Common use of Prices and Payment Terms Clause in Contracts

Prices and Payment Terms. Unless specifically noted, the quoted price only includes the manufacture and delivery of Product. It does not include any costs of inspection, tests, cost recovery items (including charges or fees relating to fuel or other surcharges, environmental matters, plant opening, tickets or fines, restricted loads, extra stops or diversions, minimum loads, weekend work, wait time, clean-up, cancellation, overtime, winter handling, summer cooling, returns, dumps or disposals) or charges due to Customer’s delays, actions or inactions, nor does it include taxes, bonds or other government levies, tariffs or duties, all of which, if applicable, are payable by the Customer. If a Customer is tax-exempt, it must present satisfactory proof of its tax exemption certificate prior to the time the Product is shipped. Customer will pay all invoices within 30 days of the date of the invoice. Late payments will accrue interest at the rate of 1.5% per month (18% per annum) and Customer shall be responsible for all of Supplier’s expenses (including legal fees) incurred in collecting any unpaid amounts. Notwithstanding any grant of credit to Customer by Supplier, if at any time the financial responsibility of the Customer becomes unsatisfactory to Supplier or the Customer is in default to Supplier or its affiliates under this or any other agreement, Supplier reserves the right to withhold further Product or require advance cash payment or satisfactory security prior to supplying any further Product. The Supplier shall be entitled to avail itself of any and all mechanic’s, materialman’s, or supplier’s lien rights that exist in any applicable jurisdiction to secure payment for Product. The Customer may not make any set-offs or deductions (including those for alleged damages or delays) from payments due hereunder. Any charges or fees imposed, including for fuel or environmental matters, are not represented to be a direct offset or pass through of the Supplier’s actual costs to service any individual account, but are intended to address its overall costs. Once accepted by Customer, the price under the Agreement is subject to change by Supplier, at its sole discretion, upon sixty (60) days’ notice to Customer

Appears in 6 contracts

Samples: Terms and Conditions of Sale, Terms and Conditions of Sale, Terms and Conditions of Sale

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Prices and Payment Terms. Unless specifically noted, the quoted price only includes the manufacture and delivery of Product. It does not include any costs of inspection, tests, cost recovery items (including charges or fees relating to fuel or other surcharges, environmental matters, plant opening, tickets or fines, restricted loads, extra stops or stops/diversions, minimum loads, weekend work, wait time, clean-up, cancellation, overtime, winter handling, summer cooling, or returns, or dumps or and disposals) or charges due to Customer’s delays, actions or inactions, nor does it include taxes, bonds or other government levies, tariffs or duties, all of which, if applicable, are payable by the Customer. If a Customer is tax-exempt, it must present satisfactory proof of its tax exemption certificate prior to the time the Product is shipped. Customer will pay all invoices within 30 days of the date of the invoice. Late payments will accrue interest at the rate of 1.5% per month (18% per annum) and Customer shall be responsible for all of Supplier’s expenses (including legal fees) incurred in collecting any unpaid amounts. Notwithstanding any grant of credit to Customer by Supplier, if at any time the financial responsibility of the Customer becomes unsatisfactory to Supplier or the Customer is in default to Supplier or its affiliates under this or any other agreement, Supplier reserves the right to withhold further Product or require advance cash payment or satisfactory security prior to supplying any further Product. The Supplier shall be entitled to avail itself of any and all mechanic’s, materialman’s, or supplier’s lien rights that exist in any applicable jurisdiction to secure payment for Product. The Customer may not make any set-offs or deductions (including those for alleged damages or delaysdamages) from payments due hereunder. Any charges or fees imposed, including for fuel or environmental matters, are not represented to be a direct offset or pass through of the Supplier’s actual costs to service any individual account, but are intended to address its overall costs. Once accepted by Customer, the price under the Agreement is subject to change by Supplier, at its sole discretion, upon sixty (60) days’ notice to Customer.

Appears in 2 contracts

Samples: Terms and Conditions of Sale, Terms and Conditions of Sale

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Prices and Payment Terms. Unless specifically noted, the quoted price only includes the manufacture and delivery of Product. It does not include any costs of inspection, tests, cost recovery items (including charges or fees relating to fuel or other surcharges, environmental matters, plant opening, tickets or fines, restricted loads, extra stops or stops/diversions, minimum loads, weekend work, wait time, clean-up, cancellation, overtime, winter handling, summer cooling, or returns, or dumps or and disposals) or charges due to Customer’s delays, actions or inactions, nor does it include taxes, bonds or other government levies, tariffs or dutiesduties (including sales and carbon taxes), all of which, if applicable, are payable by the Customer. If a Customer is tax-exempt, it must present satisfactory proof of its tax exemption certificate prior to the time the Product is shipped. Customer will pay all invoices within 30 28 days of the date of the invoice. Late payments will accrue interest at the rate of 1.5% per month (18% per annum) and Customer shall be responsible for all of Supplier’s expenses (including legal fees, which shall be on a substantial indemnity basis) incurred in collecting any unpaid amounts. Notwithstanding any grant of credit to Customer by Supplier, if at any time the financial responsibility of the Customer becomes unsatisfactory to Supplier or the Customer is in default to Supplier or its affiliates under this or any other agreement, Supplier reserves the right to withhold further Product or require advance cash payment or satisfactory security prior to supplying any further Product. The Supplier shall be entitled to avail itself of any and all mechanic’s, materialman’s, or supplier’s lien rights that exist in any applicable jurisdiction to secure payment for Product. The Customer may not make any set-offs or deductions (including those for alleged damages or delaysdamages) from payments due hereunder. Any charges or fees imposed, including for fuel or fuel, environmental matters, recovered concrete, carbon tax, or TOARC, are not represented to be a direct offset or pass through of the Supplier’s actual costs to service any individual account, but are intended to address its overall costs. Once accepted by Customer, the price under the Agreement is subject to change by Supplier, at its sole discretion, upon sixty (60) days’ notice to Customer.

Appears in 1 contract

Samples: Terms and Conditions of Sale

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