Suspension of Services. 26.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015, the Customer hereby expressly acknowledges that: (a) Pronto Hire has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer, and: (i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 and/or any subsequent amendments or new legislation and no payment schedule has been given by the Customer; or (ii) a scheduled amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or (iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to Pronto Hire by a particular date; and (iv) Pronto Hire has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction Contract. (b) if Pronto Hire suspends work, it: (i) is not in breach of Contract; and (ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; and (iii) is entitled to an extension of time to complete the Contract; and (iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with. (c) if Pronto Hire exercises the right to suspend work, the exercise of that right does not: (i) affect any rights that would otherwise have been available to Pronto Hire under the Contract and Commercial Law Act 2017; or (ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of Pronto Hire suspending work under this provision; (d) due to any act or omission by the Customer, the Customer effectively precludes Pronto Hire from continuing the Services or performing or complying with Pronto Hire’s obligations under this Contract, then without prejudice to Pronto Hire’s other rights and remedies, Pronto Hire may suspend the Services immediately after serving on the Customer a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire as a result of such suspension and recommencement shall be payable under this, or any other hire Contract;
Appears in 1 contract
Samples: Contract
Suspension of Services. 26.1 20.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire RKJ has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 6.4 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire RKJ by a particular date; and
(iv) Pronto Hire RKJ has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire RKJ suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire RKJ exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire RKJ under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire RKJ suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire RKJ from continuing the Services or performing or complying with Pronto HireRKJ’s obligations under this Contract, then without prejudice to Pronto HireRKJ’s other rights and remedies, Pronto Hire RKJ may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire RKJ as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
20.2 If pursuant to any right conferred by this Contract, or any other hire RKJ suspends the Services and the default that led to that suspension continues un- remedied subject to clause 19.1 for at least ten (10) working days, RKJ shall be entitled to terminate the Contract;, in accordance with clause 19..
Appears in 1 contract
Samples: Service Agreement
Suspension of Services. 26.1 Where
12.1 Leaseweb shall be entitled to immediately suspend the Contract is subject to section 24A provision of any of the Construction Contracts Amendment Act 2015, Services and/or to suspend Customer’s right to access or use the Customer hereby expressly acknowledges Portal and/or the API and/or to suspend Customer’s right to access to the Equipment and/or limit Customer’s consumption of Data Traffic or Bandwidth, on giving written notice to Customer, in the event that:
(a) Pronto Hire Leaseweb receives an order or ruling or decision to that effect from a court, any law enforcement authority or any (other) governmental authority;
b) Customer is in breach of the Acceptable Use Policy (part of the Leaseweb Policies), and fails to take (timely) remedial action in accordance with the Abuse Policy (part of the Leaseweb Policies) after receipt of a notice from Leaseweb, provided always that Leaseweb may immediately suspend Services without providing a remedy period if the continued provision of Services may subject Leaseweb to liability vis-à-vis third parties, and/or may cause an Emergency;
c) Customer’s consumption of electricity exceeds Basic Power (specified in the Order) and Customer fails to reduce its electricity consumption to a level on or below Basic Power within three (3) days after having received notice thereon;
d) Customer’s consumption of Data Traffic or Bandwidth exceeds the Committed Data Traffic or the Committed Bandwidth (specified in the Order Form/Order Confirmation), as the case may be, and Customer fails to reduce such consumption to a level on or below the Committed Data Traffic or the Committed Bandwidth, as the case may be, within three (3) days after having received notice thereon;
e) Customer has failed to maintain the right licenses, permits, and authorizations required to suspend work use the Services and/or the Equipment and fails to remedy such failure within five seven (57) working days of after having received written notice thereon;
f) Customer does not cooperate with any investigation of Customer’s alleged improper or unlawful use of the Services, the Network or other networks accessed through Leaseweb, and fails to remedy such breach within seven (7) days after having received written notice thereon;
g) Customer does not pay an invoice within the payment term and fails to pay such invoice, plus the interest referred to in clause 10.11, within a period of seven (7) days after having received notice thereon;
h) the Services, software, or Equipment are exported or used in a country, or used by a Customer or an End User, in violation of the restrictions referenced in clause 16.8; and/or
i) Customer is in breach of any of the other provisions of the Agreement and Customer fails to remedy such breach within fourteen (14) days after having received written notice thereon, provided always that Leaseweb may immediately suspend Services without providing a remedy period if the continued provision of Services may subject Leaseweb to liability vis-à-vis third parties, and/or may cause an Emergency;
j) Leaseweb has good reasons to fear that Customer will materially breach its intent obligations under the Agreement, and Customer does not, upon written request, confirm to do so if a payment claim is served on Leaseweb in writing that it will fully perform in conformity with its obligations under the Customer, and:Agreement.
12.2 Leaseweb shall be entitled to continue the suspension or limitation described in Clause 12.1 until: (i) Customer has remedied the payment is not breach and has paid the deactivation charge specified in full by Clause 12.3; or (ii) the due date for payment Agreement has been terminated in accordance with clause 6.6 Clause 21.
12.3 Following suspension of the provision of the Services and/or any subsequent amendments or new legislation access to the Equipment, in accordance with this Clause 12, Leaseweb may claim -and Customer shall pay upon demand- a deactivation charge in the amount of sixty two Euros and no payment schedule has been given by the Customer; or
fifty cents (ii) a scheduled amount stated in a payment schedule issued by the Customer € 62.50), in relation to the payment claim is not paid (administrative) activities performed in full by the due date for its payment; or
(iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to Pronto Hire by a particular date; and
(iv) Pronto Hire has given written notice to the Customer of its intention order to suspend and – if applicable – to recommence the carrying out of construction work under the construction Contract.
(b) if Pronto Hire suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of Pronto Hire suspending work under this provision;
(d) due to any act or omission by the Customer, the Customer effectively precludes Pronto Hire from continuing the Services or performing or complying with Pronto Hire’s obligations under this Contract, then without prejudice to Pronto Hire’s other rights and remedies, Pronto Hire may suspend the Services immediately after serving on the Customer a written notice specifying the payment default or the act, omission or default upon which the suspension provision of the Services is based. All costs and expenses incurred by Pronto Hire as a result of such suspension and recommencement shall be payable under this, or any other hire Contract;and/or Customer’s (right to) access to the Equipment.
Appears in 1 contract
Samples: General Conditions
Suspension of Services. 26.1 Where
12.1 Leaseweb shall be entitled to immediately suspend the Contract is subject to section 24A provision of any of the Construction Contracts Amendment Act 2015, Services and/or to suspend Customer’s right to access or use the Customer hereby expressly acknowledges Portal and/or the API and/or to suspend Customer’s right to access to the Equipment and/or limit Customer’s consumption of Data Traffic or Bandwidth, on giving written notice to Customer, in the event that:
(a) Pronto Hire Leaseweb receives an order or ruling or decision to that effect from a court, any law enforcement authority or any (other) governmental authority;
b) Customer is in breach of the Acceptable Use Policy (part of the Leaseweb Policies), and fails to take (timely) remedial action in accordance with the Abuse Policy (part of the Leaseweb Policies) after receipt of a notice from Leaseweb, provided always that Leaseweb may immediately suspend Services without providing a remedy period if the continued provision of Services may subject Leaseweb to liability vis-à-vis third parties, and/or may cause an Emergency;
c) Customer’s consumption of electricity exceeds Basic Power (specified in the Order) and Customer fails to reduce its electricity consumption to a level on or below Basic Power within three (3) days after having received notice thereon;
d) Customer’s consumption of Data Traffic or Bandwidth exceeds the Committed Data Traffic or the Committed Bandwidth (specified in the Order Form/Order Confirmation), as the case may be, and Customer fails to reduce such consumption to a level on or below the Committed Data Traffic or the Committed Bandwidth, as the case may be, within three (3) days after having received notice thereon;
e) Customer has failed to maintain the right licenses, permits, and authorizations required to suspend work use the Services and/or the Equipment and fails to remedy such failure within five seven (57) working days of after having received written notice thereon;
f) Customer does not cooperate with any investigation of Customer’s alleged improper or unlawful use of the Services, the Network or other networks accessed through Leaseweb, and fails to remedy such breach within seven (7) days after having received written notice thereon;
g) Customer does not pay an invoice within the payment term and fails to pay such invoice, plus the interest referred to in clause 10.11, within a period of seven (7) days after having received notice thereon;
h) the Services, software, or Equipment are exported or used in a country, or used by a Customer or an End User, in violation of the restrictions referenced in clause 16.8; and/or
i) Customer is in breach of any of the other provisions of the Agreement and Customer fails to remedy such breach within fourteen (14) days after having received written notice thereon, provided always that Leaseweb may immediately suspend Services without providing a remedy period if the continued provision of Services may subject Leaseweb to liability vis-à-vis third parties, and/or may cause an Emergency;
j) Leaseweb has good reasons to fear that Customer will materially breach its intent obligations under the Agreement, and Customer does not, upon written request, confirm to do so if a payment claim is served on Leaseweb in writing that it will fully perform in conformity with its obligations under the Customer, and:Agreement.
12.2 Leaseweb shall be entitled to continue the suspension or limitation described in Clause 12.1 until: (i) Customer has remedied the payment is not breach and has paid the deactivation charge specified in full by Clause 12.3; or (ii) the due date for payment Agreement has been terminated in accordance with clause 6.6 Clause 21.
12.3 Following suspension of the provision of the Services and/or any subsequent amendments or new legislation access to the Equipment, in accordance with this Clause 12, Leaseweb may claim -and Customer shall pay upon demand- a deactivation charge in the amount of sixty two Singapore Dollars and no payment schedule has been given by the Customer; or
fifty cents (ii) a scheduled amount stated in a payment schedule issued by the Customer $ 62.50), in relation to the payment claim is not paid (administrative) activities performed in full by the due date for its payment; or
(iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to Pronto Hire by a particular date; and
(iv) Pronto Hire has given written notice to the Customer of its intention order to suspend and – if applicable – to recommence the carrying out of construction work under the construction Contract.
(b) if Pronto Hire suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of Pronto Hire suspending work under this provision;
(d) due to any act or omission by the Customer, the Customer effectively precludes Pronto Hire from continuing the Services or performing or complying with Pronto Hire’s obligations under this Contract, then without prejudice to Pronto Hire’s other rights and remedies, Pronto Hire may suspend the Services immediately after serving on the Customer a written notice specifying the payment default or the act, omission or default upon which the suspension provision of the Services is based. All costs and expenses incurred by Pronto Hire as a result of such suspension and recommencement shall be payable under this, or any other hire Contract;and/or Customer’s (right to) access to the Equipment.
Appears in 1 contract
Samples: General Conditions
Suspension of Services. 26.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer hereby expressly acknowledges that:
(a) Pronto Hire has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 and/or any subsequent amendments or new legislation and no payment schedule has been given by the Customer; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to Pronto Hire by a particular date; and
(iv) Pronto Hire has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of Pronto Hire suspending work under this provision;
(d) due to any act or omission by the Customer, the Customer effectively precludes Pronto Hire from continuing the Services or performing or complying with Pronto Hire’s obligations under this Contract, then without prejudice to Pronto Hire’s other rights and remedies, Pronto Hire may suspend the Services immediately after serving on the Customer a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire as a result of such suspension and recommencement shall be payable under thisby the Customer as if they were a variation.
26.2 If pursuant to any right conferred by this Contract, or any other hire Pronto Hire suspends the Services and the default that led to that suspension continues un-remedied subject to clause 23.1 for at least ten (10) working days, Pronto Hire shall be entitled to terminate the Contract;, in accordance with clause 23.
Appears in 1 contract
Samples: Contract
Suspension of Services. 26.1 21.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015, the Customer hereby expressly acknowledges that:
(a) Pronto Hire Waimak Engineering has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 5.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the Customer; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to Pronto Hire Waimak Engineering by a particular date; and
(iv) Pronto Hire Waimak Engineering has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire Waimak Engineering suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire Waimak Engineering exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire Waimak Engineering under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of Pronto Hire Waimak Engineering suspending work under this provision;
(d) due to any act or omission by the Customer, the Customer effectively precludes Pronto Hire Waimak Engineering from continuing the Services or performing or complying with Pronto HireWaimak Engineering’s obligations under this Contract, then without prejudice to Pronto HireWaimak Engineering’s other rights and remedies, Pronto Hire Waimak Engineering may suspend the Services immediately after serving on the Customer a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire Waimak Engineering as a result of such suspension and recommencement shall be payable under thisby the Customer as if they were a variation.
21.2 If pursuant to any right conferred by this Contract, or any other hire Waimak Engineering suspends the Services and the default that led to that suspension continues un-remedied subject to clause 19.1 for at least ten (10) working days, Waimak Engineering shall be entitled to terminate the Contract;, in accordance with clause 19.
Appears in 1 contract
Samples: Contract
Suspension of Services. 26.1 22.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire the Seller has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 6.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire the Seller by a particular date; and
(iv) Pronto Hire the Seller has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire the Seller suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire the Seller exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire the Seller under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire the Seller suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire the Seller from continuing the Services or performing or complying with Pronto Hirethe Seller’s obligations under this Contract, then without prejudice to Pronto Hirethe Seller’s other rights and remedies, Pronto Hire the Seller may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire the Seller as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
22.2 If pursuant to any right conferred by this Contract, or any other hire the Seller suspends the Services and the default that led to that suspension continues un-remedied subject to clause 20.1 for at least ten (10) working days, the Seller shall be entitled to terminate the Contract;, in accordance with clause 20.
Appears in 1 contract
Samples: Sales Contracts
Suspension of Services. 26.1 23.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire Genweld has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 5.4 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire Genweld by a particular date; and
(iv) Pronto Hire Genweld has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire Genweld suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire Genweld exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire Genweld under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire Genweld suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire Genweld from continuing the Services or performing or complying with Pronto HireGenweld’s obligations under this Contract, then without prejudice to Pronto HireGenweld’s other rights and remedies, Pronto Hire Genweld may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire Genweld as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
23.2 If pursuant to any right conferred by this Contract, or any other hire Genweld suspends the Services and the default that led to that suspension continues un- remedied subject to clause 20.1 for at least ten (10) working days, Genweld shall be entitled to terminate the Contract;, in accordance with clause 20.
Appears in 1 contract
Samples: Service Agreement
Suspension of Services. 26.1 25.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer hereby expressly acknowledges that:
(a) Pronto Hire TDD has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 6.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the Customer; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to Pronto Hire TDD by a particular date; and
(iv) Pronto Hire TDD has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire TDD suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire TDD exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire TDD under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of Pronto Hire TDD suspending work under this provision;
(d) due to any act or omission by the Customer, the Customer effectively precludes Pronto Hire TDD from continuing the Services or performing or complying with Pronto HireTDD’s obligations under this Contract, then without prejudice to Pronto HireTDD’s other rights and remedies, Pronto Hire TDD may suspend the Services immediately after serving on the Customer a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire TDD as a result of such suspension and recommencement shall be payable under thisby the Customer as if they were a variation.
25.2 If pursuant to any right conferred by this Contract, or any other hire TDD suspends the Services and the default that led to that suspension continues un-remedied subject to clause 20.1 for at least ten (10) working days, TDD shall be entitled to terminate the Contract;, in accordance with clause 20.
Appears in 1 contract
Samples: Contract
Suspension of Services. 26.1 22.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire the Seller has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 6.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire the Seller by a particular date; and
(iv) Pronto Hire the Seller has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire the Seller suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire the Seller exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire the Seller under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire the Seller suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire the Seller from continuing the Services or performing or complying with Pronto Hirethe Seller’s obligations under this Contract, then without prejudice to Pronto Hirethe Seller’s other rights and remedies, Pronto Hire the Seller may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire the Seller as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
22.2 If pursuant to any right conferred by this Contract, or any other hire the Seller suspends the Services and the default that led to that suspension continues un-remedied subject to clause 20.1 for at least ten (10) working days, the Seller shall be entitled to terminate the Contract;, in accordance with clause 20.
Appears in 1 contract
Samples: Sales Contracts
Suspension of Services. 26.1 29.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire the Supplier has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 7.4 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire the Supplier by a particular date; and
(iv) Pronto Hire the Supplier has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire the Supplier suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire the Supplier exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire the Supplier under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire the Supplier suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire the Supplier from continuing the Services or performing or complying with Pronto Hirethe Supplier’s obligations under this Contract, then without prejudice to Pronto Hirethe Supplier’s other rights and remedies, Pronto Hire the Supplier may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire the Supplier as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
29.2 If pursuant to any right conferred by this Contract, or any other hire the Supplier suspends the Services and the default that led to that suspension continues un-remedied subject to clause 25.1 for at least ten (10) working days, the Supplier shall be entitled to terminate the Contract;, in accordance with clause 25.
Appears in 1 contract
Samples: Service Agreement
Suspension of Services. 26.1 29.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire the Supplier has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 7.4 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire the Supplier by a particular date; and
(iv) Pronto Hire the Supplier has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire the Supplier suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire the Supplier exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire the Supplier under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire the Supplier suspending work under this provision;
(d) due to any act or omission by the Customer, the Customer effectively precludes Pronto Hire from continuing the Services or performing or complying with Pronto Hire’s obligations under this Contract, then without prejudice to Pronto Hire’s other rights and remedies, Pronto Hire ; Supplier may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire the Supplier as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
29.2 If pursuant to any right conferred by this Contract, or any other hire the Supplier suspends the Services and the default that led to that suspension continues un-remedied subject to clause 25.1 for at least ten (10) working days, the Supplier shall be entitled to terminate the Contract;, in accordance with clause 25.
Appears in 1 contract
Samples: Supply Agreement
Suspension of Services. 26.1 21.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 20152002, the Customer hereby expressly acknowledges that:
(a) Pronto Hire the Contractor has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 6.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the Customer; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to Pronto Hire the Contractor by a particular date; and
(iv) Pronto Hire the Contractor has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire the Contractor suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire the Contractor exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire the Contractor under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of Pronto Hire the Contractor suspending work under this provision;
(d) due to any act or omission by the Customer, the Customer effectively precludes Pronto Hire the Contractor from continuing the Services or performing or complying with Pronto Hirethe Contractor’s obligations under this Contract, then without prejudice to Pronto Hirethe Contractor’s other rights and remedies, Pronto Hire the Contractor may suspend the Services immediately after serving on the Customer a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire the Contractor as a result of such suspension and recommencement shall be payable under thisby the Customer as if they were a variation.
21.2 If pursuant to any right conferred by this Contract, or any other hire the Contractor suspends the Services and the default that led to that suspension continues un-remedied subject to clause 19.1 for at least ten (10) working days, the Contractor shall be entitled to terminate the Contract;, in accordance with clause 19.
Appears in 1 contract
Samples: Contract
Suspension of Services. 26.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire the Supplier has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 7 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire the Supplier by a particular date; and
(iv) Pronto Hire the Supplier has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire the Supplier suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire the Supplier exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire the Supplier under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire the Supplier suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire the Supplier from continuing the Services or performing or complying with Pronto Hirethe Supplier’s obligations under this Contract, then without prejudice to Pronto Hirethe Supplier’s other rights and remedies, Pronto Hire the Supplier may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire the Supplier as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
26.2 If pursuant to any right conferred by this Contract, or any other hire the Supplier suspends the Services and the default that led to that suspension continues un-remedied subject to clause 23.1 for at least ten (10) working days, the Supplier shall be entitled to terminate the Contract;, in accordance with clause 23.
Appears in 1 contract
Samples: Warranty
Suspension of Services. 26.1 21.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 20152002, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire the Supplier has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 5.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire the Supplier by a particular date; and
(iv) Pronto Hire the Supplier has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire the Supplier suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire the Supplier exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire the Supplier under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire the Supplier suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire the Supplier from continuing the Services or performing or complying with Pronto Hirethe Supplier’s obligations under this Contract, then without prejudice to Pronto Hirethe Supplier’s other rights and remedies, Pronto Hire the Supplier may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire the Supplier as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
21.2 If pursuant to any right conferred by this Contract, or any other hire the Supplier suspends the Services and the default that led to that suspension continues un-remedied subject to clause 20.1 for at least ten (10) working days, the Supplier shall be entitled to terminate the Contract;, in accordance with clause 20.
Appears in 1 contract
Samples: Supply Agreement
Suspension of Services. 26.1 25.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire FP has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 6.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire FP by a particular date; and
(iv) Pronto Hire FP has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contractcontract.
(b) if Pronto Hire FP suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire FP exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire FP under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire FP suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire FP from continuing the Services or performing or complying with Pronto HireFP’s obligations under this Contract, then without prejudice to Pronto HireFP’s other rights and remedies, Pronto Hire FP may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire FP as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
25.2 If pursuant to any right conferred by this Contract, or any other hire FP suspends the Services and the default that led to that suspension continues un- remedied subject to clause 22.1 for at least ten (10) working days, FP shall be entitled to terminate the Contract;, in accordance with clause 22.
Appears in 1 contract
Samples: Service Agreement
Suspension of Services. 26.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire the Agent has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 6 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire the Agent by a particular date; and
(iv) Pronto Hire the Agent has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire the Agent suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire the Agent exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire the Agent under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire the Agent suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire the Agent from continuing the Services or performing or complying with Pronto Hirethe Agent’s obligations under this Contract, then without prejudice to Pronto Hirethe Agent’s other rights and remedies, Pronto Hire the Agent may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire the Agent as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
26.2 If pursuant to any right conferred by this Contract, or any other hire the Agent suspends the Services and the default that led to that suspension continues un- remedied subject to clause 21 for at least ten (10) working days, the Agent shall be entitled to terminate the Contract;, in accordance with clause 21.1.
Appears in 1 contract
Samples: Contract
Suspension of Services. 26.1 21.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 20152002, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire Xxxx has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 6.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire Hiko by a particular date; and
(iv) Pronto Hire Xxxx has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire Xxxx suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire Hiko exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire Hiko under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire Xxxx suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire Hiko from continuing the Services or performing or complying with Pronto HireXxxx’s obligations under this Contract, then without prejudice to Pronto HireXxxx’s other rights and remedies, Pronto Hire Xxxx may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire Xxxx as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
21.2 If pursuant to any right conferred by this Contract, or any other hire Xxxx suspends the Services and the default that led to that suspension continues un- remedied subject to clause 19.1 for at least ten (10) working days, Xxxx shall be entitled to terminate the Contract;, in accordance with clause 19.
Appears in 1 contract
Samples: Contract
Suspension of Services. 26.1 25.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 20152002, the Customer Buyer hereby expressly acknowledges that:
(a) Pronto Hire the Seller has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerBuyer, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 7.6 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerBuyer; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Buyer in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Buyer has not complied with an adjudicator’s notice that the Customer Buyer must pay an amount to Pronto Hire the Seller by a particular date; and
(iv) Pronto Hire the Seller has given written notice to the Customer Buyer of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire the Seller suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Buyer or by any person claiming through the CustomerBuyer; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire the Seller exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire the Seller under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer Buyer to exercise any rights that may otherwise have been available to the Customer Buyer under that Act as a direct consequence of Pronto Hire the Seller suspending work under this provision;
(d) due to any act or omission by the CustomerBuyer, the Customer Buyer effectively precludes Pronto Hire the Seller from continuing the Services or performing or complying with Pronto Hirethe Seller’s obligations under this Contract, then without prejudice to Pronto Hirethe Seller’s other rights and remedies, Pronto Hire the Seller may suspend the Services immediately after serving on the Customer Buyer a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire the Seller as a result of such suspension and recommencement shall be payable under thisby the Buyer as if they were a variation.
25.2 If pursuant to any right conferred by this Contract, or any other hire the Seller suspends the Services and the default that led to that suspension continues un- remedied subject to clause 23.1 for at least ten (10) working days, the Seller shall be entitled to terminate the Contract;, in accordance with clause 23.
Appears in 1 contract
Samples: Services Agreements
Suspension of Services. 26.1 28.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 20152002, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire the Seller has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire the Seller by a particular date; and
(iv) Pronto Hire the Seller has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire the Seller suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire the Seller exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire the Seller under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire the Seller suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire the Seller from continuing the Services or performing or complying with Pronto Hirethe Seller’s obligations under this Contract, then without prejudice to Pronto Hirethe Seller’s other rights and remedies, Pronto Hire the Seller may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire the Seller as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
28.2 If pursuant to any right conferred by this Contract, or any other hire the Seller suspends the Services and the default that led to that suspension continues un- remedied subject for at least ten (10) working days, the Seller shall be entitled to terminate the Contract;.
Appears in 1 contract
Samples: Sales Contract
Suspension of Services. 26.1 21.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer hereby expressly acknowledges that:
(a) Pronto Hire the Supplier has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 and/or 5.5and/or any subsequent amendments or new legislation and no payment schedule has been given by the Customer; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to Pronto Hire the Supplier by a particular date; and
(iv) Pronto Hire the Supplier has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire the Supplier suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire the Supplier exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire the Supplier under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of Pronto Hire the Supplier suspending work under this provision;
(d) due to any act or omission by the Customer, the Customer effectively precludes Pronto Hire the Supplier from continuing the Services or performing or complying with Pronto Hirethe Supplier’s obligations under this Contract, then without prejudice to Pronto Hirethe Supplier’s other rights and remedies, Pronto Hire the Supplier may suspend the Services immediately after serving on the Customer a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire the Supplier as a result of such suspension and recommencement shall be payable under thisby the Customer as if they were a variation.
21.2 If pursuant to any right conferred by this Contract, or any other hire the Supplier suspends the Services and the default that led to that suspension continues un-remedied subject to clause 19.1 for at least ten (10) working days, the Supplier shall be entitled to terminate the Contract;, in accordance with clause 19.
Appears in 1 contract
Samples: Contract
Suspension of Services. 26.1 21.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 20152002, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire PF&T has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 6.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire PF&T by a particular date; and
(iv) Pronto Hire PF&T has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire PF&T suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire PF&T exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire PF&T under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire PF&T suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire PF&T from continuing the Services or performing or complying with Pronto HirePF&T’s obligations under this Contract, then without prejudice to Pronto HirePF&T’s other rights and remedies, Pronto Hire PF&T may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire PF&T as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
21.2 If pursuant to any right conferred by this Contract, or any other hire PF&T suspends the Services and the default that led to that suspension continues un- remedied subject to clause 19.1 for at least ten (10) working days, PF&T shall be entitled to terminate the Contract;, in accordance with clause19.
Appears in 1 contract
Samples: Contract
Suspension of Services. 26.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015, the Customer 25.1 The Client hereby expressly acknowledges that:
(a) Pronto Hire FP has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer, andif:
(i) the any payment due under this Contract is not paid in full by the due date for payment in accordance with clause 6.6 and/or any subsequent amendments or new legislation and and, if the invoice is a Construction Contracts Act 2002 compliant payment claim no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire FP by a particular date; and
(iv) Pronto Hire has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire FP suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire FP exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire FP under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire FP suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire FP from continuing the Services or performing or complying with Pronto HireFP’s obligations under this Contract, then without prejudice to Pronto HireFP’s other rights and remedies, Pronto Hire FP may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire FP as a result of such suspension and recommencement shall be payable by the Client as if they were a variation.
25.2 If pursuant to any right conferred by this Contract, FP suspends the Services and the default that led to that suspension continues un- remedied subject to clause 22.1 for at least ten (10) working days, FP shall be entitled to terminate the Contract, in accordance with clause 22.
25.3 The suspension right in this clause 25 is in addition to any suspension right FP has under this, or any other hire Contract;the Construction Contracts Act 2002.
Appears in 1 contract
Samples: Contract
Suspension of Services. 26.1 20.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015, the Customer hereby expressly acknowledges that:
(a) Pronto Hire Protrade has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 6 and/or any subsequent amendments or new legislation and no payment schedule has been given by the Customer; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to Pronto Hire Protrade by a particular date; and
(iv) Pronto Hire Protrade has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire Protrade suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire Protrade exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire Protrade under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of Pronto Hire Protrade suspending work under this provision;
(d) due to any act or omission by the Customer, the Customer effectively precludes Pronto Hire Protrade from continuing the Services or performing or complying with Pronto HireProtrade’s obligations under this Contract, then without prejudice to Pronto HireProtrade’s other rights and remedies, Pronto Hire Protrade may suspend the Services immediately after serving on the Customer a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire Protrade as a result of such suspension and recommencement shall be payable under thisby the Customer as if they were a variation.
20.2 If pursuant to any right conferred by this Contract, or any other hire Protrade suspends the Services and the default that led to that suspension continues un- remedied subject to clause 15.1 for at least ten (10) working days, Protrade shall be entitled to terminate the Contract;, in accordance with clause 15.
Appears in 1 contract
Samples: Service Agreement
Suspension of Services. 26.1 22.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire HSS has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 8.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire HSS by a particular date; and
(iv) Pronto Hire HSS has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire HSS suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire HSS exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire HSS under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire HSS suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire HSS from continuing the Services or performing or complying with Pronto HireHSS’s obligations under this Contract, then without prejudice to Pronto HireHSS’s other rights and remedies, Pronto Hire HSS may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire HSS as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
22.2 If pursuant to any right conferred by this Contract, or any other hire HSS suspends the Services and the default that led to that suspension continues un- remedied subject to clause 20.1 for at least ten (10) working days, HSS shall be entitled to terminate the Contract;, in accordance with clause 20.
Appears in 1 contract
Samples: Contract
Suspension of Services. 26.1 24.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 20152002, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire PDS has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 5.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire PDS by a particular date; and
(iv) Pronto Hire PDS has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire PDS suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire PDS exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire PDS under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire PDS suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire PDS from continuing the Services or performing or complying with Pronto HirePDS’s obligations under this Contract, then without prejudice to Pronto HirePDS’s other rights and remedies, Pronto Hire PDS may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire PDS as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
24.2 If pursuant to any right conferred by this Contract, or any other hire PDS suspends the Services and the default that led to that suspension continues un- remedied subject to clause 20.1 for at least ten (10) working days, PDS shall be entitled to terminate the Contract;, in accordance with clause 20.
Appears in 1 contract
Samples: Service Agreement
Suspension of Services. 26.1 23.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire Scafit has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 6.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire Scafit by a particular date; and
(iv) Pronto Hire Scafit has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire Scafit suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire Scafit exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire Scafit under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire Scafit suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire Scafit from continuing the Services or performing or complying with Pronto HireScafit’s obligations under this Contract, then without prejudice to Pronto HireScafit’s other rights and remedies, Pronto Hire Scafit may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire Scafit as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
23.2 If pursuant to any right conferred by this Contract, or any other hire Scafit suspends the Services and the default that led to that suspension continues un-remedied subject to clause 20.1 for at least ten (10) working days, Scafit shall be entitled to terminate the Contract;, in accordance with clause 20.
Appears in 1 contract
Samples: Scaffolding Hire Agreement
Suspension of Services. 26.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015Xxx 0000, the Customer Client hereby expressly acknowledges that:
(a) Pronto Safe Hire Limited has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 7 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Safe Hire Limited by a particular date; and
(iv) Pronto Safe Hire Limited has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Safe Hire Limited suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Safe Hire Limited exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Safe Hire Limited under the Contract and Commercial Law Act 2017Xxx 0000; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Safe Hire Limited suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Safe Hire Limited from continuing the Services or performing or complying with Pronto HireSafe Hire Limited’s obligations under this Contract, then without prejudice to Pronto HireSafe Hire Limited’s other rights and remedies, Pronto Safe Hire Limited may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Safe Hire Limited as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
26.2 If pursuant to any right conferred by this Contract, or any other hire Safe Hire Limited suspends the Services and the default that led to that suspension continues un-remedied subject to clause 22.1 for at least ten (10) working days, Safe Hire Limited shall be entitled to terminate the Contract;, in accordance with clause 22.
Appears in 1 contract
Samples: Service Agreement
Suspension of Services. 26.1 23.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 20152002, the Customer Client hereby expressly acknowledges that:
(a) Pronto Hire ZEN Energy has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the CustomerClient, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.6 6.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the CustomerClient; or
(ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to Pronto Hire ZEN Energy by a particular date; and
(iv) Pronto Hire ZEN Energy has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if Pronto Hire ZEN Energy suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate the Contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with.
(c) if Pronto Hire ZEN Energy exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to Pronto Hire ZEN Energy under the Contract and Commercial Law Act 2017; or
(ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of Pronto Hire ZEN Energy suspending work under this provision;
(d) due to any act or omission by the CustomerClient, the Customer Client effectively precludes Pronto Hire ZEN Energy from continuing the Services or performing or complying with Pronto HireZEN Energy’s obligations under this Contract, then without prejudice to Pronto HireZEN Energy’s other rights and remedies, Pronto Hire ZEN Energy may suspend the Services immediately after serving on the Customer Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Services is based. All costs and expenses incurred by Pronto Hire ZEN Energy as a result of such suspension and recommencement shall be payable under thisby the Client as if they were a variation.
23.2 If pursuant to any right conferred by this Contract, or any other hire ZEN Energy suspends the Services and the default that led to that suspension continues unremedied subject to clause 21.1 for at least ten (10) working days, ZEN Energy shall be entitled to terminate the Contract;, in accordance with clause 21.
Appears in 1 contract
Samples: Contract