Common use of Xxxxx's Default Clause in Contracts

Xxxxx's Default. 13.1 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:- 13.1.1 cancel the order or suspend any further deliveries to the Buyer; 13.1.2 appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and 13.1.3 charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of two per cent per annum above National Westminster Bank plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). 13.2 This condition applies if:- 13.2.1 the Buyer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or 13.2.2 the Buyer becomes subject to an administration order or makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation; or 13.2.3 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or 13.2.4 the Buyer ceases, or threatens to cease, to carry on business; or 13.2.5 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. 13.3 If Condition 13.2 applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

Xxxxx's Default. 13.1 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-to: 13.1.1 cancel the order or suspend any further deliveries to the Buyer; 13.1.2 appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and 13.1.3 charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of two per cent 4% per annum above National Westminster Bank plc Lloyds TSB base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). 13.2 This condition applies if:-if: 13.2.1 the Buyer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or; 13.2.2 the Buyer becomes subject to an administration order or makes any enters into a voluntary arrangement with its creditors (within the meaning under Parts I or VIII of the Insolvency Act 19861986 or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation; or; 13.2.3 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or; 13.2.4 the Buyer ceases, or threatens to cease, to carry on business; or 13.2.5 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. 13.3 If Condition sub-Clause 13.2 applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

Xxxxx's Default. 13.1 14.1 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-to: 13.1.1 cancel 14.1.1 Cancel the order or suspend any further deliveries to the BuyerBuyer and charge the Buyer with the full sales price as stated in the quotation for all remaining volumes of the Goods that are not yet called off or are in production, transit or storage ; 13.1.2 appropriate 14.1.2 Appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and 13.1.3 charge 14.1.3 Charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of two per cent per annum above National Westminster Bank plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). 13.2 14.2 This condition applies if:-if: 13.2.1 the 14.2.1 The Buyer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or 13.2.2 the 14.2.2 The Buyer becomes subject to an administration order or makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation; or 13.2.3 an 14.2.3 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or 13.2.4 the 14.2.4 The Buyer ceases, or threatens to cease, to carry on business; or 13.2.5 the 14.2.5 The Seller reasonably apprehends believes that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. 13.3 14.3 If Condition 13.2 14.2 applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

Xxxxx's Default. 13.1 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-to: 13.1.1 cancel the order or suspend any further deliveries to the Buyer; 13.1.2 appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and 13.1.3 charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of two per cent 4% per annum above National Westminster Bank plc of England base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). 13.2 This condition applies if:-if: 13.2.1 the Buyer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or; 13.2.2 the Buyer becomes subject to an administration order or makes any enters into a voluntary arrangement with its creditors (within the meaning under Parts I or VIII of the Insolvency Act 19861986 or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation; or; 13.2.3 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or; 13.2.4 the Buyer ceases, or threatens to cease, to carry on business; or 13.2.5 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. 13.3 If Condition sub-Clause 13.2 applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.