Common use of Prices / Payment Terms Clause in Contracts

Prices / Payment Terms. 2.1 The prices and delivery options stated in our catalogues, printed matter, letters, etc. are subject to change; cost estimates are non-binding. The prices will apply without dis- counts or other rebates and, unless expressly agreed otherwise in the individual case, ex works/warehouse (EXW Incoterms 2020), excluding packaging, disposal costs, transport, insurance, assembly and commissioning, plus the applicable value added tax, customs duties and other public charges. 2.2 If the agreed prices are based on our list prices and the delivery/service is to take place more than four months after conclusion of the contract, the list prices valid at the time of delivery/service will apply. If special productions require the use of new technolo- xxxx or processes and result in additional costs, XXXX is entitled to demand an adjust- ment of the agreed prices to the altered costs; delivery deadlines and terms of payment are to be redefined accordingly. This provision is applicable only if the order confir- mation expressly refers to this possibility. In this case, the order confirmation describes the state of the art, which is the basis of the initial price. 2.3 In the absence of any agreements to the contrary, payments must be made immediately after invoicing without any deductions. • In the case of orders for plants, machinery and machinery parts with a total price of less than € 50,000.00, payments must be made as follows: for first order, ad- xxxxx payment or 30 days net, subject to a positive credit check, without deduction of discount. For subsequent orders, 30 days net after positive initial settlement, without deduction of discount, subject to a positive credit check. • For orders not including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 % immediately net after order confirmation, 40 % after delivery 30 days net, 10 % after release or commissioning 30 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. • For orders including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 % immediately net after order confirmation, 40 % after delivery 30 days net, 10 % after release or commissioning 30 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. • For the provision of services and assembly work, XXXX is entitled to invoice part payments for partial services rendered. XXXX can make the continuation of the work dependent on the payment of these partial invoices, unless the Customer pro- vides security for the amount invoiced. 2.4 If a fixed payment deadline is not met, default will occur without a reminder. In this case, XXXX is entitled to demand default interest at the statutory rate, unless XXXX proves a higher loss incurred as a result of default interest. XXXX reserves the right to assert further claims. 2.5 If the Customer is in default with an amount of at least 1/10 of the payment owed, the entire remaining amount will become due without reminder. If the Customer's buyer has paid for the Product in full or in part, XXXX'x claim against the Customer becomes due immediately. The same will apply in the event of cessation of payments, applica- tion for the opening of insolvency proceedings against the Customer's assets or in the event of compulsory enforcement. The Customer is entitled only to rights of set-off, retention and refusal of performance against XXXX'x claims if its counterclaims have been declared final and absolute or are undisputed by XXXX. The Customer may only exercise rights of retention and rights to refuse performance insofar as its counterclaim is based on the same contractual relationship. This will have no effect on the Custom- er's claims for defects. 2.6 XXXX is entitled to make the supply of outstanding goods and services dependent on advance payment or provision of a security if, after the contract has been concluded, it learns of circumstances which are likely to materially adversely affect the Custom- er's creditworthiness and which jeopardise the Customer's ability to pay XXXX'x out- standing claims under the respective contractual relationship (including other individ- ual orders under the same framework agreement). 2.7 In the absence of any other provision by the Customer, payments will be set off against the oldest outstanding invoice, including any associated ancillary costs.

Appears in 3 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

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Prices / Payment Terms. 2.1 The prices and delivery options stated in our catalogues, printed matter, letters, etc. are subject to change; cost estimates are non-binding. The prices will apply without dis- counts discounts or other rebates and, unless expressly agreed otherwise in the individual case, ex works/warehouse (EXW Incoterms 2020), excluding packaging, disposal costs, transport, insurance, assembly and commissioning, plus the applicable value added tax, customs cus- toms duties and other public charges. 2.2 If the agreed prices are based on our list prices and the delivery/service is to take place more than four months after conclusion of the contract, the list prices valid at the time of delivery/service will apply. If special productions pro- ductions require the use of new technolo- xxxx technologies or processes and result in additional costs, XXXX is entitled to demand an adjust- ment adjustment of the agreed prices to the altered costs; delivery deadlines and terms of payment are to be redefined accordingly. This provision is applicable only if the order confir- mation confirmation expressly refers to this possibility. In this case, the order confirmation describes the state of the art, which is the basis of the initial price. 2.3 In the absence of any agreements to the contrary, payments must be made immediately after invoicing without with- out any deductions. • In the case of orders for plants, machinery and machinery parts with a total price of less than € 50,000.00, payments must be made as follows: for first order, ad- xxxxx advance payment or 30 days net, subject to a positive credit check, without deduction of discount. For subsequent orders, 30 days net after positive initial settlementset tlement, without deduction of discount, subject to a positive credit check. • For orders not including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 % immediately net after order confirmation, 40 % after delivery 30 days net, 10 % after release or commissioning 30 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. • For orders including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 % immediately net after order confirmation, 40 % after delivery 30 days net, 10 % after release or commissioning 30 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. • For the provision of services and assembly work, XXXX is entitled to invoice part payments for partial services rendered. XXXX can make the continuation of the work dependent on the payment of these partial par tial invoices, unless the Customer pro- pro-vides security for the amount invoiced. 2.4 If a fixed payment deadline is not met, default will occur without a reminder. In this case, XXXX is entitled to demand default interest at the statutory rate, unless XXXX proves a higher loss incurred as a result of default interest. XXXX reserves the right to assert further claims. 2.5 If the Customer is in default with an amount of at least 1/10 of the payment owed, the entire remaining amount will become due without reminder. If the Customer's ’s buyer has paid for the Product in full or in part, XXXX'x XXXX’x claim against the Customer becomes due immediately. The same will apply in the event of cessation of paymentspay- ments, applica- tion application for the opening of insolvency proceedings against the Customer's ’s assets or in the event of compulsory enforcement. The Customer is entitled only to rights of set-off, retention and refusal of performance perfor- xxxxx against XXXX'x XXXX’x claims if its counterclaims have been declared final and absolute or are undisputed by XXXX. The Customer may only exercise rights of retention and rights to refuse performance insofar as its counterclaim is based on the same contractual relationship. This will have no effect on the Custom- er's Customer’s claims for defects. 2.6 XXXX is entitled to make the supply of outstanding goods and services dependent on advance payment or provision of a security if, after the contract has been concluded, it learns of circumstances which are likely to materially adversely affect the Custom- er's Customer’s creditworthiness and which jeopardise the Customer's ’s ability to pay XXXX'x out- standing XXXX’x outstanding claims under the respective contractual relationship (including other individ- ual individual orders under the same framework agreement). 2.7 In the absence of any other provision by the Customer, payments will be set off against the oldest outstanding invoice, including any associated ancillary costs.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Prices / Payment Terms. 2.1 The prices and delivery options stated in our catalogues, printed matter, letters, etc. are subject to change; cost estimates are non-binding. The prices will apply without dis- counts discounts or other rebates and, unless expressly agreed otherwise in the individual case, ex works/warehouse (EXW Incoterms 2020), excluding packaging, disposal costs, transport, insurance, assembly and commissioning, plus the applicable value added tax, customs duties and other public charges. 2.2 If the agreed prices are based on our list prices and the delivery/service is to take place more than four months after conclusion of the contract, the list prices valid at the time of delivery/service will apply. If special productions require the use of new technolo- xxxx technologies or processes and result in additional costs, XXXX is entitled to demand an adjust- ment adjustment of the agreed prices to the altered costs; delivery deadlines and terms of payment are to be redefined accordingly. This provision is applicable only if the order confir- mation confirmation expressly refers to this possibility. In this case, the order confirmation describes the state of the art, which is the basis of the initial price. 2.3 In the absence of any agreements to the contrary, payments must be made immediately after invoicing without any deductions. In the case of orders for plants, machinery and machinery parts with a total price of less than € 50,000.00, payments must be made as follows: for first order, ad- xxxxx advance payment or 30 days net, subject to a positive credit check, without deduction of discount. For subsequent orders, 30 days net after positive initial settlement, without deduction of discount, subject to a positive credit check. For orders not including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 % immediately net after order confirmation, 40 % after delivery 30 days net, 10 % after release or commissioning 30 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. For orders including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 % immediately net after order confirmation, 40 % after delivery 30 days net, 10 % after release or commissioning 30 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. For the provision of services and assembly work, XXXX is entitled to invoice part payments for partial services rendered. XXXX can make the continuation of the work dependent on the payment of these partial invoices, unless the Customer pro- vides provides security for the amount invoiced. 2.4 If a fixed payment deadline is not met, default will occur without a reminder. In this case, XXXX is entitled to demand default interest at the statutory rate, unless XXXX proves a higher loss incurred as a result of default interest. XXXX reserves the right to assert further claims. 2.5 If the Customer is in default with an amount of at least 1/10 of the payment owed, the entire remaining amount will become due without reminder. If the Customer's buyer has paid for the Product in full or in part, XXXX'x claim against the Customer becomes due immediately. The same will apply in the event of cessation of payments, applica- tion application for the opening of insolvency proceedings against the Customer's assets or in the event of compulsory enforcement. The Customer is entitled only to rights of set-set- off, retention and refusal of performance against XXXX'x claims if its counterclaims have been declared final and absolute or are undisputed by XXXX. The Customer may only exercise rights of retention and rights to refuse performance insofar as its counterclaim is based on the same contractual relationship. This will have no effect on the Custom- erCustomer's claims for defects. 2.6 XXXX is entitled to make the supply of outstanding goods and services dependent on advance payment or provision of a security if, after the contract has been concluded, it learns of circumstances which are likely to materially adversely affect the Custom- erCustomer's creditworthiness and which jeopardise the Customer's ability to pay XXXX'x out- standing outstanding claims under the respective contractual relationship (including other individ- ual individual orders under the same framework agreement). 2.7 In the absence of any other provision by the Customer, payments will be set off against the oldest outstanding invoice, including any associated ancillary costs.

Appears in 1 contract

Samples: General Terms and Conditions

Prices / Payment Terms. 2.1 The prices and delivery options stated in our catalogues, printed matter, letters, etc. are subject to change; cost estimates are non-binding. The prices will apply without dis- counts discounts or other rebates and, unless expressly agreed otherwise in the individual case, ex works/warehouse (EXW Incoterms 2020), excluding packaging, disposal costs, transport, insurance, assembly and commissioning, plus the applicable value added tax, customs duties and other public charges. 2.2 If the agreed prices are based on our list prices and the delivery/service is to take place more than four months after conclusion of the contract, the list prices valid at the time of delivery/service will apply. If special productions require the use of new technolo- xxxx technologies or processes and result in additional costs, XXXX WT is entitled to demand an adjust- ment adjustment of the agreed prices to the altered costs; delivery deadlines and terms of payment are to be redefined accordingly. This provision is applicable only if the order confir- mation confirmation expressly refers to this possibility. In this case, the order confirmation describes the state of the art, which is the basis of the initial price. 2.3 In the absence of any agreements to the contrary, payments must be made immediately after invoicing without any deductions. In the case of orders for plants, machinery and machinery parts with a total price of less than € 50,000.00, payments must be made as follows: for first order, ad- xxxxx advance payment or 30 days net, subject to a positive credit check, without deduction of discount. For subsequent orders, 30 days net after positive initial settlement, without deduction of discount, subject to a positive credit check. For orders not including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 % immediately net after order confirmation, 40 % immediately after announcement of readiness for first approval at the Company Waldorf Technik (delivery 30 days netshall take place after payment of the 2. partial invoice), 10 % after release or commissioning 30 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. For orders including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 % immediately net after order confirmation, 40 % immediately after announcement of readiness for first approval at the Company Waldorf Technik (delivery 30 days netshall take place after payment of the 2. partial invoice), 10 % after release or commissioning 30 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. For the provision of services and assembly work, XXXX WT is entitled to invoice part payments for partial services rendered. XXXX WT can make the continuation of the work dependent on the payment of these partial invoices, unless the Customer pro- vides provides security for the amount invoiced. 2.4 If a fixed payment deadline is not met, default will occur without a reminder. In this case, XXXX WT is entitled to demand default interest at the statutory rate, unless XXXX WT proves a higher loss incurred as a result of default interest. XXXX WT reserves the right to assert further claims. 2.5 If the Customer is in default with an amount of at least 1/10 of the payment owed, the entire remaining amount will become due without reminder. If the Customer's buyer has paid for the Product in full or in part, XXXX'x WT's claim against the Customer becomes due immediately. The same will apply in the event of cessation of payments, applica- tion application for the opening of insolvency proceedings against the Customer's assets or in the event of compulsory enforcement. The Customer is entitled only to rights of set-set- off, retention and refusal of performance against XXXX'x WT's claims if its counterclaims have been declared final and absolute or are undisputed by XXXXWT. The Customer may only exercise rights of retention and rights to refuse performance insofar as its counterclaim is based on the same contractual relationship. This will have no effect on the Custom- erCustomer's claims for defects. 2.6 XXXX WT is entitled to make the supply of outstanding goods and services dependent on advance payment or provision of a security if, after the contract has been concluded, it learns of circumstances which are likely to materially adversely affect the Custom- erCustomer's creditworthiness and which jeopardise the Customer's ability to pay XXXX'x out- standing WT's outstanding claims under the respective contractual relationship (including other individ- ual individual orders under the same framework agreement). 2.7 In the absence of any other provision by the Customer, payments will be set off against the oldest outstanding invoice, including any associated ancillary costs.

Appears in 1 contract

Samples: General Terms and Conditions

Prices / Payment Terms. 2.1 The prices and delivery options stated in our catalogues, printed matter, letters, etc. are subject to change; cost estimates are non-binding. The prices will apply without dis- counts discounts or other rebates and, unless expressly agreed otherwise in the individual case, ex works/warehouse (EXW Walther Systemtechnik Incoterms ® 2020), excluding packaging, disposal costs, transport, insurance, assembly and commissioning, plus the applicable value added tax, customs duties and other public charges. Place of lading is Walther Systemtechnik GmbH, Xxxxxxxxxxxx Xxx. 0, 00000 Xxxxxxxxxxx / Xxxxxxx. 2.2 If the agreed prices are based on our list prices and the delivery/service is to take place more than four months after conclusion of the contract, the list prices valid at the time of delivery/service will apply. If special productions require the use of new technolo- xxxx technologies or processes and result in additional costs, XXXX XXXXXXX is entitled to demand an adjust- ment adjustment of the agreed prices to the altered costs; delivery deadlines and terms of payment are to be redefined accordingly. This provision is applicable only if the order confir- mation confirmation expressly refers to this possibility. In this case, the order confirmation describes the state of the art, which is the basis of the initial price. 2.3 In the absence of any agreements to the contrary, payments must be made immediately after invoicing without any deductions. • In the case of orders for plants, machinery and machinery parts with a total price of less than € 50,000.00, payments must be made as follows: for first order, ad- xxxxx advance payment or 30 20 days net, subject to a positive credit check, without deduction of discount. For subsequent orders, 30 20 days net after positive initial settlement, without deduction of discount, subject to a positive credit check. • For orders not including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 40 % immediately 8 days net after order confirmation, 40 60 % after delivery 30 20 days net, 10 % after release or commissioning 30 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. • For orders including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 40 % immediately 8 days net after order confirmation, 40 60 % after delivery 30 20 days net, 10 % after release in each case without deduction of discount and subject to a positive credit check. • For assembly or commissioning 30 other services payments must be made as follows: 20 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. • For the provision of services and assembly work, XXXX XXXXXXX is entitled to invoice part payments for partial services rendered. XXXX XXXXXXX can make the continuation of the work dependent on the payment of these partial invoices, unless the Customer pro- vides provides security for the amount invoiced. 2.4 If a fixed payment deadline is not met, default will occur without a reminder. In this case, XXXX XXXXXXX is entitled to demand default interest at the statutory rate, unless XXXX XXXXXXX proves a higher loss incurred as a result of default interest. XXXX XXXXXXX reserves the right to assert further claims. 2.5 If the Customer is in default with an amount of at least 1/10 of the payment owed, the entire remaining amount will become due without reminder. If the Customer's buyer has paid for the Product in full or in part, XXXX'x XXXXXXX'x claim against the Customer becomes due immediately. The same will apply in the event of cessation of payments, applica- tion application for the opening of insolvency proceedings against the Customer's assets or in the event of compulsory enforcement. The Customer is entitled only to rights of set-set- off, retention and refusal of performance against XXXX'x XXXXXXX'x claims if its counterclaims have been declared final and absolute or are undisputed by XXXXXXXXXXX. The Customer may only exercise rights of retention and rights to refuse performance insofar as its counterclaim is based on the same contractual relationship. This will have no effect on the Custom- erCustomer's claims for defects. 2.6 XXXX XXXXXXX is entitled to make the supply of outstanding goods and services dependent on advance payment or provision of a security if, after the contract has been concluded, it learns of circumstances which are likely to materially adversely affect the Custom- erCustomer's creditworthiness and which jeopardise the Customer's ability to pay XXXX'x out- standing XXXXXXX'x outstanding claims under the respective contractual relationship (including other individ- ual individual orders under the same framework agreement). 2.7 In the absence of any other provision by the Customer, payments will be set off against the oldest outstanding invoice, including any associated ancillary costs.

Appears in 1 contract

Samples: General Terms and Conditions

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Prices / Payment Terms. 2.1 The prices and delivery options stated in our catalogues, printed matter, letters, etc. are subject to change; cost estimates are non-binding. The prices will apply without dis- counts or other rebates and, unless expressly agreed otherwise in the individual case, ex works/warehouse (EXW Incoterms 2020), excluding packaging, disposal costs, transport, insurance, assembly and commissioning, plus the applicable value added tax, customs duties and other public charges. 2.2 If the agreed prices are based on our list prices and the delivery/service is to take place more than four months after conclusion of the contract, the list prices valid at the time of delivery/service will apply. If special productions require the use of new technolo- xxxx or processes and result in additional costs, XXXX is entitled to demand an adjust- ment of the agreed prices to the altered costs; delivery deadlines and terms of payment are to be redefined accordingly. This provision is applicable only if the order confir- mation expressly refers to this possibility. In this case, the order confirmation describes the state of the art, which is the basis of the initial price. 2.3 In the absence of any agreements to the contrary, payments must be made immediately after invoicing without any deductions. • In the case of orders for plants, machinery and machinery parts with a total price of less than € 50,000.00, payments must be made as follows: for first order, ad- xxxxx payment or 30 14 days net, subject to a positive credit check, without deduction of discount. For subsequent orders, 30 14 days net after positive initial settlement, without deduction of discount, subject to a positive credit check. • For orders not including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 40 % immediately 14 days net after order confirmation, 40 50 % after delivery 30 14 days net, 10 % after release or commissioning 30 14 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. • For orders including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 % immediately net after order confirmation, 40 % after delivery 30 days net, 10 % after release or commissioning 30 days net, but late. 90 days after deliverydeliv- ery, in each case without deduction of discount and subject to a positive credit check. • For the provision of services and assembly work, XXXX is entitled to invoice part payments for partial services rendered. XXXX can make the continuation of the work dependent on the payment of these partial invoices, unless the Customer pro- vides security for the amount invoiced. 2.4 If a fixed payment deadline is not met, default will occur without a reminder. In this case, XXXX is entitled to demand default interest at the statutory rate, unless XXXX proves a higher loss incurred as a result of default interest. XXXX reserves the right to assert further claims. 2.5 If the Customer is in default with an amount of at least 1/10 of the payment owed, the entire remaining amount will become due without reminder. If the Customer's buyer has paid for the Product in full or in part, XXXX'x claim against the Customer becomes due immediately. The same will apply in the event of cessation of payments, applica- tion for the opening of insolvency proceedings against the Customer's assets or in the event of compulsory enforcement. The Customer is entitled only to rights of set-off, retention and refusal of performance against XXXX'x claims if its counterclaims have been declared final and absolute or are undisputed by XXXX. The Customer may only exercise rights of retention and rights to refuse performance insofar as its counterclaim is based on the same contractual relationship. This will have no effect on the Custom- er's claims for defects. 2.6 XXXX is entitled to make the supply of outstanding goods and services dependent on advance payment or provision of a security if, after the contract has been concluded, it learns of circumstances which are likely to materially adversely affect the Custom- er's creditworthiness and which jeopardise the Customer's ability to pay XXXX'x out- standing claims under the respective contractual relationship (including other individ- ual orders under the same framework agreement). 2.7 In the absence of any other provision by the Customer, payments will be set off against the oldest outstanding invoice, including any associated ancillary costs.

Appears in 1 contract

Samples: General Terms and Conditions

Prices / Payment Terms. 2.1 The prices and delivery options stated in our catalogues, printed matter, letters, etc. are subject to change; cost estimates are non-binding. The prices will apply without dis- counts or other rebates and, unless expressly agreed otherwise in the individual case, ex works/warehouse (EXW Incoterms 2020), excluding packaging, disposal costs, transport, insurance, assembly and commissioning, plus the applicable value added tax, customs duties and other public charges. 2.2 If the agreed prices are based on our list prices and the delivery/service is to take place more than four months after conclusion of the contract, the list prices valid at the time of delivery/service will apply. If special productions require the use of new technolo- xxxx or processes and result in additional costs, XXXX is entitled to demand an adjust- ment of the agreed prices to the altered costs; delivery deadlines and terms of payment are to be redefined accordingly. This provision is applicable only if the order confir- mation expressly refers to this possibility. In this case, the order confirmation describes the state of the art, which is the basis of the initial price. 2.3 In the absence of any agreements to the contrary, payments must be made immediately after invoicing without any deductions. • In the case of orders for plants, machinery and machinery parts with a total price of less than € 50,000.0025,000.00, payments must be made as follows: for first order, ad- xxxxx payment or 30 15 days net, subject to a positive credit check, without deduction of discount. For subsequent orders, 30 days net after positive initial settlement, without deduction of discount, subject to a positive credit check. • For orders not including construction services with a total price of more than € 50,000.0025,000.00, payments must be made as follows: 50 % immediately net after order confirmation, 40 % after delivery 30 days net, 10 % after release or commissioning 30 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. • For orders including construction services with a total price of more than € 50,000.0025,000.00, payments must be made as follows: 50 % immediately net after order confirmation, 40 % after delivery 30 days net, 10 % after release or commissioning 30 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. • For the provision of services and assembly work, XXXX is entitled to invoice part payments for partial services rendered. XXXX can make the continuation of the work dependent on the payment of these partial invoices, unless the Customer pro- vides security for the amount invoiced. 2.4 If a fixed payment deadline is not met, default will occur without a reminder. In this case, XXXX is entitled to demand default interest at the statutory rate, unless XXXX proves a higher loss incurred as a result of default interest. XXXX reserves the right to assert further claims. 2.5 If the Customer is in default with an amount of at least 1/10 of the payment owed, the entire remaining amount will become due without reminder. If the Customer's buyer has paid for the Product in full or in part, XXXX'x claim against the Customer becomes due immediately. The same will apply in the event of cessation of payments, applica- tion for the opening of insolvency proceedings against the Customer's assets or in the event of compulsory enforcement. The Customer is entitled only to rights of set-off, retention and refusal of performance against XXXX'x claims if its counterclaims have been declared final and absolute or are undisputed by XXXX. The Customer may only exercise rights of retention and rights to refuse performance insofar as its counterclaim is based on the same contractual relationship. This will have no effect on the Custom- er's claims for defects. 2.6 XXXX is entitled to make the supply of outstanding goods and services dependent on advance payment or provision of a security if, after the contract has been concluded, it learns of circumstances which are likely to materially adversely affect the Custom- er's creditworthiness and which jeopardise the Customer's ability to pay XXXX'x out- standing claims under the respective contractual relationship (including other individ- ual orders under the same framework agreement). 2.7 In the absence of any other provision by the Customer, payments will be set off against the oldest outstanding invoice, including any associated ancillary costs.

Appears in 1 contract

Samples: General Terms and Conditions

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