Common use of PRICE & PAYMENT Clause in Contracts

PRICE & PAYMENT. In consideration of any Good delivered to Buyer and/or any Service performed and accepted by Buyer under and in accordance with the terms of this Purchase Contract, Xxxxx agrees to pay the price expressly set forth on the face of this Purchase Contract and/or on the attached purchase order for such Good and/or such Service (“Price”) to the extent payable and due under this Purchase Contract. All invoices shall be sent to Buyer's Accounts Department and shall be in duplicate. Any cash discount period will date from the receipt of the Goods or from the date of the invoice, whichever is later. Seller warrants the prices of any Goods and/or Services set forth herein shall not exceed those charged by the Seller to any other customers purchasing the same or substantially similar items in similar or smaller quantities. The prices of this order are fixed and cannot be increased except with the express prior approval of the Buyer. Any Price payable and due under this Purchase Contract, in accordance with the terms, after receipt of invoice or delivery whichever the latter; provided, however, that the Price for any Good and/or Service shall in no event be payable and due upon such Good’s delivery to Buyer and/or upon the acceptance by Buyer of the performance of such Service; and provided further that the Price and any Buyer Taxes shall not be payable and due (i) for any Goods and/or Services subject to Section 3(i) until successful provision of a non-defective and conforming Correction, (ii) for any Goods and/or Services subject to rejection or revocation under Section 3(ii), (iii) to such extent of an equitable adjustment under Section 3(iii) of this Purchase Contract, (iv) to the extent of any violation of the price warranty under this Section 4, (v) to the extent such Goods and/or Services have not been provided or been returned if this Purchase Contract is terminated or canceled as a whole or regarding such Goods and/or Services, and (vi) to the extent of any claim or right of payment or damages that Buyer has against Seller and Buyer sets off against such Price and/or Buyer Taxes.

PRICE & PAYMENT. In consideration The Purchase Order may not be filled at prices higher than shown in the Purchase Order without the prior written approval of SCHOTT. If no price is shown on the Purchase Order, then Supplier shall (a) furnish the goods or services at the lower of the last price quoted by Supplier, last purchase price or price paid by SCHOTT, or the prevailing market price, or (b) notify and obtain the written approval of SCHOTT before proceeding with the Purchase Order. Supplier shall not charge SCHOTT more for the goods and services than Supplier charges other customers for the same or similar goods or services. Unless otherwise agreed to in writing by SCHOTT, SCHOTT is not required to pay, and Supplier shall not invoice SCHOTT, for any Good delivered to Buyer and/or any Service performed (x) goods until after they are received and accepted by Buyer under SCHOTT or (y) services until after they are completed by Supplier and accepted by SCHOTT. After receipt of Supplier’s invoice, SCHOTT shall make payment in accordance with the payment terms specified in XXXXXX’x Purchase Order or, if no payment terms are specified, within sixty (60) days of this Purchase ContractXXXXXX’x receipt of Supplier’s invoice. SCHOTT may withhold payment, Xxxxx agrees to pay the price expressly set forth on the face of this Purchase Contract and/or on the attached purchase order for such Good and/or such Service (“Price”) in whole or in part, if any goods or services are nonconforming or incomplete. Payment by SCHOTT shall not constitute any agreement by SCHOTT that goods or services are conforming to the extent payable and due under this Purchase Contract. All invoices shall be sent to Buyer's Accounts Department and shall be in duplicate. Any cash discount period will date from the receipt requirements of the Goods Purchase Order or from the date waive any rights or claims of the invoice, whichever is later. Seller warrants the prices of any Goods and/or Services set forth herein shall not exceed those charged by the Seller SCHOTT with respect to any other customers purchasing the same or substantially similar items in similar or smaller quantities. The prices of this order are fixed and cannot be increased except with the express prior approval of the Buyer. Any Price payable and due under this Purchase Contract, in accordance with the terms, after receipt of invoice or delivery whichever the latter; provided, however, that the Price for any Good and/or Service shall in no event be payable and due upon such Good’s delivery to Buyer and/or upon the acceptance by Buyer of the performance of such Service; and provided further that the Price and any Buyer Taxes shall not be payable and due (i) for any Goods and/or Services subject to Section 3(i) until successful provision of a non-defective and conforming Correction, (ii) for any Goods and/or Services subject to rejection or revocation under Section 3(ii), (iii) to such extent of an equitable adjustment under Section 3(iii) of this Purchase Contract, (iv) to the extent of any violation of the price warranty under this Section 4, (v) to the extent such Goods and/or Services have not been provided incomplete goods or been returned if this Purchase Contract is terminated or canceled as a whole or regarding such Goods and/or Services, and (vi) to the extent of any claim or right of payment or damages that Buyer has against Seller and Buyer sets off against such Price and/or Buyer Taxesservices.

PRICE & PAYMENT. In consideration Unless otherwise specified on the Purchase Order, the prices charged to Buyer include any applicable federal, state and local taxes, charges or duties. All shipments shall be in accordance with 2010 Incoterms DDP to Buyer’s premises. Seller’s price shall not be higher than the price stated on the Purchase Order or the last price quoted by Seller or charged to Buyer, whichever is lower, without the written approval of Buyer. No additional charges or fees of any Good delivered kind or nature, including taxes, shipping or packaging charges, travel or other out of pocket expenses, customs, duties or other fees or assessments, will be allowed unless specifically agreed to by Buyer and/or in writing or on the Purchase Order. Seller acknowledges that payment by Xxxxx will not constitute acceptance of Articles nor impair Xxxxx’s right to inspect Articles or invoke any Service performed of its remedies provided hereunder. Seller warrants that the prices charged Buyer on the Purchase Order are no higher than prices charged on orders placed by others for similar services or similar quantities of goods on similar conditions subsequent to the last general announced price change, and Seller agrees that any reduction in the price of Articles subsequent to the date of the Purchase Order will result in a corresponding reduction in price to the Articles under this Agreement, effective retroactively to the date of the Purchase Order. If Seller breaches this warranty, the prices of Articles will be reduced accordingly, retroactive to the date of such breach. Unless otherwise stated on the Purchase Order, payment terms shall be 2%/15 net 70. The invoice payment period and the determination of any discount periods will start on the later of the date (a) Seller’s invoice is received at Buyer’s accounts payable department, or (b) Articles are received and accepted by Buyer under and in accordance with at the terms of this Purchase Contractappropriate location. If the invoice receipt by Buyer is delinquent, Xxxxx agrees or if a pricing discrepancy results when comparing the invoice amount to pay the price expressly set forth amounts listed on the face Purchase Order or Articles received, processing of this Purchase Contract and/or on the attached purchase order for such Good and/or such Service (“Price”) invoice may be delayed and Buyer shall still be entitled to the extent payable and due under this Purchase Contracttake any applicable cash discount. All invoices amounts of any discounts not subtracted from the purchase price at the time of payment shall be sent accumulate to Buyer's Accounts Department ’s benefit, and shall be in duplicate. Any cash discount period will date from payable to Buyer upon demand together with 6% annual interest or the receipt of the Goods or highest annual interest rate allowed under applicable law from the date of Buyer’s payment to Seller of the invoice, whichever is laterpurchase price. Seller warrants the prices of any Goods and/or Services set forth herein shall not exceed those charged by retain any lien, security interest or other right in the Seller to any other customers purchasing the same or substantially similar items in similar or smaller quantities. The prices of this order are fixed and cannot be increased except with the express prior approval of the Buyer. Any Price payable and due under this Purchase Contract, in accordance with the terms, after receipt of invoice or delivery whichever the latter; provided, however, that the Price for any Good and/or Service shall in no event be payable and due upon such Good’s delivery to Buyer and/or upon the acceptance by Buyer of the performance of such Service; and provided further that the Price and any Buyer Taxes shall not be payable and due (i) for any Goods and/or Services subject to Section 3(i) until successful provision of a non-defective and conforming Correction, (ii) for any Goods and/or Services subject to rejection or revocation under Section 3(ii), (iii) to such extent of an equitable adjustment under Section 3(iii) of this Purchase Contract, (iv) to the extent of any violation of the price warranty under this Section 4, (v) to the extent such Goods and/or Services have not been provided or been returned if this Purchase Contract is terminated or canceled as a whole or regarding such Goods and/or Services, and (vi) to the extent of any claim or right of payment or damages that Buyer has against Seller and Buyer sets off against such Price and/or Buyer TaxesArticles.

PRICE & PAYMENT. In consideration All sums payable under these Conditions or any Contract are exclusive of any Good delivered to Buyer VAT (if applicable) chargeable on the supplies for which such sums (or any part of them) are the whole or part of the consideration for VAT purposes. All taxes, charges, levies, assessments and other fees of any kind imposed on the purchase of the Products and/or Services and the Delivery thereof under these Conditions or any Service performed Contract shall be the responsibility of, and accepted for the account of, the Customer. The Price shall be paid without deduction, set off, counterclaim, discount, abatement or withholding whatsoever in the Currency in full upon (i) notification being received from the Supplier that the Product is ready for despatch and (ii) the Supplier’s invoice being received by Buyer under the Customer. The Supplier shall invoice the Customer and the Customer shall pay the Price in accordance with the payment terms set out in the Written Proposal and time for payment of this Purchase the Price shall be the essence of these Conditions or any Contract. If the Customer requests any variation to the Products and/or the Services and/or clause 2.13 applies, Xxxxx agrees then the Supplier reserves the right to increase the Price. The Supplier reserves the right at its sole discretion to terminate the Contract or withhold Delivery or to suspend or terminate the provision of the Services if the Customer fails to pay the price expressly set forth Price or any part thereof on the face due date for payment and upon such suspension or termination, the full unpaid balance of this Purchase Contract and/or the Price shall immediately fall due for payment. Interest on late payments shall be charged by the attached purchase order for such Good and/or such Service (“Price”) Supplier at the rate of 8% above the base lending rate from time to time of the extent payable Bank of England, accruing on a daily basis and due under this Purchase Contractbeing compounded quarterly until payment is made, whether before or after any judgement. All invoices sent under the Contract shall be addressed to the Customer’s address as set out in the Written Proposal and may be sent to Buyer's Accounts Department and shall be in duplicate.pdf format by electronic mail. Any cash discount period will date from the receipt of the Goods or from the date of the invoiceThe Supplier may, whichever is later. Seller warrants the prices of any Goods and/or Services set forth herein shall not exceed those charged by the Seller without prejudice to any other customers purchasing rights it may have, set off any liability of the same or substantially similar items in similar or smaller quantitiesCustomer to the Supplier against any liability of the Supplier to the Customer. The prices Customer shall indemnify the Supplier against and shall reimburse the Supplier on demand for all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of this order are fixed profit, debt collection costs and cannot be increased except all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Supplier and which may arise out of or in connection with the express prior approval Customer’s breach or non- performance of the Buyer. Any Price payable and Customer’s obligations under the Contract (including but not limited to the duty to pay all amounts due under this Purchase the Contract, in accordance with ) and the terms, after receipt of invoice or delivery whichever the latter; provided, however, that the Price for any Good and/or Service shall in no event be payable and due upon such GoodSupplier’s delivery to Buyer and/or upon the acceptance by Buyer enforcement of the performance of such Service; and provided further that the Price and any Buyer Taxes shall not be payable and due (i) for any Goods and/or Services subject to Section 3(i) until successful provision of a non-defective and conforming Correction, (ii) for any Goods and/or Services subject to rejection or revocation under Section 3(ii), (iii) to such extent of an equitable adjustment under Section 3(iii) of this Purchase Contract, (iv) to the extent of any violation of the price warranty under this Section 4, (v) to the extent such Goods and/or Services have not been provided or been returned if this Purchase Contract is terminated or canceled as a whole or regarding such Goods and/or Services, and (vi) to the extent of any claim or right of payment or damages that Buyer has against Seller and Buyer sets off against such Price and/or Buyer Taxes.

PRICE & PAYMENT. In consideration The prices to be paid by the Company to Supplier for the Products and Supplies shall be in US Dollars. The prices shall be set forth by the Supplier in electronic format in its database of any Good delivered Products and Supplies as described in Section 3 below. Generally, the Supplier receives a discount from publisher's list price on Products ("Supplier's Discount"). [*] the Company will pay the Supplier according to Buyer and/or any Service performed the Discount Schedule below. The discount codes for each product will be transmitted to the Company in the database (section 3). DISCOUNT SCHEDULE ----------------- CODE DISCOUNT ---- -------- [*] [*] indicates redacted text. 3 DISCOUNT SCHEDULE ----------------- CODE DISCOUNT ---- -------- [*] There will be a distribution fee of [*] per shipment for Products and accepted Supplies ordered from the Supplier by Buyer under and in accordance with the terms Company. Thirty days from the signing of this Purchase Contractagreement, Xxxxx agrees for written or email purchase orders (not in BISAC format), there will be a processing fee of [*] per order for input of the order into the Supplier's system. If the Company inputs the orders, the order processing fee will be waived. The Supplier will make available to pay the Company access to the Suppliers system for purpose of the Company inputting orders. For shipping and tracking information, if the Company is unable to accept an electronic file, there is a [*] per shipment. If the Company is unable to submit or receive the purchase order information or shipping and tracking information due to the fault of the Supplier, the processing fees will be waived by the Supplier. The Supplier will provide the Supplies at a price expressly to the Company as set forth on the face database of this Purchase Contract and/or Products and Supplies described in Section 3 below. The Prices for backordered items shall be the prices in effect on the attached purchase day the order for such Good and/or such Service (“Price”) to the extent payable and due under this Purchase Contractis placed. All invoices backorders are considered valid unless cancelled in writing. Shipping charges, customs charges and non-deliverable charges assessed by the carrier shall be sent to Buyer's Accounts Department and shall be in duplicate. Any cash discount period will date from the receipt responsibility of the Goods or from the date of the invoice, whichever is later. Seller warrants the prices of any Goods and/or Services set forth herein shall not exceed those charged by the Seller to any other customers purchasing the same or substantially similar items in similar or smaller quantities. The prices of this order are fixed and cannot be increased except with the express prior approval of the Buyer. Any Price payable and due under this Purchase Contract, in accordance with the terms, after receipt of invoice or delivery whichever the latter; provided, however, that the Price for any Good and/or Service shall in no event be payable and due upon such Good’s delivery to Buyer and/or upon the acceptance by Buyer of the performance of such Service; and provided further that the Price and any Buyer Taxes shall not be payable and due (i) for any Goods and/or Services subject to Section 3(i) until successful provision of a non-defective and conforming Correction, (ii) for any Goods and/or Services subject to rejection or revocation under Section 3(ii), (iii) to such extent of an equitable adjustment under Section 3(iii) of this Purchase Contract, (iv) to the extent of any violation of the price warranty under this Section 4, (v) to the extent such Goods and/or Services have not been provided or been returned if this Purchase Contract is terminated or canceled as a whole or regarding such Goods and/or Services, and (vi) to the extent of any claim or right of payment or damages that Buyer has against Seller and Buyer sets off against such Price and/or Buyer Taxes[*].

PRICE & PAYMENT. In consideration of any Good delivered Unless otherwise specified on the Purchase Order, the prices charged to Buyer and/or include any Service performed applicable federal, state and accepted by Buyer under and local taxes, charges or duties. All shipments shall be in accordance with the terms of this Purchase Contract, Xxxxx agrees 2010 Incoterms DDP to pay Buyer’s premises. Seller’s price shall not be higher than the price expressly set forth stated on the face Purchase Order or the last price quoted by Seller or charged to Buyer, whichever is lower, without the written approval of this Purchase Contract and/or Buyer. No additional charges or fees of any kind or nature, including taxes, shipping or packaging charges, travel or other out of pocket expenses, customs, duties or other fees or assessments, will be allowed unless specifically agreed to by Buyer in writing or on the attached purchase order Purchase Order. Seller acknowledges that payment by Buyer will not constitute acceptance of Articles nor impair Buyer’s right to inspect Articles or invoke any of its remedies provided hereunder. Seller warrants that the prices charged Buyer on the Purchase Order are no higher than prices charged on orders placed by others for such Good and/or such Service (“Price”) similar services or similar quantities of goods on similar conditions subsequent to the extent payable last general announced price change, and due Seller agrees that any reduction in the price of Articles subsequent to the date of the Purchase Order will result in a corresponding reduction in price to the Articles under this Agreement, effective retroactively to the date of the Purchase ContractOrder. If Seller breaches this warranty, the prices of Articles will be reduced accordingly, retroactive to the date of such breach. Unless otherwise stated on the Purchase Order, payment terms shall be 2%/15 net 70. The invoice payment period and the determination of any discount periods will start on the later of the date (a) Seller’s invoice is received at Buyer’s accounts payable department, or (b) Articles are received by Buyer at the appropriate location. If the invoice receipt by Buyer is delinquent, or if a pricing discrepancy results when comparing the invoice amount to the amounts listed on the Purchase Order or Articles received, processing of the invoice may be delayed and Buyer shall still be entitled to take any applicable cash discount. All invoices amounts of any discounts not subtracted from the purchase price at the time of payment shall be sent accumulate to Buyer's Accounts Department ’s benefit, and shall be in duplicate. Any cash discount period will date from the receipt of the Goods or payable to Buyer upon demand together with 6% annual interest from the date of Buyer’s payment to Seller of the invoice, whichever is laterpurchase price. Seller warrants the prices of any Goods and/or Services set forth herein shall not exceed those charged by retain any lien, security interest or other right in the Seller to any other customers purchasing the same or substantially similar items in similar or smaller quantities. The prices of this order are fixed and cannot be increased except with the express prior approval of the Buyer. Any Price payable and due under this Purchase Contract, in accordance with the terms, after receipt of invoice or delivery whichever the latter; provided, however, that the Price for any Good and/or Service shall in no event be payable and due upon such Good’s delivery to Buyer and/or upon the acceptance by Buyer of the performance of such Service; and provided further that the Price and any Buyer Taxes shall not be payable and due (i) for any Goods and/or Services subject to Section 3(i) until successful provision of a non-defective and conforming Correction, (ii) for any Goods and/or Services subject to rejection or revocation under Section 3(ii), (iii) to such extent of an equitable adjustment under Section 3(iii) of this Purchase Contract, (iv) to the extent of any violation of the price warranty under this Section 4, (v) to the extent such Goods and/or Services have not been provided or been returned if this Purchase Contract is terminated or canceled as a whole or regarding such Goods and/or Services, and (vi) to the extent of any claim or right of payment or damages that Buyer has against Seller and Buyer sets off against such Price and/or Buyer TaxesArticles.