Prices / Payment Terms. 1. The agreed prices are firm prices. Payment conditions shall be agreed separately between the Supplier and us. Invoices are to be sub- mitted without carbon copies but shall include the purchase order number, purchase order line, our account and customer reference, place of unloading, Supplier number, part number, number of pieces, price per piece, and volume per delivery. The Supplier agrees to participate to a credit memo procedure upon our request.
2. Supplier is not entitled to assign any claim against us to a third party, or to have such claim collected by a third party, without our prior written approval. In the event that the Supplier assigns any claims or allows such to be collected by a third party without our approval, we shall still be entitled to continue making payments to the Supplier with discharging effect.
3. Supplier shall only have the right to set-off against any claims of us or the right of retention, if and to the extent that Supplier’s claims are undisputed or its counterclaims are final and non-appealable.
Prices / Payment Terms. 1. The agreed prices are fixed prices. Unless otherwise agreed, payment will be made within 14 days with a 2 % discount or within 45 days net. These periods are computed from (i) the time of performance in compliance with the contract and (ii) receipt of a proper and verifiable invoice. If we receive and accept a delivery at an earlier date than the date agreed upon, the payment period begins with the agreed delivery date. Invoices are to be submitted without carbon copies but shall include the purchase order number, purchase order line, our account and customer reference, place of unloading, Supplier number, part number, number of pieces, price per piece, and volume per delivery. The Supplier agrees to participate to a credit memo procedure upon our request.
2. The Supplier is not entitled to assign a claim against us to a third party or to have such claim collected by a third party.
3. Supplier shall only have the right to set-off against any claims of us or the right of retention, if and to the extent that Supplier’s claims are undisputed by us in writing or its counterclaims are final and non-appealable evidenced by an order of court of com- petent jurisdiction. We shall have the right to set-off against claims of Supplier any claims of our related corporations within the meaning of section 6 of the Singapore Companies Act (Cap 50) or such affiliates, being any natural person or firm, corporation, partnership, association, trust or other entity which controls, is controlled by, or is under common control with. We shall also have the right to set-off claims against any claim of any related corporations of Supplier within the meaning of section 6 of the Singapore Companies Act (Cap 50). or affiliates as defined aforesaid.
Prices / Payment Terms. 8.1 Unless otherwise stated herein, PAYMENT TERMS shall be Net 30 Days from the date of SELLER’S invoice, and payments shall be made in U. S. dollars. All PRICES shown are exclusive of any applicable tax. Any tax that SELLER is required to collect pursuant to the sale of PRODUCT(S) hereunder shall be in addition to the PRICE and shall be entirely for BUYER’S account.
8.2 If BUYER fails to pay any of the amounts due to SELLER within sixty (60) days from the date of invoice, SELLER shall issue written notice to BUYER and at any time thereafter SELLER may suspend all PRODUCT deliveries without termination of this Agreement until all past due amounts and accrued interest have been paid to SELLER, following receipt of which SELLER shall use reasonable efforts to reinstate all PRODUCT deliveries. SELLER may, in its sole discretion and without waiver of its rights hereunder allow BUYER additional time to make past due payments in lieu of suspension of PRODUCT deliveries. Without prejudice to the foregoing and notwithstanding same, if BUYER fails to pay any amount due SELLER within ninety (90) days from the date of invoice, SELLER may immediately terminate this Agreement and all deliveries of PRODUCT upon written notice to BUYER.
8.3 SELLER may revise the PRICE, PAYMENT TERMS or SHIPPING TERMS by written notice dispatched not less than thirty (30) days prior to the effective date of such change. Failure of BUYER to provide written objection to such change within fifteen (15) days of receipt of notice from SELLER shall be considered acceptance of such change.
8.4 If in the sole judgment of SELLER, BUYER’S financial ability to perform hereunder is altered, SELLER reserves the right, among any other right or remedy, to change PAYMENT TERMS, require full or partial advance payment or to cancel any outstanding order, without liability.
8.5 Any discount or rebate provided for in the AGREEMENT shall be accounted for exclusively on the basis of sales made to BUYER.
8.6 Notwithstanding any other provision in the AGREEMENT or elsewhere to the contrary, SELLER shall have the unilateral right to pass on to BUYER all fuel, freight, energy and/or similar surcharges.
8.7 All PRICES in the AGREEMENT are exclusively for PRODUCTS sold directly to BUYER or BUYER’S agent by SELLER.
8.8 SELLER shall retain a purchase money security interest in the PRODUCT(S) sold hereunder until all payments (including deferred payments, whether evidenced by notes or otherwise) shall have been receive...
Prices / Payment Terms. 2.1 The prices and delivery options stated in our catalogues, printed matter, letters, etc. are subject to change; cost estimates are non-binding. The prices will apply without dis- counts or other rebates and, unless expressly agreed otherwise in the individual case, ex works/warehouse (EXW Incoterms 2020), excluding packaging, disposal costs, transport, insurance, assembly and commissioning, plus the applicable value added tax, customs duties and other public charges.
2.2 If the agreed prices are based on our list prices and the delivery/service is to take place more than four months after conclusion of the contract, the list prices valid at the time of delivery/service will apply. If special productions require the use of new technolo- xxxx or processes and result in additional costs, XXXX is entitled to demand an adjust- ment of the agreed prices to the altered costs; delivery deadlines and terms of payment are to be redefined accordingly. This provision is applicable only if the order confir- mation expressly refers to this possibility. In this case, the order confirmation describes the state of the art, which is the basis of the initial price.
2.3 In the absence of any agreements to the contrary, payments must be made immediately after invoicing without any deductions. • In the case of orders for plants, machinery and machinery parts with a total price of less than € 50,000.00, payments must be made as follows: for first order, ad- xxxxx payment or 30 days net, subject to a positive credit check, without deduction of discount. For subsequent orders, 30 days net after positive initial settlement, without deduction of discount, subject to a positive credit check. • For orders not including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 % immediately net after order confirmation, 40 % after delivery 30 days net, 10 % after release or commissioning 30 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. • For orders including construction services with a total price of more than € 50,000.00, payments must be made as follows: 50 % immediately net after order confirmation, 40 % after delivery 30 days net, 10 % after release or commissioning 30 days net, but late. 90 days after delivery, in each case without deduction of discount and subject to a positive credit check. • For the provision of services and assembly work, XXXX is e...
Prices / Payment Terms. 3.1 The prices for the PRODUCT are set forth in Appendix A.
3.2 The prices under Section 3.1 above shall be firm until 31.12.2018 and only subject to change, if the relevant energy price index, defined in Appendix C, increases or decreases by more than 20%. The agreed prices will be adjusted by the rate (Euro/kg) as specified in the table in Appendix C.
3.3 WACKER shall invoice BUYER with each shipment of PRODUCT. BUYER shall pay such invoices net within [•]* ([•]*) days from the date of such invoices.
Prices / Payment Terms. 价格/支付条款
1. The agreed prices are firm prices. Payment conditions shall be agreed separately between the Supplier and us. 协议的价格为固定价格。付款条件应当在供应商与我们之间另行约定。
2. Invoices shall include the purchase order number, purchase order line, account number, place of unloading, customer reference, supplier number, part number, number of pieces, price per piece, and volume per delivery. The Supplier shall submit invoices exclusively in electronic form via the in- voice data exchange platform notified by us prior to or upon formation of the contract, unless otherwise expressly agreed or prohibited under the relevant statutory provisions. Further details for electronic invoicing and the platform to be used are regulated in the provisions on digital collaboration. These provisions can be found at xxx.xxxxxxxxxx.xx (using the search function) or will be made available to the Supplier upon request. 发票上应包括采购订单编号，采购订单行，我们的账户和客户编号、卸载地点、供应商编号、零件编号、件数、单件价格以及每次交付的数量。供应商应通过我们在合同订立前或订立时通知的发票数据交换平台以电子形式提交发票，除非另有明确约定或相关法律规定禁止。关于电子发票和使用的平台的更多细节可见于电子合作（Digital collaboration）规定。这些规定可以在 xxx.xxxxxxxxxx.xx（使用搜索功能），或者将根据需求提供给供应商。
3. The Supplier agrees to participate to a credit memo procedure upon our request. 供应商同意根据我们的要求参加信用控管体系。
4. The Supplier is not entitled to assign any claim against us to a third party, or to have such claim collected by a third party, without our prior written approval. In the event that the Supplier assigns any claims or allows such to be collected by a third party without our approval, we shall still be entitled to continue making payments to the Supplier with discharging effect. 未经我们在先书面认可，供应商无权将其对我们的主张转让给第三人，或令此种主张落入第三人之手。如供应商未经我们认可就将任何主张转让给或允许其落入第三方，我们有权继续向供应商付款而不受此转让所产生的法律效果的影响。
5. The Supplier shall only have the right to set-off against any claims of us or the right of retention, if and to the extent that the Supplier’s claims are undisputed, or its counterclaims are final and non-appealable. 仅在供应商的索赔是无争议的或其反诉是终局的并不可上诉的情况下，供应商方有权抵销或保留客户任何索赔的权利。
Prices / Payment Terms. 1. The agreed prices are firm prices. Payment conditions shall be agreed separately between the Supplier and us.
2. Invoices shall include the purchase order number, purchase order line, account number, place of unloading, customer reference, supplier number, part number, number of pieces, price per piece, and volume per delivery. The Supplier shall submit invoices exclusively in electronic form via the in- voice data exchange platform notified by us prior to or upon formation of the contract, unless otherwise expressly agreed or prohibited under the relevant statutory provisions. Further details for electronic invoicing and the platform to be used are regulated in the provisions on digital collabora- tion. These provisions can be found at xxx.xxxxxxxxxx.xx/xx (using the search function) or will be made available to the Supplier upon request.
3. The Supplier agrees to participate to a credit memo procedure upon our request.
4. The Supplier is not entitled to assign any claim against us to a third party, or to have such claim collected by a third party, without our prior written approval. In the event that the Supplier assigns any claims or allows such to be collected by a third party without our approval, we shall still be entitled to continue making payments to the Supplier with discharging effect.
5. The Supplier shall only have the right to set-off against any claims of us or the right of retention, if and to the extent that the Supplier’s claims are undisputed, or its counterclaims are final and non-appealable.
Prices / Payment Terms. 3.1 The initial price schedule for the Products is set forth on Schedule 3, and is exclusive of the costs of the Product Packaging (as defined in Section 7), which will be provided by BFI. The price for any Product includes Bariatrix's cost of (i) inserting the Products into the Product Packaging, and (ii) usual domestic packing of good quality so as to sustain (without damages) normal domestic air and/or motor freight transportation to point of delivery. The parties agree that such usual domestic packing includes, without limitation, putting shrink wrap on individual boxes of the Products (or using an alternatively approved carton closure system), placing such individual boxes in corrugated cardboard containers with shipping labels attached, and putting such containers on pallets, including adequate pallet wrap. Any other special packing, boxing, crating, or cartage which is required by BFI will be for BFI's account unless specifically agreed to in writing between the parties.
3.2 Bariatrix will have the right to adjust the prices to be paid for the Products hereunder by providing to BFI a notice of such a price adjustment not less than ninety (90) days prior to the proposed effective date of such price adjustment. Any such price adjustment will be made only if required by the aggregate effect of (i) actual changes in the cost of labor to Bariatrix; (ii) actual changes in the U.S./Canadian currency exchange rate; and (iii) actual changes in the cost of the ingredients utilized in the Products. Bariatrix will provide BFI with documentary evidence of the changes in such factors together with the notice of the price adjustment. Any proposed price increase will not exceed, on a percentage basis, the increase in the weighted average (as set forth below) of these three factors since *Confidential portions omitted and filed separately with the Commission. the date of the last price adjustment. The three factors shall be weighted based upon their respective percentage contributions to the cost of the relevant Product over the immediately preceding twelve months. Should BFI reject the proposed price adjustment, then Bariatrix may cease production of the item concerned, or, if requested by BFI, reformulate the item with the approval of BFI to meet the requirements of economic manufacturing. Bariatrix agrees that it will not increase the prices set forth on Schedule 3 at any time prior to May 31, 1998, unless it has experienced unforeseen and material increases in t...
Prices / Payment Terms. 1. The agreed prices are firm prices. Unless otherwise agreed, payment will be made within 14 days with a 2 % discount or within 30 days net. These periods are computed from (i) the time of performance in compliance with the contract and (ii) receipt of a proper and verifiable invoice. If we receive and accept a delivery at an earlier date than the date agreed upon, the payment period begins with the agreed deliv- ery date. Invoices are to be submitted without carbon copies but shall include the purchase order number, purchase order line, our account and customer reference, place of unloading, Supplier number, part number, number of pieces, price per piece, and volume per delivery. The Supplier agrees to participate to a credit memo procedure upon our request.
2. The Supplier is not entitled to assign a claim against us to a third party or to have such claim collected by a third party. The provisions of § 354a HGB [German Commercial Code] shall not be affected by the foregoing sentence.
3. Supplier shall only have the right to set-off against any claims of us or the right of retention, if and to the extent that Supplier’s claims are undisputed or its counterclaims are final and non-appealable. We shall have the right to set-off against claims of Supplier any claims of our affiliates within the meaning of § 15 AktG [German Stock Corporation Act]. We shall also have the right to set-off claims against any claim of any affiliate of Supplier within the meaning of § 15 AktG.
Prices / Payment Terms. (1) So far as the confirmation of the order does not contain any other stipulations, the prices of MDS are valid ex works, excluding packaging. This is separately invoiced (cf. below VII). Spare parts, wear parts and miscellaneous accessories (excluded from the scope of supply) are separately invoiced and payment is due within 14 days after the date of invoice.
(2) The statutory sales tax (VAT) is not included in our prices and is calculated on the day of issuing the invoice in accordance with the statutory percentages.
(3) Allowances for discounts require a special written agreement.
(4) As long as the confirmation of the order does not state otherwise, the net purchasing price (without deductions) is due in full:
a) In the amount of 30 % immediately upon receipt of our order confirmation by the purchaser, whereby it is assumed that the confirmation of the order is received by the purchaser within 3 days after it is mailed.
b) In the amount of 60 % at the time of delivery of the delivery item, at the latest 10 days after we notify the purchaser that item to be delivered is ready for delivery.
c) In the amount of 10 % after the purchaser brings the delivery item into service, at the latest 60 days after we notify the purchaser that the item to be delivered is ready for delivery.
(5) Should payments be delayed or made later than agreed, interest shall be charged in an amount of 8 % above the annual base lending rate (prime rate). If MDS can verify that more damage was caused by delay, we are entitled to reimbursement for these damages as well.
(6) The purchaser is only legally entitled to charging rights if his counterclaims are legally recognized, uncontested or accepted by MDS. Moreover, the purchaser is only allowed to use his right of retention if his counterclaim is based on the same contractual relationship.
(7) The purchaser is required to provide standard bank securities for our outstanding bills, if we request them.
(8) The right for a short delivery or an additional delivery of up to 10 % of the total quantity ordered and its related price adjustments - especially for special parts - is reserved by MDS.
