Prices and Payment. 5.1 The Charges payable for the Goods and/or the Services shall be that stated in the Order and unless otherwise stated shall be: 5.1.1 inclusive of all charges including, but not limited to, packaging material, packing, shipping, loading, unloading, carriage insurance and delivery of the Goods to the delivery address and any duties, imports, levies or taxes other than value added tax; and 5.1.2 fixed for the duration of the Agreement. 5.2 No variation in the Charges nor extra charges can be made (whether on account of increased material, labour or transport costs, fluctuations in rates of exchange or otherwise) without the prior written consent of the Company. 5.3 The Supplier shall be required to provide a minimum of 1 month’s written notice of any proposed increase in price. Any such proposed increases shall have no effect until accepted by the Company in writing. 5.4 The Supplier shall pass onto the Company the benefit of lower prices as a consequence of any decrease in costs. 5.5 The Supplier shall be entitled to invoice the Company on or at any time after delivery of the Goods or Services and shall attach a copy of the relevant Order to each invoice which it issues under this Agreement. 5.6 The Company shall pay the Charges in the currency stipulated in the Order not later than 30 days after the Supplier delivers a valid VAT invoice or satisfactory completion of the Order whichever is the later, unless different payment terms have been agreed in writing by the Company. 5.7 Following receipt of any invoice, if the Company notifies the Supplier of a bona fide dispute concerning the Charges payable under such invoice, then the Company shall pay any undisputed amount but shall be entitled to withhold the amount in dispute pending resolution of that dispute. For the avoidance of doubt, the Supplier’s obligations to provide the Goods and/or Services shall in no way be affected by any dispute in relation to the Charges or payment of them. 5.8 Without prejudice to any other right or remedy, the Company reserves the right to set off any amount owing at any time from the Supplier to the Company against any sums payable by the Company to the Supplier under the Agreement however arising and whether any such liability is present or future, liquidated or unliquidated. 5.9 If the Company fails to make payment in accordance with this Condition 5 and the relevant Order, the Supplier shall be entitled to charge interest on the overdue amount at a rate of 2% above the base rate of Barclays Bank plc from time to time in force from the date on which such amount fell due until payment.
Appears in 4 contracts
Samples: Terms & Conditions of Purchase of Goods or Services, Terms & Conditions of Purchase, Terms & Conditions of Purchase of Goods or Services
Prices and Payment. 5.1 4.1 The Charges payable for the Services or the Goods and/or the Services shall be that stated in the Order and unless otherwise stated shall be:
5.1.1 4.1.1 inclusive of all charges including, but not limited to, packaging material, packing, shipping, loading, unloading, carriage insurance and delivery of the Goods to the delivery address and any duties, imports, levies or taxes other than value added tax; and
5.1.2 4.1.2 fixed for the duration of the Agreement.
5.2 4.2 No variation in the Charges nor extra charges can be made (whether on account of increased material, labour or transport costs, fluctuations in rates of exchange or otherwise) without the prior written consent of the Company.
5.3 4.3 The Contractor or Supplier shall be required to provide a minimum of 1 month’s written notice of any proposed increase in price. Any such proposed increases shall have no effect until accepted by the Company in writing.
5.4 4.4 The Contractor or Supplier shall pass onto the Company the benefit of lower prices as a consequence of any decrease in costs.
5.5 4.5 The Contractor or Supplier shall be entitled to invoice the Company on or at any time after delivery of the Services or Goods or Services and shall attach a copy of the relevant Order to each invoice which it issues under this Agreement.
5.6 4.6 The Company shall pay the Charges in the currency stipulated in the Order not no later than 30 days after the Contractor or Supplier delivers provides a valid VAT invoice or satisfactory completion of the Order whichever is the laterinvoice, unless different payment terms have been agreed in writing by the Company.
5.7 4.7 Following receipt of any invoice, if the Company notifies the Contractor or Supplier of a bona fide dispute concerning the Charges payable under such invoice, then the Company shall pay any undisputed amount but shall be entitled to withhold the amount in dispute pending resolution of that dispute. For the avoidance of doubt, the Contractor’s obligation to provide the Services or the Supplier’s obligations to provide the Goods and/or Services shall in no way be affected by any dispute in relation to the Charges or payment of them.
5.8 4.8 Without prejudice to any other right or remedy, the Company reserves the right to set off any amount owing at any time from the Contractor or Supplier to the Company against any sums payable by the Company to the Contractor or Supplier under the Agreement however arising and whether any such liability is present or future, liquidated or unliquidated.
5.9 4.9 If the Company fails to make payment in accordance with this Condition 5 4 and the relevant Order, the Contractor or Supplier shall be entitled to charge interest on the overdue amount at a rate of 2% above the base rate of Barclays Bank plc from time to time in force from the date on which such amount fell due until payment.
Appears in 2 contracts
Samples: Terms & Conditions of Purchase, Terms & Conditions of Purchase of Goods or Services
Prices and Payment. 5.1 14.1 The Charges price payable for the Goods and/or and the Services shall be that stated in the Order and unless otherwise stated shall be:
5.1.1 14.1.1 inclusive of all charges including, but not limited to, packaging material, packing, shipping, loading, unloadingcarriage insurance, carriage insurance and delivery of the Goods to the delivery address and any duties, imports, levies or taxes other than value added tax (or equivalent sales tax); and
5.1.2 14.1.2 fixed for the duration of the Agreement.
5.2 14.2 No variation in the Charges price nor extra charges can shall be made by the Supplier (whether on account of increased material, labour or transport costs, fluctuations in rates of exchange or otherwise) without the prior written consent of the Company.
5.3 The Supplier shall be required to provide a minimum of 1 month’s written notice of any proposed increase in price. Any such proposed increases shall have no effect until accepted 14.3 Unless otherwise agreed by the Company in writing.
5.4 The , the Supplier shall pass onto the Company the benefit of lower prices as a consequence of any decrease in costs.
5.5 The Supplier shall be entitled to invoice the Company on after: (i) delivery of the Goods; or at any time after delivery (ii) performance of the Services.
14.4 The Company shall pay the price of the Goods or Services and shall attach a copy of the relevant Order to each invoice which it issues under this Agreement.
5.6 The Company shall pay the Charges in the currency stipulated in the Order not later than 30 45 days after following: (i) the Supplier delivers a valid VAT invoice date of invoice; or (ii) satisfactory completion of the Order Order, whichever is the later, unless different payment terms have been agreed in writing by the Company.
5.7 Following receipt of any invoice, if the Company notifies the Supplier of a bona fide dispute concerning the Charges payable under such invoice, then the Company shall pay any undisputed amount but shall be entitled to withhold the amount in dispute pending resolution of that dispute. For the avoidance of doubt, the Supplier’s obligations to provide the Goods and/or Services shall in no way be affected by any dispute in relation to the Charges or payment of them.
5.8 14.5 Without prejudice to any other right or remedy, the Company reserves the right to set off any amount owing at any time from the Supplier to the Company against any sums payable by the Company to the Supplier under the Agreement however arising and whether any such liability is present or future, liquidated or unliquidatedAgreement.
5.9 14.6 All invoices (which shall be valid for VAT purposes), advice notes, delivery notes, packing notes, bills of lading, certificates of insurance and other documents shall quote the Company’s Official Purchase Order Number and the Company’s Bulk Purchase Order Release Number when appropriate and be cross referenced to each other.
14.7 If the Company fails to make any payment in accordance with this Condition 5 and by the relevant Orderdue, the then Supplier shall be entitled to may charge interest on the overdue amount at a the rate of 2% per annum above the Barclays Bank plc's base rate of Barclays Bank plc from time to time in force time. Such interest shall accrue on a daily basis from the due date on which such amount fell due until paymentthe date of actual payment of the overdue amount, whether before or after judgment. This clause shall not apply to payments that the defaulting party disputes in good faith.
Appears in 1 contract
Samples: Supplier Agreement
Prices and Payment. 5.1 The Charges payable for the Goods and/or and the Services shall be that stated in the Order and unless otherwise stated shall be:
5.1.1 inclusive of all charges including, but not limited to, packaging material, packing, shipping, loading, unloading, carriage insurance and delivery of the Goods to the delivery address and any duties, imports, levies or taxes other than value added tax; and
5.1.2 fixed for the duration of the Agreementcontract.
5.2 No variation in the Charges nor extra charges can be made (whether on account of increased material, labour or transport costs, fluctuations in rates of exchange or otherwise) without the prior written consent of the Company.
5.3 The Supplier shall be required to provide a minimum of 1 month’s written notice of any proposed increase in price. Any such proposed increases shall have no effect until accepted by the Company in writing.
5.4 The Supplier shall pass onto the Company the benefit of lower prices as a consequence of any decrease in costs.
5.5 The Supplier shall be entitled to invoice the Company on or at any time after delivery of the Goods or Services and shall attach a copy of include the relevant Purchase Order to Number on each invoice which it issues under this Agreement.
5.6 5.4 The Company shall pay the Charges in the currency stipulated in the Order not later than 30 days one month after the last day of the month in which the Supplier delivers a valid VAT invoice or satisfactory completion of the Order whichever is the later, unless different payment terms have been agreed in writing by the Company.
5.7 5.5 Following receipt of any invoice, if the Company notifies the Supplier of a bona fide dispute concerning the Charges payable under such invoice, then the Company shall pay any undisputed amount but shall be entitled to withhold the amount in dispute pending resolution of that dispute. For the avoidance of doubt, the Supplier’s obligations to provide the Goods and/or and Services shall in no way be affected by any dispute in relation to the Charges or payment of them.
5.8 5.6 Without prejudice to any other right or remedy, the Company reserves the right to set off any amount owing at any time from the Supplier to the Company against any sums payable by the Company to the Supplier under the Agreement however arising and whether any such liability is present or future, liquidated or unliquidated.
5.9 5.7 If the Company fails to make payment in accordance with this Condition 5 and the relevant Order, the Supplier shall be entitled to charge interest on the overdue amount at a rate of 2% above the base rate of Barclays Bank plc from time to time in force from the date on which such amount fell due until payment.
Appears in 1 contract
Samples: Terms & Conditions of Purchase of Goods or Services
Prices and Payment. 5.1 The Charges payable for the Goods and/or the Services shall be that stated in the Order and unless otherwise stated shall be:
5.1.1 inclusive of all charges including, but not limited to, packaging material, packing, shipping, loading, unloading, carriage insurance and delivery of the Goods to the delivery address and any duties, imports, levies or taxes other than value added tax; and
5.1.2 fixed for the duration of the Agreement.
5.2 No variation in the Charges nor extra charges can be made (whether on account of increased material, labour or transport costs, fluctuations in rates of exchange or otherwise) without the prior written consent of the Company.
5.3 The Supplier shall be required to provide a minimum of 1 month’s written notice of any proposed increase in price. Any such proposed increases shall have no effect until accepted by the Company in writing.
5.4 The Supplier shall pass onto the Company the benefit of lower prices as a consequence of any decrease in costs.
5.5 The Supplier shall be entitled to invoice the Company on or at any time after delivery of the Goods or Services and shall attach att ach a copy of the relevant Order to each invoice which it issues under this Agreement.
5.6 The Company shall pay the Charges in the currency stipulated in the Order not later than 30 days after the Supplier delivers a valid VAT invoice or satisfactory completion of the Order whichever is the later, unless different payment terms have been agreed in writing by the Company.
5.7 Following receipt of any invoice, if the Company notifies the Supplier of a bona fide dispute concerning the Charges payable under such invoice, then the Company shall pay any undisputed amount but shall be entitled to withhold the amount in dispute pending resolution of that dispute. For the avoidance of doubt, the Supplier’s obligations to provide the Goods and/or Services shall in no way be affected by any dispute in relation to the Charges or payment of them.
5.8 Without prejudice to any other right or remedy, the Company reserves the right to set off any amount owing at any time from the Supplier to the Company against any sums payable by the Company to the Supplier under the Agreement however arising and whether any such liability is present or future, liquidated or unliquidated.
5.9 If the Company fails to make payment in accordance with this Condition 5 and the relevant Order, the Supplier shall be entitled entitl ed to charge interest on the overdue amount at a rate of 2% above the base rate of Barclays Bank plc from time to time in force from the date on which such amount fell due until payment.
Appears in 1 contract
Samples: Terms & Conditions of Purchase of Goods or Services
Prices and Payment. 5.1 (1) The Charges payable prices shall apply to the scope of supplies and services specified in the relevant order confirmation. Extra or special services shall be invoiced separately. Prices are to be understood in EUR ex works plus packaging, plus statutory VAT, as well as plus customs and fees and other public duties in the case of export deliveries. Any other taxes, customs and duties incurred for the Goods supplies and/or services, especially inspection or evaluation fees charged by government authorities or other third parties, are not included in the Services prices and shall be reimbursed to the Contractor.
(2) If the supplies and/or services are to be provided and/or performed more than four months after the conclusion of the contract, and if no fixed prices have been agreed upon, prices shall be subject to appropriate adjustments due to changes in wage, material and distribution costs for supplies and services that stated are provided/performed four months after the conclusion of the contract or later.
(3) Invoices shall be settled within fourteen (14) days without deduction unless something different has been agreed upon in writing. The receipt of payment by the Contractor shall be authoritative for the date of payment. Payment by cheque shall be excluded unless specifically agreed upon in individual cases. In the case of a delay in payment by the Client, the Contractor may claim interest in the Order and unless otherwise stated shall be:
5.1.1 inclusive amount of all charges including, but not limited to, packaging material, packing, shipping, loading, unloading, carriage insurance and delivery 9 percentage points per annum above the relevant base rate of the Goods European Central Bank; the assertion of higher interest and other damages shall remain unaffected by this in case of delay.
(4) The offsetting with counter-claims by the Client or the withholding of payments due to such claims is only admissible to the delivery address and any dutiesextent such counter-claims are undisputed, importslegally upheld or ready for decision, levies or taxes other than value added tax; and
5.1.2 fixed for if they result from the duration of same order under which the Agreementrelevant supplies and/or services have been provided/performed.
5.2 No variation in the Charges nor extra charges can be made (whether on account of increased material, labour or transport costs, fluctuations in rates of exchange or otherwise5) without the prior written consent of the Company.
5.3 The Supplier shall be required to provide a minimum of 1 month’s written notice of any proposed increase in price. Any such proposed increases shall have no effect until accepted by the Company in writing.
5.4 The Supplier shall pass onto the Company the benefit of lower prices as a consequence of any decrease in costs.
5.5 The Supplier Contractor shall be entitled to invoice deliver or perform outstanding supplies or services against prior payment or against provision of security only, if facts that are likely to materially impair the Company on or Client’s creditworthiness and may put at any time after delivery risk payment of the Goods or Services and shall attach a copy Contractor’s outstanding receivables by the Client from the relevant contractual relationship (including other single orders covered by the same master contract) become known to the Contractor after the conclusion of the relevant Order to each invoice which it issues under this Agreement.
5.6 The Company shall pay contract. This is especially the Charges in the currency stipulated in the Order not later than 30 days after the Supplier delivers a valid VAT invoice or satisfactory completion of the Order whichever is the later, unless different payment terms have been agreed in writing by the Company.
5.7 Following receipt of any invoice, case if the Company notifies the Supplier Client is in default of a bona fide dispute concerning the Charges payable under such invoice, then the Company shall pay any undisputed amount but shall be entitled to withhold the amount in dispute pending resolution of that dispute. For the avoidance of doubt, the Supplier’s obligations to provide the Goods and/or Services shall in no way be affected by any dispute in relation to the Charges or payment of themdue payments.
5.8 Without prejudice to any other right or remedy, the Company reserves the right to set off any amount owing at any time from the Supplier to the Company against any sums payable by the Company to the Supplier under the Agreement however arising and whether any such liability is present or future, liquidated or unliquidated.
5.9 If the Company fails to make payment in accordance with this Condition 5 and the relevant Order, the Supplier shall be entitled to charge interest on the overdue amount at a rate of 2% above the base rate of Barclays Bank plc from time to time in force from the date on which such amount fell due until payment.
Appears in 1 contract
Samples: General Terms and Conditions
Prices and Payment. 5.1 4.1 The Charges payable for the Services or the Goods and/or the Services shall be that stated in the Order and unless otherwise stated shall be:
5.1.1 4.1.1 inclusive of all charges including, but not limited to, packaging material, packing, shipping, loading, unloading, carriage insurance and delivery of the Goods to the delivery address and any duties, imports, levies or taxes other than value added tax; and
5.1.2 4.1.2 fixed for the duration of the Agreement.
5.2 4.2 No variation in the Charges nor extra charges can be made (whether on account of increased material, labour or transport costs, fluctuations in rates of exchange or otherwise) without the prior written consent of the CompanyCharity.
5.3 4.3 The Contractor or Supplier shall be required to provide a minimum of 1 month’s written notice of any proposed increase in price. Any such proposed increases shall have no effect until accepted by the Company Charity in writing.
5.4 4.4 The Contractor or Supplier shall pass onto the Company Charity the benefit of lower prices as a consequence of any decrease in costs.
5.5 4.5 The Contractor or Supplier shall be entitled to invoice the Company Charity on or at any time after delivery of the Services or Goods or Services and shall attach a copy of the relevant Order to each invoice which it issues under this Agreement.. September 2023
5.6 4.6 The Company Charity shall pay the Charges in the currency stipulated in the Order not no later than 30 days after the Contractor or Supplier delivers provides a valid VAT invoice or satisfactory completion of the Order whichever is the laterinvoice, unless different payment terms have been agreed in writing by the CompanyCharity.
5.7 4.7 Following receipt of any invoice, if the Company Charity notifies the Contractor or Supplier of a bona fide dispute concerning the Charges payable under such invoice, then the Company Charity shall pay any undisputed amount but shall be entitled to withhold the amount in dispute pending resolution of that dispute. For the avoidance of doubt, the Contractor’s obligation to provide the Services or the Supplier’s obligations to provide the Goods and/or Services shall in no way be affected by any dispute in relation to the Charges or payment of them.
5.8 4.8 Without prejudice to any other right or remedy, the Company Charity reserves the right to set off any amount owing at any time from the Contractor or Supplier to the Company Charity against any sums payable by the Company Charity to the Contractor or Supplier under the Agreement however arising and whether any such liability is present or future, liquidated or unliquidated.
5.9 4.9 If the Company Charity fails to make payment in accordance with this Condition 5 4 and the relevant Order, the Contractor or Supplier shall be entitled entitl ed to charge interest on the overdue amount at a rate of 2% above the base rate of Barclays Bank plc from time to time in force from the date on which such amount fell due until payment.
Appears in 1 contract
Samples: Terms and Conditions of Purchase
Prices and Payment. 5.1 a. The Charges price payable for the Goods and/or the Services shall be that stated in the Order price quoted provided a written order is received within thirty days of the quote. There shall be added to the price for the Goods any delivery, insurance or certification charges and unless otherwise stated shall be:
5.1.1 inclusive of all charges includingany value-added tax and any other tax or duty relating to the manufacture, but not limited totransportation, packaging materialexport, packing, shipping, loading, unloading, carriage insurance and sales or delivery of the Goods to the delivery address and any duties, imports, levies or taxes other than value added tax; and
5.1.2 fixed for the duration of the Agreement.
5.2 No variation in the Charges nor extra charges can be made (whether initially charged on account of increased material, labour or transport costs, fluctuations in rates of exchange or otherwise) without the prior written consent of the Company.
5.3 The Supplier shall be required to provide a minimum of 1 month’s written notice of any proposed increase in price. Any such proposed increases shall have no effect until accepted payable by the Company or the Purchaser). The price includes standard packing but if the Contract stipulates, or the Purchaser requests, additional packing arrangements may be available, the extra costs of which will be passed on to the Purchaser. Unless specifically stated in writingthe contract, delivery and test certification will be charged by the Company and payable by the Purchaser.
5.4 The Supplier shall pass onto b. Subject to credit being approved, accounts are due for payment not later than the end of the month following the month of despatch; otherwise payment in full must be received by the Company the benefit of lower prices before delivery. When deliveries are spread over a period, each consignment will be invoiced as despatched and each month's invoices will be treated as a consequence separate account and be payable accordingly. If the Purchaser fails to pay for any goods or for any delivery or instalment or if the Company comes to have bona-fide doubts about the solvency of any decrease in costs.
5.5 The Supplier the Purchaser, the Company shall be entitled to invoice suspend further deliveries and work both on the Company same order and on or at any time after delivery of other order from the Goods or Services and shall attach a copy of the relevant Order to each invoice which it issues under this Agreement.
5.6 The Company shall pay the Charges in the currency stipulated in the Order not later than 30 days after the Supplier delivers a valid VAT invoice or satisfactory completion of the Order whichever is the later, unless different payment terms have been agreed in writing by the Company.
5.7 Following receipt of any invoice, if the Company notifies the Supplier of a bona fide dispute concerning the Charges payable under such invoice, then the Company shall pay any undisputed amount but shall be entitled to withhold the amount in dispute pending resolution of that dispute. For the avoidance of doubt, the Supplier’s obligations to provide the Goods and/or Services shall in no way be affected by any dispute in relation to the Charges or payment of them.
5.8 Without Purchaser without prejudice to any other right or remedythe Company may have.
c. Without prejudice to such other rights as the Company may have in respect thereof, the Company reserves the right to set off any amount owing at any time charge interest on overdue payments from the Supplier date they become due up to the date on which payment is received by the company at borrowing rates than current but not less than 3% above the Company's Banker's rate from time to time in force. Such interest shall be payable before and after any judgement.
d. The Company shall have an absolute right of set-off at its election of any monies due under this contract from the Purchaser to the Company against any sums payable debt or debts owing by the Company to the Supplier under Purchaser in respect of any contracts between the Agreement however arising and whether any such liability is present or future, liquidated or unliquidatedparties.
5.9 If e. The price is exclusive of any applicable value-added tax, which the Company fails to make payment in accordance with this Condition 5 and the relevant Order, the Supplier Purchaser shall be entitled additionally liable to charge interest on pay the overdue amount at a rate of 2% above the base rate of Barclays Bank plc from time to time in force from the date on which such amount fell due until paymentCompany.
Appears in 1 contract
Samples: Conditions of Sale