Payment. Add the following sentence:
Payment. The following replaces 1.6b:
1. As long as the country operates in a free currency exchange market, Customer and IBM agree that IBM will accept payment in the applicable country national currency calculated at the country official exchange rate published by the bank specified in a Transaction Document on the date payment is made.
2. If the government of a country establishes any restriction or limitation on its free currency exchange markets, Customer agrees to make payments to IBM in US dollars to a bank account in New York, NY, USA, designated by IBM in the Transaction Document, provided that such payment is not illegal under country law. If such method of payment is forbidden by country law, Customer agrees to pay the amount indicated in the Transaction Document in country national currency, calculated at the official exchange rate that is in use for the remittance of dividends and net earnings to foreign investors outside the country. Customer agrees to pay accordingly, including any late payment fee. The late payment fee is calculated and payable in US dollars at two percent (or the maximum rate allowed by local law if such is less than two percent) of the delinquent amount due per each thirty day period during which any delinquent balance remains unpaid.
Payment. The following replaces 1.6b:
1. two percent of the delinquent amount due per the first thirty day period during which any delinquent balance remains unpaid, plus
2. ten percent for each successive thirty day period during which any delinquent balance remains unpaid.
Payment. The following replaces 1.6b:
Payment. The following paragraph is added after 1.6c as 1.6d:
Payment. Replace the above EMEA-wide text in 1.6b with the following:
Payment. Add the following paragraphs to 1.6b:
Payment. Payment Conditions
Payment a. Unless otherwise is specified in the confirmed order, payments shall be made on the due date to the bank account numbers indicated in the invoice of CELLMARK as net and without any deduction.
b. Upon receiving the invoice of the product issued by CELLMARK, the Customer acknowledges and undertakes that it has purchased the goods and shall pay the value thereof duly.
c. Any objection raised with regard to invoices shall be notified in writing to CELLMARK within 8 (EIGHT DAYS) after receiving the related invoice. Objections related with the products shall also be notified in writing, and any defect, default or missing quantity determined during the delivery by conducting a reasonable inspection shall be notified to CELLMARK within maximum 2 (two) days after the delivery date, or any claim (i.e. hidden defects) shall be notified in writing to CELLMARK within 2 (two) days following the detection thereof.
d. The use of the goods in any way shall be construed as the unconditional acceptance of the goods as of the delivery date thereof and deemed as all kinds of claims related with the goods are waived.
e. Even if the Customer makes a payment for a specific invoice, CELLMARK reserves the right to set off such payment against overdue and unpaid longstanding debt.
f. The Customer hereby agrees and undertakes to pay a contractual penalty totaling to 50% of the sale price plus costs and retainer for any legal action if the Customer breaches any payment commitment. In conformity with article 22 of the Turkish Commercial Code; in cases specified in the second paragraph of article 121, the third paragraph of article 182 and article 525 of the Turkish Code of Obligations, the debtor acting in the capacity of a merchant, may not claim from the court any reduction in the imposed fine arisen due to prices or the General Terms and Conditions of Sales by alleging overpricing or fine issues.
g. For overdue amounts, monthly contractual delay interest of 5% shall be applicable for sales in TRY and 1.5% for sales in USD or EURO.
Payment. Subject always to section 83 of the Turkish Code of Obligations, unless otherwise agreed in writing, all payments are to be in TL and are due in Honeywell’s account within 15 days from the date of invoice. In the event that payment is not forthcoming within 15 days from the date of invoice, Honeywell shall immediately be deemed to have served the Buyer with notice of such effect and in the event that payment is not forthcoming within a further 15 days, the Buyer shall be deemed to have defaulted. Invoices remaining unpaid in accordance with the foregoing will be subject to an interest charge of 2% per month above the Central Bank of Turkish Republic base rate applicable at the time (or the maximum rate allowed by Turkish law). Buyer will pay all costs of collection on unpaid amounts, including attorneys’ fees.