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.
Appears in 2 contracts
Samples: Procurement Agreement, General Terms and Conditions for Procurement
Price; Payment Terms. Subject 5.1 The purchase price for the Supplies is set forth in the Purchase Order and is in U.S. Dollars unless otherwise stated. Unless otherwise stated in the Purchase Order, the purchase price:
(i) is a firm fixed price for the duration of the Purchase 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 (iii) is inclusive of all storage, handling, packaging and all other expenses and charges of Seller. Seller shall separately invoice Buyer for any sales, value added, or similar turnover taxes or charges that Seller is required by law to pay or collect from Buyer.
5.2 Invoices shall be issued by Seller to Buyer no earlier than delivery of the Supplies to Buyer. Seller shall, at its sole expense, comply with Xxxxx’s instructions and then current policies with respect to the paragraph below form, content and unless method for submission of invoices. Seller shall promptly submit correct and complete invoices or other agreed upon billing communications with appropriate supporting documentation and other information reasonably required by Buyer after delivery of the Supplies.
5.3 Unless otherwise agreed by stated in the partiesPurchase Order, payment Buyer shall pay invoices for the Supplies which are properly presented and not subject to dispute according to the terms stated in the Purchase Order. If no terms are stated in the Purchase Order, Buyer shall pay net sixty (60) days from after the date of later of: (i) the Supplies being received and accepted at Buyer's facility, or (ii) Buyer's receipt of Seller's invoice. Prices for all Materials .
5.4 Seller acknowledges and Services purchased by Buyer hereunder shall be as set forth agrees that Xxxxxx’s financial condition, insolvency and/or failure to timely pay its suppliers or other creditors may create a disruption 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 instructionssupply chain. In the absence of any such confirmation, event 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, elects in its sole 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 absolute discretion to pay any liens arising of Seller’s obligations in order to avoid or cure a disruption in the flow of the Supplies to Buyer, Buyer shall have the right to withhold from and set off against any funds due to Seller from Buyer the Services aggregate amount paid in respect of Seller’s obligations and, if such right of setoff is insufficient for Buyer to immediately recover all such amounts, Seller shall pay to Buyer the remaining balance within ten (10) days of Buyer’s payment. If Seller becomes a debtor in bankruptcy or surrenders its assets to a lender or state court receiver and, Buyer, to obtain and/or continue the continuous flow of the Supplies, participates in a post-petition (or post surrender) loan to Seller, Seller acknowledges and Materials provided by Supplieragrees that the funds advanced to participate in the loan (including attorney’s fees) shall be deemed “cover” damages within the meaning of section 2-712 of the Uniform Commercial Code.
Appears in 2 contracts
Samples: Standard Terms and Conditions of Purchase, Standard Terms and Conditions of Purchase
Price; Payment Terms. Subject 5.1 The purchase price for the Supplies is set forth in the Purchase Order and is in U.S. Dollars unless otherwise stated. Unless otherwise stated in the Purchase Order, the purchase price: (i) is a firm fixed price for the duration of the Purchase 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 (iii) is inclusive of all storage, handling, packaging and all other expenses and charges of Seller. Seller shall separately invoice Buyer for any sales, value added, or similar turnover taxes or charges that Seller is required by law to pay or collect from Buyer.
5.2 Invoices shall be issued by Seller to Buyer no earlier than delivery of the Supplies to Buyer. Seller shall, at its sole expense, comply with Xxxxx’s instructions and then current policies with respect to the paragraph below form, content and unless method for submission of invoices. Seller shall promptly submit correct and complete invoices or other agreed upon billing communications with appropriate supporting documentation and other information reasonably required by Buyer after delivery of the Supplies.
5.3 Unless otherwise agreed by stated in the partiesPurchase Order, payment Buyer shall pay invoices for the Supplies which are properly presented and not subject to dispute according to the terms stated in the Purchase Order. If no terms are stated in the Purchase Order, Buyer shall pay net sixty (60) days from after the date of later of: (i) the Supplies being received and accepted at Buyer's facility, or (ii) Buyer's receipt of Seller's invoice. Prices for all Materials .
5.4 Seller acknowledges and Services purchased by Buyer hereunder shall be as set forth agrees that Xxxxxx’s financial condition, insolvency and/or failure to timely pay its suppliers or other creditors may create a disruption 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 instructionssupply chain. In the absence of any such confirmation, event 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, elects in its sole 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 absolute discretion to pay any liens arising of Seller’s obligations in order to avoid or cure a disruption in the flow of the Supplies to Buyer, Buyer shall have the right to withhold from and set off against any funds due to Seller from Buyer the Services aggregate amount paid in respect of Seller’s obligations and, if such right of setoff is insufficient for Buyer to immediately recover all such amounts, Seller shall pay to Buyer the remaining balance within ten (10) days of Buyer’s payment. If Seller becomes a debtor in bankruptcy or surrenders its assets to a lender or state court receiver and, Buyer, to obtain and/or continue the continuous flow of the Supplies, participates in a post-petition (or post surrender) loan to Seller, Seller acknowledges and Materials provided by Supplieragrees that the funds advanced to participate in the loan (including attorney’s fees) shall be deemed “cover” damages within the meaning of section 2-712 of the Uniform Commercial Code.
Appears in 1 contract
Price; Payment Terms. Subject to 5.1 The purchase price for 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 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 (iii) is inclusive of all storage, handling, packaging and all other expenses and charges of Seller. Seller shall separately invoice Buyer for any sales, value added, or similar turnover taxes or charges that Seller is required by law to pay or collect from Buyer.
5.2 Invoices shall be issued by Seller to Buyer no earlier than delivery of the Supplies to Buyer. Seller shall, at its sole expense, comply with Xxxxx’s Purchase instructions and then current policies with respect to the form, content and method for submission of invoices. Seller shall promptly submit correct and complete invoices or other agreed upon billing communications with appropriate supporting documentation and other information reasonably required by Buyer after delivery of Supplies.
5.3 Unless otherwise stated in the Order, Xxxxx shall pay invoices for Supplies which are properly presented and not subject to dispute according to the terms stated in the Order. No extra charges If no terms are stated in the Order, Buyer shall pay net forty-five (45) days after the later of (i) the Supplies being received and accepted at Buyer's facility, or (ii) Buyer's receipt of Seller's invoice. Buyer may withhold payment until a correct and complete invoice or other required information is received and verified. If the payment date is not a business day, payment shall be due the next business day thereafter. Payment shall be deemed to occur upon transmittal by Xxxxx of any kind will be allowed unless prior written consent thereto is specifically provided by paper draft or Xxxxx. It is ’s wire transfer of payment into the sole responsibility account of Supplier Seller.
5.4 Seller acknowledges and agrees that Xxxxxx’s financial condition, insolvency and/or failure to provide clear and timely notification to Buyer of any changes to payment instructionspay its suppliers or other creditors may create a disruption in the supply chain. In the absence of any such confirmation, event 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, elects in its sole 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 absolute discretion to pay any liens arising of Seller’s obligations in order to avoid or cure a disruption in the flow of Supplies to Buyer, Buyer shall have the right to withhold from and setoff against any funds due to Seller from Buyer the Services aggregate amount paid in respect of Seller’s obligations and, if such right of setoff is insufficient for Buyer to immediately recover all such amounts, Seller shall pay to Buyer the remaining balance within ten (10) days of Buyer’s payment. If Seller becomes a debtor in bankruptcy or surrenders its assets to a lender or state court receiver and, Buyer, to obtain and/or continue the continuous flow of Supplies, participates in a post-petition (or post surrender) loan to Seller, Seller acknowledges and Materials agrees that the funds advanced to participate in the loan (including attorney’s fees) shall be deemed “cover” damages within the meaning of section 2-712 of the Uniform Commercial Code.
5.5 The Supplies purchased under the Order, which are not services, are identified as industrial processing and may be exempt from sales taxes. In such case, the tax identification number and/or other exemption information shall be stated in the Order or otherwise provided by SupplierBuyer.
5.6 Payment for Supplies shall not constitute acceptance of nonconforming Supplies, nor shall it limit or affect any rights or remedies of Buyer.
Appears in 1 contract
Price; Payment Terms. Subject to The purchase price for 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 Supplies is set forth in the Purchase Order and is in U.S. Dollars unless otherwise stated. Unless otherwise stated in the Purchase Order, the purchase price: (i) is a firm fixed price for the duration of the Purchase 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 (iii) is inclusive of all storage, handling, packaging and all other expenses and charges of Seller. Seller shall separately invoice Buyer for any sales, value added, or similar turnover taxes or charges that Seller is required by law to pay or collect from Buyer. Invoices shall be issued by Seller to Buyer no earlier than delivery of the Supplies to Buyer. Seller shall, at its sole expense, comply with Xxxxx’s instructions and then current policies with respect to the form, content and method for submission of invoices. Seller shall promptly submit correct and complete invoices or other agreed upon billing communications with appropriate supporting documentation and other information reasonably required by Buyer after delivery of the Supplies. Unless otherwise stated in the Purchase Order, Buyer shall pay invoices for the Supplies which are properly presented and not subject to dispute according to the terms stated in the Purchase Order. No extra charges If no terms are stated in the Purchase Order, Buyer shall pay net ninety (90) days after the later of: (i) the Supplies being received and accepted at Buyer's facility, or (ii) Buyer's receipt of any kind will be allowed unless prior written consent thereto is specifically provided by XxxxxSeller's invoice. It is Seller acknowledges and agrees that Xxxxxx’s financial condition, insolvency and/or failure to timely pay its suppliers or other creditors may create a disruption in the sole responsibility of Supplier to provide clear and timely notification to Buyer of any changes to payment instructionssupply chain. In the absence of any such confirmation, event 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, elects in its sole 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 absolute discretion to pay any liens arising of Seller’s obligations in order to avoid or cure a disruption in the flow of the Supplies to Buyer, Buyer shall have the right to withhold from and set off against any funds due to Seller from Buyer the Services aggregate amount paid in respect of Seller’s obligations and, if such right of setoff is insufficient for Buyer to immediately recover all such amounts, Seller shall pay to Buyer the remaining balance within ten (10) days of Buyer’s payment. If Seller becomes a debtor in bankruptcy or surrenders its assets to a lender or state court receiver and, Buyer, to obtain and/or continue the continuous flow of the Supplies, participates in a post-petition (or post surrender) loan to Seller, Seller acknowledges and Materials provided by Supplieragrees that the funds advanced to participate in the loan (including attorney’s fees) shall be deemed “cover” damages within the meaning of section 2-712 of the Uniform Commercial Code.
Appears in 1 contract
Price; Payment Terms. Subject Prices for the Goods and Associated Services, if any, will be set out in the applicable Order as incorporated through the Quotation. Price increases or charges not expressly set out in the Order shall not be effective unless agreed to in advance in writing by Purchaser. The Contractor will issue all invoices on a timely basis. In order to obtain payment, all invoices delivered by the Contractor must meet the Purchaser’s requirements, and at a minimum shall reference:
a. the Contractor’s legal name and address;
b. the date of the invoice;
c. the quantity and price of Goods delivered and for which payment is sought;
d. a statement of any credits or deposit amounts to the paragraph below and unless otherwise Purchaser’s account which the Purchaser may apply or which may have been applied if previously agreed by the partiesparties to offset amounts owing by the Purchaser in respect of the Goods under the invoice;
e. the Contractor’s calculation of all applicable taxes payable by the Purchaser in relation to the Goods;
f. a reference to the CSA, payment terms are net CSA # and the Order Number;
g. an invoice number for identification; and
h. any other billing information reasonably requested by the Purchaser. The price proposed in the Quotation is the maximum amount which the Purchaser is obliged to pay to the Contractor for fees and expenses under this Order (exclusive of any applicable taxes). The Purchaser will pay the undisputed portion of properly rendered invoices sixty (60) calendar days from the date of receipt of invoiceinvoice date. Prices for all Materials and Services purchased by Buyer hereunder The Purchaser shall be as set forth in Buyer’s Purchase Order. No extra charges have the right to withhold payment of any kind will 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 allowed unless prior written consent thereto is specifically provided by Xxxxxdeemed a breach of this Order nor shall any interest be charged on such amounts. It Notwithstanding the foregoing, the Purchaser agrees to pay the balance of the undisputed amounts on any invoice that is the sole responsibility of Supplier to provide clear and timely notification to Buyer subject of any changes dispute within the time periods specified herein. If applicable, the Purchaser’s obligation to payment instructions. In pay money to 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 Contractor is 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 laborthe Financial Administration Act [RSBC 1996] CHAPTER 138, materials, tools, and equipment used which makes that obligation subject to an appropriation being available in the performance of Services and provision of Materials. Before Supplier shall be entitled to receive payment, Supplier shall furnish evidence satisfactory to Buyer fiscal year of the full Purchaser during which payment of such indebtedness including any affidavit of subcontractors becomes due. Unless otherwise specified in this Order, all references to money or suppliers furnishing materials or labor before any payments price 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 SupplierCanadian dollars.
Appears in 1 contract
Samples: Corporate Supply Arrangement
Price; Payment Terms. Subject to the paragraph below and unless otherwise agreed by the parties, payment terms are net sixty (60) days end of month plus 5 days, from the date of Xxxxx’s receipt of an undisputed 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 a site of Buyer as a result of Services or Material Materials 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 site 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 and/or Materials provided by Supplier.
Appears in 1 contract
Price; Payment Terms. Subject to the paragraph below and unless otherwise agreed by the parties, payment terms are term is net sixty (60) 60 days from the date of receipt of invoice. Prices for all Materials and Services purchased by Buyer hereunder under this Agreement shall be as set forth in the attached document or in Buyer’s Purchase Orderpurchase 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 the Supplier to provide clear and timely notification to Buyer of any changes to payment instructionsinstruction whether banking and/or remit-to details. In the absence of any such confirmation, Buyer Solvay will pay according to on the 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 MaterialsMaterial. Supplier shall obtain applicable waivers and affidavits from subcontractors and suppliers. 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 Supplierhereunder, Supplier shall promptly procure its release and hold Buyer harmless from any and all claimsloss, lossescost, costs, damagesdamage, or expenses (including reasonable attorneys’ fees) relating expense incidental thereto. Supplier hereby authorizes Buyer to pay any such liens from any payments due. 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 SupplierMaterial covered hereby.
Appears in 1 contract
Samples: Procurement Agreement
Price; Payment Terms. Subject to 5.1 The purchase price for 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 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 (iii) is inclusive of all storage, handling, packaging and all other expenses and charges of Seller. Seller shall separately invoice Buyer for any sales, value added, or similar turnover taxes or charges that Seller is required by law to pay or collect from Buyer.
5.2 Invoices shall be issued by Seller to Buyer no earlier than delivery of the Supplies to Buyer. Seller shall, at its sole expense, comply with Xxxxx’s Purchase instructions and then current policies with respect to the form, content and method for submission of invoices. Seller shall promptly submit correct and complete invoices or other agreed upon billing communications with appropriate supporting documentation and other information reasonably required by Buyer after delivery of Supplies.
5.3 Unless otherwise stated in the Order, Xxxxx shall pay invoices for Supplies which are properly presented and not subject to dispute according to the terms stated in the Order. No extra charges If no terms are stated in the Order, Buyer shall pay net fifty-five (55) days after the later of (i) the Supplies being received and accepted at Buyer's facility, or (ii) Buyer's receipt of Seller's invoice. Buyer may withhold payment until a correct and complete invoice or other required information is received and verified. If the payment date is not a business day, payment shall be due the next business day thereafter. Payment shall be deemed to occur upon transmittal by Xxxxx of any kind will be allowed unless prior written consent thereto is specifically provided by paper draft or Xxxxx. It is ’s wire transfer of payment into the sole responsibility account of Supplier Seller.
5.4 Seller acknowledges and agrees that Xxxxxx’s financial condition, insolvency and/or failure to provide clear and timely notification to Buyer of any changes to payment instructionspay its suppliers or other creditors may create a disruption in the supply chain. In the absence of any such confirmation, event 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, elects in its sole 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 absolute discretion to pay any liens arising of Seller’s obligations in order to avoid or cure a disruption in the flow of Supplies to Buyer, Buyer shall have the right to withhold from and setoff against any funds due to Seller from Buyer the Services aggregate amount paid in respect of Seller’s obligations and, if such right of setoff is insufficient for Buyer to immediately recover all such amounts, Seller shall pay to Buyer the remaining balance within ten (10) days of Buyer’s payment. If Seller becomes a debtor in bankruptcy or surrenders its assets to a lender or state court receiver and, Buyer, to obtain and/or continue the continuous flow of Supplies, participates in a post petition (or post surrender) loan to Seller, Seller acknowledges and Materials agrees that the funds advanced to participate in the loan (including attorneys fees) shall be deemed “cover” damages within the meaning of section 2-712 of the Uniform Commercial Code.
5.5 The Supplies purchased under the Order, which are not services, are identified as industrial processing and may be exempt from sales taxes. In such case, the tax identification number and/or other exemption information shall be stated in the Order or otherwise provided by SupplierBuyer.
5.6 Payment for Supplies shall not constitute acceptance of nonconforming Supplies, nor shall it limit or affect any rights or remedies of Buyer.
Appears in 1 contract
Price; Payment Terms. Subject (a) Unless otherwise specified, the price stated includes all charges and expenses of Seller including, but not limited to, packing, boxing, cartage, insurance and any and all applicable taxes, tariffs and duties of Federal, state, provincial, foreign or local governments. Seller agrees to accept in lieu of any tax that may be included in this Purchase Order a tax exemption certificate or other evidence acceptable to the paragraph below Federal, state, provincial or local government and to reduce the price as stated herein by the amount of such exempt tax per Xxxxxxx Group standard payment terms. No increase in price shall be effective without Purchaser’s prior written consent.
(b) If additional payments will be or have been made to Seller by any Xxxxxxx Affiliate for items such as assists (e.g., tooling, molds, dies, materials or components provided for incorporation in or for use in the manufacture of the finished merchandise), royalties, packing, selling commissions or other incidental charges, such additional value(s) shall be separately itemized and identified on the commercial invoice. Seller invoices must not indicate a nominal value for goods but shall indicate the invoice price charged to Purchaser.
(c) Purchaser will pay all properly invoiced amounts for accepted Products and Services in U.S. Dollars per its standard payment terms unless otherwise agreed by the parties, to in writing. Xxxxxxx Group's standard payment terms are net 60: all invoices for accepted Products and Services will be paid within sixty (60) days from the date of receipt of a proper 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 Purchaser may set off against any invoiced amount any amount that may be owing by Buyer for Seller to any counterclaim arising from this or Xxxxxxx Affiliate.
(d) Xxxxxxx Group shall independently determine the prices at which it sells finished Products to its customers.
(e) Purchaser reserves the right to refuse payment on any other transaction with Supplier. Supplier shall pay promptly all indebtedness for labor, materials, tools, and equipment used in invoice received more than 45 days after the performance delivery 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 Supplierservices.
Appears in 1 contract
Samples: Standard Terms and Conditions for Supplies and Services
Price; Payment Terms. Subject 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 (iii) is inclusive of all storage, handling, packaging and all other expenses and charges of Seller. Seller shall separately invoice Buyer for any sales, value added, or similar turnover taxes or charges that Seller is required by law to pay or collect from Buyer.
5.2 Invoices shall be issued by Seller to Buyer no earlier than delivery of the Supplies to Buyer. Seller shall, at its sole expense, comply with Xxxxx’s instructions and then current policies with respect to the paragraph below form, content and unless method for submission of invoices. Seller shall promptly submit correct and complete invoices or other agreed upon billing communications with appropriate supporting documentation and other information reasonably required by Buyer after delivery of Supplies.
5.3 Unless otherwise stated in the Order, Xxxxx shall pay invoices for Supplies which are properly presented and not subject to dispute according to the terms stated in the Order. If no terms are stated in the Order or otherwise agreed by the partiesto, payment terms are Buyer shall pay net sixty (60) days from or 2% discount in (15) days after the date later of (i) the Supplies being received and accepted at Buyer's facility, or (ii) Buyer's receipt of Seller's invoice. Prices for all Materials Buyer may withhold payment until a correct and Services purchased by Buyer hereunder complete invoice or other required information is received and verified. If the payment date is not a business day, payment shall be as set forth in Buyer’s Purchase Orderdue the next business day thereafter. No extra charges Payment shall be deemed to occur upon transmittal by Xxxxx of any kind will be allowed unless prior written consent thereto is specifically provided by paper draft or Xxxxx. It is ’s wire transfer of payment into the sole responsibility account of Supplier Seller.
5.4 Seller acknowledges and agrees that Xxxxxx’s financial condition, insolvency and/or failure to provide clear and timely notification to Buyer of any changes to payment instructionspay its suppliers or other creditors may create a disruption in the supply chain. In the absence of any such confirmation, event 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, elects in its sole 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 absolute discretion to pay any liens arising of Seller’s obligations in order to avoid or cure a disruption in the flow of Supplies to Buyer, Buyer shall have the right to withhold from and setoff against any funds due to Seller from Buyer the Services aggregate amount paid in respect of Seller’s obligations and, if such right of setoff is insufficient for Buyer to immediately recover all such amounts, Seller shall pay to Buyer the remaining balance within ten (10) days of Buyer’s payment. If Seller becomes a debtor in bankruptcy or surrenders its assets to a lender or state court receiver and, Buyer, to obtain and/or continue the continuous flow of Supplies, participates in a post petition (or post surrender) loan to Seller, Seller acknowledges and Materials agrees that the funds advanced to participate in the loan (including attorneys fees) shall be deemed “cover” damages within the meaning of section 2-712 of the Uniform Commercial Code.
5.5 The Supplies purchased under the Order, which are not services, are identified as industrial processing and may be exempt from sales taxes. In such case, the tax identification number and/or other exemption information shall be stated in the Order or otherwise provided by SupplierBuyer.
5.6 Payment for Supplies shall not constitute acceptance of nonconforming Supplies, nor shall it limit or affect any rights or remedies of Buyer.
Appears in 1 contract
Price; Payment Terms. Subject Prices for the Goods and Associated Services, if any, will be set out in the applicable Order as incorporated through the Executed Purchase Request. Price increases or charges not expressly set out in the Order shall not be effective unless agreed to in advance in writing by Purchaser. The Contractor will issue all invoices on a timely basis. In order to obtain payment, all invoices delivered by the Contractor must meet the Purchaser’s requirements, and at a minimum shall reference:
a. the Contractor’s legal name and address;
b. the date of the invoice;
c. the quantity and price of Goods delivered and for which payment is sought;
d. a statement of any credits or deposit amounts to the paragraph below and unless otherwise Purchaser’s account which the Purchaser may apply or which may have been applied if previously agreed by the partiesparties to offset amounts owing by the Purchaser in respect of the Goods under the invoice;
e. the Contractor’s calculation of all applicable taxes payable by the Purchaser in relation to the Goods;
f. a reference to the CSA, payment terms are net CSA # and the Order Number;
g. an invoice number for identification; and
h. any other billing information reasonably requested by the Purchaser. The price set out in the Executed Purchase Request is the maximum amount which the Purchaser is obliged to pay to the Contractor for fees and expenses under this Order (exclusive of any applicable taxes). The Purchaser will pay the undisputed portion of properly rendered invoices sixty (60) calendar days from the date of receipt of invoiceinvoice date. Prices for all Materials and Services purchased by Buyer hereunder The Purchaser shall be as set forth in Buyer’s Purchase Order. No extra charges have the right to withhold payment of any kind will 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 allowed unless prior written consent thereto is specifically provided by Xxxxxdeemed a breach of this Order nor shall any interest be charged on such amounts. It Notwithstanding the foregoing, the Purchaser agrees to pay the balance of the undisputed amounts on any invoice that is the sole responsibility of Supplier to provide clear and timely notification to Buyer subject of any changes dispute within the time periods specified herein. If applicable, the Purchaser’s obligation to payment instructions. In pay money to 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 Contractor is 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 laborthe Financial Administration Act [RSBC 1996] CHAPTER 138, materials, tools, and equipment used which makes that obligation subject to an appropriation being available in the performance of Services and provision of Materials. Before Supplier shall be entitled to receive payment, Supplier shall furnish evidence satisfactory to Buyer fiscal year of the full Purchaser during which payment of such indebtedness including any affidavit of subcontractors becomes due. Unless otherwise specified in this Order, all references to money or suppliers furnishing materials or labor before any payments price 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 SupplierCanadian dollars.
Appears in 1 contract
Samples: Corporate Supply Arrangement
Price; Payment Terms. Subject 3.1 Unless otherwise set forth in the Order, the purchase price for the Goods and Services is: (i) in U.S. Dollars; (ii) 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; (iii) is inclusive of all national, federal, state, provincial, value added and local taxes and any duties and/or tariffs applicable to provision of the Goods and Services; and (iv) is inclusive of all storage, handling, packaging and all other expenses and charges of Seller. Seller shall separately invoice Buyer for any sales, value added, or similar turnover taxes or charges that Seller is required by law to pay or collect from Buyer.
3.2 Invoices shall be issued by Seller to Buyer no earlier than delivery of the Goods and Services to Buyer. Seller shall, at its sole expense, comply with Xxxxx’s instructions and then current Buyer’s policies with respect to the paragraph below form, content and unless method for submission of invoices. Seller shall promptly submit correct and complete invoices or other agreed upon billing communications with appropriate supporting documentation and other information reasonably required by Buyer after delivery of Goods and Services.
3.3 Unless otherwise agreed by stated in the partiesOrder, payment Xxxxx shall pay invoices for Goods and Services that are properly presented and not subject to dispute according to the terms stated in the Order. If no terms are stated in the Order, Buyer shall pay net sixty one hundred and twenty (60120) days, after the later of: (i) the Goods and Services being received and accepted at Buyer's facility; or (ii) Buyer’s receipt of Seller's invoice. Buyer may withhold payment until a correct and complete invoice or other required information is received and verified. If the payment date is
3.4 Seller acknowledges and agrees that Xxxxxx’s financial condition, insolvency and/or failure to timely pay its suppliers or other creditors may create a disruption in the supply chain. In the event Buyer elects in its sole and absolute discretion to pay any of Seller’s obligations in order to avoid or cure a disruption in the flow of Goods and Services to Buyer, Buyer shall have the right to withhold from and setoff against any funds due to Seller from Buyer the aggregate amount paid in respect of Seller’s obligations and, if such right of setoff is insufficient for Buyer to immediately recover all such amounts, Seller shall pay to Buyer the remaining balance within ten (10) days from of Buyer’s payment. If Seller becomes a debtor in bankruptcy or surrenders its assets to a lender or state court receiver and, Buyer, to obtain and/or continue the date continuous flow of receipt Goods and Services, participates in a post-petition (or post- surrender) loan to Seller, Seller acknowledges and agrees that the funds advanced to participate in the loan (including attorney fees) shall be deemed “cover” damages within the meaning of invoice. Prices for all Materials section 2- 712 of the Uniform Commercial Code.
3.5 The Goods and Services purchased by Buyer hereunder under the Order may be identified as industrial processing and may be exempt from sales taxes. In such case, the tax identification number and/or other exemption information shall be as set forth stated in Buyer’s Purchase Order. No extra charges of any kind will be allowed unless prior written consent thereto is specifically the Order or otherwise provided by XxxxxBuyer. It is Seller shall utilize such exemption information to 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 maximum extent permissible 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 Supplierterms.
Appears in 1 contract
Samples: Terms and Conditions