Prices and Terms of Payment. (a) In consideration of the sale of Products and/or the performance of Services by Signify, Customer shall pay all prices and fees (“Prices”) in accordance with the Agreement and this section 2. Prices are in Euro and unless agreed otherwise based on Ex Works – Signify facility (INCOTERMS latest version). Unless stipulated otherwise by the applicable INCOTERMS, Prices do not include any taxes, duties or other governmental fees, now or hereafter enacted, including value-added or similar taxes levied by any government, and Signify may add these to the Price or invoice separately, and Customer will reimburse Signify promptly on first request.
(b) Subject to notice to Customer, Signify reserves the right to adjust Prices for Products and/or Services not yet delivered or performed to reflect variations in individual costs of more than five percent (5%) including any foreign exchange rate fluctuations, raw materials and other costs of manufacturing and distribution, and labor costs, that take effect between the date of the Agreement and delivery of Products and/or performance of Services. In addition, if an Agreement has a term longer than twelve (12) months, Signify may adjust Prices as of each 1st April (i) for the change in the most recently published inflation index compared to twelve (12) months earlier; and (ii) to reflect variations in the foreign exchange rate between US Dollar and Euro currency and/or Chinese Renminbi currency and the Euro currency of more than 5% since the date of an Offer.
(c) Any cancellation, delay or other change by Customer of a purchase order previously accepted by Signify will require the prior approval of Signify and the approval will be without prejudice to any rights or remedies Signify may have under the Agreement or at law. If, on request of Customer, Signify agrees to any such change in purchase order or a change in an Agreement, including an (partial) cancellation, delay or suspension, the addition, omission, alteration, substitution or modification of the design, quality, standard, quantity, manufacturing site or performance (including sequence, quantities or timing) of Products and/or Services (each, a “Variation”), or a Variation is required due to (i) changes in applicable laws, regulations or industry standards, (ii) emergency situations, (iii) incorrect or incomplete information provided by Customer, or (iv) non-compliance by Customer of any of its obligations under an Agreement, Customer shall reimburse Signify for...
Prices and Terms of Payment. 3.1 The Total Purchase Price (inclusive of any tax payable) shall be paid in accordance with the payment schedule set forth in Appendix B of this Agreement.
3.2 In the event that the Purchaser fails to fully settle the respective percentage of the Total Purchase Price before the prescribed deadlines and fails to make a written request to Bitmain no less than five (5) business days prior to the prescribed deadline and obtain Bitmain’s written consent, Bitmain shall be entitled to terminate this Agreement and the Purchase shall be liable for a reasonable liquidated damage (not a penalty) of [20]% of the purchase price of such batch of Products. If there are any remaining balance after deducting the liquidated damage, such remaining balance shall be refunded to the Purchaser free of any interest. If the Purchaser fails to pay the down payment on a timely basis and Bitmain has arranged production or procurement, Bitmain shall be entitled to request the Purchaser to be responsible for the loss related to such production or procurement.
3.3 The Total Purchase Price set forth in this Agreement is merely an estimate of the price and not the actual price. The actual price will be determined [one] month before the current batch is shipped and with reference to the market circumstances, provided that the actual price shall not be higher than the estimated price.
3.4 Upon receipt of notification of the actual price provided by Bitmain, the Purchaser shall be entitled to three options:
(i) continue to perform the Order of the current batch of the Product(s) with the original rated hashrate and pay the remaining amount at the actual price; or
(ii) request Bitmain to increase the rated hashrate in equivalent to the difference in price. Under this circumstance, Bitmain shall have the right to negotiate with the Purchaser for the amount of the additional rated hashrate based on its then inventory; or
(iii) partially or wholly cancel the Order of the current batch of Product(s). Under this circumstance, the Purchaser shall not claim any refund from Bitmain. If the Purchaser has made payments and there is remaining balance, such remaining balance shall be credited to the balance of the Purchaser and its affiliates. Furthermore, the Purchaser shall confirm in writing the result of its exercise of the options under this Clause within two (2) days after Bitmain provides the Purchaser with the actual price, and if it is overdue and no agreement is reached between the Parties, th...
Prices and Terms of Payment. 3.1 The Purchaser shall pay the Total Purchase Price in accordance with Appendix A of this Agreement.
3.2 The Parties understand and agree that the applicable prices of the Product(s) are inclusive of applicable bank transaction fees, export duties, but are exclusive of any and all applicable import duties, taxes and governmental charges. The Purchaser shall pay or reimburse Bitmain for all taxes levied on or assessed against the amounts payable hereunder. If any payment is subject to withholding, the Purchaser shall pay such additional amounts as necessary, to ensure that Bitmain receives the full amount it would have received had payment not been subject to such withholding.
Prices and Terms of Payment a. The Prices of the Products indicated in the Seller's catalogues, price lists and institutional website do not include VAT, which must be paid at the time of delivery or in accordance with the specific provisions indicated in the invoice. Unless otherwise specified, all prices indicated in any document or correspondence issued by the Seller are not inclusive of insurance, assistance and transport costs, nor of the accessory charges indicated in the Seller's catalogue in force at the time of conclusion of the contract. Taxes, stamps, customs charges and any other additional charges are not included in the prices. Subject to any exemption, such costs and charges shall be paid by the Purchaser and if paid by the Seller, the amount of such costs and charges shall be invoiced to the Purchaser in addition to the quoted prices. Prices are subject to corrections due to printing errors.
b. Payment of the Net Price indicated in the invoice must be made without any reduction as indicated in the order confirmation and in the invoice itself.
c. In addition to the other remedies permitted by applicable law or these General Terms and Conditions of Sale, the Seller reserves the right to charge interest on late payments, in accordance with current legislation.
d. If the Purchaser does not make payment according to the terms and conditions indicated by the Seller or if the Purchaser's activity is not conducted in accordance with the ordinary course of business, by this meaning, without any limitation, the issue of seizure or protest, or when payments have been delayed or bankruptcy proceedings have been requested or promoted, the Seller has the right, at his/her sole discretion, to suspend or cancel further deliveries and to declare any claim arising from the business relationship as immediately due. Furthermore the Seller can in such cases request advance payments or a guarantee deposit.
e. In the case of payments agreed upon on a deferred basis, if even a single instalment of the price is not paid on time, the Seller may immediately demand the full price with forfeiture of the Purchaser's term even if the conditions set out in Article 1186 of the Italian Civil Code are not met. Alternatively, the Seller may consider the contract as terminated for breach of contract, withholding all sums paid in the meantime by the Purchaser in excess of the amount due as compensation for damages.
f. Even in the event of notification of complaints due to defects, the Purchaser shall not ...
Prices and Terms of Payment. 3.1 Unless agreed otherwise in writing, prices exclude packing, freight, insurance and any other additional charges (such as storage, inspections by third parties). The price payable by the Customer under this Contract shall be referred to in this Contract as the “Contract Price”.
3.2 The Contract Price is exclusive of any indirect taxes (such as property, license, sales, use, value added or similar tax) and/or any duties, customs or public charges related to the Contract. The Customer agrees to pay or reimburse Siemens for any taxes, customs, duties or other public charges levied on Siemens in relation to the Supplies. All payments shall be made to Siemens’ bank account without deduction (e.g. deduction of withholding tax) within 30 days after issuance of the invoice. If the Customer is required to make a deduction by law, the sum payable shall be increased so that Siemens receives a net amount equal to the amount it would have received without such deduction. The Customer shall provide to Siemens tax receipts from the relevant tax authorities in connection with the payments in due course.
3.3 Without prejudice to any other rights it may have, Siemens may charge interest at 9 percentage points above the current base lending rate of the European Central Bank on any overdue payments.
3.4 Each party must pay all sums that it owes to the other party under this Contract free and clear without any set-off, counterclaim, deduction or withholding of any kind, save as agreed otherwise in writing or as may be required by law.
Prices and Terms of Payment. 3.1. MIKROS will invoice the Client for the prices quoted in respect of Services to be provided at the times set out in the relevant Quote or Contract for Services. Unless otherwise mutually agreed in writing, XXXXXX’s quoted prices are for services and materials requiring standard procedures based upon the use of MIKROS facilities and personnel during normal working hours.
3.2. XXXXXX shall be entitled to make an adjustment to any quoted prices in the event that additional costs are incurred, or likely to be incurred, by reason of:
3.2.1. the Client Materials (or any part thereof) being, in the reasonable opinion of MIKROS, in any way defective, in an unsuitable format (or a different format to that which MIKROS is expecting to receive the same) or of unsuitable quality for normal processing;
3.2.2. any information supplied by the Client or any third party in connection with this Agreement and the Services being inaccurate or incomplete, or failing to give MIKROS a full and accurate indication of the work involved and/or time and resources required;
3.2.3. changes by the Client or any third party in its requirements for the Services or Works;
3.2.4. exceptional circumstances outside the control of MIKROS, including currency fluctuations and changes in third party costs; or
3.2.5. failure to timely provide any final instructions or Client approvals.
3.3. Subject to clause 3.4 and unless otherwise agreed by XXXXXX in writing, all invoices rendered by MIKROS are payable within 30 days of the date of invoice.
3.4. MIKROS expressly reserves the right, at its sole option, to require payment by instalments during the performance of this Agreement and/or to require payment of all amounts due to MIKROS in respect of Works to be provided prior to delivery of such Works.
Prices and Terms of Payment. 3.1 The Total Purchase Price (inclusive of any tax payable) shall be paid in accordance with the payment schedule set forth in Appendix B of this Agreement.
3.2 In the event that the Purchaser fails to fully settle the respective percentage of the Total Purchase Price before the prescribed deadlines and fails to make a written request to Bitmain no less than 5 business days prior to the prescribed deadline and obtain Bitmain’s written consent, Bitmain shall be entitled to terminate this Agreement and the Purchase shall be liable for a reasonable liquidated damage (not a penalty) of [20]% of the purchase price of such batch of Products. If there are any remaining balance after deducting the liquidated damage, such remaining balance shall be refunded to the Purchase free of any interest. If the Purchaser fails to pay the down payment on a timely basis and Bitmain has arranged production or procurement, Bitmain shall be entitled to request the Purchaser to be responsible for the loss related to such production or procurement.
3.3 The Parties understand and agree that the applicable prices of the Product(s) are inclusive of applicable bank transaction fee, but are exclusive of any and all applicable import duties, taxes and governmental charges. The Purchaser shall pay or reimburse Bitmain for all taxes levied on or assessed against the amounts payable hereunder. If any payment is subject to withholding, the Purchaser shall pay such additional amounts as necessary, to ensure that Bitmain receives the full amount it would have received had payment not been subject to such withholding.
Prices and Terms of Payment. (a) In consideration of the sale of Products and/or the performance of Services by Signify, Customer shall pay all prices and fees (“Prices”) in accordance with the Agreement and this section 2. Prices are in Euros and unless agreed otherwise based on Ex Works – Signify facility (INCOTERMS latest version). Unless stipulated otherwise by the applicable INCOTERMS, Prices do not include any taxes, duties or other governmental fees, now or hereafter enacted, including value-added or similar taxes levied by any government, and Signify may add these to the Price or invoice separately, and Customer will reimburse Signify promptly on first request.
(b) Subject to notice to Customer, Signify reserves the right to adjust Prices for Products and/or Services not yet delivered or performed to reflect variations in individual costs of more than five percent (5%) including any foreign exchange rate fluctuations, raw materials and other costs of manufacturing and distribution, and labor costs, that take effect between the date of the Agreement and delivery of Products and/or performance of Services. In addition, if an Agreement has a term longer than twelve (12) months, Signify may adjust Prices as of each 1st April (i) for the change in the most recently published central bank spot fixing index compared to twelve (12) months earlier; and
Prices and Terms of Payment. The Supplier shall be entitled to the prices set out in Appendix C.1. The prices set out shall, in accordance with DAP INCOTERMS 2020, include all costs of packaging, pallets, administration, insurance, documentation, etc., to be paid by the Sup- plier. All taxes, duties and government charges, that the Supplier is obligated to pay in accord- ance with DAP INCOTERMS 2020, or otherwise in connection with the Agreement, including custom, however exclusive of Danish VAT (in Danish: Moms), shall be included in the prices. The prices set out in Appendix C.1 shall be subject to price adjustments in accordance with Appendix F.
Prices and Terms of Payment. 3.1 Unless agreed otherwise in writing, Prices exclude additional charges (such as storage, inspections by third parties). The price payable by the Customer under this Contract shall be referred to in this Contract as the “Contract Price”.
3.2 Unless otherwise stated in the offer, the Contract Price is exclusive of any indirect taxes (such as property, license, sales, use, value added or similar tax) and/or any duties, customs or public charges related to the Contract. The Customer agrees to pay or reimburse Siemens for any taxes, customs, duties or other public charges levied on Siemens in relation to the Supplies. All payments shall be made to Siemens’ bank account without deduction unless such deduction is imposed by law, within 30 days after issuance of the invoice. The Customer shall provide to Siemens tax receipts from the relevant tax authorities in connection with the payments in due course.
3.3 Without prejudice to any other rights it may have, Siemens may charge interest at 5 percent per annum on any overdue payments.
3.4 Each party must pay all sums that it owes to the other party under this Contract free and clear without any set-off, counterclaim, deduction or withholding of any kind, save as agreed otherwise in writing or as may be required by law.
