Common use of Right to withhold payment of disputed amount Clause in Contracts

Right to withhold payment of disputed amount. If: (a) any amount which is payable under any provision of this contract other than Schedule 7 is in dispute under Clause 16.2.1; or (b) an invoice or statement of amounts payable under any provision of this contract contains an error and the recipient of such invoice or statement has notified the issuer of any aspects of the invoice or statement which contain an error and which it disputes under Clause 16.2.1, then: (i) the undisputed amount shall be paid in accordance with Clause 16.1.3, or as otherwise provided for in this contract; (ii) the disputed balance, or such part of it as has been agreed or determined to be payable, shall be paid or set off, as the case may be, within 35 days after the end of the Charging Period in which the dispute is resolved or determined; and (iii) Clause 16.3.1 shall apply also in respect of the disputed balance, or such part of it as has been agreed or determined to be payable.

Appears in 55 contracts

Samples: Track Access Contract (Freight Services), Track Access Contract, Track Access Contract

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Right to withhold payment of disputed amount. If: (a) any amount which is payable under any provision of this contract other than Schedule 7 is in dispute under Clause 16.2.1; or (b) an invoice or statement of amounts payable under any provision of this contract contains an error and the recipient of such invoice or statement has notified the issuer of any aspects of the invoice or statement which contain an error and which it disputes under Clause 16.2.1, then: (i) the undisputed amount shall be paid in accordance with Clause 16.1.3, or as otherwise provided for in this contract; (ii) the disputed balance, or such part of it as has been agreed or determined to be payable, shall be paid or set off, as the case may be, within 35 days after the end of the Charging Period in which the dispute is resolved or determined; and (iii) Clause 16.3.1 shall apply also in respect of the disputed balance, or such part of it as has been agreed or determined to be payable.

Appears in 2 contracts

Samples: Freight Customer Track Access Contract, Freight Customer Track Access Contract

Right to withhold payment of disputed amount. If: (a) any amount which is payable under any provision of this contract other than Schedule 7 is in dispute under Clause 16.2.113.2.1; or (b) an invoice or statement of amounts payable under any provision of this contract contains an error and the recipient of such invoice or statement has notified the issuer of any aspects of the invoice or statement which contain an error and which it disputes under Clause 16.2.113.2.1, then: (i) the undisputed amount shall be paid in accordance with Clause 16.1.313.1.3, or as otherwise provided for in this contract; (ii) the disputed balance, or such part of it as has been agreed or determined to be payable, shall be paid or set off, as the case may be, within 35 days after the end of the Charging Period in which the dispute is resolved or determined; and (iii) Clause 16.3.1 13.3.1 shall apply also in respect of the disputed balance, or such part of it as has been agreed or determined to be payable.

Appears in 1 contract

Samples: Track Access Contract

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Right to withhold payment of disputed amount. If: (a) any amount which is payable under any provision of this contract other than Schedule 7 is in dispute under Clause 16.2.1; oror‌ (b) an invoice or statement of amounts payable under any provision of this contract contains an error and the recipient of such invoice or statement has notified the issuer of any aspects of the invoice or statement which contain an error and which it disputes under Clause 16.2.1, 16.2.1,‌ then: (i) the undisputed amount shall be paid in accordance with Clause 16.1.3, or as otherwise provided for in this contract;contract;‌ (ii) the disputed balance, or such part of it as has been agreed or determined to be payable, shall be paid or set off, as the case may be, within 35 days after the end of the Charging Period in which the dispute is resolved or determined; andand‌ (iii) Clause 16.3.1 shall apply also in respect of the disputed balance, or such part of it as has been agreed or determined to be payable.

Appears in 1 contract

Samples: Track Access Contract

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