Common use of Price and Terms of Payment Clause in Contracts

Price and Terms of Payment. 3.1. The Purchaser shall pay the Total Purchase Price of each batch of Products in accordance with the payment schedule as set forth in Appendix B. 3.2 All sums payable by the Purchaser to BITMAIN shall not be subject to any abatement, set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Unless otherwise explicitly specified herein, any and all payments made by the Purchaser (including, without limitation, the payment of the Total Purchase Price) are not refundable, but shall be held for credit to Purchaser’s future purchases if unused, unless explicitly identified as a forfeitable payment. Without prejudice to the foregoing, the Parties acknowledge and agree that BITMAIN shall be entitled to deduct from, set-off and apply any and all deposits and balance of the Purchaser for any sums owed by the Purchaser to BITMAIN, including but not limited to any liquidated damages, indemnities, liabilities, etc. 3.3 In the event that the Purchaser fails to fully settle the respective percentage of the Total Purchase Price with respect to any applicable batch before the prescribed deadline(s) as set forth in Appendix B without BITMAIN’s prior written consent, BITMAIN, at its sole discretion, shall be entitled to: (a) charge default interest on all unpaid amount with respect to each applicable batch, at the rate of twelve percent (12%) per annum; and (b) continue to perform its obligations with respect to such applicable batch, provided that, in each case, any and all the losses, claims, damages or liabilities that BITMAIN may suffer shall be fully indemnified by the Purchaser. 3.4 Before the Purchaser makes any payment on any batch of Product(s), the Parties shall confirm and agree on the batch of the Product(s) against which payment is being made. This confirmation shall be used to determine matters where different arrangements are applicable to different batches, including, but not limited to, defaults of the Purchaser and the product discount (if any) offered to the Purchaser. 3.5 The Purchaser shall complete the relevant order processing procedures on the official website of BITMAIN: hxxxx://xxxx.xxxxxxx.xxx (the “BITMAIN Website”) in accordance with BITMAIN’s instructions. 3.6 The Parties understand and agree that the Total Purchase Price is inclusive of the insurance (as set forth in Clause 2 of the Appendix A) fee and applicable bank transaction fee, but is exclusive of the logistics costs of shipping from BITMAIN’s factory to the designated place of the Purchaser, relevant maintenance or other applicable costs of the Purchaser to purchase the Products, and any and all applicable import duties, taxes (any value-added taxes, sales and use tax and other similar turnover tax) and governmental charges. 3.7 The Purchaser is responsible for being compliant with tax filing requirement regulated by any federal, state or local taxing authority in the United States regarding all applicable taxes, including, but not limited to sales and use tax, value added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment of any amounts hereunder. The Purchaser agrees to provide BITMAIN with the tax payment certificate or acknowledgement or the confirmation email issued by the relevant state tax authorities regarding the abovementioned taxes as applicable. 3.8 The Purchaser shall indemnify and hold BITMAIN harmless from and against any and all liability of tax filing, claims, late payment interest, fines, penalties in relation to sales and use tax, value-added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment of any amounts hereunder.

Appears in 1 contract

Samples: Sales and Purchase Agreement (Cleanspark, Inc.)

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Price and Terms of Payment. 3.1. 3.1 The Purchaser purchase price of the Kits purchased by the Buyer under this Agreement in total is 56,850.00 € (in words: fifty six thousand eight hundred fifty euro) (the “Purchase price”) without VAT. 3.2 The Buyer is obliged to submit to the Seller a VAT exemption certificate, in order for VAT not be charged. 3.3 The Parties have agreed that the Buyer shall pay the Total Purchase Price of each batch of Products make payments in accordance with the payment schedule plan as set forth in Appendix B. 3.2 All sums payable by the Purchaser to BITMAIN shall not be subject to any abatement, set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Unless otherwise explicitly specified herein, any and all payments made by the Purchaser (including, without limitation, the payment of the Total Purchase Price) are not refundable, but shall be held for credit to Purchaser’s future purchases if unused, unless explicitly identified as a forfeitable payment. Without prejudice to the foregoing, the Parties acknowledge and agree that BITMAIN shall be entitled to deduct from, set-off and apply any and all deposits and balance of the Purchaser for any sums owed by the Purchaser to BITMAIN, including but not limited to any liquidated damages, indemnities, liabilities, etc. 3.3 In the event that the Purchaser fails to fully settle the respective percentage of the Total Purchase Price with respect to any applicable batch before the prescribed deadline(s) as set forth in Appendix B without BITMAIN’s prior written consent, BITMAIN, at its sole discretion, shall be entitled to: (a) charge default interest on all unpaid amount with respect to each applicable batch, at the rate of twelve percent (12%) per annum; and (b) continue to perform its obligations with respect to such applicable batch, provided that, in each case, any and all the losses, claims, damages or liabilities that BITMAIN may suffer shall be fully indemnified by the Purchaserout below. 3.4 Before The Buyer shall pay to the Purchaser makes any payment on any batch Seller the deposit of Product(s), the Parties shall confirm and agree on the batch 50 % of the Product(s) against which payment is being made. This confirmation shall be used to determine matters where different arrangements are applicable to different batches, including, but not limited to, defaults Purchase price as a security for the fulfilment of this Agreement (the Purchaser and the product discount (if any) offered to the Purchaser“Deposit”). 3.5 The Purchaser Seller shall complete issue the relevant order processing procedures on pro-forma invoice for the official website of BITMAIN: hxxxx://xxxx.xxxxxxx.xxx Deposit no later than fourteen (the “BITMAIN Website”14) in accordance with BITMAIN’s instructionsdays after this Agreement is signed by both Parties. 3.6 The Parties understand and agree that Buyer is obliged to pay the Total Purchase Price is inclusive Deposit within fourteen (14) days after receiving the pro-forma invoice from the Seller by wire transfer to the following bank account of the insurance (as set forth in Clause 2 Seller: bank account number IBAN No.: XX00 0000 0000 0000 0000 0000 0000, kept by NORICUM Trade & Investments Upon receipt of the Appendix A) fee and applicable bank transaction feeDeposit, but is exclusive of the logistics costs of shipping from BITMAIN’s factory Seller shall issue a receipt to the designated place of the Purchaser, relevant maintenance or other applicable costs of the Purchaser to purchase the Products, and any and all applicable import duties, taxes (any value-added taxes, sales and use tax and other similar turnover tax) and governmental chargesBuyer. 3.7 The Purchaser is responsible for being compliant Buyer shall pay to the Seller the outstanding amount of the Purchase price 50% of Purchase price no later than fourteen (14) days after the delivery of the Kits by wire transfer in accordance with tax filing requirement regulated by any federal, state or local taxing authority in the United States regarding all applicable taxes, including, but not limited to sales and use tax, value added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment para 3.5 of any amounts hereunder. The Purchaser agrees to provide BITMAIN with the tax payment certificate or acknowledgement or the confirmation email issued by the relevant state tax authorities regarding the abovementioned taxes as applicablethis Agreement. 3.8 All costs of the Seller related to the delivery of the Kits shall be included in the Purchase price. 3.9 The Purchaser Purchase price includes duties and taxes at the present rates. Any increase in the said duties and taxes as well as new duty, levy or tax to be imposed hereafter on the ordered Kits, on or before its clearance from customs, shall indemnify be payable by the Seller. In such a case, and hold BITMAIN harmless from and against any and all liability in addition to the terms specified in par. 3.1 of tax filingthis agreement, claims, late payment interest, fines, penalties in relation the Buyer is also obliged to sales and use tax, value-added taxes and any other governmental charges and duties connected with provide a Customs exemption certificate to the services provided by BITMAIN or the payment of any amounts hereunderSeller.

Appears in 1 contract

Samples: Purchase Agreement

Price and Terms of Payment. 3.14.1 Price of the Goods sold under this Contract is calculated in US dollars on terms FOB NOVOROSSIYSK 4.2 The price of the Goods with sulphur content, 0.5 max % from Novorossiysk port is based on NOVOROSSIYSK COMMMERCIAL SEA PORT ("NCSP"), per SBLC/MT 103 Payment. FOB NOVOROSSIYSK/DIP AND PAY TERM & TRANSACTION PROCEDURES I. Buyer sends ICPO to Seller on receipt of Seller's Soft Offer II. Seller issues draft contract with commercial invoice to Buyer, Buyer Signs and returns to Seller for final endorsement. III. Buyer Provides for seller, buyer's vessel information and details for clearance nominated vessel terminal.FOB Novorossiysk port Dip and Pay. IV. Seller issue to buyer as listed below: a. DTA- Dip Test Authorization b. Shore Tab Receipt. c. Indigenous Analysis Report. d. SGS Report of the product upon confirmation of buyer’s port clearance by seller. V. Upon confirmation of ACT of TRANSFER in the buyer’s name, seller issue to the buyer Title of ownership certificate to be followed by all export documentation. VI. Buyer conducts Dip Test and lifting commence and buyer releases payment as agreed by both parties after the positive quality and quantity Dip Test Result. VII. The Purchaser subsequent deliveries shall pay commence according to the Total Purchase Price terms and conditions of each batch the contract. 4.3 The total contract quantity of Products the commodity will FOB One million (1,000,000) ± 5% BBL. 4.4 Period of SBLC, MT103 payment should not exceed Five (5) banking days after the date of the CIQ inspection at NOVOROSSIYSK COMMMERCIAL SEA PORT ("NCSP"). 4.5 The bank executing the SBLC, MT103 should be the Bank of the Buyer: 1) The buyer has to make the XXXX, XX000 Wire through his operative bank in accordance with favor of the payment schedule as set forth in Appendix B.seller via Swift Bank to Bank. 3.2 All sums payable by 2) When the Purchaser to BITMAIN shall not be subject to any abatement, set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Unless otherwise explicitly specified herein, any and all payments made by vessel arrives at the Purchaser (including, without limitationdestination port, the payment good pass the re-inspection of the Total Purchase Price) are not refundable, but shall be held for credit to Purchaser’s future purchases if unused, unless explicitly identified as a forfeitable paymentNOVOROSSIYSK COMMMERCIAL SEA PORT ("NCSP"). Without prejudice to the foregoing, the Parties acknowledge Entry-Exit Inspection and agree that BITMAIN shall be entitled to deduct from, set-off and apply any and all deposits and balance of the Purchaser for any sums owed by the Purchaser to BITMAIN, including but not limited to any liquidated damages, indemnities, liabilities, etc. 3.3 In the event that the Purchaser fails to fully settle the respective percentage of the Total Purchase Price with respect to any applicable batch before the prescribed deadline(s) as set forth in Appendix B without BITMAIN’s prior written consent, BITMAIN, at its sole discretion, shall be entitled to: Quarantine Bureau (a) charge default interest on all unpaid amount with respect to each applicable batch, at the rate of twelve percent (12%) per annum; and (b) continue to perform its obligations with respect to such applicable batch, provided that, in each case, any and all the losses, claims, damages or liabilities that BITMAIN may suffer shall be fully indemnified by the Purchaser. 3.4 Before the Purchaser makes any payment on any batch of Product(sCIQ), the Parties shall confirm and agree on the batch of the Product(s) against which payment is being made. This confirmation shall be used to determine matters where different arrangements are applicable to different batches, including, but not limited to, defaults of the Purchaser and the product discount (if any) offered to the Purchaser. 3.5 The Purchaser shall complete the relevant order processing procedures on the official website of BITMAIN: hxxxx://xxxx.xxxxxxx.xxx (the “BITMAIN Website”) in accordance with BITMAIN’s instructions. 3.6 The Parties understand and agree that the Total Purchase Price is inclusive of the insurance (as set forth in Clause 2 of the Appendix A) fee and applicable bank transaction fee, but is exclusive of the logistics costs of shipping from BITMAIN’s factory to the designated place of the Purchaser, relevant maintenance or other applicable costs of the Purchaser to purchase the Products, and any and all applicable import duties, taxes (any value-added taxes, sales and use tax and other similar turnover tax) and governmental charges. 3.7 The Purchaser is responsible for being compliant with tax filing requirement regulated by any federal, state or local taxing authority in the United States regarding all applicable taxes, including, but not limited to sales and use tax, value added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment of any amounts hereunder. The Purchaser agrees buyer will submit all necessary & compulsory documents to provide BITMAIN negotiate with his bank for the tax payment certificate or acknowledgement or the confirmation email issued by the relevant state tax authorities regarding the abovementioned taxes as applicablepayment. 3.8 The Purchaser shall indemnify and hold BITMAIN harmless from and against any and all liability of tax filing, claims, late payment interest, fines, penalties in relation to sales and use tax, value-added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment of any amounts hereunder.

Appears in 1 contract

Samples: Sales Contract

Price and Terms of Payment. 3.1. The Purchaser shall pay the Total Purchase Price of each batch of Products in tranches in accordance with the payment schedule as set forth in Appendix B. 3.2 All sums payable by the Purchaser to BITMAIN shall not be subject to any abatement, set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Unless otherwise explicitly specified herein, any and all payments made by the Purchaser (including, without limitation, the payment of the Total Purchase Price) are not refundable, but shall be held for credit to Purchaser’s future purchases if unused, unless explicitly identified as a forfeitable payment. Without prejudice to the foregoing, the Parties acknowledge and agree that BITMAIN shall be entitled to deduct from, set-off and apply any and all deposits and balance of the Purchaser for any sums owed by the Purchaser to BITMAIN, including but not limited to any liquidated damages, indemnities, liabilities, etc. 3.3 In the event that the Purchaser fails to fully settle the respective percentage of the Total Purchase Price with respect to any applicable batch before the prescribed deadline(s) as set forth in Appendix B without BITMAIN’s prior written consent, BITMAIN, at its sole discretion, shall be entitled to: (a) charge default interest on all unpaid amount with respect to each applicable batch, at the rate of twelve percent (12%) per annum; and (b) continue to perform its obligations with respect to such applicable batch, provided that, in each case, any and all the losses, claims, damages or liabilities that BITMAIN may suffer shall be fully indemnified by the Purchaser. 3.4 Before the Purchaser makes any payment on any batch of Product(s), the Parties shall confirm and agree on the batch of the Product(s) against which payment is being made. This confirmation shall be used to determine matters where different arrangements are applicable to different batches, including, but not limited to, defaults of the Purchaser and the product discount (if any) offered to the Purchaser. 3.5 The Purchaser shall complete the relevant order processing procedures on the official website of BITMAIN: hxxxx://xxxx.xxxxxxx.xxx (the “BITMAIN Website”) in accordance with BITMAIN’s instructions.. v1.0.0.20231008 (Antminer S21 -US) 3.6 The Parties understand and agree that the Total Purchase Price is inclusive of the insurance (as set forth in Clause 2 of the Appendix A) fee and applicable bank transaction fee, but is exclusive of the logistics costs of shipping from BITMAIN’s factory factory/warehouse to the designated place of the Purchaser, relevant maintenance or other applicable costs of the Purchaser to purchase the Products, and any and all applicable import duties, taxes (any value-added taxes, sales and use tax and other similar turnover tax) and governmental charges. 3.7 The Purchaser is responsible for being compliant with tax filing requirement regulated by any federal, state or local taxing authority in the United States regarding all applicable taxes, including, but not limited to sales and use tax, value added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment of any amounts hereunder. The Purchaser agrees to provide BITMAIN with the tax payment certificate or acknowledgement or the confirmation email issued by the relevant state tax authorities regarding the abovementioned taxes as applicable. 3.8 The Purchaser shall indemnify and hold BITMAIN harmless from and against any and all liability of tax filing, claims, late payment interest, fines, penalties in relation to sales and use tax, value-added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment of any amounts hereunder.

Appears in 1 contract

Samples: Sales Contracts (Cleanspark, Inc.)

Price and Terms of Payment. 3.1. The Purchaser shall pay the Total Purchase Price of each batch of Products in tranches in accordance with the payment schedule as set forth in Appendix B. 3.2 All sums payable by the Purchaser to BITMAIN shall not be subject to any abatement, set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Unless otherwise explicitly specified herein, any and all payments made by the Purchaser (including, without limitation, the payment of the Total Purchase Price) are not refundable, but shall be held for credit to Purchaser’s 's future purchases if unused, unless explicitly identified as a forfeitable payment. Without prejudice to the foregoing, the Parties acknowledge and agree that BITMAIN shall be entitled to deduct from, set-off and apply any and all deposits and balance of the Purchaser for any sums owed by the Purchaser to BITMAIN, including but not limited to any liquidated damages, indemnities, liabilities, etc. 3.3 In the event that the Purchaser fails to fully settle the respective percentage of the Total Purchase Price with respect to any applicable batch before the prescribed deadline(s) as set forth in Appendix B without BITMAIN’s 's prior written consent, BITMAIN, at its sole discretion, shall be entitled to: (a) charge default interest on all unpaid amount with respect to each applicable batch, at the rate of twelve percent (12%) per annum; and (b) continue to perform its obligations with respect to such applicable batch, provided that, in each case, any and all the losses, claims, damages or liabilities that BITMAIN may suffer shall be fully indemnified by the Purchaser. 3.4 Before the Purchaser makes any payment on any batch of Product(s), the Parties shall confirm and agree on the batch of the Product(s) against which payment is being made. This confirmation shall be used to determine matters where different arrangements are applicable to different batches, including, but not limited to, defaults of the Purchaser and the product discount (if any) offered to the Purchaser. 3.5 The Purchaser shall complete the relevant order processing procedures on the official website of BITMAIN: hxxxx://xxxx.xxxxxxx.xxx (the "BITMAIN Website") in accordance with BITMAIN’s 's instructions. 3.6 The Parties understand and agree that the Total Purchase Price is inclusive of the insurance (as set forth in Clause 2 of the Appendix A) fee and applicable bank transaction fee, but is exclusive of the logistics costs of shipping from BITMAIN’s factory 's factory/warehouse to the designated place of the Purchaser, relevant maintenance or other applicable costs of the Purchaser to purchase the Products, and any and all applicable import duties, taxes (any value-added taxes, sales and use tax and other similar turnover tax) and governmental charges. 3.7 The Purchaser is responsible for being compliant with tax filing requirement regulated by any federal, state or local taxing authority in the United States regarding all applicable taxes, including, but not limited to sales and use tax, value added taxes and any other v I.0.0.20230922(Antminer S21_Phase I-US) governmental charges and duties connected with the services provided by BITMAIN or the payment of any amounts hereunder. The Purchaser agrees to provide BITMAIN with the tax payment certificate or acknowledgement or the confirmation email issued by the relevant state tax authorities regarding the abovementioned above mentioned taxes as applicable. 3.8 The Purchaser shall indemnify and hold BITMAIN harmless from and against any and all liability of tax filing, claims, late payment interest, fines, penalties in relation to sales and use tax, value-added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment of any amounts hereunder.

Appears in 1 contract

Samples: Sales and Purchase Agreement (Cleanspark, Inc.)

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Price and Terms of Payment. 3.14.1 The purchase price for the Goods is stipulated on the basis of the Seller's price offer no. KB/18/02 dated August 12th 2018 calculated within the tender procedure for the Subject of Contract pursuant to this Contract. 4.2 The Purchaser purchase price for the Goods pursuant to Article II., par. 2.1 hereof is £ 33 671.00 excl. VAT (in words thirty three thousand six hundred and seventy one pound sterling). 4.3 The purchase price includes all costs connected with performance of the Subject of Contract counting transport. 4.4 The purchase price may be increased only in connection with a change to tax regulations stipulating VAT while in such case VAT in the amount stipulated by valid and effective Act. No. 235/2004 Coll., on VAT, shall be added to unchangeable purchase price pursuant to paragraph 4.2 of this article. 4.5 The Buyer shall pay the Total Purchase Price purchase price in pound sterling (£) on the basis of each batch an accounting and tax document - an invoice, delivered to the Buyer within 20 calendar days after taking over the Goods by the Buyer. 4.6 The protocol about handing over and taking over the subject of Products performance signed by person authorized to act on behalf of the Buyer pursuant to Article III., par. 3.2 hereof must be attached to the invoice. 4.7 The accounting and tax document - the invoice - must contain all of the details required for a proper accounting and tax document in accordance with applicable legal regulations, particularly Act No. 563/1991 Coll., on Accounting, as amended and Act No. 235/2004 Coll., on VAT as amended. In case that the invoice contains factual on formal errors or it does not contain all legal details or attachment pursuant to the foregoing paragraph the Buyer will be entitled to return it within the due date to the Seller for completion without getting into delay. The payment schedule as set forth period shall recommence from delivery of the properly completed or corrected document to the Buyer. The invoice shall be always issued in Appendix B.two copies and contain the following details: • invoice identification and number; • Seller's name and registered seat; • Seller’s bank details; • subject of Contract; • date of taxable fulfilment and date of tax document issue; • due date; • invoiced amount excluding VAT and including VAT, due date of the invoiced amount; • specification of delivered goods and services; 3.2 All sums payable by 4.8 Each invoice must be paid within 30 days from the Purchaser date of its provable delivery to BITMAIN the Buyer in accordance with Article IV., par. 4.5 hereof. 4.9 The Buyer shall not be subject to pay the Seller any abatement, set-off, claim, counterclaim, adjustment, reduction, or defense advances for any reason. Unless otherwise explicitly specified herein, any and all payments made by the Purchaser (including, without limitation, purchase price. 4.10 Should the Buyer become delayed with the payment of the Total Purchase Price) are not refundable, but shall be held for credit due invoice containing details pursuant to Purchaser’s future purchases if unused, unless explicitly identified as a forfeitable paymentpar. Without prejudice to the foregoing4.8 of this Article, the Parties acknowledge and agree that BITMAIN Seller shall be entitled to deduct from, set-off and apply any and all deposits and balance of require the Purchaser for any sums owed by Buyer to pay only the Purchaser to BITMAIN, including but not limited to any liquidated damages, indemnities, liabilities, etc. 3.3 In the event that the Purchaser fails to fully settle the respective percentage of the Total Purchase Price with respect to any applicable batch before the prescribed deadline(s) as set forth in Appendix B without BITMAIN’s prior written consent, BITMAIN, at its sole discretion, shall be entitled to: (a) charge default contractual late payment interest on all unpaid amount with respect to each applicable batch, at the rate of twelve percent (12%) per annum; and (b) continue to perform its obligations 0.5 % of the owed amount for each commenced day of delay with respect to such applicable batch, provided that, in each case, any and all payment of the losses, claims, damages or liabilities that BITMAIN may suffer shall be fully indemnified by the Purchaserinvoice. 3.4 Before 4.11 The Contracting Parties have explicitly agreed that the Purchaser makes any payment on any batch of Product(s)Buyer is be entitled to offset his, the Parties shall confirm and agree even not yet mature receivables arisen on the batch basis hereof against the Seller's receivable of the Product(s) against which payment is being made. This confirmation shall be used to determine matters where different arrangements are applicable to different batches, including, but not limited to, defaults purchase price also regardless of the Purchaser and the product discount (if any) offered to the Purchaserits maturity. 3.5 The Purchaser shall complete the relevant order processing procedures on the official website of BITMAIN: hxxxx://xxxx.xxxxxxx.xxx (the “BITMAIN Website”) in accordance with BITMAIN’s instructions. 3.6 The Parties understand and agree that the Total Purchase Price is inclusive of the insurance (as set forth in Clause 2 of the Appendix A) fee and applicable bank transaction fee, but is exclusive of the logistics costs of shipping from BITMAIN’s factory to the designated place of the Purchaser, relevant maintenance or other applicable costs of the Purchaser to purchase the Products, and any and all applicable import duties, taxes (any value-added taxes, sales and use tax and other similar turnover tax) and governmental charges. 3.7 The Purchaser is responsible for being compliant with tax filing requirement regulated by any federal, state or local taxing authority in the United States regarding all applicable taxes, including, but not limited to sales and use tax, value added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment of any amounts hereunder. The Purchaser agrees to provide BITMAIN with the tax payment certificate or acknowledgement or the confirmation email issued by the relevant state tax authorities regarding the abovementioned taxes as applicable. 3.8 The Purchaser shall indemnify and hold BITMAIN harmless from and against any and all liability of tax filing, claims, late payment interest, fines, penalties in relation to sales and use tax, value-added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment of any amounts hereunder.

Appears in 1 contract

Samples: Purchase Contract

Price and Terms of Payment. 3.14.1 Price of the Goods sold under this Contract is calculated in US dollars on terms FOB NOVOROSSIYSK COMMMERCIAL SEA PORT ("NCSP"). 4.2 The price of the Goods with sulphur content, 0.5 max % from Novorossiysk port is based on NOVOROSSIYSK COMMMERCIAL SEA PORT ("NCSP"), per SBLC/MT 103 Payment. FOB NOVOROSSIYSK/DIP AND PAY TERM & TRANSACTION PROCEDURES I. Buyer sends ICPO to Seller on receipt of Seller's Soft Offer II. Seller issues draft contract with commercial invoice to Buyer, Buyer Signs and returns to Seller for final endorsement. III. Buyer Provides for seller, buyer's vessel information and details for clearance nominated vessel terminal.FOB Novorossiysk port Dip and Pay. IV. Seller issue to buyer as listed below: a. DTA- Dip Test Authorization b. Shore Tab Receipt. c. Indigenous Analysis Report. d. SGS Report of the product upon confirmation of buyer’s port clearance by seller. V. Upon confirmation of ACT of TRANSFER in the buyer’s name, seller issue to the buyer Title of ownership certificate to be followed by all export documentation. VI. Buyer conducts Dip Test and lifting commence and buyer releases payment as agreed by both parties after the positive quality and quantity Dip Test Result. VII. The Purchaser subsequent deliveries shall pay commence according to the Total Purchase Price terms and conditions of each batch the contract. 4.3 The total contract quantity of Products the commodity will FOB One million (1,000,000) ± 5% BBL. 4.4 Period of SBLC, MT103 payment should not exceed Five (5) banking days after the date of the CIQ inspection at NOVOROSSIYSK COMMMERCIAL SEA PORT ("NCSP"). 4.5 The bank executing the SBLC, MT103 should be the Bank of the Buyer: 1) The buyer has to make the XXXX, XX000 Wire through his operative bank in accordance with favor of the payment schedule as set forth in Appendix B.seller via Swift Bank to Bank. 3.2 All sums payable by 2) When the Purchaser to BITMAIN shall not be subject to any abatement, set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Unless otherwise explicitly specified herein, any and all payments made by vessel arrives at the Purchaser (including, without limitationdestination port, the payment good pass the re-inspection of the Total Purchase Price) are not refundable, but shall be held for credit to Purchaser’s future purchases if unused, unless explicitly identified as a forfeitable paymentNOVOROSSIYSK COMMMERCIAL SEA PORT ("NCSP"). Without prejudice to the foregoing, the Parties acknowledge Entry-Exit Inspection and agree that BITMAIN shall be entitled to deduct from, set-off and apply any and all deposits and balance of the Purchaser for any sums owed by the Purchaser to BITMAIN, including but not limited to any liquidated damages, indemnities, liabilities, etc. 3.3 In the event that the Purchaser fails to fully settle the respective percentage of the Total Purchase Price with respect to any applicable batch before the prescribed deadline(s) as set forth in Appendix B without BITMAIN’s prior written consent, BITMAIN, at its sole discretion, shall be entitled to: Quarantine Bureau (a) charge default interest on all unpaid amount with respect to each applicable batch, at the rate of twelve percent (12%) per annum; and (b) continue to perform its obligations with respect to such applicable batch, provided that, in each case, any and all the losses, claims, damages or liabilities that BITMAIN may suffer shall be fully indemnified by the Purchaser. 3.4 Before the Purchaser makes any payment on any batch of Product(sCIQ), the Parties shall confirm and agree on the batch of the Product(s) against which payment is being made. This confirmation shall be used to determine matters where different arrangements are applicable to different batches, including, but not limited to, defaults of the Purchaser and the product discount (if any) offered to the Purchaser. 3.5 The Purchaser shall complete the relevant order processing procedures on the official website of BITMAIN: hxxxx://xxxx.xxxxxxx.xxx (the “BITMAIN Website”) in accordance with BITMAIN’s instructions. 3.6 The Parties understand and agree that the Total Purchase Price is inclusive of the insurance (as set forth in Clause 2 of the Appendix A) fee and applicable bank transaction fee, but is exclusive of the logistics costs of shipping from BITMAIN’s factory to the designated place of the Purchaser, relevant maintenance or other applicable costs of the Purchaser to purchase the Products, and any and all applicable import duties, taxes (any value-added taxes, sales and use tax and other similar turnover tax) and governmental charges. 3.7 The Purchaser is responsible for being compliant with tax filing requirement regulated by any federal, state or local taxing authority in the United States regarding all applicable taxes, including, but not limited to sales and use tax, value added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment of any amounts hereunder. The Purchaser agrees buyer will submit all necessary & compulsory documents to provide BITMAIN negotiate with his bank for the tax payment certificate or acknowledgement or the confirmation email issued by the relevant state tax authorities regarding the abovementioned taxes as applicablepayment. 3.8 The Purchaser shall indemnify and hold BITMAIN harmless from and against any and all liability of tax filing, claims, late payment interest, fines, penalties in relation to sales and use tax, value-added taxes and any other governmental charges and duties connected with the services provided by BITMAIN or the payment of any amounts hereunder.

Appears in 1 contract

Samples: Sales Contracts

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