Prices and Payments. 1. The price listed by the Contractor or otherwise the price commonly charged by the Contractor for the respective service is decisive, plus statutory value-added tax insofar as such is applicable. In case of transnational services, any possibly applicable taxes, fees, customs fees, and other charges (of any kind) incurred for the transnational service shall be borne by the Principal.
2. If, within the scope of contracts for the performance of a continuing obligation and long-term contracts, the Contractor's prime costs increase and such increase is not within the Contractor's own scope of responsibility, the Contractor is authorized to an appropriate price increase commensurate with the increase of its prime costs; if the Principal does not consent to such price increase it is authorized to terminate the Agreement within four weeks after receipt of such notification of a price increase; otherwise, the increase is deemed to be mutually agreed upon. A right to a price increase pursuant to this provision does not exist if the Principal is a Consumer.
3. The Principal shall pay the remuneration owed without any cash discounts, free of charge to the Contractor, and within two weeks after receipt of the invoice, to the bank account stated by the Contractor. Credit entry at the Contractor's account is decisive for the timeliness of the payment. The Contractor reserves the right to request appropriate installment payments and appropriate advance payments.
4. If the Agreement is based on a cost estimate, and if it turns out that the costs will be significantly higher than the amount estimated vis-a-vis the Principal, then the Contractor will inform the Principal of such in writing. In this case the Principal is authorized to terminate the Agreement in writing, within two weeks after receipt of such notification. In the event of a termination, the Contractor is authorized to request partial remuneration commensurate with the services already provided. Furthermore, the Contractor is authorized to request compensation for any expenses not included in the remuneration but incurred due to the provision of services.
5. If the Principal owes interest and expenses in addition to a possibly existing principal claim, any payment by the Principal that does not fully redeem the total sum will first be credited against expenses, secondly against interest, and lastly against the principal claim.
6. The Principal is entitled to offset and retention rights only if its counterclai...
Prices and Payments. 7.1 The Client shall pay to DSI for the provision of the Services the Charges in the manner and at the times set out in this Clause and in the relevant SOW.
7.2 DSI shall have the right to increase the Charges at each twelve month anniversary of the Commencement Date in accordance with the Index.
7.3 Notwithstanding the provisions of Clause 7.2, if at any time the costs charged to DSI by third party suppliers of materials or services increase, DSI shall also be entitled to increase the Charges to reflect the same giving as much notice to the Client as is reasonably possible. DSI shall provide confirmation of the increase of such costs. Postal charges will be adjusted periodically in accordance with Royal Mail postage rate price increases. Revised unit rates will be communicated to the Client giving as much notice as reasonably possible.
7.4 All sums due to DSI under this Agreement shall be payable by the Client as specified in the relevant SOW. Postal charges shall be invoiced in advance, (or weekly in arrears by special arrangement) by DSI. Production charges shall be invoiced in arrears by DSI. Non-postal Invoices shall be payable within 30 days of date of invoice. Postal invoices shall be paid within 7 days of receipt of invoice. The Client shall notify DSI within 7 days of receipt if it disputes any item on any invoice and until such dispute is resolved, shall not be liable to pay such disputed element of the invoice. The Client shall pay the undisputed balance of such invoice in accordance with its terms. If upon investigation by DSI it transpires that such disputed amount is properly due then DSI shall be entitled to charge interest in accordance with Clause 7.6 on the disputed sum for the period from the original due date until actual receipt of payment.
7.5 All sums due to DSI under this Agreement are exclusive of all taxes and VAT which shall be charged in accordance with the relevant regulations in force at the time of making the relevant taxable supply and shall be paid by the Client against receipt from DSI of a valid VAT invoice. DSI shall be entitled to recover VAT applicable to the Charges from the Client, including, but not limited to, circumstances where there has been a change in law or regulator practice or a ruling of the relevant authority (including HMRC) which requires DSI to invoice for VAT. DSI shall not be liable for any VAT or tax related advice.
7.6 DSI reserves the right to charge daily interest on all undisputed outstanding am...
Prices and Payments. Subject to the provisions of the Supply Agreement, all prices are firm and shall not be subject to change. Seller’s price includes all payroll and/or occupational taxes, any value added tax that is not recoverable by Buyer and any other taxes, fees and/or duties applicable to the goods and/or services purchased under this Order; provided, however, that any state and local sales, use, excise and/or privilege taxes, if applicable, will not be included in Seller’s price but will be separately identified on Seller’s invoice. If Seller is obligated by law to charge any value added and/or similar tax to Buyer, Seller shall ensure that if such value-added and/or similar tax is applicable, that it is invoiced to Buyer in accordance with applicable rules so as to allow Buyer to reclaim such value-added and/or similar tax from the appropriate government authority. Neither party is responsible for taxes on the other party’s income or the income of the other party’s personnel or subcontractors. If Buyer is required by government regulation to withhold taxes for which Seller is responsible, Buyer will deduct such withholding tax from payment to Seller and provide to Seller a valid tax receipt in Seller’s name. If Seller is exempt from such withholding taxes as a result of a tax treaty or other regime, Seller shall provide to Buyer a valid tax treaty residency certificate or other tax exemption certificate at a minimum of thirty (30) days prior to payment being due. Payment terms are net due [...***...] from the Payment Start Date. The received date of the goods and/or services in Buyer’s receiving system will occur: a) in the case of goods/materials shipped directly to a customer of Buyer (“Material Shipped Direct” or “MSD”), including balance of plant and goods sent to a non-Buyer/non-customer facility in accordance with this Order to be incorporated into MSD, within 48 hours of Buyer being presented with a valid xxxx of lading confirming that the goods have been shipped from Seller’s facility or in the case of services performed directly for a customer of Buyer, within 48
Prices and Payments. Prices are: a) EXW, ex Calvi factory, b) net of any tax, duty and/or due, c) net of shipping and transport costs. Payments shall be effected by the Buyer in accordance with the terms and procedures explicitly indicated and agreed in writing in the CO, terms and procedures shall be considered mandatory, binding and essential. Any early payment before the terms indicated and agreed in writing in the CO shall be considered as payment in advance. Any payments effected to any agents, representatives and/or sales collaborators shall not considered effected and, therefore, they don’t free the Buyer from his obligation, until the relevant amounts are not received by Xxxxx. No exception of any kind, even owing to supposed or also ascertained faults, defects or deviations of Products, can be claimed to exclude or delay the payment of invoices, that shall be effected according to the terms and conditions indicated in the CO. The Buyer shall, therefore, be bound to the complete payment of Products, even in case of exceptions, claims and/or disputes to be only settled after the payment of the amount due by the Buyer. The Buyer renounces in advance the offsetting with any credits of the Company, of any order and kind, unless otherwise agreed in writing and signed by the Parties in the CO. In case of instalment payment, the non-payment even of a single instalment and/or part of it, in compliance with the terms and conditions indicated in the CO, will entitle Calvi to declare that the Buyer has lost the benefit of the instalment payment term with consequent collectability of the whole credit. Whenever in Xxxxx’s opinion the Buyer’s financial status can jeopardize their creditor’s rights resulting from the supply, Xxxxx will be authorized to suspend the execution of the supply till the Buyer can issue an adequate guarantee to be agreed in writing between the Parties about his solvency with reference to the complete payment of the supply of Products. Any delayed payment and/or non-payment and/or payment irregularities non conforming to the terms indicated in the CO authorize Calvi to:
a) suspend the supplies in progress, even if not concerning the payment in question; and
b) modify the payment and discount terms for the supply concerned by the delayed payment and/or the non-payment and for the following supplies, even by requesting the advance payment or the issue of further guarantees;
c) request, starting from the date of maturity of the payment and without formally placi...
Prices and Payments. (a) Distributor shall pay to Cipher the following:
(i) The Up-Front Payment in the amount and at the time as set out in Part A of Schedule C;
(ii) The Sales Milestone Payments in the amounts and at the time as set out in Part B of Schedule C;
(iii) The Purchase Price for Product supplied by Cipher in the amounts calculated in accordance with the provisions of Part C of Schedule C;
(iv) The Royalty Payments in the amounts and at the time as set out in Part D of Schedule C;
(b) Distributor shall make all payments contemplated by this Agreement in the lawful currency of the United States of America and Distributor shall make such payments to such address as Cipher may from time to time direct in writing to Distributor.
(c) Cipher shall pay all insurance and shipping costs and any Taxes imposed on shipment of Product from the Approved Manufacturer to the Contract Finisher. Distributor shall pay all insurance and shipping costs and any Taxes imposed on shipment of Product from the Contract Finisher to the location specified by Distributor.
(d) Distributor shall be responsible for the payment of any duties, levies or Taxes applied to the sale of the Product in the Territory by any relevant Tax authority.
(e) At such time as a Generic Equivalent is available for sale in the Territory by a Third Party, Cipher hereby authorizes Distributor, at Distributor’s option, to Market a Generic Equivalent supplied by Cipher (an “Authorized Generic”) in the Territory under Distributor’s trademarks subject to the following conditions: (i) Cipher shall manufacture and supply to Distributor, its Affiliates and any of its sublicenses, all of Distributor’s requirements of the Authorized Generic, in finished Product form; (ii) Distributor shall pay Cipher, within thirty (30) days following the end of each calendar quarter, the then current finished Product capsule price, as applicable, as set forth in Schedule F hereto; and (iii) a royalty based on Net Sales of the Authorized Generic at a rate equal to the same royalty rate set out in Part D of Schedule C provided in the event that a second Generic Equivalent (other than the Authorized Generic) is launched in the Territory, then the royalty payment is modified such that the same royalty rate is applied to the Authorized Generic’s Net Profit and the Net-to-Gross Floor shall not apply (“AG Royalty Payments”).
Prices and Payments. 1. The price listed by the Contractor or otherwise the price commonly charged by the Contractor for the respective service is decisive, plus statutory value-added tax insofar as such is applicable. In case of transnational services, any possibly applicable taxes, fees, customs fees, and other charges (of any kind) incurred for the transnational service shall be borne by the Principal.
2. If, within the scope of contracts for the performance of a continuing obligation and long-term contracts, the Contractor's prime costs increase and such increase is not within the Contractor's own scope of responsibility, the Contractor is authorized to an appropriate price increase commensurate with the increase of its prime costs; if the Principal does not consent to such price increase it is authorized to terminate the Agreement within four weeks after receipt of such notification of a price increase; otherwise, the increase is deemed to be mutually agreed upon. A right to a price increase pursuant to this provision does not exist if the Principal is a Consumer.
3. The Principal shall pay the remuneration owed without any cash discounts, free of charge to the Contractor, and within two weeks after receipt of the invoice, to the bank account stated by the Contractor. Credit entry at the Contractor's account is decisive for the timeliness of the payment. The Contractor reserves the right to request appropriate installment payments and appropriate advance payments.
4. If the Agreement is based on a cost estimate, and if it turns out that the costs will be significantly higher than the amount estimated vis-a-vis the Principal, then the Contractor will inform the Principal of such in text form. In this case the Principal is authorized to terminate the Agreement in writing, within two weeks after receipt of such notification. In the event of a termination, the Contractor is authorized to request partial remuneration commensurate with the services already provided. Furthermore, the Contractor is authorized to request compensation for any expenses not included in the remuneration but incurred due to the provision of services.
5. If the Principal owes interest and expenses in addition to a possibly existing principal claim, any payment by the Principal that does not fully redeem the total sum will first be credited against expenses, secondly against interest, and lastly against the principal claim.
6. The Principal is entitled to offset and retention rights only if its countercl...
Prices and Payments. 9.1 Except as specifically provided herein, all charges incurred by Seller in performing its obligations hereunder shall be paid by Seller and shall not be subject to reimbursement by Nortel.
9.2 Prices shall be firm throughout the Term [*] or an increased Nortel volume discount; unless changes to form, fit or function are implemented in any product at the request of Nortel. If said changes are requested by Nortel, Seller has to right to renegotiate price of affected product [*].
9.3 Prices are: (a) FCA Seller's Richardson, TX plant; (b) stated and payable in US currency; (c) include packing; and (d) exclude all applicable federal, state and local taxes and import duties or custom charges.
9.4 Seller agrees that the Prices charged to Nortel for Products and Repair Services supplied hereunder are and will continue to be [*], at a particular time, for the same Products purchased in similar quantities and under terms and conditions substantially similar to those contained in this Agreement, including, without limitation, any purchase commitments. For comparison purposes, Seller shall aggregate purchases of Products by all Nortel Companies.
9.5 Seller further agrees that the Prices charged to Nortel for Products and Repair Services supplied hereunder are and will continue to be [*] charged by Seller, at a particular time, [*] has entered into an OEM agreement (or similar contractual arrangement), for [*] Products purchased [*] to those contained in this Agreement, including without limitation, any purchase commitments. For comparison purposes, Seller shall aggregate purchases of Products by all Nortel Companies
9.6 Seller shall promptly notify and extend to Nortel [*] made by Seller in its published list prices and [*] shall apply to Blanket Purchase Orders, Releases and Purchase Orders received by Seller on or after the effective date of the price reduction. Any price decreases will be immediately applied to any Blanket Purchase Orders, Releases or Purchase Orders received and acknowledged but not delivered by Seller.
9.7 In an effort to provide Nortel the opportunity to competitively and profitably offer Products in high volume applications, [*].
9.8 Payment shall be due to Seller from Nortel [*] following the receipt by Nortel of an invoice for the Products, which invoice shall be delivered to Nortel no earlier than the Delivery Date of the Products. * Certain information on this page has been omitted and filed separately with the Securities and Exchange Co...
Prices and Payments. 5.1 The Contracting Authority undertakes to pay the Contractor, in consideration for the services rendered under the Specific Contract, a fixed price of . The total amount to be paid by the Contracting Authority under this Specific Contract shall be covering all tasks executed. This amount shall cover all expenditure incurred by the Contractor in performing this Specific Contract.
5.2 In conformity with Articles 1.5 of the Special Conditions and 2.5 of the General Conditions of the Framework Contract, the invoicing procedures for the services, once accepted by the Contracting Authority, are as follows: 100 % on completion of the work, based on tasks acceptance forms accepted and signed by the Contracting Authority in accordance with the form in Annex III (to be attached to the invoice)
5.3 Payments shall be made to account No [account nr] held with [name of the bank] on production of the invoice showing separately the amount of the fees and the VAT applied and within no more than from the date the invoice is received by the Unit indicated in article 5.4 below. Invoices presented by the Contractor shall indicate his place of taxation for VAT purposes and shall specify separately the amounts not including VAT from those amounts including VAT. The payment shall be deemed to have been effected on the day the Contracting Authority's financial account is debited.
5.4 The address for invoices is: European Union Agency for Fundamental Rights to the attention of Administration Department Xxxxxxxxxxxxxxxxxx 00, Vienna 1040, Austria
Prices and Payments. Unless otherwise stated on the face of this Purchase Order, Seller shall invoice Purchaser for one hundred percent (100%) of the purchase price within thirty (30) days after delivery. Purchaser shall remit full payment of the purchase price to Seller by wire transfer within forty five (45) days of receipt of Seller's invoice. All prices specified here in are firm and shall not be subject to change, and includes all federal and state income taxes and payroll taxes. Seller's invoice shall separately state any local sales, use, VAT or other types of local taxes and duties applicable to the goods furnished to the Purchaser. No extra charges of any kind will be allowed unless specifically agreed to in writing by the Purchaser. Purchaser shall be entitled at all time to set-off any amount owing, excluding disputed claims, at any time from Seller to Purchaser against any amount payable at any time by Purchaser in connections with this between Purchaser and Seller.
Prices and Payments. 2.1 If prices are not shown in our Purchase Order, they will not be higher than the last ones applied, and in any case, they should be the lowest currently in effect.
2.2 Unless different terms are specified in our Purchase Orders, normal payment method is bank transfer to 20 days invoice date with 2% discount or 60 days invoice date without discount.
