Common use of Valid Invoice Clause in Contracts

Valid Invoice. The Supplier shall indemnify the Contracting Authority on a continuing basis against any liability, including any interest, penalties or costs incurred, which is levied, demanded or assessed on the Contracting Authority at any time (whether before or after the making of a demand pursuant to the indemnity hereunder) in respect of the Supplier's failure to account for or to pay any VAT relating to payments made to the Supplier under this Call Off Contract. Any amounts due under this Clause (VAT) shall be paid in cleared funds by the Supplier to the Contracting Authority not less than five (5) Working Days before the date upon which the tax or other liability is payable by the Retention and Set Off The Contracting Authority may retain or set off any amount owed to it by the Supplier against any amount due to the Supplier under this Call Off Contract or under any other agreement between the Supplier and the If the Contracting Authority wishes to exercise its right pursuant to Clause 23.2.3 it shall give notice to the Supplier within thirty (30) days of receipt of the relevant invoice, setting out the Contracting Authority reasons for retaining or setting off the relevant Call Off Contract Charges. The Supplier shall make any payments due to the Contracting Authority without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Supplier has obtained a sealed court order requiring an amount equal to such deduction to be paid by the Contracting Authority to the Supplier. Any requirement of Law to account for the Services in any currency other than Sterling, (or to prepare for such accounting) instead of and/or in addition to Sterling, shall be implemented by the Supplier free of charge to the The Contracting Authority shall provide all reasonable assistance to facilitate compliance with Clause 23.3.1 by the Supplier. Where the Supplier or any Supplier Personnel are liable to be taxed in the UK or to pay national insurance contributions in respect of consideration received under this Call Off Contract, the Supplier shall: at all times comply with the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax, and the Social Security Contributions and Benefits Act 1992 and all other statutes and regulations relating to national insurance contributions, in respect of that consideration; and indemnify the Contracting Authority against any income tax, national insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made (whether before or after the making of a demand pursuant to the indemnity hereunder) in connection with the provision of the Services by the Supplier or any Supplier Personnel. In the event that any one of the Supplier Personnel is a Worker as defined in Call Off Schedule 1 (Definitions), and that particular Worker is liable to be taxed in the UK in respect of any consideration it receives relating to the Services, then the Supplier shall ensure that its contract with the Worker includes the following requirements: that the Worker must comply with the Income Tax (Earnings and Pensions) Act 2003 (ITEPA) and all other statutes and regulations relating to income tax in respect of that consideration; that the Worker must comply with the Social Security Contributions and Benefits Act 1992 (SSCBA) and all other statutes and regulations relating to national insurance contributions in respect of that consideration; that the Contracting Authority may, at any time during the Call Off Contract Period, request that the Worker provide information which demonstrates how the Worker complies with the above requirements (a) and (b), or why those requirements do not apply to it. In such case, the Contracting Authority may specify the information which the Worker must provide and the period within which that information must be provided; that the Worker’s contract may be terminated at the Contracting Authority request if: the Worker fails to provide information requested by the Contracting Authority within the time specified by the Customer; and/or the Worker provides information which the Contracting Authority considers is inadequate to demonstrate how the Worker complies with requirements (a) or (b) or confirms that the Worker is not complying with those requirements; and. that the Contracting Authority may supply any information it receives from the Worker to HMRC for the purpose of the collection and management of revenue for which they are responsible. If, at any point during the Call Off Contract Period, an Occasion of Tax Non-Compliance occurs, the Supplier shall: notify the Contracting Authority in writing of such fact within five (5) Working Days of its occurrence; and promptly provide to the details of the steps that the Supplier is taking to address the Occasion of Tax Non-Compliance and to prevent the same from recurring, together with any mitigating factors that it considers relevant; and such other information in relation to the Occasion of Tax Non-Compliance as the Contracting Authority may reasonably require. In the event that the Supplier fails to comply with this Clause 24 and/or does not provide details of proposed mitigating factors which in the reasonable opinion of the Contracting Authority are acceptable, then the Contracting Authority reserves the right to terminate this Call Off Contract for material Default.

Appears in 2 contracts

Sources: Order Form and Call Off Terms, Order Form and Call Off Terms