Prices and Payment Clause Samples
The "Prices and Payment" clause defines the terms under which goods or services will be priced and how payment will be made between the parties. It typically outlines the agreed-upon prices, acceptable payment methods, due dates for payment, and any consequences for late payment, such as interest or penalties. This clause ensures both parties have a clear understanding of financial obligations, reducing the risk of disputes over costs or payment timing.
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Prices and Payment. 6.1 Set forth herein in Exhibit M is the Forecasted Volume of Wafers by Process that ▇▇▇▇▇▇▇▇▇ will purchase from National during the term of this Agreement. Set forth in Exhibit N hereto are the prices which ▇▇▇▇▇▇▇▇▇ shall pay to National for Wafers manufactured hereunder during the first six (6) fiscal periods of this Agreement.
6.2 The Parties hereby acknowledge that the prices ▇▇▇▇▇▇▇▇▇ shall pay to National for silicon wafers manufactured pursuant to this Agreement are based on the collateral transactions and ongoing relationship between the Parties as expressed in the Purchase Agreement, Revenue Side Letter and corresponding ▇▇▇▇▇▇▇▇▇ Foundry Services Agreement, ▇▇▇▇▇▇▇▇▇ Assembly Services Agreement, and Mil/Aero Wafer and Services Agreement of even date herewith between the Parties (collectively the "Operating Agreements"). The prices which ▇▇▇▇▇▇▇▇▇ shall pay to National for Wafers manufactured hereunder after the first six (6) fiscal periods of this Agreement are set forth herein at Exhibit L. In addition, Products that qualify will be subject to a die cost adjustment as provided in Exhibit E.
6.3 For purposes of Exhibit L, ▇▇▇▇▇▇▇▇▇, or any "Big 6" accounting firm designated by ▇▇▇▇▇▇▇▇▇, shall have reasonable rights to audit not more than twice each fiscal year the books and records of National relevant to the pricing terms of this Agreement in order to come to agreement with National with regard to National's actual manufacturing costs.
6.4 Prices are quoted and shall be paid in U.S. Dollars. Such prices are on an FOB ship point basis. Payment terms are net thirty (30) from date of invoice. Miscellaneous services may be invoiced separately.
6.5 ▇▇▇▇▇▇▇▇▇ shall pay, in addition to the prices quoted or invoiced, the amount of any freight, insurance, special handling and duties. ▇▇▇▇▇▇▇▇▇ shall also pay all sales, use, excise or other similar tax applicable to the sale of goods or provision of services covered by this Agreement, or ▇▇▇▇▇▇▇▇▇ shall supply National with an appropriate tax exemption certificate.
6.6 ▇▇▇▇▇▇▇▇▇ shall in no event be required to pay prices in excess of those charged by National for other third party foundry customers, for substantially similar products sold on substantially similar terms (e.g., volume, payment terms, manufacturing criteria, contractual commitments vs. spot buys, etc.). In the event National desires to perform such foundry services for other third party customers at such lower prices, National shall imme...
Prices and Payment. 2.1 The price for the Goods will be the price as referred to in the Order Confirmation (“Price”) and, unless otherwise agreed in writing, is exclusive of:
2.1.1 Any costs of insurance, carriage and delivery of the Goods;
2.1.2 Taxes (including VAT), import duties or levies (as applicable).
Prices and Payment. 4.1 Prices for the Products and Services are as set forth in the Agreement. The price as so determined is the sole amount payable by Timken to Seller or any third party for the purchase of the Products or Services, and Seller shall be solely responsible for, among other things, (a) costs of raw materials, supplies or manufacture, (b) duties or similar charges, (c) insurance premiums, (d) salaries or benefits of employees, or (e) handling, packaging, shipping or storage costs. No increases or surcharges to pricing will be effective without Timken’s prior written consent.
4.2 The price includes all applicable federal, state, provincial and local taxes other than sales or value added taxes. Seller shall issue invoices for any sales or value added taxes that Seller is required by law to collect from Timken, in a form sufficient to permit Timken to make appropriate deductions for income tax purposes. Seller shall provide Timken with all information and documentation required under local law to enable Timken to recover any sales, value added or similar turnover taxes.
4.3 Seller may not send invoices earlier than the date of receipt at Timken’s facility of Products or completion of Services or, in the case of consignment, the end of the consignment period as defined in Section 2.4. All invoices must include Timken’s complete purchase order number and have all necessary or required bills of lading and other shipping receipts and documents attached.
4.4 Payment terms in respect of undisputed invoices are as stated in the Agreement, or, if none are so stated, net 60 days. Any payment or discount period will be calculated from the date of receipt by Timken of an accurate and properly prepared invoice (including all required supporting documents).
4.5 In addition to any right of setoff or recoupment provided by law or equity, all amounts due to Seller shall be considered net of indebtedness of Seller and its affiliates to Timken and its affiliates, and Timken shall have the right to set off against or to recoup from any amounts due to Seller and its affiliates from Timken and itsaffiliates.
Prices and Payment. 7.1 The prices to be paid by the VAR to the Company for the Products and Services are to be the Company’s VAR list prices as shown in ‘The Services', and as amended by the Company from time to time.
7.2 The Company shall give the VAR notice on a monthly basis of any changes in the prices of the Products and/or Services.
7.3 Any and all expenses, costs and charges incurred by the VAR in the performance of its obligations under this Agreement shall be paid by the VAR unless the Company has expressly agreed beforehand in writing to pay such expenses, costs and charges.
Prices and Payment. 9.1. The Contract Price for the Verification Servicesshall not exceed EUR2 595 125,03 (two million five hundred ninety-five thousand one hundred twenty-five euro and three cents), excluding VAT, such amount being payable in case of proper and full completion of all the Verification Services provided by the Verification Programmeand subject to conditions set-forth in the Contract.
9.2. For clarity, it is confirmed that the Principalshall not be obliged to order all Verification Servicesprescribed under the Verification Programme(i.e., issue Orders in respect of all Work Packagesa)nd to use the entire Contract Price, as NoBo shall only be paid for theVerification Services(completed Work Packages,)which have been ordered by the Principaland provided by NoBo as per the terms and conditions of the Contract.
9.3. The Remuneration payable to NoBo for thespecific Work Package, is provided in NoBsubmitted by NoBo, hereby attached as Annex6 which shall be split into separate instalments and be payable by the Principal to the NoBo according to the schedule set forth in Annex 5. For clarity, the amount payable to NoBo for the completed Work Package shall be the fixed amount provided in theAnnex 6 of the Contract as submitted by NoBo.
9.4. Other amounts, such as price per kilometre and hourly rate, are provided in theNoB Tenderfor clarity and shall not affect any paymentsto NoBo, except where the Remuneration (regarding the Work Package concerned)is calculated based on the number of kilometres and the actual number of kilometres under the specific Work Package is different to the number of kilometres provided under the Work Package concerned by more thanten percent (10%), in which case the Remuneration under the Work Packageconcerned shall be recalculated by taking the actual number of kilometres. As a result, the Principal and NoBo shall update the Verification Programmeat the earliest conveniencepursuant to the Contract conditions.
9.5. The Remuneration forcompletion of the Work Packages shall be paid to NoBo on a quarterly (three-months) basis, the first quarter ending on the last day of the month in which the Transfer-Acceptance ▇▇▇▇▇▇▇ signed by the Principal and NoBo with regards to the first Work Package completed hereunder by ▇▇▇▇.
9.6. The Remuneration payment pre-conditions are: the Transfer-Acceptance Deed and the for the completed Work Package(s).
9.7. The Remunerationshall be paid to NoBo within sixty (60)calendar days upon expiration of a quarter within w...
Prices and Payment. 1. Agreed prices are fixed prices.
2. The agreed prices shall apply at the time of delivery.
3. If no further individual price agreements are made, after expiry of a price agreement the last agreed price and the conditions agreed therein shall remain valid until the end of the spare parts supply period.
4. Payment is to be effected upon receipt of the goods in accordance with the contract, or upon clean acceptance of the service, and upon receipt of the correct and verifiable invoice. The date of receipt of delivery determines the payment and discounting periods for agreed crediting procedures; otherwise the later date of receipt of delivery and invoice. The date of acceptance shall apply to other services. After receipt of the invoice or acceptance of the service or when the goods are received payments shall be due on the 25th day of the month following delivery less 3% discount, or by special agreement.
5. In cases where premature delivery is accepted, payment becomes due in accordance with the agreed delivery date.
6. In the event of defective delivery the Buyer shall be entitled to withhold payment pro rata until correct performance is fulfilled.
7. The Buyer is entitled to offset his due counter-claims.
8. The Supplier shall not enforce any retention rights for deliveries of goods or rendering of work or services or revoke any right of use.
Prices and Payment. 5.1 In consideration of the Agent providing the Agency Services, the Client agrees to pay the Charges, subject always to the provisions of clause 14.
5.2 The Charges shall be calculated in accordance with the Specification. The Charges represent the rate paid to the Freelancer as accrued from time to time in accordance with this Agreement, plus commission charged by the Agent.
5.3 The Client acknowledges that the Agent retains the right to review and vary the Charges at any time by giving written notice to the Client.
5.4 The Charges are exclusive of value added tax and all other applicable taxes, duties and levies which will be charged and invoiced to the Client in addition.
5.5 The Charges shall only be payable under any Order if and when a Candidate which has been referred by the Agent to the Client is engaged by the Client as a Freelancer and commences the provision of the Contract Services to which such Order relates.
5.6 Charges shall be paid upon receipt of the Agent’s invoice. Invoices shall be raised when the Freelancer has completed an Assignment with the Client, unless such Assignment lasts for longer than one week, or the Agent supplies a number of Freelancers to the Client at any time in respect of the same Assignment, in which case the Agent shall raise an invoice in accordance with the Specification during the relevant Assignment. Invoices are not subject to discounts, reductions or rebates of any kind, including but not limited to any counterclaim or set off.
5.7 Any Contract Services which the Freelancer may be required to perform which are not expressly identified under the Specification shall be the subject of an additional or revised charge which shall be notified by the Agent to the Client in advance.
5.8 If the Client is overdue with any payment owing under this Agreement then, without prejudice to any other right or remedy available to the Agent:-
5.8.1 the Client will be liable to pay statutory compensation for debt recovery costs and interest (before and after judgment) on the overdue amount at an annual rate of 8% above the prevailing base lending rate of the Bank of England, which interest will accrue on a daily basis from the date payment becomes due until the Agent has received full payment of the amount due together with all accrued interest; and
5.8.2 The Agent shall on giving notice to the Client be entitled to suspend the supply of the Agency Services and also the provision by the Freelancer of any Contract Services pursuan...
Prices and Payment. Fees for the initial or any subsequent term of Customer’s support agreement will be due and payable net 30 days from date of invoice. All payments to F5 Networks will be made in US dollars. F5 may accept payment in any amount without prejudice to its right to recover the balance of the amount due or to pursue any other right or remedy. No endorsement or statement on any check or payment or in any letter accompanying a check or payment or elsewhere will be construed as an accord or satisfaction. Overdue payments may be charged interest at the lesser of 1.5% per month or the maximum interest allowed by law. If F5 is required to retain a collection agency or attorney to collect overdue payment, all reasonable collection costs, including attorney fees, will be payable by Purchaser.
Prices and Payment. 5.1. Customer shall pay Optum for the use of the Software and for the Services in the amounts set forth on each Schedule. Customer shall pay all applicable sales, use, and any other taxes (other than Optum's income taxes), however designated, which are collected or levied on account of this Agreement, unless Customer is exempt from such taxes and provides Optum with appropriate documentation of the exemption. Where value added tax is chargeable, Optum shall add the amount of tax to the invoice issued to the Customer and the Customer shall pay such tax amounts against the issuing of a VAT receipt.
5.2. Customer shall pay Optum for any additional billable services, which Customer requests and Optum performs and which are not specified in any Schedules, at Optum's then-current time and materials rates. In the event Optum provides such additional billable services, Customer will reimburse Optum for all reasonable out of pocket expenses incurred in performing such additional billable services, with prior authorization from Customer, including transportation, hotel accommodations, meals, telephone calls, and overnight couriers. Optum will provide copies of receipts for any expenses over £25 at Customer’s request. Expenses reimbursed under this Clause are not refundable by Optum to Customer for any reason. All invoices will be stated in and all payments made in UK pounds sterling.
5.3. Customer agrees to pay all fees and expenses invoiced by Optum within thirty (30) days after the date of each invoice. Undisputed payments not received by the due date shall bear interest at a rate equal to the lesser of one and one-half percent (1½ %) per month, or the maximum rate allowed by law. Upon reasonable notice to Customer, Optum shall have the right to inspect and audit Customer’s records relating to this Agreement, to confirm the calculation of fees due under this Agreement and Customer’s compliance with this Agreement. Optum agrees to hold such records in confidence. Such audits shall occur no more often than once per year, and shall be conducted with the least interruption to Customer’s normal business operations as feasible.
Prices and Payment. 4.1 ACM to pay Supplier for supply of Milk
4.1.1 ACM will pay Supplier for the supply of Milk calculated in accordance with this Agreement.
4.1.2 ACM may announce an increase or step-up to the amount it pays for Milk from time to time although it is not required to do so.
4.1.3 Under no circumstances, will ACM retrospectively decrease the amount it pays for Milk. In exceptional circumstances only, and as provided for under the Code, ACM may prospectively decrease the amount it pays for Milk.