Common use of Payment Clause in Contracts

Payment. 9.1 The payments shall be made in keeping with the agreed condi- tions of payment. Unless specific conditions of payment have been agreed upon, one third of the price shall be due upon receipt of the order confirmation, one third after half of the delivery period has lapsed, and the rest upon delivery. Irrespective of the foregoing, the value-added tax included in the invoice shall be paid within 30 days after the invoice date, at the latest, in all events. 9.2 Buyer shall not have the right to withhold payments due to warranty claims or any other counter-claims that Seller has not accepted. 9.3 If Buyer defaults on one of the agreed payments or any other performance, Seller may either insist on the performance of the contract and a) postpone compliance with Seller's own obligations until Xxxxx has paid the arrears in payment or provided any other perfor- mance, b) use a reasonable extension of the period of delivery, c) call for the payment of the full remaining purchase price, d) charge interest on arrears, as of the due date, in the amount of 7.5% above the respective base rate of the European Central Bank, unless Xxxxx can claim a reason for relief under Article 14 (see Directive 2000/35/EC of 29 June 2000 on combating late payment in commercial transactions), or announce the withdrawal from the contract, granting a reasonable respite. 9.4 In all events, Buyer shall refund to Seller the dunning charges and collection costs which constitute a further damage caused by the delayed performance. 9.5 If Buyer has not made the payment due or provided any other performance within the respite according to 9.3, Seller may with- draw from the contract by means of a written notice. Buyer shall return to Seller, upon Seller's request, any delivered goods and compensate Seller for any reduction in the value of the goods that has occurred, as well as refund to Seller all justified expenses that Seller had to incur in connection with the performance of the contract. Regarding undelivered goods, Seller is entitled to make available to Buyer the completed parts, or the parts with incipient processing respectively, and ask for a prorated part of the sales price. 9.6 The contracting parties agree mutually that the rights and obligations covered by the contract shall not be affected by the introduction of the euro. Payment obligations, especially the estab- lished values of the money shall be deemed to have been agreed in euro as soon as the euro has become the only acceptable means of payment. In all events, any conversion will be made on the basis of the officially established exchange rates. It is mutually agreed that the conversion to the euro neither creates a right to terminate, to withdraw from or to contest the contract, nor a claim for damages or modification of the contract.

Appears in 2 contracts

Samples: General Terms and Conditions of Delivery, General Terms and Conditions of Delivery

Payment. 9.1 The payments shall be made in keeping with the agreed condi- tions conditions of payment. Unless specific conditions of payment have been agreed upon, one third of the price shall be due upon receipt of the order confirmation, one third after half of the delivery period has lapsed, and the rest upon delivery. Irrespective of the foregoing, the value-added tax included in the invoice shall be paid within 30 days after the invoice date, at the latest, in all events. 9.2 Buyer shall not have the right to withhold payments due to warranty claims or any other counter-claims that Seller has not accepted. 9.3 If Buyer defaults on one of the agreed payments or any other performance, Seller may either insist on the performance of the contract and a) postpone compliance with Seller's own obligations until Xxxxx has paid the arrears in payment or provided any other perfor- manceperformance, b) use a reasonable extension of the period of delivery, c) call for the payment of the full remaining purchase price, d) charge interest on arrears, as of the due date, in the amount of 7.5% above the respective base rate of the European Central Bank, unless Xxxxx can claim a reason for relief under Article 14 (see Directive 2000/35/EC of 29 June 2000 on combating late payment in commercial transactions), or announce the withdrawal from the contract, granting a reasonable respite. 9.4 In all events, Buyer shall refund to Seller the dunning charges and collection costs which constitute a further damage caused by the delayed performance. 9.5 If Buyer has not made the payment due or provided any other performance within the respite according to 9.3, Seller may with- draw withdraw Habasit GmbH, Xxxxxxxxxxxxx 00, X-0000 Xxxx, Xxxxxxx, Tel. +00 0 000 00, Fax +00 0 000 00-00, email: xxxx.xxxxxxx@xxxxxxx.xxx from the contract by means of a written notice. Buyer shall return to Seller, upon Seller's request, any delivered goods and compensate Seller for any reduction in the value of the goods that has occurred, as well as refund to Seller all justified expenses that Seller had to incur in connection with the performance of the contract. Regarding undelivered goods, Seller is entitled to make available to Buyer the completed parts, or the parts with incipient processing respectively, and ask for a prorated pro- rated part of the sales price. 9.6 The contracting parties agree mutually that the rights and obligations covered by the contract shall not be affected by the introduction of the euro. Payment obligations, especially the estab- lished established values of the money shall be deemed to have been agreed in euro as soon as the euro has become the only acceptable means of payment. In all events, any conversion will be made on the basis of the officially established exchange rates. It is mutually agreed that the conversion to the euro neither creates a right to terminate, to withdraw from or to contest the contract, nor a claim for damages or modification of the contract.

Appears in 1 contract

Samples: Allgemeine Lieferbedingungen

Payment. 9.1 The payments shall be made in keeping with the agreed condi- tions conditions of payment. Unless specific conditions of payment have been agreed upon, one third of the price shall be due upon receipt of the order confirmation, one third after half of the delivery period has lapsed, and the rest upon delivery. Irrespective of the foregoing, the value-added tax included in the invoice shall be paid within 30 days after the invoice date, at the latest, in all events. 9.2 Buyer shall not have the right to withhold payments due to warranty claims or any other counter-claims that Seller has not accepted. 9.3 If Buyer defaults on one of the agreed payments or any other performance, Seller may either insist on the performance of the contract and a) postpone compliance with Seller's own obligations until Xxxxx has paid the arrears in payment or provided any other perfor- manceperformance, b) use a reasonable extension of the period of delivery, c) call for the payment of the full remaining purchase price, d) charge interest on arrears, as of the due date, in the amount of 7.5% above the respective base rate of the European Central Bank, unless Xxxxx can claim a reason for relief under Article 14 (see Directive 2000/35/EC of 29 June 2000 on combating late payment in commercial transactions), or announce the withdrawal from the contract, granting a reasonable respite. 9.4 In all events, Buyer shall refund to Seller the dunning charges and collection costs which constitute a further damage caused by the delayed performance. 9.5 If Buyer has not made the payment due or provided any other performance within the respite according to 9.3, Seller may with- draw withdraw from the contract by means of a written notice. Buyer shall return to Seller, upon Seller's request, any delivered goods and compensate Seller for any reduction in the value of the goods that has occurred, as well as refund to Seller all justified expenses that Seller had to incur in connection with the performance of the contract. Regarding undelivered goods, Seller is entitled to make available to Buyer the completed parts, or the parts with incipient processing respectively, and ask for a prorated pro- rated part of the sales price. 9.6 The contracting parties agree mutually that the rights and obligations covered by the contract shall not be affected by the introduction of the euro. Payment obligations, especially the estab- lished established values of the money shall be deemed to have been agreed in euro as soon as the euro has become the only acceptable means of payment. In all events, any conversion will be made on the basis of the officially established exchange rates. It is mutually agreed that the conversion to the euro neither creates a right to terminate, to withdraw from or to contest the contract, nor a claim for damages or modification of the contract.

Appears in 1 contract

Samples: Allgemeine Lieferbedingungen

Payment. 9.1 The payments shall be made in keeping with the agreed condi- tions conditions of payment. Unless specific conditions of payment have been agreed upon, one third of the price shall be due upon receipt of the order confirmation, one third after half of the delivery period has lapsed, and the rest upon delivery. Irrespective of the foregoing, the value-value- added tax included in the invoice shall be paid within 30 days after the invoice date, at the latest, in all events. 9.2 Buyer shall not have the right to withhold payments due to warranty claims or any other counter-claims that Seller has not accepted. 9.3 If Buyer defaults on one of the agreed payments or any other performancePerformance, Seller may either insist on the performance of the contract and a) postpone compliance with Seller's own obligations until Xxxxx has paid the arrears in payment or provided any other perfor- manceperformance, b) use a reasonable extension of the period of delivery, c) call for the payment of the full remaining purchase price, d) charge interest on arrears, as of the due date, in the amount of 7.5% above the respective base rate of the European Central Bank, unless Xxxxx can claim a reason for relief under Article 14 (see Directive 2000/35/EC of 29 June 2000 on combating late payment in commercial transactions), or announce the withdrawal from the contract, granting a reasonable respite. 9.4 In all events, Buyer shall refund to Seller the dunning charges and collection costs which constitute a further damage caused by the delayed performance. 9.5 If Buyer has not made the payment due or provided any other performance within the respite according to 9.3, Seller may with- draw withdraw from the contract by means of a written notice. Buyer shall return to Seller, upon Seller's request, any delivered goods and compensate Seller for any reduction in the value of the goods that has occurred, as well as refund to Seller all justified expenses that Seller had to incur in connection with the performance of the contract. Regarding undelivered goods, Seller is entitled to make available to Buyer the completed parts, or the parts with incipient processing respectively, and ask for a prorated part of the sales price. 9.6 The contracting parties agree mutually that the rights and obligations covered by the contract shall not be affected by the introduction of the euro. Payment obligations, especially the estab- lished established values of the money shall be deemed to have been agreed in euro as soon as the euro has become the only acceptable means of payment. In all events, any conversion will be made on the basis of the officially established exchange rates. It is mutually agreed that the conversion to the euro neither creates a right to terminate, to withdraw from or to contest the contract, nor a claim for damages or modification of the contract.

Appears in 1 contract

Samples: Allgemeine Lieferbedingungen