Common use of Customer's Default Clause in Contracts

Customer's Default. 13.1 If the Customer fails to make any payment due from the Customer to the Supplier on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to: 13.1.1. cancel the order for the Goods and/or Services or suspend any further deliveries or provision of Goods and/or Services to the Customer; 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 13.1.3. charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of 4% per annum above the base rate of Barclays Bank Plc from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). 13.2 Clause 13.1 applies if: 13.2.1. the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; 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; 13.2.3. an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or 13.2.4. the Customer ceases, or threatens to cease, to carry on business; or 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. 13.3 If 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.

Customer's Default. 13.1 14.1 If the Customer fails to make any payment due from by the Customer to the Supplier on the due final date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled toto : 13.1.1. a) cancel the order for the Goods and/or Services or suspend any further deliveries or provision of Goods and/or and Services to the Customer; 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 13.1.3. b) charge the Customer interest from the final date for payment (both before and after any judgementjudgment) on the amount unpaid, at the rate of 46% per annum above the Bank of England base rate of Barclays Bank Plc from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). 13.2 Clause 13.1 applies if14.2 Without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to terminate the Contract or suspend any further deliveries under the Contract without any liability to the Customer where : 13.2.1. the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; 13.2.2. a) 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; 13.2.3. b) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or; 13.2.4. c) the Customer ceases, or threatens to cease, to carry on business; or 13.2.5. d) 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. 13.3 If 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 manufactured but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.