Prices and Payments Clause Samples

Prices and Payments. 1. Unless otherwise agreed, the prices are understood in EURO ex factory in- cluding loading but excluding packaging. The value-added tax of the legal amount will be added to the prices for domestic supplies and clearances as well as charges and other public dues in case of export delivery. If, in case of foreign-related business, the goods remain within the country or no evi- dence on export is provided, we may elect to charge the value-added tax of the legally valid amount and other costs. All other taxes, charges and other dues imposed outside the Federal Republic of Germany shall be borne by the customer. 2. If a substantial change of important cost factors such as cost for wages, pri- ▇▇▇▇ material or trade occurs between the conclusion of the contract and the delivery date, the parties shall agree on a reasonable adjustment of the agreed prices according to the influence the important cost factors. 3. Unless otherwise agreed expressly, payments shall be made net cash within 30 days after the date of the invoice without any costs. The reception at our company will determine the date of payment. If the customer does not pay when due, interests of 5% p.a. shall be paid for the outstanding amounts from the due date; this shall not affect the claim for higher interests and other damage in case of a default. Possibly granted price reductions or dis- counts will be inapplicable in case of a default of payment. 4. Payments by drafts which are accepted by us only after an express agree- ment and on account of payment shall not justify a claim for discount. 5. We are entitled to provide outstanding deliveries or services against advance payment or a security if - after the conclusion of the contract - we get to know circumstances which may adversely affect the customer‘s creditwor- thiness considerably and endanger the payment of our unsettled claims by the customer from the relevant contractual relationship (including from oth- er individual orders to which the same general contract is applicable). 6. The offsetting of customer‘s counterclaims or a retention of payments be- cause of such claims shall only be allowed if such counterclaims are undis- puted or have been established as final and absolute. 7. As far as we advise the readiness for shipment of the goods and this is not before the contractually agreed date, we may elect to invoice our service. In case of a readiness for shipment prior to the contractually agreed date the payment term shall start from...

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. 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 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇, Vienna 1040, Austria

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. 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 ▇▇▇▇▇. 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 ▇▇▇▇▇’s opinion the Buyer’s financial status can jeopardize their creditor’s rights resulting from the supply, ▇▇▇▇▇ 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. 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. (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. 14.1 The order confirmation specifies the price to be paid by you for building, supplying, and delivering the relevant Dell Offering, and any charges for additional services. The price and any charges exclude VAT, any applicable levies and other taxes, which shall be paid by you. 14.2 Where agreed between the parties, either in writing signed on behalf of both Parties or by means of standard schemes available to all Partners through the Program, you may be entitled to rebates or discounts on Dell Offering purchases. Discounts will be applied at the point of order but rebates will generally be applied by means of credit note issued to you, for adjustment against future orders. Any marketing development funding agreed between the Parties to be payable by Dell in respect of Dell Offering marketing initiatives, will be payable by Dell only on the basis of a valid invoice issued to Dell in accordance with Section 11.3. 14.3 Unless otherwise agreed in writing by Dell and subject to allocated credit based upon our assessment of your corporate strength, payment terms will be 30 days from date of invoice. Late payment interest charges at 4% above the EURIBOR 3 month rate quoted on the date of invoice will apply to overdue sums. Dell reserves the right to pass your debts to third parties for collection. Dell reserves the right to withhold delivery of future orders in case of late or non-payment of an invoice. 14.4 You have 14 (fourteen) days from date of invoice to raise any queries or disputes, otherwise the invoice will be deemed accurate and due for payment on the 30th day after the date of invoice. Disputed parts of invoices or entirely disputed invoices will not be due for payment until 14 (fourteen) days after the date when the dispute is resolved. Undisputed parts of invoices must be paid as indicated above. 14.5 You shall not be entitled to make any set-offs, deductions, or deferments to the sums due under an invoice, whether or not in respect of any disputes or claims whatsoever (in respect of which section 14.4 will apply). 14.6 We provide you with specific pricing and other assistance and support and this pricing and assistance and support is conditional (unless expressly otherwise agreed in writing) on the relevant Dell Offering being onward sold directly to a business for their own use rather than being resold again, used by you, being supplied to a private individual for personal use or being supplied to a different end user from the one that you infor...

Prices and Payments. 3.1 Unless expressly agreed otherwise, the specified rates are FCA, named place (Incoterms 2020). The applicable VAT shall be invoiced separately. For the avoidance of any doubt the rates under the Agreement does not include any costs related to shipment and taxes, levies, duties or any other similar costs. If unclear from the invoice, the purchase price is without VAT. 3.2 The following payment terms shall apply: 3.2.1 Within 30 days after receipt of an invoice, unless agreed otherwise; 3.2.2 For Agreements with a net value of more than USD 1,000,000 (or its equivalent in other currency), the Customer shall make: (i) advance payments of 25% of the Agreement value without undue delay from the Order Confirmation, however, no later than within three (3) business days therefrom; and (ii) make all remaining payments without undue delay from notification of a shipment, however, no later than within three (3) business days therefrom. 3.3 The Customer shall only be entitled to set off any claims against the Seller, if such claims have been acknowledged by the Seller and/or judicially established. This shall apply mutatis mutandis to rights of retention of the Customer. 3.4 The Seller is entitled to reimbursement of any additional costs with respect to the delivery or manufacturing of the Product in case the Current Situation (as defined in Section 5.3) would cause an increase of such costs. Such reimbursement must be paid by the Customer upon the notice delivered by the Seller without undue delay. The Seller also reserves the right to adjust the quoted price of any Product after the issue of the Offer or the Order Confirmation but before shipping, in the event that the manufacture of such Product is affected by the Current Situation (in particular the higher price of materials such as stainless steel). In such event, the Seller will forward the Customer a “Notice of Price Adjustment” at least thirty (30) days in advance, and will reflect the adjusted pricing in its invoice when issued.