Common use of PRICES; PAYMENT Clause in Contracts

PRICES; PAYMENT. 2.1. Unless otherwise agreed by the Parties in writing, prices for Products and Services are net cash, and the Buyer shall pay all taxes and charges for transportation, insurance, shipping, custom clearance, storage, handling, demurrage and similar items. Any increase in any such charges that becomes effective after the date of Order Confirmation shall be borne exclusively by the Buyer. 2.2. If Order Confirmation deals with Products, all prices are calculated on the basis of the Products as measured and weighed at the departure point. 2.3. The price includes standard packaging. Any other packing or outer packaging will be subject to additional charges to the Buyer. 2.4. Unless otherwise agreed in writing by the Parties, invoice payments shall be made net cash, without any deductions, within thirty (30) days following the date of the invoice issued by Pennakem. Invoice shall be sent by Pennakem on the date of Delivery. 2.5. If the Buyer is subject to bankruptcy or insolvency proceedings, then Pennakem shall not be bound by the period of payment stated above and payment shall be made in cash either prior to the dispatch of the Products (or prior to their manufacture at the sole discretion of Pennakem) or the performance of the Services. 2.6. If the Buyer fails to pay on the due date, the Buyer shall be obligated to pay, unless otherwise agreed in writing by the Parties, ipso jure and without prior notification, interest at the rate of US Prime (with a floor of zero) + six (6) % as from the due date of the invoice until complete payment, without prejudice to any other rights of Pennakem. 0.0. Xx the event of payment delay or late performance by Buyer of any of its obligations, Pennakem shall have the right to terminate the Contract or to suspend the performance of that portion of the Contract which it has not yet performed without the Buyer's consent; it shall also result in all sums due which are to be paid by the Buyer, even those which have not yet matured, becoming immediately payable without notification on the part of Pennakem. 2.8. Pennakem shall have the right to compensate the Buyer's debts and/or to use payments for the settlement of the invoices which have been outstanding longer than thirty (30) days plus any interest on arrears and costs accrued thereon, in the following order: costs, interest, invoiced amounts. 2.9. The Buyer shall not be entitled either to withhold payments or to proceed to any compensation set off even in case of dispute with Pennakem, unless there is a mutually agreed amount that Pennakem is accountable for due to reasons covered under the contract. In the event of payment delay, the Buyer shall not be entitled to use, dispose and more generally to take any steps (neither sale, nor processing) which may affect the Products or the performance of the Services. 2.10. Cost of destruction of any Products or unused raw materials are not included in Pennakem's prices. Such costs will therefore be charged by Pennakem to the Buyer in addition to the agreed price. 2.11. Unless otherwise agreed in writing by the Parties, analytical services performed by Pennakem, specific chromatography columns, reagents, or reference standards and all associated costs related to such services are not included in the pricing of Pennakem and will be charged separately by Pennakem to the Buyer 2.12. Pennakem will store the Products to be delivered to Buyer for a period of 14 days following the date of release. Any storage exceeding this period of time will be invoiced separately to the Buyer. Furthermore, any exceeding storage of materials necessary for the production of the Products in relation with a change of initial agreed delivery date of postponement or cancellation of production by the Buyer will be charged by Pennakem to the Buyer. 2.13. The purchase price of raw materials has been designed in relation with the defined specifications, quality standard and origin defined by the Buyer. In the absence of such definition by the Buyer, Pennakem will select raw material suppliers according to their cost of supply and to quality requirements. In the event other standard of quality are required, either by Buyer or by necessary adjustments arising during performance of the Contract, then the prices of Pennakem will be adjusted accordingly in order to take the purchase price of the new raw materials into account.

PRICES; PAYMENT. 2.1. Unless otherwise agreed by the Parties in writing, prices for Products and Services are net cash, and the Buyer shall pay all taxes and charges for transportation, insurance, shipping, custom clearance, storage, handling, demurrage and similar items. Any increase in any such charges that becomes effective after the date of Order Confirmation shall be borne exclusively by the Buyer. 2.2. If Order Confirmation deals with Products, all prices are calculated on the basis of the Products as measured and weighed at the departure point. 2.3. The price includes standard packaging. Any other packing or outer packaging will be subject to additional charges to the Buyer. 2.4. Unless otherwise agreed in writing by the Parties, invoice payments shall be made net cash, without any deductions, within thirty (30) days following the date of the invoice issued by Pennakemthe Seller. Invoice shall be sent by Pennakem the Seller on the date of Delivery. 2.5. If the Buyer is subject to bankruptcy or insolvency proceedings, then Pennakem the Seller shall not be bound by the period of payment stated above and payment shall be made in cash either prior to the dispatch of the Products (or prior to their manufacture at the sole discretion of Pennakemthe Seller) or the performance of the Services. 2.6. If the Buyer fails to pay on the due date, the Buyer shall be obligated to pay, unless otherwise agreed in writing by the Parties, ipso jure and without prior notification, interest at the rate of US Prime EURIBOR (with a floor of zero) + six (6) % as from the due date of the invoice until complete payment, without prejudice to any other rights of Pennakemthe Seller. 0.0. Xx the event of payment delay or late performance by Buyer of any of its obligations, Pennakem the Seller shall have the right to terminate the Contract or to suspend the performance of that portion of the Contract which it has not yet performed without the Buyer's consent; it shall also result in all sums due which are to be paid by the Buyer, even those which have not yet matured, becoming immediately payable without notification on the part of Pennakemthe Seller. 2.8. Pennakem The Seller shall have the right to compensate the Buyer's debts and/or to use payments for the settlement of the invoices which have been outstanding longer than thirty (30) days plus any interest on arrears and costs accrued thereon, in the following order: costs, interest, invoiced amounts. 2.9. The Buyer shall not be entitled either to withhold payments or to proceed to any compensation set off even in case of dispute with Pennakem, unless there is a mutually agreed amount that Pennakem is accountable for due to reasons covered under the contractSeller. In the event of payment delay, the Buyer shall not be entitled to use, dispose and more generally to take any steps (neither sale, nor processing) which may affect the Products or the performance of the Services. 2.10. Cost of destruction of any Products or unused raw materials are not included in Pennakemthe Seller's prices. Such costs will therefore be charged by Pennakem the Seller to the Buyer in addition to the agreed price. 2.11. Unless otherwise agreed in writing by the Parties, For analytical services performed by Pennakemthe Seller, specific chromatography columns, reagents, or reference standards and all associated costs related to such services are not included in the pricing of Pennakem the Seller and will be charged separately by Pennakem the Seller to the Buyer. 2.12. Pennakem The Seller will store the Products to be delivered to Buyer for a period of 14 days following the date of release. Any storage exceeding this period of time will be invoiced separately to the Buyer. Furthermore, any exceeding storage of materials necessary for the production of the Products in relation with a change of initial agreed delivery date of postponement or cancellation of production by the Buyer will be charged by Pennakem the Seller to the Buyer. 2.13. The purchase price of raw materials has been designed in relation with the defined specifications, quality standard and origin defined by the Buyer. In the absence of such definition by the Buyer, Pennakem the Seller will select raw material suppliers according to their cost of supply and to quality requirements. In the event other standard of quality are required, either by Buyer or by necessary adjustments arising during performance of the Contract, then the prices of Pennakem the Seller will be adjusted accordingly in order to take the purchase price of the new raw materials into account.

PRICES; PAYMENT. 2.16.1. Unless otherwise agreed by the Parties You shall pay invoiced amounts in writingGBP (£). Prices are exclusive of value added tax (VAT) and other applicable taxes, prices for Products and Services are net cashcontributions, and the Buyer shall pay all taxes similar or associated fees and charges for transportationcosts, insurance, shipping, custom clearance, storage, handling, demurrage and similar items. Any increase in any such charges that becomes effective after the date of Order Confirmation which shall be borne exclusively and paid for by the Buyeryou. 2.2. If Order Confirmation deals with Products, all prices are calculated on the basis of the Products as measured and weighed at the departure point. 2.3. The price includes standard packaging. Any other packing or outer packaging will be subject to additional charges to the Buyer. 2.46.2. Unless otherwise agreed in writing writing, payments must be received by the Parties, invoice payments shall be made net cash, without any deductions, EVBox within thirty (30) days following of the date of issuance of the invoice issued by Pennakeminvoice. Invoice shall be sent by Pennakem on the date of Delivery. 2.5. If the Buyer is subject to bankruptcy or insolvency proceedings, then Pennakem We shall not be bound obliged to correct the invoices if the information you have provided during the ordering process is inaccurate or if the conditions set out in the Order Confirmation are modified by you after the period of payment stated above and payment shall be made in cash either prior to the dispatch issuance of the Products (Order Confirmation. 6.3. You must inform us in writing, before submitting a purchase order, if a vendor registration form, purchase order, or prior any other documents are required by you to their manufacture at pay the sole discretion invoices. You must communicate such requirements to us, and these can never constitute a valid reason for you to withhold the payment. 6.4. You are not entitled to suspend or delay any of Pennakem) or the performance your obligations, including any payment obligation. Invoices are considered paid upon our receipt of the Servicesfull invoiced amount, cleared in full. Payments must reference the corresponding invoice number. 2.66.5. If the Buyer fails you fail to pay on an amount by the due date, you shall automatically be in default by operation of law without any further notice being required. We may assign the Buyer collection to a collection agency at any time starting from the moment you are in default. In that event, and notwithstanding any other rights and remedies we may have under applicable law, we shall be obligated entitled to pay, unless otherwise agreed in writing by the Parties, ipso jure charge you (i) interest on all due and without prior notification, interest at the rate of US Prime (with a floor of zero) + six (6) % as unpaid amounts from the due date of the unpaid invoice until complete paymentat a rate of 1% per month above the statutory interest for commercial agreements applying under applicable law, without prejudice to and (ii) all reasonable administrative, internal, and extrajudicial collection cost. 6.6. You must raise any disputes on invoices in writing during the agreed payment term. Such notice must explain in detail which part of the invoice is disputed and the reason. Beyond the agreed payment term, all amounts are deemed undisputed, fully due and payable by you. 6.7. You shall not set-off any amount or apply any other rights form of Pennakem. 0.0. Xx the event of payment delay or late performance by Buyer of any of its obligations, Pennakem shall have the right to terminate the Contract or to suspend the performance of that portion of the Contract which it has not yet performed without the Buyer's consent; it shall also result in all sums due which are to be paid by the Buyer, even those which have not yet matured, becoming immediately payable without notification on the part of Pennakem. 2.8. Pennakem shall have the right to compensate the Buyer's debts and/or to use payments for the settlement of the invoices which have been outstanding longer than thirty (30) days plus any interest on arrears and costs accrued thereon, in the following order: costs, interest, invoiced amounts. 2.9. The Buyer shall not be entitled either to withhold payments or to proceed to any compensation set off even in case of dispute with Pennakemdeduction, unless there is a mutually agreed amount that Pennakem is accountable for due to reasons covered under the contract. In the event of payment delay, the Buyer shall not be entitled to use, dispose and more generally to take any steps (neither sale, nor processing) which may affect the Products or the performance of the Servicesexplicitly permitted by us in writing. 2.10. Cost of destruction of any Products or unused raw materials are not included in Pennakem's prices. Such costs will therefore be charged by Pennakem to the Buyer in addition to the agreed price. 2.11. Unless otherwise agreed in writing by the Parties, analytical services performed by Pennakem, specific chromatography columns, reagents, or reference standards and all associated costs related to such services are not included in the pricing of Pennakem and will be charged separately by Pennakem to the Buyer 2.12. Pennakem will store the Products to be delivered to Buyer for a period of 14 days following the date of release. Any storage exceeding this period of time will be invoiced separately to the Buyer. Furthermore, any exceeding storage of materials necessary for the production of the Products in relation with a change of initial agreed delivery date of postponement or cancellation of production by the Buyer will be charged by Pennakem to the Buyer. 2.13. The purchase price of raw materials has been designed in relation with the defined specifications, quality standard and origin defined by the Buyer. In the absence of such definition by the Buyer, Pennakem will select raw material suppliers according to their cost of supply and to quality requirements. In the event other standard of quality are required, either by Buyer or by necessary adjustments arising during performance of the Contract, then the prices of Pennakem will be adjusted accordingly in order to take the purchase price of the new raw materials into account.

PRICES; PAYMENT. 2.1. Unless otherwise agreed by the Parties in writing, prices for Products and Services are net cash, and the Buyer shall pay all taxes and charges for transportation, insurance, shipping, custom clearance, storage, handling, demurrage and similar items. Any increase in any such charges that becomes effective after the date of Order Confirmation shall be borne exclusively by the Buyer. 2.2. If Order Confirmation deals with Products, all prices are calculated on the basis of the Products as measured and weighed at the departure point. 2.3. The price includes standard packaging. Any other packing or outer packaging will be subject to additional charges to the Buyer. 2.4. Unless otherwise agreed in writing by the Parties, invoice payments shall be made net cash, without any deductions, within thirty (30) days following the date of the invoice issued by PennakemPressure Chemical. Invoice shall be sent by Pennakem Pressure Chemical on the date of Delivery. 2.5. If the Buyer is subject to bankruptcy or insolvency proceedings, then Pennakem Pressure Chemical shall not be bound by the period of payment stated above and payment shall be made in cash either prior to the dispatch of the Products (or prior to their manufacture at the sole discretion of PennakemPressure Chemical) or the performance of the Services. 2.6. If the Buyer fails to pay on the due date, the Buyer shall be obligated to pay, unless otherwise agreed in writing by the Parties, ipso jure and without prior notification, interest at the rate of US Prime (with a floor of zero) + six (6) % as from the due date of the invoice until complete payment, without prejudice to any other rights of PennakemPressure Chemical. 0.0. Xx the event of payment delay or late performance by Buyer of any of its obligations, Pennakem Pressure Chemical shall have the right to terminate the Contract or to suspend the performance of that portion of the Contract which it has not yet performed without the Buyer's consent; it shall also result in all sums due which are to be paid by the Buyer, even those which have not yet matured, becoming immediately payable without notification on the part of PennakemPressure Chemical. 2.8. Pennakem Pressure Chemical shall have the right to compensate the Buyer's debts and/or to use payments for the settlement of the invoices which have been outstanding longer than thirty (30) days plus any interest on arrears and costs accrued thereon, in the following order: costs, interest, invoiced amounts. 2.9. The Buyer shall not be entitled either to withhold payments or to proceed to any compensation set off even in case of dispute with PennakemPressure Chemical, unless there is a mutually agreed amount that Pennakem Pressure Chemical is accountable for due to reasons covered under the contract. In the event of payment delay, the Buyer shall not be entitled to use, dispose and more generally to take any steps (neither sale, nor processing) which may affect the Products or the performance of the Services. 2.10. Cost of destruction of any Products or unused raw materials are not included in PennakemPressure Chemical's prices. Such costs will therefore be charged by Pennakem Pressure Chemical to the Buyer in addition to the agreed price. 2.11. Unless otherwise agreed in writing by the Parties, analytical services performed by PennakemPressure Chemical, specific chromatography columns, reagents, or reference standards and all associated costs related to such services are not included in the pricing of Pennakem Pressure Chemical and will be charged separately by Pennakem Pressure Chemical to the Buyer 2.12. Pennakem Pressure Chemical will store the Products to be delivered to Buyer for a period of 14 days following the date of release. Any storage exceeding this period of time will be invoiced separately to the Buyer. Furthermore, any exceeding storage of materials necessary for the production of the Products in relation with a change of initial agreed delivery date of postponement or cancellation of production by the Buyer will be charged by Pennakem Pressure Chemical to the Buyer. 2.13. The purchase price of raw materials has been designed in relation with the defined specifications, quality standard and origin defined by the Buyer. In the absence of such definition by the Buyer, Pennakem Pressure Chemical will select raw material suppliers according to their cost of supply and to quality requirements. In the event other standard of quality are required, either by Buyer or by necessary adjustments arising during performance of the Contract, then the prices of Pennakem Pressure Chemical will be adjusted accordingly in order to take the purchase price of the new raw materials into account.

PRICES; PAYMENT. 2.13.1 The agreed prices are fixed prices. Unless otherwise agreed by the Parties in writing, The prices for Products are DDP (INCOTERMS 2010). The prices include packaging and Services are net cash, and the Buyer shall pay all exclude statutory VAT. All other local taxes and charges for transportation, insurance, shipping, custom clearance, storage, handling, demurrage and similar items. Any increase in any such or charges that becomes effective after the date of Order Confirmation shall be borne exclusively by the Buyer. 2.2. If Order Confirmation deals with Products, all prices are calculated imposed on the basis of the Products as measured and weighed at the departure point. 2.3. The price includes standard packaging. Any other packing or outer packaging will be subject charged to additional charges to the Buyer. 2.4. Unless otherwise agreed in writing by the Parties, invoice payments shall be made net cash, without any deductions, within thirty (30) days following the date of the invoice issued by Pennakem. Invoice shall be sent by Pennakem on the date of Delivery. 2.5. If the Buyer is subject to bankruptcy or insolvency proceedings, then Pennakem shall not be bound by the period of payment stated above and payment shall be made in cash either prior to the dispatch of the Products (or prior to their manufacture at the sole discretion of Pennakem) or the performance of the Services. 2.6. If the Buyer fails to pay on the due date, the Buyer shall be obligated borne by the Seller. The Buyer has the right to paydeduct any applicable withholding tax (Quellensteuer) from the purchase price. 3.2 Cost estimates and/or bids are binding and shall not be compensated, unless otherwise agreed in writing and signed by the Partiesparties. If the Seller has undertaken to perform assembly or installation, ipso jure and the Seller shall bear all applicable ancillary costs, unless otherwise agreed. 3.3 Absent any agreement to the contrary, the Buyer shall make payment (“Target Payment Date”) either within 30 (thirty) days without prior notificationdiscount, interest or within 15 (fifteen) days at a 3 % (three per cent) discount as of the rate of US Prime (with a floor of zero) + six (6) % as from the due date receipt of the invoice until complete paymentand the receipt of the Goods or, without prejudice as the case may be, the provision of the Deliverables. Payment shall be subject to any other rights verification of Pennakemthe invoice. 0.0. Xx 3.4 In the event that shipments are accepted earlier than agreed, the Target Payment Date shall be based on the originally agreed delivery date. 3.5 Upon request, the Seller shall provide the calculation documentation for the prices pursuant to paragraph 3.1 for the purpose of payment delay or late performance by examining their reasonableness. Changes in the form of price reductions at the Seller’s procurement market shall be passed on to the Buyer in full. The Seller shall promptly inform the Buyer of such changes. 3.6 Invoices that do not conform to these conditions and/or statutory accounting regulations will entitle the Buyer to withhold payments until any discrepancies are eliminated. 3.7 On explicit request of its obligationsthe Buyer, Pennakem the Seller, within 10 (ten) business days after this agreement becomes effective, shall have furnish a performance bond in the right amount of 10 % (ten percent) of the gross contract price from a bank with a rating as set forth in paragraph 10.2. Such performance bond shall meet the requirements set by the Buyer. 3.8 After completion of the functioning assembly section or system and acceptance pursuant to terminate paragraph 8.3, on explicit request of the Contract or to suspend Buyer the Seller shall deliver a warranty bond in the amount of 10 % (ten percent) of the delivered gross price for the benefit of the Buyer as security for the performance of that portion of the Contract which it has not yet performed without Seller’s warranty obligations. Such warranty bond shall meet the Buyer's consent; it shall also result in all sums due which are to be paid requirements set by the Buyer. If the Seller expressly requests, even those which have not yet matured, becoming immediately payable without notification on the part parties can also agree to the Buyer’s retention of Pennakem10 % (ten percent) of the delivered gross price in lieu of the Seller furnishing a warranty bond. 2.8. Pennakem 3.9 The validity of the bond shall expire only after performance has been completed and accepted by the Buyer and all contractually owed obligations set forth above, including warranties, have been performed by the right to compensate Seller, and the Buyer's debts and/or to use Buyer has expressly confirmed this in writing and signed by the parties. 3.10 All costs and expenditures in connection with the creation of the above-referenced bonds or any other security shall be borne by the Seller, unless expressly provided otherwise in this agreement. 3.11 Unless otherwise agreed, 10 % (ten percent) of invoiced progress payments shall be retained by the Buyer until defect-free acceptance. 3.12 No later than 30 (thirty) days after acceptance, the Seller shall issue a final invoice for the settlement entirety of the invoices which have been outstanding longer than thirty (30) days plus any interest on arrears and costs accrued thereon, in the following order: costs, interest, invoiced amounts. 2.9Deliverables. The Buyer shall not be entitled either to withhold payments or to proceed to rely on the comprehensiveness of such final invoice. Accordingly, the Seller, by delivering its final invoice, already waives in advance any compensation other claims, regardless of the legal basis thereof, if such claims are not set off even forth in case of dispute with Pennakem, unless there is a mutually agreed amount that Pennakem is accountable for due to reasons covered under the contractfinal invoice. In the event that the Seller fails to comply with the 30-days (thirty days) deadline of payment delayparagraph 3.12 sentence 1, the Buyer can prepare such final invoice and deliver it to the Seller. If the Seller fails to object to such final invoice within 10 (ten) days of receipt, the invoice shall not be entitled to use, dispose and more generally to take any steps (neither sale, nor processing) which may affect deemed approved by the Products or the performance Seller. Prior beginning of the Services. 2.10. Cost of destruction of any Products or unused raw materials are not included in Pennakem's prices. Such costs will therefore be charged by Pennakem to the Buyer in addition to the agreed price. 2.11. Unless otherwise agreed in writing by the Parties, analytical services performed by Pennakem, specific chromatography columns, reagents, or reference standards and all associated costs related to such services are not included in the pricing of Pennakem and will be charged separately by Pennakem to the Buyer 2.12. Pennakem will store the Products to be delivered to Buyer for a aforementioned 10-days-period of 14 days following the date of release. Any storage exceeding this period of time will be invoiced separately to the Buyer. Furthermore, any exceeding storage of materials necessary for the production of the Products in relation with a change of initial agreed delivery date of postponement or cancellation of production by the Buyer will be charged by Pennakem to advise the Buyer. 2.13. The purchase price of raw materials has been designed in relation with the defined specifications, quality standard and origin defined by the Buyer. In the absence of such definition by the Buyer, Pennakem will select raw material suppliers according to their cost of supply and to quality requirements. In the event other standard of quality are required, either by Buyer or by necessary adjustments arising during performance Seller of the Contract, then the prices legal effect of Pennakem will be adjusted accordingly in order Seller’s failure to take the purchase price object. A fax transmittal confirmation shall constitute sufficient evidence of the new raw materials into accountreceipt.