Price; Payment Terms. Subject to the paragraph below and unless otherwise agreed by the parties, payment terms are net sixty (60) days from the date of receipt of invoice. Prices for all Materials and Services purchased by Buyer hereunder shall be as set forth in Buyer’s Purchase Order. No extra charges of any kind will be allowed unless prior written consent thereto is specifically provided by Xxxxx. It is the sole responsibility of Supplier to provide clear and timely notification to Buyer of any changes to payment instructions. In the absence of any such confirmation, Buyer will pay according to previously provided or last known banking or remit-to information. All claims for money due or to become due from Buyer will be subject to deduction or set off by Buyer for any counterclaim arising from this or any other transaction with Supplier. Supplier shall pay promptly all indebtedness for labor, materials, tools, and equipment used in the performance of Services and provision of Materials. Before Supplier shall be entitled to receive payment, Supplier shall furnish evidence satisfactory to Buyer of the full payment of such indebtedness including any affidavit of subcontractors or suppliers furnishing materials or labor before any payments are required to be made to Supplier. In many states, THE LAW REQUIRES THAT SUPPLIER SHALL SUBMIT A SWORN STATEMENT OF PERSONS FURNISHING MATERIALS AND SERVICES BEFORE ANY PAYMENTS ARE REQUIRED TO BE MADE TO SUPPLIER. If any lien shall attach to premises of Buyer as a result of Services or Material provided by Supplier, Supplier shall promptly procure its release and hold Buyer harmless from any and all claims, losses, costs, damages, or expenses (including reasonable attorneys’ fees) relating thereto. To the extent permitted by law, Supplier waives and hereby releases Buyer and the premises of Buyer from any and all liens accrued or accruing to it whatsoever and authorizes Buyer to withhold payments due to Supplier for the applicable statutory period to pay any liens arising from the Services and Materials provided by Supplier.
Price; Payment Terms. Prices for the Goods and/or Services will be set out in the applicable Order. Price increases or charges not expressly set out in the Purchase Order shall not be effective unless agreed to in advance in writing by Buyer. Supplier will issue all invoices on a timely basis. All invoices delivered by Supplier must meet Buyer’s requirements, and at a minimum shall reference the applicable Purchase Order. Buyer will pay the undisputed portion of properly rendered invoices thirty-five (35) days from the invoice date. Buyer shall have the right to withhold payment of any invoiced amounts that are disputed in good faith until the parties reach an agreement with respect to such disputed amounts and such withholding of disputed amounts shall not be deemed a breach of this Agreement nor shall any interest be charged on such amounts. Notwithstanding the foregoing, Buyer agrees to pay the balance of the undisputed amounts on any invoice that is the subject of any dispute within the time periods specified herein.
Price; Payment Terms. The price to be paid by Buyer for the goods that are the subject hereof (the “Goods”) are set forth on Seller’s invoice. The Buyer shall pay all amounts due and owing under each invoice in accordance with the payment terms in the invoice. All payments shall be in U.S. dollars and made by check or electronic transfer. Except for invoiced payments that the Buyer has successfully disputed as set forth below, all late payments shall bear interest at the lesser of (i) one and one-half percent (1.5%) per month (eighteen percent (18%) per annum) and (ii) the highest amount permitted by law. In addition to all other remedies available to Seller (whether hereunder or otherwise according to law or in equity, which Seller does not waive by the exercise of any rights hereunder), the Seller shall be entitled to suspend the provision of any services and/or the delivery of any products if the Buyer fails to pay any undisputed amounts when due and such failure continues for ten (10) days following written notice thereof.
Price; Payment Terms. Prices for Products (a) shall be valid for 30 days from the quotation date, unless otherwise stated thereon, and (b) do not include (i) taxes and other charges imposed by governmental or regulatory authorities in connection with the sale, use, or delivery of Product and the provision of any services, and (ii) shipping and handling charges, including insurance, brokerage fees, special packaging, and transportation (collectively, “Shipping Charges”). Customer is responsible for all Taxes (except ThinGap income taxes) and Shipping Charges. All Product pricing, quotations and price lists are confidential and proprietary to ThinGap, and Customer shall not disclose the foregoing to any third party. If payment terms are approved, all payments must be made in U.S. dollars and received by ThinGap within 30 days of the invoice date. Payments from Customers may be made by wire transfer to ThinGap’s designated account or via check or credit card. If Customer does not pay the total invoice amount when due, Customer will pay ThinGap a fee of 1-1/2% per month (or, the maximum rate allowable by law, if lower) on the unpaid balance. If Customer is delinquent in the payment of any invoice or is otherwise in breach of this Agreement, ThinGap has the right, without liability, to withhold additional shipments of Product or Services to Customer, withdraw acceptance of POs, and/or impose additional credit terms. Customer hereby grants ThinGap a security interest in the Products to secure payment therefor. Upon ThinGap’s request, Customer will execute all financing statements and related documents as reasonably necessary to perfect such interest. Customer shall have no right of set-off. Customer will pay all costs and expenses (including reasonable attorneys’ fees) incurred by ThinGap in enforcing its rights under this Agreement. Any credit or payment terms that vary from this Section 3 are subject to ThinGap’s prior written approval.
Price; Payment Terms. 5.1 The purchase price for the Supplies is set forth in the Order and is in U.S. Dollars unless otherwise stated. Unless otherwise stated in the Order, the purchase price: (i) is a firm fixed price for the duration of the Order and not subject to increase for any reason, including but not limited to increased raw material costs, increased labor or other manufacturing costs, increased development costs, currency fluctuations or changes in volumes or program length from those estimated or expected; (ii) is inclusive of all federal, state, provincial, value added and local taxes and any duties applicable to provision of the Supplies; and
Price; Payment Terms. The price for Product sold hereunder (the “Price”) shall be based on market-price bids from Gavilon’s customers, less (a) Logistics Costs and (b) the applicable Service Fee. Gavilon agrees to use commercially reasonable efforts to achieve the highest Price available under prevailing market conditions. Payments on all undisputed amounts shall be made within ten (10) business days from Gavilon’s receipt of the information set forth in Section 2.4. Payments shall be made via wire to a bank account specified by the Producer. * Portion omitted pursuant to request for confidential treatment filed separately with the Securities and Exchange Commission.
Price; Payment Terms. The price for Product sold hereunder (the “Price”) shall be based on market-price bids from Gavilon’s customers, less (a) Logistics Costs and (b) the applicable Service Fee. Gavilon agrees to use commercially reasonable efforts to achieve the highest Price available under prevailing market conditions. Payments on all undisputed amounts shall be made within ten (10) business days from Gavilon’s receipt of the information set forth in Section 2.4. Payments shall be made via wire to a bank account specified by the Producer.
Price; Payment Terms. The price stated in the order is binding. All prices are DDP (Incoterms 2010) to the destination stated in the order, are inclusive of packaging and are plus any applicable VAT, unless otherwise agreed.
Price; Payment Terms. 1. Company shall not be billed at a price higher than the price last charged or quoted by Supplier for the same Products unless a higher price is authorized in writing by Company. Supplier represents that the price charged for the Products covered by this Agreement is the lowest price charged by Supplier to buyers of a class similar to Company purchasing in quantities and under circumstances comparable to those specified in this Agreement. Any price reduction made by Supplier with respect to the Products ordered hereunder, subsequent to the placement of the order and prior to Company's receipt of the Products, shall apply to this Agreement.
2. Company shall pay all correct invoices within forty-five (45) days from date of invoice. In the event of a good- faith dispute regarding an invoice, Company may withhold payment; provided that Company pays all undisputed amounts thereunder.
Price; Payment Terms. 3.1 The price for any Product or Services, excluding sales or value added tax or any other tax, duty, levy or the like which may be added to the amounts owed by the Customer, shall be the price expressly agreed to by the Supplier in the Order Acknowledgement.
3.2 Unless otherwise expressly agreed, all prices quoted do not include any charges, fees, duties, tariffs related to shipping, transporting, carriage, stowage or storage of any Products purchased by Customer.
3.3 The Supplier may invoice the Customer at or any time after: for Products, the earlier of (i) the shipping of the Products or (ii) the Supplier informing the Customer the Products are ready for collection; and for Services, completion of the Services.
3.4 The Customer shall pay amounts due to the Supplier under this Agreement in good and collected funds or in cash and in full without any deduction or set off within the earlier of 30 days from the date of an invoice or the delivery of any Products, or the date on which any Products were made available to Customer for collection, or, in the case of Services, the date the Services are completed, except as otherwise agreed to in writing by the parties. Customer agrees to pay a service charge of 1-1/2% per month (i.e., 18% per annum) or the maximum rate permitted by applicable law from the date such amount is due until the amount and any service charge is paid in full. If, in Supplier’s sole and absolute discretion, the financial condition of the Customer at any time does not justify continuance of production or shipment of any Products or providing any Services in accordance with the terms of payment specified in the Agreement, Supplier may require full or partial payment in advance. Time is of the essence with respect to any payment required by Customer under the Agreement.
3.5 If the Customer prevents or delays delivery, installation or completion of any Product or Service then, in addition to any other rights the Supplier may have, Customer shall pay to Supplier any sums that have been pre-paid or any other amounts that have been paid on behalf of Customer by Supplier by no later than 30 days after the date which the Supplier notifies the Customer it is ready to effect such delivery, installation or completion (or 30 days after the date when the Supplier would have delivered or installed same or delivered or completed the Services but for being prevented by Customer or the Customer’s delay, if this is earlier) except as otherwise expressly agr...
