Prices and Payment Terms. Applicable sales tax will be invoiced unless Customer supplies a valid tax-exempt certificate prior to delivery. While packaged pricing may be quoted to Customer and/or displayed on Customer’s sales agreement cover page, individual product pricing and applicable discounts will be listed on the subsequent Merz invoice(s) provided to Customer. Applicable shipping, handling, and other taxes will be added to the final invoice price for each order. A non-refundable $10,000 deposit is required to secure purchase of each System. Full payment of the balance due on all Products (System(s) and disposables) is due prior to receipt of the Product(s), unless the Parties have expressly agreed to a different payment schedule in writing. . Customer may specify a xxxx-to address which is different from Customer, but Customer understands and agrees that: (1) Customer is responsible for use and administration of the Product; and (2) Xxxx will hold Customer jointly and severally liable for all outstanding balances hereunder in the event that such xxxx-to third party is delinquent with payment(s). If Customer’s account is delinquent by more than thirty (30) days, it shall accrue interest at the rate of 1.5% per month on the balance due or, if less, the maximum rate permitted by law. Merz reserves the right to change Product prices and discontinue Products without prior notice. If Customer fails to fulfill the terms of payment or does not meet Xxxx’x continuing credit requirements, Merz will have the option to do one or more of the following: (i) decline to accept orders or fulfill pending orders; (ii) require all pending and future orders to be on a prepaid basis; (iii) delay any shipment until payment is received by Merz or further assurances asked for by Merz are received; (iv) declare all outstanding sums immediately due and payable; or (v) require payment for all Products delivered hereunder to be made by irrevocable letter of credit in a form approved by Merz. Nothing contained herein will release Customer from any previous obligations. Customer will be liable to Merz for all costs incurred by Merz in its collection of any amounts owing by Customer which are not paid when due, including collection agencies’ and attorneys’ fees and expenses, regardless of whether a lawsuit is commenced. All orders are subject to current credit approval. From time to time, Merz may review Customer’s creditworthiness. Customer agrees to provide Merz with all credit information reasonably requested, and Customer represents and warrants to Merz now, and each time Customer places an order, that all information Customer has provided is true and correct.
Appears in 2 contracts
Samples: Sales Contracts, Terms and Conditions of Purchase and Use
Prices and Payment Terms. Applicable sales tax will be invoiced unless Customer supplies a valid tax-exempt certificate prior to delivery. While packaged pricing may be quoted to Customer and/or displayed on Customer’s sales agreement cover page, individual product pricing and applicable discounts will be listed on the subsequent Merz invoice(s) provided to Customer. Applicable shipping, handling, and other taxes will be added to the final invoice price for each order. A non-refundable $10,000 deposit is required to secure purchase of each Cellfina System. Full payment of the balance due on all Products (System(s) and disposables) is due prior to receipt of the Product(s), unless the Parties have expressly agreed to a different payment schedule in writing. . Customer may specify a xxxx-to address which is different from Customer, but Customer understands and agrees that: (1) Customer is responsible for use and administration of the Product; and (2) Xxxx will hold Customer jointly and severally liable for all outstanding balances hereunder in the event that such xxxx-to third party is delinquent with payment(s). If Customer’s account is delinquent by more than thirty (30) days, it shall accrue interest at the rate of 1.5% per month on the balance due or, if less, the maximum rate permitted by law. Merz reserves the right to change Product prices and discontinue Products without prior notice. If Customer fails to fulfill the terms of payment or does not meet Xxxx’x continuing credit requirements, Merz will have the option to do one or more of the following: (i) decline to accept orders or fulfill pending orders; (ii) require all pending and future orders to be on a prepaid basis; (iii) delay any shipment until payment is received by Merz or further assurances asked for by Merz are received; (iv) declare all outstanding sums immediately due and payable; or (v) require payment for all Products delivered hereunder to be made by irrevocable letter of credit in a form approved by Merz. Nothing contained herein will release Customer from any previous obligations. Customer will be liable to Merz for all costs incurred by Merz in its collection of any amounts owing by Customer which are not paid when due, including collection agencies’ and attorneys’ fees and expenses, regardless of whether a lawsuit is commenced. All orders are subject to current credit approval. From time to time, Merz may review Customer’s creditworthiness. Customer agrees to provide Merz with all credit information reasonably requested, and Customer represents and warrants to Merz now, and each time Customer places an order, that all information Customer has provided is true and correct.
Appears in 1 contract
Samples: Sales Agreement
Prices and Payment Terms. Applicable sales tax will be invoiced unless Customer supplies a valid tax-exempt certificate prior to delivery. While packaged pricing may be quoted to Customer and/or displayed on Customer’s sales agreement cover page, individual product pricing and applicable discounts will be listed on the subsequent Merz invoice(s) provided to Customer. Applicable shipping, handling, and other taxes will be added to the final invoice price for each order. A non-refundable $10,000 deposit is required to secure purchase of each Ulthera System and Cellfina System. Full payment of the balance due on all Products (the System(s) and disposables) is due prior to upon receipt of the Product(sSystem(s), unless the Parties have expressly agreed to a different payment schedule in writing. . Customer may specify a xxxx-to address which is different from CustomerFor disposable Products, but Customer understands and agrees that: (1) Customer is responsible for use and administration full payment of the Product; and invoice is due within thirty (230) Xxxx will hold Customer jointly and severally liable for all outstanding balances hereunder in days of the event that such xxxx-to third party is delinquent with payment(s)order. If Customer’s account is delinquent by more than thirty (30) days, it shall accrue interest at the rate of 1.5% per month on the balance due or, if less, the maximum rate permitted by law. Merz reserves the right to change Product prices and discontinue Products without prior notice. If Customer fails to fulfill the terms of payment or does not meet Xxxx’x continuing credit requirements, Merz will have the option to do one or more of the following: (i) decline to accept orders or fulfill pending orders; (ii) require all pending and future orders to be on a prepaid basis; (iii) delay any shipment until payment is received by Merz or further assurances asked for by Merz are received; (iv) declare all outstanding sums immediately due and payable; or (v) require payment for all Products delivered hereunder to be made by irrevocable letter of credit in a form approved by Merz. Nothing contained herein will release Customer from any previous obligations. Customer will be liable to Merz for all costs incurred by Merz in its collection of any amounts owing by Customer which are not paid when due, including collection agencies’ and attorneys’ fees and expenses, regardless of whether a lawsuit is commenced. All orders are subject to current credit approval. From time to time, Merz may review Customer’s creditworthiness. Customer agrees to provide Merz with all credit information reasonably requested, and Customer represents and warrants to Merz now, and each time Customer places an order, that all information Customer has provided is true and correct.
Appears in 1 contract
Samples: Sales Agreement
Prices and Payment Terms. Applicable 5.1 Unless agreed otherwise in individual cases, all prices must be paid net plus applicable VAT without any discount. Payments must always be made in cash. Money orders, cheques and bills of exchange are only accepted upon special agreement and only on account of payment, taking into account all collection and discount charges.
5.2 Unless agreed otherwise in individual cases, the agreed prices ex warehouse shall apply. In case of a sales tax will be invoiced unless Customer supplies a valid tax-exempt certificate prior to deliveryshipment, the customer shall bear the transport costs ex warehouse and the costs of any insurance coverage requested by him. While packaged pricing may be quoted to Customer and/or displayed on Customer’s sales agreement cover pageAny customs duties, individual product pricing and applicable discounts will be listed on the subsequent Merz invoice(s) provided to Customer. Applicable shipping, handling, fees and other taxes public levies shall likewise be borne by the customer.
5.3 If, in addition, we are commissioned to assemble and/or install the delivery items and supervise their connection, we will be added make a service technician available to the final invoice price for each ordercustomer at the applicable service rate. A non-refundable $10,000 deposit In all other respects the provisions of Clause 9 shall apply.
5.4 The customer is required to secure purchase in default of each System. Full payment upon expiry of the balance due on all Products (System(s) and disposables) is due prior to receipt of above payment terms. Should the Product(s), unless the Parties have expressly agreed to a different payment schedule customer be in writing. . Customer may specify a xxxx-to address which is different from Customer, but Customer understands and agrees that: (1) Customer is responsible for use and administration of the Product; and (2) Xxxx will hold Customer jointly and severally liable for all outstanding balances hereunder in the event that such xxxx-to third party is delinquent with payment(s). If Customer’s account is delinquent default by more than thirty (30) daysone payment, it all existing claims against the customer shall accrue become due immediately. He shall pay default interest at of 8% p.a. over the base rate of 1.5% per month on the balance due or, if less, purchase price during the maximum rate permitted by lawtime he is in arrears. Merz reserves We reserve the right to change Product prices claim further damages caused by delay. Our claim for the commercial maturity interest remains unaffected.
5.5 Despite any Terms and discontinue Products without prior noticeConditions of the customer to the contrary, we are entitled to apply any payments to older outstanding debt first. If Customer fails costs and interest charges have already accrued, we are entitled to fulfill credit payments first to the terms costs, then to the interest and finally to the outstanding invoices. Likewise, we are entitled to assign claims arising from our business relationship.
5.6 The customer shall only have a right to setoff or retention if his counterclaim has been upheld by a court of payment law or does not meet Xxxx’x continuing credit requirementsis undisputed. In case of defects of delivery Clause 7.8 remains unaffected.
5.7 If, Merz will after conclusion of the contract, it becomes evident that our claim for the purchase price is at risk due to the customer’s insufficient financial capacity (e.g. the opening of insolvency proceedings), we are by law entitled to refuse performance and – after granting a reasonable grace period – to withdraw from the contract (Sect. 321 BGB - German Civil Code). In the case of contracts for the manufacture of specific items (custom-built products) we have the option right to do one or more withdraw immediately; the statutory provisions concerning the lack of the following: (i) decline necessity to accept orders or fulfill pending orders; (ii) require all pending and future orders to be on set a prepaid basis; (iii) delay any shipment until payment is received by Merz or further assurances asked for by Merz are received; (iv) declare all outstanding sums immediately due and payable; or (v) require payment for all Products delivered hereunder to be made by irrevocable letter of credit in a form approved by Merz. Nothing contained herein will release Customer from any previous obligations. Customer will be liable to Merz for all costs incurred by Merz in its collection of any amounts owing by Customer which are not paid when due, including collection agencies’ and attorneys’ fees and expenses, regardless of whether a lawsuit is commenced. All orders are subject to current credit approval. From time to time, Merz may review Customer’s creditworthiness. Customer agrees to provide Merz with all credit information reasonably requested, and Customer represents and warrants to Merz now, and each time Customer places an order, that all information Customer has provided is true and correctdeadline remain unaffected.
Appears in 1 contract
Samples: General Terms and Conditions of Sale
Prices and Payment Terms. Applicable sales tax will be invoiced unless Customer supplies a valid tax-exempt certificate prior to delivery. While packaged pricing may be quoted to Customer and/or displayed on Customer’s sales agreement cover page, individual product pricing and applicable discounts will be listed on the subsequent Merz invoice(s) provided to Customer. Applicable shipping, handling, and other taxes will be added to the final invoice price for each order. A non-refundable $10,000 deposit is required to secure purchase of each Ulthera System. Full payment of the balance due on all Products (System(s) and disposables) is due prior to receipt of the Product(s), unless the Parties have expressly agreed to a different payment schedule in writing. . Customer may specify a xxxx-to address which is different from Customer, but Customer understands and agrees that: (1) Customer is responsible for use and administration of the Product; and (2) Xxxx will hold Customer jointly and severally liable for all outstanding balances hereunder in the event that such xxxx-to third party is delinquent with payment(s). If Customer’s account is delinquent by more than thirty (30) days, it shall accrue interest at the rate of 1.5% per month on the balance due or, if less, the maximum rate permitted by law. Merz reserves the right to change Product prices and discontinue Products without prior notice. If Customer fails to fulfill the terms of payment or does not meet Xxxx’x continuing credit requirements, Merz will have the option to do one or more of the following: (i) decline to accept orders or fulfill pending orders; (ii) require all pending and future orders to be on a prepaid basis; (iii) delay any shipment until payment is received by Merz or further assurances asked for by Merz are received; (iv) declare all outstanding sums immediately due and payable; or (v) require payment for all Products delivered hereunder to be made by irrevocable letter of credit in a form approved by Merz. Nothing contained herein will release Customer from any previous obligations. Customer will be liable to Merz for all costs incurred by Merz in its collection of any amounts owing by Customer which are not paid when due, including collection agencies’ and attorneys’ fees and expenses, regardless of whether a lawsuit is commenced. All orders are subject to current credit approval. From time to time, Merz may review Customer’s creditworthiness. Customer agrees to provide Merz with all credit information reasonably requested, and Customer represents and warrants to Merz now, and each time Customer places an order, that all information Customer has provided is true and correct.
Appears in 1 contract
Samples: Sales Agreement
Prices and Payment Terms. Applicable sales tax will Subject to Supplier performing in accordance with the Agreement, Customer shall pay the agreed price in accordance and as defined in the Agreement. Payment shall be invoiced unless due sixty (60) days net from the receipt of invoice. The due date represents the date of payment by the Customer supplies a valid tax-exempt certificate prior to at its own bank. The invoice shall be issued only after the delivery has been completed and the Customer has accepted the delivery. While packaged pricing may The payment shall only be quoted made against an invoice and the payment term shall not start before the Services and/or Goods have been delivered, and the delivery has been accepted. The Supplier is not entitled to change or adjust the prices. The Supplier shall only be entitled to invoice expenses such as, without limitation, travel expenses and out of pocket expenses, which have been expressly agreed between the parties in advance. The Customer shall pay invoices by wire transfer only, payments by cheque are not supported. The Parties agree to account for the expenses issued by their own banks in relation to the payment transactions. International payments are sent on a shared service charge basis, i.e. the Customer will pay all costs levied by the Customer´s own bank and the Supplier will pay all cost levied by the correspondent bank and Supplier´s own bank. The Supplier shall send all invoices electronically as per the Customer's instructions for e-invoices, using the Customer's electronic invoicing addresses. For avoidance of doubt e-mail message with an attached document is not considered as an e-invoice. Invoices shall be in compliance with all Applicable Laws. In addition to obligatory information under the Applicable Laws each invoice shall contain also the following information:
(i) reference to the Agreement and/or displayed on Customer's purchase order number issued by the Customer’s sales agreement cover pagepurchase management system;
(ii) specification of the invoiced scope of supply;
(iii) name and address of the Finnair Group legal entity and Finnair Group’s contact person for the Agreement;
(iv) name and address of the Supplier legal entity and Supplier’s invoicing contact;
(v) agreed payment term;
(vi) Supplier’s complete and accurate banking details required for wire transfer payment;
(vii) any other information agreed or reasonably requested by the Customer. If Customer is overdue with any payment due under the Agreement, individual product pricing and applicable discounts will be listed Supplier may request interest on the subsequent Merz invoice(s) provided overdue amount at an annual rate equal to Customer. Applicable shipping, handling, and other taxes will be added to the final invoice price for each order. A non-refundable $10,000 deposit is required to secure purchase of each System. Full payment of the balance due on all Products (System(s) and disposables) is due prior to receipt of the Product(s), unless the Parties have expressly agreed to a different payment schedule in writing. . Customer may specify a xxxx-to address which is different from Customer, but Customer understands and agrees that: one (1) Customer is responsible for use and administration of percent above the Product; and three (23) Xxxx will hold Customer jointly and severally liable for all outstanding balances hereunder in month Euribor on due date. Supplier shall make such request within a reasonable time, however not later than three (3) months after the event that such xxxx-to third party is delinquent with payment(s)payment has become overdue. If Where applicable or separately requested by the Customer’s account is delinquent by more than thirty (30) days, it shall accrue interest at the rate of 1.5% per month on the balance due or, if less, the maximum rate permitted invoices shall be followed by lawa separate report setting forth all necessary details for confirming that the invoice and invoiced amount are in line with agreed scope of supply and invoicing principles. Merz reserves The Customer has the right to change Product prices and discontinue Products without prior notice. If Customer fails to fulfill reject the terms of payment or does invoices that do not meet Xxxx’x continuing credit requirementsall the requirements mentioned above, Merz will and in such cases, the invoice shall be deemed not to have the option to do one or more of the following: (i) decline to accept orders or fulfill pending orders; (ii) require all pending and future orders to be on a prepaid basis; (iii) delay any shipment until payment is received by Merz or further assurances asked for by Merz are received; (iv) declare all outstanding sums immediately due and payable; or (v) require payment for all Products delivered hereunder to be made by irrevocable letter of credit in a form approved by Merzbeen issued. Nothing contained herein will release Customer from any previous obligations. Customer will be liable to Merz for all costs incurred by Merz in its collection of any amounts owing Payment by Customer shall be without prejudice to any claims or rights which are Customer may have against Supplier and shall not paid when due, including collection agencies’ and attorneys’ fees and expenses, regardless constitute any admission by Customer as to the performance by Supplier of whether a lawsuit is commenced. All orders are subject to current credit approval. From time to time, Merz may review Customer’s creditworthiness. Customer agrees to provide Merz with all credit information reasonably requested, and Customer represents and warrants to Merz now, and each time Customer places an order, that all information Customer has provided is true and correctits obligations under the Agreement.
Appears in 1 contract
Samples: Standard Terms for Procurement
Prices and Payment Terms. If Customer purchases up to of five (5) Products in a single transaction, it will receive net thirty (30) credit card payment terms for that transaction, which means that Merz will automatically charge Customer’s credit card on file for the Product purchase thirty (30) days after the date of such purchase (unless Customer has submitted separate payment in full for the Product prior to such date). If Customer purchases six (6) or more Products in a single transaction, it will receive net ninety (90) credit card payment terms for that transaction, which means that Merz will automatically charge Customer’s credit card on file for the Product purchase ninety (90) days after the date of such purchase (unless Customer has submitted separate payment in full for the Product prior to such date). Customer hereby grants permission to Merz to charge Customer’s credit card in accordance with the terms set forth herein. Applicable sales tax will be invoiced unless Customer supplies a valid tax-exempt certificate prior to delivery. While packaged pricing may be quoted to Customer and/or displayed on Customer’s sales agreement cover page, individual product pricing and applicable discounts will be listed on the subsequent Merz invoice(s) provided to Customer. Applicable shipping, handling, and other taxes will be added to the final invoice price for each order. A non-refundable $10,000 deposit is required to secure purchase of each System. Full payment of the balance due on all Products (System(s) and disposables) is due prior to receipt of the Product(s), unless the Parties have expressly agreed to a different payment schedule in writing. . Customer may specify utilize a xxxx-to address credit card from Customer’s practice which is different from Customer’s own credit card, but Customer understands and agrees that: (1) Customer is responsible for use and administration of the Product; and (2) Xxxx Merz will hold Customer jointly and severally liable for all outstanding balances hereunder in the event that such xxxxthird-to third party credit card is delinquent with payment(s)declined for any reason. If Merz us unable to charge the designated credit card on the applicable deadline, then Customer’s account is delinquent by more than thirty (30) days, it shall accrue interest at the rate of 1.5% per month on the balance due or, if less, the maximum rate permitted by law. Merz reserves the right to change Product prices and discontinue Products without prior notice. If Customer fails to fulfill the terms of payment or does not meet Xxxx’x continuing credit requirements, Merz will have the option to do one or more of the following: (i) decline to accept orders or fulfill pending orders; (ii) require all pending and future orders to be on a prepaid basis; (iii) delay any shipment until payment is received by Merz or further assurances asked for by Merz are received; (iv) declare all outstanding sums immediately due and payable; or (v) require payment for all Products delivered hereunder to be made by irrevocable letter of credit in a form approved by Merz. Nothing contained herein will release Customer from any previous obligations. Customer will be liable to Merz for all costs incurred by Merz in its collection of any amounts owing by Customer which are not paid when due, including collection agencies’ and attorneys’ fees and expenses, regardless of whether a lawsuit is commenced. All orders are subject to current credit approval. From time to time, Merz may review Customer’s creditworthiness. Customer agrees to provide Merz with all credit information reasonably requested, and Customer represents and warrants to Merz now, and each time Customer places an order, that all information Customer has provided is true and correct.or
Appears in 1 contract
Samples: Sales Agreement
Prices and Payment Terms. Applicable sales tax will be invoiced unless Customer supplies a valid tax-exempt certificate prior to delivery. While packaged pricing may be quoted to Customer and/or displayed on Customer’s sales agreement cover page, individual product pricing and applicable discounts will be listed on the subsequent Merz invoice(s) provided to Customer. Applicable shipping, handling, and other taxes will be added to the final invoice price for each order. A non-refundable $10,000 deposit is required to secure purchase of each Ulthera System. Full payment of the balance due on all Products (System(s) and disposables) is due prior to receipt of the Product(s), unless the Parties have expressly agreed to a different payment schedule in writing. . Customer may specify a xxxx-to address which is different from Customer, but Customer understands and agrees that: (1) Customer is responsible for use and administration of the Product; and (2) Xxxx will hold Customer jointly and severally liable for all outstanding balances hereunder in the event that such xxxx-to third party is delinquent with payment(s). If Customer’s account is delinquent by more than thirty (30) days, it shall accrue interest at the rate of 1.5% per month on the balance due or, if less, the maximum rate permitted by law. Merz reserves the right to change Product prices and discontinue Products without prior notice. If Customer fails to fulfill the terms of payment or does not meet Xxxx’x continuing credit requirements, Merz will have the option to do one or more of the following: (i) decline to accept orders or fulfill pending orders; (ii) require all pending and future orders to be on a prepaid basis; (iii) delay any shipment until payment is received by Merz or further assurances asked for by Merz are received; (iv) declare all outstanding sums immediately due and payable; or (v) require payment for all Products delivered hereunder to be made by irrevocable letter of credit in a form approved by Merz. Nothing contained herein will release Customer from any previous obligations. Customer will be liable to Merz for all costs incurred by Merz in its collection of any amounts owing by Customer which are not paid when due, including collection agencies’ and attorneys’ fees and expenses, regardless of whether a lawsuit is commenced. All orders are subject to current credit approval. From time to time, Merz may review Customer’s creditworthiness. Customer agrees to provide Merz with all credit information reasonably requested, and Customer represents and warrants to Merz now, and each time Customer places an order, that all information Customer has provided is true and correct.
Appears in 1 contract
Samples: Sales Agreement
Prices and Payment Terms. Applicable sales tax will be invoiced unless Customer supplies a valid tax-exempt certificate prior to delivery. While packaged pricing may be quoted to Customer and/or displayed on Customer’s sales agreement cover page, individual product pricing and applicable discounts will be listed on the subsequent Merz invoice(s) provided to Customer. Applicable shipping, handling, and other taxes will be added to the final invoice price for each order. A non-refundable $10,000 deposit is required to secure purchase of each Cellfina System. Full payment of the balance due on all Products (System(s) and disposables) is due prior to receipt of the Product(s), unless the Parties have expressly agreed to a different payment schedule in writing. . Customer may specify a xxxx-to address which is different from Customer, but Customer understands and agrees that: (1) Customer is responsible for use and administration of the Product; and (2) Xxxx will hold Customer jointly and severally liable for all outstanding balances hereunder in the event that such xxxx-to third party is delinquent with payment(s). If Customer’s account is delinquent by more than thirty (30) days, it shall accrue interest at the rate of 1.5% per month on the balance due or, if less, the maximum rate permitted by law. Merz reserves the right to change Product prices and discontinue Products without prior notice. If Customer fails to fulfill the terms of payment or does not meet Xxxx’x continuing credit requirements, Merz will have the option to do one or more of the following: (i) decline to accept orders or fulfill pending orders; (ii) require all pending and future orders to be on a prepaid basis; (iii) delay any shipment until payment is received by Merz or further assurances asked for by Merz are received; (iv) declare all outstanding sums immediately due and payable; or (v) require payment for all Products delivered hereunder to be made by irrevocable letter of credit in a form approved by Merz. Nothing contained herein will release Customer from any previous obligations. Customer will be liable to Merz for all costs incurred by Merz in its collection of any amounts owing by Customer which are not paid when due, including collection agencies’ and attorneys’ fees and expenses, regardless of whether a lawsuit is commenced. All orders are subject to current credit approval. From time to time, Merz may review Customer’s creditworthiness. Customer agrees to provide Merz with all credit information reasonably requested, and Customer represents and warrants to Merz now, and each time Customer places an order, that all information Customer has provided is true and correct.
Appears in 1 contract