Price and Payment Terms Sample Clauses

Price and Payment Terms. The price of the work (unit prices) within the contracted scope implemented pursuant to the terms and conditions laid down hereby was specified on the basis of the bid of the Contractor submitted in the context of the tender as the maximum price (which may be exceeded).

Price and Payment Terms. The price of the Products shall be the price stated in the offers or quotations (“Quotation”) made by the Seller, provided that such price has been accepted by the Buyer. Upon acceptance of the Quotation by the Buyer, the Seller shall not increase the price of the Products without prior written consent of the Buyer. The invoice raised by the Seller shall be in the name of Buyer entity that placed the Purchase Order on the Seller, unless stated otherwise by Buyer in writing, and shall state the net amount payable by the Buyer and give an itemized description of the total amount payable. The Buyer shall not be charged any amount which was not stated in the Quotation provided by the Seller and which has not been agreed in advance by the Buyer. The Seller shall pay all taxes, duties, or levies payable in relation to the Products purchased by the Buyer. Unless agreed otherwise, Buyer shall pay the price of the Products at the expiry of not less than sixty (60) days from the receipt of the invoice from the Seller, provided that the Products are received in (i) a good condition; (ii) in accordance with the required specifications, instructions, drawings, data, warranties (express or implied) and/or other agreed requirements of the Buyer; (iii) in the quantity; (iv) on the date and time; (v) at the point of delivery as mentioned in the Purchase Order (collectively referred to as “Requirements”); and (vi) are accepted by the Buyer upon inspection. Where any advance payment is made by the Buyer, the Seller shall be bound to refund such amount within thirty (30) days of receipt of Products by the Buyer if the Products do not conform to the Requirements. If any part of the invoice is disputed by the Buyer, the Buyer shall have the right to deduct, set-off or withhold payment of the invoice amount, in part or in whole. The Seller shall have no right to delay or cancel any deliveries by reason of any deduction, set-off or withholding made by the Buyer and under no circumstances shall any delay in payment of the Products shall entitle the Seller to claim any lien or security interest in any Product to secure payment of the purchase price.

Price and Payment Terms. 5.1. The price for the Goods or Services will be set out in the Purchase Order. The price set out in the Purchase Order includes all expenses, costs and fees incurred by the Supplier and will exhaust all the financial claims of the Supplier, its employees and subcontractors on account of performing the Agreement, and GSK’s use of the Works delivered as part of the Agreement in accordance therewith. Any increase of the price, regardless of its cause, requires GSK’s express, prior consent, in writing, or will not be valid. 5.2. The price set out in the Purchase Order is a net amount and does not include VAT; however, it includes all other public levies, in particular customs and taxes, including the withholding tax. Within 14 days of delivering GSK’s request to the Supplier, the Supplier will provide GSK with an original certificate of residence referring to the Supplier. If this document is not delivered to GSK, or if it is delivered after the deadline, all consequences of such an event will be borne by the Supplier. This refers, in particular, to GSK’s failure to apply a tax rate resulting from a relevant international convention. 5.3. If the Supplier transfers Intellectual Property Rights to GSK, or grants GSK a licence for them, the price set out in the Purchase Order will include remuneration on this account (in respect of all areas of application resulting from the Agreement and regardless of the benefits that GSK will receive from exploiting a given object of Intellectual Property Rights), including all costs that the Supplier incurred in connection with obtaining licences making it possible to perform the Agreement within this scope. In addition, the Supplier has an obligation to indicate on the invoice the price for transferring Intellectual Property Rights or granting a licence with regard to them as a separate amount. If the Agreement does not set out the amount on this account, the amount will be 10% of the price specified in the Purchase Order and will be deemed included in this price. 5.4. Unless the Agreement or mandatory laws provide otherwise, the Supplier will issue an invoice or GSK will pay the price to the Supplier only after all Goods ordered are delivered or after the Service has been entirely performed, and the above circumstances are confirmed by GSK in writing. The payment will be made by GSK within 60 days of the Supplier delivering to GSK a correctly issued invoice. 5.5. All invoices issued by the Supplier must include the number ...

Price and Payment Terms. 3.1 In consideration of the provision of the Services by Provider as may be requested by the Trust pursuant to a SOW, and subject to the terms of this Agreement, the Trust will pay Provider the SOW Agreement Amount or SOW Fees as defined in and set forth in each executed SOW (or SOW Modification Memorandum issued by the Trust) for the Services expressly authorized in each such SOW. 3.2 Where the Services are provided on a time and materials basis, the fees payable for the Services shall be calculated in accordance with Provider's hourly fee rates as set forth in Provider’s proposal in response to the RFQ (the “Proposal”), which rates include all Provider personnel costs and wages, taxes, overhead, general and administrative expenses, and profit. Services shall be provided by the personnel designated in the Proposal and Provider shall not increase the hourly fee rates unless expressly agreed in writing in advance by the Trust. The Trust will reimburse Provider for reasonable direct costs and expenses incurred for the benefit of the Trust in connection with the Services, without mark-up. Provider shall exercise best efforts to perform and deliver the Services in the most efficient and cost effective manner, assigning only that level of staffing as is reasonably necessary to perform the particular task(s) at issue. Provider agrees to implement reasonable cost control measures so as to enable the full performance of Services as specified in an SOW within the Trust’s specified not to exceed SOW Fee. Provider shall issue invoices to the Trust monthly in arrears for its fees for the immediately preceding month, together with a detailed breakdown of allowable expenses for such month incurred in accordance with this Agreement. The total payments to Provider for Services specified in an executed SOW shall not exceed the SOW Fee set forth in the SOW unless expressly authorized in advance by the Trust through a written SOW Modification Memorandum. 3.3 Where Services are provided for a fixed price, the total fee for the Services shall be the amount set forth in the applicable SOW as the SOW Agreement Amount. The SOW Agreement Amount includes payment for all Services and materials and includes all Provider administrative and operating expenses with respect to the Services. The SOW Agreement Amount shall be paid to Provider upon completion and delivery of all required Services under an executed SOW and presentation of a final invoice by Provider. 3.4 Notwithstanding Sect...

Price and Payment Terms. 4.1 The total purchase price for the Rigs shall be United States Dollars One Billion Two Hundred and Fifty-Five Million Five Hundred Thousand (US$1,255,500,000), and the price per Rig as set out in Schedule 1 (the “Rig Purchase Price”). 4.2 A first instalment of the Rig Purchase Price for each Rig in the amount set out in Schedule 1 shall be payable not later than fifteen (15) Business Days from the Effective Date (the “First Instalment”). 4.3 If a Rig is delivered pursuant to a SPA or Construction Contract, the balance of the Rig Purchase Price for each Rig shall be due by the relevant Buyer when its Rig is delivered and shall be settled by way of an interest-bearing secured seller’s credit in the amount set out in Schedule 1 payable [***] the date falling 60 months from the date that Buyer actually takes delivery of its Rig (the “Seller’s Credit”). The terms of the Seller’s Credit are to be set out in each of the SPAs and Construction Contracts. 4.4 For the purpose of clarification and avoidance of doubt, in the event the Buyer takes delivery of the Rig later than the Delivery Date, and such delay in taking delivery is not due to any delay on the part of Seller, the accrual of the interest on the Balance Payment shall commence on the Delivery Date. In the event that a Buyer takes delivery earlier than the Delivery Date, the Balance Payment becomes due and interest starts to accrue on the actual delivery date. 4.5 Each Buyer shall during the period from the Effective Date up to the date on which the last Rig is delivered under this Agreement, place orders worth not less than US$[***] for equipment and spares for its Rig by executing and issuing purchase order forms to the Seller. Each Buyer shall be liable to make an additional payment of [***]% on the value of such purchase orders as administrative charges. If the total value of a Buyer’s orders within this period is less than US$[***], Buyer shall pay to Seller [***]% of the shortfall. Each Buyer shall make payment on its orders within 30 days from the date of Seller’s Invoice.

Price and Payment Terms. 2.1 The pricing for the Products for each Contract Year shall be as set forth on Appendix C attached hereto and incorporated herein by reference (“Contract Price”). Smart Sand agrees that all Products ordered by EOG will be loaded onto EOG supplied railcars and shipped as specified in the purchase order or other mutually agreeable documentation, provided, however, that (i) EOG agrees to comply with all reasonable freight scheduling mechanisms and timeframes designated by Smart Sand in writing to EOG from time to time, and (ii) all railcars supplied by EOG will be set up to receive unpackaged Products, and delivery of the Products shall occur upon the transfer of Products into the applicable railcar via a delivery chute. Delivery will be, and all prices are quoted, FCA Smart Sand’s rail spur facility located in Oakdale, Wisconsin, Incoterms 2010. For the avoidance of doubt, all rail and shipping costs, including, without limitation, insurance costs, shall be borne exclusively by EOG. The Contract Price shall be subject to adjustments implemented during the Term in accordance with the terms set forth in Appendix C. 2.2 Unless separately stated otherwise on an invoice, prices quoted by Smart Sand do not include sales, VAT, use or similar taxes. And such taxes, fees, duties, and customs charges imposed on Smart Sand, except for income, profits, franchise or other such taxes, in the country or area of operations shall be reimbursed to Smart Sand by EOG, unless an exemption from the Wisconsin state and local sales tax is applicable. The provisions of this clause shall continue after termination of this Agreement. 2.3 Smart Sand shall invoice EOG upon shipment of Products. Payment by EOG shall be due and payable within *** after the date of invoice. Past due invoices are subject to a monthly service charge at a rate equal to the lesser of *** per month or the maximum rate from time to time permitted by applicable law. 2.4 Upon placing this instrument with an attorney for collection of undisputed past due payments or repossession of Products, EOG shall reimburse Smart Sand for reasonable attorneys’ fees, court costs, and other taxable expenses incurred by Smart Sand to enforce the terms and conditions stated herein.

Price and Payment Terms. 3.1 In consideration of the provision of the Services by Provider as may be requested by the Trust pursuant to a SOW, and subject to the terms of this Agreement, the Trust will pay Provider the Agreement Amount or Fees set forth in each SOW (or SOW Modification Memorandum issued by the Trust) for the Services expressly authorized in each such SOW. 3.2 Where the Services are provided on a time and materials basis, the fees payable for the Services shall be calculated in accordance with Provider's fee rates for the Provider Personnel set forth in the applicable SOW the (“SOW Fees”) and Provider shall issue invoices to the Trust monthly in arrears for its fees for time for the immediately preceding month, together with a detailed breakdown of allowable expenses for such month incurred in accordance with this Agreement. The parties agree that after the initial 12 months of the Term, for Services provided on a time and materials basis, Provider may increase its standard fee rates specified in the applicable SOW upon written notice to the Trust; provided, that: Provider provides the Trust written notice of such increase at least 90 days prior to the effective date of such increase; such increases occur no more frequently than once per contract year of the Term; and the amount of such increase shall not exceed the lesser of: (a) the percentage rate of increase for the immediately preceding 12-month period in the Consumer Price Index, All Urban Consumers, United States, All Items (1982 - 1984 = 100), as published by the Bureau of Labor Statistics of the United States Department of Labor or, if such index is not available, such other index as the parties may agree most closely resembles such index; or (b) three percent (3%). 3.3 Where Services are provided for a fixed Agreement Amount, the total fees for the Services shall be the amount set out in the applicable SOW (the “SOW Agreement Amount”). The total SOW Agreement Amount shall be paid to Provider in installments, as set out in the SOW, with each installment being conditional on Provider achieving the corresponding Project Milestone. On achieving a Project Milestone in respect of which an installment is due, Provider shall issue invoices to the Trust for the fees that are then payable, together with a detailed breakdown of allowable expenses incurred in accordance with this Agreement. 3.4 The SOW Agreement Amount or SOW Fees shall be payable in accordance with the Price and Payment Terms set forth in each SOW f...

Price and Payment Terms. (a) The prices for Products delivered in the Initial Quarter will be calculated in accordance with Section 12.2 and included in Exhibit A. As of the Effective Date, Exhibit A will reflect interim prices based upon agreed estimates of the BOM Value at Closing and the Initial Overhead for Products to be manufactured by Flextronics in the United States and in Ireland. On or before March 31, 2000, or such other date as the Parties may agree, Exhibit A will be amended to reflect prices for Products delivered in the Initial Quarter based upon the actual BOM Value at Closing and the Initial Overhead. As of the date on which Exhibit A is amended all outstanding Purchase Orders and invoices shall automatically be amended to reflect the revised pricing, and within ten (10) Business Days following the date on which Exhibit A is amended Customer will provide Flextronics with a reconciliation statement showing the net difference between prior payments for Products at the interim prices and the prices for Products reflected in Exhibit A as amended. The amount of the difference shall be paid by Customer to Flextronics or paid by Flextronics to Customer, as appropriate, within five (5) Business Days after the date of the reconciliation statement. (b) The prices for Products delivered in subsequent Quarters shall be calculated in accordance with Section 12.3, an example calculation of which is illustrated in Exhibit D. The prices for any supplemental services relating to new products shall be determined in accordance with Section 7.1, and the prices for any other supplemental services, e.g., special manufacturing or delivery requests, shall be negotiated and agreed by the Parties. Then-current Product prices will be stated on the Purchase Orders issued by Customer and accepted by Flextronics. All prices are exclusive of federal, state and local excise, sales, use and similar taxes, and any duties, and Customer shall be responsible for all such items. Payment for any Products, services or other costs to be paid by Customer hereunder is due five (5) days net from the date of invoice which shall be the day the Product is shipped pursuant to Section 4.1 and shall be made in lawful U.S. currency by wire transfer in accordance with instructions provided from time to time by Flextronics. Customer agrees to pay 1.5% monthly interest on all payments past due more than thirty (30) days from the date of invoice. Furthermore, if Customer is late with payments, or Flextronics has reaso...

Price and Payment Terms. 3.1. The price and other trading conditions specified in the Purchase Order ("Price") are final and binding, including all and any costs necessary for the supply of the product and/or provision of the service subject to the Purchase Order. 3.2. Unless otherwise expressly provided for in the Purchase Order, all costs concerning the transport and delivery of the product and/or provision of the service by the Supplier, in the address indicated by Novartis, are also included in the Price. 3.3. The Price shall be paid in accordance with the time and conditions described in the Purchase Order, upon receipt, by the Novartis, of the respective invoice to be issued by supplier. The invoice should be received within a maximum of 2 (two) working days, from the date of issue. 3.4. In the event of delay by supplier in sending the invoice, not meeting the deadline stipulated in clause 3.3 above, the payment will be automatically delayed by the number of days equivalent to the delay that occurred, without the incidence of any increase or application of any penalty 3.5. All taxes that may be levied due to the product supply or the provision of service provided in the Purchase Order should already be included in the price provided in the Purchase Order.

Price and Payment Terms. Buyer shall purchase the Goods from Seller according to prices and payment terms set forth in Seller’s Quote.