CREDIT AND PAYMENT TERMS. Unless otherwise agreed to by the Seller in the Credit Agreement all payments are due and payable in Tampa, Florida net thirty (30) days from date of invoice or Buyer’s receipt of the product or services, whichever is sooner. For partial shipments, pro rata payments are due as partial shipments are made and invoice received. Under no circumstances shall any invoice or percentage thereof be withheld as retainage or other set-off against Seller’s obligations to Buyer, without Seller’s prior written consent, and, in no event, shall any retainage or set- off held by Buyer be greater than five percent (5%) of the total value of this Agreement. All past due payments shall accrue interest at the lesser of one and one-half percent (1.5%) per month (non-compounded) or the maximum rate allowable under applicable law until paid in full. Additionally, payments not made within thirty (30) days of the due date are subject to a one-time “late charge” equal to four percent (4%) of the payment then due. Notwithstanding the above provision for payment terms, if Buyer is in arrears over thirty (30) days, or if Buyer materially breaches any term of this Agreement of the Credit Agreement, then Seller reserves the right to suspend work on this Agreement and all other orders from Buyer, and/or to withhold shipment of completed equipment (if applicable), and to demand full payment of all amounts in arrears, plus full or partial payment in advance for work in process or as a condition to delivery. In the event of such suspension of work or withholding of shipment, Buyer shall defend, indemnify and hold Seller harmless from any and all loss, damages, expenses, fees, costs, fines or penalties whatsoever which may result to any person or entity due to any delays and damages occasioned thereby.
CREDIT AND PAYMENT TERMS. 5.1 PAYMENT. Terms of payment are [*]. Payment of an invoice shall not constitute or imply acceptance of the Product or relieve McDATA of any obligations assumed under this Agreement, nor prevent EMC from asserting any other rights it may have under this Agreement. Each Product shipment shall be invoiced by McDATA upon shipment, and paid for by EMC when due, without regard to other scheduled deliveries. All prices and fees described in this Agreement are in United States dollars and all payments hereunder shall be made in United States Dollars (i) by electronic wire transfer for international shipments, or (ii) by electronic wire transfer or check for domestic shipments.
CREDIT AND PAYMENT TERMS. Payment by Customer shall be made by means of electronic funds transfer, and the terms shall be net fifteen (15) days subject to credit approval by Seller. Past due amounts shall accrue interest at a rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is less. All amounts more than fifteen (15) days past due shall incur an additional five percent (5%) administrative fee. Any waiver by Seller of interest charges or administrative fees on a particular invoice shall not be construed as a waiver by Seller of its right to impose such charges on other or subsequent deliveries. Seller reserves the right to apply Customer’s payments to any outstanding invoices or obligations of Customer, as determined by Seller in its sole discretion, without regard to the aging of any account. Customer shall be liable for all fees and costs, including without limitation attorney’s fees, incurred by Seller in connection with any collection activities undertaken by Seller for the non-payment of any amounts due hereunder by Customer. Seller reserves the right to modify or cancel the credit terms provided to Customer at any time, in its sole discretion upon notice to Customer. If Seller selects not to extend or cancels any credit terms provided to Customer, prior to each delivery of aviation fuel, Customer shall: (a) make a prepayment to Seller; (b) cause to be issued a letter of credit in favor of Seller in a form, in an amount and from a bank that is acceptable to Seller from time to time in its sole discretion, or (c) give other security to Seller in a manner, of a type, in a form and in an amount that is acceptable to Seller. Seller reserves the right, in addition to all other rights and remedies available to it under the law, in equity or otherwise, to suspend further performance of Services, and demand payment of all outstanding balances, if Customer fails to make any payment as herein provided, or if Seller at any time deems itself insecure with regard to the creditworthiness or financial condition of Customer.
CREDIT AND PAYMENT TERMS. 6 5.1 Payment........................................................ 6
CREDIT AND PAYMENT TERMS. Notwithstanding the above, Cardinal reserves the right, at its sole discretion, to a. extend credit privileges to any Customer that Cardinal determines is creditworthy and b. revoke any granted credit privileges to, or amend payment terms of, any Customer including any current account Customers, where Cardinal has any reason, as determined by Cardinal, to be concerned about the Customer’s continued creditworthy status. If Cardinal elects to withdraw credit privileges or amend any payment terms, Customer will be required to comply with the revised payment terms as established by Cardinal, at its sole discretion, to address past-due balances and/or future services as a condition of continued use of any Cardinal services, regardless of whether services are billed to the customer or any other party. Cardinal may elect to reestablish, or refuse to reestablish, credit privileges at its sole discretion. Cardinal reserves the right, at is sole discretion, to:
CREDIT AND PAYMENT TERMS. Purchaser shall furnish to Seller all financial information reasonably requested by Seller from time to time for the purpose of establishing or continuing Purchaser's credit limit, it being understood that Seller shall have the right to decline to extend credit to Purchaser and to require that the applicable purchase price be paid prior to shipment. Seller shall have the right from time to time, without notice, to change or revoke Purchaser's credit limit on the basis of changes in Seller's credit policies or Purchaser's financial condition and/or payment record. Payment terms for each shipment of Products shall be as stated on Seller's invoice. A service charge of the lesser of one and one-half percent (1 1/2%) per month or the maximum amount allowed by law will be charged on all past due balances to defray Seller's costs of carrying such balance. Credit cards (MasterCard, VISA and Discover Card) will only be accepted at the time of order or purchase. Payment for all other orders must be made in accordance with the terms in effect at the time the order was placed. Seller will not accept money orders or travelers checks as payment unless they are made out in the exact amount of an outstanding invoice. Payment of an invoice through multiple money orders or travelers checks will not be accepted. In the event Purchaser fails to make timely payment of any amount invoiced hereunder, Seller shall have the right, in addition to any and all other rights and remedies available to Seller, at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future deliveries and/or to reduce or cancel any or all quantity discounts extended to Purchaser. Purchaser shall pay all costs of collection, including reasonable attorneys' fees. Xxxxxx Micro Inc. Resale Agreement -------------------------------------------------------------------------------- EXHIBIT F (continued) Any obligation of Seller under these terms and conditions to deliver Products on credit terms shall terminate without notice if Purchaser files a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditors, or if an involuntary petition under a bankruptcy statute is filed against Purchaser, or if a receiver or trustee is appointed to take possession of the assets of Purchaser.
CREDIT AND PAYMENT TERMS. Prior to delivery of any products and at any time thereafter, upon Seller’s request, Buyer will promptly provide Seller, and hereby authorizes Seller to obtain from Buyer or any third party, such credit information and documentation as Seller may reasonably require to determine Buyer’s creditworthiness. If at any time, in the sole opinion of Seller, the financial responsibility of Buyer is impaired or unsatisfactory, or Buyer fails to provide such credit information, Seller may suspend deliveries or place Buyer on a cash-in-advance status until arrangements are made for security satisfactory to Seller or, at Seller’s option, until all indebtedness is paid. Terms to Buyers whose credit has been approved by Seller are net thirty (30) days from date of invoice, unless otherwise agreed in writing by a duly authorized representative of Seller, payable in US currency at Seller’s Westlake, TX office, or at any other location designated by Seller. Seller shall have the right to make partial shipments and payment therefor shall be due thirty (30) days thereafter. Buyer grants Seller a security interest in Products until full payment by Buyer. If Buyer fails to make payment for the Goods when due, Buyer's account shall be deemed delinquent and Buyer shall be liable to Seller for a service charge of eighteen percent (18%) per annum or the maximum allowed by law, whichever is greater, on any unpaid amount. Buyer shall be liable to Seller for all costs and expenses of collection, including court costs and reasonable attorney's fees.
CREDIT AND PAYMENT TERMS. Purchaser shall furnish to Virtue all financial information requested by Virtue from time to time for the purpose of establishing or continuing Purchaser’s credit limit. Purchaser agrees that Virtue shall have the right to decline to extend credit. Virtue has the right to modify, increase, decrease or terminate Purchaser’s credit privileges and terms (wherever applicable) at any time without prior notice to Purchaser. Purchaser certifies that the information it furnishes to Virtue to extend credit and sell Products to Purchaser, including, without limitation, any financial statements, is and shall remain true and correct and understands that Virtue relies upon such information as correct. Purchaser shall promptly notify Virtue of all changes to Purchaser’s name, address, GSTIN registration no’s or of the sale of substantially all of its assets. Purchaser shall not deduct any amounts owing to Virtue. All types of schemes/support/commitments will be communicated to the Purchaser in writing with a Unique Reference Number (URN). Any communication related to schemes/support/ commitment sent/ given by any person other than as stated above shall be null and void and Virtue shall not be responsible for the same at any point of time. Purchaser is advised to ignore such unauthorized communication and immediately notify the same to Virtue. Virtue does not follow any policy of verbal commitment nor authorize any sales personnel or manufacturer’s personnel to make any such commitment. Any claim arising out or claimed based on aforesaid commitment, shall not be entertained by Virtue under any circumstances. A finance charge of two (2%) per month or the maximum amount allowed by law, whichever is lower, will be charged on all past due balances commencing on the date payment is due plus applicable taxes. Credit cards (MasterCard and VISA) issued by Bank which are acceptable to Virtue, will only be accepted subject to a charge at the rate of two percent (2%) of the price invoiced plus applicable taxes. Payment by telegraphic transfers, cashier orders, demand drafts or cheque (subject to clearance) will be allowed. Payment by any other method will be subject to Virtue's express written approval. Virtue shall levy a charge of Rs 500 per cheque dishonour or as charged by the bank to Virtue, whichever is higher, along with applicable GST. If Purchaser fails to make timely payment of any amount invoiced hereunder, Virtue shall have the right, in addition to any and all other ri...
CREDIT AND PAYMENT TERMS. Client shall furnish Netrix all reasonably requested financial information for the purpose of managing Client’s credit limit. Netrix may decline credit or change Client’s credit limit at any time and require pre-payment. Where Netrix extends credit to Client, title to deliverables will not pass to Client until full payment is made. Netrix may make UCC-1 filings on product deliverables until full payment is made. Payment terms are as stated on Xxxxxx’s invoice. Interest in the lesser of 1.5% per month or the maximum amount allowed by law may be charged on all past due balances. Credit card (MasterCard and VISA) payments are only accepted if agreed at the time of order, and additional service fees may apply. If Client fails to make timely payment of any amount invoiced hereunder, Netrix, in addition to any and all other rights and remedies, may immediately revoke any credit extended, terminate or suspend performance under any quote, reclaim or hold any unpaid deliverables, suspend services, and/or reduce or cancel any discounts extended to Client. Client shall reimburse Netrix for all costs of collection, including court costs, administrative charges, and reasonable attorneys’ fees. Any obligations of Netrix under any quote on credit terms will terminate without notice if Client files a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditors, or if an involuntary petition under a bankruptcy statute is filed against Client, or if a receiver or trustee is appointed to take possession of the assets of Client.
CREDIT AND PAYMENT TERMS. We may change the following terms from time to time:
