Payment Terms. 8.1 That the Purchaser in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc. 8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count. 8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash. 8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above. 8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser. 8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative. 8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 13 contracts
Sources: Sale Agreement, Sale Agreement, Agreement of Sale
Payment Terms. 8.1 That 1. Seller shall quote the Purchaser best, lowest and competitive Selling Price (inclusive of all applicable taxes and charges) for each Product on the Platform.
2. Letmegrab shall have the right to amend the Letmegrab Fees percentage applicable to any Product as provided in pursuance the Commercial Term Segment, with notice of this agreement has paid the same to Seller by way of an advance amountemail and/or a notification on the Seller Panel detailing such modifications/ amendments/ revisions to the Letmegrab Fees. It shall be the Seller's responsibility to review the emails / notifications by Letmegrab from time to time. Seller's continued use of Seller Panel (including any updated information in Seller Panel, listing of Products, inventory maintenance, etc.) after such modifications/ amendments/ revisions of the Letmegrab Fees shall be deemed as acceptance of such modifications/ amendments/ revisions.
3. Seller may provide a discount / offer on the Products. The Selling Price of the Products offered for sale by the Seller on the Platform shall be in accordance with applicable laws, rules and regulations (i.e. either equal to, or less than, the details maximum retail price of which are given that Product). The maximum retail price, along with other statutory declarations, shall be mentioned on each Product and/or on its packaging in Annexure – Aaccordance with applicable laws.
4. The Selling Price in respect of a Product purchased by a Buyer shall be received in full by Letmegrab either through the online system, i.e., the payment gateway offered by Letmegrab on the Platform, or by way of cash on delivery or it will be received by seller itself in case of “Pay Over Shop”
5. Seller will be responsible for payment of all applicable taxes including GST.
1. ▇▇▇▇▇▇ agrees and acknowledges that Seller will pay Letmegrab, the Letmegrab Marketplace Fees, Courier Fees, Payment Collection Fees, Fulfillment Centre Charges, any other fees, and applicable service taxes on it, as provided in Commercial Term Segment, for all the orders received through Letmegrab.
6. Letmegrab shall release the payment of the Seller Proceeds to the Vendor which Seller within seven days from date of confirmation of delivery of Product to the Buyer, after deducting Letmegrab Fees, the Courier Fees, Payment Collection Fees, Fulfillment Centre Charges and any other applicable Fees and applicable taxes, as per the Commercial Term Segment.
7. For any Letmegrab Fees deducted in accordance with clause 4.6, Letmegrab shall release the TDS amount to the Seller within 30 days after receiving accurate TDS certificate. TDS deposit is hereby admitted explicit responsibility of Seller to government on time as per Income Tax Act.
8. Seller agrees that Letmegrab shall, at all times, have the right and acknowledged option to deduct / adjust any payments due to, or from, Seller in one transaction, against any payments due to, or from, Seller in other or previous transactions.
9. Letmegrab shall release the payment on the following basis, i.e., the products delivered during the period from (1st to 7th), (8th to15th), (16th to 23rd) of every month and from (24th to end of the month). Letmegrab shall make the payment by way of account payee Cheque /RTGS/ NEFT on 8th, 16th, 24th of same month, and 1st of the Vendornext month, respectively after deducting Letmegrab's fee as per Annexure-1. 1st to 7th of same month 8th of same month 8th to 15th of the month 16th of same month 16th to 23rd of the month 24th of same month 24th to end date of the month 1st of the next month 5. TRANSFER OF OWNERSHIP OF PRODUCT, LOGISTICS AND CONSUMER RIGHTS
1. ▇▇▇▇▇▇ agrees that Letmegrab's role is limited to managing the Platform for the display of the Products and other incidental services to facilitate the shopping transactions between Seller and the Buyers. Accordingly, Letmegrab is merely an intermediary and is only a platform/facilitator where the Seller may offer its Products for sale. The installments received will be appropriated first towards the consideration contract for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment any of the installments given herein Products shall be a strictly bipartite contract between Seller and the Buyer. At no time shall Letmegrab have any obligations or liabilities in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt respect of such an intimation and delay contract nor shall Letmegrab hold any rights, title or interest in the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due datesProducts. The Purchaser Letmegrab shall not be entitled to pay responsible for any unsatisfactory or delayed performance or any actions or inactions of the said sale consideration by way Seller including delays as a result of cashthe Products being out of stock.
8.4 2. Seller shall ensure that the ownership in the Products purchased will be transferred to the Buyer after successful delivery of the same at the destination provided by the Buyer, until which the ownership in the Products shall vest with the Seller alone. Seller agrees and acknowledges that as a market place, Letmegrab will extend its value added services as opted for by the Sellers by providing mandates to Letmegrab's enabling partners for handling of logistics thereby facilitating the smooth functioning of the transaction between Seller and the Buyer and the Seller undertakes to furnish the accurate weights of the Products (i.e., actual weight of the Product and accessories if any, alongwith its Packing) to be shipped by the logistic partner. In case the Scheduled Flat is completed before event of any discrepancy in the scheduled date weight of completion / delivery mentioned hereinthe Product provided by the Seller and the weight of the Product provided by the logistic partner at the time of shipment of pick-up of shipment, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding weight provided by the installments and due dates mentioned herein. The Purchaser logistic partner shall be liable considered to pay be final and deviations if any in the balance outstanding within 15 days logistic charges on accounts of receiving an intimation such deviations shall be charged to and recovered from the Vendor as Seller on actual basis. Any damage in transit on account of inadequate/unsuitable packaging will be to completion the account of the Scheduled Flat, notwithstanding the installments and due dates mentioned aboveSeller.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions3. The Purchaser shall endeavour Seller hereby agrees to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for accept all sales return (cash on delivery, Pay Over Shop or non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor cash on delivery), which are refused/not accepted by the Purchaser shall not be linked with housing loan availed / to be availed by Buyer at the Purchasertime of delivery.
8.6 That in 4. Seller will offer standard manufacturer's or seller's warranty actually associated with the event Products. However, the Purchaser is arranging/has arranged finance under housing finance scheme/Seller agrees that repair, replacement or any other scheme for the purchase 100% (one hundred percent) refund of Schedule flat and payment of sale consideration under this Agreement, it shall money will be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder Buyer against any manufacturing defect or damage reported by the Vendor or Buyer. Seller shall be solely responsible to issue a suitable, duly stamped, manufacturer's warranty card to the nominee Buyer with the Product at the time of dispatch of the Vendor Product, if applicable. The Parties also agree and acknowledge that the primary and sole responsibility for redressal of the Buyer's complaints will rest solely with Seller at all times.
5. Letmegrab offers Fulfillment Services to the Sellers who have opted for the same, wherein the Sellers store their Products at Fulfillment Centers of the enabling partners of Letmegrab provide further packing, logistics services to deliver the products ordered by the Customer, provide Customer service and handle returns thereof. The Sellers who are interested in availing Letmegrab's Fulfillment services shall have to register themselves as detailed in Annexure 3 to this Agreement.
6. The Seller undertakes to bear all logistics cost with respect to return/reverse orders and also acknowledges that Reverse Logistics Cost as stated in Commercial terms.
7. Seller undertakes to accept all the return shipments irrespective of condition of the shipment and any dispute with respect to the condition of the shipment shall be settled only after acceptance of the shipment by Seller. If the shipment is not accepted by Seller, no dispute related to returns shall be entertained by Letmegrab.
8. Seller undertakes to provide its signature along with its stamp with Seller's name /contact number on all return shipments POD Slip. In absence of such evidence on return shipments, no return shipment query will be entertained.
9. Seller undertakes to put return shipment queries with merchant helpdesk either by email or in writing or through Seller Panel within 48 hours of receiving of shipments failing which such queries of Seller shall not be considered by Letmegrab. In case of receipt of damaged product, Seller undertakes to send 360 deg photos within 72 hours of receiving such product, no claims shall be a waiver entertained against queries made after 48 hour.
10. The clauses hereinafter shall be applicable on in case of non-LMD merchants
1. Seller shall mark Orders as shipped only with track-able waybill numbers on courier website. In case any term provided waybill is not traceable on courier site or condition invalid courier name beyond 48 hrs of this agreement nor marking orders as shipped, orders will be refunded to Customer on behalf of the Seller and the Seller shall it give be notified accordingly. The Seller shall instruct its courier to return the shipment back to origin. No return related query shall be entertained by Letmegrab.
2. Seller shall deliver the orders in accordance with the time-line mentioned in clause 5 of Commercials Term Segment. Seller confirms and acknowledges that Letmegrab reserves its right to refund any rights order with prior information to the Purchaser other than Seller in case of Shipment SLA breach and the time so grantedSeller shall direct the Courier Partner to return the shipment. Such granting In case, the Product is delivered to Customer, the loss of product value shall be to Seller's account.
3. In case the buyer cancels his/her order for any reason whatsoever before the delivery of such order, Letmegrab will inform Seller to stop the delivery of the time etc., shall not prejudice the rights said order and Seller undertakes to arrange return/reverse shipment of the Vendor said order. Seller undertakes to promptly inform Letmegrab about such return/reverse initiation of shipment and Letmegrab confirms that Letmegrab shall refund such orders on behalf of the Seller to Buyer on receipt of return/reverse confirmation from Seller. Seller acknowledges that if Seller delivers such order to the Buyer despite Letmegrab informing about return/reverse initiation, Seller shall bear the cost of such order and the loss of product value shall be deducted from Seller's account by Letmegrab.
4. Seller shall furnish to Letmegrab Proof of Delivery ("POD") /Dispatch of order within 72 hours of such request by Letmegrab. On failure of Seller to provide the same within 72 hours, Letmegrab shall refund the order value to the Buyer on behalf of the Seller and Seller acknowledges that Seller shall bear the loss of such order value. Letmegrab can request for POD from Sellers maximum after 20 days post delivery.
5. In case of delivery of order by in any manner whatsoever.person, it is mandatory for the Seller to ask DTP (Delivery Transaction Password) and inset into Seller Panel/Seller Application before handling the order over recipient. In absence of DTP, no return related query will be entertained by Letmegrab
Appears in 9 contracts
Sources: Marketing and Distribution Agreement, Marketing and Distribution Agreement, Marketing and Distribution Agreement
Payment Terms. 8.1 That Dealer will immediately pay DFS the Purchaser principal indebtedness owed DFS on each item of Collateral financed by DFS (as shown on the Statement of Transaction identifying such Collateral) on the earliest occurrence of any of the following events: (a) when such Collateral is lost, stolen or damaged; (b) for Collateral financed under Pay-As-Sold ("PAS") terms (as shown on the Statement of Transaction identifying such Collateral), when such Collateral is sold, transferred, rented, leased, otherwise disposed of or matured; (c) in pursuance strict accordance with any curtailment schedule for such Collateral (as shown on the Statement of this agreement has paid an advance amountTransaction identifying such Collateral); (d) for Collateral financed under Scheduled Payment Program ("SPP") terms (as shown on the Statement of Transaction identifying such Collateral), in strict accordance with the details installment payment schedule; and (e) when otherwise required under the terms of which are given any financing program agreed to in Annexure – A, to the Vendor which is hereby admitted and acknowledged writing by the Vendorparties. The installments received will be appropriated first towards the consideration for sale Regardless of the Scheduled Flat and thereafter towards other charges like taxesSPP terms pertaining to any Collateral financed by DFS, registration charges, interest, etc.
8.2 That if DFS determines that the Purchaser in pursuance of this agreement shall pay current outstanding debt which Dealer owes to DFS exceeds the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt aggregate wholesale invoice price of such an intimation and delay Collateral in Dealer's possession, Dealer will immediately upon demand pay DFS the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same difference between such outstanding debt and the Purchaser shall pay aggregate wholesale invoice price of such installments on Collateral. If Dealer from time to time is required to make immediate payment to DFS of any past due obligation discovered during any Collateral review, or before the due dates. The Purchaser at any other time, Dealer agrees that acceptance of such payment by DFS shall not be entitled construed to pay have waived or amended the said sale consideration by way terms of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned hereinits financing program. The Purchaser shall proceeds of any Collateral received by Dealer will be liable held by Dealer in trust for DFS' benefit, for application as provided in this Agreement. Dealer will send all payments to DFS' branch office(s) responsible for Dealer's account. DFS may apply: (i) payments to reduce finance charges first and then principal, regardless of Dealer's instructions; and (ii) principal payments to the oldest (earliest) invoice for Collateral financed by DFS, but, in any event, all principal payments will first be applied to such Collateral which is sold, lost, stolen, damaged, rented, leased, or otherwise disposed of or unaccounted for. Any third party discount, rebate, bonus or credit granted to Dealer for any Collateral will not reduce the debt Dealer owes DFS until DFS has received payment therefor in cash. Dealer will: (1) pay the balance outstanding within 15 days of receiving an intimation from the Vendor as DFS even if any Collateral is defective or fails to completion conform to any warranties extended by any third party; (2) not assert against DFS any claim or defense Dealer has against any third party; and (3) indemnify and hold DFS harmless against all claims and defenses asserted by any buyer of the Scheduled FlatCollateral relating to the condition of, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction or any representations regarding, any of the loan to the Purchaser for whatsoever reasonCollateral. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the Dealer waives all rights of the Vendor in any manner whatsoeveroffset and counterclaims Dealer may have against DFS.
Appears in 8 contracts
Sources: Wholesale Financing Agreement (Condor Technology Solutions Inc), Wholesale Financing Agreement (Eplus Inc), Wholesale Financing Agreement (Eplus Inc)
Payment Terms. 8.1 That the Purchaser in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat Villa and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat Villa is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled FlatVilla, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour endeavor to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat villa and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 5 contracts
Sources: Agreement of Sale, Sale Agreement, Sale Agreement
Payment Terms. 8.1 That 1. Seller shall quote the Purchaser best, lowest and competitive Selling Price (inclusive of all applicable taxes and charges) for each Product on thePlatform.
2. Letmegrab shall have the right to amend the Letmegrab Fees percentage applicable to any Product as provided in pursuance the Commercial Term Segment, with noticeof the same to Seller by way of this agreement has paid an advance amountemail and/or a notification on the Seller Panel detailing such modifications/ amendments/ revisions to theLetmegrab Fees. It shall be the Seller's responsibility to review the emails / notifications by Letmegrab from time to time. Seller's continued use ofSeller Panel (including any updated information in Seller Panel, listing of Products, inventory maintenance, etc.) after such modifications/amendments/ revisions of the Letmegrab Fees shall be deemed as acceptance of such modifications/ amendments/ revisions.
3. Seller may provide a discount / offer on the Products. The Selling Price of the Products offered for sale by the Seller on the Platform shallbe in accordance with applicable laws, rules and regulations (i.e. either equal to, or less than, the details maximum retail price of which are given that Product).The maximum retail price, along with other statutory declarations, shall be mentioned on each Product and/or on its packaging in Annexure – Aaccordancewith applicable laws.
4. The Selling Price in respect of a Product purchased by a Buyer shall be received in full by Letmegrab either through the online system, i.e., thepayment gateway offered by Letmegrab on the Platform, or by way of cash on delivery or it will be received by seller itself in case of “Pay Over Shop”
5. Seller will be responsible for payment of all applicable taxes including GST.
1. ▇▇▇▇▇▇ agrees and acknowledges that Seller will pay Letmegrab, the Letmegrab Marketplace Fees, Courier Fees, Payment Collection Fees, Fulfillment CentreCharges, any other fees, and applicable service taxes on it, as provided in Commercial Term Segment, for all the orders received through Letmegrab.
6. Letmegrab shall release the payment of the Seller Proceeds to the Vendor which Seller within seven days from date of confirmation of delivery of Product to theBuyer, after deducting Letmegrab Fees, the Courier Fees, Payment Collection Fees, Fulfillment Centre Charges and any other applicable Fees andapplicable taxes, as per the Commercial Term Segment.
7. For any Letmegrab Fees deducted in accordance with clause 4.6, Letmegrab shall release the TDS amount to the Seller within 30 days after receivingaccurate TDS certificate. TDS deposit is hereby admitted explicit responsibility of Seller to government on time as per Income Tax Act.
8. Seller agrees that Letmegrab shall, at all times, have the right and acknowledged option to deduct / adjust any payments due to, or from, Seller in onetransaction, against any payments due to, or from, Seller in other or previous transactions.
9. Letmegrab shall release the payment on the following basis, i.e., the products delivered during the period from (1st to 7th), (8th to15th), (16th to 23rd) of every month and from (24th to end of the month). Letmegrab shall make the payment by way of account payee Cheque /RTGS/ NEFT on 8th, 16th, 24th of same month, and 1st of the Vendornext month, respectively after deducting Letmegrab's fee as per Annexure-1. 1st to 7th of same month 8th of same month 8th to 15th of the month 16th of same month 16th to 23rd of the month 24th of same month 24th to end date of the month 1st of the next month 5. TRANSFER OF OWNERSHIP OF PRODUCT, LOGISTICS AND CONSUMER RIGHTS
1. ▇▇▇▇▇▇ agrees that Letmegrab's role is limited to managing the Platform for the display of the Products and other incidental services tofacilitate the shopping transactions between Seller and the Buyers. Accordingly, Letmegrab is merely an intermediary and is only aplatform/facilitator where the Seller may offer its Products for sale. The installments received will be appropriated first towards the consideration contract for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment any of the installments given herein Products shall be a strictlybipartite contract between Seller and the Buyer. At no time shall Letmegrab have any obligations or liabilities in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt respect of such an intimation and delay contract norshall Letmegrab hold any rights, title or interest in the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due datesProducts. The Purchaser Letmegrab shall not be entitled to pay responsible for any unsatisfactory or delayedperformance or any actions or inactions of the said sale consideration by way Seller including delays as a result of cashthe Products being out of stock.
8.4 2. Seller shall ensure that the ownership in the Products purchased will be transferred to the Buyer after successful delivery of the same atthe destination provided by the Buyer, until which the ownership in the Products shall vest with the Seller alone. Seller agrees andacknowledges that as a market place, Letmegrab will extend its value added services as opted for by the Sellers by providing mandates toLetmegrab's enabling partners for handling of logistics thereby facilitating the smooth functioning of the transaction between Seller and theBuyer and the Seller undertakes to furnish the accurate weights of the Products (i.e., actual weight of the Product and accessories if any,alongwith its Packing) to be shipped by the logistic partner. In case the Scheduled Flat is completed before event of any discrepancy in the scheduled date weight of completion / delivery mentioned hereinthe Product provided by theSeller and the weight of the Product provided by the logistic partner at the time of shipment of pick-up of shipment, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding weight providedby the installments and due dates mentioned herein. The Purchaser logistic partner shall be liable considered to pay be final and deviations if any in the balance outstanding within 15 days logistic charges on accounts of receiving an intimation such deviations shallbe charged to and recovered from the Vendor as to completion Seller on actual basis. Any damage in transit on account of inadequate/unsuitable packaging will be tothe account of the Scheduled Flat, notwithstanding the installments and due dates mentioned aboveSeller.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions3. The Purchaser shall endeavour Seller hereby agrees to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for accept all sales return (cash on delivery, Pay Over Shop or non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor cash on delivery), which are refused/not accepted by the Purchaser shall not be linked with housing loan availed / to be availed by the PurchaserBuyer atthe time of delivery.
8.6 That in 4. Seller will offer standard manufacturer's or seller's warranty actually associated with the event Products. However, the Purchaser is arranging/has arranged finance under housing finance scheme/Seller agrees thatrepair, replacement or any other scheme for the purchase 100% (one hundred percent) refund of Schedule flat and payment of sale consideration under this Agreement, it shall money will be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder Buyer against any manufacturing defect or damagereported by the Vendor or Buyer. Seller shall be solely responsible to issue a suitable, duly stamped, manufacturer's warranty card to the nominee Buyer withthe Product at the time of dispatch of the Vendor Product, if applicable. The Parties also agree and acknowledge that the primary and soleresponsibility for redressal of the Buyer's complaints will rest solely with Seller at all times.
5. Letmegrab offers Fulfillment Services to the Sellers who have opted for the same, wherein the Sellers store their Products at FulfillmentCenters of the enabling partners of Letmegrab provide further packing, logistics services to deliver the products ordered by the Customer,provide Customer service and handle returns thereof. The Sellers who are interested in availing Letmegrab's Fulfillment services shall have toregister themselves as detailed in Annexure 3 to this Agreement.
6. The Seller undertakes to bear all logistics cost with respect to return/reverse orders and also acknowledges that Reverse Logistics Cost asstated in Commercial terms.
7. Seller undertakes to accept all the return shipments irrespective of condition of the shipment and any dispute with respect to thecondition of the shipment shall be settled only after acceptance of the shipment by Seller. If the shipment is not accepted by Seller, nodispute related to returns shall be entertained by Letmegrab.
8. Seller undertakes to provide its signature along with its stamp with Seller's name /contact number on all return shipments POD Slip. Inabsence of such evidence on return shipments, no return shipment query will be entertained.
9. Seller undertakes to put return shipment queries with merchant helpdesk either by email or in writing or through Seller Panel within 48hours of receiving of shipments failing which such queries of Seller shall not be considered by Letmegrab. In case of receipt of damagedproduct, Seller undertakes to send 360 deg photos within 72 hours of receiving such product, no claims shall be a waiver entertained against queriesmade after 48 hour.
10. The clauses hereinafter shall be applicable on in case of non-LMD merchants
1. Seller shall mark Orders as shipped only with track-able waybill numbers on courier website. In case any term provided waybill is not traceable oncourier site or condition invalid courier name beyond 48 hrs of this agreement nor marking orders as shipped, orders will be refunded to Customer on behalf of the Sellerand the Seller shall it give be notified accordingly. The Seller shall instruct its courier to return the shipment back to origin. No return relatedquery shall be entertained by Letmegrab.
2. Seller shall deliver the orders in accordance with the time-line mentioned in clause 5 of Commercials Term Segment. Seller confirms andacknowledges that Letmegrab reserves its right to refund any rights order with prior information to the Purchaser other than Seller in case of Shipment SLA breach and theSeller shall direct the time so grantedCourier Partner to return the shipment. Such granting In case, the Product is delivered to Customer, the loss of product value shallbe to Seller's account.
3. In case the buyer cancels his/her order for any reason whatsoever before the delivery of such order, Letmegrab will inform Seller to stop thedelivery of the time etc., shall not prejudice the rights said order and Seller undertakes to arrange return/reverse shipment of the Vendor said order. Seller undertakes to promptly informLetmegrab about such return/reverse initiation of shipment and Letmegrab confirms that Letmegrab shall refund such orders on behalf of the Seller to Buyeron receipt of return/reverse confirmation from Seller. Seller acknowledges that if Seller delivers such order to the Buyer despite Letmegrabinforming about return/reverse initiation, Seller shall bear the cost of such order and the loss of product value shall be deducted fromSeller's account by Letmegrab.
4. Seller shall furnish to Letmegrab Proof of Delivery ("POD") /Dispatch of order within 72 hours of such request by Letmegrab. On failure of Seller toprovide the same within 72 hours, Letmegrab shall refund the order value to the Buyer on behalf of the Seller and Seller acknowledges that Sellershall bear the loss of such order value. Letmegrab can request for POD from Sellers maximum after 20 days post delivery.
5. In case of delivery of order by in any manner whatsoeverperson, it is mandatory for the Seller to ask DTP (Delivery Transaction Password) and inset into Seller Panel/Seller Application before handling the order over ▇▇▇▇▇▇▇▇▇.▇▇ absence of DTP, no return related query will be entertained by Letmegrab
Appears in 4 contracts
Sources: Marketing and Distribution Agreement, Marketing and Distribution Agreement, Marketing and Distribution Agreement
Payment Terms. 8.1 That 1. Seller shall quote the Purchaser best, lowest and competitive Selling Price (inclusive of all applicable taxes and charges) for each Product on the Platform.
2. Letmegrab shall have the right to amend the Letmegrab Fees percentage applicable to any Product as provided in pursuance the Commercial Term Segment, with notice of this agreement has paid the same to Seller by way of an advance amountemail and/or a notification on the Seller Panel detailing such modifications/ amendments/ revisions to the Letmegrab Fees. It shall be the Seller's responsibility to review the emails / notifications by Letmegrab from time to time. Seller's continued use of Seller Panel (including any updated information in Seller Panel, listing of Products, inventory maintenance, etc.) after such modifications/ amendments/ revisions of the Letmegrab Fees shall be deemed as acceptance of such modifications/ amendments/ revisions.
3. Seller may provide a discount / offer on the Products. The Selling Price of the Products offered for sale by the Seller on the Platform shall be in accordance with applicable laws, rules and regulations (i.e. either equal to, or less than, the details maximum retail price of which are given that Product). The maximum retail price, along with other statutory declarations, shall be mentioned on each Product and/or on its packaging in Annexure – Aaccordance with applicable laws.
4. The Selling Price in respect of a Product purchased by a Buyer shall be received in full by Letmegrab either through the online system, i.e., the payment gateway offered by Letmegrab on the Platform, or by way of cash on delivery or it will be received by seller itself in case of “Pay Over Shop”
5. Seller will be responsible for payment of all applicable taxes including GST.
1. ▇▇▇▇▇▇ agrees and acknowledges that Seller will pay Letmegrab, the Letmegrab Marketplace Fees, Courier Fees, Payment Collection Fees, Fulfillment Centre Charges, any other fees, and applicable service taxes on it, as provided in Commercial Term Segment, for all the orders received through Letmegrab.
6. Letmegrab shall release the payment of the Seller Proceeds to the Vendor which Seller within seven days from date of confirmation of delivery of Product to the Buyer, after deducting Letmegrab Fees, the Courier Fees, Payment Collection Fees, Fulfillment Centre Charges and any other applicable Fees and applicable taxes, as per the Commercial Term Segment.
7. For any Letmegrab Fees deducted in accordance with clause 4.6, Letmegrab shall release the TDS amount to the Seller within 30 days after receiving accurate TDS certificate. TDS deposit is hereby admitted explicit responsibility of Seller to government on time as per Income Tax Act.
8. Seller agrees that Letmegrab shall, at all times, have the right and acknowledged option to deduct / adjust any payments due to, or from, Seller in one transaction, against any payments due to, or from, Seller in other or previous transactions.
9. Letmegrab shall release the payment on the following basis, i.e., the products delivered during the period from (1st to 7th), (8th to15th), (16th to 23rd) of every month and from (24th to end of the month). Letmegrab shall make the payment by way of account payee Cheque /RTGS/ NEFT on 8th, 16th, 24th of same month, and 1st of the Vendornext month, respectively after deducting Letmegrab's fee as per Annexure-1. 1st to 7th of same month 8th of same month 8th to 15th of the month 16th of same month 16th to 23rd of the month 24th of same month 24th to end date of the month 1st of the next month 5. TRANSFER OF OWNERSHIP OF PRODUCT, LOGISTICS AND CONSUMER RIGHTS
1. ▇▇▇▇▇▇ agrees that ▇▇▇▇▇▇▇▇▇'s role is limited to managing the Platform for the display of the Products and other incidental services to facilitate the shopping transactions between Seller and the Buyers. Accordingly, Letmegrab is merely an intermediary and is only a platform/facilitator where the Seller may offer its Products for sale. The installments received will be appropriated first towards the consideration contract for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment any of the installments given herein Products shall be a strictly bipartite contract between Seller and the Buyer. At no time shall Letmegrab have any obligations or liabilities in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt respect of such an intimation and delay contract nor shall Letmegrab hold any rights, title or interest in the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due datesProducts. The Purchaser Letmegrab shall not be entitled to pay responsible for any unsatisfactory or delayed performance or any actions or inactions of the said sale consideration by way Seller including delays as a result of cashthe Products being out of stock.
8.4 2. Seller shall ensure that the ownership in the Products purchased will be transferred to the Buyer after successful delivery of the same at the destination provided by the Buyer, until which the ownership in the Products shall vest with the Seller alone. Seller agrees and acknowledges that as a market place, Letmegrab will extend its value added services as opted for by the Sellers by providing mandates to Letmegrab's enabling partners for handling of logistics thereby facilitating the smooth functioning of the transaction between Seller and the Buyer and the Seller undertakes to furnish the accurate weights of the Products (i.e., actual weight of the Product and accessories if any, alongwith its Packing) to be shipped by the logistic partner. In case the Scheduled Flat is completed before event of any discrepancy in the scheduled date weight of completion / delivery mentioned hereinthe Product provided by the Seller and the weight of the Product provided by the logistic partner at the time of shipment of pick-up of shipment, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding weight provided by the installments and due dates mentioned herein. The Purchaser logistic partner shall be liable considered to pay be final and deviations if any in the balance outstanding within 15 days logistic charges on accounts of receiving an intimation such deviations shall be charged to and recovered from the Vendor as Seller on actual basis. Any damage in transit on account of inadequate/unsuitable packaging will be to completion the account of the Scheduled Flat, notwithstanding the installments and due dates mentioned aboveSeller.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions3. The Purchaser shall endeavour Seller hereby agrees to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for accept all sales return (cash on delivery, Pay Over Shop or non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor cash on delivery), which are refused/not accepted by the Purchaser shall not be linked with housing loan availed / to be availed by Buyer at the Purchasertime of delivery.
8.6 That in 4. Seller will offer standard manufacturer's or seller's warranty actually associated with the event Products. However, the Purchaser is arranging/has arranged finance under housing finance scheme/Seller agrees that repair, replacement or any other scheme for the purchase 100% (one hundred percent) refund of Schedule flat and payment of sale consideration under this Agreement, it shall money will be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder Buyer against any manufacturing defect or damage reported by the Vendor or Buyer. Seller shall be solely responsible to issue a suitable, duly stamped, manufacturer's warranty card to the nominee Buyer with the Product at the time of dispatch of the Vendor Product, if applicable. The Parties also agree and acknowledge that the primary and sole responsibility for redressal of the Buyer's complaints will rest solely with Seller at all times.
5. Letmegrab offers Fulfillment Services to the Sellers who have opted for the same, wherein the Sellers store their Products at Fulfillment Centers of the enabling partners of Letmegrab provide further packing, logistics services to deliver the products ordered by the Customer, provide Customer service and handle returns thereof. The Sellers who are interested in availing Letmegrab's Fulfillment services shall have to register themselves as detailed in Annexure 3 to this Agreement.
6. The Seller undertakes to bear all logistics cost with respect to return/reverse orders and also acknowledges that Reverse Logistics Cost as stated in Commercial terms.
7. Seller undertakes to accept all the return shipments irrespective of condition of the shipment and any dispute with respect to the condition of the shipment shall be settled only after acceptance of the shipment by Seller. If the shipment is not accepted by Seller, no dispute related to returns shall be entertained by Letmegrab.
8. Seller undertakes to provide its signature along with its stamp with Seller's name /contact number on all return shipments POD Slip. In absence of such evidence on return shipments, no return shipment query will be entertained.
9. Seller undertakes to put return shipment queries with merchant helpdesk either by email or in writing or through Seller Panel within 48 hours of receiving of shipments failing which such queries of Seller shall not be considered by Letmegrab. In case of receipt of damaged product, Seller undertakes to send 360 deg photos within 72 hours of receiving such product, no claims shall be a waiver entertained against queries made after 48 hour.
10. The clauses hereinafter shall be applicable on in case of non-LMD merchants
1. Seller shall mark Orders as shipped only with track-able waybill numbers on courier website. In case any term provided waybill is not traceable on courier site or condition invalid courier name beyond 48 hrs of this agreement nor marking orders as shipped, orders will be refunded to Customer on behalf of the Seller and the Seller shall it give be notified accordingly. The Seller shall instruct its courier to return the shipment back to origin. No return related query shall be entertained by Letmegrab.
2. Seller shall deliver the orders in accordance with the time-line mentioned in clause 5 of Commercials Term Segment. Seller confirms and acknowledges that Letmegrab reserves its right to refund any rights order with prior information to the Purchaser other than Seller in case of Shipment SLA breach and the time so grantedSeller shall direct the Courier Partner to return the shipment. Such granting In case, the Product is delivered to Customer, the loss of product value shall be to Seller's account.
3. In case the buyer cancels his/her order for any reason whatsoever before the delivery of such order, Letmegrab will inform Seller to stop the delivery of the time etc., shall not prejudice the rights said order and Seller undertakes to arrange return/reverse shipment of the Vendor said order. Seller undertakes to promptly inform ▇▇▇▇▇▇▇▇▇ about such return/reverse initiation of shipment and Letmegrab confirms that Letmegrab shall refund such orders on behalf of the Seller to Buyer on receipt of return/reverse confirmation from Seller. Seller acknowledges that if Seller delivers such order to the Buyer despite Letmegrab informing about return/reverse initiation, Seller shall bear the cost of such order and the loss of product value shall be deducted from Seller's account by Letmegrab.
4. Seller shall furnish to Letmegrab Proof of Delivery ("POD") /Dispatch of order within 72 hours of such request by Letmegrab. On failure of Seller to provide the same within 72 hours, Letmegrab shall refund the order value to the Buyer on behalf of the Seller and Seller acknowledges that Seller shall bear the loss of such order value. Letmegrab can request for POD from Sellers maximum after 20 days post delivery.
5. In case of delivery of order by in any manner whatsoever.person, it is mandatory for the Seller to ask DTP (Delivery Transaction Password) and inset into Seller Panel/Seller Application before handling the order over recipient. In absence of DTP, no return related query will be entertained by Letmegrab
Appears in 4 contracts
Sources: Marketing and Distribution Agreement, Marketing and Distribution Agreement, Marketing and Distribution Agreement
Payment Terms. 8.1 That 1. Seller shall quote the Purchaser best, lowest and competitive Selling Price (inclusive of all applicable taxes and charges) for each Product on the Platform.
2. Letmegrab shall have the right to amend the Letmegrab Fees percentage applicable to any Product as provided in pursuance the Commercial Term Segment, with notice of this agreement has paid the same to Seller by way of an advance amountemail and/or a notification on the Seller Panel detailing such modifications/ amendments/ revisions to the Letmegrab Fees. It shall be the Seller's responsibility to review the emails / notifications by Letmegrab from time to time. Seller's continued use of Seller Panel (including any updated information in Seller Panel, listing of Products, inventory maintenance, etc.) after such modifications/ amendments/ revisions of the Letmegrab Fees shall be deemed as acceptance of such modifications/ amendments/ revisions.
3. Seller may provide a discount / offer on the Products. The Selling Price of the Products offered for sale by the Seller on the Platform shall be in accordance with applicable laws, rules and regulations (i.e. either equal to, or less than, the details maximum retail price of which are given that Product). The maximum retail price, along with other statutory declarations, shall be mentioned on each Product and/or on its packaging in Annexure – Aaccordance with applicable laws.
4. The Selling Price in respect of a Product purchased by a Buyer shall be received in full by Letmegrab either through the online system, i.e., the payment gateway offered by Letmegrab on the Platform, or by way of cash on delivery or it will be received by seller itself in case of “Pay Over Shop”
5. Seller will be responsible for payment of all applicable taxes including GST.
1. ▇▇▇▇▇▇ agrees and acknowledges that Seller will pay Letmegrab, the Letmegrab Marketplace Fees, Courier Fees, Payment Collection Fees, Fulfillment Centre Charges, any other fees, and applicable service taxes on it, as provided in Commercial Term Segment, for all the orders received through Letmegrab.
6. Letmegrab shall release the payment of the Seller Proceeds to the Vendor which Seller within seven days from date of confirmation of delivery of Product to the Buyer, after deducting Letmegrab Fees, the Courier Fees, Payment Collection Fees, Fulfillment Centre Charges and any other applicable Fees and applicable taxes, as per the Commercial Term Segment.
7. For any Letmegrab Fees deducted in accordance with clause 4.6, Letmegrab shall release the TDS amount to the Seller within 30 days after receiving accurate TDS certificate. TDS deposit is hereby admitted explicit responsibility of Seller to government on time as per Income Tax Act.
8. Seller agrees that Letmegrab shall, at all times, have the right and acknowledged option to deduct / adjust any payments due to, or from, Seller in one transaction, against any payments due to, or from, Seller in other or previous transactions.
9. Letmegrab shall release the payment on the following basis, i.e., the products delivered during the period from (1st to 7th), (8th to15th), (16th to 23rd) of every month and from (24th to end of the month). Letmegrab shall make the payment by way of account payee Cheque /RTGS/ NEFT on 8th, 16th, 24th of same month, and 1st of the Vendornext month, respectively after deducting Letmegrab's fee as per Annexure-1. Date Cycle of Successfully Delivered Order Payment Date of Specified Cycle 1st to 7th of same month 8th of same month 8th to 15th of the month 16th of same month 16th to 23rd of the month 24th of same month 24th to end date of the month 1st of the next month 5. TRANSFER OF OWNERSHIP OF PRODUCT, LOGISTICS AND CONSUMER RIGHTS
1. ▇▇▇▇▇▇ agrees that Letmegrab's role is limited to managing the Platform for the display of the Products and other incidental services to facilitate the shopping transactions between Seller and the Buyers. Accordingly, Letmegrab is merely an intermediary and is only a platform/facilitator where the Seller may offer its Products for sale. The installments received will be appropriated first towards the consideration contract for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment any of the installments given herein Products shall be a strictly bipartite contract between Seller and the Buyer. At no time shall Letmegrab have any obligations or liabilities in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt respect of such an intimation and delay contract nor shall Letmegrab hold any rights, title or interest in the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due datesProducts. The Purchaser Letmegrab shall not be entitled to pay responsible for any unsatisfactory or delayed performance or any actions or inactions of the said sale consideration by way Seller including delays as a result of cashthe Products being out of stock.
8.4 2. Seller shall ensure that the ownership in the Products purchased will be transferred to the Buyer after successful delivery of the same at the destination provided by the Buyer, until which the ownership in the Products shall vest with the Seller alone. Seller agrees and acknowledges that as a market place, Letmegrab will extend its value added services as opted for by the Sellers by providing mandates to Letmegrab's enabling partners for handling of logistics thereby facilitating the smooth functioning of the transaction between Seller and the Buyer and the Seller undertakes to furnish the accurate weights of the Products (i.e., actual weight of the Product and accessories if any, alongwith its Packing) to be shipped by the logistic partner. In case the Scheduled Flat is completed before event of any discrepancy in the scheduled date weight of completion / delivery mentioned hereinthe Product provided by the Seller and the weight of the Product provided by the logistic partner at the time of shipment of pick-up of shipment, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding weight provided by the installments and due dates mentioned herein. The Purchaser logistic partner shall be liable considered to pay be final and deviations if any in the balance outstanding within 15 days logistic charges on accounts of receiving an intimation such deviations shall be charged to and recovered from the Vendor as Seller on actual basis. Any damage in transit on account of inadequate/unsuitable packaging will be to completion the account of the Scheduled Flat, notwithstanding the installments and due dates mentioned aboveSeller.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions3. The Purchaser shall endeavour Seller hereby agrees to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for accept all sales return (cash on delivery, Pay Over Shop or non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor cash on delivery), which are refused/not accepted by the Purchaser shall not be linked with housing loan availed / to be availed by Buyer at the Purchasertime of delivery.
8.6 That in 4. Seller will offer standard manufacturer's or seller's warranty actually associated with the event Products. However, the Purchaser is arranging/has arranged finance under housing finance scheme/Seller agrees that repair, replacement or any other scheme for the purchase 100% (one hundred percent) refund of Schedule flat and payment of sale consideration under this Agreement, it shall money will be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder Buyer against any manufacturing defect or damage reported by the Vendor or Buyer. Seller shall be solely responsible to issue a suitable, duly stamped, manufacturer's warranty card to the nominee Buyer with the Product at the time of dispatch of the Vendor Product, if applicable. The Parties also agree and acknowledge that the primary and sole responsibility for redressal of the Buyer's complaints will rest solely with Seller at all times.
5. Letmegrab offers Fulfillment Services to the Sellers who have opted for the same, wherein the Sellers store their Products at Fulfillment Centers of the enabling partners of Letmegrab provide further packing, logistics services to deliver the products ordered by the Customer, provide Customer service and handle returns thereof. The Sellers who are interested in availing Letmegrab's Fulfillment services shall have to register themselves as detailed in Annexure 3 to this Agreement.
6. The Seller undertakes to bear all logistics cost with respect to return/reverse orders and also acknowledges that Reverse Logistics Cost as stated in Commercial terms.
7. Seller undertakes to accept all the return shipments irrespective of condition of the shipment and any dispute with respect to the condition of the shipment shall be settled only after acceptance of the shipment by Seller. If the shipment is not accepted by Seller, no dispute related to returns shall be entertained by Letmegrab.
8. Seller undertakes to provide its signature along with its stamp with Seller's name /contact number on all return shipments POD Slip. In absence of such evidence on return shipments, no return shipment query will be entertained.
9. Seller undertakes to put return shipment queries with merchant helpdesk either by email or in writing or through Seller Panel within 48 hours of receiving of shipments failing which such queries of Seller shall not be considered by Letmegrab. In case of receipt of damaged product, Seller undertakes to send 360 deg photos within 72 hours of receiving such product, no claims shall be a waiver entertained against queries made after 48 hour.
10. The clauses hereinafter shall be applicable on in case of non-LMD merchants
1. Seller shall mark Orders as shipped only with track-able waybill numbers on courier website. In case any term provided waybill is not traceable on courier site or condition invalid courier name beyond 48 hrs of this agreement nor marking orders as shipped, orders will be refunded to Customer on behalf of the Seller and the Seller shall it give be notified accordingly. The Seller shall instruct its courier to return the shipment back to origin. No return related query shall be entertained by Letmegrab.
2. Seller shall deliver the orders in accordance with the time-line mentioned in clause 5 of Commercials Term Segment. Seller confirms and acknowledges that Letmegrab reserves its right to refund any rights order with prior information to the Purchaser other than Seller in case of Shipment SLA breach and the time so grantedSeller shall direct the Courier Partner to return the shipment. Such granting In case, the Product is delivered to Customer, the loss of product value shall be to Seller's account.
3. In case the buyer cancels his/her order for any reason whatsoever before the delivery of such order, Letmegrab will inform Seller to stop the delivery of the time etc., shall not prejudice the rights said order and Seller undertakes to arrange return/reverse shipment of the Vendor said order. Seller undertakes to promptly inform Letmegrab about such return/reverse initiation of shipment and Letmegrab confirms that Letmegrab shall refund such orders on behalf of the Seller to Buyer on receipt of return/reverse confirmation from Seller. Seller acknowledges that if Seller delivers such order to the Buyer despite Letmegrab informing about return/reverse initiation, Seller shall bear the cost of such order and the loss of product value shall be deducted from Seller's account by Letmegrab.
4. Seller shall furnish to Letmegrab Proof of Delivery ("POD") /Dispatch of order within 72 hours of such request by Letmegrab. On failure of Seller to provide the same within 72 hours, Letmegrab shall refund the order value to the Buyer on behalf of the Seller and Seller acknowledges that Seller shall bear the loss of such order value. Letmegrab can request for POD from Sellers maximum after 20 days post delivery.
5. In case of delivery of order by in any manner whatsoever.person, it is mandatory for the Seller to ask DTP (Delivery Transaction Password) and inset into Seller Panel/Seller Application before handling the order over recipient. In absence of DTP, no return related query will be entertained by Letmegrab
Appears in 4 contracts
Sources: Marketing and Distribution Agreement, Marketing and Distribution Agreement, Marketing and Distribution Agreement
Payment Terms. 8.1 That Dealer will immediately pay DFS the Purchaser principal indebtedness owed DFS on each item of Collateral financed by DFS (as shown on the Statement of Transaction identifying such Collateral) on the earliest occurrence of any of the following events: (a) when such Collateral is lost, stolen or damaged; (b) for Collateral financed under Pay-As-Sold ("PAS") terms (as shown on the Statement of Transaction identifying such Collateral), when such Collateral is sold, transferred, rented, leased, otherwise disposed of or matured; (c) in pursuance strict accordance with any curtailment schedule for such Collateral (as shown on the Statement of this agreement has paid an advance amountTransaction identifying such Collateral); (d) for Collateral financed under Scheduled Payment Program ("SPP") terms (as shown on the Statement of Transaction identifying such Collateral), in strict accordance with the details installment payment schedule; and (e) when otherwise required under the terms of which are given any financing program agreed to in Annexure – A, to the Vendor which is hereby admitted and acknowledged writing by the Vendorparties. The installments received will be appropriated first towards the consideration for sale Regardless of the Scheduled Flat and thereafter towards other charges like taxesSPP terms pertaining to any Collateral financed by DFS, registration charges, interest, etc.
8.2 That if DFS determines that the Purchaser in pursuance of this agreement shall pay current outstanding debt which Dealer owes to DFS exceeds the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt aggregate wholesale invoice price of such an intimation and delay Collateral in Dealer's possession, Dealer will immediately upon demand pay DFS the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same difference between such outstanding debt and the Purchaser shall pay aggregate wholesale invoice price of such installments on Collateral. If Dealer from time to time is required to make immediate payment to DFS of any past due obligation discovered during any Collateral audit, or before the due dates. The Purchaser at any other time, Dealer agrees that acceptance of such payment by DFS shall not be entitled construed to pay have waived or amended the said sale consideration by way terms of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned hereinits financing program. The Purchaser shall proceeds of any Collateral received by Dealer will be liable held by Dealer in trust for DFS' benefit, for application as provided in this Agreement. Dealer will send all payments to DFS' branch office(s) responsible for Dealer's account. DFS may apply: (i) payments to reduce finance charges first and then principal, regardless of Dealer's instructions; and (ii) principal payments to the oldest (earliest) invoice for Collateral financed by DFS, but, in any event, all principal payments will first be applied to such Collateral which is sold, lost, stolen, damaged, rented, leased, or otherwise disposed of or unaccounted for. Any third party discount, rebate, bonus or credit granted to Dealer for any Collateral will not reduce the debt Dealer owes DFS until DFS has received payment therefor in cash. Dealer will: (1) pay the balance outstanding within 15 days of receiving an intimation from the Vendor as DFS even if any Collateral is defective or fails to completion conform to any warranties extended by any third party; (2) not assert against DFS any claim or defense Dealer has against any third party; and (3) indemnify and hold DFS harmless against all claims and defenses asserted by any buyer of the Scheduled FlatCollateral relating to the condition of, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction or any representations regarding, any of the loan to the Purchaser for whatsoever reasonCollateral. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the Dealer waives all rights of the Vendor in any manner whatsoeveroffset and counterclaims Dealer may have against DFS.
Appears in 3 contracts
Sources: Business Credit and Security Agreement (Elek Tek Inc), Wholesale Financing Agreement (Featherlite MFG Inc), Wholesale Financing Agreement (BTG Inc /Va/)
Payment Terms. 8.1 That 4.1 Orders of Products shall be placed by the Purchaser Reseller in pursuance of this agreement has paid an advance amount, accordance with the details of which are given in Annexure – A, Supplier’s policies notified to the Vendor which Reseller from time to time.
4.2 The price for the Products shall be as stated in the Online Supplier Price List or the Standard Supplier Price List whichever is hereby admitted and acknowledged the greater at the time of the order. The Supplier shall not require the Reseller to sell the Products at the recommended retail price as specified in the Online Supplier Price List or the Standard Supplier Price List.
4.3 Unless the Supplier has previously agreed in writing with the Reseller that the Products will be supplied on credit terms payment for the Products shall be made in full by the Vendor. The installments received will be appropriated first towards Reseller with the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etcReseller’s order.
8.2 That 4.4 Where the Purchaser in pursuance of this agreement Supplier has agreed to supply the Products to the Reseller on credit terms the Reseller shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment price of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned Products within 30 days from of the date of provisional bookingthe Supplier’s invoice notwithstanding that the ownership of the Products may not have passed to the Reseller at such time. Invoices will be dated the day of dispatch of the Products. The Vendor shall under no circumstances Supplier is entitled in its sole discretion to alter payment terms and withdraw or alter any credit limit granted at any time without notice.
4.5 Any payment not received by the due date for payment will be held responsible considered overdue and will remain payable by the Reseller together with interest for non-sanction late payment. Interest will be charged at the rate of 5 % per annum above the Bank of England’s base rate until payment in full is made with interest compounded on a daily basis.
4.6 The Reseller must notify the Supplier in writing within 7 days of the loan date of an invoice of any errors within the invoice. Failure to notify the Supplier within 7 days will result in an assumption by the Supplier that the Reseller has accepted its invoice in full.
4.7 No title to the Purchaser for whatsoever reason. The payment of installments Products shall pass to the Vendor Reseller unless and until the Supplier has been paid in full. Notwithstanding the Supplier’s retention of title in the Products until relevant invoice amounts have been paid the Supplier reserves the right to undertake legal proceedings to recover the cost of the Products supplied should the Reseller not make full payment by the Purchaser shall not due date for payment. Any and all associated costs in connection with any legal proceedings undertaken to recover amounts due will be linked with housing loan availed / to be availed payable in full by the PurchaserReseller.
8.6 That in 4.8 The Supplier reserves the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier right to stop supplying a particular Product to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operativeReseller at any time.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 2 contracts
Payment Terms. 8.1 That the Purchaser a) BHEL9s standard payment term is Payment after receipt and acceptance of materials / items at HEEP, BHEL−Store or at desired destination unless otherwise specified in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, Special Terms attached to the Vendor which is hereby admitted and acknowledged by tender enquiry.
b) BHEL reserves the Vendor. The installments received right to accept or reject the offer of the bidder who quotes the payment term other than BHEL9s standard payment term.
c) Loading on account of deviation in payment terms shall be done as per extant rules of BHEL−Haridwar.
d) 100% payment along with taxes, freight & insurance will be appropriated first towards the consideration for sale made after receipt and acceptance of the Scheduled Flat material and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 75 days from the date of provisional bookinginvoice subject to submission of non− discrepant documents within 15 days of supply as per terms and conditions of Purchase Order. The In case any discrepancy found in the documents, BHEL will notify the same to vendor within 7 days of receipt. Vendor shall has to clear all the discrepancies in one go within 7 days thereafter else the payment of vendor may get delayed.
e) For MSEs (covered under no circumstances MSME Act) which are registered and periodically renewed with BHEL, the payment will be held responsible for non-sanction made within 45 days or as prescribed in the relevant act.
f) Adherence to the above time schedule of payment is contingent upon Vendor complying with GST Rules w.r.t availment of Input Tax Credit by BHEL.
g) In case GST credit is delayed / denied to BHEL, due to non / delayed receipt of goods and / or tax invoice or expiry of the loan to the Purchaser timeline prescribed in GST Law for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/availing such ITC, or any other scheme reason not attributable to BHEL, GST amount shall be recoverable from Vendor along with interest levied / leviable on BHEL.
h) The taxes and duties that are reimbursed would be the ones applicable as on the contractual Purchase order delivery date or the amount actually paid whichever is less. ## Quotations / Bids not in accordance with General Instructions and Standard Terms & Conditions are likely to be ignored. P a g e | 4 of 13 BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403) General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC) For Indian Bidders (Version May-2024, Rev: 07)
i) The loading criteria for the purchase of Schedule flat and different payment of sale consideration under this Agreement, it terms shall be as under; Payment Terms Days of Loading After Receipt & Acceptance of material within 75 days of supply. No Loading Against Delivery at BHEL−Stores Haridwar. 45 Against documents through bank (CAD): 45 Letter of Credit (LC) 120 Usance LC No Loading if usance period is > 120 Days. Loading of days9 difference i.e. difference between 120 days and usance period if the sole responsibility of the Purchaser for timely payments from such financier to the Vendorusance period is < 75 days. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operativeAdvance Delivery Period + 120 Days − Advance Payment Days.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 2 contracts
Sources: Framework Agreement / Rate Contract, Framework Agreement
Payment Terms. 8.1 That I agree to pay you the Purchaser in pursuance of this agreement has paid an advance amounttotal amount due upon signing the Lease Agreement. I also agree to pay all additional monthly Lease payments when due, starting with the details of which are given in Annexure – A, to Commencement Date shown above and every 30 days thereafter for the Vendor which is hereby admitted and acknowledged by the VendorLease Term. The installments received will be appropriated first towards the consideration for sale amount of the Scheduled Flat monthly Lease payment due from month to month may vary from the amount shown as “First Total Monthly Payment” due to: local, state and thereafter towards other taxes owed on the Equipment, your monthly tax processing fees, charges owed on any Loss or Destruction Waiver, past due amounts, late fees, and other charges like taxesI may owe under the Lease Agreement from time to time, registration chargesas provided herein. This means that the amount of my monthly Lease payment may change each month and, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per if the payment schedule given is made under the “auto debit” payment option that the amount debited from my account may also vary and I agree to keep sufficient funds in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled my business checking account to pay the said sale consideration amount owed each month. If I have chosen to be statement billed by way not completing the Method of cash.
8.4 In case Payment option on page 3 of this Lease, or if I have selected the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned hereindirect debit option, the entire balance outstanding as on such date of completion shall become and you find it necessary to statement ▇▇▇▇ due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser direct debit information being incomplete, inaccurate or due to insufficient funds in my checking account, or for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme reason beyond your control, you are authorized to add a $5.00 per month charge to my monthly payment amount as reimbursement for the purchase of Schedule flat your added services and payment of sale consideration under this Agreementprocessing expenses. YOU, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the VendorTHE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.SEE THE ATTACHED NOTICE OF CANCELLATION
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Payment Terms. 8.1 That the Purchaser in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor Vendor/ Developer shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor Vendor/ Developer as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor Vendor/ Developer shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor Vendor/ Developer or the nominee of the Vendor Vendor/ Developer shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor Vendor/ Developer in any manner whatsoever.
Appears in 2 contracts
Sources: Sale Agreement, Agreement of Sale
Payment Terms. 8.1 That 4.1 The prices to be paid by you to us for the Purchaser use of the Software and/or our provision of related Support Services and Hosting Services (as applicable) shall be as stated on the front sheet, including the Licence Fees and any Implementation Fees. General payment terms are stated in pursuance this Schedule 1.
4.2 Implementation Fees are payable by you in advance in connection with the services provided by us during the Implementation Period.
4.3 Our Licence Fees are calculated on a per Permitted End-User basis at the rate set out on the front sheet and are payable by you annually in advance (as stated on the front sheet) within 30 days of this agreement has paid an advance amount, receipt of invoice issued at the details end of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the VendorImplementation Period. The installments received Licence Fees include our charges for the Support Services and Hosting Services.
4.4 We reserve the right to amend the Licence Fees payable by you each year to reflect the number of Permitted End-Users using our Software. Such changes will be appropriated first towards reflected in the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etcnext invoice payable by you.
8.2 That 4.5 We reserve the Purchaser in pursuance of this agreement shall pay right to amend the balance consideration to the Vendor as Licence Fees, not more than once per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein each Contract Year on notice in writing to their last known address or by emailyou. Where there is any increase to the Licence Fees, such increase will be not less than the details rate of which are increase set out in the Retail Prices Index for the relevant Contract Year against the previous Contract Year. Any increase to the Licence Fees shall take place from the month following the month that notice of the increase was given to you.
4.6 You agree to pay any undisputed Licence Fees in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay accordance with the payment of installments on that countintervals and terms specified in the front sheet to the bank account nominated by us in writing from time to time.
8.3 That 4.7 Any and all expenses, costs and charges incurred by you in the Purchaser performance of your obligations under this Contract shall be paid by you unless expressly agreed beforehand in writing.
4.8 Where you fail to pay the installments as mentioned above regularly in favour of the Vendor either any undisputed amount due to us by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due datesdate, we may charge you interest on the overdue amount on notice in writing. The Purchaser shall Where interest is charged, it will not be entitled exceed the rate of 5% per year above the Bank of England’s base lending rate from time to pay time; accruing daily and compounded monthly form the said sale consideration by way of cash.
8.4 In case the Scheduled Flat due date until payment is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned hereinmade. The Purchaser This right to charge interest shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan in addition to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etcsuspend or terminate this Contract under Clause 10., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 2 contracts
Sources: Software License and Support Services Agreement, Software License and Support Services Agreement
Payment Terms. 8.1 That 6.2.1. Settling Defendants shall wire transfer the Purchaser in pursuance of this agreement Settlement Amount to the Qualified Settlement Fund. If the Qualified Settlement Fund has paid not been established pursuant to an advance amountorder of, or approved by, the details Court (including approval and execution of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged Escrow Agreement) by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction deadline for payment of the installments given herein in writing Settlement Amount, Settling Defendants shall not be obligated to their last known address pay such amount until seven (7) Business Days after the Qualified Settlement Fund is established pursuant to an order of, or by emailapproved by, the details Court (including approval and execution of the Escrow Agreement). In no event shall any Settling Defendant have any liability whatsoever with respect to the Settlement Amount once it is paid to the Qualified Settlement Fund in accordance with this Settlement Agreement. The Escrow Agent shall provide Settling Defendants wire transfer instructions and any other documentation reasonably necessary to facilitate payment of the Settlement Amount to the Qualified Settlement Fund, which are given in Annexure – A. The Purchaser shall be delivered at least seven (7) Business Days before the deadline for payment specified herein. If such wire transfer instructions and documentation have not been provided to Settling Defendants by the date seven (7) Business Days before the deadline for payment specified herein, Settling Defendants shall not raise any objections for non-receipt be obligated to pay such amount until seven (7) Business Days after receiving the wire transfer instructions and documentation.
6.2.2. Until the Effective Date, the Settlement Funds shall be used solely to fund the provision of such an intimation Notice pursuant to the Notice Plan and delay the reasonable fees, costs, and expenses of the Notice Administrator incurred in connection therewith, the payment of installments Taxes imposed on the Qualified Settlement Fund, as well as the reasonable costs, fees, and expenses of the Escrow Agent and the Special Master. The Escrow Agent shall disburse funds for Notice costs upon request by the Parties. The Special Master shall keep a record of all such expenditures, shall report them periodically to Class Counsel and the Settling Defendants until the Effective Date, and shall certify to the Parties in each such report that countthe Settlement Funds were used only for purposes specified in the preceding sentence. From and after the Effective Date, the Settlement Funds shall be allocated and used only as specified in Paragraphs 6.2.3, 11.1, 11.2 and 11.5. All unused Settlement Funds, including all interest earned thereon, shall be refunded to Settling Defendants should a Termination Refund become payable under Paragraph 9.9.2, 9.10.2, or 10.4 of this Settlement Agreement.
8.3 That 6.2.3. The “holdback assessment” required by CMO No. 3 shall be assessed upon the Purchaser Effective Date, before any portion of the Settlement Funds is distributed to Settlement Class Members or Class Counsel. Such Order requires a holdback assessment of 6% of the amount of any settlement to be allotted for common benefit attorneys’ fees and 3% of the amount of any settlement to be allotted for reimbursement of permissible common benefit costs and expenses. If accounts designated to receive such funds have not been established by the Effective Date, the Escrow Agent shall pay the installments as mentioned above regularly in favour of applicable amount into such accounts by no later than ten (10) Business Days after the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay Court establishes such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cashaccounts.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 2 contracts
Sources: Class Action Settlement Agreement (Chemours Co), Class Action Settlement Agreement
Payment Terms. 8.1 That the Purchaser in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor3.1. The installments received will be appropriated first towards Agency must submit the consideration Invoice for sale the month in the agrees format and manner in the immediately following month. Procuring Entity shall ensure release of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etcmonthly payment within 15 days of submission of the Invoice.
8.2 That 3.2. The Agency shall submit following certificate along with the Purchaser in pursuance of this agreement shall pay the balance consideration monthly Invoice to the Vendor as per initiate the payment schedule given in Annexure –A. The Vendor process.
(a) Wages of workers were credited to their bank accounts on (date) along with employee wise bank statement along with employees’ bank account number.
(b) ESI Contribution relating to workers amounting to Rs. was deposited on
(c) EPF Contribution relating to workers amounting to Rs. was deposited on . (Copy of e-receipt along with employee wise details enclosed)
(d) We are complying with all statutory Labour Laws including Minimum Wage Act and all other statutory laws and benefits of Central Govt and Government of Assam. (self-certificate)
3.3. These shall intimate the Purchaser the stage of construction for be no advance payment of the installments given herein in writing to their last known address or by emailservice charges; it shall be on monthly reimbursement basis.
3.4. The Agency shall be absolutely, the details of which are given in Annexure – A. The Purchaser shall not raise any objections completely, and exclusively responsible for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt salary, for the same and housekeeping staff employed under the Purchaser shall pay such installments contract on or before 5th of each succeeding month. If the due dates. The Purchaser shall Agency is not be entitled able to pay raise and submit bills to Procuring Entity in schedule time with all requisite documents and because of which no payment has been released by Procuring Entity, then the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser Agency shall be liable to pay make payment to the balance outstanding within 15 days housekeeping staff on or before 7th of receiving an intimation from each month.
3.5. All payments to the Vendor service provider shall be subject to statutory deductions as per the applicable and other deductions or adjustments as per the terms of this contract.
3.6. Payment towards manpower cost shall be made in full provided the Agency deputes agreed number of manpower as proposed by it in the Technical Bid. Proportionate deductions shall be made in case of absenteeism or non-deployment.
3.7. The Agency will have to completion make payment through e-transfer after opening of individual bank account for the workers deployed at Client place. Further, the proof of ESI/EPF deposit to the concerned authorities should also be submitted to designated Nodal Officer of the Scheduled FlatClient and only after receipt/verification, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction payment of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor same shall be made by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaserauthority.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 2 contracts
Sources: Outsourcing Agreement, Outsourcing Agreements
Payment Terms. 8.1 That The invoice shall be issued on the Purchaser in pursuance date of this agreement has paid an advance amount, delivery and/or the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale provision of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which goods. Invoices are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned : - (with a 2% cash discount) within 30 days of the invoice date - (net) from the 31st to the 60th day after the invoice date. If paid before the 30th day from the invoice date, in addition to the 2% cash discount, a discount shall be granted from the date of provisional bookingpayment up until the 30th day calculated of 4 percentage points above the current base interest rate on the amount reduced by the cash discount. In the case of payment between the 30th and 60th day after the invoice date, there shall be no cash discount permitted, but only the discount of 4 percentage points above the respective base interest rate, calculated from the date of payment to the 60th day. Instead of the above provision, the following scheme may apply: - settlement on the average due date at a 2% cash discount, if the aggregate invoices do not exceed a period of 30 days; - 10 day settlement invoices from to be settled at a to be settled 2% discount net on 1 st - 10th of a month 5th of the next 5th of the generally not be accepted as cash. The Vendor seller reserves the right to decide whether to accept promissory notes and whether it shall under no circumstances grant a cash discount on promissory notes. The netting of due invoiced amounts and the withholding of due invoiced amounts shall only be held responsible for permitted with respect to undisputed claims or claims declared by non-sanction appealable judgment, unless damage compensation claims are concerned that have a close connection to the claim of the loan buyer to defect-free performance of the Purchaser for whatsoever reasoncontract. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That This also applies in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme seller suspends payments. Other deductions (e.g. for the purchase of Schedule flat postage and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor bank charges) shall not be considered permitted. The seller shall not be obliged to make further deliveries before the full payment of due invoice amounts including billed interest and default interest. The readiness to ship the yarns shall be declared by the seller by sending the invoice. In the case of imminent insolvency or other significant deterioration in the buyer’s financial situation, the seller may, after setting a waiver of any term grace period for still outstanding performances based on the same contractual relation, refuse to render the performance incumbent upon it or condition of this agreement nor rescind the contract or claim damage compensation. This shall it give any rights also apply if the buyer does not immediately refute objective doubts asserted about its ability to the Purchaser other than the time so grantedpay or concerning its creditworthiness. Such granting Otherwise, § 321 of the time etc., Civil Code shall apply. Section 119 of the Insolvency Code shall not prejudice the rights of the Vendor in any manner whatsoeverbe prejudiced hereby.
Appears in 1 contract
Sources: German Yarn Contract
Payment Terms. 8.1 That All Spare Parts are sold *** with the Purchaser in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale net amount of the Scheduled Flat invoice (including all freight, transportation, insurance and thereafter towards other charges like taxes, registration similar charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the ) due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 *** days from the date invoice date, which shall be the *** USI may take a *** on the total invoice if paid within *** of provisional bookinginvoice. The Vendor USI shall owe DIGIRAD a late charge of *** on any delinquent balance hereunder, provided that in no event shall this monthly charge exceed the maximum amount allowed by law. USI shall pay all costs and expenses incurred by DIGIRAD in collecting delinquent amounts (including late charges) under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reasonthis Section 3, including attorneys' fees and costs. The DIGIRAD may accept partial payment of installments to the Vendor by the Purchaser on any invoice, which shall not be linked constitute a waiver of DIGIRAD's right to collect the balance or an accord and satisfaction not withstanding DIGIRAD's endorsement of USI's check. *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with housing loan availed / the Commission. DIGIRAD may at any time, either generally or with respect to any specific Order, change the amount or duration of credit to be availed allowed to USI by the Purchaser.
8.6 That DIGIRAD, which may include requiring cash or letter of credit in advance of shipment or delivery or delaying or stopping acceptance of Orders from or shipments to USI, in the event the Purchaser is arranging/USI has arranged finance under housing finance scheme/failed to pay previous amounts when due or any other scheme for the purchase of Schedule flat and payment of sale consideration USI's financial condition or creditworthiness, performance under this Agreement, it or other actions make such action appropriate in DIGIRAD's reasonable sole judgment without waiving its claim for damages or other remedies. USI shall not take any credit or offset whatsoever against amounts owed to DIGIRAD without DIGIRAD's prior written authorization. Unless otherwise required by law, all prices shall be quoted and billed exclusive of federal, state and local excise, sales and similar assessments, taxes and charges. Such assessments, taxes and charges shall be the sole responsibility of the Purchaser for timely payments USI and, if required to be paid by DIGIRAD, shall appear as additional items on invoices. If exemption from such financier taxes or charges is claimed, USI must provide a certificate of exemption and similar documentation at the time the Order is submitted to DIGIRAD. If shipments are delayed by USI, payments shall become due on the Vendordate that is *** days from the date that DIGIRAD is prepared to make shipment. Any default in payment by such financier to the Vendor Spare Parts held at USI's request shall be deemed to be at the default by the Purchaser risk and the consequence as regards default in payments as contained under this Agreement shall become operativeexpense of USI, including *** *** charge for any Spare Parts being held over *** days.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Service Agreement (Digirad Corp)
Payment Terms. 8.1 That the Purchaser in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat Villa and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure Annexure– A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat Villa is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled FlatVilla, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour endeavor to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat villa and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Sale Agreement
Payment Terms. 8.1 That the Purchaser in pursuance of 13.1 The Supplier shall deliver to Sycamore invoices for all goods provided and services performed under this agreement has paid an advance amount, the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the VendorAgreement. The installments received Invoices will be appropriated first towards sent to Sycamore no earlier than the consideration for sale shipment of Recurring Manufacturing Services or the Scheduled Flat and thereafter towards other charges like taxesacceptance of Non recurring Manufacturing Services, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement Payments shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days payable [*] from the date of provisional bookingan accurate invoice containing the information set forth in section 13.2 below. In the future the parties agree to discuss a discount for early payment terms.
13.2 The Supplier's Invoices shall be in writing and contain the following applicable information: * Sycamore's Purchase Order Number, * Sycamore's Part Number and Revision Level, * Quantity of Products or Services, * Unit Price of Products or Services, * Extended Price, * Shipping point * Date of Shipment * Shipping Costs * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Asterisks within brackets denote omissions. All amounts due to the Supplier are payable at the Supplier designated address or at such other place as the Supplier may hereafter designate in writing to Sycamore.
13.3 If Sycamore becomes delinquent in payment of any material amounts due to the Supplier without reasonable cause, the Supplier may [*] hereunder until all the obligations to the Supplier have been brought current. The Vendor shall under no circumstances be held responsible for non-sanction of the loan Supplier's election to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser [*] shall not be linked with housing loan availed / to be availed by the Purchaserrelieve Sycamore of any obligations hereunder.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme 13.4 The Supplier shall send its Invoices for the purchase of Schedule flat goods provided and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained services performed under this Agreement shall become operativeto Sycamore Network, Inc. Attention: Accounts Payable, at the address specified on Sycamore's Purchase Order.
8.7 That 13.5 Sycamore will be solely responsible for and will pay all taxes including value added taxes, duties or other governmental or regulatory charges in any time given country resulting from the transfer of title from Supplier to Sycamore, except for any income, corporate or other related taxes based upon Supplier's income or property for which the Purchaser for fulfillment of his obligations hereunder by Supplier is directly liable.
13.6 Supplier accepts the Vendor or the nominee of the Vendor shall not be considered to be a waiver credit liability of any term or condition of this agreement nor shall order once it give is accepted and cannot request Sycamore to pay down any rights to credit amount after the Purchaser other than the time so granted. Such granting of the time etcorder is accepted., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Manufacturing Services Agreement (Sycamore Networks Inc)
Payment Terms. 8.1 That 5.1 Payment is due prior to the Purchaser Commencement Date.
5.2 Payments must be made by direct debit mandate or alternative payment method as agreed at the sole discretion of Pracctice. Payments expressed as a monthly charge must be paid monthly in pursuance of this agreement has paid an advance amountadvance.
5.3 The Customer agrees that where opening balance data is not supplied electronically in our standard CSV (Comma Separate Value)/Microsoft Excel format template and manual entry is therefore required, the details entry of which are given in Annexure – A, to any additional matters above the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received first 500 will be appropriated first towards charged at a rate of not less than £2.00 per matter.
5.4 Where Pracctice provide services that involve attending the consideration for sale Customer’s offices or a location of the Scheduled Flat Customer’s choosing Pracctice reserve the right to charge reasonable expenses which may include but are not limited to rail fares, mileage, hotels and thereafter towards other charges like taxes, registration charges, interest, etcsustenance.
8.2 That the Purchaser 5.5 Failure to supply data for entry in pursuance accordance with Schedule H may lead to additional charges being made on a time and materials basis
5.6 The amount of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser invoice shall not be entitled treated as paid until any Direct Debit or other instrument of payment given by the Customer has been met on presentation or otherwise honoured in accordance with its terms.
5.6.1 In the event of failure to pay any invoice including refusal to pay on presentation any Direct Debit mandate request or alternative payment method as agreed at the said sale consideration sole discretion of Pracctice Pracctice reserves the right to suspend access to the services with immediate effect after the event of failure to pay and to continue the suspension of services until such time as cleared funds have been received. Pracctice Limited also reserves the right to charge an administration fee of £100.00 plus VAT for each re-presentation of a Direct Debit mandate or for taking payment by way any alternative method. A reactivation fee of cash£500.00 plus VAT will be also be incurred on reactivation of your service where you service remains suspended due to non-payment of your Direct Debit on first re-presentation.
8.4 5.6.2 In case the Scheduled Flat is completed absence of a valid reason late payment of any invoice will bear interest at a rate equal to 2% over the base rate of The Bank of England from time to time, after as well as before the scheduled date any judgement thereof.
5.7 As part of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned hereinour carbon neutralisation plan Pracctice Limited only supply electronic invoices. The Purchaser shall These can be liable emailed to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion you. Should you require a printed version of the Scheduled Flat, notwithstanding the installments and due dates mentioned aboveinvoice a charge of £25.00 plus VAT will be levied per invoice to cover our administration costs.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Temporary Use Agreement
Payment Terms. 8.1 That The Initial Payment of the Purchaser Purchase Price will be payable to Seller by Buyer on the Closing date and shall be paid through the issuance of shares in pursuance Parent Restricted Common Stock. Subsequent annual payments for Earnout based on Incremental Revenue will be payable on the 1st of April following the close of each calendar year for which payment is to be made (each an "Annual Payment Date"). The Initial Payment and each Annual Payment will be paid by issuance of Parent Restricted Common Stock; the number of shares of which would be calculated based on the average closing price for the 20 trading days immediately preceding each respective payment. For purposes of the calculating the Initial Payment, the number of shares will be calculated based on the average closing price for the 20 trading immediately preceding the date of this agreement has paid agreement. The Parent agrees to provide its transfer agent with an advance amountopinion letter and instructions to remove the restricted legend from Seller's shares in accordance with SEC Rule 144, following the 12-month holding period that begins on the share issuance date. Further, the details of which are given in Annexure – AParent Restricted Common Stock shall be distributed to NetYeti, Inc. or alternatively as instructed by the Seller pursuant to Schedule 1.4. All fractional shares resulting from a prorated distribution calculation shall be rounded up to the Vendor which is hereby admitted and acknowledged next whole share amount. The Buyer shall provide the Seller with a two year guaranty, secured by the Vendor. The installments received will be appropriated first towards Assets purchased herewith, in an amount not to exceed $175,000 for covering any documented shortfalls realized from the consideration for open market sale of the Scheduled Flat Restricted Stock before the end of the guarantee period. The Seller's legal counsel shall prepare a UCC-1 acceptable to Buyer; covering the assets conveyed herewith and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration all new wireless broadband assets acquired post Closing that are specific to the Vendor as per exclusive territory set forth in Section 6.4.1 and customers accounts placed by the payment schedule given Seller. Further, presuming that the Seller has not realized at least $175,000 in Annexure –A. The Vendor shall intimate cash from the Purchaser the stage of construction for payment sale of the installments given herein in writing to their last known address or Restricted Stock issued for the Purchase Price by emailthe end of the guaranty period, the details Parent Company shall be obligated to issue additional shares to the Seller to cover any shortfall. Following the Sellers realization of which are given $175,000 in Annexure – A. The Purchaser shall not raise any objections for non-receipt proceeds from the sale of such an intimation and delay Restricted Stock or the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour end of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned hereinguarantee period, whichever occurs first, the entire balance outstanding as Seller shall be obligated to release the guaranty and liens on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned Assets purchased herein. The Purchaser Further, the Seller shall have the option to retain the stock at the end of the two year guarantee, although the Seller shall be liable obligated to pay release the balance outstanding within 15 days of receiving an intimation from guaranty and liens on the Vendor as to completion Assets set forth in the UCC-1 at the end of the Scheduled Flat, notwithstanding the installments and due dates mentioned aboveguarantee period.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Payment Terms. 8.1 That the Purchaser in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction Concurrently with its request for payment of the installments given herein in writing Improvement Allowance ("PAYMENT REQUEST"), Sublessee shall submit to their last known address or by emailSublessor (i) original lien waivers from all contractors and subcontractors, and (ii) such other documentation as Sublessor may reasonably require to evidence completion of the work pertaining to such payment (collectively, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-"REQUEST PACKAGE"). Within thirty (30) days following Sublessor's receipt of such an intimation the Request Package, Sublessor shall deliver to Sublessee: (i) a written notice of any amounts included in the Payment Request that are disputed by Sublessor as outside of the scope of Improvement Costs (as defined in Section 2.3.2.3) ("DISPUTED AMOUNTS") (if any), and delay the (ii) payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour balance of the Vendor Payment Request (the "UNDISPUTED AMOUNTS"). If Sublessor delivers an notice of Disputed Amounts, then the parties shall confer and negotiate in good faith to reach agreement as to whether the Disputed Amounts are within the scope of Improvement Costs. Sublessee shall have a right to offset the Disputed Amounts against future Rent payable under this Sublease,. If a Disputed Amount is not resolved by the parties in a reasonably acceptable manner within 30 days, either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt party may refer the matter to an expedited arbitration procedure, for resolution within 90 days. The unsuccessful party would be responsible for the same and costs of the Purchaser shall pay such installments on or before arbitration process. If it is determined that the due dates. The Purchaser amount contested is not to be covered by the Improvement Allowance, Sublessor shall not be entitled required to make such payment to Sublessee and Sublessee shall promptly pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned hereinamount that it has offset against rent, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned hereinif any. The Purchaser shall be liable If Sublessor fails to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The deliver payment of installments any Undisputed Amounts within such thirty (30) day period, then Sublessee shall have the right to offset the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase total of Schedule flat and payment of sale consideration such Undisputed Amounts against future Rent payable under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operativeSublease.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Payment Terms. 8.1 That 5.1 You agree to pay at the Purchaser times set out above in pursuance relation to the relevant Payment Scheme, the Subscription Fees due for the Instance/Image Size and Payment Scheme you have subscribed to. You may vary the Instance/Image Size and Payment Scheme in accordance with the Instance/Image Size section and the Payment Scheme section of this agreement has paid ▇▇▇▇
5.2 If due to a pricing error the fees specified as set out in clause 5.1 are obviously less than the correct Subscription Fees and this could reasonably have been recognised by you as a mispricing the parties shall as soon as reasonably practicable and in any event within 5 working days following the discovery of the pricing error, discuss the pricing error and use their good faith endeavours to agree the correct Subscription Fees. If the parties cannot agree the correct Subscription Fee within 10 working days following the date on which we informed you of the pricing error then we shall have the right to immediately terminate the ▇▇▇▇ without liability to you. If you have an advance amountAnnual Subscription and this ▇▇▇▇ is so terminated, we shall return to you the details relevant proportion of the Subscription Fees calculated on a pro rata basis for the remainder of the year in respect of which the Subscription Fees have been paid.
5.3 You agree to make all payments through AWS and you will ensure at all times that your credit card and/or other account details provided to AWS are given in Annexure – A, accurate and up to date. You authorise AWS to ▇▇▇▇ the Subscription Fees on such credit card on our behalf. You also acknowledge and agree to pay all fees charged by AWS (or its affiliates) relating to the Vendor Instance upon which the Software is hereby admitted installed (including any infrastructure charges). Details of their charges are at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/ec2/pricing/
5.4 All Subscription Fees and acknowledged other amounts payable in connection with this ▇▇▇▇ are:
(a) non-cancellable and (save where expressly stated otherwise in this ▇▇▇▇) non- refundable;
(b) exclusive of applicable taxes and duties, including VAT and any applicable sales tax (including state sales and use tax), for which you may be additionally liable. If applicable, you agree to pay on demand the amount of any such tax or duty for which you are liable in relation to the Subscription Fees and any other amounts due to us or AWS. You will provide us with any information we reasonably request to determine whether we are obliged to collect VAT (or any other sales tax) from you, including your VAT identification number. If you are legally entitled to an exemption from any sales, use or similar transaction tax, you are responsible for providing us with legally- sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the Vendornet amount we receive, after any deduction or withholding, equals the amount we would have received if no deduction or withholding had been required. The installments received Additionally, you will be appropriated first towards provide us with documentation showing that the consideration for sale of withheld and deducted amounts have been paid to the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etcrelevant taxing authority.
8.2 That the Purchaser in pursuance of this agreement 5.5 We shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay change the said sale consideration Subscription Fees in relation to your Instance/Image Size and/or Payment Scheme at any time. Changes shall be made in accordance with the rules and policies applied from time to time by way AWS. In the case of cashan Annual Subscription, such change shall take effect no earlier than at the end of that Annual Subscription period.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser 5.6 All amounts payable under this ▇▇▇▇ shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flatmade by you without set-off, notwithstanding the installments and due dates mentioned abovecounterclaim, deduction or withholding.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: End User License Agreement (Eula)
Payment Terms. 8.1 That All Payments are due in US Dollars. All payments are due Net 30 days (with approved credit) from invoice date. Invoice dates shall be based on shipment dates unless both Buyer and Seller have agreed to specific project invoicing milestones. Sales orders in excess of $5,000 must be supported by a hard copy Purchase Order. Payments from Buyer to Seller shall not be contingent upon payment from any third party to Buyer and the Purchaser in pursuance payment obligations of this agreement has paid an advance amountBuyer to Seller shall remain unimpaired regardless of disputes which may arise between Buyer and third parties or Buyer and Seller. Payments may be made by either check or wire transfer. Seller shall have the option of billing for partial shipments delayed by Buyer. Payments are payable on the terms set forth herein without deductions for counterclaims, the details of back charges, set-offs, other accounts between Seller and Buyer, which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will shall be appropriated first towards the consideration for sale settled independently of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing invoice, or any other charges or claims of Buyer whatsoever. Progressively invoiced based upon equipment shipment 30% Invoiced at order placement 70% Progressively invoiced based upon equipment shipment 30% Invoiced at order placement 40% Invoiced upon ▇▇▇▇▇▇’s submittal of general dimension drawings for ▇▇▇▇▇’s approval 30% Progressively invoiced based upon equipment shipment Sales under $50,000 shall be approved on a secured basis as determined by Management. For orders $50,000 and over, payment terms are 30% of total order value due to Seller with Purchase Order with remaining balance due on a secure basis acceptable to Seller or via irrevocable standby letter of credit to be issued with Purchase Order and payable on sight. Seller will provide their last known address or by email, the details document “Letter of which are given in Annexure – A. The Purchaser shall not raise any objections Credit Requirements” for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour Buyer to generate a draft of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer letter of credit for ▇▇▇▇▇▇’s review and obtain receipt approval before issuance. Seller reserves the right to require full payment before production, shipment, delivery, or installation for any reason within its sole discretion. A finance charge of 2% per month (or up the same and the Purchaser shall pay such installments maximum amount permitted under applicable state law) will be assessed on or before the all past due datesbalances. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser Buyer shall be liable to pay the balance outstanding within 15 days for all of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments Seller’s collection costs (including attorneys’ fees and due dates mentioned aboveexpenses).
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Payment Terms. 8.1 That The Initial Payment of the Purchaser Purchase Price will be payable to Seller by Buyer on the Closing date and shall be paid through the issuance of shares in pursuance Parent Restricted Common Stock. Subsequent annual payments for Earnout based on Incremental Revenue will be payable on the 1st of this agreement has April following the close of each calendar year for which payment is to be made (each an "Annual Payment Date"). The Initial Payment will be paid an advance amountby the issuance of 750,000 shares of Parent Restricted Stock and each Annual Payment will be paid by issuance of Parent Restricted Common Stock; the number of shares of which would be calculated based on the average closing price for the 20 trading days immediately preceding each respective payment. For purposes of the calculating the Initial Payment, the details number of which are given shares was calculated based on the average closing price for the 20 trading immediately preceding the date of the original agreement; October 2, 2006. The Parent agrees to provide its transfer agent with an opinion letter and instructions to remove the restricted legend from Seller's shares in Annexure – Aaccordance with SEC Rule 144, following the 12-month holding period that begins on the share issuance date. Further, the Parent Restricted Common Stock shall be distributed to NetYeti, Inc. or alternatively as instructed by the Seller pursuant to Schedule 1.4. All fractional shares resulting from a prorated distribution calculation shall be rounded up to the Vendor which is hereby admitted and acknowledged next whole share amount. The Buyer shall provide the Seller with a two year guaranty, secured by the Vendor. The installments received will be appropriated first towards Assets purchased herewith, in an amount not to exceed $175,000 for covering any documented shortfalls realized from the consideration for open market sale of the Scheduled Flat Restricted Stock before the end of the guarantee period. The Seller's legal counsel shall prepare a UCC-1 acceptable to Buyer; covering the assets conveyed herewith and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration all new wireless broadband assets acquired post Closing that are specific to the Vendor as per exclusive territory set forth in Section 6.4.1 and customers accounts placed by the payment schedule given Seller. Further, presuming that the Seller has not realized at least $175,000 in Annexure –A. The Vendor shall intimate cash from the Purchaser the stage of construction for payment sale of the installments given herein in writing to their last known address or Restricted Stock issued for the Purchase Price by emailthe end of the guaranty period, the details Parent Company shall be obligated to issue additional shares to the Seller to cover any shortfall. Following the Sellers realization of which are given $175,000 in Annexure – A. The Purchaser shall not raise any objections for non-receipt proceeds from the sale of such an intimation and delay Restricted Stock or the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour end of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned hereinguarantee period, whichever occurs first, the entire balance outstanding as Seller shall be obligated to release the guaranty and liens on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned Assets purchased herein. The Purchaser Further, the Seller shall have the option to retain the stock at the end of the two year guarantee, although the Seller shall be liable obligated to pay release the balance outstanding within 15 days of receiving an intimation from guaranty and liens on the Vendor as to completion Assets set forth in the UCC-1 at the end of the Scheduled Flat, notwithstanding the installments and due dates mentioned aboveguarantee period.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Payment Terms. 8.1 That The Monthly License Fee shall be paid monthly in arrears within fifteen (15) days of receipt of invoice raised by STAR (“Due Date”) on the Purchaser in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale basis of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etcReport provided by DTHO to STAR without any deduction except deduction of withholding tax/TDS as provided in this Agreement.
8.2 That the Purchaser in pursuance Within seven days of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage end of construction for payment of the installments given herein in writing to their last known address or by emaileach month, the details DTHO shall provide opening, closing and average number of Subscribers for that month, based on which are given in Annexure – A. The Purchaser STAR shall not raise any objections for non-receipt an invoice on the DTHO. In case the DTHO fails to send the Report within the said period of such an intimation and delay seven (7) days, STAR shall have the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same right to raise a provisional invoice and the Purchaser DTHO shall pay such installments on or before the due dates. The Purchaser shall not be entitled under obligation to pay the said sale consideration License Fee on the basis of such provisional invoice in accordance with the terms of this Clause 8.2. However the provisional invoice shall be for an amount not more than the Monthly License Fee payable by way the DTHO for the immediately preceding month. On receipt of cash.
8.4 In case the Scheduled Flat is completed before Report from the scheduled date of completion / delivery mentioned hereinDTHO, the entire balance outstanding as Parties would conduct reconciliation between the provisional invoice raised by STAR and the Report sent by the DTHO. In the event, the DTHO habitually defaults in timely submission of Reports on such date Report Deadline (defined later) which causes delay in raising of completion shall become invoices by STAR and consequent delay in payment of License Fee due and payableto the lapses on the part of the DTHO, notwithstanding the installments and due dates mentioned herein. The Purchaser DTHO shall be liable to pay to STAR fair pre estimate damages to the balance outstanding within 15 days tune of receiving an intimation from Rs. 1,00,000/- (Rupees One Lakh only) per day for the Vendor as to completion delay in submission of Report computed on daily basis after the Report Deadline.
8.3 Time is of the Scheduled Flatessence of this Agreement by which DTHO shall be required to make payments by the Due Date in accordance with the terms hereof and on Due Date, notwithstanding and any failure to do so on the installments and due dates mentioned above.
8.5 That part of the Purchaser at his discretion and cost may avail housing loan from bank / financial institutionsDTHO shall constitute a material breach hereunder. The Purchaser Late payments shall endeavour to obtain necessary loan sanctioned within 30 days also attract interest calculated from the date payment was due until the date payment is made in full at a pro rata monthly rate of provisional booking2%. The Vendor shall under no circumstances be held responsible for non-sanction imposition and collection of interest on late payments does not constitute a waiver of the loan DTHO’s obligation to pay the Purchaser for whatsoever reason. The payment of installments to the Vendor License Fee by the Purchaser Due Date, and STAR shall not retain all of its other rights and remedies under the Agreement. DTHO shall in addition to such interest shall also be linked with housing loan availed / liable to be availed by pay the Purchaserapplicable GST on the same.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely 8.4 All payments from such financier due to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained STAR under this Agreement shall become operativebe made in India in Indian Rupees. All License Fee payments hereunder are exclusive of all applicable indirect taxes including all and any service taxes, VAT, Goods and Services Tax (GST), works contract taxes, customs duties, charges, levies excise duties, entertainment taxes and other such taxes. All such taxes shall be at DTHO’s cost and will be charged at the prevailing rates by STAR to the DTHO.
8.7 That 8.5 If payment of the License Fee is subject to deduction of any withholding tax/TDS in accordance with the provisions of the Indian Income Tax ▇▇▇ ▇▇▇▇, as amended, the DTHO shall provide tax withholding certificates to STAR within such period as has been specified in the Income Tax Act/ Rules/ Notifications/ Circulars issued thereunder.
8.6 All payments from the DTHO to STAR under this Agreement shall be paid either by (i) Demand Draft in favour of 'STAR India Private Limited', payable at its head office or any other place that may be specified by STAR in writing from time given to time; or (ii) electronic wire transfer into the STAR’s Bank Account details of which shall be provided to DTHO from time to time, accompanied by documentary evidence certified by the DTHO’s bank that the payment has been transferred to the Purchaser for fulfillment of his obligations hereunder STAR’s bank account or (iii) any other mode as intimated by STAR. 8.7 For all payments, including on-account payments made by the Vendor or DTHO to STAR, the nominee DTHO shall intimate their Goods & Services Taxpayer Identification Number (“GSTIN”) and details of the Vendor shall not be considered invoices against which such payments are being made to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etcSTAR., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Subscription License Agreement
Payment Terms. 8.1 That the Purchaser a) BHEL’s standard payment term is Payment after receipt and acceptance of materials / items at HEEP, BHEL-Store or at desired destination unless otherwise specified in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, Special Terms attached to the Vendor which is hereby admitted and acknowledged by tender enquiry.
b) BHEL reserves the Vendor. The installments received right to accept or reject the offer of the bidder who quotes the payment term other than BHEL’s standard payment term.
c) Loading on account of deviation in payment terms shall be done as per extant rules of BHEL-Haridwar.
d) 100% payment along with taxes, freight & insurance will be appropriated first towards the consideration for sale made after receipt and acceptance of the Scheduled Flat material and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 75 days from the date of provisional bookinginvoice subject to submission of non- discrepant documents within 15 days of supply as per terms and conditions of Purchase Order. The In case any discrepancy found in the documents, BHEL will notify the same to vendor within 7 days of receipt. Vendor shall has to clear all the discrepancies in one go within 7 days thereafter else the payment of vendor may get delayed.
e) For MSEs (covered under no circumstances MSME Act) which are registered and periodically renewed with BHEL, the payment will be held responsible for non-sanction made within 45 days or as prescribed in the relevant act.
f) Adherence to the above time schedule of payment is contingent upon Vendor complying with GST Rules w.r.t availment of Input Tax Credit by BHEL.
g) In case GST credit is delayed / denied to BHEL, due to non / delayed receipt of goods and / or tax invoice or expiry of the loan to the Purchaser timeline prescribed in GST Law for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/availing such ITC, or any other scheme reason not attributable to BHEL, GST amount shall be recoverable from Vendor along with interest levied / leviable on BHEL.
h) The taxes and duties that are reimbursed would be the ones applicable as on the contractual Purchase order delivery date or the amount actually paid whichever is less.
i) The loading criteria for the purchase of Schedule flat and different payment of sale consideration under this Agreement, it terms shall be as under; Payment Terms Days of Loading After Receipt & Acceptance of material within 75 days of supply. No Loading Against Delivery at BHEL-Stores Haridwar. 45 Against documents through bank (CAD): 45 Letter of Credit (LC) 120 Usance LC No Loading if usance period is > 120 Days. Loading of days’ difference i.e. difference between 120 days and usance period if the sole responsibility of the Purchaser for timely payments from such financier to the Vendorusance period is < 75 days. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operativeAdvance Delivery Period + 120 Days - Advance Payment Days.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Framework Confidentiality Agreement
Payment Terms. 8.1 That A payment of interest only for the Purchaser period from and including the first date on which principal is advanced to Borrower on this Note to and including July 5, 2005 will be reserved and paid to Lender on the first date on which principal is advanced to Borrower on this Note. Commencing with Payment Date in pursuance August, 2005, and on each and every Payment Date thereafter, Borrower shall pay to Lender interest on the outstanding principal balance of this agreement has Note for the Interest Accrual Period ending immediately prior to such Payment Date at a rate of five and fifteen one-hundredths percent (5.15%) per annum (the “Interest Rate”). Interest accruing for the first Interest Accrual Period will be reserved and paid an advance amountto Lender on the first date on which principal is advanced to Borrower on this Note. Interest payable hereunder shall be computed on the basis of a 360-day year and the actual number of days elapsed. All payments made by Borrower hereunder or under the other Loan Documents shall be made irrespective of, and without any deduction for, any setoffs or counterclaims. THIS IS A BALLOON NOTE REQUIRING NO SCHEDULED INSTALLMENT PAYMENTS OF PRINCIPAL. Except as otherwise specifically provided in this Note, all payments and prepayments shall be made to Lender not later than 11:00 a.m., New York City time, on the details of which are given date when due and shall be made by wire transfer in Annexure – A, federal or other immediately available funds to the Vendor which is hereby admitted and acknowledged account specified from time to time by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor▇▇▇▇▇▇. Any default in payment funds received by ▇▇▇▇▇▇ after such financier to the Vendor time shall be deemed to have been paid on the next succeeding Business Day. ▇▇▇▇▇▇ shall notify Borrower in writing of any changes in the account to which payments are to be made. If the default by amount received from Borrower (or from the Purchaser Cash Management Bank) is less than the sum of all amounts then due and payable hereunder, such amount shall be applied, at ▇▇▇▇▇▇’s sole discretion, toward the components of the Debt (e.g., interest, principal and other amounts payable hereunder), the Loan and the consequence Note Components in such sequence as regards default Lender shall elect in payments its sole Archon Financial, L.P. Deed of Trust Note ▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇ discretion, or toward such other obligations of Borrower under the Loan Documents, and in such sequence, as contained under this Agreement Lender shall become operativedetermine in its sole discretion.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Payment Terms. 8.1 That Customer shall pay TradeRev or TradeRev Partner (if applicable) the Purchaser Total Payment Amount by 8:00 PM (Eastern time) the day the Vehicle is marked “Arrived” in pursuance the TradeRev System (the “Payment Due Date”). For Customers who elect to participate in the TradeRev Pro monthly subscription plan, subscription fees are due and payable in advance on the sign‐up date (the “Subscription Fee Due Date”). (For example, if you signed up for TradeRev Pro on the 14th of this agreement has paid an advance amountMay, your first payment would be due on May 14th and all other payments would be due on the details 14th of which are given each month thereafter). TradeRev Pro subscribers will automatically be charged the monthly subscription in Annexure – Aaccordance with their credit card authorization instructions. The Subscription Fee is not pro‐rated for partial months. For all other amounts owing, payment shall be made in Canadian dollars by electronic funds transfer, by a pre‐ approved floor plan financing arrangement acceptable to TradeRev, or such other payment method approved by TradeRev (each a, “Payment Instrument”). For Customers signed up for Auto Pay, funds owing will be automatically debited using the Vendor which is hereby admitted and acknowledged default payment method selected by the VendorCustomer if payment is not received by the Payment Due Date For Customers not signed up for Auto Pay, TradeRev will deduct the amounts via EFT. The installments received TradeRev reserves the right to specify the type of Payment Instrument it will be appropriated first towards the consideration for sale accept from Customer where payment is made to TradeRev or a TradeRev Partner. In addition to whatever rights of the Scheduled Flat and thereafter towards set‐off TradeRev may have in any jurisdiction where Vehicles are sold, if Customer or any party affiliated with Customer (each a “Customer Affiliate”) fails to pay Fees or other charges like taxesamounts owing when due to TradeRev or any TradeRev Partner, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not TradeRev will be entitled to immediately set off the amount owed by Customer and/or Customer Affiliate from any funds owing by TradeRev to Customer and/or Customer Affiliate. In addition, if you fail to pay the said Total Payment Amount by the Payment Due Date or the monthly subscription fee by the Subscription Fee due Date, we may: (a) electronically debit your bank account or floor plan account in accordance with the default payment method selected by you under your Automatic Payment Plan; (b) deduct the amount owing from any amounts payable by TradeRev to you; (c) retain possession of any Vehicles owned or controlled by Customer or Customer Affiliate; (d) withhold title documents until all amounts owed have been paid; (e) cancel the sale consideration transaction; (e) charge late payment fees, and/or charge interest on any past due amounts at the rate of one and one half (1.5%) percent per month (18% per year) or the maximum rate allowed by way of cash.
8.4 In case law, whichever is less; and/or (f) pursue any other remedy or relief permitted by law. Any Payment Instrument withdrawn, rejected or returned for non‐sufficient funds (“NSF”) must be settled and replaced immediately. NSF transactions will be subject to a service charge up to the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion maximum amount allowed by law and shall become be immediately due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable You agree to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as all costs including, without limitation, legal fees and disbursements, court costs and other expenses reasonably incurred by TradeRev or a TradeRev Partner to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned abovecollect any monies owing by you.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Terms and Conditions
Payment Terms. 8.1 That Not later than the Purchaser last business day of each month[Not later than ten (10) business days after the completion of all activities and the performance of all services], VENDOR shall submit to COMMISSION invoices[an invoice] for actual activities completed and services performed and the expenses incurred and paid by VENDOR (“actual expenses”) pursuant to this Agreement. The invoices[invoice] shall describe in pursuance detail the services or products provided, rates, quantities and total amount, as applicable. VENDOR shall address all invoices to the COMMISSION staff per the instructions provided on the invoice form provided to VENDOR from COMMISSION. COMMISSION shall review each[the] invoice and notify VENDOR in writing within ten (10) business days after receipt of a properly completed invoice of any disputed amounts. COMMISSION shall pay VENDOR all undisputed invoice amounts within thirty (30) calendar days of COMMISSION’s receipt of a timely submitted invoice up to the not to exceed amount set forth in Section III of this agreement has paid an advance amount, Agreement. COMMISSION shall make checks payable to VENDOR or the details Payee listed in Paragraph J of which are given in Annexure – A, Section VII. If VENDOR fails to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments timely submit a properly completed invoice on or before the due dateslast business day of a month in accordance with this Section IV, COMMISSION shall process the late invoice in the subsequent month from COMMISSION’s date of receipt. The Purchaser COMMISSION shall make final payment in accordance with the provisions of this Section IV and upon VENDOR’s satisfactory completion of all activities and performance of all services. COMMISSION shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to invoice amounts on any invoice received by COMMISSION more than ninety (90) calendar days following the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaserinvoice due date.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Vendor Agreement
Payment Terms. 8.1 That All Payments are due in US Dollars. All payments are due Net 30 days (with approved credit) from invoice date. Invoice dates shall be based on shipment dates unless both Buyer and Seller have agreed to specific project invoicing milestones. Sales orders in excess of $5,000 must be supported by a hard copy Purchase Order. Payments from Buyer to Seller shall not be contingent upon payment from any third party to Buyer and the Purchaser in pursuance payment obligations of this agreement has paid an advance amountBuyer to Seller shall remain unimpaired regardless of disputes which may arise between Buyer and third parties or Buyer and Seller. Payments may be made by either check or wire transfer. Seller shall have the option of billing for partial shipments delayed by Buyer. Payments are payable on the terms set forth herein without deductions for counterclaims, the details of back charges, set-offs, other accounts between Seller and Buyer, which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will shall be appropriated first towards the consideration for sale settled independently of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing invoice, or any other charges or claims of Buyer whatsoever. Progressively invoiced based upon equipment shipment 30% Invoiced at order placement 70% Progressively invoiced based upon equipment shipment 30% Invoiced at order placement 40% Invoiced upon ▇▇▇▇▇▇’s submittal of general dimension drawings for Buyer’s approval 30% Progressively invoiced based upon equipment shipment Sales under $50,000 shall be approved on a secured basis as determined by Management. For orders $50,000 and over, payment terms are 30% of total order value due to Seller with Purchase Order with remaining balance due on a secure basis acceptable to Seller or via irrevocable standby letter of credit to be issued with Purchase Order and payable on sight. Seller will provide their last known address or by email, the details document “Letter of which are given in Annexure – A. The Purchaser shall not raise any objections Credit Requirements” for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour Buyer to generate a draft of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer letter of credit for ▇▇▇▇▇▇’s review and obtain receipt approval before issuance. Seller reserves the right to require full payment before production, shipment, delivery, or installation for any reason within its sole discretion. A finance charge of 2% per month (or up the same and the Purchaser shall pay such installments maximum amount permitted under applicable state law) will be assessed on or before the all past due datesbalances. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser Buyer shall be liable to pay the balance outstanding within 15 days for all of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments Seller’s collection costs (including attorneys’ fees and due dates mentioned aboveexpenses).
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Payment Terms. 8.1 That 5.1 Unless stipulated otherwise in the Purchaser Contract, the Counterparty shall furnish the Invoice to Nafta after implementing the Performance, within the period set out in pursuance the Contract, otherwise at the latest in 5 working days after implementing the Performance. Should the Invoice not contain the particulars pursuant to these Terms and Conditions, Nafta shall be entitled to return the invoice to the Counterparty without payment. In such case, the Invoice maturity period shall cease to lapse and the new maturity period shall commence from the date of receipt of a corrected (new) Invoice meeting the requirements of generally binding legal regulations and these Terms and Conditions.
5.2 Unless stipulated otherwise in the Contract, or set out otherwise by the applicable legal regulations or a court or administrative order, payments shall be made in full, in Euros (EUR), and at the latest on the due date of the Invoice. Unless stipulated otherwise in the Contract, the Invoices shall be due in 60 days from the day of receipt thereof by ▇▇▇▇▇.
5.3 The bank details of the Counterparty indicated on the Invoice must be identical with the bank details notified by the Counterparty. Otherwise, ▇▇▇▇▇ shall be entitled to return the Invoice to the Counterparty for removal of discrepancies, unless the Counterparty asks ▇▇▇▇▇ at the latest concurrently with sending the Invoice for a change of bank details by an official request signed by a person authorized to act on behalf of the Counterparty.
5.4 The settlement date of Nafta’s financial obligation shall be the date the owed amount is debited from Nafta’s account. Should, during the period of effect hereof, the Counterparty change the account number, to which Nafta is obligated to pay the owed performance but does not deliver notification to Nafta about such fact pursuant to the previous paragraph, ▇▇▇▇▇’s obligation shall be considered fulfilled regardless of whether the financial means are credited or not to the Counterparty’s account.
5.5 Should the invoice due date fall on a Non-working Day, the Invoice shall be due on the next following working day.
5.6 Upon Invoice payment, Nafta shall bear solely the bank fees associated with the debiting of the owed amount from Nafta’s bank account, charged by the bank where such bank account is held.
5.7 In case that, at any time after conclusion of the Contract:
a) reasons occur at the Counterparty for cancellation of registration for value added tax under Section 81(4)(b)(2) of the Act No. 222/2004 Coll. on Value Added Tax, as amended (hereinafter the “VAT Act”), and/or the Counterparty is published in the relevant list of persons maintained by the Financial Directorate of the Slovak Republic, or
b) the statutory body, a member of the statutory body or a partner of the Counterparty becomes the statutory body, a member of the statutory body or a partner of Nafta, or
c) the Counterparty enters into the liquidation, or bankruptcy or restructuralization proceedings are commenced against the Counterparty the Counterparty shall notify Nafta of this agreement has paid an advance amountfact in writing within 3 days from occurrence of this fact. Should the Counterparty fail to notify Nafta in writing of any of the facts specified in (a), (b) and (c) above, Nafta shall be entitled to compensation of any damage due to Counterparty’s failure to fulfill the details of which are given notification duty, in Annexure – Aparticular, to compensation of value added tax which Nafta, as a guarantor, paid instead of the Vendor which Counterparty pursuant to Section 69(14) and Section 69b of the VAT Act.
5.8 The Parties have also agreed that, if any of the facts specified in (a), (b) and (c) of 5.7 exists (is hereby admitted and acknowledged fulfilled) at the moment of conclusion of the Contract or arises (occurs) at any time after conclusion of the Contract, Nafta shall have the right to retain the sum equal to the amount of value added tax shown on the respective invoice from the due parts of the Price invoiced by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etcCounterparty.
8.2 That the Purchaser in pursuance of this agreement 5.9 Nafta shall pay the balance consideration retention money to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned Counterparty within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction moment when the Counterparty proves that the value added tax was paid to the tax office in the full amount.
5.10 In case that Nafta, as a guarantor pursuant to Section 69(14) and Section 69b of the loan VAT Act, pays the
5.11 The Counterparty not having a tax domicile in the Slovak Republic shall be obligated to submit to Nafta, at the latest concurrently with the conclusion of the Contract, the officially verified confirmation by the respective tax (financial) authority on tax domicile (residency).
5.12 Should Nafta be obligated, pursuant to any double taxation avoidance treaty and/or treaty on prevention of income/property tax evasion between the Slovak Republic and a country, in which the Counterparty resides, and Act No. 595/2003 Coll. on Income Tax, to withhold the tax, Nafta shall do so forthwith and shall reduce by such amount the payment made to the Purchaser for whatsoever reason. The Counterparty.
5.13 In the event of payment of installments withholding tax in the territory of the Slovak Republic, Nafta shall send to the Vendor Counterparty the confirmation issued by the Purchaser tax (financial) authority on payment of withholding tax in the territory of the Slovak Republic.
5.14 The Counterparty shall be responsible and shall not be linked exercise towards Nafta any claims with housing loan availed / respect to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase calculation, filing of Schedule flat reports and tax returns and payment of sale consideration under this Agreement, it shall be the sole responsibility all tax liabilities of the Purchaser for timely payments from such financier Counterparty, including income tax, VAT, excise tax and other taxes, fees, contributions or applicable fines, penalties, or interest, to arise to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence Counterparty as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee a result of the Vendor shall not be considered to be a waiver Contract as per any jurisdiction, within the Slovak Republic or outside of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etcit., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Payment Terms. 8.1 That 6.1 The Seller shall charge the Purchaser purchase price of the delivered Goods by the invoice issued on the basis of the delivery note, bill of loading (CIM, CMR) or the Ship’s Bill of Lading (in pursuance case of this agreement has paid an advance amountbarges transport). The Seller shall issue the invoice in a printed form or electronically if so previously agreed with the Buyer in writing.
6.2 The Buyer undertakes to pay the particular purchase price in due time specified in the Contract and in the invoice. The payment is fulfilled when the amount is credited to the Seller’s account. If the due date falls on a weekend or on a bank holiday in the Slovak Republic, the details first previous Slovak working day will be considered as the due date. In the case of the payment of the several invoices, also partially, by one payment the Buyer shall be obliged to send to the Seller the specification of the payment and the invoices paid. Should the specification not be sent, the Seller is entitled to primarily match the payment with all outstanding default interest invoices, penalisation invoices and subsequently all unpaid invoices starting from the oldest. In the case when the payment term is agreed as payment in advance, partial payments are not allowed.
6.3 If the Buyer is in delay with the payment duties to any member of the MOL Group, the Seller shall be entitled to retain the non-fulfilled deliveries of the Goods until the debt is paid and it shall not mean a breach of the Contract or a termination of the right to withdraw from the Contract immediately. The Seller shall provide the list of the MOL Group members on demand of the Buyer.
6.4 The Buyer shall be advised that it is of outmost concern for the Seller, without any loss of business trust, to ensure solvency of any of its buyers and that such shall not be impaired throughout the term of the Contract by and between the Parties. On that ground, the Seller shall be making regular assessment of the Buyer’s credibility, liabilities and financial stability to minimize any potential risk of having increased overdue receivables with the Buyer.
6.5 On grounds under Article 6.4 the Buyer shall agree with the Seller’s right to set, in accordance with its internal rules of customer assessment, the Buyer’s Credit Limit. The Seller shall be obliged to deliver the Goods only up to the level of the disposable Credit Limit. Disposable Credit Limit represents Credit Limit stated in the Contract decreased by value of invoices within and after their payment term, deliveries which are given not yet invoiced and confirmed orders of the Buyer. Should the value of any new order be higher than disposable Credit Limit, the Seller is obliged to deliver the Goods only in Annexure – Acase that the Buyer pays liabilities in such extent that the disposable Credit Limit is sufficient for covering the value of the new order. In the case that the Buyer fails to do so in the stipulated period, the Seller is entitled to withdraw from the confirmed order, or from its part and not to deliver the Goods to the Buyer and a such a withdrawal from a confirmed order shall not constitute a breach of the Contract by the Seller and shall not constitute any claims for any kind of damages of the Buyer (actual damages and/or loss of profit) based on such refusal of delivery of Goods. The Seller shall inform the Buyer about the amount of disposable Credit Limit allocated to the Buyer at any time during the term of the Contract on demand of the Buyer.
6.6 The Seller shall have the right to request from the Buyer, any time during the term of the Contract, including any time prior to concluding such contract, securitization of the Buyer’s liabilities (payment of purchase price and any interest accrued thereon) arising out of deliveries of the Goods under the Contract; the form, acceptability and the amount of security of the Buyer’s liabilities from its commercial relationships with the Seller to be proposed by the Buyer shall be decided by the Seller, including, preferably and in particular, bank guarantee as the Seller may find acceptable, letter of credit or money deposit payable to the benefit and account of the Seller, security interest in real estate property or any other safe and sound security as the Parties may determine by their mutual agreement. Validity of the security must be by 15 working days longer than the due date of the last possible invoice. In case that the validity of provided financial security expires during the validity of the Contract, the Credit Limit will be suspended for the period equal to the maturity of the last possible unpaid invoice issued by the Buyer and increased by 15 days before the expiration date of the provided guarantee. Prior to the agreed delivery date, the Buyer is obligated to deliver, on reasonably prior notice, to the Vendor which Seller documents demonstrating that payment of purchase price and/or interest thereon is hereby admitted secured in the manner and acknowledged in the amount as agreed by the VendorParties under Article 6.6 above, failing which obligation, Seller shall have the right to retain pending deliveries of Goods ordered by the Buyer under concluded Contract until and unless the documents to meet that obligation are submitted as requested by the Seller, whereupon such action by the Seller shall not be deemed breach of the Contract and/or the Seller‘ right to withdraw from the Contract, shall not terminate and/or give rise to any claim of damages (liquidated damages or lost profit) by the Buyer. Where requested prior to concluding the Contract, the Buyer is obligated to submit documents under this paragraph on reasonably prior notice before the agreed first delivery date, failing which obligation, the Seller shall have the right to refuse conclusion of the Contract.
6.7 The Buyer acknowledges that the Seller is entitled to require insurance company, credit agency, or a third party to provide insurance cover for any receivables of the Seller arising from the Contract, as well as companies providing business information and credit risk assessment. For this purpose, the Seller is entitled to ask and the Buyer agrees to provide its financial statements and other reports and data.
6.8 Should the Buyer fail to secure its payment of purchase price in the manner and amount as required by the Seller on an additional grace period provided by the Seller, the Seller shall be able to withdraw from the Contract; the Seller shall have no obligation to provide any such additional grace period for the agreed security.
6.9 In the event that the Seller should request the Buyer, as provided above, to secure its receivables with the Buyer from concluded or prior to concluding the Contract and the Buyer should be unable to provide security as desired, any further performance of concluded Contract or conclusion of the Contract by Seller shall be thereafter precluded provided the Buyer agrees to make all payments prior to receiving deliveries of Goods (advance payment).
6.10 Seller is entitled to modify the amount of the Credit Limit, or unilaterally withdraw from the Contract without Buyer’s consent in case it has negative information on Buyer’s financial condition or solvency. The installments received will be appropriated first towards following are considered especially as negative information: - If the consideration for sale Buyer or its related company or any other company of the Scheduled Flat and thereafter towards other charges like taxesBuyer’s founded/owner, registration chargesor if any company of the close relative of the Buyer’s founder/owner doesn’t fulfill its payment obligation arising out of any contract concluded with the Seller or any Member of the MOL Group by the due date; - If the soundness of the Buyer has worsen according to any credit agency or insurance company, interestor the internal assessment model of the Seller; - If a legal process (e.g. litigation, bankruptcy, liquidation, execution, etc.) was initiated against the Buyer, or its related company or if any other company of the Buyer’s founded/owner, or if any company of the close relative of the Buyer’s founder/owner of the Buyer, and such a process affects the soundness of the Buyer and it comes to the Seller’s knowledge; - If an out of court collection was initiated against the Buyer, or its related company or if any other company of the Buyer’s founded/owner, or if any company of the close relative of the Buyer’s founder/owner of the Buyer, and it comes to the Seller’s knowledge; - If Buyer’s ownership structure has changed which could affect its reputation in a negative way.
8.2 That 6.11 In case of payment in advance, and if such advance payment is in excess of the Purchaser in pursuance of this agreement shall pay really invoiced Goods, the Buyer is entitled to request the positive balance to be returned to an indicated account defined by IBAN and SWIFT Code. The Seller is obliged to return the balance consideration within 60 calendar days after receiving such the request and settlement of the final invoice for the delivered Goods. The Seller is entitled to retain or decline the return of the balance if the Buyer has a debt towards the Seller from a different transaction or another member of SLOVNAFT/MOL Group. Should the Buyer not request the return of such balance as in the above, the Seller is entitled to use the balance for compensation of differences arising from different payment obligations of the Buyer toward the Buyer or return it to the Vendor account from which the original payment had been transferred.
6.12 The Parties agreed that the Seller is entitled to set-off its overdue receivables as per well as overdue receivables acquired by assignment from the payment schedule given in Annexure –A. The Vendor shall intimate another member of SLOVNAFT / MOL Group without the Purchaser the stage of construction for payment consent of the installments given herein Buyer against any receivables due the Buyer has against the Seller. The Seller is entitled to inform the Buyer about the set-off in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that countwriting.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 6.13 In case the Scheduled Flat currency agreed in the Contract is completed before other than currency EURO, all charges arising in connection with the scheduled date transaction shall be born by the Buyer. In case the currency agreed in the Contract is EURO, all charges arising in connection with the transaction outside the Buyer’s country shall be born by the Seller. No deduction from the amount of completion / delivery mentioned hereinthe submitted invoice – for whatever reason – will be admitted, unless otherwise agreed by the entire balance outstanding Parties in writing.
6.14 The Buyer shall bear the charges of the Buyer’s bank; any other costs to be charged by any other (corresponding and beneficiary) bank participating in the transaction shall be born by the Seller.
6.15 Parties are entitled to unilaterally change the bank account number or bank, and inform in advance the other Party about this change, while the other Party shall provide the payment to the new bank account number. These changes will not affect the maturity of any issued invoice.
6.16 If the Buyer fails to pay any amount payable on its due date, it is regarded as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned hereinlate payment. The Purchaser Buyer shall be liable to pay a default interest (interest on late payment) on the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme overdue amount for the purchase period of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.delay
Appears in 1 contract
Sources: Sales Contract
Payment Terms. 8.1 That a. When you purchase a Subscription Plan, you must provide accurate and complete information for a valid payment method that you are authorized to use. You must promptly notify us of any change in its invoicing address and must update its Account with any changes related to its payment method. BY COMPLETING REGISTRATION FOR A SUBSCRIPTION PLAN, YOU AUTHORIZE US OR OUR AGENTS TO CHARGE ITS PAYMENT METHOD ON A RECURRING (E.G. MONTHLY OR YEARLY) BASIS (“AUTHORIZATION”) FOR: (a) THE APPLICABLE SUBSCRIPTION PLAN CHARGES; (b) ANY AND ALL APPLICABLE TAXES; AND (c) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE DOCUX SERVICES. The Authorization continues through the Purchaser applicable Subscription Term and any Renewal Term until you cancel the same.
b. We will provide billing and usage information to you at the time of your selection of the respective Subscription Plan. We reserve the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment. You agree to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your invoice. If You do not bring such problems/discrepancies to our attention within thirty (30) days, you agree to waive your right to dispute such discrepancies.
c. Except as expressly set forth anywhere in pursuance these Terms, all fees are non-refundable. You are required to pay any sales, use, GST, value-added, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on our income. You hereby confirm that we can rely on the name and address set forth in its registration for a Subscription Plan as being the place of this agreement has supply for Tax purposes. You must make all payments without any setoffs, withholdings, or deduction of any kind. Any late payments will be subject to a service charge equal to 1% per month of the amount due or the maximum amount allowed by law, whichever is less. You will reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by us to collect any amount that is not paid an advance amountwhen due. Amounts due to us may not be withheld or offset by you for any reason against amounts due from us.
d. You agree to notify us of any changes to your Account information, the details Credit Card closure or termination of which are given in Annexure – A, any Authorization at least thirty (30) days prior to the Vendor which is hereby admitted immediately subsequent billing date. We may, without liability to anyone, disable the password, Account and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale access to all or part of the Scheduled Flat DocuX Services if any payment is not received within thirty (30) days after such payment first becoming due and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That payable under the Purchaser in pursuance of this agreement shall pay Terms. In the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment event of the installments given herein in writing to their last known address or by emailforegoing, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser we shall not be entitled obligated to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion provide any and/or all of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost DocuX Services until such fees are paid in full. Accounts that have been terminated may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The reactivated if valid payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser information is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser entered and the consequence as regards default in payments as contained under this Agreement shall become operativecredit card can be successfully processed for all charges accrued on the Account since the failed credit card charge.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Terms of Service
Payment Terms. 8.1 That a. Recurring Charges towards rent and cost per page shall be paid on submission of invoice on quarterly basis based on actual usage at the Purchaser Head Office/respective Regional Offices/LCBs through electronic mode in pursuance Indian Rupees(INR) under which printers have been installed.
b. Payment will be based on the actual pages printed and payment will be made quarterly in arrears at Head Office/Regional Office/LCB level.
c. Vendor has to provide detailed complaint reports (along with date of this agreement has paid an advance amountraising complaint, the details of which are given complaint, closure date, total down time, comments if any) as detailed in Annexure – A, Section 17. SLA ,Support Window and Downtime Report.
d. Vendor is obliged to provide service for 5 years irrespective of the number of pages printed.
e. All payments will be made to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etcin Indian Rupees only.
8.2 That f. All out of pocket expenses, travelling, boarding and lodging expenses for the Purchaser in pursuance entire term of this RFP and subsequent agreement shall pay is included in the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same amounts and the Purchaser shall pay such installments on or before the due dates. The Purchaser VENDOR shall not be entitled to pay the said sale consideration charge any additional costs on account of any items or services or by way of cashany out of pocket expenses, including travel, boarding and lodging etc.
8.4 In case g. The company also reserves the Scheduled Flat is completed before right to prescribe additional documents for the scheduled date release of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due payments and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of shall comply with the Scheduled Flat, notwithstanding the installments and due dates mentioned abovesame.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. h. The Vendor shall cover the entire scope of services mentioned and deliver all the ‘deliverables’ as mentioned under no circumstances the Scope of Work.
i. No advance payment shall be held responsible for non-sanction made in any case.
j. Any delay in achievement of the loan to milestones or deliverables will result in further delay of the Purchaser for whatsoever reason. payment by invoking penalty clause.
k. The payment of installments Vendor recognizes that all payments to the Vendor by under this RFP and subsequent agreement are linked to and dependent on successful completion of delivery and installation/commissioning/ deemed installation of the Purchaser Laser printers as set out in the project plan and therefore any delay in achievement of such milestones / deliverables / activities shall not be linked with housing loan availed / to be availed by the Purchaserautomatically result in delay of such corresponding payment.
8.6 That l. All bills in the event the Purchaser is arrangingoriginal along with delivery challan and installation report should be submitted at Head Office-IT/has arranged finance under housing finance scheme/or any other scheme respective Regional office for the purchase of Schedule flat and releasing payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operativebefore submitting First quarter invoice.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Supply Agreement
Payment Terms. 8.1 That Payment terms are those specified on the Purchaser Company’s quotation(s). No deviations from those payment terms will be accepted unless by written agreement of the Company Failure to make payments, to establish Letters of Credit (“LC’s”) or Standby Letters of Credit (“SBLC’s”) at the specified or agreed to times shall afford the Company the right to suspend the Purchase Order until all overdue payments, LC’s or SBLC’s are received and also nullifies any delivery promises agreed upon and/or as written in pursuance of this agreement has paid an advance amountthe Purchase Order. For failure to make payments at the specified or agreed to times, the details Company will provide the Buyer seven (7) days written notice of which failure to pay. At ten (10) days past payment due date, the Company shall have the right to suspend work until all overdue payments are given received including to charge for any additional costs incurred and also nullifies any delivery promises agreed upon and/or as written in Annexure – Athis proposal. If the Buyer has past due invoices outstanding through no fault of the Company concurrent with a scheduled shipment, the shipment will be delayed until the Buyer is current without penalty to the Vendor which is hereby admitted and acknowledged Company. Should the delay in payment exceed 60 days, the Company may consider the Purchase Order terminated for the Buyer’s convenience by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration sending a written notice to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same Buyer and the Purchaser Company shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay receive compensation from the said sale consideration Buyer for all works carried out before such termination including all costs and expenses in relation with the Purchase Order incurred as a result of such termination. The Company reserves the right to invoice for partial shipments when such shipments are in concert with the agreed upon shipment schedules, are at the Buyer’s request, or substantially complete the Purchase Order. Should milestone dates change subject to mutual agreement by way the Buyer and the Company, payment dates must be adjusted in concert with those changes consistent with the structure and timing agreed to in the Purchase Order. In the event any bank fees arise in connection with fulfillment of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein▇▇▇▇▇’s order, the entire balance outstanding as on such date of completion shall become due Company and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held Buyer are responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchasertheir respective bank fees.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Payment Terms. 8.1 That the Purchaser in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour endeavor to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat Flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Sale Agreement
Payment Terms. 8.1 That Where the Purchaser Consultancy is retained on a Retainer Appointment , Fees shall be invoiced quarterly in pursuance advance. Where the Consultancy is employed on a single Campaign Appointment, Fees and House/Office Expenses shall be invoiced in accordance with the schedule set out in the Letter of this agreement has paid an advance amount, the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etcAppointment.
8.2 That the Purchaser Programme Costs shall be invoiced monthly in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that countarrears.
8.3 That the Purchaser Incidental Costs shall pay the installments as mentioned above regularly be invoiced quarterly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of casharrears.
8.4 In case Subject to Clause 8.6, all invoices rendered by the Scheduled Flat Consultancy shall be due and payable immediately.
8.5 All sums shall be payable in full without deduction, withholding or set-off If the Consultancy is completed before the scheduled date required to make a cost commitment or payment in excess of completion / delivery mentioned herein£1,000 in order to complete an agreed Campaign, the entire balance outstanding as on such date of completion Client shall become due and payable, notwithstanding be required to provide the installments and due dates mentioned herein. Consultancy with sufficient funds prior to the payment or commitment being made.
8.6 The Purchaser Client shall be liable to pay statutory interest on any overdue amount at the balance outstanding within 15 days rate prevailing under The Late Payment of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutionsCommercial Debts (Interest) ▇▇▇ ▇▇▇▇. The Purchaser Interest shall endeavour to obtain necessary loan sanctioned within 30 days accrue on a daily basis from the date payment becomes due until the date that the Consultancy has received payment of provisional bookingthe overdue amount together with all accrued interest. The Vendor shall under no circumstances be held responsible for non-sanction Consultancy, and/or persons or companies acting on its behalf, or as agents, reserve the right to charge and recover all costs incurred in connection with the pursuance and/or recovery of the loan outstanding monies and property.
8.7 The cost to the Purchaser Consultancy of Resources or services purchased overseas for whatsoever reason. The payment the Services may be more or less than the cost anticipated at the date when the Consultancy ordered the relevant Resources or services (or obtained the Client’s approval for such costs) as a result of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That fluctuations in the event rate of currency exchange. If so, the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme Consultancy shall charge the Client at the rate of currency exchange in operation on the date the Consultancy pays for the purchase of Schedule flat and payment of sale consideration under this Agreementrelevant Resources or services, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor which shall be deemed to be the default by closing mid-point rate in London for that day as subsequently quoted in the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operativenext published edition of The Financial Times.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Terms and Conditions of Business
Payment Terms. 8.1 That 13.1 Unless otherwise specified in the Purchaser in pursuance of this agreement has paid an advance amountSpecial Conditions, the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address Charges for the Goods and/or Services is due 30 days after the earlier of:
(a) delivery of Goods or by email, provision of Services; or
(b) the details date of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that countinvoice.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour 13.2 Time for payment will be of the Vendor either essence.
13.3 No payment will be deemed to have been received until PANOPTECH has received cleared funds.
13.4 Notwithstanding any other provision, all payments payable to PANOPTECH under the Agreement will become due immediately upon termination of this Agreement for whatever reason.
13.5 The Customer will make all payments due under the Agreement without any deduction whether by demand draft / payway of set-off, withholding, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for requiring an amount equal to such deduction to be paid by PANOPTECH to the same and Customer.
13.6 If payments received from the Purchaser shall pay Customer are not stated to refer to a particular invoice, PANOPTECH may appropriate such installments payment to any outstanding invoice addressed to the Customer from PANOPTECH.
13.7 No indulgence granted by PANOPTECH to the Customer concerning the Customers obligations under this Condition 9 will be or be deemed to be a credit facility but if any such facility is granted to the Customer by PANOPTECH, PANOPTECH may withdraw it at its sole discretion at any time.
13.8 If any sum due from the Customer to PANOPTECH under the Agreement or any other contract is not paid on or before the due dates. The Purchaser shall not be entitled date for payment then all sums then owing by the Customer to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall PANOPTECH will become due and payablepayable immediately and, notwithstanding without prejudice to any other right or remedy available to PANOPTECH, PANOPTECH will be entitled to:
(a) cancel or suspend its performance of the installments Agreement or any order including suspending deliveries of the Goods and due dates mentioned herein. The Purchaser shall be liable suspending delivery of any other goods to the Customer and suspending provision of the Services or other services until arrangements as to payment or credit have been established which are satisfactory to PANOPTECH;
(b) appropriate any payment made by the Customer to such of the Goods or such of the Services (or any goods or services supplied under any other contract between the Customer and PANOPTECH) or as PANOPTECH may think fit;
(c) require the Customer to pay the balance outstanding within 15 days for Goods prior to their despatch or collection from PANOPTECH’s place of receiving an intimation from the Vendor as to completion business;
(d) suspend performance of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / Services remaining to be availed by carried out; and
(e) charge the PurchaserCustomer:
(f) interest calculated on a daily basis on all overdue amounts (both before and after judgement) until actual payment at the rate of eight per cent (8%) per annum above the LIBOR rate from time to time until payment is made in full;
(g) reasonable debt recovery costs; and
(h) the cost of obtaining judgement or payment to include all reasonable professional costs (including legal fees) and other costs of issuing proceedings or otherwise pursuing a debt recovery procedure.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Telecommunications
Payment Terms. 8.1 That the Purchaser in pursuance of 13.1 Celestica shall deliver to Sycamore invoices for all goods provided and services performed under this agreement has paid an advance amount, the details of which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the VendorAgreement. The installments received Invoices will be appropriated first towards sent to Sycamore no earlier than the consideration shipment of Recurring Manufacturing Services or the acceptance of Non Recurring Manufacturing Services. Payments shall be due and payable (**) from receipt of an accurate Celestica invoice containing the information set forth in section 13.2 below. (**)
13.2 Unless otherwise provided for sale by Sycamore, Celestica's Invoices shall be in writing and contain the following applicable information: * Sycamore's Purchase Order Number * Sycamore's Product Code * Quantity of the Scheduled Flat and thereafter towards Products or Services * Unit Price of Products or Services * Extended Price * F.O.B. point * Date of Shipment * Full copy of Packing Slip for Items Listed on Invoice All amounts due to Celestica are payable at Celestica's designated address or at such other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor place as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein Celestica may hereafter designate in writing to their last known address or by emailSycamore.
13.3 If Sycamore becomes delinquent in payment of any undisputed, material amounts due to Celestica without reasonable cause, Celestica may withhold shipment of services hereunder until all the details of which are given in Annexure – A. The Purchaser obligations to Celestica have been brought current. Celestica's election to withhold shipment shall not raise relieve Sycamore of any objections for non-obligations hereunder. If Sycamore fails to make any payment by the due date Celestica may, in addition to its other rights and remedies, charge a late payment charge at a rate of (**). Celestica will not charge such late payment charge where Sycamore, in good faith, disputes such payment or invoice or in the event that the related invoice does not contain the information required under Section 13.2 above. Sycamore shall notify Celestica of any such dispute within ten (10) days of the receipt of such an intimation and delay the payment invoice in question. With regard to those portions of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall invoices which Sycamore does not be entitled dispute, Sycamore's dispute does not relieve Sycamore's obligations to pay the said sale consideration by way undisputed portion of cashthe invoice.
8.4 In case 13.4 Celestica shall send its Invoices (containing the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due information required by Section 13.2 above) for goods provided and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained services performed under this Agreement shall become operativeto Sycamore Network, Inc. Attention: Accounts Payable, at the address specified on Sycamore's Purchase Order.
8.7 That 13.5 Sycamore will be solely responsible for and will pay all taxes including value added taxes, duties or other governmental or regulatory charges in any time given country resulting from the transfer of title from Celestica to Sycamore, except for any income, corporate or other related taxes based upon Celestica's income or property for which Celestica is directly liable.
13.6 For so long as Sycamore remains in good credit standing with Celestica and in the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver absence of any term or condition material change in Sycamore's credit circumstances, Celestica accepts the credit liability of this agreement nor shall any order once it give is accepted and cannot request Sycamore to pay down any rights to credit amount after the Purchaser other than the time so granted. Such granting of the time etcorder is accepted., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Manufacturing Services Agreement (Sycamore Networks Inc)
Payment Terms. 8.1 That 7.1 You must pay for the Purchaser in pursuance first month’s hire of this agreement has paid an advance amountthe Container, the details of which are given in Annexure – A, prior to the Vendor which is hereby admitted date of delivery and acknowledged make payments monthly thereafter one month in advance.
7.2 You agree to make payment either by the Vendor. The installments received direct debit, cash payment or credit card (with 2% surcharge if over $500).
7.3 A tax invoice will be appropriated first towards issued monthly for the consideration for sale service provided. No statements, updating your indebtedness to us from time to time, shall be issued. It is your obligation to retain copies of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etcall Tax Invoices rendered.
8.2 That 7.4 You must provide a current credit card number when hiring the Purchaser in pursuance of this agreement Container from us.
7.5 Where any account is overdue by more than 7 days you give us permission to automatically deduct that amount from your credit card.
7.6 You shall pay interest to us on all monies outstanding from the balance consideration to date 28 days after the Vendor as date due at the rate of 15% per the payment schedule given in Annexure –A. The Vendor annum. Payments received by us shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise be credited first against any objections for non-receipt of such an intimation and delay the payment of installments on that countinterest accrued.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled 7.7 You are obligated to pay the said sale consideration hire fee until you have notified us that the hire is to be terminated and, where the Contained is to be removed by way of cashus, it has been so removed.
8.4 In case 7.8 You shall not set off or deduct from any amount payable to us under any agreement with us or with any related entity, any amounts payable by us to you under these terms and conditions of sale or any agreement.
7.9 Despite anything to the Scheduled Flat is completed before contrary in these terms, all monies due from you will immediately become payable upon the scheduled date happening of completion / delivery mentioned herein, any event or the entire balance issue against or service on you of any notice or proceedings in any way concerning your solvency or payment of your debts.
7.10 We have the right to terminate hire and terminate this agreement and/or at our discretion retake possession of the Container until all outstanding as arrears and interest on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser same are paid in full.
7.11 You acknowledge that all outstanding accounts referred to our finance manager for collection will incur reasonable administration charges which you shall be liable obliged to pay the balance in addition to any outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments account and due dates mentioned aboveinterest thereon.
8.5 That the Purchaser 7.12 You acknowledge that we may at his our discretion refer any overdue account directly to a lawyer or debt collection agency for recovery and cost may avail housing loan from bank / financial institutions. The Purchaser that upon that referral you shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of meeting all costs and commissions incurred by us employing the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchasersaid agency and all legal costs, outlays and disbursements incurred in engaging solicitors on an indemnity basis.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Hire Agreement
Payment Terms. 8.1 That (1) The prices for rooms and apartments will be determined after an individual consultation and are exclusive of the Purchaser in pursuance of this agreement has paid an advance amountcurrently applicable sales tax. Prices published on our website are indications only; price‐determining factors are, for instance, the details number of which are given rooms, the duration of the stay and the relating trade fair.
(2) Agreed prices might be subject to changes if the guest subsequently requests changes of the services, in Annexure – A, particular a change of the number of the booked rooms or his/her own duration of stay and if we agree to such changes. Increases of the value added tax will be charged to the Vendor which is hereby admitted guest. If more than four months have passed between the time of conclusion of the agreement and acknowledged by the Vendor. The installments received performance of such agreement, and if the legal value added tax changes within such period, prices will be appropriated first towards adapted accordingly. If the consideration for sale period between the conclusion of the Scheduled Flat agreement and thereafter towards the performance thereof exceeds four months and if the price charged by us for such services increases, we may increase the contractually agreed price in a reasonable manner, however by a maximum of 5%. Such maximum level will increase by another 5% for any other charges like taxes, registration charges, interest, etcyear passing between the conclusion of the agreement and the performance thereof which exceeds the period of four months. Price changes as specified in sentence 2 will not be taken into consideration.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction (3) Our claim for payment shall fall due immediately after the conclusion of the installments given herein agreement and shall be fulfilled in writing to their last known address cash or by email, the details an adequate means of which are given in Annexure – A. The Purchaser payment (credit card or transfer). This means that we shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay request payment of up to 100% of the said sale consideration by way of cash.
8.4 In case guest’s entire payment obligation at the Scheduled Flat time when the room or apartment is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned hereinbooked. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion amount of the Scheduled Flat, notwithstanding the installments payment and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional bookingpayment as well as the method of payment might be specified in the agreement to be concluded. The Vendor shall under no circumstances We accept the following cards for payment: VISA, Mastercard and Maestro (by entering the PIN). In exceptional cases, payment can be held responsible made after invoicing.
(4) If invoicing has been agreed in exceptional cases, our claim for non-sanction payment will fall due immediately without deduction after receipt of the loan to the Purchaser for whatsoever reasonrelating invoice – unless otherwise agreed. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in In the event the Purchaser that an invoice is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreementdispatched, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall invoice will be deemed to be the default received by the Purchaser and recipient of the consequence as regards invoice 3 days after dispatch, at the latest, unless an earlier date of receipt can be evidenced. The preparation of a total invoice does not release the recipient from its obligation to pay the individual invoice within the agreed period of time. A default in payments as contained under this Agreement shall become operative.
8.7 That any time given payment of only one individual invoice entitles us to withhold all other and future services and to make the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee performance of the Vendor shall not be considered services dependent on the provision of a security in the amount of up to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting 100% of the time etcpayment still outstanding., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: General Terms and Conditions
Payment Terms. 8.1 That the Purchaser in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, to the Vendor which is hereby admitted Supplier will pay all undisputed and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale properly invoiced amounts ninety (90) days after receipt of the Scheduled Flat and thereafter towards other charges like taxesinvoice, registration charges, interest, etc.
8.2 That provided that in the Purchaser in pursuance event it pays any invoice within ten (10) days of this agreement receipt it shall pay the balance consideration to the Vendor as per the receive an early payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage discount of construction for payment two percent (2%) of the installments given herein in writing to their last known address or by email, the details of invoice amount which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable applied against such invoice. Upon ▇▇▇▇▇’s request, Contractor agrees to pay the balance outstanding promptly, but in any event within 15 days of receiving an intimation from the Vendor as such request, provide reasonable supporting documentation concerning any invoiced amounts. Buyer shall have no obligation to completion pay any invoice issued more than 90 days after delivery of all of the Scheduled FlatProducts stated in this PO. Upon ▇▇▇▇▇’s request, notwithstanding Supplier will invoice Buyer electronically. Acceptance/Rejection of Products: Payment will not be deemed acceptance of Products and such Products will be subject to inspection and rejection. Buyer may reject Products that do not comply with Buyer's acceptance criteria or applicable specifications or instructions. Acceptance of any part of the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser PO shall endeavour not bind Buyer to obtain necessary loan sanctioned within 30 days from the date accept future shipments of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction conforming Products, nor deprive it of the loan right to return non-conforming Products. At Buyer's option, it may cancel the Purchaser PO for whatsoever reasonrejected Products, obtain a refund, or require Supplier to repair or replace such Products or re-perform such services without charge and in a timely manner. The Supplier shall be liable for all costs incurred by Buyer to return rejected Products. Delivery: Time is of the essence with respect to Supplier’s delivery of Products. If Supplier fails to deliver on time, Buyer may cancel the PO and purchase replacements elsewhere and Supplier will be liable for actual and reasonable costs and damages Buyer incurs. Supplier will promptly notify Buyer if it is unable to comply with the delivery date specified in this PO. Packages; Shipping: Supplier will comply with the packaging, labeling and export requirements of Buyer, but in all cases shall ensure that all Products are properly packaged considering their type and expected use. Buyer will comply with the transportation routing guidelines in this PO and shall not use premium transportation unless specifically authorized by Buyer. If not otherwise specified, all Products shall be shipped to Buyer DDP (Incoterms 2020). For products that will be imported into any other country, Supplier will comply with all import laws and administrative requirements, including the payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaserall associated duties, taxes and fees.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Purchase Order
Payment Terms. 8.1 That the Purchaser a) BHEL’s standard payment term is Payment after receipt and acceptance of materials / items at HEEP, BHEL-Store or at desired destination unless otherwise specified in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, Special Terms attached to the Vendor which is hereby admitted and acknowledged by tender enquiry.
b) BHEL reserves the Vendor. The installments received right to accept or reject the offer of the bidder who quotes the payment term other than BHEL’s standard payment term.
c) Loading on account of deviation in payment terms shall be done as per extant rules of BHEL-Haridwar.
d) 100% payment along with taxes, freight & insurance will be appropriated first towards the consideration for sale made after receipt and acceptance of the Scheduled Flat material and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 75 days from the date of provisional bookinginvoice subject to submission of non- discrepant documents within 15 days of supply as per terms and conditions of Purchase Order. The In case any discrepancy found in the documents, BHEL will notify the same to vendor within 7 days of receipt. Vendor shall has to clear all the discrepancies in one go within 7 days thereafter else the payment of vendor may get delayed.
e) For MSEs (covered under no circumstances MSME Act) which are registered and periodically renewed with BHEL, the payment will be held responsible for non-sanction made within 45 days or as prescribed in the relevant act.
f) Adherence to the above time schedule of payment is contingent upon Vendor complying with GST Rules w.r.t availment of Input Tax Credit by BHEL.
g) In case GST credit is delayed / denied to BHEL, due to non / delayed receipt of goods and / or tax invoice or expiry of the loan to the Purchaser timeline prescribed in GST Law for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/availing such ITC, or any other scheme reason not attributable to BHEL, GST amount shall be recoverable from Vendor along with interest levied / leviable on BHEL.
h) The taxes and duties that are reimbursed would be the ones applicable as on the contractual Purchase order delivery date or the amount actually paid whichever is less. BHARAT HEAVY ELECTRICALS LIMITED HEEP-HARIDWAR, UTTARAKHAND (249403) General Instructions and Standard Terms & Conditions for bidding against Tender Enquiry (GISTC) For Indian Bidders (Version June-2021, Rev: 06) i) The loading criteria for the purchase different payment terms shall be BHEL-Haridwar on matching of Schedule flat vendor inputs at GST portal, as under; ensuring availability of input credit to BHEL Haridwar. Payment of GST will be made to vendor after matching of Payment Terms Days of Loading input credit and vendor to ensure submission of their invoices along with consent to accept payment of sale consideration tax after such matching in all cases where bills are submitted directly to BHEL-Haridwar or through bank or under this AgreementLC or through any other mode. f) In the event of any disallowance of input credit or applicability of interest or any other financial liability arises on BHEL- Haridwar due to any default of supplier under GST, it such implication shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operativesupplier’s account.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Tender Agreement
Payment Terms. 8.1 That 5.1 Seller shall quote the Purchaser best, lowest and competitive Selling Price (inclusive of all applicable taxes and charges) for each Product on the Website.
5.2 Snapdeal shall have the right to amend the Snapdeal Marketing Fee percentage applicable to each Product category as provided in pursuance the Commercial Term Segment, with prior notice of this agreement has paid an advance amountthe same to You. However, Snapdeal shall not change/amend the details exceptional margin fee as mentioned in “PART-AA” of which are given in Annexure – A“Commercial Term Segment” of Annexure-I. Accordingly, Snapdeal shall, at least twenty four (24) hours prior to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale implementation of the Scheduled Flat and thereafter towards other charges like taxesrevised Snapdeal Marketing Fee percentage for any Product, registration chargesnotify You, interestby way of an email and/or a notification on the Seller Panel detailing such modifications/amendments/revisions to the Snapdeal Marketing Fee. It shall be the Seller’s responsibility to review the emails / notifications sent by Snapdeal from time to time. Your continued use of Seller Panel (including any updating any information in Seller Panel, listing of Products, inventory maintenance, etc.) after modifications/amendments/revisions of the Snapdeal Marketing Fee shall be deemed as acceptance of such modifications/amendments/revisions.
8.2 That 5.3 Snapdeal reserves the Purchaser in pursuance of this agreement shall pay right to run promotions and offers providing benefits/discounts on the balance consideration Selling Price to the Vendor Buyer on the Website on various Seller’s Products only after obtaining prior written approval of the it. Similarly, Seller may provide a discount / offer on the Products by lowering the Selling Price. Notwithstanding the above, the Selling Price of all Products offered on the Website shall be either equal to, or less than, the maximum retail price of that Product. The maximum retail price, along with other statutory declarations, shall be mentioned on each Product and/or on its packaging in accordance with applicable laws.
5.4 TheSelling Price in respect of a Product purchased by a Buyer shall be received in full by Snapdeal either through the online system, i.e., the payment gateway offered by Snapdeal on the Website, or by way of cash on delivery.
5.5 Seller will be responsible for payment of all applicable taxes including sales tax and VAT.
5.6 Seller agrees and acknowledges that Seller will pay Snapdeal, the Snapdeal Marketing Fees, Courier Fees and Payment Collection Fees, Fulfillment Centre Charges and any other fees, as provided in
5.7 Snapdeal shall release the payment of the Seller Proceeds to Seller on the following basis, i.e., the Products delivered during the period from 1st to 7th, 8th to 15th, 16th to 23rd day of every month and from 24th day to end of the month. Snapdeal shall make the payment by way of account payee cheque /RTGS/ NEFT on the 17th and 25th day of same month, and 3rd & 11th day of the next month, respectively, after deducting Snapdeal’s Marketing Fee, the Courier Fees, Payment Collection Fees, Fulfillment Centre Charges and any other applicable fees, as per the payment schedule given Commercial Term Segment.
5.8 It is hereby agreed that Snapdeal shall, deduct, forfeit, adjust any payments due to, or from, Seller in Annexure –A. The Vendor shall intimate the Purchaser the stage other transactions post submission of construction for payment calculation towards such adjustments and only after prior written intimation of the installments given herein in writing to their last known address or by emailseller.
5.9 It is stated that all commercial terms such as dispatch, delivery of the details of which Products, etc., are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation bipartite contracts between the Buyer and delay Seller and the payment of installments on that count.
8.3 That facility is merely used by the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer Buyer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled Seller to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to facilitate completion of the Scheduled Flat, notwithstanding transaction. Use of the installments and due dates mentioned above.
8.5 That electronic payment facility or the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser cash on delivery method shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held not render Snapdeal liable or responsible for the non-sanction delivery of the loan to Products listed on the Purchaser Website or for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner reason whatsoever.
Appears in 1 contract
Sources: Seller Agreement
Payment Terms. 8.1 That the Purchaser a) BHEL’s standard payment term is Payment after receipt and acceptance of materials / items at HEEP, BHEL-Store or at desired destination unless otherwise specified in pursuance of this agreement has paid an advance amount, the details of which are given in Annexure – A, Special Terms attached to the Vendor which is hereby admitted and acknowledged by tender enquiry.
b) BHEL reserves the Vendor. The installments received right to accept or reject the offer of the bidder who quotes the payment term other than BHEL’s standard payment term.
c) Loading on account of deviation in payment terms shall be done as per extant rules of BHEL-Haridwar.
d) 100% payment along with taxes, freight & insurance will be appropriated first towards the consideration for sale made after receipt and acceptance of the Scheduled Flat material and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 75 days from the date of provisional bookinginvoice subject to submission of non- discrepant documents within 15 days of supply as per terms and conditions of Purchase Order. The In case any discrepancy found in the documents, BHEL will notify the same to vendor within 7 days of receipt. Vendor shall has to clear all the discrepancies in one go within 7 days thereafter else the payment of vendor may get delayed.
e) For MSEs (covered under no circumstances MSME Act) which are registered and periodically renewed with BHEL, the payment will be held responsible for non-sanction made within 45 days or as prescribed in the relevant act.
f) Adherence to the above time schedule of payment is contingent upon Vendor complying with GST Rules w.r.t availment of Input Tax Credit by BHEL.
g) In case GST credit is delayed / denied to BHEL, due to non / delayed receipt of goods and / or tax invoice or expiry of the loan to the Purchaser timeline prescribed in GST Law for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/availing such ITC, or any other scheme reason not attributable to BHEL, GST amount shall be recoverable from Vendor along with interest levied / leviable on BHEL.
h) The taxes and duties that are reimbursed would be the ones applicable as on the contractual Purchase order delivery date or the amount actually paid whichever is less.
i) The loading criteria for the purchase of Schedule flat and different payment of sale consideration under this Agreement, it terms shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.under;
Appears in 1 contract
Sources: Tender Agreement
Payment Terms. 8.1 That Grower shall issue invoices to DRWC, and DRWC shall pay Grower, in accordance with the Purchaser in pursuance following schedule of this agreement has payments:
9.1 ten percent (10%) of the Price shall be paid an advance amount, within thirty (30) days of written notice from DRWC to Grower to commence mobilization and preparation of the details Growing Location;
9.2 thirty percent (30%) of which the Price shall be paid when original trees are given in Annexure – A, delivered to the Vendor which is hereby admitted Growing Location and acknowledged by potted in accordance with the Vendor. The installments received will be appropriated first towards the consideration for sale specifications set forth in Exhibit A;
9.3 thirty percent (30%) of the Scheduled Flat Price shall be paid at the midway point (from potting at the Growing Location to the scheduled delivery date) of the growing period, as reasonably determined by DRWC; and
9.4 thirty percent (30%) of the Price shall be paid within thirty (30) days after final delivery and thereafter towards other charges like taxes, registration charges, interest, etcacceptance of the Specimen Trees at the Project Site.
8.2 That the Purchaser in pursuance of this agreement 9.5 DRWC shall pay the balance consideration all properly invoiced amounts due to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-Grower promptly after DRWC’s receipt of such an intimation and delay invoice, except for any amounts disputed by DRWC in good faith. In the event of a payment dispute, DRWC shall deliver a written statement to Grower no later than thirty (30) days after receipt of installments on that count.
8.3 That such disputed invoice from Grower listing the Purchaser shall pay the installments as mentioned above regularly in favour basis of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due datesDRWC’s dispute. The Purchaser parties shall not be entitled seek to pay the said sale consideration by way of cash.
8.4 resolve all such disputes expeditiously and in good faith. Grower shall continue performing its obligations under this Agreement notwithstanding any such dispute. In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned hereinno event shall Grower assess any late charges, the entire balance outstanding as on such date of completion shall become penalties, or interest against DRWC for any payments due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement. Without prejudice to any other right or remedy it may have, DRWC reserves the right to set off at any time any amount owing to it shall be the sole responsibility of the Purchaser for timely payments from such financier by Grower against any amount payable by DRWC to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained Grower under this Agreement shall become operativeAgreement.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Tree Procurement Agreement
Payment Terms. 8.1 That All Payments are due in US Dollars. All payments are due Net 30 days (with approved credit) from invoice date. Invoice dates shall be based on shipment dates unless both Buyer and Seller have agreed to specific project invoicing milestones. Sales orders in excess of $5,000 must be supported by a hard copy Purchase Order. Payments from Buyer to Seller shall not be contingent upon payment from any third party to Buyer and the Purchaser in pursuance payment obligations of this agreement has paid an advance amountBuyer to Seller shall remain unimpaired regardless of disputes which may arise between Buyer and third parties or Buyer and Seller. Payments may be made by either check or wire transfer. Seller shall have the option of billing for partial shipments delayed by Buyer. Payments are payable on the terms set forth herein without deductions for counterclaims, the details of back charges, set-offs, other accounts between Seller and Buyer, which are given in Annexure – A, to the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will shall be appropriated first towards the consideration for sale settled independently of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing invoice, or any other charges or claims of Buyer whatsoever. Progressively invoiced based upon equipment shipment 30% Invoiced at order placement 70% Progressively invoiced based upon equipment shipment 30% Invoiced at order placement 40% Invoiced upon Seller’s submittal of general dimension drawings for Buyer’s approval 30% Progressively invoiced based upon equipment shipment Sales under $50,000 shall be approved on a securedbasis as determined by Management. For orders $50,000 and over, payment terms are 30% of total order value due to Seller with Purchase Order with remaining balance due on a secure basis acceptable to Seller or via irrevocable standby letter of credit to be issued withPurchase Order and payable on sight. Seller will provide their last known address or by email, the details document “Letter of which are given in Annexure – A. The Purchaser shall not raise any objections Credit Requirements” for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour Buyer to generate a draft of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer letter of credit for ▇▇▇▇▇▇’s review and obtain receipt approval before issuance. Seller reserves the right to require full payment before production, shipment, delivery, or installation for any reason within its sole discretion. A finance charge of 2% per month (or up the same and the Purchaser shall pay such installments maximum amount permitted under applicable state law) will be assessed on or before the all past due datesbalances. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser Buyer shall be liable to pay the balance outstanding within 15 days for all of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments Seller’s collection costs (including attorneys’ fees and due dates mentioned aboveexpenses).
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Payment Terms. 8.1 That FORA agrees to pay Contractor, in accordance with the Purchaser payment rates and terms and the schedule of payment as set forth in pursuance of Exhibit C, attached hereto and incorporated herein by this agreement has paid an advance amountreference as though set forth in full, based upon actual time spent on the details of above tasks. This amount shall not exceed ($ ) which are given in Annexure – Asum shall include all costs, to if any, for the Vendor which is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale total term of the Scheduled Flat and Agreement unless additional payment is approved as provided in this Agreement. Contractor will submit invoices for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter towards other charges like taxesas practical, registration charges, interest, etc.
8.2 That for services provided in the Purchaser in pursuance previous month. Payment shall be made within thirty (30) days of this agreement shall pay the balance consideration receipt of each invoice as to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for all non-disputed fees. If FORA disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of such an intimation and delay invoice of any disputed fees set forth on the payment invoice. If FORA reasonably objects to any portion of installments on that count.
8.3 That the Purchaser an invoice, FORA shall pay the installments as mentioned above regularly in favour provide written notification to Contractor of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same FORA’s objection and the Purchaser shall pay basis for such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding objection within 15 thirty (30) days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional bookingreceipt of the invoice, and the parties immediately shall make every effort to settle the disputed portion of the invoice. The Vendor undisputed portion shall under no circumstances be held responsible for non-sanction of paid within the loan to the Purchaser for whatsoever reasontime period specified above. The If payment of installments undisputed invoices by FORA is not maintained on a current basis, Contractor may, after giving seven (7) days written notice to FORA, suspend further performance until such payment is restored to a current basis. FORA Executive Officer’s contract authority is limited to a total threshold of $24,999.00 which includes all costs. Any Contracts, including any contract amendments that exceed the Vendor by total threshold, require FORA Board approval. Any contracts, including contract amendments that exceed the Purchaser total threshold, which do not have FORA Board approval, shall not be linked with housing loan availed / void. Contractor is hereby notified that contract amendments or tasks to be availed by the Purchaserenlarged may take up to 90 days for approval.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Professional Services
Payment Terms. 8.1 That 9.1. The following fees, as applicable, will be invoiced by Operator no later than the Purchaser fifth Business Day of each month of the Term beginning in pursuance the first month after the Commencement Date and all charges shall be due and payable by Customer within 15 days following Customer’s receipt of invoice:
(a) Monthly Committed Payment;
(b) Monthly Exercised Option Payment;
(c) Monthly Lock In Payment;
(d) Payment for delivered and unloaded volume which exceeds the sum of the Committed Volume and the Exercised Option Volume for the month (as set forth in Section 7.5);
(e) Any fees for any additional services provided pursuant to Section 7.15; and
(f) Any other amounts due under the terms of this agreement has Agreement.
9.2. Each invoice shall be credited (as and if applicable) by the amount paid an advance by Customer to JBBR Pipeline LLC for the transportation (a) during the Initial Term of any uncommitted volumes in excess of the Monthly Minimum Volume Commitment (as such term is defined in the T&D Agreement) on the Connecting Pipeline pursuant to the FERC tariff rate for such uncommitted volumes and (b) during any Extension Term of any volumes on the Connecting Pipeline pursuant to the FERC tariff rate for such volumes, in each case, during the applicable invoice period.1
9.3. Each invoice shall include all the information required to calculate the amount due from Customer including the arrival date of any train discharging Product at 1 Customer and Operator hereby acknowledge that the applicable fee for service under this Agreement shall be incremental to any fees paid by Customer to JBBR Pipeline LLC and that this fee structure is intended to ensure that Operator and JBBR Pipeline LLC recover costs related to the applicable facilities while preventing Customer from having to pay any amount under this Agreement towards the recovery of those costs that Customer is required to pay directly to JBBR Pipeline LLC pursuant to the Connecting Pipeline’s FERC tariff. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN GRANTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). the Facility and the volume of Product delivered to the Facility. The invoice shall also describe the basis used to determine the amount of additional handling charges and the amount, if any, due from Customer for taxes, fees, costs or assessments required by Applicable Law as provided in Section 15 of the details of GTCs. Each Party shall pay or cause to be paid in U.S. dollars in immediately available funds all amounts which are given become due and payable by such Party hereunder to a bank account or accounts designated by and in Annexure – A, to the Vendor which is hereby admitted and acknowledged accordance with instructions issued by the Vendor. The installments received will be appropriated first towards Party entitled to receive the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etcpayment.
8.2 That 9.4. Any portion of any invoice issued by Operator to Customer pursuant to this Agreement that is not paid by the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-15th day following Customer’s receipt of such an intimation invoice and delay not otherwise disputed pursuant to Section 9.3 will bear interest on the payment unpaid amount for each month (or portion thereof) at the lesser rate of installments on that countthe following: (i) 175% of the prime rate of interest, as of the date of the invoice, charged by Citibank N.A. of New York, New York, for 90 day loans made to substantial and responsible commercial borrowers ; or (ii) the highest rate allowed under Applicable Law.
8.3 That the Purchaser 9.5. If Customer disputes any portion of any invoice or charge, Customer shall pay the installments as mentioned above regularly in favour notify Operator of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding disputed portion within 15 days of receiving an intimation from the Vendor as to completion receipt of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutionsinvoice or charge. The Purchaser Customer shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction pay all undisputed portions of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaserinvoice or charge(s).
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Terminal Services Agreement (Arc Logistics Partners LP)
Payment Terms. 8.1 That Notwithstanding anything to the Purchaser contrary in pursuance of this agreement has paid an advance amountSection 21 (or otherwise) in the Original Agreement, the details of which are given in Annexure – A, parties hereby agree to the Vendor following:
(a) From January 22, 2001 until the date that Palm implements wire transfer capabilities, which is hereby admitted and acknowledged by the Vendor. The installments received will presently expected to be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser about March 6, 2001, Buyer shall not be entitled make payment to pay the said sale consideration Seller by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned hereincheck, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days [*] from the date of provisional bookingreceipt of invoice or the date of delivery of Product, whichever is later. The Vendor From and after the date that Palm implements wire transfer capabilities, Buyer shall under no circumstances be held responsible for non-sanction make payment to Seller by wire transfer, [*] from the receipt of invoice or the loan to date of delivery of Product, whichever is later. Buyer agrees that the Purchaser for whatsoever reason. The payment date of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase delivery of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor Product shall be deemed to be the default date of actual delivery or, if earlier, after a reasonable transit time for deliveries of Product has elapsed, and that such reasonable transit time shall not exceed three (3) business days unless it can be shown that any transit time in excess of three (3) business days is due to causes outside of Buyer's reasonable control. All payments shall be made without any discount whatsoever. Seller shall submit the invoices to the address indicated by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operativeBuyer.
8.7 That any time given (b) Subject to (i) Seller's right to withhold payments (in an amount reasonably related to the Purchaser amount under dispute) in the case of good faith disputes with component suppliers and (ii) Seller's right to a five (5) business day period to cure any failure to make a payment after receipt of notice thereof, which notice specifies in reasonable detail information reasonably necessary for fulfillment Seller to verify such failure, from a component supplier or from Buyer, Seller shall make payment to all component suppliers who supply components required to assemble Buyer's product no later than the terms agreed upon between Seller or Buyer, as the case may be, on the one hand, and each component supplier, on the other hand; provided, however, Buyer shall not agree to payment terms requiring Seller to pay any component supplier that are less favorable to Seller than net thirty (30) days from the date of his obligations hereunder by receipt of the Vendor component supplier's invoice or the nominee date of receipt of the Vendor shall not be considered to be a waiver components (including appropriate reasonable transit times based on location of any term or condition supplier and method of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting transit for determining deemed date of the time etcreceipt), whichever is later., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Supply Agreement (Palm Inc)
Payment Terms. 8.1 That 5.1 You agree to pay at the Purchaser times set out above in pursuance relation to the relevant Payment Scheme, the Subscription Fees due for the Instance/Image Size and Payment Scheme you have subscribed to. You may vary the Instance/Image Size and Payment Scheme in accordance with the Instance/Image Size section and the Payment Scheme section of this agreement has paid ▇▇▇▇ respectively.
5.2 If due to a pricing error the fees specified as set out in clause 5.1 are obviously less than the correct Subscription Fees and this could reasonably have been recognised by you as a mispricing the parties shall as soon as reasonably practicable and in any event within 5 working days following the discovery of the pricing error, discuss the pricing error and use their good faith endeavours to agree the correct Subscription Fees. If the parties cannot agree the correct Subscription Fee within 10 working days following the date on which we informed you of the pricing error then we shall have the right to immediately terminate the ▇▇▇▇ without liability to you. If you have an advance amountAnnual Subscription and this ▇▇▇▇ is so terminated, we shall return to you the details relevant proportion of the Subscription Fees calculated on a pro rata basis for the remainder of the year in respect of which the Subscription Fees have been paid.
5.3 You agree to make all payments through AWS and you will ensure at all times that your credit card and/or other account details provided to AWS are given in Annexure – A, accurate and up to date. You authorise AWS to ▇▇▇▇ the Subscription Fees on such credit card on our behalf. You also acknowledge and agree to pay all fees charged by AWS (or its affiliates) relating to the Vendor Instance upon which the Software is hereby admitted installed (including any infrastructure charges). Details of their charges are at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/ec2/pricing/.
5.4 All Subscription Fees and acknowledged other amounts payable in connection with this ▇▇▇▇ are:
(a) non-cancellable and (save where expressly stated otherwise in this ▇▇▇▇) non- refundable;
(b) exclusive of applicable taxes and duties, including VAT and any applicable sales tax (including state sales and use tax), for which you may be additionally liable. If applicable, you agree to pay on demand the amount of any such tax or duty for which you are liable in relation to the Subscription Fees and any other amounts due to us or AWS. You will provide us with any information we reasonably request to determine whether we are obliged to collect VAT (or any other sales tax) from you, including your VAT identification number. If you are legally entitled to an exemption from any sales, use or similar transaction tax, you are responsible for providing us with legally- sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the Vendornet amount we receive, after any deduction or withholding, equals the amount we would have received if no deduction or withholding had been required. The installments received Additionally, you will be appropriated first towards provide us with documentation showing that the consideration for sale of withheld and deducted amounts have been paid to the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etcrelevant taxing authority.
8.2 That the Purchaser in pursuance of this agreement 5.5 We shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay change the said sale consideration Subscription Fees in relation to your Instance/Image Size and/or Payment Scheme at any time. Changes shall be made in accordance with the rules and policies applied from time to time by way AWS. In the case of cashan Annual Subscription, such change shall take effect no earlier than at the end of that Annual Subscription period.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser 5.6 All amounts payable under this ▇▇▇▇ shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flatmade by you without set-off, notwithstanding the installments and due dates mentioned abovecounterclaim, deduction or withholding.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from the date of provisional booking. The Vendor shall under no circumstances be held responsible for non-sanction of the loan to the Purchaser for whatsoever reason. The payment of installments to the Vendor by the Purchaser shall not be linked with housing loan availed / to be availed by the Purchaser.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: End User License Agreement (Eula)
Payment Terms. 8.1 That 4.1 Orders of Products shall be placed by the Purchaser Reseller in pursuance of this agreement has paid an advance amount, accordance with the details of which are given in Annexure – A, Supplier’s policies notified to the Vendor which Reseller from time to time.
4.2 The price for the Products shall be as stated in the Online Supplier Price List or the Standard Supplier Price List whichever is hereby admitted and acknowledged the greater at the time of the order. The Supplier shall not require the Reseller to sell the Products at the recommended retail price as specified in the Online Supplier Price List or the Standard Supplier Price List.
4.3 Unless the Supplier has previously agreed in writing with the Reseller that the Products will be supplied on credit terms, payment for the Products shall be made in full by the Vendor. The installments received will be appropriated first towards Reseller with the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etcReseller’s order.
8.2 That 4.4 Where the Purchaser in pursuance of this agreement Supplier has agreed to supply the Products to the Reseller on credit terms the Reseller shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment price of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay the payment of installments on that count.
8.3 That the Purchaser shall pay the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to completion of the Scheduled Flat, notwithstanding the installments and due dates mentioned above.
8.5 That the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned Products within 30 days from of the date of provisional bookingthe Supplier’s invoice notwithstanding that the ownership of the Products may not have passed to the Reseller at such time. Invoices will be dated the day of Product shipment. The Vendor shall under no circumstances Supplier is entitled in its sole discretion to alter payment terms and withdraw or alter any credit limit granted at any time without notice.
4.5 Any payment not received by the due date for payment will be held responsible considered overdue and will remain payable by the Reseller together with interest for non-sanction late payment. Interest will be charged at the rate of 2.5 % of the loan invoice total value until payment in full is made with interest compounded on a daily basis.
4.6 The Reseller must notify the Supplier in writing within 7 days of the date of an invoice of any errors within the invoice. Failure to notify the Supplier within 7 days will result in an assumption by the Supplier that the Reseller has accepted its invoice in full.
4.7 No title to the Purchaser for whatsoever reason. The payment of installments Products shall pass to the Vendor Reseller unless and until the Supplier has been paid in full. Notwithstanding the Supplier’s retention of title in the Products until relevant invoice amounts have been paid the Supplier reserves the right to undertake legal proceedings to recover the cost of the Products supplied should the Reseller not make full payment by the Purchaser shall not due date for payment. Any and all associated costs in connection with any legal proceedings undertaken to recover amounts due will be linked with housing loan availed / to be availed payable in full by the PurchaserReseller.
8.6 That in 4.8 The Supplier reserves the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier right to stop supplying a particular Product to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operativeReseller at any time.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Reseller Sales Agreement
Payment Terms. 8.1 That Payment shall be made by CUSTOMER to LETG in accordance with the Purchaser in pursuance Payment Schedule attached to this Agreement as Exhibit B. LETG shall invoice CUSTOMER for the amount due pursuant to the Payment Schedule. The invoice shall contain an itemized list of the equipment, software or services furnished; the date completed; any delivery dates; and any applicable sales tax or delivery charges. CUSTOMER shall pay all invoices submitted within 30 days of receipt. CUSTOMER is responsible for paying all sales taxes relating to this agreement has paid an advance amountAgreement, the details of which software, any hardware or services provided or payments made under this Agreement. Applicable sales tax amounts (if any) are given not included in Annexure – A, to the Vendor which fees set forth in this Agreement. If CUSTOMER is hereby admitted and acknowledged by the Vendor. The installments received will be appropriated first towards the consideration for sale of the Scheduled Flat and thereafter towards other charges like taxes, registration charges, interest, etc.
8.2 That the Purchaser in pursuance of this agreement shall pay the balance consideration to the Vendor as per the payment schedule given in Annexure –A. The Vendor shall intimate the Purchaser the stage of construction for payment of the installments given herein in writing to their last known address or by email, the details of which are given in Annexure – A. The Purchaser shall not raise any objections for non-receipt of such an intimation and delay exempt from the payment of installments on that count.any such sales taxes, CUSTOMER must provide LETG with a valid tax exemption certificate; otherwise, absent proof of CUSTOMER’s direct payment of such sales tax amounts to the applicable taxing authority, LETG will invoice CUSTOMER for and CUSTOMER will pay to LETG all such sales tax amounts;
8.3 That 8.2 CUSTOMER may request from LETG additional services, software or equipment outside the Purchaser scope of this Agreement. CUSTOMER shall receive from LETG in advance an estimate of the cost of the requested service, software or equipment. LETG shall receive for all approved CUSTOMER requests a signed work order from CUSTOMER and a deposit equal to fifty percent of the estimated cost. CUSTOMER shall pay LETG the installments as mentioned above regularly in favour of the Vendor either by demand draft / pay-order / cheque/NEFT/RTGS/Wire transfer and obtain receipt for the same and the Purchaser shall pay such installments on or before the due dates. The Purchaser shall not be entitled to pay the said sale consideration by way of cash.
8.4 In case the Scheduled Flat is completed before the scheduled date of completion / delivery mentioned herein, the entire balance outstanding as on such date of completion shall become due and payable, notwithstanding the installments and due dates mentioned herein. The Purchaser shall be liable to pay the balance outstanding within 15 days of receiving an intimation from the Vendor as to remaining amount upon completion of the Scheduled Flat, notwithstanding work by LETG;
8.3 CUSTOMER may withhold from payment to LETG such an amount or amounts as may be necessary to cover the installments and due dates mentioned above.following:
8.5 That a) Defective work that is not remedied;
b) Claims for labor or materials furnished to LETG by subcontractors that remain unpaid; and
c) Evidence of damage to be caused by LETG in connection with the Purchaser at his discretion and cost may avail housing loan from bank / financial institutions. The Purchaser shall endeavour to obtain necessary loan sanctioned within 30 days from work under the date of provisional booking. The Vendor shall under no circumstances Agreement for which a claim has been or will be held responsible for non-sanction asserted against LETG or CUSTOMER
8.4 Upon completion of the loan to work and its acceptance by CUSTOMER, the Purchaser for whatsoever reason. The payment LETG shall prepare a final invoice containing complete scope of installments to each and every item of the Vendor project performed by LETG, and the Purchaser shall not be linked with housing loan availed / amount outstanding to be availed by the Purchaserpaid.
8.6 That in the event the Purchaser is arranging/has arranged finance under housing finance scheme/or any other scheme for the purchase of Schedule flat and payment of sale consideration under this Agreement, it shall be the sole responsibility of the Purchaser for timely payments from such financier to the Vendor. Any default in payment by such financier to the Vendor shall be deemed to be the default by the Purchaser and the consequence as regards default in payments as contained under this Agreement shall become operative.
8.7 That any time given to the Purchaser for fulfillment of his obligations hereunder by the Vendor or the nominee of the Vendor shall not be considered to be a waiver of any term or condition of this agreement nor shall it give any rights to the Purchaser other than the time so granted. Such granting of the time etc., shall not prejudice the rights of the Vendor in any manner whatsoever.
Appears in 1 contract
Sources: Master Software License Agreement