Common use of PRICE AND TERMS Clause in Contracts

PRICE AND TERMS. (a) The prices payable by Buyer for goods and services to be supplied by The Canvas Works Ltd under this Agreement will be specified in the applicable Quote or purchase order. Unless otherwise expressly stated in a Quote or purchase order, all prices exclude shipping and taxes. (b) Payment terms for individual Buyers are net ten (10) calendar days from the date of the invoice. Payment for Business Buyers is due on the twentieth (20th) day of the month following the date of the invoice. If Buyer does not pay an invoiced amount within terms, The Canvas Works Ltd reserves the right to (1) add finance charges of one and one-half percent (1.5%) per month on the late balance; and/or (2) revoke Work until full payment is made; and/or (3) revoke any credit extended to Buyer. In the event that Buyer’s account is more than ninety (90) days in arrears, Buyer shall reimburse The Canvas Works Ltd for the reasonable costs, including attorney’s fees, of collecting such amounts from Buyer. In the event of any dispute regarding an invoice, no finance charges will apply in the event that Buyer provides written notice of the dispute prior to the due date for such payment. (c) Upon reasonable request by The Canvas Works Ltd, Buyer shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as The Canvas Works Ltd reasonable requests to determine credit status or credits limits. (d) Buyer shall provide notice within five (5) business days of the occurrence of any event which materially affects Buyer’s ability to perform its obligations under this Agreement including but not limited to: (i) the material default of any The Canvas Works Ltd or sub-contractor; (ii) labour strike or dispute; or (iii) material uncured default with respect to any debt obligations of Buyer. (e) Pricing schedules (whether attached to this Agreement or Quote or purchase order) are subject to change upon a change in the price of applicable raw materials (as reflected on a recognized trade or commodity pricing tracker) in excess of five percent (5%) from the date of such schedule. (f) Unless otherwise specified in the Quote or purchase order, Work will be delivered by The Canvas Works Ltd.

PRICE AND TERMS. (a) The prices payable by Buyer for goods and services to be supplied by The Canvas Works Ltd Dyson under this Agreement will be specified in the applicable Quote or purchase order. Unless otherwise expressly stated in a Quote or purchase an order, all prices exclude shipping and taxes. (b) Payment 0Payment terms for individual Buyers are net ten thirty (1030) calendar days from the date of the invoice. Payment for Business Buyers is due on the twentieth (20th) day of the month following the date of the Xxxxx’x invoice. If Buyer Xxxxx does not pay an invoiced amount within terms, The Canvas Works Ltd reserves the right to (1) add Xxxxx agrees that Xxxxx may charge Xxxxx a finance charges charge of one and one-half percent (1.5%) per month on the late balance; and/or . Further, Xxxxx reserves the right to (21) revoke withhold shipment of the Work until full payment is made; , and/or (32) revoke any credit extended to Buyer. In the event that BuyerXxxxx’s account is becomes more than ninety (90) days in arrearspast due, Buyer shall reimburse The Canvas Works Ltd Dyson for the reasonable costs, including attorney’s attorneys’ fees, of incurred in collecting such all amounts from Buyer. In the event If Xxxxx provides written notice of any dispute regarding the Work that forms the basis of an invoiceinvoice before payment of that invoice is due, no finance charges will apply in the event that Buyer provides written notice of if the dispute prior to the due date for such paymentis resolved in Buyer’s favor. (c) Upon reasonable request by The Canvas Works LtdIf requested, Buyer shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as The Canvas Works Ltd Dyson reasonable requests to determine credit status or credits limits. (d) Buyer shall provide notice within five (5) business days of the occurrence of any event which materially affects Buyer’s ability to perform its obligations under this Agreement Agreement, including but not limited to: (i) the material default of any The Canvas Works Ltd supplier or sub-contractorsubcontractor; (ii) labour any labor strike or dispute; or (iii) a material uncured default with respect to any debt obligations of Buyer. (e) Pricing schedules (whether attached to this Agreement or Quote or purchase to an order) are subject to change revision upon a change in the price of applicable raw materials (as reflected on a recognized trade or commodity pricing tracker) in excess of five percent (5%) from the date of such schedule. (f) Unless otherwise specified in the Quote or purchase order, Work will be delivered FOB Painesville, OH and will be shipped to Buyer via carriers selected by The Canvas Works Ltd.Xxxxx.

PRICE AND TERMS. (a) The prices payable All Securities transferred by Buyer for goods Securityholders pursuant to this Article VI shall be sold at the same price and services to be supplied terms and otherwise treated identically with the Securities being sold by The Canvas Works Ltd under this Agreement will be specified HON in the applicable Quote or purchase order. Unless otherwise expressly stated in a Quote or purchase order, all prices exclude shipping and taxes. (b) Payment terms for individual Buyers are net ten (10) calendar days from the date of the invoice. Payment for Business Buyers is due on the twentieth (20th) day of the month following the date of the invoice. If Buyer does not pay an invoiced amount within terms, The Canvas Works Ltd reserves the right to (1) add finance charges of one and one-half percent (1.5%) per month on the late balance; and/or (2) revoke Work until full payment is made; and/or (3) revoke any credit extended to Buyer. In the event that Buyer’s account is more than ninety (90) days in arrears, Buyer shall reimburse The Canvas Works Ltd for the reasonable costs, including attorney’s fees, of collecting such amounts from Buyerrespects except as set forth below. In the event of any dispute regarding an invoice, no finance charges will apply in the event that Buyer provides written notice of the dispute prior to the due date for such payment. (c) Upon reasonable request by The Canvas Works Ltd, Buyer shall provide copies of its most recent audited financial statements Sale or other reasonable evidence of its financial capacity and such other information as The Canvas Works Ltd reasonable requests to determine credit status or credits limits. (d) Buyer shall provide notice within five (5) business days of the occurrence of any event which materially affects Buyer’s ability to perform its obligations under this Agreement including but not limited to: Majority Sale (i) with respect to indemnification obligations relating to or resulting from any such Sale or Majority Sale, each such Securityholder shall be liable for only (A) those indemnification obligations relating to the material default business of HTI and its operating units and divisions, and indemnification as to matters relating individually to such Securityholder, and (B) that percentage of the total indemnification obligations as is equal to the percentage that the sale proceeds received by such Securityholder bears to the overall consideration paid in such Sale or Majority Sale, but in any The Canvas Works Ltd or sub-contractor; event not to exceed the sales proceeds actually received by such Securityholder, (ii) labour strike if the price per Security paid in such Sale or disputeMajority Sale, or the proceeds in any Sale referred to in clause (A) of the definition of Sale, is less than (x) the applicable Put Price, less (y) the amount of indemnification required of a Securityholder (the "Adjusted Put Price"), at the time of the such Sale or Majority Sale, HTI shall pay the selling Securityholders an amount equal to the difference between such price or proceeds and the Adjusted Put Price; or and (iii) material uncured default with respect to any debt obligations of Buyer. (e) Pricing schedules (whether attached to this Agreement or Quote or purchase order) are subject to change upon a change in the price case of applicable raw materials a Sale or Majority Sale consummated before the third anniversary of the Closing, if at the time such Sale or Majority Sale is consummated HTI shall have met the EBITDA criteria set forth in HTI's then-effective consolidated strategic plan for the four fiscal quarters immediately preceding the consummation of the Sale or Majority Sale or such shorter period of combined operations as shall have elapsed since the Closing (which strategic plan shall be consistent with the projected financial statements set forth in the Bowles Hollowell Conner/First Union Capital Markets Xxxx. Xxxxxxxxxxxx Xxxormation Memorandum dated September 1999, attached as reflected on a recognized trade or commodity pricing tracker) in excess of five Exhibit 6.5(i), and the Hearth Technologies Inc. Strategic Plan 2000-2002, attached as Exhibit 6.5(ii)), HTI shall pay each Securityholders an amount equal to fifteen percent (515%) from of the date principal amount of Debentures held by such schedule. (f) Unless otherwise specified in Securityholders at the Quote time the Sale or purchase order, Work will be delivered by The Canvas Works Ltd.Majority Sale is consummated.

PRICE AND TERMS. (a) The prices payable by Buyer for goods and services Products to be supplied by The Canvas Works Ltd Seller under this Agreement will be specified in the applicable Quote or purchase orderOrder. Unless otherwise expressly stated in a Quote or purchase orderan Order, all prices exclude shipping and taxes, fees, duties, and levies, however designated or imposed, including but not limited to value- added and withholding taxes that are levied or based upon the amounts paid under this Agreement (collectively, "Taxes"). Any Taxes related to the Products purchased pursuant to this Agreement are the responsibility of Buyer (excluding taxes based on Seller's net income). (b) Payment terms for individual Buyers are net ten thirty (1030) calendar days from the date of the invoiceinvoice pertaining to wheel, dressing stick, MT-30 Filtration Device, and machine accessory products except otherwise noted and agreed upon by Advanced SuperAbrasives, Inc.’s management. Payment for Business Buyers is due on However, all cancellation, and late payment interest rates still apply. For machine products (Trudress Ultra II, and Trudress Freedom), the twentieth terms are 30% down with order, 60% prior to shipment, and final 10% plus freight and changes net thirty (20th30) day of the month following the date of the invoicecalendar days except otherwise noted and agreed upon by Advanced SuperAbrasives, Inc.’s management. However, all cancellation, and late payment interest rates still apply. If Buyer does not pay an invoiced amount within terms, The Canvas Works Ltd reserves the right to (1) add Buyer will in addition pay finance charges of one and one-half percent (1.5%) per month on the late balance; and/or balance and Seller reserves the right to (21) revoke Work withhold shipment of the Products until full payment is made; and/or (32) revoke any credit extended to Buyer. In the event that Buyer’s account is more than ninety (90) days in arrears, Buyer shall reimburse The Canvas Works Ltd Seller for the reasonable costs, including attorney’s attorneys’ fees, of collecting such amounts from Buyer. In the event of any dispute regarding an invoice, no finance charges will apply in the event that Buyer provides written notice of the dispute prior to the due date for such payment. (c) Upon reasonable request by The Canvas Works Ltdthe Seller, Buyer shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as The Canvas Works Ltd Seller reasonable requests to determine credit status or credits limits. (d) Buyer shall provide notice within five (5) business days of the occurrence of any event which materially affects Buyer’s ability to perform its obligations under this Agreement including but not limited to: (i) the material default of any The Canvas Works Ltd Seller or sub-contractor; (ii) labour labor strike or dispute; or (iii) material uncured default with respect to any debt obligations of Buyer. (e) Pricing schedules (whether attached to this Agreement or Quote or purchase orderan Order) are subject to change upon a change in the price of applicable raw materials (as reflected on a recognized trade or commodity pricing tracker) in excess of five percent (5%) from the date of such schedule. (f) Unless otherwise specified in the Quote or purchase orderOrder, Work Products will be delivered shipped, at Buyer’s expense, to Buyer via carriers selected by The Canvas Works Ltd.Seller.

PRICE AND TERMS. (a) The prices payable by Buyer for goods and services Products to be supplied by The Canvas Works Ltd Seller under this Agreement will be specified in the applicable Quote or purchase orderOrder. Unless otherwise expressly stated in a Quote or purchase orderan Order, all prices exclude shipping and taxes, fees, duties, and levies, however designated or imposed, including but not limited to value- added and withholding taxes that are levied or based upon the amounts paid under this Agreement (collectively, "Taxes"). Any Taxes related to the Products purchased pursuant to this Agreement are the responsibility of Buyer (excluding taxes based on Seller's net income). (b) Payment terms for individual Buyers are net ten thirty (1030) calendar days from the date of the invoiceinvoice pertaining to wheel, dressing stick, MT-30 Filtration Device, and machine accessory products except otherwise noted and agreed upon by Advanced SuperAbrasives, Inc.’s management. Payment for Business Buyers is due on However, all cancellation, and late payment interest rates still apply. For machine products (Trudress Ultra II, and Trudress Freedom), the twentieth terms are 30% down with order, 60% prior to shipment, and final 10% plus freight and changes net thirty (20th30) day of the month following the date of the invoicecalendar days except otherwise noted and agreed upon by Advanced SuperAbrasives, Inc.’s management. However, all cancellation, and late payment interest rates still apply. If Buyer does not pay an invoiced amount within terms, The Canvas Works Ltd reserves the right to (1) add Buyer will in addition pay finance charges of one and one-half percent (1.5%) per month on the late balance; and/or balance and Seller reserves the right to (21) revoke Work withhold shipment of the Products until full payment is made; and/or (32) revoke any credit extended to Buyer. In the event that BuyerXxxxx’s account is more than ninety (90) days in arrears, Buyer Xxxxx shall reimburse The Canvas Works Ltd Seller for the reasonable costs, including attorney’s attorneys’ fees, of collecting such amounts from Buyer. In the event of any dispute regarding an invoice, no finance charges will apply in the event that Buyer Xxxxx provides written notice of the dispute prior to the due date for such payment. (c) Upon reasonable request by The Canvas Works Ltdthe Seller, Buyer shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as The Canvas Works Ltd Seller reasonable requests to determine credit status or credits limits. (d) Buyer shall provide notice within five (5) business days of the occurrence of any event which materially affects Buyer’s ability to perform its obligations under this Agreement including but not limited to: (i) the material default of any The Canvas Works Ltd Seller or sub-contractor; (ii) labour labor strike or dispute; or (iii) material uncured default with respect to any debt obligations of Buyer. (e) Pricing schedules (whether attached to this Agreement or Quote or purchase orderan Order) are subject to change upon a change in the price of applicable raw materials (as reflected on a recognized trade or commodity pricing tracker) in excess of five percent (5%) from the date of such schedule. (f) Unless otherwise specified in the Quote or purchase orderOrder, Work Products will be delivered shipped, at Buyer’s expense, to Buyer via carriers selected by The Canvas Works Ltd.Seller.

PRICE AND TERMS. (a) The prices payable by Buyer for goods and services to be supplied by The Canvas Works Ltd Supplier under this Agreement will be specified in the applicable Quote or purchase orderOrder Confirmation. Unless otherwise expressly stated in a Quote or purchase orderan Order Confirmation, all prices exclude shipping and taxes. (b) Payment terms for individual Buyers are net ten thirty (1030) calendar days from the date of the invoice. Payment for Business Buyers is due invoice unless specified differently on the twentieth (20th) day of the month following the date of the invoiceOrder Confirmation. If Buyer does not pay an invoiced amount within terms, The Canvas Works Ltd reserves the right to (1) add Buyer will in addition pay finance charges of one and one-half percent (1.5%) per month on the late balance; and/or balance and Supplier reserves the right to (21) revoke Work withhold shipment of other orders until full payment is made; and/or (32) revoke any credit extended to Buyer. In the event that BuyerXxxxx’s account is more than ninety (90) days in arrears, Buyer Xxxxx shall also reimburse The Canvas Works Ltd Supplier for the reasonable costs, including attorney’s attorneys’ fees, of collecting such amounts from Buyer. In the event of any dispute regarding an invoice, no finance charges will apply in the event apply, provided that Buyer Xxxxx provides written notice of the dispute prior to the due date for such payment. (c) Upon reasonable request by The Canvas Works Ltdthe Supplier, Buyer shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as The Canvas Works Ltd Supplier reasonable requests to determine credit status or credits limits. (d) Buyer shall provide notice within five (5) business days of the occurrence of any event which materially affects Buyer’s ability to perform its obligations under this Agreement including but not limited to: (i) the material default of any The Canvas Works Ltd supplier or sub-sub- contractor; (ii) labour labor strike or dispute; or (iii) material uncured default with respect to any debt obligations of Buyer. (e) Pricing schedules (whether attached to this Agreement or Quote or purchase order) are is subject to change upon a change in the price of applicable raw materials without notice (as reflected on a recognized trade or commodity pricing trackerour web site) in excess of five percent (5%) from the date of such schedulefor subsequent orders. (f) Unless otherwise specified in the Quote or purchase orderOrder Confirmation, Work will be delivered FOB Supplier’s manufacturing facility and will be shipped to Buyer via carriers selected by The Canvas Works Ltd.Supplier.

PRICE AND TERMS. (a) The prices payable by Buyer for goods Buyer, quantities, and services product specifications related to be supplied by The Canvas Works Ltd under this Agreement the Work will be specified in the applicable Quote or purchase orderOrder. Unless otherwise expressly stated in a Quote or purchase orderthat Order, all prices exclude shipping shipping, postage, delivery, or freight costs and taxes. (b) Notwithstanding anything to the contrary in this Agreement, any Order, correspondence, discussion, or other contract document between the parties, Supplier shall have the right to increase pricing for the Work at any time prior to the last date of performance of services and/or date of delivery of any product specified in an Order. (c) Payment terms for individual Buyers are net ten thirty (1030) calendar days from the date of the invoice. Payment for Business Buyers is due on the twentieth (20th) day of the month following the date of the invoice. If Buyer does not pay an invoiced amount within terms, The Canvas Works Ltd reserves the right Xxxxx agrees to (1) add also pay finance charges of one and one-half percent (1.5%) per month on the late balance; and/or balance and Supplier reserves the right to (21) revoke Work postpone Supplier’s performance under this Agreement until full payment is made; and/or (32) revoke any credit extended to Buyer; and/or (3) terminate the Order. In the event that BuyerXxxxx’s account is more than ninety (90) days in arrears, Buyer Xxxxx shall reimburse The Canvas Works Ltd Supplier for the reasonable costs, including attorney’s attorneys’ fees, of collecting such amounts from Buyer. In the event of any dispute regarding an invoice, no finance charges will apply in the event that Buyer if Xxxxx provides written notice of the dispute prior to the due date for such payment. (cd) Upon reasonable request by The Canvas Works Ltdthe Supplier, Buyer shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as The Canvas Works Ltd Supplier reasonable requests to determine credit status or credits limits. (de) Buyer shall provide notice within five (5) business days of the occurrence of any event which materially affects Buyer’s ability to perform its obligations under this Agreement including but not limited to: (i) the material to events of Force Majeure and any default of any The Canvas Works Ltd debt obligations of Buyer or of any supplier or sub-contractor; (ii) labour strike or dispute; or (iii) material uncured default with respect to any debt obligations contractor of Buyer. (e) Pricing schedules (whether attached to this Agreement or Quote or purchase order) are subject to change upon a change in the price of applicable raw materials (as reflected on a recognized trade or commodity pricing tracker) in excess of five percent (5%) from the date of such schedule. (f) Unless otherwise specified in the Quote or purchase orderOrder, Work will be delivered FOB Supplier’s manufacturing facility and will be shipped to Buyer via carriers selected by The Canvas Works Ltd.Supplier.