Common use of Remuneration and Payment Clause in Contracts

Remuneration and Payment. 1. Unless expressly agreed otherwise in writing in the Agreement, the prices are exclusive of VAT. 2. Unless expressly agreed otherwise in writing in the Agreement (such as by means of a fixed price and/or a different compensation as set forth in the Agreement), the Contractor will perform its work at least at an hourly rate of € 60 exclusive of VAT and any external costs prior agreed with the Client will be charged directly to the Client. Any advance payments will only be settled with (and therefore be considered to have been paid until at least) the last invoice to the Client. 3. Price increases resulting from additions and/or changes to the order made at the written request of the Client will be charged accordingly to the Client. 4. All demonstrable and substantiated costs resulting from unforeseen circumstances which the Contractor reasonably did not have to take into account when entering into the Agreement will be charged to the Client according to the agreed rates and in the absence thereof at the usual rates of Contractor. 5. All payments by the Client to the Contractor must be made into a bank account to be designated by the Contractor, without suspension or setoff, in euros and no later than thirty (30) days after the invoice date. Advances must be paid on the invoice date itself. These are ‘strict deadlines’ (voor de voldoening bepaalde termijnen) within the meaning of section 6:83(a) of the Dutch Civil Code (Burgerlijk Wetboek). 6. In the absence of full and timely payment as referred to in the previous paragraph, the Client shall be in default by operation of law with at least the following consequences: 1. Client shall own interest of 1.5% per month on the outstanding invoice/invoices; 2. Client will owe extrajudicial collection costs (buitengerechtelijke incassokosten) of 15% of the outstanding invoice/invoices with a minimum of € 250,00; 3. If the Contractor engages the Client in legal proceedings in respect of its payment obligations, the Client will also owe, in addition to the foregoing paragraphs, the actual costs incurred by the Contractor in this respect (such as legal fees, bailiff’s fees, court registry fees, etc.). 7. Payments made by the Client shall first be deducted from all costs and interest owed and then from the longest outstanding invoices, even if the Client states that the payment relates to (a) later invoice(s). 8. The Contractor will at all times be entitled to require the Client to provide security and/or advance payment for the fulfilment by the Client of its obligations under the Agreement. This applies in any event in case that any deadline of payment is exceeded, or in the event of any other failure in respect of this Agreement or in respect of any other Agreement on the part of the Client .The Client will comply with this at first request.