Prices, Terms of Payment a) The price stated in the issued order is binding and encompasses, unless explicitly excludes, the VAT, all services and additional services of the Contractor and incidental expenses (e.g. for packaging and transport). Down payments and installment payments are made only if specifically agreed to in writing.
b) Invoices shall be sent to the Finance department of the Buyer and shall include the order number of the Buyer and that of the Supplier.
c) Buyer shall make payment for invoices received pursuant hereto (or the undisputed portions of such invoices) within ninety (90) calendar days from receipt of a properly prepared invoice. Where, however, other payment terms appear on the front of any PURCHASE ORDER, or in the agreement signed with the Supplier, payment shall be made in accordance with those terms and conditions.
d) The payment shall be made by bank transfer.
e) Buyer is entitled to offset and retention within the statutory scope. In the event of poor performance, Xxxxx is especially entitled to withhold payment in accordance with the proportional value until proper fulfillment. Set-offs or the exercise of a right of retention by the Supplier due to counterclaims that are disputed or have not been legally established is excluded. The exercise of a right of retention by the Supplier is also excluded to the extent that the counterclaims do not rest upon the same contractual relationship.
f) The Supplier is only authorized to transfer its claims from orders of the Buyer in whole or in part to third parties upon prior written consent of the Buyer. In connection with services, Buyer is entitled to transfer the rights and obligations, in particular to affiliated companies.
Prices, Terms of Payment. 3.1 The agreed prices are binding and are to be under- stood as DDP, excluding the value added tax applica- ble at the time of invoicing, and including any and all ancillary costs, such as packaging, transport, release, unloading, and insurance. If the parties have excep- tionally agreed to a delivery on the basis of EXW or FCA, the Supplier shall, at the request of the Pur- chaser, offer the transport of the Deliveries on the basis of the previous cost calculation, but at least on normal market conditions.
3.2 Without waiving any further legal requirements, the Supplier's claim for payment shall only become due for payment within 30 days after complete receipt of the Deliveries by the Purchaser and after receipt of a proper and verifiable invoice. If payment is made within 14 days, the Purchaser is entitled to a 3% discount. The receipt of a transfer order by the Purchaser's bank is sufficient for the timeliness of the transfer. The Sup- plier shall bear the bank charges and expenses.
3.3 All invoices must contain the following information in addition to the legal requirements: Order reference, or- der and material number, documents concerning the performance of services (handover certificate, delivery note, etc.), statement of statutory charges such as taxes, fees, customs duties, etc., indication of whether it concerns partial, sample, or remaining Deliveries, and the country of origin of each item of goods.
3.4 Payments made by the Purchaser shall not constitute acceptance of the Deliveries as being in accordance with the contract.
3.5 Without prejudice to the other legal requirements, the occurrence of the Purchaser's default in payment shall require a reminder from the Supplier, which shall be is- sued after the due date.
3.6 The assignment of any claims of the Supplier against the Purchaser arising from or in connection with the contractual relationship shall be excluded.
3.7 The Supplier shall only be entitled to rights of set-off and retention against claims of the Purchaser to the ex- tent that counterclaims against the Purchaser estab- lished with legally binding effect or undisputed, or in case the Supplier's claim which the Supplier intends to set-off is in a reciprocal relationship with the Purchas- er's claim against which the claim is to be set-off.
Prices, Terms of Payment. 4.1 The price indicated in the order shall be a fixed price. The price shall be to FCA INCOTERMS 2020 in EURO excluding taxes.
4.2 Unless agreed otherwise in writing, payment shall be effected within 30 days, calculated from the time of delivery/performance and receipt of an auditable invoice, with 3% discount for prompt payment or within 60 days net.
4.3 Each order with its own number shall be invoiced separately.
4.4 We shall be entitled to rights of set-off and retention within the scope provided by law.
4.5 We shall be entitled to cancel the contract without notice if an application has been made to open insolvency proceedings on the assets of the supplier.
Prices, Terms of Payment. Prices for Goods are subject to adjustment to reflect (i) any increase in import duty, import surcharge or other government charge, insurance or freight which becomes effective after the date of the Purchase Order and is payable by Vendor, and (ii) any increase in the cost of manufacture of the Goods caused by an extraordinary increase in price of raw materials which could not have been foreseen on the date of the Purchase Order. Purchaser further acknowledges that price-volatile Goods may lead to short notice price increases on the part of Vendor’s suppliers and Vendor reserves the right to charge these subsequent price adjustments to Purchaser on the date of the invoice. Unless otherwise specified, prices are quoted in Canadian dollars for Goods being sold from inventory. Payment terms are net thirty (30) days for payment without discount. Payments made using cash, cheques, Electronic Funds Transfer (EFT), debit cards, online banking and Interac transfer will be applied to the Purchaser’s account at full value. Vendor will accept payments made by credit card at the time of purchase and apply it to the Purchaser’s account at full value. Where credit card payments are made non concurrent with the purchase, the Vendor in its discretion may apply a service fee to the Purchaser’s account. Where credit card payments are accepted outside a self-service portal and Vendor provides a service in processing the credit card, the Vendor in its discretion may apply a service fee to the Purchaser’s account. Interest at the rate of 2% per month will be charged on past due accounts (26.8% per annum If Purchaser’s account is past due, in addition to other rights and remedies, Vendor may suspend shipments, deliveries or performance hereunder or under any other contract with Purchaser until Purchaser’s account becomes current or until Vendor receives satisfactory security or cash prior to shipment. Vendor may at all times set off any amount that Purchaser, or any affiliate of Purchaser, owes to Vendor against any amount that Vendor, or any Vendor affiliate, owes to Purchaser.
Prices, Terms of Payment. 1. Unless otherwise stipulated in the order confirmation our prices shall be effective “ex works” („EXW” Ex Works Incoterms 2010), excluding costs for packaging, which will be invoiced separately.
2. The statutory sales tax is not included in our prices, its statutory amount shall be shown separately in the invoice prevailing on the day of invoice issue.
3. Deduction of cash discounts requires a special written agreement.
4. In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
5. Unless otherwise stipulated in the order confirmation, the purchase price is due for payment net (without deductions) within
6. The customer is only entitled to set off cross claims that are legally ascertained, undisputed or acknowledged by us. Moreover, the customer shall only be entitled to exercise a right of retention inasmuch as his cross claim is based on the same contractual relationship.
7. Decisive for the date of payment shall be the crediting to the account mentioned on the invoice.
8. If the customer defaults fully or partly on payment of an outstanding account, all claims still outstanding on that date shall become due for payment immediately.
Prices, Terms of Payment. (1) We shall pay the purchase price after delivery and receipt of a correctly issued invoice within 21 days with a 3% discount over the gross purchase price or within 60 days without deduction.
(2) The prices shall include all goods and/or services provided by the Supplier as well as all incidental expenses (e.g. appropriate packing, customs duties, import charges, transport costs including any transport and liability insurances, recovery of re-usable packaging by Supplier).
(3) Any price changes must be agreed in writing with the COMPANY.
(4) In the case of defective delivery we are entitled to withhold payment until goods and/or services have been correctly delivered, without comments received.
(5) The invoice issued by the Supplier shall comply with all the specifications required by all applicable legislation. In particular, without limitation, it shall always include the invoice number, order number and date, VAT identification number for cross- border deliveries within the EU, place of unloading, number and date of the delivery note and quantity of invoiced goods. Any deliveries from territories outside the EU’s customs area must include a copy of the invoice or a pro forma invoice.
(6) In connection with the relevant regulations of the Corporate Income Tax Act, the Supplier undertakes to remain registered for the purposes of the goods and services tax as an active VAT taxpayer and shall make due efforts for its account to be included in the list of entities referred to in Article 96b of the Goods and Services Tax Act (i.e. the electronic list of entities registered as VAT taxpayers), maintained by the Head of the National Fiscal Administration (hereinafter the “List”).
(7) In connection with the provisions indicated in point. 6, the price shall be paid exclusively to the settlement account referred to in article 49.1.1 of the Law of August 29, 1997 – Banking Law, which account is opened in connection with the Supplier’s business activity and is included in the List. The payment of price shall be made if the Supplier’s status in the List (valid as of the payment date) determines that the Supplier is registered as an active VAT taxpayer.
(8) Notwithstanding the COMPANY’s rights under the Civil Code, we are entitled to offset Supplier’s claims with amounts due to Us or Our affiliates (contractual deduction). The Company may set off non-uniform, undue, future and time-barred claims. COMPANY reserves the right to make deductions or withhold payments for ...
Prices, Terms of Payment. 1. The agreed prices are firm prices, unless invoicing on the basis of negotiated hourly rates is agreed upon. Unless otherwise agreed, the payment shall be made within 30 days with a 3% cash discount, within 60 days with a 2% cash discount, or within 90 days net. These periods are computed from the time of receipt or acceptance of the service in compliance with the contract and receipt of a proper and verifiable invoice in accordance with the laws of Vietnam. If we receive and accept services at an earlier date than the date agreed upon, the payment period begins, however, with the agreed performance date at the earliest. The payment shall be made in the currency allowed by the laws of Vietnam. We are entitled to choose the means of payment in our discretion (e.g. in cash, bank transfer, check or bill of exchange), invoices are to be submitted in original and in form which is in accordance with the prevailing applicable regulations and shall include the basic information such as our company name, registered tax code, registered address; supplier’s company name, registered tax code, registered address; the purchase order number, purchase order line, administration notes, material lists, our account, place of performing services, supplier number, name of delivered services, price of services, the total amount (including or excluding taxes).
2. Any additional service shall be deemed discharged with the contractually agreed payment.
3. The supplier is not entitled to assign a claim against us to a third party or to have such claim collected by a third party.
4. The supplier shall have the right to set-off against any of our claims or the right of retention, if and to the extent its claims are undisputed or its counterclaims are final and non-appealable. We shall have the right to set-off against claims of the supplier also any claims of an affiliate of us within the extent of laws of Vietnam. We shall also have the right to set-off our claims against any claim of the supplier against any affiliate of us within the extent of laws of Vietnam.
Prices, Terms of Payment. The purchase price of the Services is set forth on the face of the Purchase Order. Unless otherwise stated in the Purchase Order, the purchase price: (a) is a firm fixed price for the duration of the Purchase Order and not subject to increase for any reason, including, without limitation, increased raw material costs, increased labor or other manufacturing costs, increased development costs, or any other changes, developments, or conditions; (b) is inclusive of all federal, state, provincial, and local taxes, and any tariffs or customs duties, applicable to provision of the Services, all of which taxes, tariffs, and duties shall be Seller’s sole responsibility; (c) is inclusive of all storage, handling, shipment, packaging, and all other expenses and costs incurred by Seller, all of which costs and expenses shall be Seller’s sole responsibility. Unless otherwise stated in the Purchase Order, invoices shall be issued upon Seller’s complete performance of the Services in accordance with the Agreement. In no event shall Seller’s invoice be enclosed with any shipments. Provided that the Buyer accepts the Services being invoiced, and unless otherwise stated in the Purchase Order, Buyer shall pay invoices which are properly presented and not subject to dispute on an MNS2 schedule (2nd Day of the 2nd Month after Xxxxx’s receipt of the invoice). All payments require proper invoice in advance. All payment shall be made in U.S. Dollars unless otherwise agreed in a writing signed by Xxxxx’s authorized Purchasing Department representative. Seller shall, at its expense, comply with Xxxxx’s instructions and policies with respect to the form, content and method for submission of invoices. Invoices for charges other than or in excess of the amount shown on the Purchase Order will not be honored without a written acceptance signed by Xxxxx’s authorized Purchasing Department representative. In addition to any right of setoff or recoupment provided by law, Buyer or Buyer’s affiliated companies shall be entitled at any time to set off or recoup against sums payable by Buyer (or its affiliates) to Seller (or its affiliates) any amounts for which the Buyer (or its affiliates) determines in good faith the Seller (or its affiliates) is liable to Buyer (or its affiliates) under any purchase order or other agreements between the Buyer (or its affiliates) and the Seller (or its affiliates). The Buyer (or its affiliates) may do so without notice to the Seller (or its affiliates). Und...
Prices, Terms of Payment. (1) The price shown in the order is binding. Unless otherwise agreed in writing, the price includes delivery "free domicile" including packaging. The return of the packaging, euro-pallets, boxes requires a special agreement.
(2) All prices include the statutory sales tax, if this is not shown separately. The legal value added tax is not included in the price. Unless otherwise agreed in individual cases, the price includes all services and ancillary services of the supplier (e.g. assembly, installation) as well as all ancillary costs (e.g. proper packaging, transport costs including any transport and liability insurance).
(3) We can only process invoices if they - in accordance with the specifications in our order - state the order number shown there; The supplier is responsible for all consequences resulting from non-compliance with this obligation, unless he can prove that he is not responsible for them.
(4) Unless otherwise agreed in writing, we shall pay the purchase price within 14 days of complete delivery and service (including any agreed acceptance) and receipt of a proper invoice, with a 3% discount or within 60 days of receipt of the invoice net. In the case of bank transfers, the payment is made on time if our transfer order is received by our bank before the payment deadline has expired; We are not responsible for delays caused by the banks involved in the payment process.
(5) We do not owe any maturity interest. In the event of default in payment, we owe default interest in the amount of five percentage points above the base rate in accordance with Section 247 of the German Civil Code.
(6) We are entitled to rights of set-off and retention as well as the objection of a non-fulfilled contract to the extent permitted by law. In particular, we are entitled to withhold payments due as long as we are still entitled to claims against the supplier from incomplete or defective services.
(7) The supplier has a right of set-off or retention only for counterclaims that have been legally established or are undisputed.
Prices, Terms of Payment. 1. The price stated in the order is binding.
2. Invoices shall be sent to us separately from the goods, and preferably in digital form. Any additional services and deliveries shall be listed separately in the invoice with reference to the previous written agreements.
3. The payment terms shall commence at the earliest from the date of receipt of a proper invoice and fully performed delivery or service. Unless otherwise agreed, payment shall be made by us after receipt of the invoice and delivery within 14 days with a deduction of 3% discount or within 30 days without deduction.
4. The assignment of the payment claim to third parties requires our prior written consent.
5. In the event of a defect covered by warranty that is not merely insignificant, we shall be entitled to refuse payment until the defect has been duly remedied to a reasonable extent.
6. We shall be entitled to rights of set-off and retention to the extent provided by law.
7. As security for a down payment / advance payment, the supplier shall provide us with a directly-enforceable limited guarantee (valid for at least 6 months) at the first request of a major European bank if the sum agreed in the purchase contract or contract for work and services exceeds EUR 25,000. Alternatively, it is at our discretion to accept a guarantee declaration from an affiliated company. The claims arising from the guarantee may not become time-barred prior to the respective secured claim against the contractual partner.
