Common use of Pricing and Payment Terms Clause in Contracts

Pricing and Payment Terms. (a) Subject to the terms and provisions contained herein, CLIENT agrees to pay SOFTSERVE at the rate determined for each Scope of Work, as contained in the applicable Scope of Work. (b) The rate described in the immediately preceding paragraph does not include any expenses for development tools exceeding US$500 per developer or other software required by projects described in the Scope of Work. It is anticipated that there will be an extra charge for special hardware needed for a project, and any such additional costs will be discussed and negotiated in advance for every specific case and will not be owed by CLIENT unless approved in writing by CLIENT prior to the expenditure being incurred. (c) As activities under the Scope of Work are completed, SOFTSERVE shall xxxx CLIENT on the first of each month. Payment for all such non-disputed xxxxxxxx shall be due and payable within thirty (30) days after the invoice is received. All payments not made when due (taking into account the 15 day grace period) will incur an interest charge of 1% (12% annual). If all or any part of an undisputed billing is not paid within thirty (30) days after the invoice is received, SOFTSERVE will provide CLIENT with written notice of such failure; then if the undisputed billing is not paid within fifteen (15) days of receipt of such notice the Agreement shall be deemed to be in default, and SOFTSERVE shall have the right to cease all services hereunder including all work and delivery of finished work until such time as all outstanding xxxxxxxx and related surcharges are paid in full. Notwithstanding the foregoing, SOFTSERVE will deliver to CLIENT all work, including all Deliverables and all works-in-progress of any of the foregoing, for which CLIENT has paid SOFTSERVE. (d) Whenever Client disputes an invoice, Client shall deliver notice to SOFTSERVE within ten (10) business days after receipt of an invoice of the reason(s) why payment of said invoice is in dispute. Said notice shall include sufficient detail as to provide SOFTSERVE with all information required to mitigate against any loss that may result to CLIENT or SOFTSERVE. In the event only part of an invoice is in dispute, CLIENT shall pay the remainder of the undisputed or contested invoice in accordance with the payment terms described hereinabove. Upon resolution of any disputed invoice, CLIENT shall pay the amount agreed to by the parties within ten (10) business days after resolution of the disputed or contested invoice (but in no event is such payment due earlier than as otherwise required hereunder for any invoiced amount). (e) All fees are exclusive of all state and local sales or equivalent taxes now in force or enacted in the future. CLIENT agrees to pay or reimburse SOFTSERVE for all federal, state, dominion, provincial or local sales and value added taxes arising out of this Agreement or the transaction contemplated by this Agreement in any jurisdiction. If such taxes are applicable, and if paid by SOFTSERVE, CLIENT will be invoiced as a separate line item on the invoice for those amount(s) that SOFTSERVE may be required to pay. If a certificate of exemption or similar document is to be provided by CLIENT in order to exempt the sale from tax liability, CLIENT will obtain and provide an acceptable certificate to SOFTSERVE and the taxing authority. Each party shall be responsible for payment of all income or equivalent taxes based upon that party’s net income.

Pricing and Payment Terms. (a) Subject to 4.1 In consideration for the terms and provisions contained hereinprovision of Services, CLIENT Client agrees to pay SOFTSERVE at the rate determined Manufacturer the price mutually agreed between the Parties and is set out in the quotation by the Manufacturer to the Client. Each product will have its own quotation. Each such quotation will form the Agreement for payment of Services for the particular product. 4.2 In the event there is a request for Revision in product pricing, a new quotation mutually agreed between both parties shall be furnished to the Client, who shall provide written acceptance to such revised pricing including retrospective effects of these revised prices as applicable. 4.3 All Non-Recurrence Expenses Cost ("NRE") will be borne by the Client. Items include (but are not limited to): Assembly Equipment Unique Jigs and Fixtures Major Maintenance Cost on Consigned Equipment 4.4 Manufacturer will detail the required NRE to buyer for each Scope Product prior to commencement of Workthe Services related to the product. Manufacturer shall only execute NREs upon receiving explicit written approval from Client. 4.5 In the event that production tooling is ordered by Manufacturer pursuant to a purchase order from Client, 100% of the agreed price for such production tooling as contained set forth in Client's purchase order shall be invoiced and payable upon receipt of Client's order. 4.6 In the event that test equipment is ordered pursuant to a purchase order from Client, 100% of the agreed price for such production tooling or test equipment as set forth in Client's purchase shall be invoiced upon receipt of Client's order, with 50% of the amount payable immediately and the balance 50% payable upon the commission of the test equipment. 4.7 Product payment terms shall be upfront payment before commencement of production to reduce Manufacturer's cash outflow for Material purchases in the applicable Scope initial term of Work.trading between the Parties, (b) The rate described in the immediately preceding paragraph does not include any expenses for development tools exceeding US$500 per developer or other software required by projects described in the Scope of Work. It is anticipated that there 4.8 Payment will be an extra charge for special hardware needed for a project, and any such additional costs will be discussed and negotiated in advance for every specific case and will not be owed made by CLIENT unless approved wire transfer or cheque to the account designated in writing by CLIENT prior the Manufacturer. Exceptions to the expenditure being incurred. (c) As activities under the Scope of Work are completedthis will be reviewed and agreed upon in writing by both parties. Manufacturer's invoices may be dispatched by postal mail, SOFTSERVE shall xxxx CLIENT on the first of each month. Payment for all such non-disputed xxxxxxxx shall be due and payable within thirty (30) days after the invoice is received. All payments not made when due (taking into account the 15 day grace period) will incur an interest charge of 1% (12% annual). If all fax or any part of an undisputed billing is not paid within thirty (30) days after the invoice is receivedelectronic means, SOFTSERVE will provide CLIENT with written notice of such failure; then if the undisputed billing is not paid within fifteen (15) days of receipt of such notice the Agreement shall be deemed to be in default, and SOFTSERVE shall have the right to cease all services hereunder including all work and delivery of finished work until such time as all outstanding xxxxxxxx and related surcharges are paid in full. Notwithstanding the foregoing, SOFTSERVE will deliver to CLIENT all work, including all Deliverables and all works-in-progress of any of the foregoing, for which CLIENT has paid SOFTSERVE. (d) Whenever Client disputes an invoice, Client shall deliver notice to SOFTSERVE within ten (10) business days after receipt of an invoice of the reason(s) why payment of said invoice is in dispute. Said notice shall include sufficient detail as to provide SOFTSERVE with all information required to mitigate against any loss that may result to CLIENT or SOFTSERVE. In the event only part of an invoice is in dispute, CLIENT shall pay the remainder of the undisputed or contested invoice in accordance with Client's instructions. 4.9 To purchase any Product hereunder, Client will issue purchase orders ("Purchase Orders") specifying the payment quantity of the Product ordered, the per-unit price of the Product, the place of delivery and the delivery date. Manufacturer will accept all Purchase Orders that are consistent with the pricing, delivery lead time and minimum order quantity terms described hereinabove. Upon resolution of any disputed invoice, CLIENT shall pay the amount agreed to by the parties Parties. Manufacturer will use commercially reasonable efforts to accept such Purchase Order and will confirm in writing its acceptance or rejection of such Purchase Order within ten two (102) business days after resolution of working days. Only written or electronically-dispatched Purchase Orders issued by Client shall be valid. Verbal or telephone orders, as well as additions or changes to the disputed or contested invoice (but prevailing conditions, shall only be legally binding between the Parties if they have been confirmed in no event is such payment due earlier than as otherwise required hereunder for any invoiced amount)writing by Client and accepted by Manufacturer in writing. (e) 4.10 All fees are exclusive Purchase Orders issued by Client will be considered firm, binding and irrevocable. Any request by Client to reschedule Purchase Orders will be at the sole discretion of all state and local sales or equivalent taxes now in force or enacted in the future. CLIENT agrees to pay or reimburse SOFTSERVE for all federal, state, dominion, provincial or local sales and value added taxes arising out of this Agreement or the transaction contemplated by this Agreement in any jurisdiction. If such taxes are applicableManufacturer, and if paid on case by SOFTSERVE, CLIENT will be invoiced as a separate line item on the invoice for those amount(s) that SOFTSERVE may be required to pay. If a certificate of exemption or similar document is to be provided by CLIENT in order to exempt the sale from tax liability, CLIENT will obtain and provide an acceptable certificate to SOFTSERVE and the taxing authority. Each party shall be responsible for payment of all income or equivalent taxes based upon that party’s net incomecase basis.

Pricing and Payment Terms. (a) Subject to the terms and provisions contained herein, CLIENT agrees to pay SOFTSERVE at the rate determined for each Scope of Work, as contained in the applicable Scope of WorkAppendix. (b) The rate described in the immediately preceding paragraph does not include any expenses for development tools exceeding US$500 [*****] per developer or other software required by projects described in the Scope of Work. It is anticipated that there will be an extra charge for special hardware needed for a project, and any such additional costs will be discussed and negotiated in advance for every specific case and will not be owed by CLIENT unless approved in writing by CLIENT prior to the expenditure being incurred. (c) As activities under the Scope of Work are completed, SOFTSERVE shall xxxx CLIENT on the first of each month. Payment for all such non-disputed xxxxxxxx shall be due and payable within thirty (30) days after the invoice is received. All payments not made when due (taking into account the 15 day grace period) will incur an interest charge of 1% (12% annual). If all or any part of an undisputed billing is not paid within thirty (30) days after the invoice is received, SOFTSERVE will provide CLIENT with written notice of such failure; then if the undisputed billing is not paid within fifteen (15) days of receipt of such notice the Agreement shall be deemed to be in defaultnotice, and SOFTSERVE Softserve shall have the right to cease all services hereunder including all work and delivery of finished work until such time as all outstanding xxxxxxxx and related surcharges are paid in fullterminate the Agreement. Notwithstanding the foregoing, SOFTSERVE will deliver to CLIENT all work, including all Deliverables and all works-in-progress of any of the foregoing, work for which CLIENT has paid SOFTSERVE. . (d) Whenever Client disputes an invoice, Client shall deliver notice to SOFTSERVE within ten thirty (1030) business days after receipt of an invoice of the reason(s) why payment of said invoice is in dispute. Said notice shall include sufficient detail as to provide SOFTSERVE with all information required to mitigate against any loss that may result to CLIENT or SOFTSERVE. In the event only part of an invoice is in dispute, CLIENT shall pay the remainder of the undisputed or contested invoice in accordance with the payment terms described hereinabove. Upon resolution of any disputed invoice, CLIENT shall pay the amount agreed to by the parties within ten five (105) business days after resolution of the disputed or contested invoice (but in no event is such payment due earlier than as otherwise required hereunder for any invoiced amount). (e) All fees are exclusive of all state and local sales or equivalent taxes now in force or enacted in the future. CLIENT agrees to pay or reimburse SOFTSERVE for all federal, state, dominion, provincial or local sales and value added taxes arising out of this Agreement or the transaction contemplated by this Agreement in any jurisdiction. If such taxes are applicable, and if paid by SOFTSERVE, CLIENT will be invoiced as a separate line item on the invoice for those amount(s) that SOFTSERVE may be required to pay. If a certificate of exemption or similar document is to be provided by CLIENT in order to exempt the sale from tax liability, CLIENT will obtain and provide an acceptable certificate to SOFTSERVE and the taxing authority. Each party shall be responsible for payment of all income or equivalent taxes based upon that party’s net income.

Pricing and Payment Terms. (a) Subject to the terms and provisions contained herein, CLIENT Client agrees to pay SOFTSERVE at SoftServe under the rate determined for each Scope terms of Work, as contained in the applicable Scope of Workspecific SOWs. (b) The rate terms described in the immediately preceding paragraph does not include any expenses for development tools exceeding US$500 per developer or other software required by projects described in the Scope of Workspecial hardware and/or software. It is anticipated that there will be an extra charge for special hardware and/or software needed for a project, and any such additional costs will be discussed and negotiated in advance for every specific case and will not be owed by CLIENT unless approved in writing by CLIENT prior to the expenditure being incurred.and (c) As activities under Unless different payment terms are set forth in the Scope of Work are completedapplicable SOW, SOFTSERVE SoftServe shall xxxx CLIENT on bill Client at the first beginning of each month. Payment for all such non-disputed xxxxxxxx shall be due and payable within thirty (30) days after the invoice is received. The remittance advices to be sent to the email address xxxxxxx@xxxxxxxxxxxx.xxx at the same time as payments are processed. All payments not made when due (taking into account the 15 day grace period) will incur an interest charge a late fee of 1% (12% annual)monthly. If all or any part of an undisputed billing is not paid within thirty (30) days after the invoice is received, SOFTSERVE SoftServe will provide CLIENT Client with written notice of such failure; then if the undisputed billing is not paid within fifteen (15) days of receipt of such notice the Agreement shall be deemed to be in default, and SOFTSERVE shall have the right to cease all services hereunder including all work and delivery of finished work until such time as all outstanding xxxxxxxx and related surcharges are paid in full. Notwithstanding the foregoing, SOFTSERVE will deliver to CLIENT all work, including all Deliverables and all works-in-progress of any of the foregoing, for which CLIENT has paid SOFTSERVE. (d) Whenever Client disputes an invoice, Client shall will deliver notice a Dispute Notice pursuant to SOFTSERVE within ten section 18 (10a) business days after receipt of an invoice of the reason(s) why payment of said invoice is in disputethis Agreement. Said notice shall include sufficient detail as to provide SOFTSERVE with all information required to mitigate against any loss that may result to CLIENT or SOFTSERVE. In the event If only part of an invoice is in dispute, CLIENT shall Client will pay the remainder undisputed amount of the undisputed or contested invoice in accordance with the payment terms described hereinabove. Upon resolution of any disputed invoice, CLIENT shall pay the amount agreed to by the parties within ten (10) business days after resolution of the disputed or contested invoice (but in no event is such payment due earlier than as otherwise required hereunder for any invoiced amount)without delay. (e) All Unless otherwise explicitly stated, all fees are exclusive of all state and local sales or equivalent taxes now in force or enacted in the future. CLIENT agrees to pay or reimburse SOFTSERVE for all federal, state, dominion, provincial or local sales and value added tax (VAT) which shall be charged as applicable and shown separately on the invoices. Client shall pay all value added and other indirect taxes arising out on performance of this Agreement Agreement, excluding any taxes based on SoftServe’s income, property, personnel, or the transaction contemplated by this Agreement in any jurisdictionprocurement of goods or services. If such taxes are applicableClient asserts a tax exemption, and if paid by SOFTSERVE, CLIENT Client will be invoiced as a separate line item on the invoice for those amount(s) that SOFTSERVE may be required provide sufficient supporting documentation to pay. If a certificate of exemption or similar document is to be provided by CLIENT in order to exempt the sale from tax liability, CLIENT will obtain and provide an acceptable certificate to SOFTSERVE and the taxing authority. Each party shall be responsible for payment of all income or equivalent taxes based upon that party’s net incomeSoftServe.