Common use of Invoicing Payment Clause in Contracts

Invoicing Payment. If Seller’s invoice price does not match the Purchase Order price, Company shall pay Seller the lesser amount. Any applicable New Mexico gross receipts tax or other sales tax shall be listed as a separate line item on Seller’s invoice. In the event Seller fails to itemize or bill applicable gross receipts or sales taxes at the time of invoice to Company, Seller shall not thereafter seek reimbursement from Company for any such taxes or penalties or interest thereon. If Seller desires reimbursement from Company for any other tax or governmental charge payable by Seller because of the manufacture, sale or delivery of the goods but such tax or charge is not incorporated into the price of the goods quoted by Seller, then Company shall have no obligation to reimburse Seller for such tax or charge unless it is listed as a separate line item on Seller’s quote to Company for the goods under this Purchase Order. Seller shall be solely responsible for any taxes based upon Seller’s net income. Seller shall be liable for and shall indemnify, defend, and save Company harmless from any interest accrued and penalties imposed due to Seller’s failure to make proper payment of any tax to the appropriate taxing authority. Unless otherwise agreed by the Company and Seller, or unless otherwise required under NMSA 57-28-1, et seq. (The Prompt Payment Act), terms are net 30 days from date of receipt of Seller’s invoice. If any payment is subject to the Prompt Payment Act, (1) Company shall make payment to Seller within twenty-one (21) days after receipt of an undisputed request for payment, and (2) Seller shall make prompt payment to its subcontractors and suppliers for amounts owed for work performed related to this Purchase Order within seven (7) days after receipt of payment from Company. Company shall not be liable for any shipping, handling, fuel surcharge or similar fees, unless expressly provided in the Purchase Order. If Company agrees to freight charges, it shall only pay actual freight charges incurred.

Invoicing Payment. If Seller’s invoice price does not match In consideration of the Purchase Order priceFAS, Company Customer shall pay Seller RSA the Service Fee together with any other fees and expenses as set forth in the Quote. Customer shall reimburse RSA for travel and other usual and customary expenses incurred by RSA’s personnel in connection any on-site visits requested by the Customer. All Incident counts and payments are made on a FAS Year basis. The Service Fee is invoiced in advance of the FAS Year. If Service Fee is to be invoiced on a monthly basis, the monthly service fees are determined based on the total Incident allocation for the FAS Year. Therefore, where Customer has exhausted its Incident allocation before the expiration of the then current FAS Year, the stated monthly Service Fees due for the remainder of that FAS Year shall be immediately accelerated and become due and payable upon invoice by RSA. All Incidents allocated to a FAS Year must be used within that FAS Year; all unused Incidents shall expire without notice from RSA. Expired or unused Incidents shall not be carried forward to any subsequent FAS Year. If Customer exhausts the Incident allocation before the end of the FAS Year, RSA will suspend performance of the FAS until such time when Customer purchases additional Incidents pursuant to an additional RSA Quotation (provided however RSA may in its sole discretion continue performance of the FAS subject to Customer’s continuing obligation to reimburse RSA a pro-rata Service Fee for each Incident that is over the Incident allocation). RSA shall submit invoices for fees and reimbursable costs and expenses and Customer shall pay each invoice in the manner specified herein. Customer will also pay all related taxes and withholdings, except for those based on RSA’s net income. If Customer is required to withhold taxes, then Customer will forward any withholding receipts to RSA. Subject to RSA’s credit approval, all amounts are due in the currency stated on the invoice and in full 30 days after the date of RSA's invoice, with interest accruing thereafter at the lesser amount. Any applicable New Mexico gross receipts tax of 1.5% per month or other sales tax shall be listed as a separate line item on Seller’s invoicethe highest lawful rate. In the event Seller fails to itemize or bill applicable gross receipts or sales taxes at the time of invoice to CompanyQuote reflects an unlimited Incident count during the FAS Year, Seller shall not thereafter seek reimbursement from Company for any such taxes or penalties or interest thereon. If Seller desires reimbursement from Company for any other tax or governmental charge payable by Seller because of Customer acknowledges that the manufacture, sale or delivery of the goods but such tax or charge is not incorporated into the price of the goods quoted by Seller, then Company shall have no obligation to reimburse Seller for such tax or charge unless it is listed as a separate line item on Seller’s quote to Company for the goods under this Purchase Order. Seller shall be solely responsible for any taxes based upon Seller’s net income. Seller shall be liable for and shall indemnify, defend, and save Company harmless from any interest accrued and penalties imposed due to Seller’s failure to make proper payment of any tax to the appropriate taxing authority. Unless otherwise agreed by the Company and Seller, or unless otherwise required under NMSA 57-28-1, et seq. (The Prompt Payment Act), terms are net 30 days from date of receipt of Seller’s invoice. If any payment is subject to the Prompt Payment Act, (1) Company shall make payment to Seller within twenty-one (21) days after receipt of an undisputed request for payment, and (2) Seller shall make prompt payment to its subcontractors and suppliers for amounts owed for work performed related to this Purchase Order within seven (7) days after receipt of payment from Company. Company shall Service Set Up Form cannot be liable for any shipping, handling, fuel surcharge or similar fees, unless expressly provided in the Purchase Order. If Company agrees to freight charges, it shall only pay actual freight charges incurredmodified without RSA’s express written agreement.