Common use of TERMS OFPAYMENT Clause in Contracts

TERMS OFPAYMENT. a) Subject to any additional or other terms agreed in Writing by Xxxxxxxx and Xxxxxxxxx, Xxxxxxxxx shall be entitled to invoice Customer for the Price of the Goods and Services on or at any time after delivery of the Goods or performance of the Services. b) The Price of the Goods and/or Services provided in the Quotation may be subject to adjustment in the event there is: i. a change to the Specifications or a Customer requested change to the delivery date or to the quantities of Goods or Services ordered in the Quotation; ii. any failure by the Customer to give Sartorius adequate or accurate information or instructions which causes Xxxxxxxxx to incur additional cost; iii. a failure by the Customer to collect or accept delivery of the Goods or allow performance of the Services in accordance with the Quotation and such increase may include, without limitation, a processing fee amounting to ten per cent (10%) of the Price, per month and for a maximum of two (2) months, after Sartorius has first notified the Customer that the Goods are ready for collection or (as the case may be) Xxxxxxxxx has tendered delivery of the Goods (the “Stocking Fee”); and/or iv. a change to: the cost of materials, costs of production, shipment arrangements (including expedited shipment/handing charges), currency or exchange, increases in taxes and duties or terms outside the original terms outlined in the Quote). c) If, two (2) months after Xxxxxxxxx has first notified the Customer that the Goods are ready for collection by the Customer or Sartorius has first tendered delivery of the Goods, the Goods have not been collected by the Customer or the Customer has not accepted delivery of the Goods or the Customer has not accepted or allowed performance of the Services in accordance with the Quotation, Xxxxxxxxx shall be entitled to invoice Customer for the Price of the Goods and or Services and any amount provided for in Section 6(b) and Customer shall remit payment for such amounts in accordance with the terms in Section 6(d). d) The Customer shall pay the Price in the invoicing currency within thirty (30) days of the date of Xxxxxxxxx's invoice, subject to credit approval, notwithstanding that delivery or performance may not have taken place and the property in the Goods has not passed to the Customer. e) If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Sartorius, Xxxxxxxxx shall be entitled to: (i) cancel the Agreement or suspend any further deliveries or performance to the Customer; and (ii) charge the Customer interest (both before and after any judgement) on the amount unpaid, at highest rates allowed by the law governing this Agreement, until payment in full is made. Interest will accrue on a daily basis and apply from the due date for payment until actual payment is made in full, whether before or after judgement. f) All payments shall be paid in full and cleared funds without any deduction or set-off or counter claim in accordance with the payment terms on the Quotation. g) Sartorius may require from the Customer that the latter provide as security for payment, two (2) weeks before the delivery date, an irrevocable and confirmed letter of credit, a banker’s bond or a bank guarantee. The assertion of any rights of retention or offsetting any Customer counterclaims that are not acknowledged by Xxxxxxxxx, have not been established by final court decision and are not yet ready for a decision in a legal dispute shall not be permitted. h) Xxxxxxxxx is not obliged to accept any checks or bills of exchange as method of payment. Acceptance of such payment methods must be agreed upon beforehand and shall occur in any case only on account of performance and will not be considered as performance in full discharge of an obligation. Any related costs will be borne by Customer. Credit notes from checks and bills of exchange will occur by deducting any costs and subject to receipt at the value on the day Sartorius has access to the equivalent value.

Appears in 2 contracts

Samples: Standard Terms and Conditions of Sales of Goods and Services, Standard Terms and Conditions of Sales of Goods and Services

TERMS OFPAYMENT. a) Subject to any additional or other terms agreed in Writing by Xxxxxxxx and Xxxxxxxxx, Xxxxxxxxx shall be entitled to invoice Customer for the Price of the Goods and Services on or at any time after delivery of the Goods or performance of the Services. b) The Price of the Goods and/or Services provided in the Quotation may be subject to adjustment in the event there is: i. a change to the Specifications or a Customer requested change to the delivery date or to the quantities of Goods or Services ordered in the Quotation; ii. any failure by the Customer to give Sartorius adequate or accurate information or instructions which causes Xxxxxxxxx to incur additional cost; iii. a failure by the Customer to collect or accept delivery of the Goods or allow performance of the Services in accordance with the Quotation and such increase may include, without limitation, a processing fee amounting to ten per cent (10%) of the Price, per month and for a maximum of two (2) months, after Sartorius has first notified the Customer that the Goods are ready for collection or (as the case may be) Xxxxxxxxx Sartorius has tendered delivery of the Goods (the “Stocking Fee”); and/or iv. a aa change to: the cost of materials, costs of production, shipment arrangements (including expedited shipment/handing charges), currency or exchange, increases in taxes and duties or terms outside the original terms outlined in the Quote). c) If, two (2) months after Xxxxxxxxx has first notified the Customer that the Goods are ready for collection by the Customer or Sartorius has first tendered delivery of the Goods, the Goods have not been collected by the Customer or the Customer has not accepted delivery of the Goods or the Customer has not accepted or allowed performance of the Services in accordance with the Quotation, Xxxxxxxxx shall be entitled to invoice Customer for the Price of the Goods and or Services and any amount provided for in Section 6(b) and Customer shall remit payment for such amounts in accordance with the terms in Section 6(d). d) The Customer shall pay the Price in the invoicing currency within thirty (30) days of the date of Xxxxxxxxx's invoice, subject to credit approval, notwithstanding that delivery or performance may not have taken place and the property in the Goods has not passed to the Customer. e) If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Sartorius, Xxxxxxxxx shall be entitled to: (i) cancel the Agreement or suspend any further deliveries or performance to the Customer; and (ii) charge the Customer interest (both before and after any judgement) on the amount unpaid, at highest rates allowed by the law governing this Agreement, until payment in full is made. Interest will accrue on a daily basis and apply from the due date for payment until actual payment is made in full, whether before or after judgement. f) All payments shall be paid in full and cleared funds without any deduction or set-off or counter claim in accordance with the payment terms on the Quotation. g) Sartorius may require from the Customer that the latter provide as security for payment, two (2) weeks before the delivery date, an irrevocable and confirmed letter of credit, a banker’s bond or a bank guarantee. The assertion of any rights of retention or offsetting any Customer counterclaims that are not acknowledged by Xxxxxxxxx, have not been established by final court decision and are not yet ready for a decision in a legal dispute shall not be permitted. h) Xxxxxxxxx is not obliged to accept any checks or bills of exchange as method of payment. Acceptance of such payment methods must be agreed upon beforehand and shall occur in any case only on account of performance and will not be considered as performance in full discharge of an obligation. Any related costs will be borne by Customer. Credit notes from checks and bills of exchange will occur by deducting any costs and subject to receipt at the value on the day Sartorius has access to the equivalent value.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sales of Goods and Services

TERMS OFPAYMENT. a) Subject to any additional or other terms agreed in Writing by Xxxxxxxx and Xxxxxxxxx, Xxxxxxxxx shall be entitled to invoice Customer for the Price of the Goods and Services on or at any time after delivery of the Goods or performance of the Services. b) The Price of the Goods and/or Services provided in the Quotation may be subject to adjustment in the event there is: i. a change to the Specifications or a Customer requested change to the delivery date or to the quantities of Goods or Services ordered in the Quotation; ii. any failure by the Customer to give Sartorius adequate or accurate information or instructions which causes Xxxxxxxxx to incur additional costcost ; iii. a failure by the Customer to collect or accept delivery of the Goods or allow performance of the Services in accordance with the Quotation and such increase may include, without limitation, a processing fee amounting to ten per cent (10%) of the Price, per month and for a maximum of two (2) months, after Sartorius has first notified the Customer that the Goods are ready for collection or (as the case may be) Xxxxxxxxx has tendered delivery of the Goods (the “Stocking Fee”); and/or iv. a change to: the cost of materials, costs of production, shipment arrangements (including expedited shipment/handing charges), currency or exchange, increases in taxes and duties or terms outside the original terms outlined in the Quote). c) If, two (2) months after Xxxxxxxxx has first notified the Customer that the Goods are ready for collection by the Customer or Sartorius has first tendered delivery of the Goods, the Goods have not been collected by the Customer or the Customer has not accepted delivery of the Goods or the Customer has not accepted or allowed performance of the Services in accordance with the Quotation, Xxxxxxxxx shall Shall be entitled to invoice Customer for the Price of the Goods and or Services and any amount provided for in Section clause 6(b) and Customer shall remit payment for such amounts in accordance with the terms in Section 6(d). d) The Customer shall pay the Price in the invoicing currency within thirty (30) days of the date of Xxxxxxxxx's ’s invoice, subject to credit approval, notwithstanding that delivery or performance may not have taken place and the property in the Goods has not passed to the Customer. e) If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Sartorius, Xxxxxxxxx shall be entitled to: (i) cancel the Agreement or suspend any further deliveries or performance to the Customer; and (ii) charge the Customer interest (both before and after any judgement) on the amount unpaid, at highest rates allowed by the law governing this Agreement, until payment in full is made. Interest will accrue on a daily basis and apply from the due date for payment until actual payment is made in full, whether before or after judgement. f) All payments shall be paid in full and cleared funds without any deduction or set-off or counter claim in accordance with the payment terms on the Quotation. g) Sartorius may require from the Customer that the latter provide as security for payment, two (2) weeks before the delivery date, an irrevocable and confirmed letter of credit, a banker’s bond or a bank guarantee. The assertion of any rights of retention or offsetting any Customer counterclaims that are not acknowledged by Xxxxxxxxx, have not been established by final court decision and are not yet ready for a decision in a legal dispute shall not be permitted. h) Xxxxxxxxx is not obliged to accept any checks or bills of exchange as method of payment. Acceptance of such payment methods must be agreed upon beforehand and shall occur in any case only on account of performance and will not be considered as performance in full discharge of an obligation. Any related costs will be borne by Customer. Credit notes from checks and bills of exchange will occur by deducting any costs and subject to receipt at the value on the day Sartorius has access to the equivalent value.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sales of Goods and Services

TERMS OFPAYMENT. a) Subject to any additional or other terms agreed in Writing by Xxxxxxxx and XxxxxxxxxSartorius, Xxxxxxxxx Sartorius shall be entitled to invoice Customer for the Price of the Goods and Services on or at any time after delivery of the Goods or performance of the Services. b) The Price of . Notwithstanding the Goods and/or Services provided in the Quotation may be subject to adjustment foregoing, in the event there is: i. a change the Goods are to the Specifications or a Customer requested change to the delivery date or to the quantities of Goods or Services ordered in the Quotation; ii. any failure be picked up by the Customer to give Sartorius adequate or accurate information or instructions which causes Xxxxxxxxx to incur additional cost; iii. a failure by the Customer to collect or does not accept delivery of the Goods or allow performance of the Services in accordance with the Quotation and such increase Quote, in addition to the Price outlined in the Quotation, Sartorius shall be entitled to invoice the Customer for: i) a stocking fee, which may include, without limitation, a processing fee amounting to amount ten per cent (10%) of the Price, per month and for a maximum of two (2) months, after Sartorius has first notified the Customer that the Goods are ready for collection or (as the case may be) Xxxxxxxxx Sartorius has tendered delivery of the Goods; ii) the Price of the Goods (the “Stocking Fee”); and/or iv. a change to: the cost of materials, costs of production, shipment arrangements (including expedited shipment/handing charges), currency or exchange, increases in taxes and duties or terms outside the original terms outlined in the Quote). c) Ifif, two (2) months after Xxxxxxxxx Sartorius has first notified the Customer that the Goods are ready for collection by or (as the Customer or case may be) Sartorius has first tendered delivery of the Goods, the Goods have not been collected are still stored by the Customer or the Customer has not accepted delivery of the Goods or the Customer has not accepted or allowed performance of the Services in accordance with the Quotation, Xxxxxxxxx shall be entitled to invoice Customer for the Price of the Goods and or Services and any amount provided for in Section 6(b) and Customer shall remit payment for such amounts in accordance with the terms in Section 6(d)Sartorius. db) The Customer shall pay the Price in the invoicing currency within thirty (30) days of the date of XxxxxxxxxSartorius's invoice, subject to credit approvalcredit, notwithstanding that delivery or performance may not have taken place and the property in the Goods has not passed to the Customer. ec) If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Sartorius, Xxxxxxxxx Sartorius shall be entitled to: (i) cancel the Agreement or suspend any further deliveries or performance to the Customer; and (ii) charge the Customer interest (both before and after any judgement) on the amount unpaid, at highest rates allowed by the law governing this Agreement, until payment in full is made. Interest will accrue on a daily basis and apply from the due date for payment until actual payment is made in full, whether before or after judgement. fd) All payments shall be paid in full and cleared funds without any deduction or set-off or counter claim in accordance with the payment terms on the Quotation. ge) Sartorius may require from the Customer that the latter provide as security for payment, two (2) weeks before the delivery date, an irrevocable and confirmed letter of credit, a banker’s bond or a bank guarantee. The assertion of any rights of retention or offsetting any Customer counterclaims that are not acknowledged by XxxxxxxxxSartorius, have not been established by final court decision and are not yet ready for a decision in a legal dispute shall not be permitted. hf) Xxxxxxxxx Sartorius is not obliged to accept any checks or bills of exchange as method of payment. Acceptance of such payment methods must be agreed upon beforehand and shall occur in any case only on account of performance and will not be considered as performance in full discharge of an obligation. Any related costs will be borne by Customer. Credit notes from checks and bills of exchange will occur by deducting any costs and subject to receipt at the value on the day Sartorius has access to the equivalent value.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sales of Goods and Services