Customer's Default. 11.1 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to: 11.1.1 cancel the order or suspend any further deliveries or provision of Goods and Services to the Customer; 11.1.2 appropriate any payment made by the Customer to such of the Goods and/or Services (or the goods and/or services supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer); and 11.1.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the late commercial debt rate above Bank of England base rate, plus reasonable late debt recovery fee’s, until payment in full is made. 11.2 This condition applies if: 11.2.1 the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; 11.2.2 the Customer becomes subject to an administration order or enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation; 11.2.3 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; 11.2.4 the Customer ceases, or threatens to cease, to carry on business; or 11.2.5 the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly. 11.3 If sub-Clause 13.2 applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, 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.
Appears in 6 contracts
Sources: Sales Contracts, Supply Agreement, Sales Contracts
Customer's Default. 11.1 14.1 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:to:-
11.1.1 14.1.1 cancel the order or suspend any further deliveries or provision of Goods and Services to the Customer;
11.1.2 14.1.2 appropriate any payment made by the Customer to such of the Goods and/or and Services (or the goods and/or and services supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer); and
11.1.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the late commercial debt rate above Bank of England base rate, plus reasonable late debt recovery fee’s, until payment in full is made.
11.2 14.2 This condition applies if:if:-
11.2.1 14.2.1 the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;; or
11.2.2 14.2.2 the Customer becomes subject to an administration order or enters into a makes any voluntary arrangement under Parts I or VIII with its creditors (within the meaning of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;; or
11.2.3 14.2.3 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;; or
11.2.4 14.2.4 the Customer ceases, or threatens to cease, to carry on business; or
11.2.5 14.2.5 the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
11.3 14.3 If sub-Clause 13.2 this Condition applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, 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.
Appears in 1 contract
Sources: Standard Terms and Conditions for Goods and Services
Customer's Default. 11.1 12.1 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:: -
11.1.1 12.1.1 cancel the or order or suspend any further deliveries or provision of Goods and Services to the Customer;.
11.1.2 12.1.2 appropriate any payment made by the Customer to for such of the Goods and/or and Services (or the goods and/or services good supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer); and
11.1.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the late commercial debt rate above Bank of England base rate, plus reasonable late debt recovery fee’s, until payment in full is made.
11.2 This condition applies if:: -
11.2.1 12.1.3 the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;; or
11.2.2 12.1.4 the Customer becomes subject to an administration order or enters into a makes any voluntary arrangement under Parts I or VIII with its creditor (within the meaning of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;; or
11.2.3 12.1.5 an encumbrancer takes possession, or a receiver is I appointed, of any of the property or assets of the Customer;; or
11.2.4 12.1.6 the Customer ceases, or threatens to cease, to carry on business; or
11.2.5 12.1.7 the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
11.3 12.2 If sub-Clause 13.2 the above condition applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement Agreement or arrangement to the contrary.
Appears in 1 contract
Sources: Terms and Conditions
Customer's Default. 11.1 12.1 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:to:‐
11.1.1 12.1.1 cancel the order or suspend any further deliveries or provision of Goods and Services to the Customer;
11.1.2 12.1.2 appropriate any payment made by the Customer to for such of the Goods and/or and Services (or the goods and/or services supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer); and
11.1.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the late commercial debt rate above Bank of England base rate, plus reasonable late debt recovery fee’s, until payment in full is made.
11.2 . This condition applies if:if:‐
11.2.1 12.1.3 the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;; or
11.2.2 12.1.4 the Customer becomes subject to an administration order or enters into a makes any voluntary arrangement under Parts I or VIII with its creditors (within the meaning of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;; or
11.2.3 12.1.5 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;; or
11.2.4 12.1.6 the Customer ceases, or threatens to cease, to carry on business; or
11.2.5 12.1.7 the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
11.3 12.2 If sub-Clause 13.2 the above condition applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement Agreement or arrangement to the contrary.
Appears in 1 contract
Sources: Standard Terms and Conditions for Supply of Goods and Services
Customer's Default. 11.1 13.1 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the SupplierOmnisity, the Supplier Omnisity shall be entitled to:to:-
11.1.1 13.1.1 cancel the order or suspend any further deliveries or provision of Goods and and/or Services to the Customer;
11.1.2 13.1.2 appropriate any payment made by the Customer to such of the Goods and/or Services (or the goods and/or services supplied under any other contract between the Customer and the SupplierOmnisity) as the Supplier Omnisity may think fit (notwithstanding any purported appropriation by the Customer); and
11.1.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the late commercial debt rate above Bank of England base rate, plus reasonable late debt recovery fee’s, until payment in full is made.
11.2 13.2 This condition applies if:if:-
11.2.1 13.2.1 the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;; or
11.2.2 13.2.2 the Customer becomes subject to an administration order or enters into a makes any voluntary arrangement under Parts I or VIII with its creditors (within the meaning of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;; or
11.2.3 13.2.3 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;; or
11.2.4 13.2.4 the Customer ceases, or threatens to cease, to carry on business; or
11.2.5 the Supplier 13.2.5 Omnisity reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
11.3 13.3 If sub-Clause Condition 13.2 applies then, without prejudice to any other right or remedy available to the SupplierOmnisity, the Supplier Omnisity shall be entitled to cancel the Contract or suspend any further deliveries of Goods and/or Services under the Contract without any liability to the Customer, and if the Goods and/or Services have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Appears in 1 contract
Sources: Supply Agreement
Customer's Default. 11.1 13.1 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:
11.1.1 13.1.1 cancel the order or suspend any further deliveries or provision of Goods and Services to the Customer;
11.1.2 13.1.2 appropriate any payment made by the Customer to such of the Goods and/or Services (or the goods and/or services supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer); and
11.1.3 13.1.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the late commercial debt rate of 12% per annum above Bank of England Barclays PLC base rate, plus reasonable late debt recovery fee’srate from time to time, until payment in full is mademade (a part of a month being treated as a full month for the purpose of calculating interest).
11.2 13.2 This condition applies if:
11.2.1 13.2.1 the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;
11.2.2 13.2.2 the Customer becomes subject to an administration order or enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986 ▇▇▇ ▇▇▇▇ or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;
11.2.3 13.2.3 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;
11.2.4 13.2.4 the Customer ceases, or threatens to cease, to carry on business; or
11.2.5 13.2.5 the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
11.3 13.3 If sub-Clause 13.2 applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, 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.
Appears in 1 contract
Sources: Supply Agreement
Customer's Default. 11.1 13.1 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the SupplierJust Digital, the Supplier Just Digital shall be entitled to:
11.1.1 13.1.1 cancel the order or suspend any further deliveries or provision of Goods and Services to the Customer;
11.1.2 13.1.2 appropriate any payment made by the Customer to such of the Goods and/or Services (or the goods and/or services supplied under any other contract between the Customer and the SupplierJust Digital) as the Supplier Just Digital may think fit (notwithstanding any purported appropriation by the Customer); and
11.1.3 13.1.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the late commercial debt rate of 6% per annum above Bank of England base rate, plus reasonable late debt recovery fee’srate from time to time, until payment in full is mademade (a part of a month being treated as a full month for the purpose of calculating interest).
11.2 13.2 This condition applies if:
11.2.1 13.2.1 the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;
11.2.2 13.2.2 the Customer becomes subject to an administration order or enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;
11.2.3 13.2.3 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;
11.2.4 13.2.4 the Customer ceases, or threatens to cease, to carry on business; or
11.2.5 the Supplier 13.2.5 Just Digital reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
11.3 13.3 If sub-Clause 13.2 applies then, without prejudice to any other right or remedy available to the SupplierJust Digital, the Supplier Just Digital shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price Contract Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Appears in 1 contract
Sources: Standard Terms and Conditions
Customer's Default. 11.1 13.1 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:
11.1.1 13.1.1 cancel the order or suspend any further deliveries or provision of Goods and Services to the CustomerCustomer ;
11.1.2 13.1.2 appropriate any payment made by the Customer to such of the Goods and/or Services (or the goods and/or services supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer); and
11.1.3 13.1.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the late commercial debt rate of 8.5% per annum above the Bank of England base rate, plus reasonable late debt recovery fee’srate from time to time, until payment in full is mademade (a part of a month being treated as a full month for the purpose of calculating interest).
11.2 13.2 This condition applies if:
11.2.1 13.2.1 the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;
11.2.2 13.2.2 the Customer becomes subject to an administration order or enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes become s bankrupt or (being a company) goes into liquidation;
11.2.3 13.2.3 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the CustomerCustomer or Rese llers;
11.2.4 13.2.4 the Customer ceases, or threatens to cease, to carry on business; or
11.2.5 13.2.5 the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer Custome r and notifies the Customer accordingly.
11.3 13.3 If sub-Clause 13.2 applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the CustomerCustomer , 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.
Appears in 1 contract
Sources: Terms and Conditions