Common use of PRICE & PAYMENT Clause in Contracts

PRICE & PAYMENT. (a) The purchase price for the Products will be the price for the Products in effect at the time of shipment, unless otherwise agreed upon in writing by the parties. Seller may change prices without notice. Prices contained in Seller issued quotations or proposals expire 30 days from the date of quotation and are subject to change or termination by notice during this period. (b) Buyer will pay for all taxes, excises or other charges (except taxes on or measured by net income) that Seller may be required to pay to any government (foreign, national, state or local) with respect to the production, sale or transportation of any Products, except where the law expressly provides otherwise. Unless otherwise agreed to in writing by Seller, Buyer will pay all freight, storage, handling, packaging, insurance or similar charges. (c) Seller may require Buyer to pay a deposit or provide an irrevocable letter of credit in favor of Seller in an amount determined by Seller and from a bank approved by Seller payable on presentation of commercial invoice, packing list or a xxxx or lading indicating delivery to carrier. (d) Unless otherwise noted on the face of these terms and conditions, invoices are payable upon receipt in US funds, in no event greater than 30 days from date of invoice, subject to credit approval. All amounts due to Seller may be accelerated immediately upon Buyer’s failure to pay invoices as required and shipments of Products may be suspended or cancelled. Interest may be charged by Seller at the highest rate allowable by law. Buyer agrees to indemnify and hold harmless Seller from any and all legal fees and costs which may be required to collect any overdue balances. (f) Seller may offset or recoup any amounts owed by Seller to Buyer against any amounts owed by Buyer to Seller. Buyer waives all right of offset and will pay all amounts owed to Seller regardless of any claim asserted by Buyer. (g) Seller may change payment terms at any time, in its sole discretion.

Appears in 3 contracts

Samples: General Terms And, General Terms And, General Terms And

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PRICE & PAYMENT. Price specified in PO is complete and includes all charges for crating, packing, storage, transportation and delivery to Destination (asee POTC Section 5), and all governmental (municipal/local, provincial/state or federal/national) The purchase price for and regulatory charges, surcharges, fees, taxes (including, but not limited to, HST, GST, PST) or the Products will be the price for the Products in effect at the time of shipment, unless otherwise agreed upon in writing by the parties. Seller may change prices without notice. Prices contained in Seller issued quotations or proposals expire 30 days from the date of quotation and are subject to change or termination by notice during this period. like (b) Buyer will pay for all taxes, excises or other charges (except taxes on or measured by net income“Taxes”) that Seller is required by domestic or foreign law to collect from AGC. Seller shall separately state such Taxes on its invoices to AGC. Seller shall make payment of all Taxes. No additional charges, surcharges, fees, taxes or the like may be required added. No later than five (5) business days from AGC’s request, Seller will provide AGC with evidence of payment of Taxes to pay respective authorities receiving Taxes. If price is not stipulated in PO, then Seller shall not fill PO at any price higher than that last quoted in writing or charged by Seller to any government (foreignAGC, national, state or local) with respect to the production, sale or transportation of any Products, except where the law expressly provides otherwisewhichever is lesser. Unless otherwise specified, prices in PO are firm for any PO quantity or term specified. No increase in price of G&S by Seller will apply to PO or be effective against AGC without prior written consent of AGC. Seller shall provide AGC with pricing and terms for G&S that are not less favorable than those provided to other purchasers. If Seller reduces price for G&S, then Seller shall also immediately reduce price to AGC accordingly and refund to AGC any excess amount paid from the point in time of the initial price reduction. At any time during term of PO, if AGC receives from another source an offer to sell G&S of like quality, as determined by AGC, to that offered by Seller at a lower effective price (including delivery) than that under PO, AGC may request Seller to match such competitive offer. If within five (5) business days after date of AGC’s request Seller has not agreed to match such competitive offer, then AGC may purchase such G&S from such competitive source and the quantity so purchased will be deducted from PO. AGC shall have no responsibility to Seller for any consequential, reliance, or direct or indirect costs or losses of Seller whatsoever related to AGC’s election to purchase G&S from another source including, but not limited to, those related to design, engineering, or overhead expenses. Unless otherwise set forth in PO or agreed to in writing by Sellerthe Parties, Buyer Seller shall send invoices (i) promptly, (ii) only after shipment of G&S and (iii) to AGC’s address as stated on PO. Payment terms are net forty-five (45) days from (i) AGC’s acceptance of G&S covered by PO, or (ii) AGC’s receipt of a correct invoice, whichever is later. AGC will have no obligation whatsoever to pay for any G&S if the invoice for such G&S is not received by AGC within ninety (90) days after shipment of G&S. AGC will pay all freight, storage, handling, packaging, insurance or similar charges. (c) Seller may require Buyer to pay a deposit or provide an irrevocable letter of credit invoices in favor of Seller in an amount determined by Seller and from a bank approved by Seller payable on presentation of commercial invoice, packing list or a xxxx or lading indicating delivery to carrier. (d) Unless otherwise noted on the face of these accordance with payment terms and conditionscurrency set forth in PO, invoices are payable upon receipt in US fundswhich, in no event greater than 30 days from date unless otherwise stated, will be U.S. Dollars. AGC may make payment by any means satisfactory to AGC, including, but not limited to, check or wire transfer. Without prejudice to any other of invoiceAGC’s rights or remedies, subject to credit approval. All amounts due to Seller AGC may be accelerated immediately upon Buyer’s failure to pay invoices as required and shipments of Products may be suspended withhold or cancelled. Interest may be charged by Seller at the highest rate allowable by law. Buyer agrees to indemnify and hold harmless Seller from any and all legal fees and costs which may be required to collect any overdue balances. (f) Seller may offset or recoup any amounts owed by Seller to Buyer against any amounts owed by Buyer to Seller. Buyer waives all right of offset and will pay all amounts owed to Seller regardless of any claim asserted by Buyer. (g) Seller may change payment terms set off, at any time, in its sole discretion(i) any amounts invoiced by Seller that are disputed by AGC or (ii) amounts owing to Seller arising out of PO or any other agreement with Seller.

Appears in 1 contract

Samples: Entire Contract

PRICE & PAYMENT. (a) The purchase price for the Products will be the price for the Products in effect at the time of shipment, unless otherwise agreed upon in writing by the parties. Seller may change prices without notice. Prices contained in Seller issued quotations or proposals expire 30 days from the date of quotation and are subject to change or termination by notice during this period. (b) Buyer will pay for all taxes, excises or other charges (except taxes on or measured by net income) that Seller may be required to pay to any government (foreign, national, state or local) with respect to the production, sale or transportation of any Products, except where the law expressly provides otherwise. Unless otherwise agreed to in writing by Seller, Buyer Xxxxx will pay all freight, storage, handling, packaging, insurance or similar charges. (c) Seller may require Buyer to pay a deposit or provide an irrevocable letter of credit in favor of Seller in an amount determined by Seller and from a bank approved by Seller payable on presentation of commercial invoice, packing list or a xxxx bill or lading indicating delivery to carrier. (d) Unless otherwise noted on the face of these terms and conditions, invoices are payable upon receipt in US funds, in no event greater than 30 days from date of invoice, subject to credit approval. All amounts due to Seller may be accelerated immediately upon BuyerXxxxx’s failure to pay invoices as required and shipments of Products may be suspended or cancelled. Interest may be charged by Seller at the highest rate allowable by law. Buyer Xxxxx agrees to indemnify and hold harmless Seller from any and all legal fees and costs which may be required to collect any overdue balances. (f) Seller may offset or recoup any amounts owed by Seller to Buyer against any amounts owed by Buyer to Seller. Buyer waives all right of offset and will pay all amounts owed to Seller regardless of any claim asserted by BuyerXxxxx. (g) Seller may change payment terms at any time, in its sole discretion.

Appears in 1 contract

Samples: General Terms And

PRICE & PAYMENT. (a) The purchase price for the Products will be the price for the Products in effect at the time of shipment, unless otherwise agreed upon in writing by the parties. Seller may change prices without notice. Prices contained in Seller issued quotations or proposals expire 30 days from the date of quotation and are subject to change or termination by notice during this period. (b) Buyer will pay for all taxestaxes (including GST), duties, levies, excises or other government charges (foreign, national, state or local) in relation to the Products (except taxes on or measured by net income) that Seller may be required to pay to any government (foreign, national, state or local) with respect to the production, sale or transportation of any Products, except where the law expressly provides otherwise. Unless specified otherwise, prices quoted do not include GST. Unless otherwise agreed to in writing by Seller, Buyer will pay all freight, storage, handling, packaging, insurance or similar charges. (c) Seller may require Buyer to pay a deposit or provide an irrevocable letter of credit in favor favour of Seller in an amount determined by Seller and from a bank approved by Seller payable on presentation of commercial invoice, packing list or a xxxx or lading indicating delivery to carrier. (d) Unless otherwise noted on the face of these terms and conditionsagreed to in writing by Seller, invoices are payable upon receipt in [US funds], in no event greater than 30 days from date of invoice, subject to credit approval. All amounts payments due to Seller may be accelerated immediately upon Buyer’s failure to pay invoices as required and further shipments of Products may be suspended or cancelledcancelled at Seller's discretion. Interest may be charged by Seller on unpaid amounts at the highest rate allowable by law. Buyer agrees to indemnify and hold harmless Seller from any and all legal fees and costs which may be required to collect any overdue balances. (f) Seller may offset or recoup any amounts owed by Seller to Buyer against any amounts owed by Buyer to Seller. Buyer waives all right of offset and will pay all amounts owed to Seller regardless of any claim asserted by Buyer. (g) Seller may change payment terms at any time, in its sole discretion.

Appears in 1 contract

Samples: General Terms And

PRICE & PAYMENT. (a) The purchase price for the Products will be the price for the Products in effect at the time of shipment, unless otherwise agreed upon in writing by the parties. Seller may change prices without notice. Prices contained in Seller issued quotations or proposals expire 30 days from the date of quotation and are subject to change or termination by notice during this period. (b) Buyer will pay for all taxestaxes (including GST), duties, levies, excises or other government charges (foreign, national, state or local) in relation to the Products (except taxes on or measured by net income) that Seller may be required to pay to any government (foreign, national, state or local) with respect to the production, sale or transportation of any Products, except where the law expressly provides otherwise. Unless specified otherwise, prices quoted do not include GST. Unless otherwise agreed to in writing by Seller, Buyer will pay all freight, storage, handling, packaging, insurance or similar charges. (c) Seller may require Buyer to pay a deposit or provide an irrevocable letter of credit in favor favour of Seller in an amount determined by Seller and from a bank approved by Seller payable on presentation of commercial invoice, packing list or a xxxx or lading indicating delivery to carrier. (d) Unless otherwise noted on the face of these terms and conditionsagreed to in writing by Seller, invoices are payable upon receipt in US funds, in no event greater than 30 days from date of invoice, subject to credit approval. All amounts payments due to Seller may be accelerated immediately upon Buyer’s failure to pay invoices as required and further shipments of Products may be suspended or cancelledcancelled at Seller's discretion. Interest may be charged by Seller on unpaid amounts at the highest rate allowable by law. Buyer agrees to indemnify and hold harmless Seller from any and all legal fees and costs which may be required to collect any overdue balances. (f) Seller may offset or recoup any amounts owed by Seller to Buyer against any amounts owed by Buyer to Seller. Buyer waives all right of offset and will pay all amounts owed to Seller regardless of any claim asserted by Buyer. (g) Seller may change payment terms at any time, in its sole discretion.

Appears in 1 contract

Samples: General Terms And

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PRICE & PAYMENT. (a) The purchase price for the Products will be the price for the Products in effect at the time of shipment, unless otherwise agreed upon in writing by the parties. Seller may change prices without notice. Prices contained in Seller issued quotations or proposals expire 30 days from the date of quotation and are subject to change or termination by notice during this period. (b) Buyer will pay for all taxes, excises or other charges (except taxes on or measured by net income) that Seller may be required to pay to any government (foreign, national, state state, provincial or local) with respect to the production, sale or transportation of any Products, except where the law expressly provides otherwise. Unless otherwise agreed to in writing by Seller, Buyer will pay all freight, storage, handling, packaging, insurance or similar charges. (c) Seller may require Buyer to pay a deposit or provide an irrevocable letter of credit in favor of Seller in an amount determined by Seller and from a bank approved by Seller payable on presentation of commercial invoice, packing list or a xxxx or lading indicating delivery to carrier. (d) Unless otherwise noted on the face of these terms and conditions, invoices are payable upon receipt in US funds, in no event greater than 30 days from date of invoice, subject to credit approval. All amounts due to Seller may be accelerated immediately upon Buyer’s failure to pay invoices as required and shipments of Products may be suspended or cancelled. Interest may be charged by Seller at the lower of 18% per annum or the highest rate allowable by law. Buyer agrees to indemnify and hold harmless Seller from any and all legal fees and costs which may be required to collect any overdue balances. (fe) Seller may offset or recoup any amounts owed by Seller to Buyer against any amounts owed by Buyer to Seller. Buyer waives all right of offset and will pay all amounts owed to Seller regardless of any claim asserted by Buyer. (gf) Seller may change payment terms at any time, in its sole discretion.

Appears in 1 contract

Samples: General Terms And

PRICE & PAYMENT. (a) The purchase price for the Products will be the price for the Products in effect at the time of shipmentthe issued quotations or proposals for the Products, unless otherwise agreed upon in writing by the parties. Seller may change prices without notice. Prices contained in Seller issued quotations or proposals expire 30 days from the date of quotation and are subject to change or termination by notice during this periodperiod unless accepted in writing by Xxxxx. (b) Buyer will pay for all taxes, excises or other charges (except taxes on or measured by net income) that Seller may be required to pay to any government (foreign, national, state or local) with respect to the production, sale or transportation of any Products, except where the law expressly provides otherwise. Unless otherwise agreed to in writing by Seller, Buyer Xxxxx will pay all freight, storage, handling, packaging, insurance or similar charges. (c) Seller may require Buyer to pay a deposit or provide an irrevocable letter of credit in favor of Seller in an amount determined by Seller and from a bank approved by Seller payable on presentation of commercial invoice, packing list or a xxxx bill or lading indicating delivery to carrier. (d) Unless otherwise noted on the face of these terms and conditions, invoices are payable upon receipt in US RMB funds, in no event greater than 30 days from date of invoice, subject to credit approval. All amounts due to Seller may be accelerated immediately upon BuyerXxxxx’s failure to pay invoices as required and shipments of Products may be suspended or cancelled. Interest may be charged by Seller at the highest rate allowable by law. Buyer Xxxxx agrees to indemnify and hold harmless Seller from any and all legal fees and costs which may be required to collect any overdue balances. (f) Seller may offset or recoup any amounts owed by Seller to Buyer against any amounts owed by Buyer to Seller. Buyer waives all right of offset and will pay all amounts owed to Seller regardless of any claim asserted by BuyerXxxxx. (g) Seller may change payment terms at any time, in its sole discretionupon written agreement by Xxxxx.

Appears in 1 contract

Samples: General Terms and Conditions of Sale

PRICE & PAYMENT. (a) The purchase price for the Products will be the price for the Products in effect at the time of shipment, unless otherwise agreed upon in writing by the parties. Seller may change prices without notice. Prices contained in Seller issued quotations or proposals expire 30 days from the date of quotation and are subject to change or termination by notice during this period. (b) Buyer will pay for all taxes, excises or other charges (except taxes on or measured by net income) that Seller may be required to pay to any government (foreign, national, state or local) with respect to the production, sale or transportation of any Products, except where the law expressly provides otherwise. Unless otherwise agreed to in writing by Seller, Buyer will pay all freight, storage, handling, packaging, insurance or similar charges. (c) Seller may require Buyer to pay a deposit or provide an irrevocable letter of credit in favor of Seller in an amount determined by Seller and from a bank approved by Seller payable on presentation of commercial invoice, packing list or a xxxx or lading indicating delivery to carrier. (d) Unless otherwise noted on the face of these terms and conditions, invoices are payable upon receipt in US funds, in no event greater than 30 days from date of invoice, subject to credit approval. All amounts due to Seller may be accelerated immediately upon Buyer’s 's failure to pay invoices as required and shipments of Products may be suspended or cancelled. Interest may be charged by Seller at the highest rate allowable by law. Buyer agrees to indemnify and hold harmless Seller from any and all legal fees and costs which may be required to collect any overdue balances. (f) Seller may offset or recoup any amounts owed by Seller to Buyer against any amounts owed by Buyer to Seller. Buyer waives all right of offset and will pay all amounts owed to Seller regardless of any claim asserted by Buyer. (g) Seller may change payment terms at any time, in its sole discretion.

Appears in 1 contract

Samples: General Terms And

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