) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
thirty (c) for certain approved Clients, due twenty (2030) days following the end of the month in which a statement is delivered to the ClientCustomer’s address or address for notices;
(dc) the date specified on any invoice or other form as being the date for payment; or
(ed) failing any notice to the contrary, the date which is seven thirty (730) days following the date of any invoice given to the Client Customer by the SupplierSeller.
5.6 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge may apply per transaction may applytransaction), or by any other method as agreed to between the Client Customer and the SupplierSeller.
5.7 The Supplier Seller may in its discretion allocate any payment received from the Client Customer towards any invoice that the Supplier Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Customer the Supplier Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the SupplierSeller, payment will be deemed to be allocated in such manner as preserves the maximum value of the SupplierSeller’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by the Supplier Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to the Supplier Seller an amount equal to any GST the Supplier Seller must pay for any supply by the Supplier Seller under this or any other agreement for the sale of the Goods. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Services Agreements
Price and Payment. 5.1 At the SupplierSeller’s sole discretion discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier Seller to the Client; or
(b) the Price at the date of supply of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the SupplierSeller’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
(c) if a variation to the Goods which are to be supplied is requested; or
(d) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
(e) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, limitations to site accessibility, availability of machinery, safety considerations, prerequisite work by any third party not being completed, change in the scope of Services, etc) which are only discovered on commencement of the Services; or
(f) in the event of increases to the Seller in the cost of labour or Goods (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond the Seller’s control.
5.2 The Supplier Seller reserves the right to change the Price:
(a) Price if a variation to the SupplierSeller’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 . Variations will be charged for on the basis of the SupplierSeller’s quotation, and will be detailed in writing, and shown as variations on the SupplierSeller’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.to
5.4 5.3 At the SupplierSeller’s sole discretion, a bond and/or non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the SupplierSeller, which may be:
(a) on Deliverydelivery of the Goods;
(b) before delivery of the Goods;
(c) by way of instalments/progress payments in accordance with the SupplierSeller’s payment schedule;
(cd) for certain approved Clients, due twenty thirty (2030) days following the end of the month in which a statement is delivered posted to the Client’s address or address for notices;
(de) the date specified on any invoice or other form as being the date for payment; or
(ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the SupplierSeller.
5.6 5.5 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge may apply per transaction may applytransaction), or by any other method as agreed to between the Client and the SupplierSeller.
5.7 The Supplier may in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 5.6 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 5.7 Unless otherwise stated the Price does not include GST. In addition to the Price, Price the Client must pay to the Supplier Seller an amount equal to any GST the Supplier Seller must pay for any supply by the Supplier Seller under this or any other agreement Contract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Sales Contracts
Price and Payment. 5.1 At the SupplierSeller’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Supplier Seller to the ClientBuyer; or
(b) the Price as at the date of supply Delivery of the Goods as stipulated in according to the SupplierSeller’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Clientlist; or
(c) the SupplierSeller’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier Seller reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation Goods which are to be supplied (including any applicable plans or specifications) is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;; or
(b) if during where additional Services are required due to the course discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, safety considerations, prerequisite work by any third party not being completed, inaccurate structural measurements provided by the Buyer, change of design, iron reinforcing rods in concrete, or hidden pipes and wiring in walls, etc.) which are only discovered on commencement of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in the event of increases to the Seller in the costs of supply and/or production of the Goods (Including fluctuations in currency rates exchange rates), and/or Delivery, due to circumstances beyond the reasonable control of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of orderSeller.
5.3 The Seller reserves the right to change the Price if a variation to the Seller’s quotation is requested. Variations will be charged for on the basis of the SupplierSeller’s quotation, and will be detailed in writing, and shown as variations on the SupplierSeller’s invoice. The Client Buyer shall be required to respond to any variation submitted by the Supplier Seller within ten (10) working days. Failure to do so will entitle the Supplier Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 At the SupplierSeller’s sole discretion, discretion a bond and/or deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client Buyer on the date/s determined by the SupplierSeller, which may be:
(a) on DeliveryDelivery of the Goods;
(b) by way of instalments/progress payments in accordance with the SupplierSeller’s payment schedule;
(c) for certain approved ClientsBuyers, due twenty (20) days following the end of the month in which a statement is delivered posted to the ClientBuyer’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Buyer by the SupplierSeller.
5.6 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client Buyer and the SupplierSeller.
5.7 The Supplier Seller may in its discretion allocate any payment received from the Client Buyer towards any invoice that the Supplier Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Buyer the Supplier Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the SupplierSeller, payment will be deemed to be allocated in such manner as preserves the maximum value of the SupplierSeller’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 The Client Buyer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Buyer by the Supplier Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Buyer must pay to the Supplier Seller an amount equal to any GST the Supplier Seller must pay for any supply by the Supplier Seller under this or any other agreement contract for the sale of the Goods. The Client Buyer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Buyer pays the Price. In addition, the Client Buyer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
5.10 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then the Seller’s rights and ownership in respect of the Goods, and this Contract, shall continue.
Appears in 1 contract
Samples: Sales Contracts
Price and Payment. 5.1 At 2.1 The Price is the SupplierCompany’s sole discretion current price for the Goods and any incidental services as at the Contract Date or (if applicable, and subject to clauses 3 and 4 the Price quoted by the Company. Any difference between the price of the Goods at the Contract Date and at the date of delivery, due to circumstances beyond the Company’s control, is to the Customer’s account and the Price shall be either:adjusted accordingly.
(a) as indicated on any invoice provided by 2.2 Unless otherwise expressly agreed upon in writing, the Supplier Customer shall pay the Purchase Price and Costs no later than the 20th day of the month following that of the Product’s manufacture.
2.3 Where the Customer requests the Company to estimate the Client; or
(b) the Price at the date of supply quantity of the Goods as stipulated to be supplied from sketches, plans, schedules, specifications or otherwise, the Customer agrees to pay for any variation between the estimate and the actual quantities supplied and the Contract shall be deemed to be adjusted accordingly.
2.4 Where the Price is quoted on a FIS basis:
a) The Price includes all expenses necessary for the Company to deliver the Goods to the delivery site noted in the SupplierContract;
b) Unloading of the Goods at the delivery site is to the Customer’s current rate/price schedule/saccount;
c) The Customer will arrange for unloading of the Goods at the delivery site within 30 minutes of the carrier arriving onsite; otherwise, which waiting time may be charged by the Company;
d) The Customer will ensure at its own expense that a reasonably safe and hard surface road or access-way is made available for viewing at the Supplier’s premises during normal business hours, or upon request use by the Client; or
(c) the SupplierCompany’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight (28) dayscarrier.
5.2 The Supplier reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 Variations will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. 2.5 Payment for all variations must be made in full at the time of their completion.
5.4 At the Supplier’s sole discretion, a bond and/or deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Client.
5.5 Time for payment for the Goods will be made on the terms contained in the Contract. If not otherwise specified in the contract, the Customer shall pay for the Goods on the 20th of the month following receipt of an invoice (time being of the essence). An invoice will be issued by the Company on delivery or proof of shipment.
2.6 The Company may, at any time, require the Customer to pay the Price will be payable by the Client on the date/s determined by the Supplier, which may be:
(a) on Delivery;
(b) by way letter of instalments/progress payments in accordance with the Supplier’s payment schedule;
(c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Supplier.
5.6 Payment may be made by cash, chequecredit, bank cheque, direct debitpost-dated cheque or to secure payment of the Price by providing an assignment of debt, electronic/on-line bankinglien, credit card (a surcharge per transaction may apply)mortgage, charge, guarantee or by any other method as agreed to between the Client and the Supplierform of security.
5.7 2.7 The Supplier may in its discretion allocate Company shall without prejudice to any payment received from the Client towards any invoice that the Supplier determines and may do so other remedy available to it at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplierlaw, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 The Client shall not be entitled to set off againsttreat any failure to make payment on the due date as a repudiation of the Contract by the Customer. In no event shall the Company be obliged to make any delivery of Goods if any moneys due and payable by the Customer under any other Contract remain outstanding.
2.8 All expenses, or deduct costs, fees and disbursement incurred by the Company in recovering the Price and any other amounts payable under these Terms shall be recoverable from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because Customer as a part of that invoice is in disputethe purchase price.
5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Supply Agreement
Price and Payment. 5.1 6.1 At the Supplier’s sole discretion discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier to the ClientBuyer; or
(b) the Price at the date of supply of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight (28) days.
5.2 The Supplier reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 Variations will be charged for on delivery of the basis of Goods according to the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completioncurrent price list.
5.4 6.2 At the Supplier’s sole discretion, a bond and/or deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 6.3 Time for payment for the Goods being of the essence, the Price will be payable by the Client Buyer on the date/s determined by the Supplier, which may be:
(a) on Deliverydelivery of the Goods;
(b) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
(c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(ec) failing any notice to the contrary, the date which is seven forty-five (745) days following the date of any invoice given to the Client Buyer by the Supplier.
5.6 6.4 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge may apply per transaction may applytransaction), or by any other method as agreed to between the Client Buyer and the Supplier.
5.7 6.5 The Supplier may in its discretion allocate any payment received from the Client Buyer towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Buyer the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 6.6 The Client Buyer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Buyer by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 6.7 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Buyer must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement Contract for the sale of the Goods. The Client Buyer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Buyer pays the Price. In addition, the Client Buyer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Service Agreement
Price and Payment. 5.1 At the Supplier’s sole discretion discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier to the ClientCustomer; or
(b) for approved trade Customers, the Price as at the date of supply Delivery of the Goods as stipulated in according to the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Clientlist; or
(c) the Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation Goods which are to be supplied is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;; or
(b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
(c) if during the course of the Services, the Goods are not or cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(cd) or any increase in currency rates the event of exchange and increases to the Supplier in the cost of materialslabour or materials (including, labourbut not limited to, transport, insurance, any variation as a result of fluctuations in currency exchange rates or increases to the Supplier in the cost of taxes, legislation levies, freight and insurance charges or any other items as at delays in shipment etc.) which are beyond the date of orderSupplier’s control.
5.3 Variations will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client Customer shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 At the Supplier’s sole discretion, a bond and/or non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client Customer on the date/s determined by the Supplier, which may be:
(a) on Deliveryor before Delivery of the Goods;
(b) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
thirty-one (c) for certain approved Clients, due twenty (2031) days following the end of the month in which a statement is delivered posted to the ClientCustomer’s address or address for notices;
(dc) the date specified on any invoice or other form as being the date for payment; or
(ed) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by the Supplier.
5.6 Payment for any non-stocklist or bespoke Goods from the Supplier’s third party suppliers is due and payable at the time the Customer places an order with the Supplier.
5.7 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge may apply per transaction may applytransaction), or by any other method as agreed to between the Client Customer and the Supplier.
5.7 5.8 The Supplier may in its discretion allocate any payment received from the Client Customer towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Customer the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 5.9 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 5.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Supply Agreement
Price and Payment. 5.1 At the SupplierThe Manufacturer’s sole discretion discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier Manufacturer to the ClientCustomer; or
(b) the Price as at the date of supply delivery of the Goods as stipulated in according to the SupplierManufacturer’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Clientlist; or
(c) the SupplierManufacturer’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier Manufacturer reserves the right to change the Price:
(a) Price if a variation to the SupplierManufacturer’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 . Variations will be charged for on the basis of the SupplierManufacturer’s quotation, and will be detailed in writing, and shown as variations on the SupplierManufacturer’s invoice. The Client Customer shall be required to respond to any variation submitted by the Supplier Manufacturer within ten (10) working days. Failure to do so will entitle the Supplier Manufacturer to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 5.3 At the SupplierManufacturer’s sole discretion, a bond and/or deposit may be required prior to Delivery, required. The deposit amount or percentage of the amount Price will be stipulated at the time of which the order of the Goods and shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientbecome immediately due and payable.
5.5 5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client Customer on the date/s determined by the SupplierManufacturer, which may be:
(a) on Deliverydelivery of the Goods;
(b) by way before delivery of instalments/progress payments in accordance with the Supplier’s payment scheduleGoods;
(c) for certain approved Clients, due twenty twenty-eight (2028) days following the end of the month in which a statement is delivered posted to the ClientCustomer’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by the SupplierManufacturer.
5.6 5.5 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client Customer and the SupplierThe Manufacturer.
5.7 5.6 The Supplier Manufacturer may in its discretion allocate any payment received from the Client Customer towards any invoice that the Supplier Manufacturer determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Customer the Supplier Manufacturer may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the SupplierManufacturer, payment will be deemed to be allocated in such manner as preserves the maximum value of the SupplierManufacturer’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 5.7 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by the Supplier Manufacturer nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 5.8 Unless otherwise stated the Price does not include GST. In addition to the Price, Price the Client Customer must pay to the Supplier Manufacturer an amount equal to any GST the Supplier Manufacturer must pay for any supply by the Supplier Manufacturer under this or any other agreement Contract for the sale of the Goods. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Contract
Price and Payment. 5.1 6.1 At the SupplierSeller’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Supplier Seller to the Client; or
(b) the Price at the date of supply of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the SupplierSeller’s quoted price (subject to clause 5.26.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight sixty (2860) days.
5.2 6.2 The Supplier Seller reserves the right to change the Price:
(a) Price if a variation to the SupplierSeller’s quotation is requested. Any variation from the plan of scheduled Services or specifications (including, including but not limited to, any variation as a result of additional charges Services required due to unforeseen circumstances such as: cartageas limitations to accessing the worksite, fuelServices supplied outside normal business hours, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during changes in the course scope of the Services, unknown pre-existing condition of the Goods cease to be available from the Supplier’s subfloor, prerequisite work by any third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement not being completed or as a result of both parties; or
(c) or any increase to the Seller in currency rates of exchange and the cost of materials, Goods and labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 Variations ) will be charged for on the basis of the SupplierSeller’s quotation, and will be detailed in writing, and shown as variations on the SupplierSeller’s invoice. The Client shall be required to respond to any variation submitted by the Supplier Seller within ten (10) working days. Failure to do so will entitle the Supplier Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 6.3 At the SupplierSeller’s sole discretion, discretion a bond and/or seventy five (75%) percent non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 6.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the SupplierSeller, which may be:
(a) on DeliveryDelivery of the Goods;
(b) by way before Delivery of instalments/progress payments in accordance with the Supplier’s payment scheduleGoods;
(c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered posted to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the SupplierSeller.
5.6 6.5 At the agreement of both parties, payment of the Price may be subject to retention by the Client of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Client shall hold the Retention Money for the agreed period following completion of the Services during which time all Services are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with section 18(a) to 18(i) of the Construction Contracts Act 2002.
6.6 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client and the SupplierSeller.
5.7 6.7 The Supplier Seller may in its discretion allocate any payment received from the Client towards any invoice that the Supplier Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the SupplierSeller, payment will be deemed to be allocated in such manner as preserves the maximum value of the SupplierSeller’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 6.8 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier Seller nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by the Seller is a claim made under the Construction Contracts Act 2002.
5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier Seller an amount equal to any GST the Supplier Seller must pay for any supply by the Supplier Seller under this or any other agreement contract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Sales Contract
Price and Payment. 5.1 At the SupplierSeller’s sole discretion discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier Seller to the ClientBuyer; or
(b) the Price as at the date of supply Delivery of the Goods as stipulated in according to the SupplierSeller’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Clientlist; or
(c) the SupplierSeller’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier Seller reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation Goods which are to be supplied is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;; or
(b) if a variation to the Services originally scheduled (including any applicable plans and specifications) is requested; or
(c) if during the course of the Services, the Goods are not or cease to be available from the SupplierSeller’s third party suppliers, then the Supplier Seller reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(cd) in the event of increases to the Seller in the cost of labour or any materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges and/or additional packaging required or requested from the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at Buyer etc.) which are beyond the date of orderSeller’s control.
5.3 Variations will be charged for on the basis of the SupplierSeller’s quotation, and will be detailed in writing, and shown as variations on the SupplierSeller’s invoice. The Client Buyer shall be required to respond to any variation submitted by the Supplier Seller within ten (10) working days. Failure to do so will entitle the Supplier Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 At the SupplierSeller’s sole discretion, a bond and/or non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client Buyer on the date/s determined by the SupplierSeller, which may be:
(a) on DeliveryDelivery of the Goods;
(b) before Delivery of the Goods;
(c) by way of instalments/progress payments in accordance with the SupplierSeller’s payment schedule;
(cd) for certain approved Clients, due twenty thirty (2030) days following the end of the month in which a statement an invoice for Goods is generated and delivered to the ClientBuyer’s address or address for notices;
(de) the date specified on any invoice or other form as being the date for payment; or
(ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Buyer by the SupplierSeller.
5.6 Unless otherwise stated in the Seller’s quotation, the Price includes packaging in accordance with the Seller’s standard practice. Any other packing requested by the Buyer, or deemed necessary by the Seller, will be charged for in addition to the Seller’s quoted Price and shown as extras on the invoice.
5.7 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge may apply per transaction may applytransaction), or by any other method as agreed to between the Client Buyer and the SupplierSeller.
5.7 5.8 The Supplier Seller may in its discretion allocate any payment received from the Client Buyer towards any invoice that the Supplier Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Buyer the Supplier Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the SupplierSeller, payment will be deemed to be allocated in such manner as preserves the maximum value of the SupplierSeller’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 5.9 The Client Buyer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Buyer by the Supplier Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 5.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Buyer must pay to the Supplier Seller an amount equal to any GST the Supplier Seller must pay for any supply by the Supplier Seller under this or any other agreement for the sale of the Goods. The Client Buyer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Buyer pays the Price. In addition, the Client Buyer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Sales Contracts
Price and Payment. 5.1 6.1 At the SupplierSeller’s sole discretion the Price shall be either:
(a) as indicated on any invoice invoices provided by the Supplier Seller to the ClientCustomer in respect of Goods performed or Goods supplied; or
(b) the Price at the date of supply of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the SupplierSeller’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon the period stated Seller provided that the Customer shall accept the Seller’s Price in writing within thirty (30) days unless specifically quoted otherwise, within the quotation or otherwise for a period of twenty-eight (28) daysquotation.
5.2 6.2 The Supplier Seller reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation Goods which are to be supplied is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;; or
(b) if during the course of the Services, a variation to the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both partiesoriginally scheduled is requested; or
(c) or any increase in currency rates the event of exchange and increases to the Seller in the cost of materialslabour or materials (including but, labour, transport, insurance, not limited to any variation as a result of fluctuations in currency exchange rates or increases to the Seller in the cost of taxes, legislation levies, freight or any other items as at insurance charges, or delays in shipment, wholesale supply rates etc) which are beyond the date of orderSeller’s control.
5.3 6.3 Variations will be charged for on the basis of the SupplierSeller’s quotationPrice, and will be detailed in writing, and shown as variations on the SupplierSeller’s invoice. The Client Customer shall be required to respond to any variation submitted by the Supplier Seller within ten (10) working days. Failure to do so will entitle the Supplier Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 6.4 At the SupplierSeller’s sole discretion, discretion a bond and/or non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 6.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client Customer on the date/s determined by the SupplierSeller, which may be:
(a) on Delivery;delivery of the Goods; or
(b) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
(c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(ec) failing any notice to the contraryfor certain approved Customers, the date which is seven due twenty (720) days following the date end of any the month in which an invoice given is sent to the Client by Customer’s address or address for notices; or
(d) immediately payable at the Suppliertime the Customer places an order for any non-stock list item or bespoke Goods that the Seller have to pay to any third- party supplier.
5.6 6.6 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, banking or credit card (a surcharge per transaction may apply), ) or by any other method as agreed to between the Client Customer and the SupplierSeller.
5.7 6.7 The Supplier Seller may in its discretion allocate any payment received from the Client Customer towards any invoice that the Supplier Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Customer the Supplier Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the SupplierSeller, payment will be deemed to be allocated in such manner as preserves the maximum value of the SupplierSeller’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 6.8 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by the Supplier Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to the Supplier Seller an amount equal to any GST the Supplier Seller must pay for any supply by the Supplier Seller under this or any other agreement for the sale of the Goods. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Sales Contracts
Price and Payment. 5.1 7.1 At the SupplierSeller’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Supplier Seller to the Client; or
(b) the Price at the date of supply of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the SupplierSeller’s quoted price (subject to clause 5.27.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 7.2 The Supplier Seller reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation Goods which are to be supplied is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;; or
(b) if during a variation to the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both partiesServices originally scheduled (including any applicable plans or specifications) is requested; or
(c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, prerequisite work by any increase third party not being completed, obscured building defects, change of design or colour, hidden pipes and wiring in currency rates walls etc) which are only discovered on commencement of exchange and the Services; or
(d) in the event of increases to the Seller in the cost of materials, labour, transport, insurance, taxes, legislation labour or any other items as at materials which are beyond the date of orderSeller’s control.
5.3 Variations will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 7.3 At the SupplierSeller’s sole discretion, discretion a bond and/or non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 7.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the SupplierSeller, which may be:
(a) on Deliverydelivery of the Goods;
(b) by way of instalments/progress payments in accordance with the SupplierSeller’s payment schedule;
(c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered posted to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the SupplierSeller.
5.6 7.5 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client and the SupplierSeller.
5.7 The Supplier may in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 7.6 Unless otherwise stated the Price does not include GST. In addition to the Price, Price the Client must pay to the Supplier Seller an amount equal to any GST the Supplier Seller must pay for any supply by the Supplier Seller under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Warranty
Price and Payment. 5.1 At 7.1 Subject to the following provisions of this Clause 7, the price for each type of Goods shall be the Supplier’s sole discretion the Price ex-factory price for those Goods.
7.2 The Supplier shall be either:
(a) as indicated on entitled to increase its ex-factory prices for the Goods at the end of each Year, or more frequently if and to the extent that the Supplier, in its sole discretion, considers the same to be justified by any invoice provided material increase in the prices of raw materials used by the Supplier in the manufacture of the Goods, or the price does not accurately reflect labour resources required and the Supplier shall promptly notify the Buyer of any such increases.
7.3 The Supplier shall be entitled to increase the price for the Goods to cover extra expense resulting from the Buyer’s instructions or lack of instructions.
7.4 The price for the Goods shall be exclusive of:
7.4.1 any costs of packaging, carriage and insurance of the Goods; and
7.4.2 any value added tax or other applicable tax or duty, which shall be added to the Client; orsum in question.
(b) 7.5 The Supplier shall invoice the Price at Buyer for the date price in respect of supply all deliveries of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight (28) days.
5.2 The Supplier reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening chargesmade under this Agreement, and all saleable and consumable items;
(b) if during the course of Buyer shall pay the Services, the Goods cease sums shown to be available due to such bank account as the Supplier may from time to time nominate, and in any event within 30 Days from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 Variations will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation which each invoice is submitted by the Supplier within ten Supplier. We offer, (10) working days. Failure in our absolute discretion), 30 day end of month credit accounts to do so will entitle eligible Buyers.
7.6 If either Party fails to pay on the Supplier due date any amount which is payable to add the cost other Party under this Agreement, then without prejudice to any other right or remedy of the variation to other Party:
7.6.1 that amount shall bear interest from the Price. Payment for all variations must be due date until payment is made in full at a rate of 8% per cent above Xxxxxxx’x Bank base rate, both before and after any judgment, in addition to late payment fees; and
7.6.2 in the time case of their completion.
5.4 At an outstanding amount due and payable from the Supplier’s sole discretion, a bond and/or deposit may be required prior to DeliveryBuyer, the amount of which Supplier shall be stated on entitled to suspend deliveries of the quotation, order, hire Contract, or any other authorisation form as provided Goods until the outstanding amount has been received by the Supplier to the Client.
5.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Supplier, which may be:
(a) on Delivery;
(b) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
(c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Supplier.
5.6 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client and the Supplier.
5.7 The Supplier may in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the GoodsBuyer.
5.8 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Terms and Conditions of Business
Price and Payment. 5.1 At 4.1 In consideration of the Supplier’s sole discretion provision of the Services, the Client will pay the Supplier the Price shall in accordance with this Agreement.
4.2 The Client will be either:
charged for the Services for the full Hire Period. A Schedule will specify the Price (aincluding the Hire Charges) as indicated on any invoice provided by the Supplier that will apply to the Client; orServices and the method of calculation.
(b) 4.3 If a Minimum Hire Period is specified, the Client must pay the Price at applicable to the date of supply of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight (28) daysMinimum Hire Period.
5.2 4.4 The Supplier reserves the right to change the Price:
(aPrice under clause 16.1(e) if in relation to a failure to comply with the insurance provisions in clause 26 or in the event of a variation to the Supplier’s quotation quotation.
4.5 The Supplier may adjust the Price to include the following charges:
(a) Mobilisation and demobilisation when the Supplier is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable itemsrequired to transport the Equipment to or from the Supplier’s premises;
(b) if during the course Additional charges in respect of the Services, the Goods cease to be available from the Supplier’s third party suppliersPersonnel for loadings, then penalties, and allowances paid to the Supplier reserves the right Supplier’s Personnel pursuant to provide alternative Goodstheir terms of engagement, subject to prior confirmation including night shifts, weekends, public holidays, standby, overtime, meals, travel and agreement of both parties; oraccommodation;
(c) or Where Equipment is used by the Client to Excess, any increase additional charge imposed by the Supplier as reasonable compensation for such Excess;
(d) Any applicable fuel levy, administration levy notified to the Client by the Supplier in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of orderadvance.
5.3 Variations will be charged for on the basis of 4.6 At the Supplier’s quotationsole discretion, and will a non-refundable deposit may be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completionrequired.
5.4 4.7 At the Supplier’s sole discretion, a bond and/or deposit may be required prior to Delivery, the amount of which shall be stated on refunded upon return of the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier Equipment in a condition acceptable to the ClientSupplier.
5.5 4.8 Time for payment for the Goods being Services shall be of the essence, the Price essence and will be payable by the Client stated on the date/s determined by the Supplier, which may be:
(a) on Delivery;
(b) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
(c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
(d) the date specified on any invoice or any other form as being the date for payment; or
forms. If no time is stated then payment shall be due thirty (e) failing any notice to the contrary, the date which is seven (730) days following the date of any invoice given the invoice.
4.9 The Price is subject to change at the Supplier’s discretion in accordance with clause 29.9. The date upon which the Client by the Supplieradvises of termination shall in all cases be treated as a full day’s hire.
5.6 4.10 Payment may will be made by cash, or by cheque, or by bank cheque, direct debit, electronic/on-line banking, or by credit card (plus a surcharge per transaction may applyof up to two percent (2%) of the Price), or by direct credit, or by any other method as agreed to between the Client and the Supplier.
5.7 The Supplier may in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines 4.11 GST and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplierother taxes, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes charges and duties that may be applicable in addition shall be added to the Price except where when they are expressly included in the Price.
4.12 The Supplier is not required to enter into any Client created tax invoice arrangements with the Client.
4.13 No claim for credit will be recognised by the Supplier after five Business Days following the date of a tax invoice issued by the Supplier.
4.14 The Client shall not set-off any amounts due under any tax invoice in respect of a request for credit or other disputed amount.
4.15 If any Party is required to indemnify or reimburse a part of a cost, expense or liability (Expense) incurred by another Party, then the Expense shall be reduced by the credit or refund of GST to which the party which first incurred the Expense is entitled to claim in respect of the Expense.
4.16 If any amount of an invoice is disputed by the Client, the Client must, on or before the date for payment on the invoice (or if no time is stated on the invoice, then thirty (30) days following the date of the invoice):
(a) pay the undisputed amount in accordance with this Agreement, and
(b) provide the Supplier with a statement of reasons for the differences in calculation for the disputed amount.
(c) subject to clause # [dispute resolution for matters other than money] if the parties cannot reach agreement on the disputed amount of the invoice within thirty days of the Client’s receipt of the invoice, then subject to clause either party may proceed to litigation.
4.17 Subject to clause 19 notwithstanding any dispute as to any amount owed by a party to the other party under this Agreement, each party must continue to perform its obligations and discharge its liabilities and will continue to exercise its rights, powers, and remedies under this Agreement.
Appears in 1 contract
Samples: Equipment Hire Agreement
Price and Payment. 5.1 At the SupplierContractor’s sole discretion discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier Contractor to the Client; or
(b) the Price as at the date of supply delivery of the Goods as stipulated in according to the SupplierContractor’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Clientlist; or
(c) the SupplierContractor’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier Contractor reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation Goods which are to be supplied is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;; or
(b) if during a variation to the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both partiesServices originally scheduled (including any applicable plans or specifications) is requested; or
(c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, safety considerations, prerequisite work by any increase third party not being completed etc ) which are only discovered on commencement of the Services; or
(d) in the event of fluctuations in foreign currency rates of exchange exchange, taxes, levies, and/or international freight and insurance charges or increases to the Contractor in the cost of materials, labour, transport, insurance, taxes, legislation labour or any other items as at Goods which are beyond the date of orderContractor’s control.
5.3 Variations will be charged for on the basis of the SupplierContractor’s quotation, and will be detailed in writing, and shown as variations on the SupplierContractor’s invoice. The Client shall be required to respond to any variation submitted by the Supplier Contractor within ten (10) working days. Failure to do so will entitle the Supplier Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 At the SupplierContractor’s sole discretion, a bond and/or non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the SupplierContractor, which may be:
(a) on Deliverydelivery of the Goods;
(b) before delivery of the Goods;
(c) by way of instalments/progress payments in accordance with the SupplierContractor’s payment schedule;
(c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven fourteen (714) days following the date of any invoice given to the Client by the SupplierContractor.
5.6 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge may apply per transaction may applytransaction), or by any other method as agreed to between the Client and the SupplierContractor.
5.7 The Supplier may in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier Contractor nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 5.8 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier Contractor an amount equal to any GST the Supplier Contractor must pay for any supply by the Supplier Contractor under this or any other agreement Agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Service Agreement
Price and Payment. 5.1 At the Supplier’s sole discretion discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier to the ClientCustomer; or
(b) the Price as at the date of supply Delivery of the Goods as stipulated in according to the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Clientlist; or
(c) the Supplier’s estimated Price (subject to clause 6.1) which shall not be deemed binding upon the Supplier as the actual Price can only be determined upon completion of the Services. The Supplier undertakes to keep the Customer informed should the actual Price look likely to exceed the original estimate; or
(d) the Supplier’s quoted price (subject to clause 5.26.1) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 Variations will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 At the Supplier’s sole discretion, a bond and/or non-refundable deposit may be required prior to Delivery, the amount or percentage of which will be stipulated at the time of the Customer’s order and shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientbecome immediately due and payable.
5.5 5.3 Time for payment for the Goods being of the essence, the Price will be payable by the Client Customer on the date/s determined by the Supplier, which may be:
(a) on Deliverybefore Delivery of the Goods;
(b) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
(c) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is shall either be seven (7), fourteen (14) or thirty (30) days following the date of any invoice given to the Client Customer by the Supplier.
5.6 5.4 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge may apply per transaction may applytransaction), or by any other method as agreed to between the Client Customer and the Supplier.
5.7 5.5 The Supplier may in its discretion allocate any payment received from the Client Customer towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Customer the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 5.6 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 5.7 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Service Agreement
Price and Payment. 5.1 At 8.1 The price of the SupplierGoods shall be
8.1.1 the price set out in DT’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Supplier to the Clientacceptance of an Order Request; or
(b) 8.1.2 if no price is quoted, the Price price set out in DT’s online published price list in force as at Delivery
8.2 DT may, by giving notice to the date of supply Customer at any time up to 10 Business Days before delivery, increase the price of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight (28) days.
5.2 The Supplier reserves the right to change the Price:
(a) if a variation to the Supplier’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or reflect any increase in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 Variations will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation Goods that is due to:
8.2.1 any factor beyond DT’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
8.2.2 any request by the Customer to change the Price. Payment for all variations must be made in full at delivery date(s), quantities or types of Goods ordered, or the time specification; or
8.2.3 any delay caused by any instructions of their completionthe Customer or failure of the Customer to give DT adequate or accurate information or instructions.
5.4 At 8.3 The price of the Supplier’s sole discretionGoods is exclusive of the costs and charges of packaging, a bond and/or deposit may be required prior to Deliveryinsurance and transport of the Goods, the amount of which shall be stated on invoiced to the quotationCustomer. The Customer shall also be responsible for any costs associated with the packaging, order, hire Contract, or insurance and transport of the Goods in connection with any other authorisation form as provided resale of the Goods by the Supplier to the ClientCustomer.
5.5 Time 8.4 The prices for payment Goods are exclusive of all taxes, duties, levies and other charges imposed by government (“Taxes”). Where Taxes are chargeable or otherwise payable by DT in respect of Goods, DT may add such Taxes to its invoice at the appropriate rate, and the Customer shall pay such Taxes together with the invoiced price(s).
8.5 DT may invoice the Customer for the Goods being on or at any time after Delivery. The Customer shall pay such invoice in full and in cleared funds within 30 Days of the essence, date of the Price will be payable by the Client on the date/s determined by the Supplier, which may be:
(a) on Delivery;
(b) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
(c) for certain approved Clients, due twenty (20) days following invoice at the end of the month calendar month, unless agreed otherwise in which a statement is delivered writing. Payment shall be made to the Client’s address or address for notices;bank account nominated in writing by DT. Time of payment is of the essence.
(d) 8.6 If the date specified on Customer fails to make any invoice or other form as being payment due to DT under the Agreement by the due date for payment:
8.6.1 DT may suspend provision of the Goods under an Agreement; orand/or
(e) failing any notice 8.6.2 the Customer shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the contrarydue date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the date which is seven (7) days following interest together with the date of any invoice given to the Client by the Supplieroverdue amount.
5.6 Payment may be made by cash8.7 Both parties shall pay all amounts due under the Agreement in full without any set-off, chequecounterclaim, bank cheque, direct debit, electronic/on-line banking, credit card deduction or withholding (a surcharge per transaction may apply), or by any other method as agreed to between the Client and the Supplier.
5.7 The Supplier may in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
5.8 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier an amount equal to any GST the Supplier must pay except for any supply by the Supplier under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Pricewithholding required by law).
Appears in 1 contract
Samples: Terms and Conditions
Price and Payment. 5.1 At the Supplier’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Supplier to the Client; or
(b) the Price at the date of supply of the Goods as stipulated in the Supplier’s current rate/price schedule/s, which is available for viewing at the Supplier’s premises during normal business hours, or upon request by the Client; or
(c) the Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of twenty-eight thirty (2830) days.
5.2 The Supplier reserves the right to change the Price:
(a) Price if a variation to the Supplier’s quotation is requested, including any additional charges such as: cartage, fuel, stone wear, blade wear, re- sharpening charges, and all saleable and consumable items;
(b) if during the course of the Services, the Goods cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods, subject to prior confirmation and agreement of both parties; or
(c) or any increase in currency rates of exchange and the cost of materials, labour, transport, insurance, taxes, legislation or any other items as at the date of order.
5.3 . Variations will be charged for on the basis of the Supplier’s quotation, and will be detailed in writing, and shown as variations on the Supplier’s invoice. The Client shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.4 5.3 At the Supplier’s sole discretion, discretion a bond and/or non-refundable deposit may be required prior to Delivery, the amount of which shall be stated on the quotation, order, hire Contract, or any other authorisation form as provided by the Supplier to the Clientrequired.
5.5 5.4 Time for payment for the Goods Goods/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by the Supplier, which may be:
(a) on DeliveryDelivery of the Goods/Equipment;
(b) before Delivery of the Goods/Equipment;
(c) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
(cd) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is delivered posted to the Client’s address or address for notices;
(de) the date specified on any invoice or other form as being the date for payment; or
(ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Supplier.
5.6 5.5 Payment may be made by cash, cheque, bank cheque, direct debit, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client and the Supplier.
5.7 5.6 The Supplier may in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods/Equipment.
5.8 5.7 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 5.8 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods/hire of the Equipment. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Appears in 1 contract
Samples: Supply Agreement
