Common use of Prices and Payments Clause in Contracts

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 counterclaims are legally ascertained, undisputed, or acknowledged in writing by the Contractor. This limitation does not apply to the Principal's claims for defects arising from the same contractual relation as the Contractor's payment claim. If the contract partner is a Consumer, then in contrast to clause 1, such contract partner is on principle entitled to unlimited retention rights for claims arising from the same contractual relation. 7. If, after conclusion of the Agreement, it becomes clear that the Contractor's claims vis-a-vis the Principal are at risk due to the Principal's lack of ability to perform, the Contractor is authorized to perform outstanding services only against advance payment or provision of a security as well as settlement of possibly still outstanding receivables for partial services already provided and arising from the Agreement, and - after unsuccessful expiration of a grace period - is authorized to withdraw from the Agreement; No. 4 clause 3 of this provision applies accordingly. 8. In case of payment default, the Principal owes default interest in the amount of 9 percentage points above the base interest rate if the Principal is an Entrepreneur; in the amount of 5 percentage points above the base interest rate if the Principal is a Consumer. The Contractor is entitled to assert further claims if it can prove higher damage to the Principal. The Contractor is furthermore entitled to charge a flat rate of € 40.00 if the Principal is an Entrepreneur. This shall also apply if the payment default relates to any kind of an installment. In case the Contractor may claim further compensation for damage, the flat rate has to be credited against such claims, . If the Principal is a Consumer the Contractor is entitled to charge a flat rate of € 5.00 per reminder. The Principal is entitled to provide evidence that the Contractor did not incur any damage or incurred significantly lower damage.

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 taxes and value-added tax insofar as such is are applicable. In case of transnational services, any possibly Principal is responsible for all applicable taxes, fees, customs fees, and other charges (of any kind) incurred for the transnational service shall be borne by Contractor’s service. Principal defends, indemnifies and holds harmless Contractor for any claims, demands or actions arising out of or related to the Principalfailure to pay taxes, fees, customs fess or other charges. 2. Iflf, within the scope of contracts for the performance of a continuing obligation and long-term contracts, the Contractor's ’s prime costs increase and such increase is not within the Contractor's ’s own scope of responsibility, the Contractor is authorized to an appropriate price increase commensurate with the increase of its it 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 In the event of a price increase pursuant to this provision does not exist if termination, the Principal is a Consumerwill pay Contractor for all services provided prior to the termination and any expenses incurred by Contractor. 3. The Principal shall pay the remuneration owed without any cash discounts, free of charge to the Contractor, and within two weeks thirty days 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 request, and Principal agrees to pay, appropriate installment payments and appropriate advance payments. 4. If the Agreement is 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 Principalestimated, then the Contractor will inform the Principal of such in text formwriting. 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 Principal will pay Contractor is authorized for all services provided prior to request partial remuneration commensurate with the services already provided. Furthermore, the Contractor is authorized to request compensation for termination and any expenses not included in incurred by the remuneration but incurred due Contractor. Principal’s failure to object to the provision increased costs within two weeks of servicesnotice from Contractor constitutes Principal’s acceptance of the higher costs. 5. If the Principal owes interest and expenses in addition to a possibly existing principal claimamounts due to Contractor, 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 waives any right to offset setoff or recoupment and retention rights only if its counterclaims are legally ascertained, undisputed, agrees to pay all sums due to Contractor irrespective of whether Principal believes it has suffered any damages or acknowledged in writing by the Contractor. This limitation does not apply to the Principal's claims for defects arising from the same contractual relation as the Contractor's payment claim. If the contract partner is a Consumer, then in contrast to clause 1, such contract partner is on principle entitled to unlimited retention rights for claims arising from the same contractual relationlosses. 7. If, after conclusion of the If Contractor has bona fide concerns that Principal will not perform its obligations under this Agreement, it becomes clear that the Contractor's claims vis-a-vis the Principal are at risk due to the Principal's lack of ability to perform, the Contractor is authorized to may in its sole discretion perform outstanding services only against and only in the event that it holds advance payment or provision of other security. Contractor may in its sole discretion insist that all overdue amounts be paid before Contractor continues its work and Contractor may suspend work if Principal fails to pay invoices in a security as well as settlement of possibly still outstanding receivables for partial services already provided and arising from the Agreement, and - after unsuccessful expiration of a grace period - timely manner. The Contractor is authorized to withdraw from this Agreement and terminate its work if Principal fails to pay invoices in a timely manner and Principal remains liable to Contractor for all services provided and expenses incurred prior to the Agreement; No. 4 clause 3 of this provision applies accordinglytermination as well as any losses or damages resulting from the termination. 8. In case of For any payment defaultowed by Principal that is not received by Contractor by the date required, interest will accrue at the Principal owes default interest in the amount of 9 percentage points above the base simple interest rate if of 1.5% per month (18% per annum) until paid in full. Principal will pay Contractor all costs and attorneys’ fees incurred by Contractor in any litigation between the Principal is an Entrepreneur; in the amount of 5 percentage points above the base interest rate if the Principal is a Consumer. The Contractor is entitled parties, including, but not limited to, any litigation seeking to assert further claims if it can prove higher damage to the collect overdue amounts from Principal. The Contractor is furthermore entitled Principal also agrees to charge a flat rate pay $10.00 for each notice of € 40.00 if the Principal is an Entrepreneur. This shall also apply if the overdue payment default relates to any kind of an installment. In case the Contractor may claim further compensation for damage, the flat rate has to be credited against such claims, . If the Principal is a Consumer the Contractor is entitled to charge a flat rate of € 5.00 per reminder. The Principal is entitled to provide evidence that the Contractor did not incur any damage or incurred significantly lower damagesent by Contractor.